Florida Senate - 2015 SB 1082
By Senator Altman
16-00966-15 20151082__
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. 985.556, F.S.; deleting a provision that transfers
7 and certifies a child’s criminal case for trial as an
8 adult if a parent or guardian demands his or her child
9 to be tried as an adult; authorizing a state attorney
10 to request, and the court to grant, a transfer and
11 certify a child 16 years of age or older who commits
12 specified crimes for prosecution as an adult, rather
13 than providing for involuntary discretionary waiver or
14 involuntary mandatory waiver for a child 14 years of
15 age or older; revising the requirements for a waiver
16 hearing and the procedures to be followed; prohibiting
17 the transfer of a child to adult court under certain
18 circumstances; authorizing, rather than requiring, the
19 court to transfer and certify to the adult circuit
20 court all felony cases pertaining to a child under
21 certain circumstances; deleting a provision requiring
22 that, under certain circumstances, a child be handled
23 in every respect as an adult for any subsequent
24 violation of law; requiring the Department of Juvenile
25 Justice to collect specified information; requiring
26 the department to annually provide a report to the
27 Legislature analyzing the collected data; repealing s.
28 985.557, F.S., relating to direct filing of an
29 information; amending s. 985.56, F.S.; providing that
30 only a child who is 16 years of age or older, rather
31 than a child of any age, may be indicted, tried, and
32 handled in every respect as an adult, under certain
33 circumstances; deleting certain crimes for which a
34 child is required to be sentenced and handled as an
35 adult; removing a provision requiring that a child who
36 has been indicted as an adult be treated as an adult
37 for subsequent violations of law; authorizing, rather
38 than requiring, a court to transfer and certify to the
39 adult circuit court all related felony cases; amending
40 s. 985.565, F.S.; providing that a court may impose
41 juvenile sanctions or adult sanctions; revising the
42 criteria a court must consider in making that
43 determination; requiring an adult court to include
44 specific findings and reasons for its decision in its
45 order; providing that the order is reviewable on
46 appeal; adding further evidence that a court must
47 consider; providing for parties to examine the
48 reports; authorizing and revising how a court
49 sentences children who have been transferred for
50 criminal prosecution and found to have committed a
51 violation of state law; requiring a court to specify
52 the reasons for issuing a sentence to a child;
53 deleting provisions authorizing a court, under certain
54 circumstances, to issue juvenile sanctions; deleting
55 provisions authorizing adult sanctions upon failure of
56 juvenile sanctions; authorizing a court to issue
57 certain juvenile sanctions; amending s. 985.57, F.S.;
58 requiring, rather than authorizing, a child to be
59 transferred from the Department of Corrections to the
60 Department of Juvenile Justice under certain
61 circumstances; amending s. 985.03, F.S.; conforming a
62 cross-reference; amending ss. 985.04 and 985.15, F.S.;
63 conforming provisions to changes made by the act;
64 providing an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Section 985.265, Florida Statutes, is amended to
69 read:
70 985.265 Detention transfer and release; education; adult
71 jails.—
72 (1) If a child is detained under this part, the department
73 may transfer the child from nonsecure detention care to secure
74 detention care only if significantly changed circumstances
75 warrant such transfer.
76 (2) If a child is on release status and not detained under
77 this part, the child may be placed into secure or nonsecure
78 detention care only pursuant to a court hearing in which the
79 original risk assessment instrument and the newly discovered
80 evidence or changed circumstances are introduced into evidence
81 with a rescored risk assessment instrument.
82 (3)(a) When a juvenile sexual offender is placed in
83 detention, detention staff shall provide appropriate monitoring
84 and supervision to ensure the safety of other children in the
85 facility.
86 (b) When a juvenile is released from secure detention or
87 transferred to nonsecure detention, detention staff shall
88 immediately notify the appropriate law enforcement agency,
89 school personnel, and victim if the juvenile is charged with
90 committing any of the following offenses or attempting to commit
91 any of the following offenses:
92 1. Murder, under s. 782.04;
93 2. Sexual battery, under chapter 794;
94 3. Stalking, under s. 784.048; or
95 4. Domestic violence, as defined in s. 741.28.
96 (4)(a) While a child who is currently enrolled in school is
97 in nonsecure detention care, the child shall continue to attend
98 school unless otherwise ordered by the court.
99 (b) While a child is in secure detention care, the child
100 shall receive education commensurate with his or her grade level
101 and educational ability.
102 (5) The court shall order the delivery of a child to a jail
103 or other facility intended or used for the detention of adults:
104 (a) When the child has been transferred or indicted for
105 criminal prosecution as an adult under part X, except that the
106 court may not order or allow a child alleged to have committed a
107 misdemeanor who is being transferred for criminal prosecution
108 pursuant to either s. 985.556 or s. 985.557 to be detained or
109 held in a jail or other facility intended or used for the
110 detention of adults; however, such child may be held temporarily
111 in a detention facility; or
112 (b) When a child taken into custody in this state is wanted
113 by another jurisdiction for prosecution as an adult.
114
115 The child shall be housed separately from adult inmates to
116 prohibit a child from having regular contact with incarcerated
117 adults, including trusties. “Regular contact” means sight and
118 sound contact. Separation of children from adults shall permit
119 no more than haphazard or accidental contact. The receiving jail
120 or other facility shall contain a separate section for children
121 and shall have an adequate staff to supervise and monitor the
122 child’s activities at all times. Supervision and monitoring of
123 children includes physical observation and documented checks by
124 jail or receiving facility supervisory personnel at intervals
125 not to exceed 10 minutes. This subsection does not prohibit
126 placing two or more children in the same cell. Under no
127 circumstances shall a child be placed in the same cell with an
128 adult.
129 Section 2. Section 985.556, Florida Statutes, is amended to
130 read:
131 (Substantial rewording of section. See
132 s. 985.556, F.S., for present text.)
133 985.556 Waiver of juvenile court jurisdiction; hearing.—
134 (1) JUDICIAL WAIVER.—A state attorney may request, and the
135 court may grant, a waiver of juvenile court jurisdiction and
136 transfer and certify a child’s case for prosecution as an adult
137 for any of the following reasons:
138 (a) If a child was 16 years of age or older at the time of
139 the charged offense; has been previously adjudicated delinquent
140 for an act classified as a felony, which adjudication was for
141 the commission of, or attempt to commit, murder, sexual battery,
142 armed robbery, carjacking, home-invasion robbery, aggravated
143 battery resulting in great bodily harm, permanent disability, or
144 permanent disfigurement, aggravated assault with a firearm, or
145 burglary with an assault or battery; and is currently charged
146 with a second or subsequent violent felony against a person.
147 (b) If a child was 16 years of age or older at the time of
148 commission of a fourth or subsequent alleged felony offense and
149 the child was previously adjudicated delinquent or had
150 adjudication withheld for, or was found to have committed or to
151 have attempted to commit, three separate, nonrelated incidents
152 that are felony offenses when committed by an adult, and one or
153 more of such felony offenses involved the use or possession of a
154 firearm or violence against a person.
155 (c) If a child is charged with, and was 16 years of age or
156 older at the time of the alleged commission of, or attempt to
157 commit:
158 1. Arson;
159 2. Sexual battery;
160 3. Armed robbery;
161 4. Kidnapping;
162 5. Aggravated child abuse;
163 6. Aggravated assault with a firearm;
164 7. Aggravated stalking;
165 8. Murder;
166 9. Manslaughter;
167 10. Unlawful throwing, placing, or discharging of a
168 destructive device or bomb;
169 11. Armed burglary in violation of s. 810.02(2)(b),
170 specified burglary of a dwelling or structure in violation of s.
171 810.02(2)(c), or burglary with an assault or battery in
172 violation of s. 810.02(2)(a);
173 12. Aggravated battery resulting in great bodily harm,
174 permanent disability, or permanent disfigurement;
175 13. Carrying, displaying, or using or threatening or
176 attempting to use, a weapon or firearm during the commission of
177 a felony;
178 14. Possessing or discharging any weapon or firearm at a
179 school-sponsored event or on school property in violation of s.
180 790.115;
181 15. Home-invasion robbery; or
182 16. Carjacking.
183 (2) TRANSFER PROCEDURE.—
184 (a) After considering the recommendation of the juvenile
185 probation officer, but before an adjudicatory hearing, the state
186 attorney may file a motion requesting the court to transfer a
187 child to adult court for criminal prosecution within 7 business
188 days after the date a petition alleging that the child has
189 committed a delinquent act or violation of law is filed, or
190 later with the approval of the court.
191 (b) After the filing of the motion of the state attorney, a
192 summons must be issued and served pursuant to s. 985.319. A copy
193 of the motion and a copy of the delinquency petition, if not
194 already served, must be attached to the summons.
195 (c) The court shall conduct a hearing on all transfer
196 request motions for the purpose of determining whether a child
197 should be transferred. In making its determination, the court
198 shall consider:
199 1. The seriousness of the alleged offense and whether the
200 safety of the community would be best served by juvenile or
201 adult sanctions.
202 2. Whether the alleged offense was committed in an
203 aggressive, violent, premeditated, or willful manner.
204 3. The extent of the child’s alleged participation or role
205 in the offense.
206 4. The effect, if any, of familial or peer pressure on the
207 child’s alleged actions.
208 5. Whether the alleged offense was against persons or
209 against property, with greater weight given to offenses against
210 persons, especially if personal injury resulted from the alleged
211 offense.
212 6. The probable cause as found in the report, affidavit, or
213 complaint.
214 7. The sophistication and maturity of the child, including:
215 a. The age, intellectual capacity, and mental and emotional
216 health at the time of the alleged offense.
217 b. The background, including his or her family, home, and
218 community environment.
219 c. The effect, if any, of immaturity, impetuosity, or
220 failure to appreciate the risks and consequences on the child’s
221 participation in the alleged offense.
222 d. The effect, if any, of characteristics attributable to
223 the child’s age on the child’s judgment.
224 e. Any history of abuse, abandonment, or neglect suffered
225 by the child; foster care placements; failed adoption; fetal
226 alcohol syndrome; exposure to controlled substances at or before
227 birth; and below-average intellectual functioning.
228 f. If the child has been identified as having a disability.
229 g. If the child has previously received mental health
230 services or treatment.
231 8. The court record and criminal history of the child,
232 including:
233 a. Previous contacts with the department, the Department of
234 Corrections, law enforcement agencies, the courts, the former
235 Department of Health and Rehabilitative Services, and the
236 Department of Children and Families, and the adequacy and
237 appropriateness of the services provided to address the child’s
238 needs.
239 b. Previous periods of probation.
240 c. Previous adjudications that the child committed a
241 delinquent act or violation of law, with greater weight given if
242 the child has previously been found by a court to have committed
243 a delinquent act or violation of law involving an offense
244 classified as a felony or if the child has been found twice
245 previously to have committed a delinquent act or violation of
246 law involving an offense classified as a misdemeanor.
247 d. Previous commitments to institutions, and the adequacy
248 and appropriateness of the services provided by those
249 institutions to address the child’s needs.
250 9. The prospects for adequate protection of the public and
251 the likelihood of reasonable habilitation or rehabilitation of
252 the child, if the child is found to have committed the alleged
253 offense, by the use of procedures, services, and facilities
254 currently available to the court.
255 (d) Before a hearing on the transfer request motion by the
256 state attorney, an authorized agent of the department must
257 submit to the court a written study and report that are relevant
258 to the factors identified in paragraph (c). At the hearing, the
259 child, the child’s parent or guardian or legal custodian, the
260 child’s counsel, and the state attorney have the right to
261 examine and to question the parties responsible for the study
262 and report. There is a rebuttable presumption that the case will
263 remain in juvenile court unless the state proves by clear and
264 convincing evidence that a transfer to adult court is necessary.
265 (e) The court shall also consider any other reports that
266 may assist it, including, but not limited to, a predisposition
267 report, psychosocial assessment, individualized education plan,
268 developmental assessment, school record, abuse or neglect
269 report, home study, protective investigation, and psychological
270 or psychiatric evaluation. At the hearing, the child, the
271 child’s parent or guardian or legal custodian, the child’s
272 counsel, and the state attorney have the right to examine and to
273 question the parties responsible for these records.
274 (f) Any order to transfer a child for criminal prosecution
275 must be in writing and must consider, and find facts with
276 respect to, the factors identified in paragraph (c). The order
277 must also include a specific finding of fact concerning the
278 reasons that led the court to transfer the case for adult
279 prosecution. The order is reviewable on appeal pursuant to s.
280 985.534 and the Florida Rules of Appellate Procedure.
281 (3) WAIVER LIMITATION.—Notwithstanding any provision to the
282 contrary, a child who may be subject to a waiver of juvenile
283 court jurisdiction under subsection (1) and who has a competency
284 hearing pending in juvenile court, or has been previously found
285 to be incompetent and has not been restored to competency by a
286 court, may not be transferred to adult court for criminal
287 prosecution.
288 (4) EFFECT OF ORDER WAIVING JURISDICTION.—When a child’s
289 case is transferred for criminal prosecution as an adult, the
290 court may transfer and certify to the adult circuit court all
291 related felony cases pertaining to the child which have not yet
292 resulted in a plea of guilty or nolo contendere or in which a
293 finding of guilt has not been made. If the child is acquitted of
294 all charged offenses or lesser included offenses contained in
295 the original case transferred to adult court, any felony case
296 that was transferred to adult court under this subsection
297 carries the same penalties that it carried before being
298 transferred to adult court.
299 (5) DATA COLLECTION RELATING TO JUDICIAL WAIVER.—
300 (a) The department shall collect data regarding children
301 who meet the requirements for a waiver of juvenile court
302 jurisdiction under subsection (1), including, but not limited
303 to, the following:
304 1. Age.
305 2. Race and ethnicity.
306 3. Gender.
307 4. Circuit and county of residence.
308 5. Circuit and county of offense.
309 6. Previous adjudicated offenses.
310 7. Previous periods of probation.
311 8. Previous contacts with law enforcement agencies or the
312 courts.
313 9. Initial charges.
314 10. Charges at disposition.
315 11. Whether adult codefendants were involved.
316 12. Whether child codefendants were involved who were
317 transferred to adult court.
318 13. Whether the child was represented by counsel.
319 14. Whether the child waived counsel.
320 15. Risk assessment and Positive Achievement Change Tool
321 score.
322 16. The child’s medical, mental health, substance abuse, or
323 trauma history.
324 17. The child’s history of physical or mental impairment or
325 disability-related accommodations.
326 18. The child’s history of abuse or neglect.
327 19. The child’s history of foster care placements,
328 including the number of previous placements.
329 20. Whether the child has experienced a failed adoption.
330 21. Whether the child has fetal alcohol syndrome or was
331 exposed to controlled substances at birth.
332 22. Whether the child has below-average intellectual
333 functioning or is eligible for exceptional student education
334 services.
335 23. Whether the child has received mental health services
336 or treatment.
337 24. Whether the child has been the subject of a children
338 in-need-of-services or families-in-need-of-services case in the
339 program administered under chapter 984 or has been the subject
340 of a dependency petition.
341 25. Plea offers made by the state and the outcome of any
342 plea offers.
343 26. Whether the child was transferred for criminal
344 prosecution as an adult.
345 27. The case resolution in juvenile court.
346 28. The case resolution in adult court.
347 (b) When a child is transferred for criminal prosecution as
348 an adult, the department shall also collect disposition data,
349 including, but not limited to, whether the child received adult
350 sanctions, juvenile sanctions, diversion, and, if the child is
351 sentenced to prison, the length of the prison sentence or
352 enhanced sentence.
353 (c) The department shall annually provide a report
354 analyzing these aggregated data to the President of the Senate
355 and the Speaker of the House of Representatives.
356 Section 3. Section 985.557, Florida Statutes, is repealed.
357 Section 4. Section 985.56, Florida Statutes, is amended to
358 read:
359 985.56 Indictment of a juvenile.—
360 (1) A child who is 16 years of age or older of any age who
361 is charged with a violation of state law punishable by death or
362 by life imprisonment is subject to the jurisdiction of the court
363 as set forth in s. 985.0301(2) unless and until an indictment on
364 the charge is returned by the grand jury. When the such
365 indictment is returned, the petition for delinquency, if any,
366 must be dismissed and the child must be tried and handled in
367 every respect as an adult:
368 (a) On the offense punishable by death or by life
369 imprisonment; and
370 (b) On all other felonies or misdemeanors charged in the
371 indictment which are based on the same act or transaction as the
372 offense punishable by death or by life imprisonment or on one or
373 more acts or transactions connected with the offense punishable
374 by death or by life imprisonment.
375 (2) An adjudicatory hearing may not be held until 21 days
376 after the child is taken into custody and charged with having
377 committed an offense punishable by death or by life
378 imprisonment, unless the state attorney advises the court in
379 writing that he or she does not intend to present the case to
380 the grand jury, or has presented the case to the grand jury and
381 the grand jury has not returned an indictment. If the court
382 receives such a notice from the state attorney, or if the grand
383 jury fails to act within the 21-day period, the court may
384 proceed as otherwise authorized under this part.
385 (3) If the child is found to have committed the offense
386 punishable by death or by life imprisonment, the child shall be
387 sentenced as an adult. If the juvenile is not found to have
388 committed the indictable offense but is found to have committed
389 a lesser included offense or any other offense for which he or
390 she was indicted as a part of the criminal episode, the court
391 may sentence under s. 985.565.
392 (4)(a) Once a child has been indicted pursuant to this
393 section and has been found to have committed any offense for
394 which he or she was indicted as a part of the criminal episode,
395 the child shall be handled thereafter in every respect as if an
396 adult for any subsequent violation of state law, unless the
397 court imposes juvenile sanctions under s. 985.565.
398 (3)(b) When a child has been indicted pursuant to this
399 section, the court may shall immediately transfer and certify to
400 the adult circuit court all related felony cases pertaining to
401 the child, for prosecution of the child as an adult, which have
402 not yet resulted in a plea of guilty or nolo contendere or in
403 which a finding of guilt has not been made. If the child is
404 acquitted of all charged offenses or lesser included offenses
405 contained in the indictment case, any all felony cases that were
406 transferred to adult court pursuant to this subsection carry
407 paragraph shall be subject to the same penalties the such cases
408 carried were subject to before being transferred to adult court.
409 Section 5. Section 985.565, Florida Statutes, is amended to
410 read:
411 985.565 Sentencing powers; procedures; alternatives for
412 juveniles prosecuted as adults.—
413 (1) POWERS OF DISPOSITION.—
414 (a) A child who is found to have committed a violation of
415 law may, as an alternative to adult dispositions, be committed
416 to the department for treatment in an appropriate program for
417 children outside the adult correctional system or be placed on
418 juvenile probation.
419 (b) In determining whether to impose juvenile or sanctions
420 instead of adult sanctions, the court shall consider the
421 following criteria:
422 1. The seriousness of the offense to the community and
423 whether the community would best be protected by juvenile or
424 adult sanctions.
425 2. The extent of the child’s participation in the offense
426 Whether the offense was committed in an aggressive, violent,
427 premeditated, or willful manner.
428 3. The effect, if any, of familial or peer pressure on the
429 child’s actions Whether the offense was against persons or
430 against property, with greater weight being given to offenses
431 against persons, especially if personal injury resulted.
432 4. The sophistication and maturity of the child, including:
433 offender.
434 a. The child’s age, maturity, intellectual capacity, and
435 mental and emotional health at the time of the offense.
436 b. The child’s background, including his or her family,
437 home, and community environment.
438 c. The effect, if any, of immaturity, impetuosity, or
439 failure to appreciate the risks and consequences on the child’s
440 participation in the offense.
441 d. The effect, if any, of characteristics attributable to
442 the child’s age on the child’s judgment.
443 5. The record and previous history of the child offender,
444 including:
445 a. Previous contacts with the Department of Corrections,
446 the Department of Juvenile Justice, the former Department of
447 Health and Rehabilitative Services, and the Department of
448 Children and Families, and the adequacy and appropriateness of
449 the services provided to address the child’s needs law
450 enforcement agencies, and the courts.
451 b. Prior periods of probation.
452 c. Prior adjudications that the offender committed a
453 delinquent act or violation of law as a child.
454 d. Prior commitments to the Department of Juvenile Justice,
455 law enforcement agencies, the courts, the former Department of
456 Health and Rehabilitative Services, the Department of Children
457 and Families, or other facilities or institutions and the
458 adequacy and appropriateness of the services provided to address
459 the child’s needs.
460 e. Any history of abuse, abandonment, or neglect suffered
461 by the child; foster care placements; failed adoption; fetal
462 alcohol syndrome; exposure to controlled substances at birth;
463 and below-average intellectual functioning.
464 f. If the child has been identified as having a disability
465 or having previously received mental health services or
466 treatment.
467 6. The prospects for adequate protection of the public and
468 the likelihood of deterrence and reasonable rehabilitation of
469 the offender if assigned to services and facilities of the
470 Department of Juvenile Justice.
471 7. Whether the Department of Juvenile Justice has
472 appropriate programs, facilities, and services immediately
473 available.
474 7.8. Whether adult sanctions would provide more appropriate
475 punishment and deterrence to further violations of law than the
476 imposition of juvenile sanctions.
477 8. Whether the Department of Corrections has appropriate
478 programs, facilities, and services immediately available.
479 (c) The adult court shall render an order including
480 specific findings of fact and the reasons for its decision. The
481 order shall be reviewed on appeal under s. 985.534 and the
482 Florida Rules of Appellate Procedure.
483 (2) PRESENTENCE INVESTIGATION REPORT.—
484 (a) Upon a plea of guilty, the court may refer the case to
485 the department for investigation and recommendation as to the
486 suitability of its programs for the child.
487 (b) Upon completion of the presentence investigation
488 report, it must be made available to the child’s counsel and the
489 state attorney by the department prior to the sentencing
490 hearing.
491 (3) SENTENCING HEARING.—
492 (a) At the sentencing hearing the court shall receive and
493 consider a presentence investigation report by the Department of
494 Corrections regarding the suitability of the offender for
495 disposition as an adult or as a juvenile. The presentence
496 investigation report must include a comments section prepared by
497 the Department of Juvenile Justice, with its recommendations as
498 to disposition. This report requirement may be waived by the
499 offender.
500 (b) After considering the presentence investigation report,
501 the court shall give all parties present at the hearing an
502 opportunity to comment on the issue of sentence and any proposed
503 rehabilitative plan. Parties to the case include the parent,
504 guardian, or legal custodian of the offender; the offender’s
505 counsel; the state attorney; representatives of the Department
506 of Corrections and the Department of Juvenile Justice; the
507 victim or victim’s representative; representatives of the school
508 system; and the law enforcement officers involved in the case.
509 (c) The court may receive and consider any other relevant
510 and material evidence, including other reports, written or oral,
511 in its effort to determine the action to be taken with regard to
512 the child, and may rely upon such evidence to the extent of its
513 probative value even if the evidence would not be competent in
514 an adjudicatory hearing. The court may receive, and shall
515 consider if it receives, a prior predisposition report,
516 psychosocial assessment, individual education plan,
517 developmental assessment, school record, abuse or neglect
518 report, home study, protective investigation, and psychological
519 or psychiatric evaluation. The child; the child’s parent,
520 guardian, or legal custodian; the child’s counsel; and the state
521 attorney have the right to examine these records and to question
522 the parties responsible for them at the hearing.
523 (d) The court shall notify any victim of the offense of the
524 hearing and shall notify, or subpoena if appropriate, the
525 parents, guardians, or legal custodians of the child to attend
526 the disposition hearing.
527 (4) SENTENCING ALTERNATIVES.—
528 (a) Sanctions.—If a child has been transferred for criminal
529 prosecution as an adult and is found to have committed a
530 violation of state law, the court may sentence the child as
531 follows:
532 1. As an adult, except that mandatory minimum sentences do
533 not apply;
534 2. As a youthful offender under chapter 958; or
535 3. As a juvenile under this section. Adult sanctions.—
536 1. Cases prosecuted on indictment.—If the child is found to
537 have committed the offense punishable by death or life
538 imprisonment, the child shall be sentenced as an adult. If the
539 juvenile is not found to have committed the indictable offense
540 but is found to have committed a lesser included offense or any
541 other offense for which he or she was indicted as a part of the
542 criminal episode, the court may sentence as follows:
543 a. As an adult;
544 b. Under chapter 958; or
545 c. As a juvenile under this section.
546 2. Other cases.—If a child who has been transferred for
547 criminal prosecution pursuant to information or waiver of
548 juvenile court jurisdiction is found to have committed a
549 violation of state law or a lesser included offense for which he
550 or she was charged as a part of the criminal episode, the court
551 may sentence as follows:
552 a. As an adult;
553 b. Under chapter 958; or
554 c. As a juvenile under this section.
555 3. Notwithstanding any other provision to the contrary, if
556 the state attorney is required to file a motion to transfer and
557 certify the juvenile for prosecution as an adult under s.
558 985.556(3) and that motion is granted, or if the state attorney
559 is required to file an information under s. 985.557(2)(a) or
560 (b), the court must impose adult sanctions.
561 4. Any sentence imposing adult sanctions is presumed
562 appropriate, and the court is not required to set forth specific
563 findings or enumerate the criteria in this subsection as any
564 basis for its decision to impose adult sanctions.
565 5. When a child has been transferred for criminal
566 prosecution as an adult and has been found to have committed a
567 violation of state law, the disposition of the case may include
568 the enforcement of any restitution ordered in any juvenile
569 proceeding.
570 (b) Court findings.—The court must set forth specific
571 findings or discuss the criteria in this section as the basis
572 for its decision to impose adult, youthful offender, or juvenile
573 sanctions. Juvenile sanctions.—For juveniles transferred to
574 adult court but who do not qualify for such transfer under s.
575 985.556(3) or s. 985.557(2)(a) or (b), the court may impose
576 juvenile sanctions under this paragraph. If juvenile sentences
577 are imposed, the court shall, under this paragraph, adjudge the
578 child to have committed a delinquent act. Adjudication of
579 delinquency shall not be deemed a conviction, nor shall it
580 operate to impose any of the civil disabilities ordinarily
581 resulting from a conviction. The court shall impose an adult
582 sanction or a juvenile sanction and may not sentence the child
583 to a combination of adult and juvenile punishments. An adult
584 sanction or a juvenile sanction may include enforcement of an
585 order of restitution or probation previously ordered in any
586 juvenile proceeding. However, if the court imposes a juvenile
587 sanction and the department determines that the sanction is
588 unsuitable for the child, the department shall return custody of
589 the child to the sentencing court for further proceedings,
590 including the imposition of adult sanctions. Upon adjudicating a
591 child delinquent under subsection (1), the court may:
592 1. Place the child in a probation program under the
593 supervision of the department for an indeterminate period of
594 time until the child reaches the age of 19 years or sooner if
595 discharged by order of the court.
596 2. Commit the child to the department for treatment in an
597 appropriate program for children for an indeterminate period of
598 time until the child is 21 or sooner if discharged by the
599 department. The department shall notify the court of its intent
600 to discharge no later than 14 days prior to discharge. Failure
601 of the court to timely respond to the department’s notice shall
602 be considered approval for discharge.
603 3. Order disposition under ss. 985.435, 985.437, 985.439,
604 985.441, 985.45, and 985.455 as an alternative to youthful
605 offender or adult sentencing if the court determines not to
606 impose youthful offender or adult sanctions.
607 (c) Restitution.—When a child has been transferred for
608 criminal prosecution as an adult and has been found to have
609 committed a violation of state law, the disposition of the case
610 may include the enforcement of any restitution ordered in any
611 juvenile proceeding Adult sanctions upon failure of juvenile
612 sanctions.—If a child proves not to be suitable to a commitment
613 program, juvenile probation program, or treatment program under
614 paragraph (b), the department shall provide the sentencing court
615 with a written report outlining the basis for its objections to
616 the juvenile sanction and shall simultaneously provide a copy of
617 the report to the state attorney and the defense counsel. The
618 department shall schedule a hearing within 30 days. Upon
619 hearing, the court may revoke the previous adjudication, impose
620 an adjudication of guilt, and impose any sentence which it may
621 lawfully impose, giving credit for all time spent by the child
622 in the department. The court may also classify the child as a
623 youthful offender under s. 958.04, if appropriate. For purposes
624 of this paragraph, a child may be found not suitable to a
625 commitment program, community control program, or treatment
626 program under paragraph (b) if the child commits a new violation
627 of law while under juvenile sanctions, if the child commits any
628 other violation of the conditions of juvenile sanctions, or if
629 the child’s actions are otherwise determined by the court to
630 demonstrate a failure of juvenile sanctions.
631 (d) Juvenile sanctions.—If a juvenile sentence is imposed,
632 the court shall adjudge the child to have committed a delinquent
633 act. Adjudication of delinquency is not a conviction and does
634 not impose any civil disability that ordinarily results from a
635 conviction. A juvenile sanction may include enforcement of an
636 order of restitution or probation previously ordered in any
637 juvenile proceeding. Upon adjudicating a child delinquent, the
638 court may do any of the following:
639 1. Place the child in a probation program under the
640 supervision of the department for an indeterminate period until
641 the child is 19 years of age, or sooner if discharged by order
642 of the court.
643 2. Commit the child to the department for treatment in an
644 appropriate program for children for an indeterminate period
645 until the child is 21 years of age, or sooner if discharged by
646 the department. The department shall notify the court of its
647 intent to discharge no later than 14 days before the discharge.
648 Failure of the court to timely respond to the department’s
649 notice is deemed approval for discharge.
650 3. Order disposition under ss. 985.435, 985.437, 985.439,
651 985.441, 985.45, and 985.455 as an alternative to youthful
652 offender or adult sentencing if the court does not impose
653 youthful offender or adult sanctions.
654 (e)(d) Further proceedings heard in adult court.—When a
655 child is sentenced to juvenile sanctions, further proceedings
656 involving those sanctions shall continue to be heard in the
657 adult court.
658 (f)(e) School attendance.—If the child is attending or is
659 eligible to attend public school and the court finds that the
660 victim or a sibling of the victim in the case is attending or
661 may attend the same school as the child, the court placement
662 order shall include a finding pursuant to the proceeding
663 described in s. 985.455(2), regardless of whether adjudication
664 is withheld.
665 (g) Legislative intent.—It is the intent of the Legislature
666 that the criteria and guidelines in this subsection are
667 mandatory and that a determination of disposition under this
668 subsection is subject to the right of the child to appellate
669 review under s. 985.534.
670 Section 6. Subsection (1) of section 985.57, Florida
671 Statutes, is amended to read:
672 985.57 Transfer of children from the Department of
673 Corrections to the Department of Juvenile Justice.—
674 (1) When any child under the age of 18 years is sentenced
675 by any court of competent jurisdiction to the Department of
676 Corrections, the Secretary of Juvenile Justice shall may
677 transfer the such child to the department to serve the for the
678 remainder of the sentence, or until his or her 21st birthday,
679 whichever results in the shorter term. If, upon such person’s
680 attaining his or her 21st birthday, the sentence has not
681 terminated, he or she shall be transferred to the Department of
682 Corrections for placement in a youthful offender program,
683 transferred to the supervision of the department, or be given
684 any other transfer that may lawfully be made.
685 Section 7. Subsection (54) of section 985.03, Florida
686 Statutes, is amended to read:
687 985.03 Definitions.—As used in this chapter, the term:
688 (54) “Waiver hearing” means a hearing provided for under s.
689 985.556(4).
690 Section 8. Subsection (2) of section 985.04, Florida
691 Statutes, is amended to read:
692 985.04 Oaths; records; confidential information.—
693 (2) Notwithstanding any other provisions of this chapter,
694 the name, photograph, address, and crime or arrest report of a
695 child:
696 (a) Taken into custody if the child has been taken into
697 custody by a law enforcement officer for a violation of law
698 which, if committed by an adult, would be a felony;
699 (b) Found by a court to have committed three or more
700 violations of law which, if committed by an adult, would be
701 misdemeanors; or
702 (c) Transferred to the adult system under s. 985.557,
703 Indicted under s. 985.56, or waived under s. 985.556;
704 (d) Taken into custody by a law enforcement officer for a
705 violation of law subject to s. 985.557(2)(b) or (d); or
706 (e) Transferred to the adult system but sentenced to the
707 juvenile system under s. 985.565
708
709 may shall not be considered confidential and exempt from s.
710 119.07(1) solely because of the child’s age.
711 Section 9. Subsection (1) of section 985.15, Florida
712 Statutes, is amended to read:
713 985.15 Filing decisions.—
714 (1) The state attorney may in all cases take action
715 independent of the action or lack of action of the juvenile
716 probation officer and shall determine the action that is in the
717 best interest of the public and the child. If the child meets
718 the criteria authorizing requiring prosecution as an adult under
719 s. 985.556, the state attorney may shall request the court to
720 transfer and certify the child for prosecution as an adult or
721 shall provide written reasons to the court for not making such a
722 request. In all other cases, the state attorney may:
723 (a) File a petition for dependency;
724 (b) File a petition under chapter 984;
725 (c) File a petition for delinquency;
726 (d) File a petition for delinquency with a motion to
727 transfer and certify the child for prosecution as an adult;
728 (e) File an information under s. 985.557;
729 (e)(f) Refer the case to a grand jury;
730 (f)(g) Refer the child to a diversionary, pretrial
731 intervention, arbitration, or mediation program, or to some
732 other treatment or care program if such program commitment is
733 voluntarily accepted by the child or the child’s parents or
734 legal guardian; or
735 (g)(h) Decline to file.
736 Section 10. This act shall take effect July 1, 2015.