Florida Senate - 2017                                     SB 192
       
       
        
       By Senator Powell
       
       30-00292-17                                            2017192__
    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; prohibiting the transfer of a child to
    9         adult court under certain circumstances based on the
   10         child’s competency; requiring the Department of
   11         Juvenile Justice to collect specified data under
   12         certain circumstances; requiring the department to
   13         provide an annual report to the Legislature; amending
   14         s. 985.56, F.S.; prohibiting the transfer of a child
   15         to adult court under certain circumstances based on
   16         the child’s competency; amending s. 985.565, F.S.;
   17         providing specified sanctions to which a juvenile may
   18         be sentenced; prohibiting a sentence from exceeding
   19         the maximum term that an adult may serve for the same
   20         offense; revising the criteria to be used in
   21         determining whether to impose juvenile or adult
   22         sanctions; requiring the adult court to enter an order
   23         including specific findings of fact and the reasons
   24         for its decision; authorizing the court to consider
   25         certain reports that may assist it; providing for the
   26         examination of the reports by certain parties;
   27         revising how a child may be sanctioned under certain
   28         circumstances; removing a provision that requires a
   29         court to impose adult sanctions under certain
   30         circumstances; requiring the court to explain the
   31         basis for imposing adult sanctions; revising when
   32         juvenile sanctions may be imposed; providing criteria
   33         for blended sanctions; amending s. 985.556, F.S.;
   34         conforming a cross-reference; reenacting ss. 985.15(1)
   35         and 985.265(5), F.S., relating to filing decisions and
   36         detention transfer and release, education, and adult
   37         jails, respectively, to incorporate the amendment made
   38         to s. 985.557, F.S., in references thereto; reenacting
   39         ss. 985.514(3) and 985.56(3) and (4)(a), F.S.,
   40         relating to responsibility for cost of care and fees
   41         and indictment of a juvenile, respectively, to
   42         incorporate the amendment made to s. 985.565, F.S., in
   43         references thereto; reenacting s. 985.556(3) and
   44         (5)(a), F.S., relating to waiver of juvenile court
   45         jurisdiction and hearings, to incorporate the
   46         amendments made to ss. 985.557 and 985.565, F.S., in
   47         references thereto; providing an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 985.557, Florida Statutes, is amended to
   52  read:
   53         (Substantial rewording of section. See
   54         s. 985.557, F.S., for present text.)
   55         985.557Direct filing of an information.—
   56         (1)DIRECT FILE.—
   57         (a)With respect to a child who was 16 years of age or
   58  older and younger than 18 years of age at the time the alleged
   59  offense was committed, the state attorney may file an
   60  information if, in the state attorney’s judgment and discretion,
   61  the public interest requires that adult sanctions be considered
   62  and the offense charged is for the commission of or attempt to
   63  commit:
   64         1.Murder;
   65         2.Manslaughter;
   66         3.Sexual battery;
   67         4.Robbery;
   68         5.Aggravated assault;
   69         6.Aggravated child abuse;
   70         7.Arson;
   71         8.Kidnapping;
   72         9.Unlawful throwing, placing, or discharging of a
   73  destructive device or bomb;
   74         10.Aggravated battery;
   75         11.Carrying, displaying, using, or threatening or
   76  attempting to use a weapon or firearm in furtherance of the
   77  commission of a felony;
   78         12.Possessing or discharging a weapon or firearm on school
   79  property in violation of s. 790.115;
   80         13.Home invasion robbery;
   81         14.Aggravated stalking;
   82         15.Carjacking;
   83         16.Aggravated animal cruelty by intentional acts;
   84         17.DUI or BUI resulting in fatality, great bodily harm,
   85  permanent disability, or permanent disfigurement to a person;
   86         18.Felony DUI or BUI in violation of s. 316.193(2)(b)1. or
   87  3. or s. 327.35(2)(b)1. or 3., respectively;
   88         19.Leaving the scene of an accident resulting in fatality,
   89  great bodily harm, permanent disability, or permanent
   90  disfigurement to a person;
   91         20.Any lewd or lascivious offense committed upon or in the
   92  presence of a person younger than 16 years of age; or
   93         21.Burglary in violation of s. 810.02(2)(a), burglary of a
   94  dwelling in violation of s. 810.02(2) or (3), or burglary in
   95  violation of s. 810.02(3)(c) or (d).
   96         (b)With respect to a child who was 14 years of age or
   97  older and younger than 16 years of age at the time the alleged
   98  offense was committed, the state attorney may file an
   99  information if, in the state attorney’s judgment and discretion,
  100  the public interest requires that adult sanctions be considered
  101  and the offense charged is for the commission of or attempt to
  102  commit:
  103         1.Murder;
  104         2.Manslaughter;
  105         3.Sexual battery;
  106         4.Robbery;
  107         5.Aggravated battery;
  108         6.Carjacking;
  109         7.Home invasion robbery;
  110         8.Kidnapping;
  111         9.Burglary of a dwelling or burglary in violation of s.
  112  810.02(2)(a);
  113         10.Arson; or
  114         11.Possessing or discharging any weapon or firearm on
  115  school property in violation of s. 790.115.
  116         (c)With respect to a child who was 15 years of age or
  117  older and younger than 18 years of age at the time the alleged
  118  offense was committed, the state attorney may file an
  119  information for a felony if, in the state attorney’s judgment
  120  and discretion, the public interest requires that adult
  121  sanctions be considered and the child has had a prior
  122  adjudication for an offense that would be a felony if committed
  123  by an adult.
  124         (d)With respect to a child who is 17 years of age or older
  125  and younger than 18 years of age at the time the alleged offense
  126  was committed, the state attorney may file an information for a
  127  violation of s. 784.03(1)(b) if, in the state attorney’s
  128  judgment and discretion, the public interest requires that adult
  129  sanctions be considered, the child has had a prior adjudication
  130  for an offense that would be a felony if committed by an adult,
  131  and the victim requests that the offense be filed in adult
  132  court.
  133         (2)EFFECT OF DIRECT FILE.—
  134         (a)If a child is transferred for criminal prosecution as
  135  an adult, the court must transfer and certify to the adult
  136  circuit court all felony cases pertaining to the child which
  137  have not yet resulted in a plea of guilty or nolo contendere or
  138  in which a finding of guilt has not been made. If the child is
  139  acquitted of all charged offenses or lesser included offenses
  140  contained in the original case transferred to adult court, any
  141  felony cases that were transferred to adult court under this
  142  subsection are subject to the same penalties they were subject
  143  to before their transfer.
  144         (b)If a child has been transferred to adult court pursuant
  145  to this section and found to have committed the presenting
  146  offense or a lesser included offense, he or she must be treated
  147  as an adult for each subsequent violation of state law, unless
  148  the court imposes juvenile sanctions under s. 985.565.
  149         (3)TRANSFER PROHIBITION.—Notwithstanding any other law, a
  150  child who is eligible for direct file and who has a pending
  151  competency hearing in juvenile court or has previously been
  152  found to be incompetent and has not been restored to competency
  153  by a court may not be transferred to adult court for criminal
  154  prosecution.
  155         (4)DATA COLLECTION RELATING TO DIRECT FILE.—
  156         (a)The department shall collect data regarding children
  157  who qualify for direct file under subsection (1), including, but
  158  not limited to:
  159         1.Age.
  160         2.Race and ethnicity.
  161         3.Gender.
  162         4.Circuit and county of residence.
  163         5.Circuit and county of offense.
  164         6.Prior adjudicated offenses.
  165         7.Prior periods of probation.
  166         8.Previous contacts with law enforcement agencies or the
  167  courts.
  168         9.Initial charges.
  169         10.Charges at disposition.
  170         11.Whether adult codefendants were involved.
  171         12.Whether child codefendants were involved who were
  172  transferred to adult court.
  173         13.Whether the child was represented by counsel.
  174         14.Whether the child has waived counsel.
  175         15.Risk assessment instrument score.
  176         16.The child’s medical, mental health, substance abuse, or
  177  trauma history.
  178         17.The child’s history of abuse or neglect.
  179         18.The child’s history of foster care placements,
  180  including the number of prior placements.
  181         19.Whether the child has been the subject of a children
  182  in-need-of-services or families-in-need-of-services petition or
  183  dependency petition.
  184         20.The case resolution in juvenile court.
  185         21.The case resolution in adult court.
  186         (b)If a child is transferred for criminal prosecution as
  187  an adult, the department must also collect disposition data,
  188  including, but not limited to, whether the child received adult
  189  sanctions, juvenile sanctions, blended sanctions, or diversion
  190  and, if sentenced to prison, the length of prison sentence or
  191  enhanced sentence.
  192         (c)The department shall annually provide a report
  193  analyzing this aggregated data to the President of the Senate
  194  and the Speaker of the House of Representatives.
  195         Section 2. Subsection (5) is added to section 985.56,
  196  Florida Statutes, to read:
  197         985.56 Indictment of a juvenile.—
  198         (5)Notwithstanding any other law, a child who is eligible
  199  for indictment and who has a pending competency hearing in
  200  juvenile court or has previously been found to be incompetent
  201  and has not been restored to competency by a court may not be
  202  transferred to adult court for criminal prosecution.
  203         Section 3. Subsection (1), paragraphs (a) and (c) of
  204  subsection (3), and subsection (4) of section 985.565, Florida
  205  Statutes, are amended to read:
  206         985.565 Sentencing powers; procedures; alternatives for
  207  juveniles prosecuted as adults.—
  208         (1) POWERS OF DISPOSITION.—
  209         (a) A child in adult court who is found to have committed a
  210  violation of law may be sentenced to adult sanctions, juvenile
  211  sanctions, or blended sanctions consisting of both juvenile and
  212  adult sanctions. The child’s sentence may include a term of
  213  imprisonment, community control, probation, commitment, as an
  214  alternative to adult dispositions, be committed to the
  215  department for treatment in an appropriate program, for children
  216  outside the adult correctional system or be placed on juvenile
  217  probation, or any combination thereof. The sentence may also
  218  include any other sanction authorized by law. A sentence imposed
  219  under this section may not exceed the maximum term that an adult
  220  may serve for the same offense.
  221         (b) In determining whether to impose juvenile sanctions,
  222  instead of adult sanctions, or blended sanctions, the court
  223  shall consider the following criteria:
  224         1. The seriousness of the offense to the community and
  225  whether the protection of the community would be best served be
  226  protected by juvenile, or adult, or blended sanctions.
  227         2.The extent of the child’s participation in the offense.
  228         3.The effect, if any, of familial or peer pressure on the
  229  child’s actions.
  230         4.2. Whether the offense was committed in an aggressive,
  231  violent, premeditated, or willful manner.
  232         5.3. Whether the offense was against persons or against
  233  property, with greater weight being given to offenses against
  234  persons, especially if personal injury resulted.
  235         6.4. The sophistication and maturity of the child,
  236  including: offender.
  237         a.The child’s age, maturity, intellectual capacity, and
  238  mental and emotional health at the time of the offense.
  239         b.The child’s background, including his or her family,
  240  home, and community environment.
  241         c.The effect, if any, of immaturity, impetuosity, or
  242  failure to appreciate the risks and consequences on the child’s
  243  participation in the offense.
  244         d.The effect, if any, of characteristics attributable to
  245  the child’s age on the child’s judgment.
  246         7.5. The record and previous history of the child offender,
  247  including:
  248         a. Previous contacts with the Department of Corrections,
  249  the Department of Juvenile Justice, the former Department of
  250  Health and Rehabilitative Services, or the Department of
  251  Children and Families, and the adequacy and appropriateness of
  252  the services provided to address the child’s needs law
  253  enforcement agencies, and the courts.
  254         b. Prior periods of probation.
  255         c. Prior adjudications that the offender committed a
  256  delinquent act or violation of law as a child.
  257         d. Prior commitments to the Department of Juvenile Justice,
  258  the former Department of Health and Rehabilitative Services, the
  259  Department of Children and Families, or other facilities or
  260  institutions, and the adequacy and appropriateness of the
  261  services provided to address the child’s needs.
  262         e.Previous contacts with law enforcement agencies and the
  263  courts.
  264         f.History of abuse, abandonment or neglect, or foster care
  265  placements.
  266         g.Identification of the child as having a disability or
  267  having previously received mental health services or treatment.
  268         8.6. The prospects for adequate protection of the public
  269  and the likelihood of deterrence and reasonable rehabilitation
  270  of the offender if assigned to services and facilities of the
  271  Department of Juvenile Justice.
  272         9.7. Whether the Department of Juvenile Justice has
  273  appropriate programs, facilities, and services immediately
  274  available.
  275         10.8. Whether adult sanctions would provide more
  276  appropriate punishment and deterrence to further violations of
  277  law than the imposition of juvenile sanctions.
  278         11.Whether the Department of Corrections has appropriate
  279  programs, facilities, and services immediately available.
  280         (c)The adult court shall enter an order under paragraph
  281  (4)(b) for its sentencing decision.
  282         (3) SENTENCING HEARING.—
  283         (a) At the sentencing hearing the court shall receive and
  284  consider a presentence investigation report by the Department of
  285  Corrections regarding the suitability of the offender for
  286  disposition as an adult sanctions, or as a juvenile sanctions,
  287  or blended sanctions. The presentence investigation report must
  288  include a comments section prepared by the Department of
  289  Juvenile Justice, with its recommendations as to disposition.
  290  This report requirement may be waived by the offender.
  291         (c) The court may receive and consider any other relevant
  292  and material evidence, including other reports, written or oral,
  293  in its effort to determine the action to be taken with regard to
  294  the child, and may rely upon such evidence to the extent of its
  295  probative value even if the evidence would not be competent in
  296  an adjudicatory hearing. Reports the court may consider include,
  297  but are not limited to, prior predisposition reports,
  298  psychosocial assessments, individualized educational plans,
  299  developmental assessments, school records, abuse or neglect
  300  reports, home studies, protective investigations, and
  301  psychological or psychiatric evaluations. The child, the child’s
  302  defense counsel, and the state attorney have the right to
  303  examine the reports and to question the parties responsible for
  304  the reports at the hearing.
  305         (4) SENTENCING ALTERNATIVES.—
  306         (a) Adult Sanctions.—
  307         1.Cases prosecuted on indictment.—If the child is found to
  308  have committed the offense punishable by death or life
  309  imprisonment, the child shall be sentenced as an adult. If the
  310  juvenile is not found to have committed the indictable offense
  311  but is found to have committed a lesser included offense or any
  312  other offense for which he or she was indicted as a part of the
  313  criminal episode, the court may sentence as follows:
  314         a.As an adult;
  315         b.Under chapter 958; or
  316         c.As a juvenile under this section.
  317         2.Other cases.—If a child who has been transferred to
  318  adult court for criminal prosecution pursuant to indictment,
  319  information, or waiver of juvenile court jurisdiction is found
  320  to have committed a violation of state law or a lesser included
  321  offense for which he or she was charged as a part of the
  322  criminal episode, the court may sentence as follows:
  323         1.a. As an adult;
  324         2.b.As a youthful offender under chapter 958; or
  325         3.c. As a juvenile under this section; or
  326         4.To a blended sanction as provided in paragraph (e).
  327         3.Notwithstanding any other provision to the contrary, if
  328  the state attorney is required to file a motion to transfer and
  329  certify the juvenile for prosecution as an adult under s.
  330  985.556(3) and that motion is granted, or if the state attorney
  331  is required to file an information under s. 985.557(2)(a) or
  332  (b), the court must impose adult sanctions.
  333         (b)4.Findings.—The court must Any sentence imposing adult
  334  sanctions is presumed appropriate, and the court is not required
  335  to set forth specific findings or enumerate the criteria in
  336  paragraph (1)(b) this subsection as the any basis for its
  337  decision to impose adult or blended sanctions.
  338         (c)5.Restitution.—If When a child has been transferred for
  339  criminal prosecution as an adult and has been found to have
  340  committed a violation of state law, the disposition of the case
  341  may include the enforcement of any restitution ordered in any
  342  juvenile proceeding.
  343         (d)(b)Juvenile sanctions.If juvenile sanctions For
  344  juveniles transferred to adult court but who do not qualify for
  345  such transfer under s. 985.556(3) or s. 985.557(2)(a) or (b),
  346  the court may impose juvenile sanctions under this paragraph. If
  347  juvenile sentences are imposed, the court shall, under this
  348  paragraph, adjudge the child to have committed a delinquent act.
  349  An adjudication of delinquency may shall not be deemed a
  350  conviction and may not, nor shall it operate to impose any of
  351  the civil disabilities ordinarily resulting from a conviction.
  352  The court shall impose an adult sanction or a juvenile sanction
  353  and may not sentence the child to a combination of adult and
  354  juvenile punishments. An adult sanction or A juvenile sanction
  355  may include enforcement of an order of restitution or probation
  356  previously ordered in any juvenile proceeding. However, if the
  357  court imposes a juvenile sanction and the department determines
  358  that the sanction is unsuitable for the child, the department
  359  shall return custody of the child to the sentencing court for
  360  further proceedings, including the imposition of adult
  361  sanctions. Upon adjudicating a child delinquent under this
  362  paragraph subsection (1), the court may:
  363         1. Place the child in a probation program under the
  364  supervision of the department for an indeterminate period of
  365  time until the child reaches the age of 19 years or sooner if
  366  discharged by order of the court.
  367         2. Commit the child to the department for treatment in an
  368  appropriate program for children for an indeterminate period of
  369  time until the child is 21 or sooner if discharged by the
  370  department. The department shall notify the court of its intent
  371  to discharge no later than 14 days before prior to discharge.
  372  Failure of the court to timely respond to the department’s
  373  notice shall be considered approval for discharge.
  374         3. Order disposition under ss. 985.435, 985.437, 985.439,
  375  985.441, 985.45, and 985.455 as an alternative to youthful
  376  offender or adult sentencing if the court determines not to
  377  impose youthful offender or adult sanctions.
  378         (e)Blended sanctions.—If blended sanctions are imposed,
  379  the court must withhold adjudication of guilt as an adult and
  380  adjudge the child to have committed a delinquent act. An
  381  adjudication of delinquency under this paragraph may not be
  382  deemed a conviction and may not operate to impose any of the
  383  civil disabilities ordinarily resulting from a conviction.
  384         1.The court shall place the child on adult probation,
  385  youthful offender probation under chapter 958, or community
  386  control through the Department of Corrections with a special
  387  condition to successfully complete a residential commitment
  388  program with an appropriate restrictiveness level. The sentence
  389  may also include any other adult sanction authorized by law. A
  390  blended sanction may include enforcement of an order of
  391  restitution or probation previously ordered in any juvenile
  392  proceeding.
  393         2.Notwithstanding any law to the contrary, the court
  394  determining the appropriate restrictiveness level for a child
  395  shall consider the recommendations of the department, the state
  396  attorney, and the child’s attorney but is not bound by any such
  397  recommendation. The court may order the child’s incarceration in
  398  the juvenile detention center or county jail pending placement
  399  in the residential commitment program.
  400         3.The department shall notify the court and the Department
  401  of Corrections of its intent to discharge the child from the
  402  residential commitment program no later than 14 days before
  403  discharge. Failure of the court to timely respond to the
  404  department’s notice shall be considered approval for discharge.
  405         (f)(c)Resentencing Adult sanctions upon failure of
  406  juvenile sanctions.—If a child proves not to be suitable to a
  407  commitment program, juvenile probation program, or treatment
  408  program under paragraph (d) (b), the department shall provide
  409  the sentencing court with a written report outlining the basis
  410  for its objections to the juvenile sanction and shall
  411  simultaneously provide a copy of the report to the state
  412  attorney and the defense counsel. The department shall schedule
  413  a hearing within 30 days. Upon hearing, the court may revoke the
  414  previous adjudication of delinquency, impose an adjudication of
  415  guilt, and impose any sentence that which it may lawfully
  416  impose, giving credit for all time spent by the child in the
  417  department. The court may also classify the child as a youthful
  418  offender under s. 958.04, if appropriate. For purposes of this
  419  paragraph, a child may be found not suitable to a commitment
  420  program, community control program, or treatment program under
  421  paragraph (d) (b) if the child commits a new violation of law
  422  while under juvenile sanctions, if the child commits any other
  423  violation of the conditions of juvenile sanctions, if the child
  424  is found to be noncompliant with the commitment program, or if
  425  the child’s actions are otherwise determined by the court to
  426  demonstrate a failure of juvenile sanctions.
  427         (g)(d)Further proceedings heard in adult court.If When a
  428  child is sentenced to juvenile sanctions or blended sanctions,
  429  further proceedings involving those sanctions shall continue to
  430  be heard in the adult court.
  431         (h)(e)School attendance.—If the child is attending or is
  432  eligible to attend public school and the court finds that the
  433  victim or a sibling of the victim in the case is attending or
  434  may attend the same school as the child, the court placement
  435  order shall include a finding pursuant to the proceeding
  436  described in s. 985.455(2), regardless of whether adjudication
  437  is withheld.
  438  
  439  It is the intent of the Legislature that the criteria and
  440  guidelines in this subsection are mandatory and that a
  441  determination of disposition under this subsection is subject to
  442  the right of the child to appellate review under s. 985.534.
  443         Section 4. Subsection (1) of section 985.556, Florida
  444  Statutes, is amended to read:
  445         985.556 Waiver of juvenile court jurisdiction; hearing.—
  446         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
  447  a child’s criminal case for trial as an adult if the child is
  448  alleged to have committed a violation of law and, before prior
  449  to the commencement of an adjudicatory hearing, the child,
  450  joined by a parent or, in the absence of a parent, by the
  451  guardian or guardian ad litem, demands in writing to be tried as
  452  an adult. Once a child has been transferred for criminal
  453  prosecution pursuant to a voluntary waiver hearing and has been
  454  found to have committed the presenting offense or a lesser
  455  included offense, the child shall be handled thereafter in every
  456  respect as an adult for any subsequent violation of state law,
  457  unless the court imposes juvenile sanctions under s.
  458  985.565(4)(d) s. 985.565(4)(b).
  459         Section 5. For the purpose of incorporating the amendment
  460  made by this act to section 985.557, Florida Statutes, in a
  461  reference thereto, subsection (1) of section 985.15, Florida
  462  Statutes, is reenacted to read:
  463         985.15 Filing decisions.—
  464         (1) The state attorney may in all cases take action
  465  independent of the action or lack of action of the juvenile
  466  probation officer and shall determine the action that is in the
  467  best interest of the public and the child. If the child meets
  468  the criteria requiring prosecution as an adult under s. 985.556,
  469  the state attorney shall request the court to transfer and
  470  certify the child for prosecution as an adult or shall provide
  471  written reasons to the court for not making such a request. In
  472  all other cases, the state attorney may:
  473         (a) File a petition for dependency;
  474         (b) File a petition under chapter 984;
  475         (c) File a petition for delinquency;
  476         (d) File a petition for delinquency with a motion to
  477  transfer and certify the child for prosecution as an adult;
  478         (e) File an information under s. 985.557;
  479         (f) Refer the case to a grand jury;
  480         (g) Refer the child to a diversionary, pretrial
  481  intervention, arbitration, or mediation program, or to some
  482  other treatment or care program if such program commitment is
  483  voluntarily accepted by the child or the child’s parents or
  484  legal guardian; or
  485         (h) Decline to file.
  486         Section 6. For the purpose of incorporating the amendment
  487  made by this act to section 985.557, Florida Statutes, in a
  488  reference thereto, subsection (5) of section 985.265, Florida
  489  Statutes, is reenacted to read:
  490         985.265 Detention transfer and release; education; adult
  491  jails.—
  492         (5) The court shall order the delivery of a child to a jail
  493  or other facility intended or used for the detention of adults:
  494         (a) When the child has been transferred or indicted for
  495  criminal prosecution as an adult under part X, except that the
  496  court may not order or allow a child alleged to have committed a
  497  misdemeanor who is being transferred for criminal prosecution
  498  pursuant to either s. 985.556 or s. 985.557 to be detained or
  499  held in a jail or other facility intended or used for the
  500  detention of adults; however, such child may be held temporarily
  501  in a detention facility; or
  502         (b) When a child taken into custody in this state is wanted
  503  by another jurisdiction for prosecution as an adult.
  504  
  505  The child shall be housed separately from adult inmates to
  506  prohibit a child from having regular contact with incarcerated
  507  adults, including trusties. “Regular contact” means sight and
  508  sound contact. Separation of children from adults shall permit
  509  no more than haphazard or accidental contact. The receiving jail
  510  or other facility shall contain a separate section for children
  511  and shall have an adequate staff to supervise and monitor the
  512  child’s activities at all times. Supervision and monitoring of
  513  children includes physical observation and documented checks by
  514  jail or receiving facility supervisory personnel at intervals
  515  not to exceed 10 minutes. This subsection does not prohibit
  516  placing two or more children in the same cell. Under no
  517  circumstances shall a child be placed in the same cell with an
  518  adult.
  519         Section 7. For the purpose of incorporating the amendment
  520  made by this act to section 985.565, Florida Statutes, in a
  521  reference thereto, subsection (3) of section 985.514, Florida
  522  Statutes, is reenacted to read:
  523         985.514 Responsibility for cost of care; fees.—
  524         (3) When the court under s. 985.565 orders any child
  525  prosecuted as an adult to be supervised by or committed to the
  526  department for treatment in any of the department’s programs for
  527  children, the court shall order the child’s parents to pay fees
  528  as provided in s. 985.039.
  529         Section 8. For the purpose of incorporating the amendment
  530  made by this act to section 985.565, Florida Statutes, in
  531  references thereto, subsection (3) and paragraph (a) of
  532  subsection (4) of section 985.56, Florida Statutes, are
  533  reenacted to read:
  534         985.56 Indictment of a juvenile.—
  535         (3) If the child is found to have committed the offense
  536  punishable by death or by life imprisonment, the child shall be
  537  sentenced as an adult. If the juvenile is not found to have
  538  committed the indictable offense but is found to have committed
  539  a lesser included offense or any other offense for which he or
  540  she was indicted as a part of the criminal episode, the court
  541  may sentence under s. 985.565.
  542         (4)(a) Once a child has been indicted pursuant to this
  543  section and has been found to have committed any offense for
  544  which he or she was indicted as a part of the criminal episode,
  545  the child shall be handled thereafter in every respect as if an
  546  adult for any subsequent violation of state law, unless the
  547  court imposes juvenile sanctions under s. 985.565.
  548         Section 9. For the purpose of incorporating the amendments
  549  made by this act to sections 985.557 and 985.565, Florida
  550  Statutes, in references thereto, subsection (3) and paragraph
  551  (a) of subsection (5) of section 985.556, Florida Statutes, are
  552  reenacted to read:
  553         985.556 Waiver of juvenile court jurisdiction; hearing.—
  554         (3) INVOLUNTARY MANDATORY WAIVER.—
  555         (a) If the child was 14 years of age or older, and if the
  556  child has been previously adjudicated delinquent for an act
  557  classified as a felony, which adjudication was for the
  558  commission of, attempt to commit, or conspiracy to commit
  559  murder, sexual battery, armed or strong-armed robbery,
  560  carjacking, home-invasion robbery, aggravated battery,
  561  aggravated assault, or burglary with an assault or battery, and
  562  the child is currently charged with a second or subsequent
  563  violent crime against a person; or
  564         (b) If the child was 14 years of age or older at the time
  565  of commission of a fourth or subsequent alleged felony offense
  566  and the child was previously adjudicated delinquent or had
  567  adjudication withheld for or was found to have committed, or to
  568  have attempted or conspired to commit, three offenses that are
  569  felony offenses if committed by an adult, and one or more of
  570  such felony offenses involved the use or possession of a firearm
  571  or violence against a person;
  572  
  573  the state attorney shall request the court to transfer and
  574  certify the child for prosecution as an adult or shall provide
  575  written reasons to the court for not making such request, or
  576  proceed under s. 985.557(1). Upon the state attorney’s request,
  577  the court shall either enter an order transferring the case and
  578  certifying the case for trial as if the child were an adult or
  579  provide written reasons for not issuing such an order.
  580         (5) EFFECT OF ORDER WAIVING JURISDICTION.—
  581         (a) Once a child has been transferred for criminal
  582  prosecution pursuant to an involuntary waiver hearing and has
  583  been found to have committed the presenting offense or a lesser
  584  included offense, the child shall thereafter be handled in every
  585  respect as an adult for any subsequent violation of state law,
  586  unless the court imposes juvenile sanctions under s. 985.565.
  587         Section 10. This act shall take effect July 1, 2017.