🚩Florida's direct file statute, which allows for the transfer of juveniles to adult court, has been a long-standing issue of contention.

• Florida leads the U.S. in prosecuting children as adults, while Florida prosecutors choose to transfer children to adult courts.
• State law allows prosecutors to charge 14- and 15-year-olds in adult court for any one of 21 specified felonies, and 16- and 17- year-olds for any felony at all.
• The prosecutor's decision to send a child to adult court via direct file is not subject to judicial review and cannot be appealed.
• Direct-file cases against Florida youth declined in number to just under 800 in the 2020-21 fiscal year from roughly 12,000 in 2008-09, but the percentage of Florida juveniles who were tried as adults increased from 3.2% in 2019-20 to 3.7% in 2020-21.
• In  2016, Florida direct filed more children than California, Texas, Pennsylvania, North Carolina, and Michigan combined.

Direct filing is the prosecutor's decision in Florida, so wouldn't a prosecutor be well aware of the implications of changing this law from a misdemeanor to a felony? 🤔

The proposed bill's escalation to felonies for first-time offenses could likely increase these numbers, disproportionately affecting black and brown children. This is especially concerning given the existing racial disparities in juvenile prosecutions and incarcerations in the state.

• In 2018, 76.5% of cases transferred to adult court, the child was black or Latinx and children of color made up 65.8% of juvenile arrests statewide.
• Florida holds the number three spot nationally in the number of individuals currently incarcerated since childhood, with over 2,600, 74% of whom are of color.
• Racial disparities in sentencing are also significant, with those of color receiving up to 60% longer sentences than Whites for the same crime and scoresheet totals.

The direct file system has been criticized for perpetuating crime by sending juveniles to adult prisons and burdening them with criminal records that hamper their future. Proponents of the system, citing public safety concerns, support a tough stance on juvenile offenders. This perspective, however, overlooks the potential for rehabilitation, the societal cost of incarcerating young people for extended periods, and systemic inequities.

The bill, sponsored and defended by Rep. Berny Jacques on grounds of public safety and juvenile accountability, raises questions about his understanding of the issue. He asserts that “Florida has sufficient deterrence, prevention, and diversion programs,” a claim that seems misinformed or willfully ignorant when compared with other states' services and programming for vulnerable youth.

So, we're sending kids to prison for 15 years for phones now, huh? 🧐

🚩The bill's contraband section exacerbates these issues. 🚩

It proposes that introducing items like a cell phone, unauthorized clothing, or even a coin into a Department of Juvenile Justice facility could result in a second-degree felony charge, punishable by up to 15 years in prison. This is both unreasonable and unjust, considering these are minor infractions involving everyday items. Such punitive measures are misaligned with rehabilitation principles and fairness, reinforcing a pipeline disproportionately affecting minority communities and exacerbating racial disparities in the justice system.

Do the people of Florida want children to be sent to prison for 15 years for a coin, cell phone, or unauthorized clothing???🤔

Senator Martin's assertion in the Criminal Justice Committee meeting that the goal is to rehabilitate youth rings hollow in this context. How can rehabilitation be the objective when the system quickly funnels children into adult court and subjects them to harsh prison sentences? This approach ignores the root causes of juvenile delinquency, such as poverty, mental health issues, and substance abuse.

Rehabilitation is the goal. Oh, Ok. 🤔

You could have fooled us! 🧐

• Considering Florida has led the country in the number of youths direct filed to adult court for longer than a decade contradicts such statement.
• Considering Florida has over 1,000 incarcerated since childhood that aren't even given the opportunity to show rehabilitation and maturity due to an inequitable and unconstitutional law, also contradicts such statement.
  

The data tells a different story. 💯

State lawmakers also fail to consider Florida's “Prison Releasee Reoffender” two-strike law, which could take a juvenile’s felony history of introducing a cell phone as contraband into a DJJ facility and potentially result in death by incarceration for any subsequent legal involvement.

This law directs prosecutors to seek the maximum sentence for someone who commits a felony within three years of leaving prison, which often means a lifetime behind bars.

The lack of transparency from lawmakers regarding the full implications of House Bill 1181 and Senate Bill 1274 is troubling. 🚩

Given Florida's direct file statute, the potential consequences of these bills could be severe, particularly regarding the contraband issue. It raises concerns that these critical details are not being adequately communicated to other lawmakers and the public. The introduction and support of this bill, along with the broader issues plaguing our criminal justice system, highlights a dire need for intervention and raises serious questions about the objectives of our lawmakers and prosecutors.

Lawmakers have a duty to ensure that legislation is crafted and discussed transparently, with a full understanding of its potential impact. We must hold our elected officials accountable for the laws they propose and pass, ensuring they serve the best interests of all constituents, especially our vulnerable youth.

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