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FL S0876

Bill

Status

Failed

5/3/2019

Primary Sponsor

Criminal Justice

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Removes mandatory direct file provisions and establishes that state attorneys may only discretionary direct file charges for children ages 14-15 and 16-17 who meet specific offense criteria, removing the requirement that prosecutors "shall" file in certain circumstances.

  • Requires an evidentiary hearing within 30 days before a judge for any child charged via direct file, where the court determines by preponderance of evidence whether prosecution in adult court is necessary for community protection, considering factors including the child's maturity, prior record, nature of offense, and rehabilitation prospects.

  • Prohibits children transferred to adult court via direct file from being held in adult jails or detention facilities prior to the court hearing that determines if they should remain in adult court.

  • Allows either prosecution or defense to seek immediate interlocutory appeal of the court's decision on whether a directly filed case should remain in adult court, with the order subject to appellate review under Florida Rules of Appellate Procedure.

  • Removes conspiracy as a chargeable offense category for discretionary direct file and eliminates provisions allowing mandatory sentencing as an adult for certain firearm-related offenses.

Legislative Description

Direct Filing of an Information

Last Action

Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

5/3/2019

Committee Referrals

Appropriations4/17/2019
Appropriations Subcommittee on Criminal and Civil Justice4/10/2019
Criminal Justice2/19/2019

Full Bill Text

No bill text available