Prosecuting Children as Adults

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A bill to be entitled 1
An act relating to prosecuting children as adults; 2
amending s. 985.265, F.S.; prohibiting a jail or other 3
facility intended or used for the detention of adults 4
from holding a child who has been transferred to adult 5
court for criminal prosecution before a specified 6
hearing is held to determine if the child should be 7
prosecuted as an adult, unless the child waives his or 8
her right to such hearing; amending s. 985.556, F.S.; 9
deleting provisions requiring a state attorney to 10
request a court to transfer and certify a child for 11
prosecution as an adult or to provide written reasons 12
to the court for not making such request, or to 13
proceed under a specified provision; amending s. 14
985.557, F.S.; deleting references to the state 15
attorney's discretion to direct file a juvenile; 16
revising discretionary direct file criteria; requiring 17
a court to advise a child and his or her parent or 18
legal guardian of the child's right to a due process 19
evidentiary hearing before a judge upon the filing by 20
a state attorney of an information transferring the 21
child to adult court; requiring that the child or the 22
child's parent or legal guardian be afforded such 23
hearing; requiring the judge to conduct the hearing 24
within a certain timeframe; requiring the judge to 25

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consider specified information and factors during such 26
hearing; authorizing the judge to consider, and 27
certain parties to the action to examine, certain 28
reports; providing for continued jurisdiction of the 29
adult court with regard to the child unless the court 30
makes a specified finding by a preponderance of the 31
evidence; requiring the adult court to render an order 32
that includes certain findings of fact; authorizing 33
immediate review of the order; providing that the 34
order is reviewable on appeal under specified rules; 35
amending ss. 985.15 and 985.565, F.S.; conforming 36
provisions to changes made by the act; amending s. 37
985.03, F.S.; conforming a cross-reference; providing 38
an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Subsection (5) of section 985.265, Florida 43
Statutes, is amended to read: 44
985.265 Detention transfer and release; education; adult 45
jails.— 46
(5) The court shall order the delivery of a child to a 47
jail or other facility intended or used for the detention of 48
adults: 49
(a) When the child has been transferred or indicted for 50

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criminal prosecution as an adult under part X, except that: 51
1. The court may not order or allow a child alleged to 52
have committed a misdemeanor who is being transferred for 53
criminal prosecution pursuant to either s. 985.556 or s. 985.557 54
to be detained or held in a jail or other facility intended or 55
used for the detention of adults; however, such child may be 56
held temporarily in a detention facility; and 57
2. A child who has been transferred for criminal 58
prosecution as an adult pursuant to s. 985.557 may not be held 59
in a jail or other facility intended or used for the detention 60
of adults before a court finding, as a result of a hearing under 61
s. 985.557(3), that the child should be prosecuted as an adult, 62
unless the child waives his or her right to such hearing; or 63
(b) When a child taken into custody in this state is 64
wanted by another jurisdiction for prosecution as an adult. 65
66
The child shall be housed separately from adult inmates to 67
prohibit a child from having regular contact with incarcerated 68
adults, including trusties. "Regular contact" means sight and 69
sound contact. Separation of children from adults shall permit 70
no more than haphazard or accidental contact. The receiving jail 71
or other facility shall contain a separate section for children 72
and shall have an adequate staff to supervise and monitor the 73
child's activities at all times. Supervision and monitoring of 74
children includes physical observation and documented checks by 75

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jail or receiving facility supervisory personnel at intervals 76
not to exceed 10 minutes. This subsection does not prohibit 77
placing two or more children in the same cell. Under no 78
circumstances shall a child be placed in the same cell with an 79
adult. 80
Section 2. Subsections (4) and (5) of section 985.556, 81
Florida Statutes, are renumbered as subsections (3) and (4), 82
respectively, and subsection (2) and present subsection (3) of 83
that section are amended to read: 84
985.556 Waiver of juvenile court jurisdiction; hearing.— 85
(2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided 86
in subsection (3), The state attorney may file a motion 87
requesting the court to transfer the child for criminal 88
prosecution if the child was 14 years of age or older at the 89
time the alleged delinquent act or violation of law was 90
committed. 91
(3) INVOLUNTARY MANDATORY WAIVER.— 92
(a) If the child was 14 years of age or older, and if the 93
child has been previously adjudicated delinquent for an act 94
classified as a felony, which adjudication was for the 95
commission of, attempt to commit, or conspiracy to commit 96
murder, sexual battery, armed or strong-armed robbery, 97
carjacking, home-invasion robbery, aggravated battery, 98
aggravated assault, or burglary with an assault or battery, and 99
the child is currently charged with a second or subsequent 100

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violent crime against a person; or 101
(b) If the child was 14 years of age or older at the time 102
of commission of a fourth or subsequent alleged felony offense 103
and the child was previously adjudicated delinquent or had 104
adjudication withheld for or was found to have committed, or to 105
have attempted or conspired to commit, three offenses that are 106
felony offenses if committed by an adult, and one or more of 107
such felony offenses involved the use or possession of a firearm 108
or violence against a person; 109
110
the state attorney shall request the court to transfer and 111
certify the child for prosecution as an adult or shall provide 112
written reasons to the court for not making such request, or 113
proceed under s. 985.557(1). Upon the state attorney's request, 114
the court shall either enter an order transferring the case and 115
certifying the case for trial as if the child were an adult or 116
provide written reasons for not issuing such an order. 117
Section 3. Section 985.557, Florida Statutes, is amended 118
to read: 119
985.557 Prosecuting children as adults Direct filing of an 120
information; discretionary criteria.— 121
(1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 122
FILE.— 123
(a) With respect to any child who was 14 or 15 years of 124
age at the time the alleged offense was committed, the state 125

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attorney may file an information when in the state attorney's 126
judgment and discretion the public interest requires that adult 127
sanctions be considered or imposed and when the offense charged 128
is for the commission of, attempt to commit, or conspiracy to 129
commit: 130
1. Arson; 131
2. Sexual battery; 132
3. Robbery; 133
4. Kidnapping; 134
5. Aggravated child abuse; 135
6. Aggravated assault; 136
7. Aggravated stalking; 137
8. Murder; 138
9. Manslaughter; 139
10. Unlawful throwing, placing, or discharging of a 140
destructive device or bomb; 141
11. Armed burglary in violation of s. 810.02(2)(b) or 142
specified burglary of a dwelling or structure in violation of s. 143
810.02(2)(c), or burglary with an assault or battery in 144
violation of s. 810.02(2)(a); 145
12. Aggravated battery; 146
13. Any lewd or lascivious offense committed upon or in 147
the presence of a person less than 16 years of age; 148
14. Carrying, displaying, using, threatening, or 149
attempting to use a weapon or firearm during the commission of a 150

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felony; 151
15. Grand theft in violation of s. 812.014(2)(a); 152
16. Possessing or discharging any weapon or firearm on 153
school property in violation of s. 790.115; 154
17. Home invasion robbery; 155
18. Carjacking; or 156
19. Grand theft of a motor vehicle in violation of s. 157
812.014(2)(c)6. or grand theft of a motor vehicle valued at 158
$20,000 or more in violation of s. 812.014(2)(b) if the child 159
has a previous adjudication for grand theft of a motor vehicle 160
in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 161
(b) With respect to any child who was 16 or 17 years of 162
age at the time the alleged forcible felony as defined in s. 163
776.08 offense was committed, the state attorney may file an 164
information when in the state attorney's judgment and discretion 165
the public interest requires that adult sanctions be considered 166
or imposed. However, the state attorney may not file an 167
information on a child charged with a misdemeanor, unless the 168
child has had at least two previous adjudications or 169
adjudications withheld for delinquent acts, one of which 170
involved an offense classified as a forcible felony as defined 171
in s. 776.08 under state law. 172
(2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon the filing by 173
the state attorney of an information transferring a child to 174
adult court, the court must advise the child and his or her 175

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parent or legal guardian that the child has the right to a due 176
process evidentiary hearing before a judge. 177
(3) DUE PROCESS EVIDENTIARY HEARING.—Notwithstanding any 178
other law, and in all cases, a child charged with a crime or his 179
or her parent or legal guardian must be afforded a due process 180
evidentiary hearing before a judge after the state attorney 181
files an information in adult court under this section. 182
(a) The judge shall conduct the hearing within 30 days 183
after the information is filed, excluding Saturdays, Sundays, 184
and legal holidays, unless the child or the child's attorney 185
shows good cause for a delay. The purpose of the hearing is for 186
the court to determine whether it is necessary for the 187
community's protection that the child be prosecuted in adult 188
court. The judge shall consider all of the following: 189
1. Evaluations and assessments completed by the 190
department. 191
2. The sophistication and maturity of the child, 192
including: 193
a. The effect, if any, of immaturity, impetuosity, or 194
failure to appreciate risks and consequences on the child's 195
participation in the alleged offense. 196
b. The child's age, maturity, intellectual capacity, and 197
mental and emotional health at the time of the alleged offense. 198
c. The effect, if any, of characteristics attributable to 199
the child's youth on his or her judgment. 200

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3. The record and previous history of the child, 201
including: 202
a. Previous contacts with the department, the Department 203
of Corrections, the Department of Children and Families, other 204
law enforcement agencies, and the courts. 205
b. Prior periods of probation. 206
c. Prior adjudications that the child committed a 207
delinquent act or violation of law, with greater weight being 208
given if a court previously found that the child committed a 209
delinquent act or violation of law involving violence to 210
persons. 211
d. Prior commitments to institutions of the department, 212
the Department of Corrections, or agencies under contract with 213
either department. 214
e. Any history of trauma, abuse or neglect, foster care 215
placements, failed adoption, fetal alcohol syndrome, exposure to 216
controlled substances at birth, or below-average intellectual 217
functioning. 218
f. Identification of the child as a student requiring 219
exceptional student education or having previously received 220
psychological services. 221
4. The nature of the alleged offense and the child's 222
participation in it, including: 223
a. Whether the alleged offense is punishable by death or 224
life imprisonment. 225

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b. Whether the alleged offense was against persons or 226
property. 227
c. Whether the alleged offense is alleged to have been 228
committed in an aggressive, violent, or premeditated manner. 229
d. The extent of the child's participation in the alleged 230
offense. 231
e. The effect, if any, of familial pressure or peer 232
pressure on the child's actions. 233
5. The prospects for adequate protection of the public and 234
the likelihood of reasonable rehabilitation of the child, if the 235
child is found to have committed the alleged offense: 236
a. By the use of procedures, services, and facilities 237
currently available to the juvenile court. 238
b. By the use of procedures, services, and facilities 239
currently available to the adult court, including whether the 240
lowest permissible sentence under the Criminal Punishment Code 241
is a nonstate prison sanction. 242
6. Whether the child could obtain habilitative or 243
rehabilitative services available in the juvenile justice 244
system. 245
7. Whether the child could receive a sentence in juvenile 246
court which would provide adequate safety and protection for the 247
community. 248
8. Whether the child's best interests would be served by 249
prosecuting the child in juvenile court. 250

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(b) The judge may consider any reports that may assist the 251
court, including prior predisposition reports, psychosocial 252
assessments, individual educational plans, developmental 253
assessments, school records, abuse or neglect reports, home 254
studies, protective investigations, and psychological and 255
psychiatric evaluations. The child, the child's parent or legal 256
guardian, the child's defense counsel, and the state attorney 257
may examine these reports and, at the hearing, question the 258
parties responsible for creating such reports. 259
(c) The adult court shall retain jurisdiction unless the 260
court finds by a preponderance of the evidence that the factors 261
listed in paragraph (a) support returning the child to juvenile 262
court. 263
(d) The adult court shall render an order that includes 264
specific findings of fact and the reasons for its decision. The 265
prosecution or defense may seek immediate review of the order 266
through interlocutory appeal. The order is reviewable on appeal 267
under the Florida Rules of Appellate Procedure. 268
(4)(2) EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT 269
FILE.— 270
(a) Once a child has been transferred for criminal 271
prosecution pursuant to an information and has been found to 272
have committed the presenting offense or a lesser included 273
offense, the child shall be handled thereafter in every respect 274
as if an adult for any subsequent violation of state law, unless 275

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the court imposes juvenile sanctions under s. 985.565. 276
(b) When a child is transferred for criminal prosecution 277
as an adult, the court shall immediately transfer and certify to 278
the adult circuit court all felony cases pertaining to the 279
child, for prosecution of the child as an adult, which have not 280
yet resulted in a plea of guilty or nolo contendere or in which 281
a finding of guilt has not been made. If a child is acquitted of 282
all charged offenses or lesser included offenses contained in 283
the original case transferred to adult court, all felony cases 284
that were transferred to adult court as a result of this 285
paragraph shall be subject to the same penalties to which such 286
cases would have been subject before being transferred to adult 287
court. 288
(c) When a child has been transferred for criminal 289
prosecution as an adult and has been found to have committed a 290
violation of state law, the disposition of the case may be made 291
under s. 985.565 and may include the enforcement of any 292
restitution ordered in any juvenile proceeding. 293
(5)(3) CHARGES THAT MAY BE INCLUDED IN INFORMATION.—An 294
information filed pursuant to this section may include all 295
charges that are based on the same act, criminal episode, or 296
transaction as the primary offenses. 297
Section 4. Subsection (1) of section 985.15, Florida 298
Statutes, is amended to read: 299
985.15 Filing decisions.— 300

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(1) The state attorney may in all cases take action 301
independent of the action or lack of action of the juvenile 302
probation officer and shall determine the action that is in the 303
best interest of the public and the child. If the child meets 304
the criteria requiring prosecution as an adult under s. 985.556, 305
the state attorney shall request the court to transfer and 306
certify the child for prosecution as an adult or shall provide 307
written reasons to the court for not making such a request. In 308
all other cases, The state attorney may: 309
(a) File a petition for dependency; 310
(b) File a petition under chapter 984; 311
(c) File a petition for delinquency; 312
(d) File a petition for delinquency with a motion to 313
transfer and certify the child for prosecution as an adult; 314
(e) File an information under s. 985.557; 315
(f) Refer the case to a grand jury; 316
(g) Refer the child to a diversionary, pretrial 317
intervention, arbitration, or mediation program, or to some 318
other treatment or care program if such program commitment is 319
voluntarily accepted by the child or the child's parents or 320
legal guardian; or 321
(h) Decline to file. 322
Section 5. Paragraphs (a) and (b) of subsection (4) of 323
section 985.565, Florida Statutes, are amended to read: 324
985.565 Sentencing powers; procedures; alternatives for 325

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juveniles prosecuted as adults.— 326
(4) SENTENCING ALTERNATIVES.— 327
(a) Adult sanctions.— 328
1. Cases prosecuted on indictment.—If the child is found 329
to have committed the offense punishable by death or life 330
imprisonment, the child shall be sentenced as an adult. If the 331
juvenile is not found to have committed the indictable offense 332
but is found to have committed a lesser included offense or any 333
other offense for which he or she was indicted as a part of the 334
criminal episode, the court may sentence as follows: 335
a. As an adult; 336
b. Under chapter 958; or 337
c. As a juvenile under this section. 338
2. Other cases.—If a child who has been transferred for 339
criminal prosecution pursuant to information or waiver of 340
juvenile court jurisdiction is found to have committed a 341
violation of state law or a lesser included offense for which he 342
or she was charged as a part of the criminal episode, the court 343
may sentence as follows: 344
a. As an adult; 345
b. Under chapter 958; or 346
c. As a juvenile under this section. 347
3. Notwithstanding any other provision to the contrary, if 348
the state attorney is required to file a motion to transfer and 349
certify the juvenile for prosecution as an adult under s. 350

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985.556(3) and that motion is granted, the court must impose 351
adult sanctions. 352
3.4. Any sentence imposing adult sanctions is presumed 353
appropriate, and the court is not required to set forth specific 354
findings or enumerate the criteria in this subsection as any 355
basis for its decision to impose adult sanctions. 356
4.5. When a child has been transferred for criminal 357
prosecution as an adult and has been found to have committed a 358
violation of state law, the disposition of the case may include 359
the enforcement of any restitution ordered in any juvenile 360
proceeding. 361
(b) Juvenile sanctions.—For juveniles transferred to adult 362
court but who do not qualify for such transfer under s. 363
985.556(3), the court may impose juvenile sanctions under this 364
paragraph. If juvenile sentences are imposed, the court shall, 365
under this paragraph, adjudge the child to have committed a 366
delinquent act. Adjudication of delinquency may not be deemed a 367
conviction, nor shall it operate to impose any of the civil 368
disabilities ordinarily resulting from a conviction. The court 369
shall impose an adult sanction or a juvenile sanction and may 370
not sentence the child to a combination of adult and juvenile 371
punishments. An adult sanction or a juvenile sanction may 372
include enforcement of an order of restitution or probation 373
previously ordered in any juvenile proceeding. However, if the 374
court imposes a juvenile sanction and the department determines 375

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that the sanction is unsuitable for the child, the department 376
shall return custody of the child to the sentencing court for 377
further proceedings, including the imposition of adult 378
sanctions. Upon adjudicating a child delinquent under subsection 379
(1), the court may: 380
1. Place the child in a probation program under the 381
supervision of the department for an indeterminate period of 382
time until the child reaches the age of 19 years or sooner if 383
discharged by order of the court. 384
2. Commit the child to the department for treatment in an 385
appropriate program for children for an indeterminate period of 386
time until the child is 21 or sooner if discharged by the 387
department. The department shall notify the court of its intent 388
to discharge no later than 14 days before discharge. Failure of 389
the court to timely respond to the department's notice shall be 390
considered approval for discharge. 391
3. Order disposition under ss. 985.435, 985.437, 985.439, 392
985.441, 985.45, and 985.455 as an alternative to youthful 393
offender or adult sentencing if the court determines not to 394
impose youthful offender or adult sanctions. 395
396
It is the intent of the Legislature that the criteria and 397
guidelines in this subsection are mandatory and that a 398
determination of disposition under this subsection is subject to 399
the right of the child to appellate review under s. 985.534. 400

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Section 6. Subsection (55) of section 985.03, Florida 401
Statutes, is amended to read: 402
985.03 Definitions.—As used in this chapter, the term: 403
(55) "Waiver hearing" means a hearing provided for under 404
s. 985.556(3) s. 985.556(4). 405
Section 7. This act shall take effect July 1, 2026. 406