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8.940 Motion to Compile Report
MOTION TO COMPILE REPORT
The State of Florida, having filed a petition for involuntary
waiver, moves the court for an order requiring
the department to prepare a study and report to the
court, in writing, considering the following relevant
factors:
1. The seriousness of the alleged offense to the community
and whether the protection of the community
is best served by transferring the child for adult
sanctions.
2. Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner.
3. Whether the alleged offense was against persons
or against property.
4. The probable cause as found in the report, affidavit,
or complaint.
5. The desirability of trial and disposition of the entire
offense in one court when the child’s associates
in
the alleged crime are adults or children who are to be
tried as adults who will be or have been charged with
a crime.
6. The sophistication and maturity of the child.
7. The record and previous history of the child
including:
a. Previous contact with the department, other
law enforcement agencies, and the courts;
b. Prior periods of juvenile probation;
c. Prior adjudications that the child committed a
delinquent act or violation of law, greater weight
being given if the child previously had been found
by a court to have committed a delinquent
act involving
an offense classified as a felony or had
twice previously been found to have committed a
delinquent act involving an offense classified as a
misdemeanor; and
d. Prior commitments to institutions.
8. The prospects for adequate protection of the public
and the likelihood of reasonable rehabilitation
of
the child, if found to have committed the alleged offense,
by the use of procedures, services, and facilities
currently available to the court.
WHEREFORE, the State of Florida requests an order
directing the department to prepare a study and
report in writing prior to the waiver hearing.
_________________
Petitioner
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