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FL S0876
Bill
Status
5/3/2019
Primary Sponsor
Criminal Justice
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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