Florida Senate - 2017                              CS for SB 192
       
       
        
       By the Committee on Criminal Justice; and Senators Powell and
       Rouson
       
       591-01710A-17                                          2017192c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         944.292, F.S.; creating an exception to the suspension
    4         of civil rights upon the conviction of a felony for
    5         children convicted as adults; amending s. 985.556,
    6         F.S.; deleting provisions requiring that a state
    7         attorney request the court to transfer and certify a
    8         child for prosecution as an adult under certain
    9         circumstances; revising the factors that a court must
   10         consider when determining whether a child should be
   11         transferred to adult court; amending s. 985.557, F.S.;
   12         revising the list of crimes for which children of
   13         specified ages who are charged with committing,
   14         attempting to commit, or conspiring to commit may have
   15         an information filed against them by a state attorney;
   16         requiring a state attorney to document in writing the
   17         reasons for prosecuting or not prosecuting a child as
   18         an adult; requiring the state attorney to file the
   19         document with the court and include specified
   20         information for his or her written decision; deleting
   21         provisions requiring that a child be prosecuted as an
   22         adult if the child committed or attempted to commit
   23         specified crimes; deleting provisions relating to
   24         sentencing of a child who commits or attempts to
   25         commit such crimes; authorizing a child who is
   26         transferred to adult court to request, in writing, a
   27         hearing before the court to determine whether the
   28         child remains in adult court; requiring the court to
   29         make specified considerations in determining whether
   30         the public safety would be served by retaining
   31         jurisdiction; authorizing the court to transfer a
   32         child back to a juvenile court; prohibiting the
   33         transfer of an eligible child to adult court if the
   34         child has previously been found incompetent but has
   35         not had competency restored until child’s competency
   36         is restored; requiring the Department of Juvenile
   37         Justice, beginning on a certain date, to collect
   38         specified information relating to children who qualify
   39         for prosecution as adults and for children who are
   40         transferred for criminal prosecution as adults;
   41         requiring the department to work with the Office of
   42         Program Policy Analysis and Government Accountability
   43         to generate a report analyzing the data of juveniles
   44         transferred for prosecution as adults during a certain
   45         period; requiring the department to provide the report
   46         to the Governor and the Legislature by a certain date;
   47         requiring the department to work with the Office of
   48         Program Policy Analysis and Government Accountability
   49         to generate an annual report to include certain
   50         information and provide it to the Governor and the
   51         Legislature by a specified date; providing a child 14
   52         years of age but who has not yet reached the age of 18
   53         and is convicted and sentenced to the Department of
   54         Corrections must be kept completely separated from
   55         adult offenders in the facility; amending s. 985.56,
   56         F.S.; limiting the age to children 14 years of age or
   57         older, rather than children of any age, who are
   58         subject to the jurisdiction of a court if charged with
   59         a violation of law punishable by death or life
   60         imprisonment; prohibiting the transfer of a child to
   61         adult court for prosecution if the child has a pending
   62         competency hearing in juvenile court or has previously
   63         been found incompetent and has not had his or her
   64         competence restored by a court until the child’s
   65         competency is restored; providing the tolling of time
   66         limits for specified purposes; making technical
   67         changes; amending s. 985.565, F.S.; revising the
   68         criteria to be used in determining whether to impose
   69         juvenile or adult sanctions; deleting provisions
   70         requiring the sentencing of children who commit
   71         offenses punishable by death or life imprisonment or
   72         who are found to have committed lesser included
   73         offenses; conforming provisions to changes made by the
   74         act; amending s. 985.03, F.S.; conforming a cross
   75         reference; amending s. 985.15, F.S.; conforming
   76         provisions to changes made by the act; reenacting s.
   77         985.514(3), F.S., relating to responsibility for cost
   78         of care and fees, to incorporate the amendment made to
   79         s. 985.565, F.S., in a reference thereto; providing an
   80         effective date.
   81          
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. Subsection (1) of section 944.292, Florida
   85  Statutes, is amended to read:
   86         944.292 Suspension of civil rights.—
   87         (1) Upon conviction of a felony as defined in s. 10, Art. X
   88  of the State Constitution, the civil rights of the person
   89  convicted, except for children convicted as adults pursuant to
   90  s. 985.557, shall be suspended in Florida until such rights are
   91  restored by a full pardon, conditional pardon, or restoration of
   92  civil rights granted pursuant to s. 8, Art. IV of the State
   93  Constitution.
   94         Section 2. Subsections (2) through (5) of section 985.556,
   95  Florida Statutes, are amended, and subsection (1) of that
   96  section is republished, to read:
   97         985.556 Waiver of juvenile court jurisdiction; hearing.—
   98         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
   99  a child’s criminal case for trial as an adult if the child is
  100  alleged to have committed a violation of law and, prior to the
  101  commencement of an adjudicatory hearing, the child, joined by a
  102  parent or, in the absence of a parent, by the guardian or
  103  guardian ad litem, demands in writing to be tried as an adult.
  104  Once a child has been transferred for criminal prosecution
  105  pursuant to a voluntary waiver hearing and has been found to
  106  have committed the presenting offense or a lesser included
  107  offense, the child shall be handled thereafter in every respect
  108  as an adult for any subsequent violation of state law, unless
  109  the court imposes juvenile sanctions under s. 985.565(4)(b).
  110         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
  111  subsection (3), The state attorney may file a motion requesting
  112  the court to transfer the child for criminal prosecution if the
  113  child was 14 years of age or older at the time the alleged
  114  delinquent act or violation of law was committed.
  115         (3) INVOLUNTARY MANDATORY WAIVER.—
  116         (a) If the child was 14 years of age or older, and if the
  117  child has been previously adjudicated delinquent for an act
  118  classified as a felony, which adjudication was for the
  119  commission of, attempt to commit, or conspiracy to commit
  120  murder, sexual battery, armed or strong-armed robbery,
  121  carjacking, home-invasion robbery, aggravated battery,
  122  aggravated assault, or burglary with an assault or battery, and
  123  the child is currently charged with a second or subsequent
  124  violent crime against a person; or
  125         (b) If the child was 14 years of age or older at the time
  126  of commission of a fourth or subsequent alleged felony offense
  127  and the child was previously adjudicated delinquent or had
  128  adjudication withheld for or was found to have committed, or to
  129  have attempted or conspired to commit, three offenses that are
  130  felony offenses if committed by an adult, and one or more of
  131  such felony offenses involved the use or possession of a firearm
  132  or violence against a person;
  133  
  134  the state attorney shall request the court to transfer and
  135  certify the child for prosecution as an adult or shall provide
  136  written reasons to the court for not making such request, or
  137  proceed under s. 985.557(1). Upon the state attorney’s request,
  138  the court shall either enter an order transferring the case and
  139  certifying the case for trial as if the child were an adult or
  140  provide written reasons for not issuing such an order.
  141         (3)(4) WAIVER HEARING BEFORE A JUDGE.—
  142         (a) Within 7 days, excluding Saturdays, Sundays, and legal
  143  holidays, after the date a petition alleging that a child has
  144  committed a delinquent act or violation of law has been filed,
  145  or later with the approval of the court, but before an
  146  adjudicatory hearing and after considering the recommendation of
  147  the juvenile probation officer, the state attorney may file a
  148  motion requesting the court to transfer the child for criminal
  149  prosecution.
  150         (b) After the filing of the motion of the state attorney,
  151  summonses must be issued and served in conformity with s.
  152  985.319. A copy of the motion and a copy of the delinquency
  153  petition, if not already served, must be attached to each
  154  summons.
  155         (c) The court shall conduct a hearing on all transfer
  156  request motions for the purpose of determining whether a child
  157  should be transferred. In making its determination, the court
  158  shall consider:
  159         1. The seriousness of the alleged offense to the community
  160  and whether the protection of the community is best served by
  161  transferring the child for adult sanctions.
  162         2. Whether the alleged offense was committed in an
  163  aggressive, violent, premeditated, or willful manner.
  164         3. Whether the alleged offense was against persons or
  165  against property, greater weight being given to offenses against
  166  persons, especially if personal injury resulted.
  167         4. The probable cause as found in the report, affidavit, or
  168  complaint.
  169         5. The desirability of trial and disposition of the entire
  170  offense in one court when the child’s associates in the alleged
  171  crime are adults or children who are to be tried as adults.
  172         5.6. The sophistication, and maturity, and mental
  173  development of the child.
  174         6.7. The record and previous history of the child,
  175  including:
  176         a. Previous contacts with the department, the Department of
  177  Corrections, the former Department of Health and Rehabilitative
  178  Services, the Department of Children and Families, other law
  179  enforcement agencies, and courts;
  180         b. Prior periods of probation;
  181         c. Prior adjudications that the child committed a
  182  delinquent act or violation of law, greater weight being given
  183  if the child has previously been found by a court to have
  184  committed a delinquent act or violation of law involving an
  185  offense classified as a felony or has twice previously been
  186  found to have committed a delinquent act or violation of law
  187  involving an offense classified as a misdemeanor; and
  188         d. Prior commitments to institutions.
  189         7.8. The prospects for adequate protection of the public
  190  and the likelihood of reasonable rehabilitation of the child, if
  191  the child is found to have committed the alleged offense, by the
  192  use of procedures, services, and facilities currently available
  193  to the court.
  194         (d) Prior to a hearing on the transfer request motion by
  195  the state attorney, a study and report to the court relevant to
  196  the factors in paragraph (c) must be made in writing by an
  197  authorized agent of the department. The child and the child’s
  198  parents or legal guardians and counsel and the state attorney
  199  shall have the right to examine these reports and to question
  200  the parties responsible for them at the hearing.
  201         (e) Any decision to transfer a child for criminal
  202  prosecution must be in writing and include consideration of, and
  203  findings of fact with respect to, all criteria in paragraph (c).
  204  The court shall render an order including a specific finding of
  205  fact and the reasons for a decision to impose adult sanctions.
  206  The order shall be reviewable on appeal under s. 985.534 and the
  207  Florida Rules of Appellate Procedure.
  208         (4)(5) EFFECT OF ORDER WAIVING JURISDICTION.—
  209         (a) Once a child has been transferred for criminal
  210  prosecution pursuant to an involuntary waiver hearing and has
  211  been found to have committed the presenting offense or a lesser
  212  included offense, the child shall thereafter be handled in every
  213  respect as an adult for any subsequent violation of state law,
  214  unless the court imposes juvenile sanctions under s. 985.565.
  215         (b) When a child is transferred for criminal prosecution as
  216  an adult, the court shall immediately transfer and certify to
  217  the adult circuit court all felony cases pertaining to the
  218  child, for prosecution of the child as an adult, which have not
  219  yet resulted in a plea of guilty or nolo contendere or in which
  220  a finding of guilt has not been made. If the child is acquitted
  221  of all charged offenses or lesser included offenses contained in
  222  the original case transferred to adult court, all felony cases
  223  that were transferred to adult court under this paragraph shall
  224  be subject to the same penalties such cases were subject to
  225  before being transferred to adult court.
  226         Section 3. Section 985.557, Florida Statutes, is amended to
  227  read:
  228         985.557 Prosecuting children as adults Direct filing of an
  229  information; discretionary and mandatory criteria.—
  230         (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
  231  FILE.—
  232         (a) With respect to any child who was 14 or 15 years of age
  233  at the time the alleged offense was committed, the state
  234  attorney may file an information when in the state attorney’s
  235  judgment and discretion the public interest requires that adult
  236  sanctions be considered or imposed and when the offense charged
  237  is for the commission of, attempt to commit, or conspiracy to
  238  commit:
  239         1. Arson;
  240         2. Sexual battery;
  241         3. Robbery while carrying a firearm in violation of s.
  242  812.13(3)(a);
  243         4. Kidnapping;
  244         5. Aggravated child abuse;
  245         6. Aggravated assault;
  246         7. Aggravated stalking;
  247         8. Murder;
  248         9. Manslaughter;
  249         10. Unlawful throwing, placing, or discharging of a
  250  destructive device or bomb;
  251         11. Armed burglary in violation of s. 810.02(2)(b) only if
  252  there is another person in the dwelling, structure, or
  253  conveyance at the time the offender enters or remains or
  254  specified burglary of a dwelling or structure in violation of s.
  255  810.02(2)(c), or burglary with an assault or battery in
  256  violation of s. 810.02(2)(a);
  257         12. Aggravated battery resulting in great bodily harm,
  258  permanent disability, or permanent disfigurement to a person;
  259         13. Any lewd or lascivious offense committed upon or in the
  260  presence of a person less than 16 years of age;
  261         14. Carrying, displaying, using, threatening, or attempting
  262  to use a weapon or firearm during the commission of a felony;
  263         15. Grand theft in violation of s. 812.014(2)(a);
  264         15.16. Possessing or discharging any weapon or firearm on
  265  school property in violation of s. 790.115;
  266         16.17. Home invasion robbery; or
  267         17.18. Carjacking.; or
  268         19. Grand theft of a motor vehicle in violation of s.
  269  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  270  $20,000 or more in violation of s. 812.014(2)(b) if the child
  271  has a previous adjudication for grand theft of a motor vehicle
  272  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  273         (b) With respect to any child who was 16 or 17 years of age
  274  at the time the alleged offense was committed, the state
  275  attorney may file an information when in the state attorney’s
  276  judgment and discretion the public interest requires that adult
  277  sanctions be considered or imposed, except when the offense
  278  charged is for the commission of, attempt to commit, or
  279  conspiracy to commit grand theft, burglary in violation of s.
  280  810.02 (3)(b) or (4), or possession of a controlled substance.
  281  However, the state attorney may not file an information on a
  282  child charged with a misdemeanor, unless the child has had at
  283  least two previous adjudications or adjudications withheld for
  284  delinquent acts, one of which involved an offense classified as
  285  a felony under state law.
  286         (c)1. A decision under this subsection to prosecute a child
  287  as an adult, or a decision not to prosecute a child eligible for
  288  prosecution as an adult, shall be documented in writing by the
  289  state attorney in charge of the case. The state attorney shall
  290  file the document with the court at the disposition of the case
  291  and include all of the following information in the written
  292  decision:
  293         a. Whether adult codefendants were involved in the case.
  294         b. The length of time the child spent in a detention
  295  facility or jail awaiting disposition.
  296         c. Whether any discovery was conducted on the case at the
  297  time of the child’s transfer to adult court.
  298         d. Whether the child waived the right to a trial.
  299         e. If the decision to transfer or not to transfer to adult
  300  court resulted in a plea agreement, the details of the plea
  301  agreement, including previous plea offers made by the state but
  302  not accepted by the child, and any conditions placed on the plea
  303  offer.
  304         f. Whether the judge sentenced the child to a disposition
  305  other than what the prosecutor was offering in exchange for the
  306  child not being prosecuted as an adult.
  307         g. Whether the child had to waive statutory limits on
  308  secure detention in order to avoid being prosecuted as an adult,
  309  and, if available, the amount of time the child who waived
  310  secure detention limits actually spent in secure detention.
  311         2. On or before the 15th of each month, the state attorney
  312  in each judicial circuit shall collect the information specified
  313  in subparagraph 1. for all cases disposed of the previous month
  314  and submit that documentation to the department for data
  315  collection.
  316         (2) MANDATORY DIRECT FILE.—
  317         (a) With respect to any child who was 16 or 17 years of age
  318  at the time the alleged offense was committed, the state
  319  attorney shall file an information if the child has been
  320  previously adjudicated delinquent for an act classified as a
  321  felony, which adjudication was for the commission of, attempt to
  322  commit, or conspiracy to commit murder, sexual battery, armed or
  323  strong-armed robbery, carjacking, home-invasion robbery,
  324  aggravated battery, or aggravated assault, and the child is
  325  currently charged with a second or subsequent violent crime
  326  against a person.
  327         (b) With respect to any child 16 or 17 years of age at the
  328  time an offense classified as a forcible felony, as defined in
  329  s. 776.08, was committed, the state attorney shall file an
  330  information if the child has previously been adjudicated
  331  delinquent or had adjudication withheld for three acts
  332  classified as felonies each of which occurred at least 45 days
  333  apart from each other. This paragraph does not apply when the
  334  state attorney has good cause to believe that exceptional
  335  circumstances exist which preclude the just prosecution of the
  336  juvenile in adult court.
  337         (c) The state attorney must file an information if a child,
  338  regardless of the child’s age at the time the alleged offense
  339  was committed, is alleged to have committed an act that would be
  340  a violation of law if the child were an adult, that involves
  341  stealing a motor vehicle, including, but not limited to, a
  342  violation of s. 812.133, relating to carjacking, or s.
  343  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
  344  while the child was in possession of the stolen motor vehicle
  345  the child caused serious bodily injury to or the death of a
  346  person who was not involved in the underlying offense. For
  347  purposes of this section, the driver and all willing passengers
  348  in the stolen motor vehicle at the time such serious bodily
  349  injury or death is inflicted shall also be subject to mandatory
  350  transfer to adult court. “Stolen motor vehicle,” for the
  351  purposes of this section, means a motor vehicle that has been
  352  the subject of any criminal wrongful taking. For purposes of
  353  this section, “willing passengers” means all willing passengers
  354  who have participated in the underlying offense.
  355         (d)1. With respect to any child who was 16 or 17 years of
  356  age at the time the alleged offense was committed, the state
  357  attorney shall file an information if the child has been charged
  358  with committing or attempting to commit an offense listed in s.
  359  775.087(2)(a)1.a.-p., and, during the commission of or attempt
  360  to commit the offense, the child:
  361         a. Actually possessed a firearm or destructive device, as
  362  those terms are defined in s. 790.001.
  363         b. Discharged a firearm or destructive device, as described
  364  in s. 775.087(2)(a)2.
  365         c. Discharged a firearm or destructive device, as described
  366  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  367  or great bodily harm was inflicted upon any person.
  368         2. Upon transfer, any child who is:
  369         a. Charged under sub-subparagraph 1.a. and who has been
  370  previously adjudicated or had adjudication withheld for a
  371  forcible felony offense or any offense involving a firearm, or
  372  who has been previously placed in a residential commitment
  373  program, shall be subject to sentencing under s. 775.087(2)(a),
  374  notwithstanding s. 985.565.
  375         b. Charged under sub-subparagraph 1.b. or sub-subparagraph
  376  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  377  notwithstanding s. 985.565.
  378         3. Upon transfer, any child who is charged under this
  379  paragraph, but who does not meet the requirements specified in
  380  subparagraph 2., shall be sentenced under s. 985.565; however,
  381  if the court imposes a juvenile sanction, the court must commit
  382  the child to a high-risk or maximum-risk juvenile facility.
  383         4. This paragraph shall not apply if the state attorney has
  384  good cause to believe that exceptional circumstances exist that
  385  preclude the just prosecution of the child in adult court.
  386         (d)5. The Department of Corrections shall make every
  387  reasonable effort to ensure that any child who is 14 years of
  388  age but has not yet reached the age of 18 and 16 or 17 years of
  389  age who is convicted and sentenced under this section is
  390  paragraph be completely separated such that there is no physical
  391  contact with adult offenders in the facility, to the extent that
  392  it is consistent with chapter 958.
  393         (2)(3) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
  394  FILE.—
  395         (a) Once a child has been transferred for criminal
  396  prosecution pursuant to an information and has been found to
  397  have committed the presenting offense or a lesser included
  398  offense, the child shall be handled thereafter in every respect
  399  as if an adult for any subsequent violation of state law, unless
  400  the court imposes juvenile sanctions under s. 985.565.
  401         (b) When a child is transferred for criminal prosecution as
  402  an adult, the court shall immediately transfer and certify to
  403  the adult circuit court all felony cases pertaining to the
  404  child, for prosecution of the child as an adult, which have not
  405  yet resulted in a plea of guilty or nolo contendere or in which
  406  a finding of guilt has not been made. If a child is acquitted of
  407  all charged offenses or lesser included offenses contained in
  408  the original case transferred to adult court, all felony cases
  409  that were transferred to adult court as a result of this
  410  paragraph shall be subject to the same penalties to which such
  411  cases would have been subject before being transferred to adult
  412  court.
  413         (c) When a child has been transferred for criminal
  414  prosecution as an adult and has been found to have committed a
  415  violation of state law, the disposition of the case may be made
  416  under s. 985.565 and may include the enforcement of any
  417  restitution ordered in any juvenile proceeding.
  418         (3) FITNESS HEARING BEFORE A JUDGE.—A child who is
  419  transferred to adult court under this section may request, in
  420  writing, a hearing before the court to determine whether he or
  421  she shall remain in adult court. The adult court, in determining
  422  whether public safety would be best served by retaining
  423  jurisdiction, shall consider the seriousness of the offense; the
  424  extent of the child’s alleged participation or role in the
  425  offense; the sophistication, maturity, and mental development of
  426  the child; any prior adjudications or adjudications withheld of
  427  the child; and any other consideration set forth in s.
  428  985.556(3)(c). The adult court may, based on these
  429  considerations, transfer the case back to juvenile court.
  430         (4) TRANSFER PROHIBITION.—Notwithstanding any other law, a
  431  child who is eligible for prosecution as an adult and who has
  432  previously been found to be incompetent but has not been
  433  restored to competency by a court may not be transferred to
  434  adult court for criminal prosecution until the child’s
  435  competency has been restored.
  436         (5) DATA COLLECTION RELATING TO PROSECUTING CHILDREN AS
  437  ADULTS.—
  438         (a) Beginning March 1, 2018, the department shall collect
  439  data relating to children who qualify to be prosecuted as adults
  440  under this section and s. 985.556 regardless of the outcome of
  441  the case, including, but not limited to:
  442         1. Age.
  443         2. Race and ethnicity.
  444         3. Gender.
  445         4. Circuit and county of residence.
  446         5. Circuit and county of offense.
  447         6. Prior adjudications or adjudications withheld.
  448         7. Prior periods of probation including any violations of
  449  probation.
  450         8. Previous contacts with law enforcement agencies or the
  451  court which resulted in a civil citation, arrest, or charges
  452  being filed with the state.
  453         9. Initial charges.
  454         10. Charges at disposition.
  455         11. Whether child codefendants were involved who were
  456  transferred to adult court.
  457         12. Whether the child was represented by counsel or whether
  458  the child waived counsel.
  459         13. Risk assessment instrument score.
  460         14. The child’s medical, mental health, substance abuse, or
  461  trauma history.
  462         15. The child’s history of mental impairment or disability
  463  related accommodations.
  464         16. The child’s history of abuse or neglect.
  465         17. The child’s history of foster care placements,
  466  including the number of prior placements.
  467         18. Whether the child has below-average intellectual
  468  functioning.
  469         19. Whether the child has received mental health services
  470  or treatment.
  471         20. Whether the child has been the subject of a child-in
  472  need-of-services or families-in-need-of-services petition or a
  473  dependency petition.
  474         21. Whether the child was transferred for criminal
  475  prosecution as an adult.
  476         22. The case resolution in juvenile court.
  477         23. The case resolution in adult court.
  478         24. Information generated by the office of the state
  479  attorney in each judicial circuit under subparagraph (1)(c)1.
  480         (b) Beginning March 1, 2018, for a child transferred for
  481  criminal prosecution as an adult, the department shall also
  482  collect:
  483         1. Disposition data, including, but not limited to, whether
  484  the child received adult sanctions, juvenile sanctions, or
  485  diversion and, if sentenced to prison, the length of the prison
  486  sentence or the enhanced sentence; and
  487         2. Whether the child was previously found incompetent to
  488  proceed in juvenile court.
  489         (c) For every juvenile case transferred between July 1,
  490  2016, and June 30, 2017, the department shall work with the
  491  Office of Program Policy Analysis and Government Accountability
  492  to generate a report analyzing the aggregated data. The
  493  department must provide this report to the Governor, the
  494  President of the Senate, and the Speaker of the House of
  495  Representatives by January 31, 2018.
  496         (d) The department must work with the Office of Program
  497  Policy Analysis and Government Accountability to generate a
  498  report analyzing the aggregated data under paragraphs (a) and
  499  (b) on an annual basis. The department must provide this report
  500  annually to the Governor, the President of the Senate, and the
  501  Speaker of the House of Representatives no later than January 31
  502  of the following calendar year.
  503         (6)(4) An information filed pursuant to this section may
  504  include all charges that are based on the same act, criminal
  505  episode, or transaction as the primary offenses.
  506         Section 4. Section 985.56, Florida Statutes, is amended to
  507  read:
  508         985.56 Indictment of a juvenile.—
  509         (1) A child 14 years of age or older of any age who is
  510  charged with a violation of state law punishable by death or by
  511  life imprisonment is subject to the jurisdiction of the court as
  512  set forth in s. 985.0301(2) unless and until an indictment on
  513  the charge is returned by the grand jury. When such indictment
  514  is returned, the petition for delinquency, if any, must be
  515  dismissed and the child must be tried and handled in every
  516  respect as an adult:
  517         (a) On the indicting offense punishable by death or by life
  518  imprisonment; and
  519         (b) On all other felonies or misdemeanors charged in the
  520  indictment which are based on the same act or transaction as the
  521  indicting offense punishable by death or by life imprisonment or
  522  on one or more acts or transactions connected with the offense
  523  punishable by death or by life imprisonment.
  524         (2) An adjudicatory hearing may not be held until 21 days
  525  after the child is taken into custody and charged with having
  526  committed an indictable offense punishable by death or by life
  527  imprisonment, unless the state attorney advises the court in
  528  writing that he or she does not intend to present the case to
  529  the grand jury, or has presented the case to the grand jury and
  530  the grand jury has not returned an indictment. If the court
  531  receives such a notice from the state attorney, or if the grand
  532  jury fails to act within the 21-day period, the court may
  533  proceed as otherwise authorized under this part.
  534         (3) Notwithstanding any other law, a child who is eligible
  535  for indictment and who has a pending competency hearing in
  536  juvenile court or who has been previously found to be
  537  incompetent and has not been restored to competency by a court
  538  may not be transferred to adult court for criminal prosecution
  539  until the child’s competency restored. A pending competency
  540  hearing or a finding of incompetency tolls the time limits in
  541  subsection (2). If the child is found to have committed the
  542  offense punishable by death or by life imprisonment, the child
  543  shall be sentenced as an adult. If the juvenile is not found to
  544  have committed the indictable offense but is found to have
  545  committed a lesser included offense or any other offense for
  546  which he or she was indicted as a part of the criminal episode,
  547  the court may sentence under s. 985.565.
  548         (4)(a) If Once a child has been indicted pursuant to this
  549  section and has been found to have committed any offense for
  550  which he or she was indicted as a part of the criminal episode,
  551  the child shall be handled thereafter in every respect as if an
  552  adult for any subsequent violation of state law, unless the
  553  court imposes juvenile sanctions under s. 985.565.
  554         (b) If When a child has been indicted pursuant to this
  555  section, the court shall immediately transfer and certify to the
  556  adult circuit court all felony cases pertaining to the child,
  557  for prosecution of the child as an adult, which have not yet
  558  resulted in a plea of guilty or nolo contendere or in which a
  559  finding of guilt has not been made. If the child is acquitted of
  560  all charged offenses or lesser included offenses contained in
  561  the indictment case, all felony cases that were transferred to
  562  adult court pursuant to this paragraph shall be subject to the
  563  same penalties such cases were subject to before being
  564  transferred to adult court.
  565         Section 5. Subsection (1) and paragraphs (a) and (b) of
  566  subsection (4) of section 985.565, Florida Statutes, are amended
  567  to read:
  568         985.565 Sentencing powers; procedures; alternatives for
  569  juveniles prosecuted as adults.—
  570         (1) POWERS OF DISPOSITION.—
  571         (a) A child who is found to have committed a violation of
  572  law may, as an alternative to adult dispositions, be committed
  573  to the department for treatment in an appropriate program for
  574  children outside the adult correctional system or be placed on
  575  juvenile probation.
  576         (b) In determining whether to impose juvenile sanctions
  577  instead of adult sanctions, the court shall consider the
  578  following criteria:
  579         1. The seriousness of the offense to the community and
  580  whether the protection of the community would be best served be
  581  protected by juvenile or adult sanctions.
  582         2.The extent of the child’s participation in the offense.
  583         3.The effect, if any, of familial or peer pressure on the
  584  child’s actions.
  585         4.2. Whether the offense was committed in an aggressive,
  586  violent, premeditated, or willful manner.
  587         5.3. Whether the offense was against persons or against
  588  property, with greater weight being given to offenses against
  589  persons, especially if personal injury resulted.
  590         6.4. The sophistication and maturity of the child,
  591  including: offender.
  592         a.The child’s age, maturity, intellectual capacity, and
  593  mental and emotional health at the time of the offense.
  594         b.The child’s background, including his or her family,
  595  home, and community environment.
  596         c.The effect, if any, of immaturity, impetuosity, or
  597  failure to appreciate the risks and consequences on the child’s
  598  participation in the offense.
  599         d.The effect, if any, of characteristics attributable to
  600  the child’s age on the child’s judgment.
  601         7.5. The record and previous history of the child offender,
  602  including:
  603         a. Previous contacts with the Department of Corrections,
  604  the Department of Juvenile Justice, the former Department of
  605  Health and Rehabilitative Services, or the Department of
  606  Children and Families, and the adequacy and appropriateness of
  607  the services provided to address the child’s needs law
  608  enforcement agencies, and the courts.
  609         b. Prior periods of probation.
  610         c. Prior adjudications that the offender committed a
  611  delinquent act or violation of law as a child.
  612         d. Prior commitments to the Department of Juvenile Justice,
  613  the former Department of Health and Rehabilitative Services, the
  614  Department of Children and Families, or other facilities or
  615  institutions, and the adequacy and appropriateness of the
  616  services provided to address the child’s needs.
  617         e.Previous contacts with law enforcement agencies and the
  618  courts.
  619         f.History of abuse, abandonment or neglect, or foster care
  620  placements.
  621         g.Identification of the child as having a disability or
  622  having previously received mental health services or treatment.
  623         8.6. The prospects for adequate protection of the public
  624  and the likelihood of deterrence and reasonable rehabilitation
  625  of the offender if assigned to services and facilities of the
  626  Department of Juvenile Justice.
  627         9.7. Whether the Department of Juvenile Justice has
  628  appropriate programs, facilities, and services immediately
  629  available.
  630         10.8. Whether adult sanctions would provide more
  631  appropriate punishment and deterrence to further violations of
  632  law than the imposition of juvenile sanctions.
  633         11.Whether the Department of Corrections has appropriate
  634  programs, facilities, and services immediately available.
  635         (4) SENTENCING ALTERNATIVES.—
  636         (a) Adult sanctions.—
  637         1. Cases prosecuted on indictment.—If the child is found to
  638  have committed the offense punishable by death or life
  639  imprisonment, the child shall be sentenced as an adult. If the
  640  juvenile is not found to have committed the indictable offense
  641  but is found to have committed a lesser included offense or any
  642  other offense for which he or she was indicted as a part of the
  643  criminal episode, the court may sentence as follows:
  644         a. As an adult;
  645         b. Under chapter 958; or
  646         c. As a juvenile under this section.
  647         1.2.Other cases.—If a child who has been transferred for
  648  criminal prosecution pursuant to indictment, information, or
  649  waiver of juvenile court jurisdiction is found to have committed
  650  a violation of state law or a lesser included offense for which
  651  he or she was charged as a part of the criminal episode, the
  652  court may sentence as follows:
  653         a. As an adult;
  654         b. Under chapter 958; or
  655         c. As a juvenile under this section.
  656         3. Notwithstanding any other provision to the contrary, if
  657  the state attorney is required to file a motion to transfer and
  658  certify the juvenile for prosecution as an adult under s.
  659  985.556(3) and that motion is granted, or if the state attorney
  660  is required to file an information under s. 985.557(2)(a) or
  661  (b), the court must impose adult sanctions.
  662         4. Any sentence imposing adult sanctions is presumed
  663  appropriate, and the court is not required to set forth specific
  664  findings or enumerate the criteria in this subsection as any
  665  basis for its decision to impose adult sanctions.
  666         2.5. When a child has been transferred for criminal
  667  prosecution as an adult and has been found to have committed a
  668  violation of state law, the disposition of the case may include
  669  the enforcement of any restitution ordered in any juvenile
  670  proceeding.
  671         (b) Juvenile sanctions.For juveniles transferred to adult
  672  court but who do not qualify for such transfer under s.
  673  985.556(3) or s. 985.557(2)(a) or (b), The court may impose
  674  juvenile sanctions under this paragraph for juveniles
  675  transferred to adult court. If juvenile sentences are imposed,
  676  the court shall, under this paragraph, adjudge the child to have
  677  committed a delinquent act. Adjudication of delinquency shall
  678  not be deemed a conviction, nor shall it operate to impose any
  679  of the civil disabilities ordinarily resulting from a
  680  conviction. The court shall impose an adult sanction or a
  681  juvenile sanction and may not sentence the child to a
  682  combination of adult and juvenile punishments. An adult sanction
  683  or a juvenile sanction may include enforcement of an order of
  684  restitution or probation previously ordered in any juvenile
  685  proceeding. However, if the court imposes a juvenile sanction
  686  and the department determines that the sanction is unsuitable
  687  for the child, the department shall return custody of the child
  688  to the sentencing court for further proceedings, including the
  689  imposition of adult sanctions. Upon adjudicating a child
  690  delinquent under subsection (1), the court may:
  691         1. Place the child in a probation program under the
  692  supervision of the department for an indeterminate period of
  693  time until the child reaches the age of 19 years or sooner if
  694  discharged by order of the court.
  695         2. Commit the child to the department for treatment in an
  696  appropriate program for children for an indeterminate period of
  697  time until the child is 21 or sooner if discharged by the
  698  department. The department shall notify the court of its intent
  699  to discharge no later than 14 days prior to discharge. Failure
  700  of the court to timely respond to the department’s notice shall
  701  be considered approval for discharge.
  702         3. Order disposition under ss. 985.435, 985.437, 985.439,
  703  985.441, 985.45, and 985.455 as an alternative to youthful
  704  offender or adult sentencing if the court determines not to
  705  impose youthful offender or adult sanctions.
  706  
  707  It is the intent of the Legislature that the criteria and
  708  guidelines in this subsection are mandatory and that a
  709  determination of disposition under this subsection is subject to
  710  the right of the child to appellate review under s. 985.534.
  711         Section 6. Subsection (54) of section 985.03, Florida
  712  Statutes, is amended to read:
  713         985.03 Definitions.—As used in this chapter, the term:
  714         (54) “Waiver hearing” means a hearing provided for under s.
  715  985.556(3) s. 985.556(4).
  716         Section 7. Subsection (1) of section 985.15, Florida
  717  Statutes, is amended to read:
  718         985.15 Filing decisions.—
  719         (1) The state attorney may in all cases take action
  720  independent of the action or lack of action of the juvenile
  721  probation officer and shall determine the action that is in the
  722  best interest of the public and the child. If the child meets
  723  the criteria requiring prosecution as an adult under s. 985.556,
  724  the state attorney shall request the court to transfer and
  725  certify the child for prosecution as an adult or shall provide
  726  written reasons to the court for not making such a request. In
  727  all other cases, The state attorney may:
  728         (a) File a petition for dependency;
  729         (b) File a petition under chapter 984;
  730         (c) File a petition for delinquency;
  731         (d) File a petition for delinquency with a motion to
  732  transfer and certify the child for prosecution as an adult;
  733         (e) File an information under s. 985.557;
  734         (f) Refer the case to a grand jury;
  735         (g) Refer the child to a diversionary, pretrial
  736  intervention, arbitration, or mediation program, or to some
  737  other treatment or care program if such program commitment is
  738  voluntarily accepted by the child or the child’s parents or
  739  legal guardian; or
  740         (h) Decline to file.
  741         Section 8. For the purpose of incorporating the amendment
  742  made by this act to section 985.565, Florida Statutes, in a
  743  reference thereto, subsection (3) of section 985.514, Florida
  744  Statutes, is reenacted to read:
  745         985.514 Responsibility for cost of care; fees.—
  746         (3) When the court under s. 985.565 orders any child
  747  prosecuted as an adult to be supervised by or committed to the
  748  department for treatment in any of the department’s programs for
  749  children, the court shall order the child’s parents to pay fees
  750  as provided in s. 985.039.
  751         Section 9. This act shall take effect October 1, 2017.