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FL S0840

Bill

Status

Failed

5/5/2023

Primary Sponsor

Bobby Powell

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Prohibits holding a child transferred to adult court in an adult jail or detention facility until after a due process evidentiary hearing determines the child should be prosecuted as an adult, unless the child waives the right to such hearing

  • Eliminates the "involuntary mandatory waiver" provision that previously required state attorneys to request transfer of certain repeat juvenile felony offenders (age 14+) to adult court or provide written reasons for not doing so

  • Restricts discretionary direct file by state attorneys to children aged 16 or 17 who are charged with forcible felonies (as defined in s. 776.08), removing the previous authority to direct file on children aged 14 or 15

  • Requires a mandatory due process evidentiary hearing within 30 days after a child is transferred to adult court, at which a judge must consider the child's maturity, trauma history, nature of the offense, rehabilitation prospects, and whether juvenile court services would adequately protect the community

  • Places the burden on the defense to show by a preponderance of the evidence that factors support returning the child to juvenile court; requires the adult court's order to include specific findings of fact, with both sides permitted to seek immediate interlocutory appeal

Legislative Description

Prosecuting Children as Adults

Last Action

Died in Criminal Justice

5/5/2023

Full Bill Text

No bill text available