CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                        Bill No. SB 1548, 2nd Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Ryan, Barreiro, Prieguez, Heyman & Kyle

12  offered the following:

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14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

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17  and insert in lieu thereof:

18         Section 1.  Paragraph (d) is added to subsection (2) of

19  section 985.227, Florida Statutes, to read:

20         985.227  Prosecution of juveniles as adults by the

21  direct filing of an information in the criminal division of

22  the circuit court; discretionary criteria; mandatory

23  criteria.--

24         (2)  MANDATORY DIRECT FILE.--

25         (d)1.  With respect to any child who was 16 or 17 years

26  of age at the time the alleged offense was committed, the

27  state attorney shall file an information if the child has been

28  charged with committing or attempting to commit an offense

29  listed in s. 775.087(2)(a)1.a.-q., and, during the commission

30  of or attempt to commit the offense, the child:

31         a.  Actually possessed a firearm or destructive device,

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    File original & 9 copies    05/01/00
    hjj0005                     05:19 pm         01548-0083-591283




                                                   HOUSE AMENDMENT

                                        Bill No. SB 1548, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  as those terms are defined in s. 790.001.

  2         b.  Discharged a firearm or destructive device, as

  3  described in s. 775.087(2)(a)2.

  4         c.  Discharged a firearm or destructive device, as

  5  described in s. 775.087(2)(a)3., and, as a result of the

  6  discharge, death or great bodily harm was inflicted upon any

  7  person.

  8         2.  Upon transfer, any child who is:

  9         a.  Charged pursuant to subparagraph 1.a. and who has

10  been previously adjudicated or had adjudication withheld for a

11  forcible felony offense or any offense involving a firearm, or

12  who has been previously placed in a residential commitment

13  program, shall be subject to sentencing under s.

14  775.087(2)(a), notwithstanding s. 985.233.

15         b.  Charged pursuant to subparagraph 1.b. or

16  subparagraph 1.c., shall be subject to sentencing under s.

17  775.087(2)(a), notwithstanding s. 985.233.

18         3.  Upon transfer, any child who is charged pursuant to

19  this paragraph, but who does not meet the requirements

20  specified in subparagraph 2., shall be sentenced pursuant to

21  s. 985.233; however, if the court imposes a juvenile sanction,

22  the court must commit the child to a high-risk or maximum-risk

23  juvenile facility.

24         4.  This paragraph shall not apply if the state

25  attorney has good cause to believe that exceptional

26  circumstances exist which preclude the just prosecution of the

27  child in adult court.

28         5.  The Department of Corrections shall make every

29  reasonable effort to ensure that any child 16 or 17 years of

30  age who is convicted and sentenced under this paragraph be

31  completely separated such that there is no physical contact

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                                                   HOUSE AMENDMENT

                                        Bill No. SB 1548, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1  with adult offenders in the facility, to the extent that it is

  2  consistent with chapter 958.

  3         Section 2.  The Department of Corrections may spend up

  4  to $300,000 from resources available from the department's

  5  appropriation for the 1999-2000 fiscal year to provide

  6  statewide public service announcements to advertise the

  7  penalties provided in s. 985.227(2)(d), Florida Statutes.

  8         Section 3.  This act shall take effect October 1, 2000.

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11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         On page 1, lines 2 through 15

14  remove the entire title of the bill:

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16  and insert in lieu thereof:

17                  A bill to be entitled

18         An act relating to the prosecution of

19         juveniles; amending s. 985.227, F.S.; requiring

20         that the state attorney prosecute a juvenile

21         between certain ages as an adult if the

22         juvenile is charged with a specified violent

23         felony and possessed a firearm or destructive

24         device during the commission of the felony in

25         certain circumstances or discharged a firearm

26         or destructive device during the commission of

27         the felony which resulted in death or great

28         bodily harm; providing for a juvenile convicted

29         under the act to be sentenced as an adult in

30         certain circumstances; specifying circumstances

31         in which the provisions of this act do not

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                                                   HOUSE AMENDMENT

                                        Bill No. SB 1548, 2nd Eng.

    Amendment No. 01 (for drafter's use only)





  1         apply; authorizing the Department of

  2         Corrections to spend allocated resources to

  3         advertise the penalties provided in this act;

  4         providing an effective date.

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    File original & 9 copies    05/01/00
    hjj0005                     05:19 pm         01548-0083-591283