Florida Senate - 2021                                     SB 474
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00274-21                                            2021474__
    1                        A bill to be entitled                      
    2         An act relating to prosecuting children as adults;
    3         amending s. 985.556, F.S.; increasing the age of a
    4         child at which a state attorney may, or is required
    5         to, request a court to transfer the child to adult
    6         court for criminal prosecution; amending s. 985.557,
    7         F.S.; increasing the age of a child at which a state
    8         attorney may file an information against the child for
    9         criminal prosecution as an adult; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (2) and (3) of section 985.556,
   15  Florida Statutes, are amended to read:
   16         985.556 Waiver of juvenile court jurisdiction; hearing.—
   17         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
   18  subsection (3), the state attorney may file a motion requesting
   19  the court to transfer the child for criminal prosecution if the
   20  child was 15 14 years of age or older at the time the alleged
   21  delinquent act or violation of law was committed.
   22         (3) INVOLUNTARY MANDATORY WAIVER.—
   23         (a) If the child was 15 14 years of age or older, and if
   24  the child has been previously adjudicated delinquent for an act
   25  classified as a felony, which adjudication was for the
   26  commission of, attempt to commit, or conspiracy to commit
   27  murder, sexual battery, armed or strong-armed robbery,
   28  carjacking, home-invasion robbery, aggravated battery,
   29  aggravated assault, or burglary with an assault or battery, and
   30  the child is currently charged with a second or subsequent
   31  violent crime against a person; or
   32         (b) If the child was 15 14 years of age or older at the
   33  time of commission of a fourth or subsequent alleged felony
   34  offense and the child was previously adjudicated delinquent or
   35  had adjudication withheld for or was found to have committed, or
   36  to have attempted or conspired to commit, three offenses that
   37  are felony offenses if committed by an adult, and one or more of
   38  such felony offenses involved the use or possession of a firearm
   39  or violence against a person;
   40  
   41  the state attorney shall request the court to transfer and
   42  certify the child for prosecution as an adult or shall provide
   43  written reasons to the court for not making such request, or
   44  proceed under s. 985.557(1). Upon the state attorney’s request,
   45  the court shall either enter an order transferring the case and
   46  certifying the case for trial as if the child were an adult or
   47  provide written reasons for not issuing such an order.
   48         Section 2. Subsection (1) of section 985.557, Florida
   49  Statutes, is amended to read:
   50         985.557 Direct filing of an information; discretionary
   51  criteria.—
   52         (1) DISCRETIONARY DIRECT FILE.—
   53         (a) With respect to any child who was 14 or 15 or 16 years
   54  of age at the time the alleged offense was committed, the state
   55  attorney may file an information when in the state attorney’s
   56  judgment and discretion the public interest requires that adult
   57  sanctions be considered or imposed and when the offense charged
   58  is for the commission of, attempt to commit, or conspiracy to
   59  commit:
   60         1. Arson;
   61         2. Sexual battery;
   62         3. Robbery;
   63         4. Kidnapping;
   64         5. Aggravated child abuse;
   65         6. Aggravated assault;
   66         7. Aggravated stalking;
   67         8. Murder;
   68         9. Manslaughter;
   69         10. Unlawful throwing, placing, or discharging of a
   70  destructive device or bomb;
   71         11. Armed burglary in violation of s. 810.02(2)(b) or
   72  specified burglary of a dwelling or structure in violation of s.
   73  810.02(2)(c), or burglary with an assault or battery in
   74  violation of s. 810.02(2)(a);
   75         12. Aggravated battery;
   76         13. Any lewd or lascivious offense committed upon or in the
   77  presence of a person less than 16 years of age;
   78         14. Carrying, displaying, using, threatening, or attempting
   79  to use a weapon or firearm during the commission of a felony;
   80         15. Grand theft in violation of s. 812.014(2)(a);
   81         16. Possessing or discharging any weapon or firearm on
   82  school property in violation of s. 790.115;
   83         17. Home invasion robbery;
   84         18. Carjacking; or
   85         19. Grand theft of a motor vehicle in violation of s.
   86  812.014(2)(c)6. or grand theft of a motor vehicle valued at
   87  $20,000 or more in violation of s. 812.014(2)(b) if the child
   88  has a previous adjudication for grand theft of a motor vehicle
   89  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
   90         (b) With respect to any child who was 16 or 17 years of age
   91  at the time the alleged offense was committed, the state
   92  attorney may file an information when in the state attorney’s
   93  judgment and discretion the public interest requires that adult
   94  sanctions be considered or imposed. However, the state attorney
   95  may not file an information on a child charged with a
   96  misdemeanor, unless the child has had at least two previous
   97  adjudications or adjudications withheld for delinquent acts, one
   98  of which involved an offense classified as a felony under state
   99  law.
  100         Section 3. This act shall take effect July 1, 2021.