May 2019: Legislation
This year’s legislative session ended on May 4, 2019. The following bill passed and has been sent to the governor:
CS/HB 7125: The repeal of mandatory direct file is now part of this larger omnibus criminal justice bill (CS/HB 7125), which passed both chambers, and was enrolled/sent to the Governor. Repeal of mandatory direct file is included within the last few sections of the bill at section 75-section 76 (pgs. 289-292). CS/HB 7125 repeals all mandatory direct file provisions. Under the bill, a state attorney may direct file an information against a child who qualifies for discretionary direct file by:
- Committing an enumerated offense as a 14 or 15 year old;
- Committing a felony as a 16 or 17 year old; or
- Committing a misdemeanor with certain prior offenses. The bill does not change the judicial waiver or grand jury indictment transfer of juvenile as adult methods.
Other major provisions of the omnibus criminal justice reform bill are:
- Creates & revises numerous provisions relating to public safety including increases in threshold amounts for certain theft offenses; elimination or reduction of length of driver license revocation for certain offenses;
- Creates & revises provisions relating to expungement & sealing of records; revises provisions relating to inmate transitional assistance; revises provisions relating to probation violations; revises provisions relating to crime victim assistance;
- Revises provisions requiring mandatory direct file of juvenile offenders as adults for specified offenses.
- Revises youthful offender sentencing eligibility.
Additional Trauma resources for judges.
To better understand trauma and how to successfully address issues related to trauma in the courtroom, the following resources are essential reading:
Family Court Tool Kit: Trauma and Child Development - developed by the Florida Supreme Court Steering Committee on Families and Children in the Court (Link is to the Court Implications section of the tool kit.)
Bench Card for the Trauma-Informed Judge - developed by the National Child Traumatic Stress Network and the National Council of Juvenile and Family Court Judges)
10 Things Every Juvenile Court Judge Should Know about Trauma and Delinquency - developed by the National Council of Juvenile and Family Court Judges
Essential Elements of a Trauma-Informed Juvenile Justice System - developed by the National Child Traumatic Stress Network