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Florida Senate
-
2026
SB 918
By
Senator Bracy Davis
15-00946-26 2026918__
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 985.455, F.S.; requiring a court to determine, for any
4 delinquent child committed to the Department of
5 Juvenile Justice, the minimum period of time rather
6 than an indeterminate period of time for the child to
7 remain in a commitment program; requiring that the
8 delinquent child remain in the commitment program
9 until he or she has completed it; revising provisions
10 relating to an objective performance-based treatment
11 plan; deleting a prohibition on extending a child’s
12 length of stay in the program for purposes of sanction
13 or punishment; amending s. 985.465, F.S.; revising the
14 age at which children who have been adjudicated on
15 specified offenses may be committed to maximum-risk
16 residential facilities to include children who are at
17 least 10 years of age; conforming provisions to
18 changes made by the act; reenacting ss. 985.35(4)(b)
19 and 985.565(4)(b), F.S., relating to adjudicatory
20 hearings for children and sentencing alternatives for
21 juveniles prosecuted as adults, respectively, to
22 incorporate the amendment made to s. 985.455, F.S., in
23 references thereto; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (3) of section 985.455, Florida
28 Statutes, is amended to read:
29 985.455 Other dispositional issues.—
30 (3)
For
any commitment of a delinquent child to the
31 department
,
a court shall determine the minimum period of time
32
for the delinquent child to remain in a commitment program. A
33
delinquent child committed to the department must remain in the
34
commitment program until he or she has completed it.
must be for
35
an indeterminate period of time, which may include periods of
36
temporary release
;
However, the period of time may not exceed
37 the maximum term of imprisonment that an adult may serve for the
38 same offense. The
child must have an
duration of the child’s
39
placement in a commitment program of any restrictiveness level
40
shall be based on
objective performance-based treatment
plan
41
while in the commitment of the program
planning
. The child’s
42 treatment plan progress and adjustment-related issues shall be
43 reported to the court quarterly, unless the court requests
44 monthly reports. If the child is under the jurisdiction of a
45 dependency court, the court may receive and consider any
46 information provided by the Statewide Guardian ad Litem Office
47 or the child’s attorney ad litem, if one is appointed. The
48 child’s length of stay in a commitment program may be extended
49 if the child fails to comply with or participate in treatment
50 activities.
The child’s length of stay in the program shall not
51
be extended for purposes of sanction or punishment.
Any
52 temporary release from such program must be approved by the
53 court. Any child so committed may be discharged from
54 institutional confinement or a program upon the direction of the
55 department with the concurrence of the court. The child’s
56 treatment plan progress and adjustment-related issues must be
57 communicated to the court at the time the department requests
58 the court to consider releasing the child from the commitment
59 program. The department shall give the court that committed the
60 child to the department reasonable notice, in writing, of its
61 desire to discharge the child from a commitment facility. The
62 court that committed the child may thereafter accept or reject
63 the request. If the court does not respond within 10 days after
64 receipt of the notice, the request of the department shall be
65 deemed granted. This section does not limit the department’s
66 authority to revoke a child’s temporary release status and
67 return the child to a commitment facility for any violation of
68 the terms and conditions of the temporary release.
69 Section 2. Section 985.465, Florida Statutes, is amended to
70 read:
71 985.465 Maximum-risk residential facilities.—A maximum-risk
72 residential facility is a physically secure residential
73 commitment program with a designated length of stay from 18
74 months to 36 months, primarily serving children
10
13
years of
75 age to 19 years of age or until the jurisdiction of the court
76 expires. Each child committed to this level must meet one of the
77 following criteria:
78 (1)
The child is at least 1
0
years of age at the time of
79
the disposition for the current offense and has been adjudicated
80
on the current offense for
murder or manslaughter.
81
(2)
The child is at least 13 years of age at the time of
82 the disposition for the current offense and has been adjudicated
83 on the current offense for:
84 (a) Arson;
85 (b) Sexual battery;
86 (c) Robbery;
87 (d) Kidnapping;
88 (e) Aggravated child abuse;
89 (f) Aggravated assault;
90 (g) Aggravated stalking;
91 (h)
Murder;
92
(i) Manslaughter;
93
(j)
Unlawful throwing, placing, or discharging of a
94 destructive device or bomb;
95
(i)
(k)
Armed burglary;
96
(j)
(l)
Aggravated battery;
97
(k)
(m)
Carjacking;
98
(l)
(n)
Home-invasion robbery;
99
(m)
(o)
Burglary with an assault or battery;
100
(n)
(p)
Any lewd or lascivious offense committed upon or in
101 the presence of a person less than 16 years of age; or
102
(o)
(q)
Carrying, displaying, using, threatening to use, or
103 attempting to use a weapon or firearm during the commission of a
104 felony.
105
(3)
(2)
The child is at least 13 years of age at the time of
106 the disposition, the current offense is a felony, and the child
107 has previously been committed three or more times to a
108 delinquency commitment program.
109
(4)
(3)
The child is at least 13 years of age and is
110 currently committed for a felony offense and transferred from a
111 moderate-risk or high-risk residential commitment placement.
112
(5)
(4)
The child is at least 13 years of age at the time of
113 the disposition for the current offense, the child is eligible
114 for prosecution as an adult for the current offense, and the
115 current offense is ranked at level 7 or higher on the Criminal
116 Punishment Code offense severity ranking chart pursuant to s.
117 921.0022.
118 Section 3. For the purpose of incorporating the amendment
119 made by this act to section 985.455, Florida Statutes, in a
120 reference thereto, paragraph (b) of subsection (4) of section
121 985.35, Florida Statutes, is reenacted to read:
122 985.35 Adjudicatory hearings; withheld adjudications;
123 orders of adjudication.—
124 (4) If the court finds that the child named in the petition
125 has committed a delinquent act or violation of law, it may, in
126 its discretion, enter an order stating the facts upon which its
127 finding is based but withholding adjudication of delinquency.
128 (b) If the child is attending public school and the court
129 finds that the victim or a sibling of the victim in the case was
130 assigned to attend or is eligible to attend the same school as
131 the child, the court order shall include a finding pursuant to
132 the proceedings described in s. 985.455, regardless of whether
133 adjudication is withheld.
134 Section 4. For the purpose of incorporating the amendment
135 made by this act to section 985.455, Florida Statutes, in a
136 reference thereto, paragraph (b) of subsection (4) of section
137 985.565, Florida Statutes, is reenacted to read:
138 985.565 Sentencing powers; procedures; alternatives for
139 juveniles prosecuted as adults.—
140 (4) SENTENCING ALTERNATIVES.—
141 (b)
Juvenile sanctions.
—For juveniles transferred to adult
142 court but who do not qualify for such transfer under s.
143 985.556(3), the court may impose juvenile sanctions under this
144 paragraph. If juvenile sentences are imposed, the court shall,
145 under this paragraph, adjudge the child to have committed a
146 delinquent act. Adjudication of delinquency may not be deemed a
147 conviction, nor shall it operate to impose any of the civil
148 disabilities ordinarily resulting from a conviction. The court
149 shall impose an adult sanction or a juvenile sanction and may
150 not sentence the child to a combination of adult and juvenile
151 punishments. An adult sanction or a juvenile sanction may
152 include enforcement of an order of restitution or probation
153 previously ordered in any juvenile proceeding. However, if the
154 court imposes a juvenile sanction and the department determines
155 that the sanction is unsuitable for the child, the department
156 shall return custody of the child to the sentencing court for
157 further proceedings, including the imposition of adult
158 sanctions. Upon adjudicating a child delinquent under subsection
159 (1), the court may:
160 1. Place the child in a probation program under the
161 supervision of the department for an indeterminate period of
162 time until the child reaches the age of 19 years or sooner if
163 discharged by order of the court.
164 2. Commit the child to the department for treatment in an
165 appropriate program for children for an indeterminate period of
166 time until the child is 21 or sooner if discharged by the
167 department. The department shall notify the court of its intent
168 to discharge no later than 14 days before discharge. Failure of
169 the court to timely respond to the department’s notice shall be
170 considered approval for discharge.
171 3. Order disposition under ss. 985.435, 985.437, 985.439,
172 985.441, 985.45, and 985.455 as an alternative to youthful
173 offender or adult sentencing if the court determines not to
174 impose youthful offender or adult sanctions.
175
176 It is the intent of the Legislature that the criteria and
177 guidelines in this subsection are mandatory and that a
178 determination of disposition under this subsection is subject to
179 the right of the child to appellate review under s. 985.534.
180 Section 5. This act shall take effect July 1, 2026.