THE BILL ITSELF
SB 918
Juvenile Justice
Florida Senate - 2026 SB 918 By Senator Bracy Davis 15-00946-26 2026918__
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A bill to be entitled
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An act relating to juvenile justice; amending s.
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985.455, F.S.; requiring a court to determine, for any
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delinquent child committed to the Department of
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Juvenile Justice, the minimum period of time rather
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than an indeterminate period of time for the child to
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remain in a commitment program; requiring that the
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delinquent child remain in the commitment program
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until he or she has completed it; revising provisions
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relating to an objective performance-based treatment
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plan; deleting a prohibition on extending a child’s
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length of stay in the program for purposes of sanction
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or punishment; amending s. 985.465, F.S.; revising the
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age at which children who have been adjudicated on
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specified offenses may be committed to maximum-risk
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residential facilities to include children who are at
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least 10 years of age; conforming provisions to
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changes made by the act; reenacting ss. 985.35(4)(b)
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and 985.565(4)(b), F.S., relating to adjudicatory
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hearings for children and sentencing alternatives for
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juveniles prosecuted as adults, respectively, to
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incorporate the amendment made to s. 985.455, F.S., in
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references thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 985.455, Florida
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Statutes, is amended to read:
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985.455 Other dispositional issues.—
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(3) For any commitment of a delinquent child to the
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department , a court shall determine the minimum period of time
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for the delinquent child to remain in a commitment program. A
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delinquent child committed to the department must remain in the
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commitment program until he or she has completed it. must be for
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an indeterminate period of time, which may include periods of
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temporary release; However, the period of time may not exceed
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the maximum term of imprisonment that an adult may serve for the
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same offense. The child must have an duration of the child’s
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placement in a commitment program of any restrictiveness level
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shall be based on objective performance-based treatment plan
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while in the commitment of the program planning . The child’s
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treatment plan progress and adjustment-related issues shall be
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reported to the court quarterly, unless the court requests
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monthly reports. If the child is under the jurisdiction of a
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dependency court, the court may receive and consider any
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information provided by the Statewide Guardian ad Litem Office
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or the child’s attorney ad litem, if one is appointed. The
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child’s length of stay in a commitment program may be extended
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if the child fails to comply with or participate in treatment
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activities. The child’s length of stay in the program shall not
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be extended for purposes of sanction or punishment. Any
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temporary release from such program must be approved by the
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court. Any child so committed may be discharged from
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institutional confinement or a program upon the direction of the
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department with the concurrence of the court. The child’s
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treatment plan progress and adjustment-related issues must be
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communicated to the court at the time the department requests
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the court to consider releasing the child from the commitment
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program. The department shall give the court that committed the
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child to the department reasonable notice, in writing, of its
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desire to discharge the child from a commitment facility. The
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court that committed the child may thereafter accept or reject
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the request. If the court does not respond within 10 days after
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receipt of the notice, the request of the department shall be
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deemed granted. This section does not limit the department’s
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authority to revoke a child’s temporary release status and
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return the child to a commitment facility for any violation of
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the terms and conditions of the temporary release.
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Section 2. Section 985.465, Florida Statutes, is amended to
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read:
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985.465 Maximum-risk residential facilities.—A maximum-risk
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residential facility is a physically secure residential
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commitment program with a designated length of stay from 18
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months to 36 months, primarily serving children 10 13 years of
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age to 19 years of age or until the jurisdiction of the court
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expires. Each child committed to this level must meet one of the
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following criteria:
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(1) The child is at least 10 years of age at the time of
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the disposition for the current offense and has been adjudicated
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on the current offense for murder or manslaughter.
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(2) The child is at least 13 years of age at the time of
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the disposition for the current offense and has been adjudicated
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on the current offense for:
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(a) Arson;
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(b) Sexual battery;
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(c) Robbery;
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(d) Kidnapping;
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(e) Aggravated child abuse;
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(f) Aggravated assault;
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(g) Aggravated stalking;
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(h) Murder;
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(i) Manslaughter;
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(j) Unlawful throwing, placing, or discharging of a
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destructive device or bomb;
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(i) (k) Armed burglary;
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(j) (l) Aggravated battery;
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(k) (m) Carjacking;
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(l) (n) Home-invasion robbery;
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(m) (o) Burglary with an assault or battery;
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(n) (p) Any lewd or lascivious offense committed upon or in
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the presence of a person less than 16 years of age; or
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(o) (q) Carrying, displaying, using, threatening to use, or
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attempting to use a weapon or firearm during the commission of a
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felony.
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(3) (2) The child is at least 13 years of age at the time of
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the disposition, the current offense is a felony, and the child
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has previously been committed three or more times to a
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delinquency commitment program.
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(4) (3) The child is at least 13 years of age and is
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currently committed for a felony offense and transferred from a
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moderate-risk or high-risk residential commitment placement.
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(5) (4) The child is at least 13 years of age at the time of
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the disposition for the current offense, the child is eligible
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for prosecution as an adult for the current offense, and the
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current offense is ranked at level 7 or higher on the Criminal
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Punishment Code offense severity ranking chart pursuant to s.
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921.0022.
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Section 3. For the purpose of incorporating the amendment
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made by this act to section 985.455, Florida Statutes, in a
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reference thereto, paragraph (b) of subsection (4) of section
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985.35, Florida Statutes, is reenacted to read:
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985.35 Adjudicatory hearings; withheld adjudications;
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orders of adjudication.—
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(4) If the court finds that the child named in the petition
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has committed a delinquent act or violation of law, it may, in
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its discretion, enter an order stating the facts upon which its
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finding is based but withholding adjudication of delinquency.
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(b) If the child is attending public school and the court
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finds that the victim or a sibling of the victim in the case was
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assigned to attend or is eligible to attend the same school as
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the child, the court order shall include a finding pursuant to
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the proceedings described in s. 985.455, regardless of whether
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adjudication is withheld.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 985.455, Florida Statutes, in a
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reference thereto, paragraph (b) of subsection (4) of section
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985.565, Florida Statutes, is reenacted to read:
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985.565 Sentencing powers; procedures; alternatives for
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juveniles prosecuted as adults.—
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(4) SENTENCING ALTERNATIVES.—
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(b) Juvenile sanctions.—For juveniles transferred to adult
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court but who do not qualify for such transfer under s.
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985.556(3), the court may impose juvenile sanctions under this
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paragraph. If juvenile sentences are imposed, the court shall,
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under this paragraph, adjudge the child to have committed a
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delinquent act. Adjudication of delinquency may not be deemed a
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conviction, nor shall it operate to impose any of the civil
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disabilities ordinarily resulting from a conviction. The court
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shall impose an adult sanction or a juvenile sanction and may
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not sentence the child to a combination of adult and juvenile
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punishments. An adult sanction or a juvenile sanction may
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include enforcement of an order of restitution or probation
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previously ordered in any juvenile proceeding. However, if the
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court imposes a juvenile sanction and the department determines
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that the sanction is unsuitable for the child, the department
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shall return custody of the child to the sentencing court for
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further proceedings, including the imposition of adult
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sanctions. Upon adjudicating a child delinquent under subsection
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(1), the court may:
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1. Place the child in a probation program under the
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supervision of the department for an indeterminate period of
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time until the child reaches the age of 19 years or sooner if
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discharged by order of the court.
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2. Commit the child to the department for treatment in an
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appropriate program for children for an indeterminate period of
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time until the child is 21 or sooner if discharged by the
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department. The department shall notify the court of its intent
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to discharge no later than 14 days before discharge. Failure of
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the court to timely respond to the department’s notice shall be
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considered approval for discharge.
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3. Order disposition under ss. 985.435, 985.437, 985.439,
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985.441, 985.45, and 985.455 as an alternative to youthful
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offender or adult sentencing if the court determines not to
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impose youthful offender or adult sanctions.
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It is the intent of the Legislature that the criteria and
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guidelines in this subsection are mandatory and that a
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determination of disposition under this subsection is subject to
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the right of the child to appellate review under s. 985.534.
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Section 5. This act shall take effect July 1, 2026.