Juvenile justice bill heads to governor for approval

Owen Girard contributed to this article

TALLAHASSEE, Fla. – Legislation revising criminal penalties for juveniles was approved by both chambers on Thursday and is headed to the governor’s desk for approval.

The bill, HB 1181, by Rep. Berny Jacques, R-Seminole, increases the penalty for minors under the age of 18 who were found in unlawful possession of a firearm for a second or subsequent time within a given period. The crime results in a third degree felony.

Current law states that it is a first degree misdemeanor for a minor to be found in unlawful possession of a firearm.

Sen. Jonathan Martin, R-Fort Myers, carried an identical bill, SB 1274, in the Senate.

Sen. Darryl Robson, D-St. Petersburg, introduced an amendment that the Senate passed and the House later concurred.

The language kept the current law in regards to first time offenses resulting in a misdemeanor. The original bill stated that it was a third degree felony for the first time a minor was caught with the unlawful possession of a firearm.

Rouson’s amendment also allows for a warrantless arrest for the first misdemeanor crime.

“So what this substitute amendment does is it keeps the status quo when it comes to the first time offense,” he said. “And it also keeps all of the services available as if it were a felony charge.”

Martin told the Senate floor on Tuesday the bill holds juvenile firearm offenders “accountable” by bolstering the penalties.

The bill also increases the penalty for “introducing contraband” into a Department of Juvenile Justice facility to a second degree felony.

Current law has different levels of penalties for the different types of contraband. The law will change so that any type of contraband is included in the penalty of a second degree felony.

This bill also provides the department with the ability to utilize canine units to locate and seize illicit contraband in the facilities.

Martin said this will “ensure the health, safety and welfare of all individuals youth staff and visitors within the facilities.”

The bill also provides other provisions related to juvenile justice which are outlined in the bill’s analysis.

The Senate passed the bill unanimously after Rouson’s amendment was added and the House passed it 84-25 right afterwards.

If signed by the governor, the bill will take effect July 1.