Florida Senate - 2016                                     SB 314
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00398-16                                            2016314__
    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.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 985.557, Florida Statutes, is amended to
   61  read:
   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
   72  commit:
   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
  118  transfer.
  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
  128  prosecution.
  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
  151  courts.
  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
  171  services.
  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
  192  read:
  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,
  285  including:
  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
  301  courts.
  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
  305  functioning.
  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
  314  available.
  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
  370  sanctions.
  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.
  441  
  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
  467  child:
  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
  473  misdemeanors;
  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
  480  
  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
  515  jails.—
  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.
  528  
  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
  542  adult.
  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;
  566  
  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.