Florida Senate - 2017 SB 192
By Senator Powell
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.
49 Be It Enacted by the Legislature of the State of Florida:
51 Section 1. Section 985.557, Florida Statutes, is amended to
53 (Substantial rewording of section. See
54 s. 985.557, F.S., for present text.)
55 985.557 Direct 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
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
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.
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
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
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
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,
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
264 f. History of abuse, abandonment or neglect, or foster care
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
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
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.
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
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.
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
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;
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.