New bill would change how minors are tried as adults

TALLAHASSEE, Fla. – Big changes may be making their way through the Florida State Legislature that would change the way minors can be tried as adults.

The bill would cut down on the frequency with which State Attorneys can charge juveniles as adults.

Under the proposal, it would take a grand jury to charge anyone under the age of 13 as an adult.

Prosecutors would be able to charge 14-and 15-year-olds as adults only in cases of murder, manslaughter and sexual assault.

In 2013, Christian Fernandez, 12, was charged as an adult for murdering his 2-year-old half-brother.  He plead guilty to manslaughter charges and was sentenced as a juvenile.

He was indicted, and the new bill would require prosecutors to get charges filed that way on defendants that young.

Supporters of the bill say that they are hopeful that it passes. Critics say that under the current system, prosecutors can somewhat strong-arm juveniles into taking plea deals by initially charging them as adults.

"The problem, obviously, that we are experiencing right now is that when the prosecution makes a decision, there's really no check or balance. They get to make the decision with direct file. The entire discretion is in their hands," Mitch Stone, a criminal defense attorney, said.

Stone said that the proposal would be good for the juvenile justice system. He said the system was designed to rehabilitate young criminals and get them back on track to leading productive lives, not ones of crime. He said clients of his who have been charged as adults say that in adult prison, that's not what happens.

"They tell me what they've learned, they did not learn how to stop breaking the law. They learn, essentially, what people who are older than you did to break the law and how they might be able to get away with it. They learn violence, aggression. It's not a good system for kids to be in," said Stone.

For 16-and 17-year-olds, the list of crimes for which prosecutors could charge them as adults is longer.  It includes crimes like weapons charges, DUI resulting in serious injury or death, kidnapping and others.

News4Jax asked State Attorney Angela Corey's office to comment on the bill. A spokeswoman said that the office is in the middle of a move right now, but "State Attorney Corey plans to thoroughly review the bill once our move is complete."

"I don't think that the law is any great concern to taking away public protection. As long is the ability is there to appropriately and aggressively prosecute violent offenders, I think the public is protected," said attorney Jay Plotkin.

Attorneys said appropriate resources are needed in the juvenile system to handle extreme cases like the Fernandez case.

"We can't simply just lock a 12-year-old away forever.  There have to be enough resources available," Stone said. "Adult prison doesn't help create a better kid, it actually helps create a better criminal."

A spokeswoman for the Department of Juvenile Justice said the department doesn't have an opinion on the bill at this time, but is following it closely.