Legislation filed ahead of Session seeks to reform the process by which juveniles are prosecuted as adults, removing state attorneys’ discretion to transfer minors without judicial oversight.
House Bill 613, introduced by Rep. Dianne Hart, would prohibit prosecutors from unilaterally charging juveniles in adult court through direct file, instead requiring a judge to determine whether such a transfer is necessary.
The legislation mandates that before a minor can be prosecuted as an adult, a court must hold a due process evidentiary hearing to evaluate factors including the child’s maturity, criminal history, and the circumstances of the alleged offense. Prosecutors, defense counsel, and parents must be notified and given the opportunity to present evidence.
Under the bill, juveniles would not be housed in adult jails before a transfer decision is made unless they waive their right to a hearing. If held in an adult facility, they must be housed separately from adult inmates and subject to documented monitoring every 10 minutes.
“Our justice system should protect and rehabilitate our children, not fast-track them into a system designed for adults. House Bill 613 is about ensuring fairness, due process, and second chances for Florida’s youth,” said Hart. “This legislation is about recognizing that children have the potential to change. When we treat children like adults in the criminal justice system, we strip them of the opportunity to learn, grow, and rebuild their lives.”
An identical companion bill has been filed in the Florida Senate by Sen. Darryl Rouson. If enacted, the legislation would be put into effect July 1, 2025.
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