Florida

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Fla. Stat., Tit. XLVII, Sec. 985.226

Fla. Rules of Juv. Proc., Rule 8.105

At the request of the State's Attorney in the case of a child of at least 14, the juvenile court must hold a hearing to determine whether the child should be transferred for criminal prosecution. Prior to the hearing, the Department of Juvenile Justice must conduct a study and submit a report to the court regarding the child; all parties are entitled to question the author of the report at the hearing. The law lists a number of factors to be considered by the court in making the transfer determination and mandates that any order to transfer a child for criminal prosecution be supported by written findings of fact with respect to each such factor.



In the case of a child of at least 14 who has previously been adjudicated delinquent for any of a number of listed offenses (murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, or aggravated assault), the State's Attorney must either file a motion requesting a transfer or make use of the direct file procedures (see Direct File). If a child of at least 14 is accused of a felony and has at least 3 previous adjudications for committing, attempting, or conspiring to commit felonies, one or more of which involved use or possession of a firearm or violence against a person, the State's Attorney must either make use of the direct file procedures (see Direct File), file a motion requesting a transfer, or provide the court with written reasons for failing to do so. If the State's Attorney does request a transfer, the juvenile court must either grant it or provide written reasons for not doing so. [Note—This procedure is described in the law under the heading "Mandatory involuntary waiver," but clearly it is not mandatory in a literal sense, since a judge wishing to retain jurisdiction need do no more than "provide written reasons."]


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any offense.


Direct File Fla. Stat., Tit. XLVII, Sec. 985.227

Charges may be filed directly in the circuit court's criminal division whenever, in the State's Attorney's "judgment and discretion," the public interest requires it. (Note—While the law gives the State's Attorney discretion here, one who declines the option may be formally obliged to move for a transfer in juvenile court, or at least to provide the court with written reasons for failing to do so; see Discretionary Waiver.)



In addition, if a child is accused of a capital offense, the State's Attorney may present the case to a grand jury and seek an indictment. If the State's Attorney does not wish to seek an indictment, or if the grand jury does not return an indictment, the State's Attorney may inform the court in writing to that effect and the case will proceed in juvenile court. If the State's Attorney gets an indictment, the child will be tried as an adult not only for the capital offense but also for any included offenses.


Offense Category Minimum Age Offense Detail

Any Criminal 16 Any felony; misdemeanor with 2 prior adjudications, 1 for a felony.

Capital None specified Any offense punishable by death or life imprisonment.

Murder 14 Murder, manslaughter.

Person 14 Sexual battery, robbery, kidnapping, aggravated child abuse, aggravated assault, aggravated stalking, aggravated battery, lewd or lascivious assault or act in the presence of a child.

Property 14 Arson, armed burglary, burglary involving damage to a dwelling or structure, grand theft.

Weapon 14 Carrying, displaying, using, threatening, or attempting to use a weapon during the commission of a felony; unlawful throwing, placing, or discharging of a destructive device or bomb.


Statutory Exclusion Fla. Stat., Tit. XLVII, Sec. 985.227

The State's Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute.


Offense Category Minimum Age Offense Detail

Any Criminal None specified Any criminal offense if 3 or more prior felony adjudications and resulting in 3 or more prior commitments.

Person None Specified/16 None specified—Involvement (either as a driver or willing passenger) in a motor vehicle theft that results in serious injury to a person not involved in the underlying offense.

16—Any violent crime against a person, if committed by someone already adjudicated for murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, or aggravated assault.


Once an Adult, Always Sec. 985.227; 225 Fla. Stat., Tit. XLVII,

Sec. 985.226

A child who has been convicted and sentenced as an adult is thereafter "handled in every respect as an adult for any subsequent violation of state law."