summary
Introduced
11/03/2025
11/03/2025
In Committee
11/12/2025
11/12/2025
Crossed Over
Passed
Dead
01/07/2026
01/07/2026
Introduced Session
2026 Regular Session
Bill Summary
An act relating to prosecuting children as adults; amending s. 985.265, F.S.; prohibiting a jail or other facility intended or used for the detention of adults from holding a child who has been transferred to adult court for criminal prosecution before a specified hearing is held to determine if the child should be prosecuted as an adult, unless the child waives his or her right to such hearing; amending s. 985.556, F.S.; deleting provisions requiring a state attorney to request a court to transfer and certify a child for prosecution as an adult or to provide written reasons to the court for not making such request, or to proceed under a specified provision; amending s. 985.557, F.S.; deleting references to the state attorney's discretion to direct file a juvenile; revising discretionary direct file criteria; requiring a court to advise a child and his or her parent or legal guardian of the child's right to a due process evidentiary hearing before a judge upon the filing by a state attorney of an information transferring the child to adult court; requiring that the child or the child's parent or legal guardian be afforded such hearing; requiring the judge to conduct the hearing within a certain timeframe; requiring the judge to hb295-00 consider specified information and factors during such hearing; authorizing the judge to consider, and certain parties to the action to examine, certain reports; providing for continued jurisdiction of the adult court with regard to the child unless the court makes a specified finding by a preponderance of the evidence; requiring the adult court to render an order that includes certain findings of fact; authorizing immediate review of the order; providing that the order is reviewable on appeal under specified rules; amending ss. 985.15 and 985.565, F.S.; conforming provisions to changes made by the act; amending s. 985.03, F.S.; conforming a cross-reference; providing an effective date.
AI Summary
This bill modifies Florida's juvenile justice laws to provide additional protections and due process for children who may be prosecuted as adults. The bill prohibits holding children in adult detention facilities before a hearing determines whether they should be tried as adults, and requires a comprehensive due process hearing when a state attorney seeks to transfer a juvenile to adult court. During this hearing, the judge must consider multiple factors about the child, including their maturity, mental health, personal history, the nature of the alleged offense, and potential for rehabilitation. The judge must make specific findings and can decide to keep the case in adult court or return it to juvenile court based on a preponderance of evidence. The bill removes previous mandatory transfer provisions that automatically sent certain juveniles to adult court and instead creates a more individualized assessment process. The hearing must be conducted within 30 days of filing, and the child and their parent or guardian have the right to examine reports and question witnesses. The bill aims to ensure that decisions about prosecuting children as adults are made carefully, with consideration of the child's developmental circumstances and potential for positive intervention. These changes will take effect on July 1, 2026.
Committee Categories
Justice
Sponsors (1)
Last Action
Withdrawn prior to introduction (on 01/07/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2026/295 |
| BillText | https://www.flsenate.gov/Session/Bill/2026/295/BillText/Filed/PDF |
Loading...