Florida Senate - 2018                              CS for SB 936
       
       
        
       By the Committee on Criminal Justice; and Senators Powell and
       Rouson
       
       
       
       
       591-02329-18                                           2018936c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.556, F.S.; deleting provisions requiring that a
    4         state attorney request the court to transfer and
    5         certify a child for prosecution as an adult under
    6         certain circumstances; revising the factors that a
    7         court must consider when determining whether a child
    8         should be transferred to adult court; amending s.
    9         985.557, F.S.; eliminating discretionary direct filing
   10         for children of specified ages; revising the list of
   11         crimes for which children of specified ages who are
   12         charged with committing, attempting to commit, or
   13         conspiring to commit may have an information filed
   14         against them by a state attorney; requiring specified
   15         information to be included in certain orders;
   16         requiring chief judges of the judicial circuits to
   17         periodically collect and report certain data to the
   18         Department of Juvenile Justice; deleting provisions
   19         requiring that a child be prosecuted as an adult if
   20         the child committed or attempted to commit specified
   21         crimes; deleting provisions relating to sentencing a
   22         child who commits or attempts to commit specified
   23         crimes; requiring children of certain ages who are
   24         convicted and sentenced to the Department of
   25         Corrections to be kept completely separated from adult
   26         offenders in the facility; authorizing a child who is
   27         transferred to adult court to request, in writing, a
   28         hearing before the court to determine whether he or
   29         she shall remain in adult court; requiring the court
   30         to consider specified facts in determining whether the
   31         public safety would be served by retaining
   32         jurisdiction; authorizing the court to transfer a
   33         child back to a juvenile court; prohibiting the
   34         transfer of a child to adult court until his or her
   35         competency is restored in certain circumstances;
   36         requiring the department, beginning on a specified
   37         date, to collect specified information relating to
   38         children who qualify for prosecution as adults and
   39         children who are transferred for criminal prosecution
   40         as adults; requiring the department to work with the
   41         Office of Program Policy Analysis and Government
   42         Accountability to generate a report analyzing the data
   43         of juveniles transferred for prosecution as adults
   44         during a certain period and provide such report to the
   45         Governor and Legislature by a specified date;
   46         requiring the department to work with the Office of
   47         Program Policy Analysis and Government Accountability
   48         to generate an annual report analyzing certain data
   49         and provide such report to the Governor and
   50         Legislature by a specified date; amending s. 985.56,
   51         F.S.; providing a minimum age limit for children who
   52         are subject to the jurisdiction of a court if they are
   53         charged with a violation punishable by death or life
   54         imprisonment; prohibiting the transfer of a child to
   55         adult court until his or her competency is restored in
   56         certain circumstances; providing for the tolling of
   57         time limits for specified purposes; making technical
   58         changes; amending s. 985.565, F.S.; revising the
   59         criteria to be used in determining whether to impose
   60         juvenile or adult sanctions; deleting provisions
   61         requiring the sentencing of children who commit
   62         offenses punishable by death or life imprisonment or
   63         other specified offenses; conforming provisions to
   64         changes made by the act; amending s. 985.03, F.S.;
   65         conforming a cross-reference; amending s. 985.15,
   66         F.S.; conforming provisions to changes made by the
   67         act; amending s. 985.265, F.S.; authorizing, rather
   68         than requiring, a court to order a child to be housed
   69         in an adult detention facility in certain
   70         circumstances; reenacting s. 985.26(2)(c), F.S.,
   71         relating to the definition of the term “disposition,”
   72         to incorporate the amendments made to ss. 985.557 and
   73         985.56, F.S., in references thereto; reenacting s.
   74         985.514(3), F.S., relating to responsibility for cost
   75         of care and fees, to incorporate the amendment made to
   76         s. 985.565, F.S., in a reference thereto; providing an
   77         effective date.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Subsections (2) through (5) of section 985.556,
   82  Florida Statutes, are amended, and subsection (1) of that
   83  section is republished, to read:
   84         985.556 Waiver of juvenile court jurisdiction; hearing.—
   85         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
   86  a child’s criminal case for trial as an adult if the child is
   87  alleged to have committed a violation of law and, prior to the
   88  commencement of an adjudicatory hearing, the child, joined by a
   89  parent or, in the absence of a parent, by the guardian or
   90  guardian ad litem, demands in writing to be tried as an adult.
   91  Once a child has been transferred for criminal prosecution
   92  pursuant to a voluntary waiver hearing and has been found to
   93  have committed the presenting offense or a lesser included
   94  offense, the child shall be handled thereafter in every respect
   95  as an adult for any subsequent violation of state law, unless
   96  the court imposes juvenile sanctions under s. 985.565(4)(b).
   97         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
   98  subsection (3), The state attorney may file a motion requesting
   99  the court to transfer the child for criminal prosecution if the
  100  child was 14 years of age or older at the time the alleged
  101  delinquent act or violation of law was committed.
  102         (3)INVOLUNTARY MANDATORY WAIVER.—
  103         (a)If the child was 14 years of age or older, and if the
  104  child has been previously adjudicated delinquent for an act
  105  classified as a felony, which adjudication was for the
  106  commission of, attempt to commit, or conspiracy to commit
  107  murder, sexual battery, armed or strong-armed robbery,
  108  carjacking, home-invasion robbery, aggravated battery,
  109  aggravated assault, or burglary with an assault or battery, and
  110  the child is currently charged with a second or subsequent
  111  violent crime against a person; or
  112         (b)If the child was 14 years of age or older at the time
  113  of commission of a fourth or subsequent alleged felony offense
  114  and the child was previously adjudicated delinquent or had
  115  adjudication withheld for or was found to have committed, or to
  116  have attempted or conspired to commit, three offenses that are
  117  felony offenses if committed by an adult, and one or more of
  118  such felony offenses involved the use or possession of a firearm
  119  or violence against a person;
  120  
  121  the state attorney shall request the court to transfer and
  122  certify the child for prosecution as an adult or shall provide
  123  written reasons to the court for not making such request, or
  124  proceed under s. 985.557(1). Upon the state attorney’s request,
  125  the court shall either enter an order transferring the case and
  126  certifying the case for trial as if the child were an adult or
  127  provide written reasons for not issuing such an order.
  128         (3)(4) WAIVER HEARING BEFORE A JUDGE.—
  129         (a) Within 7 days, excluding Saturdays, Sundays, and legal
  130  holidays, after the date a petition alleging that a child has
  131  committed a delinquent act or violation of law has been filed,
  132  or later with the approval of the court, but before an
  133  adjudicatory hearing and after considering the recommendation of
  134  the juvenile probation officer, the state attorney may file a
  135  motion requesting the court to transfer the child for criminal
  136  prosecution.
  137         (b) After the filing of the motion of the state attorney,
  138  summonses must be issued and served in conformity with s.
  139  985.319. A copy of the motion and a copy of the delinquency
  140  petition, if not already served, must be attached to each
  141  summons.
  142         (c) The court shall conduct a hearing on all transfer
  143  request motions for the purpose of determining whether a child
  144  should be transferred. In making its determination, the court
  145  shall consider:
  146         1. The seriousness of the alleged offense to the community
  147  and whether the protection of the community is best served by
  148  transferring the child for adult sanctions.
  149         2. Whether the alleged offense was committed in an
  150  aggressive, violent, premeditated, or willful manner.
  151         3. Whether the alleged offense was against persons or
  152  against property, greater weight being given to offenses against
  153  persons, especially if personal injury resulted.
  154         4. The probable cause as found in the report, affidavit, or
  155  complaint.
  156         5.The desirability of trial and disposition of the entire
  157  offense in one court when the child’s associates in the alleged
  158  crime are adults or children who are to be tried as adults.
  159         5.6. The sophistication, and maturity, and mental
  160  development of the child.
  161         6.7. The record and previous history of the child,
  162  including:
  163         a. Previous contacts with the department, the Department of
  164  Corrections, the former Department of Health and Rehabilitative
  165  Services, the Department of Children and Families, other law
  166  enforcement agencies, and courts.;
  167         b. Prior periods of probation.;
  168         c. Prior adjudications that the child committed a
  169  delinquent act or violation of law, greater weight being given
  170  if the child has previously been found by a court to have
  171  committed a delinquent act or violation of law involving an
  172  offense classified as a felony or has twice previously been
  173  found to have committed a delinquent act or violation of law
  174  involving an offense classified as a misdemeanor.; and
  175         d. Prior commitments to institutions.
  176         7.8. The prospects for adequate protection of the public
  177  and the likelihood of reasonable rehabilitation of the child, if
  178  the child is found to have committed the alleged offense, by the
  179  use of procedures, services, and facilities currently available
  180  to the court.
  181         (d) Prior to a hearing on the transfer request motion by
  182  the state attorney, a study and report to the court relevant to
  183  the factors in paragraph (c) must be made in writing by an
  184  authorized agent of the department. The child and the child’s
  185  parents or legal guardians and counsel and the state attorney
  186  shall have the right to examine these reports and to question
  187  the parties responsible for them at the hearing.
  188         (e) Any decision to transfer a child for criminal
  189  prosecution must be in writing and include consideration of, and
  190  findings of fact with respect to, all criteria in paragraph (c).
  191  The court shall render an order including a specific finding of
  192  fact and the reasons for a decision to impose adult sanctions.
  193  The order shall be reviewable on appeal under s. 985.534 and the
  194  Florida Rules of Appellate Procedure.
  195         (4)(5) EFFECT OF ORDER WAIVING JURISDICTION.—
  196         (a) Once a child has been transferred for criminal
  197  prosecution pursuant to an involuntary waiver hearing and has
  198  been found to have committed the presenting offense or a lesser
  199  included offense, the child shall thereafter be handled in every
  200  respect as an adult for any subsequent violation of state law,
  201  unless the court imposes juvenile sanctions under s. 985.565.
  202         (b) When a child is transferred for criminal prosecution as
  203  an adult, the court shall immediately transfer and certify to
  204  the adult circuit court all felony cases pertaining to the
  205  child, for prosecution of the child as an adult, which have not
  206  yet resulted in a plea of guilty or nolo contendere or in which
  207  a finding of guilt has not been made. If the child is acquitted
  208  of all charged offenses or lesser included offenses contained in
  209  the original case transferred to adult court, all felony cases
  210  that were transferred to adult court under this paragraph shall
  211  be subject to the same penalties such cases were subject to
  212  before being transferred to adult court.
  213         Section 2. Section 985.557, Florida Statutes, is amended to
  214  read:
  215         985.557 Prosecuting children as adults Direct filing of an
  216  information; discretionary and mandatory criteria.—
  217         (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
  218  FILE.—
  219         (a) With respect to any child who was 16 14 or 17 15 years
  220  of age at the time the alleged offense was committed, the state
  221  attorney may file an information when in the state attorney’s
  222  judgment and discretion the public interest requires that adult
  223  sanctions be considered or imposed and when the offense charged
  224  is for the commission of, attempt to commit, or conspiracy to
  225  commit:
  226         1. Arson;
  227         2. Sexual battery;
  228         3. Robbery;
  229         4. Kidnapping;
  230         5. Aggravated child abuse;
  231         6. Aggravated assault;
  232         7. Aggravated stalking;
  233         8. Murder;
  234         9. Manslaughter;
  235         10. Unlawful throwing, placing, or discharging of a
  236  destructive device or bomb;
  237         11. Armed burglary in violation of s. 810.02(2)(b) or
  238  specified burglary of a dwelling or structure in violation of s.
  239  810.02(2)(c), or burglary with an assault or battery in
  240  violation of s. 810.02(2)(a);
  241         12. Aggravated battery;
  242         13. Any lewd or lascivious offense committed upon or in the
  243  presence of a person less than 16 years of age;
  244         14. Carrying, displaying, using, threatening, or attempting
  245  to use a weapon or firearm during the commission of a felony;
  246         15.Grand theft in violation of s. 812.014(2)(a);
  247         15.16. Possessing or discharging any weapon or firearm on
  248  school property in violation of s. 790.115;
  249         16.17. Home invasion robbery;
  250         17.18. Carjacking; or
  251         18.19. Grand theft of a motor vehicle in violation of s.
  252  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  253  $20,000 or more in violation of s. 812.014(2)(b) if the child
  254  has a previous adjudication for grand theft of a motor vehicle
  255  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  256         (b)1. Beginning October 1, 2018, the court shall, with the
  257  assistance of the department, prosecutor, and defense counsel,
  258  include the following information in the disposition order or
  259  the judgment and sentence order for all cases eligible for
  260  transfer to adult court under this section, s. 985.556, or s.
  261  985.56:
  262         a.Whether the case was adjudicated in juvenile or adult
  263  court.
  264         b.The length of time the child spent in a detention
  265  facility or jail awaiting disposition.
  266         c.If the case was adjudicated in juvenile court:
  267         (I)Whether the child had to waive statutory limits on
  268  secure detention in order to avoid being prosecuted as an adult
  269  and, if available, the amount of time the child who waived
  270  secure detention limits actually spent in secure detention.
  271         (II)Whether the child waived the right to trial in
  272  exchange for the case remaining in juvenile court.
  273         (III)If the decision not to transfer to adult court
  274  resulted in a plea agreement, the details of the plea agreement,
  275  including previous plea offers made by the state but not
  276  accepted by the child, and any conditions placed on the plea
  277  offer.
  278         (IV)Whether any discovery was conducted on the case before
  279  the plea.
  280         (V)Whether the judge sentenced the child to a disposition
  281  other than what the prosecutor was offering in exchange for the
  282  child not being prosecuted as an adult.
  283         d.If the case was adjudicated in adult court:
  284         (I)Whether any discovery was conducted on the case after
  285  the child’s transfer to adult court.
  286         (II)Whether the sentence was the result of a plea
  287  agreement that did not involve the judge.
  288         (III)Whether the sentence was the result of a plea
  289  agreement that did involve the judge.
  290         (IV)Whether the sentence was the result of a trial.
  291         2.On or before the 15th of each month, the chief judge in
  292  each judicial circuit shall collect the information specified in
  293  subparagraph 1. for all cases disposed of in the previous month
  294  and submit such information to the department for data
  295  collection.
  296         (b)With respect to any child who was 16 or 17 years of age
  297  at the time the alleged offense was committed, the state
  298  attorney may file an information when in the state attorney’s
  299  judgment and discretion the public interest requires that adult
  300  sanctions be considered or imposed. However, the state attorney
  301  may not file an information on a child charged with a
  302  misdemeanor, unless the child has had at least two previous
  303  adjudications or adjudications withheld for delinquent acts, one
  304  of which involved an offense classified as a felony under state
  305  law.
  306         (2)MANDATORY DIRECT FILE.—
  307         (a)With respect to any child who was 16 or 17 years of age
  308  at the time the alleged offense was committed, the state
  309  attorney shall file an information if the child has been
  310  previously adjudicated delinquent for an act classified as a
  311  felony, which adjudication was for the commission of, attempt to
  312  commit, or conspiracy to commit murder, sexual battery, armed or
  313  strong-armed robbery, carjacking, home-invasion robbery,
  314  aggravated battery, or aggravated assault, and the child is
  315  currently charged with a second or subsequent violent crime
  316  against a person.
  317         (b)With respect to any child 16 or 17 years of age at the
  318  time an offense classified as a forcible felony, as defined in
  319  s. 776.08, was committed, the state attorney shall file an
  320  information if the child has previously been adjudicated
  321  delinquent or had adjudication withheld for three acts
  322  classified as felonies each of which occurred at least 45 days
  323  apart from each other. This paragraph does not apply when the
  324  state attorney has good cause to believe that exceptional
  325  circumstances exist which preclude the just prosecution of the
  326  juvenile in adult court.
  327         (c)The state attorney must file an information if a child,
  328  regardless of the child’s age at the time the alleged offense
  329  was committed, is alleged to have committed an act that would be
  330  a violation of law if the child were an adult, that involves
  331  stealing a motor vehicle, including, but not limited to, a
  332  violation of s. 812.133, relating to carjacking, or s.
  333  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
  334  while the child was in possession of the stolen motor vehicle
  335  the child caused serious bodily injury to or the death of a
  336  person who was not involved in the underlying offense. For
  337  purposes of this section, the driver and all willing passengers
  338  in the stolen motor vehicle at the time such serious bodily
  339  injury or death is inflicted shall also be subject to mandatory
  340  transfer to adult court. “Stolen motor vehicle,” for the
  341  purposes of this section, means a motor vehicle that has been
  342  the subject of any criminal wrongful taking. For purposes of
  343  this section, “willing passengers” means all willing passengers
  344  who have participated in the underlying offense.
  345         (d)1.With respect to any child who was 16 or 17 years of
  346  age at the time the alleged offense was committed, the state
  347  attorney shall file an information if the child has been charged
  348  with committing or attempting to commit an offense listed in s.
  349  775.087(2)(a)1.a.-p., and, during the commission of or attempt
  350  to commit the offense, the child:
  351         a.Actually possessed a firearm or destructive device, as
  352  those terms are defined in s. 790.001.
  353         b.Discharged a firearm or destructive device, as described
  354  in s. 775.087(2)(a)2.
  355         c.Discharged a firearm or destructive device, as described
  356  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  357  or great bodily harm was inflicted upon any person.
  358         2.Upon transfer, any child who is:
  359         a.Charged under sub-subparagraph 1.a. and who has been
  360  previously adjudicated or had adjudication withheld for a
  361  forcible felony offense or any offense involving a firearm, or
  362  who has been previously placed in a residential commitment
  363  program, shall be subject to sentencing under s. 775.087(2)(a),
  364  notwithstanding s. 985.565.
  365         b.Charged under sub-subparagraph 1.b. or sub-subparagraph
  366  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  367  notwithstanding s. 985.565.
  368         3.Upon transfer, any child who is charged under this
  369  paragraph, but who does not meet the requirements specified in
  370  subparagraph 2., shall be sentenced under s. 985.565; however,
  371  if the court imposes a juvenile sanction, the court must commit
  372  the child to a high-risk or maximum-risk juvenile facility.
  373         4.This paragraph shall not apply if the state attorney has
  374  good cause to believe that exceptional circumstances exist that
  375  preclude the just prosecution of the child in adult court.
  376         (c)5. The Department of Corrections shall make every
  377  reasonable effort to ensure that any child who is 16 years of
  378  age or older but has not yet reached the age of 18 and 16 or 17
  379  years of age who is convicted and sentenced under this section
  380  is paragraph be completely separated such that there is no
  381  physical contact with adult offenders in the facility, to the
  382  extent that it is consistent with chapter 958.
  383         (2)(3) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
  384  FILE.—
  385         (a) Once a child has been transferred for criminal
  386  prosecution pursuant to an information and has been found to
  387  have committed the presenting offense or a lesser included
  388  offense, the child shall be handled thereafter in every respect
  389  as if an adult for any subsequent violation of state law, unless
  390  the court imposes juvenile sanctions under s. 985.565.
  391         (b) When a child is transferred for criminal prosecution as
  392  an adult, the court shall immediately transfer and certify to
  393  the adult circuit court all felony cases pertaining to the
  394  child, for prosecution of the child as an adult, which have not
  395  yet resulted in a plea of guilty or nolo contendere or in which
  396  a finding of guilt has not been made. If a child is acquitted of
  397  all charged offenses or lesser included offenses contained in
  398  the original case transferred to adult court, all felony cases
  399  that were transferred to adult court as a result of this
  400  paragraph shall be subject to the same penalties to which such
  401  cases would have been subject before being transferred to adult
  402  court.
  403         (c) When a child has been transferred for criminal
  404  prosecution as an adult and has been found to have committed a
  405  violation of state law, the disposition of the case may be made
  406  under s. 985.565 and may include the enforcement of any
  407  restitution ordered in any juvenile proceeding.
  408         (3)FITNESS HEARING BEFORE A JUDGE.—A child who is
  409  transferred to adult court under this section may request, in
  410  writing, a hearing before the court to determine whether he or
  411  she shall remain in adult court. The adult court, in determining
  412  whether public safety would be best served by retaining
  413  jurisdiction, shall consider the seriousness of the offense; the
  414  extent of the child’s alleged participation or role in the
  415  offense; the sophistication, maturity, and mental development of
  416  the child; any prior adjudications or adjudications withheld of
  417  the child; and any other consideration set forth in s.
  418  985.556(3)(c). The adult court may, based on these
  419  considerations, transfer the case back to juvenile court.
  420         (4)TRANSFER PROHIBITION.—Notwithstanding any other law, a
  421  child who is eligible for prosecution as an adult and who has a
  422  pending competency hearing in juvenile court or who has
  423  previously been found to be incompetent but has not been
  424  restored to competency by a court may not be transferred to
  425  adult court for criminal prosecution until the child’s
  426  competency has been restored.
  427         (5)DATA COLLECTION RELATING TO PROSECUTING CHILDREN AS
  428  ADULTS.—
  429         (a)Beginning January 1, 2019, the department shall collect
  430  data relating to children who qualify to be prosecuted as adults
  431  under this section and s. 985.556, regardless of the outcome of
  432  the case, including, but not limited to:
  433         1.Age.
  434         2.Race and ethnicity.
  435         3.Gender.
  436         4.Circuit and county of residence.
  437         5.Circuit and county of offense.
  438         6.Prior adjudications or adjudications withheld.
  439         7.Prior periods of probation, including any violations of
  440  probation.
  441         8.Previous contact with law enforcement agencies or the
  442  court which resulted in a civil citation, arrest, or other
  443  charge being filed with the state.
  444         9.Initial charges.
  445         10.Charges at disposition.
  446         11.Whether child codefendants were involved who were
  447  transferred to adult court.
  448         12.Whether the child was represented by counsel or waived
  449  counsel.
  450         13.The child’s risk assessment instrument score.
  451         14.The child’s medical, mental health, substance abuse, or
  452  trauma history.
  453         15.The child’s history of mental impairment or disability
  454  related accommodations.
  455         16.The child’s history of abuse or neglect.
  456         17.The child’s history of foster care placements,
  457  including the number of prior placements.
  458         18.Whether the child has below-average intellectual
  459  functioning.
  460         19.Whether the child has received mental health services
  461  or treatment.
  462         20.Whether the child has been the subject of a child-in
  463  need-of-services or families-in-need-of-services petition or a
  464  dependency petition.
  465         21.Whether the child was transferred for criminal
  466  prosecution as an adult.
  467         22.The case resolution in juvenile court.
  468         23.The case resolution in adult court.
  469         24. Information included in the disposition order or the
  470  judgment and sentence order under subparagraph (1)(b)1.
  471         (b)Beginning January 1, 2019, the department shall also
  472  collect data relating to children transferred for criminal
  473  prosecution as adults, including, but not limited to:
  474         1.Disposition data, including, but not limited to, adult
  475  sanctions, juvenile sanctions, or diversions received and, if
  476  sentenced to prison, the length of the prison sentence or the
  477  length of the enhanced sentence.
  478         2.Incompetence to proceed in juvenile court.
  479         (c)For every juvenile case transferred between July 1,
  480  2017, and June 30, 2018, the department shall work with the
  481  Office of Program Policy Analysis and Government Accountability
  482  to generate a report analyzing the aggregated data under
  483  paragraphs (a) and (b). The department must provide the report
  484  to the Governor, the President of the Senate, and the Speaker of
  485  the House of Representatives by January 31, 2019.
  486         (d)The department must work with the Office of Program
  487  Policy Analysis and Government Accountability to generate a
  488  report analyzing the aggregated data under paragraphs (a) and
  489  (b) on an annual basis. The department shall provide the report
  490  annually to the Governor, the President of the Senate, and the
  491  Speaker of the House of Representatives no later than January 31
  492  of the following calendar year.
  493         (6)(4) An information filed pursuant to this section may
  494  include all charges that are based on the same act, criminal
  495  episode, or transaction as the primary offenses.
  496         Section 3. Section 985.56, Florida Statutes, is amended to
  497  read:
  498         985.56 Indictment of a juvenile.—
  499         (1) A child 14 years of age or older of any age who is
  500  charged with a violation of state law punishable by death or by
  501  life imprisonment is subject to the jurisdiction of the court as
  502  set forth in s. 985.0301(2) unless and until an indictment on
  503  the charge is returned by the grand jury. When such indictment
  504  is returned, the petition for delinquency, if any, must be
  505  dismissed and the child must be tried and handled in every
  506  respect as an adult:
  507         (a) On the indicting offense punishable by death or by life
  508  imprisonment; and
  509         (b) On all other felonies or misdemeanors charged in the
  510  indictment which are based on the same act or transaction as the
  511  indicting offense punishable by death or by life imprisonment or
  512  on one or more acts or transactions connected with the offense
  513  punishable by death or by life imprisonment.
  514         (2) An adjudicatory hearing may not be held until 21 days
  515  after the child is taken into custody and charged with having
  516  committed an indictable offense punishable by death or by life
  517  imprisonment, unless the state attorney advises the court in
  518  writing that he or she does not intend to present the case to
  519  the grand jury, or has presented the case to the grand jury and
  520  the grand jury has not returned an indictment. If the court
  521  receives such a notice from the state attorney, or if the grand
  522  jury fails to act within the 21-day period, the court may
  523  proceed as otherwise authorized under this part.
  524         (3) Notwithstanding any other law, a child who is eligible
  525  for indictment and who has a pending competency hearing in
  526  juvenile court or who has been previously found to be
  527  incompetent and has not been restored to competency by a court
  528  may not be transferred to adult court for criminal prosecution
  529  until the child’s competency is restored. A pending competency
  530  hearing or a finding of incompetency tolls the time limits in
  531  subsection (2). If the child is found to have committed the
  532  offense punishable by death or by life imprisonment, the child
  533  shall be sentenced as an adult. If the juvenile is not found to
  534  have committed the indictable offense but is found to have
  535  committed a lesser included offense or any other offense for
  536  which he or she was indicted as a part of the criminal episode,
  537  the court may sentence under s. 985.565.
  538         (4)(a) If Once a child has been indicted pursuant to this
  539  section and has been found to have committed any offense for
  540  which he or she was indicted as a part of the criminal episode,
  541  the child shall be handled thereafter in every respect as if an
  542  adult for any subsequent violation of state law, unless the
  543  court imposes juvenile sanctions under s. 985.565.
  544         (b) If When a child has been indicted pursuant to this
  545  section, the court shall immediately transfer and certify to the
  546  adult circuit court all felony cases pertaining to the child,
  547  for prosecution of the child as an adult, which have not yet
  548  resulted in a plea of guilty or nolo contendere or in which a
  549  finding of guilt has not been made. If the child is acquitted of
  550  all charged offenses or lesser included offenses contained in
  551  the indictment case, all felony cases that were transferred to
  552  adult court pursuant to this paragraph shall be subject to the
  553  same penalties such cases were subject to before being
  554  transferred to adult court.
  555         Section 4. Subsection (1) and paragraphs (a) and (b) of
  556  subsection (4) of section 985.565, Florida Statutes, are amended
  557  to read:
  558         985.565 Sentencing powers; procedures; alternatives for
  559  juveniles prosecuted as adults.—
  560         (1) POWERS OF DISPOSITION.—
  561         (a) A child who is found to have committed a violation of
  562  law may, as an alternative to adult dispositions, be committed
  563  to the department for treatment in an appropriate program for
  564  children outside the adult correctional system or be placed on
  565  juvenile probation.
  566         (b) In determining whether to impose juvenile sanctions
  567  instead of adult sanctions, the court shall consider the
  568  following criteria:
  569         1. The seriousness of the offense to the community and
  570  whether the protection of the community would be best served be
  571  protected by juvenile or adult sanctions.
  572         2.The extent of the child’s participation in the offense.
  573         3.The effect, if any, of familial or peer pressure on the
  574  child’s actions.
  575         4.2. Whether the offense was committed in an aggressive,
  576  violent, premeditated, or willful manner.
  577         5.3. Whether the offense was against persons or against
  578  property, with greater weight being given to offenses against
  579  persons, especially if personal injury resulted.
  580         6.4. The sophistication, and maturity, and mental
  581  development of the child, including: offender.
  582         a.The child’s age, maturity, intellectual capacity, and
  583  mental and emotional health at the time of the offense.
  584         b.The child’s background, including his or her family,
  585  home, and community environment.
  586         c.The effect, if any, of immaturity, impetuosity, or
  587  failure to appreciate the risks and consequences of the offense
  588  on the child’s participation in the offense.
  589         d.The effect, if any, of characteristics attributable to
  590  the child’s age on the child’s judgment.
  591         7.5. The record and previous history of the child offender,
  592  including:
  593         a. Previous contacts with the Department of Corrections,
  594  the Department of Juvenile Justice, the former Department of
  595  Health and Rehabilitative Services, or the Department of
  596  Children and Families, and the adequacy and appropriateness of
  597  the services provided by the Department of Juvenile Justice to
  598  address the child’s needs law enforcement agencies, and the
  599  courts.
  600         b. Prior periods of probation.
  601         c. Prior adjudications that the offender committed a
  602  delinquent act or violation of law as a child.
  603         d. Prior commitments to the Department of Juvenile Justice,
  604  the former Department of Health and Rehabilitative Services, the
  605  Department of Children and Families, or other facilities or
  606  institutions and the adequacy and appropriateness of the
  607  services provided by such entity to address the child’s needs.
  608         e.Previous contacts with law enforcement agencies and the
  609  courts.
  610         f.History of abuse, abandonment, or neglect.
  611         g.History of foster care placements.
  612         h.Identification of the child as having a disability.
  613         i.History of mental health services or treatment.
  614         8.6. The prospects for adequate protection of the public
  615  and the likelihood of deterrence and reasonable rehabilitation
  616  of the offender if assigned to services and facilities of the
  617  Department of Juvenile Justice.
  618         9.7. Whether the Department of Juvenile Justice has
  619  appropriate programs, facilities, and services immediately
  620  available.
  621         10.8. Whether adult sanctions would provide more
  622  appropriate punishment and deterrence to further violations of
  623  law than the imposition of juvenile sanctions.
  624         11.Whether the Department of Corrections has appropriate
  625  programs, facilities, and services immediately available.
  626         (4) SENTENCING ALTERNATIVES.—
  627         (a) Adult sanctions.—
  628         1.Cases prosecuted on indictment.—If the child is found to
  629  have committed the offense punishable by death or life
  630  imprisonment, the child shall be sentenced as an adult. If the
  631  juvenile is not found to have committed the indictable offense
  632  but is found to have committed a lesser included offense or any
  633  other offense for which he or she was indicted as a part of the
  634  criminal episode, the court may sentence as follows:
  635         a.As an adult;
  636         b.Under chapter 958; or
  637         c.As a juvenile under this section.
  638         1.2.Other cases.—If a child who has been transferred for
  639  criminal prosecution pursuant to indictment, information, or
  640  waiver of juvenile court jurisdiction is found to have committed
  641  a violation of state law or a lesser included offense for which
  642  he or she was charged as a part of the criminal episode, the
  643  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         3.Notwithstanding any other provision to the contrary, if
  648  the state attorney is required to file a motion to transfer and
  649  certify the juvenile for prosecution as an adult under s.
  650  985.556(3) and that motion is granted, or if the state attorney
  651  is required to file an information under s. 985.557(2)(a) or
  652  (b), the court must impose adult sanctions.
  653         4.Any sentence imposing adult sanctions is presumed
  654  appropriate, and the court is not required to set forth specific
  655  findings or enumerate the criteria in this subsection as any
  656  basis for its decision to impose adult sanctions.
  657         2.5.If When a child who has been transferred for criminal
  658  prosecution as an adult is and has been found to have committed
  659  a violation of state law, the disposition of the case may
  660  include the enforcement of any restitution ordered in any
  661  juvenile proceeding.
  662         (b) Juvenile sanctions.For juveniles transferred to adult
  663  court but who do not qualify for such transfer under s.
  664  985.556(3) or s. 985.557(2)(a) or (b), The court may impose
  665  juvenile sanctions under this paragraph for juveniles
  666  transferred to adult court. If juvenile sentences are imposed,
  667  the court shall, under this paragraph, adjudge the child to have
  668  committed a delinquent act. Adjudication of delinquency shall
  669  not be deemed a conviction, nor shall it operate to impose any
  670  of the civil disabilities ordinarily resulting from a
  671  conviction. The court shall impose an adult sanction or a
  672  juvenile sanction and may not sentence the child to a
  673  combination of adult and juvenile punishments. An adult sanction
  674  or a juvenile sanction may include enforcement of an order of
  675  restitution or probation previously ordered in any juvenile
  676  proceeding. However, if the court imposes a juvenile sanction
  677  and the department determines that the sanction is unsuitable
  678  for the child, the department shall return custody of the child
  679  to the sentencing court for further proceedings, including the
  680  imposition of adult sanctions. Upon adjudicating a child
  681  delinquent under subsection (1), the court may:
  682         1. Place the child in a probation program under the
  683  supervision of the department for an indeterminate period of
  684  time until the child reaches the age of 19 years or sooner if
  685  discharged by order of the court.
  686         2. Commit the child to the department for treatment in an
  687  appropriate program for children for an indeterminate period of
  688  time until the child is 21 or sooner if discharged by the
  689  department. The department shall notify the court of its intent
  690  to discharge no later than 14 days prior to discharge. Failure
  691  of the court to timely respond to the department’s notice shall
  692  be considered approval for discharge.
  693         3. Order disposition under ss. 985.435, 985.437, 985.439,
  694  985.441, 985.45, and 985.455 as an alternative to youthful
  695  offender or adult sentencing if the court determines not to
  696  impose youthful offender or adult sanctions.
  697  
  698  It is the intent of the Legislature that the criteria and
  699  guidelines in this subsection are mandatory and that a
  700  determination of disposition under this subsection is subject to
  701  the right of the child to appellate review under s. 985.534.
  702         Section 5. Subsection (54) of section 985.03, Florida
  703  Statutes, is amended to read:
  704         985.03 Definitions.—As used in this chapter, the term:
  705         (54) “Waiver hearing” means a hearing provided for under s.
  706  985.556(3) s. 985.556(4).
  707         Section 6. Subsection (1) of section 985.15, Florida
  708  Statutes, is amended to read:
  709         985.15 Filing decisions.—
  710         (1) The state attorney may in all cases take action
  711  independent of the action or lack of action of the juvenile
  712  probation officer and shall determine the action that is in the
  713  best interest of the public and the child. If the child meets
  714  the criteria requiring prosecution as an adult under s. 985.556,
  715  the state attorney shall request the court to transfer and
  716  certify the child for prosecution as an adult or shall provide
  717  written reasons to the court for not making such a request. In
  718  all other cases, The state attorney may:
  719         (a) File a petition for dependency;
  720         (b) File a petition under chapter 984;
  721         (c) File a petition for delinquency;
  722         (d) File a petition for delinquency with a motion to
  723  transfer and certify the child for prosecution as an adult;
  724         (e) File an information under s. 985.557;
  725         (f) Refer the case to a grand jury;
  726         (g) Refer the child to a diversionary, pretrial
  727  intervention, arbitration, or mediation program, or to some
  728  other treatment or care program if such program commitment is
  729  voluntarily accepted by the child or the child’s parents or
  730  legal guardian; or
  731         (h) Decline to file.
  732         Section 7. Subsection (5) of section 985.265, Florida
  733  Statutes, is amended to read:
  734         985.265 Detention transfer and release; education; adult
  735  jails.—
  736         (5) The court may shall order the delivery of a child to a
  737  jail or other facility intended or used for the detention of
  738  adults:
  739         (a) When the child has been transferred or indicted for
  740  criminal prosecution as an adult under part X, except that the
  741  court may not order or allow a child alleged to have committed a
  742  misdemeanor who is being transferred for criminal prosecution
  743  pursuant to either s. 985.556 or s. 985.557 to be detained or
  744  held in a jail or other facility intended or used for the
  745  detention of adults; however, such child may be held temporarily
  746  in a detention facility; or
  747         (b) When a child taken into custody in this state is wanted
  748  by another jurisdiction for prosecution as an adult.
  749  
  750  The child shall be housed separately from adult inmates to
  751  prohibit a child from having regular contact with incarcerated
  752  adults, including trusties. “Regular contact” means sight and
  753  sound contact. Separation of children from adults shall permit
  754  no more than haphazard or accidental contact. The receiving jail
  755  or other facility shall contain a separate section for children
  756  and shall have an adequate staff to supervise and monitor the
  757  child’s activities at all times. Supervision and monitoring of
  758  children includes physical observation and documented checks by
  759  jail or receiving facility supervisory personnel at intervals
  760  not to exceed 10 minutes. This subsection does not prohibit
  761  placing two or more children in the same cell. Under no
  762  circumstances shall a child be placed in the same cell with an
  763  adult.
  764         Section 8. For the purpose of incorporating the amendments
  765  made by this act to sections 985.557 and 985.56, Florida
  766  Statutes, in references thereto, paragraph (c) of subsection (2)
  767  of section 985.26, Florida Statutes, is reenacted to read:
  768         985.26 Length of detention.—
  769         (2)
  770         (c) A prolific juvenile offender under s. 985.255(1)(j)
  771  shall be placed on nonsecure detention care with electronic
  772  monitoring or in secure detention care under a special detention
  773  order until disposition. If secure detention care is ordered by
  774  the court, it must be authorized under this part and may not
  775  exceed:
  776         1. Twenty-one days unless an adjudicatory hearing for the
  777  case has been commenced in good faith by the court or the period
  778  is extended by the court pursuant to paragraph (b); or
  779         2. Fifteen days after the entry of an order of
  780  adjudication.
  781  
  782  As used in this paragraph, the term “disposition” means a
  783  declination to file under s. 985.15(1)(h), the entry of nolle
  784  prosequi for the charges, the filing of an indictment under s.
  785  985.56 or an information under s. 985.557, a dismissal of the
  786  case, or an order of final disposition by the court.
  787         Section 9. For the purpose of incorporating the amendment
  788  made by this act to section 985.565, Florida Statutes, in a
  789  reference thereto, subsection (3) of section 985.514, Florida
  790  Statutes, is reenacted to read:
  791         985.514 Responsibility for cost of care; fees.—
  792         (3) When the court under s. 985.565 orders any child
  793  prosecuted as an adult to be supervised by or committed to the
  794  department for treatment in any of the department’s programs for
  795  children, the court shall order the child’s parents to pay fees
  796  as provided in s. 985.039.
  797         Section 10. This act shall take effect July 1, 2018.