SECTION 985.557. Direct filing of an information; discretionary criteria.
Latest version.
1(1) 2DISCRETIONARY DIRECT FILE.5-
6(a) 7With respect to any child who was 14 or 15 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed and when the offense charged is for the commission of, attempt to commit, or conspiracy to commit:
711. 72Arson;
732. 74Sexual battery;
763. 77Robbery;
784. 79Kidnapping;
805. 81Aggravated child abuse;
846. 85Aggravated assault;
877. 88Aggravated stalking;
908. 91Murder;
929. 93Manslaughter;
9410. 95Unlawful throwing, placing, or discharging of a destructive device or bomb;
10611. 107Armed burglary in violation of s. 113810.02(2)(b)114or specified burglary of a dwelling or structure in violation of s. 126810.02(2)(c), 127or burglary with an assault or battery in violation of s. 138810.02(2)(a);
13912. 140Aggravated battery;
14213. 143Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age;
16314. 164Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony;
19016. 191Possessing or discharging any weapon or firearm on school property in violation of s. 205790.115;
20617. 207Home invasion robbery;
21018. 211Carjacking; or
21319. 214Grand theft of a motor vehicle in violation of s. 224812.014(2)(c)6225. or grand theft of a motor vehicle valued at $20,000 or more in violation of s. 243812.014(2)(b)244if the child has a previous adjudication for grand theft of a motor vehicle in violation of s. 262812.014(2)(c)6263. or s. 266812.014(2)(b)267.
268(b) 269With respect to any child who was 16 or 17 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed. However, the state attorney may not file an information on a child charged with a misdemeanor, unless the child has had at least two previous adjudications or adjudications withheld for delinquent acts, one of which involved an offense classified as a felony under state law.
361(2) 362EFFECT OF DIRECT FILE.366-
367(a) 368Once a child has been transferred for criminal prosecution pursuant to an information and has been found to have committed the presenting offense or a lesser included offense, the child shall be handled thereafter in every respect as if an adult for any subsequent violation of state law, unless the court imposes juvenile sanctions under s. 424985.565425.
426(b) 427When a child is transferred for criminal prosecution as an adult, the court shall immediately transfer and certify to the adult circuit court all felony cases pertaining to the child, for prosecution of the child as an adult, which have not yet resulted in a plea of guilty or nolo contendere or in which a finding of guilt has not been made. If a child is acquitted of all charged offenses or lesser included offenses contained in the original case transferred to adult court, all felony cases that were transferred to adult court as a result of this paragraph shall be subject to the same penalties to which such cases would have been subject before being transferred to adult court.
547(c) 548When a child has been transferred for criminal prosecution as an adult and has been found to have committed a violation of state law, the disposition of the case may be made under s. 582985.565583and may include the enforcement of any restitution ordered in any juvenile proceeding.
596(3) 597An information filed pursuant to this section may include all charges that are based on the same act, criminal episode, or transaction as the primary offenses.
