Florida HB 295: Workers' Compensation Coverage by Employee Leasing Companies

Bill Text

HB 295 2026

CODING: Words stricken are deletions; words underlined are additions.
hb295-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to prosecuting children as adults; 2
amending s. 985.265, F.S.; prohibiting a jail or other 3
facility intended or used for the detention of adults 4
from holding a child who has been transferred to adult 5
court for criminal prosecution before a specified 6
hearing is held to determine if the child should be 7
prosecuted as an adult, unless the child waives his or 8
her right to such hearing; amending s. 985.556, F.S.; 9
deleting provisions requiring a state attorney to 10
request a court to transfer and certify a child for 11
prosecution as an adult or to provide written reasons 12
to the court for not making such request, or to 13
proceed under a specified provision; amending s. 14
985.557, F.S.; deleting references to the state 15
attorney's discretion to direct file a juvenile; 16
revising discretionary direct file criteria; requiring 17
a court to advise a child and his or her parent or 18
legal guardian of the child's right to a due process 19
evidentiary hearing before a judge upon the filing by 20
a state attorney of an information transferring the 21
child to adult court; requiring that the child or the 22
child's parent or legal guardian be afforded such 23
hearing; requiring the judge to conduct the hearing 24
within a certain timeframe; requiring the judge to 25

HB 295 2026

CODING: Words stricken are deletions; words underlined are additions.
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consider specified information and factors during such 26
hearing; authorizing the judge to consider, and 27
certain parties to the action to examine, certain 28
reports; providing for continued jurisdiction of the 29
adult court with regard to the child unless the court 30
makes a specified finding by a preponderance of the 31
evidence; requiring the adult court to render an order 32
that includes certain findings of fact; authorizing 33
immediate review of the order; providing that the 34
order is reviewable on appeal under specified rules; 35
amending ss. 985.15 and 985.565, F.S.; conforming 36
provisions to changes made by the act; amending s. 37
985.03, F.S.; conforming a cross-reference; providing 38
an effective date. 39
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Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Subsection (5) of section 985.265, Florida 43
Statutes, is amended to read: 44
985.265 Detention transfer and release; education; adult 45
jails.— 46
(5) The court shall order the delivery of a child to a 47
jail or other facility intended or used for the detention of 48
adults: 49
(a) When the child has been transferred or indicted for 50

HB 295 2026

CODING: Words stricken are deletions; words underlined are additions.
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criminal prosecution as an adult under part X, except that: 51
1. The court may not order or allow a child alleged to 52
have committed a misdemeanor who is being transferred for 53
criminal prosecution pursuant to either s. 985.556 or s. 985.557 54
to be detained or held in a jail or other facility intended or 55
used for the detention of adults; however, such child may be 56
held temporarily in a detention facility; and 57
2. A child who has been transferred for criminal 58
prosecution as an adult pursuant to s. 985.557 may not be held 59
in a jail or other facility intended or used for the detention 60
of adults before a court finding, as a result of a hearing under 61
s. 985.557(3), that the child should be prosecuted as an adult, 62
unless the child waives his or her right to such hearing; or 63
(b) When a child taken into custody in this state is 64
wanted by another jurisdiction for prosecution as an adult. 65
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The child shall be housed separately from adult inmates to 67
prohibit a child from having regular contact with incarcerated 68
adults, including trusties. "Regular contact" means sight and 69
sound contact. Separation of children from adults shall permit 70
no more than haphazard or accidental contact. The receiving jail 71
or other facility shall contain a separate section for children 72
and shall have an adequate staff to supervise and monitor the 73
child's activities at all times. Supervision and monitoring of 74
children includes physical observation and documented checks by 75

HB 295 2026

CODING: Words stricken are deletions; words underlined are additions.
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jail or receiving facility supervisory personnel at intervals 76
not to exceed 10 minutes. This subsection does not prohibit 77
placing two or more children in the same cell. Under no 78
circumstances shall a child be placed in the same cell with an 79
adult. 80
Section 2. Subsections (4) and (5) of section 985.556, 81