FL H0613

Requires a mandatory due process evidentiary hearing before a judge whenever a state attorney files an information transferring a child to adult court, with the hearing to be held within 30 days of the request unless good cause for delay is shown.

Prohibits holding a child transferred to adult court in an adult jail or detention facility until the evidentiary hearing results in a finding that the child should be prosecuted as an adult, unless the child waives the right to the hearing.

Requires the judge at the evidentiary hearing to consider specific factors including the child's maturity and mental health, history of trauma or abuse, nature of the offense, prospects for rehabilitation, availability of juvenile justice services, and whether the child's best interests would be served by juvenile court prosecution.

Eliminates the "involuntary mandatory waiver" provision that previously required state attorneys to request adult transfer for children age 14+ with prior serious felony adjudications, and narrows discretionary direct file for 16- and 17-year-olds to only forcible felonies as defined in s. 776.08.

Places the burden on the defense to show by a preponderance of the evidence that the statutory factors support returning the child to juvenile court, with the adult court retaining jurisdiction by default; the court's order must include specific findings of fact and is subject to interlocutory appeal. Effective date: July 1, 2025.