Florida Senate - 2014                       CS for CS for SB 700
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senators
       Bradley and Detert
       
       
       
       
       576-04563-14                                           2014700c2
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending ss.
    3         985.01 and 985.02, F.S.; revising legislative purposes
    4         and intent; amending s. 985.03, F.S.; revising
    5         definitions; amending s. 985.0301, F.S.; clarifying
    6         jurisdictional age restrictions for children in the
    7         juvenile justice system; restricting when cases may be
    8         transferred to a different jurisdiction; amending s.
    9         985.037, F.S.; providing for the placement of a child
   10         in a secure detention facility for contempt of court;
   11         providing due process to a child accused of direct
   12         contempt; revising the procedure for reviewing a
   13         child’s placement in secure detention for contempt of
   14         court; amending ss. 985.039, 985.045, and 985.101,
   15         F.S.; conforming provisions; repealing s. 985.105,
   16         F.S., relating to the creation, duties, and
   17         qualifications of the youth custody officers in the
   18         Department of Juvenile Justice; amending s. 985.11,
   19         F.S.; revising when fingerprints must be submitted to
   20         the Department of Law Enforcement; amending s. 985.14,
   21         F.S.; revising the intake process; amending s.
   22         985.145, F.S.; substituting “Department of Juvenile
   23         Justice” for references to “juvenile probation
   24         officer”; creating s. 985.17, F.S.; providing
   25         legislative intent; requiring the department to
   26         provide specialized services to minimize the
   27         likelihood that youth will enter the juvenile justice
   28         system; providing for the department to promote the
   29         Invest in Children license plate to help fund
   30         prevention programs and services; providing for the
   31         department to monitor state-funded programs, grants,
   32         contracts, appropriations, and activities designed to
   33         prevent juvenile crime and report annually on these
   34         measures; limiting expenditure of funds to those
   35         prevention services that are consistent with the law
   36         and maximize public accountability; amending s.
   37         985.24, F.S.; revising factors to determine if the use
   38         of detention care is appropriate; authorizing the
   39         department to establish nonsecure, nonresidential
   40         evening reporting centers; conforming provisions;
   41         amending s. 985.245, F.S.; conforming provisions;
   42         amending s. 985.25, F.S.; requiring a child to be held
   43         in secure detention under certain circumstances;
   44         clarifying procedures for releasing a child before the
   45         child’s detention hearing; conforming provisions;
   46         amending s. 985.255, F.S.; providing that a child
   47         shall be given a detention hearing within 24 hours
   48         after being taken into custody; clarifying when a
   49         court may order continued detention care; revising
   50         specified factors for ordering continued detention
   51         care; clarifying when a child charged with domestic
   52         violence can be held in secure detention; revising
   53         written findings required to retain a child charged
   54         with domestic violence in secure detention; deleting
   55         obsolete provisions; amending s. 985.26, F.S.;
   56         conforming terminology; amending s. 985.265, F.S.;
   57         revising procedures for transferring a child to
   58         another detention status; providing new notification
   59         requirements for when a child is released or
   60         transferred from secure detention; revising the
   61         frequency of physical observation checks for children
   62         detained in jail facilities; amending s. 985.27, F.S.;
   63         requiring a child to be held in secure detention
   64         pending placement in a high-risk or maximum-risk
   65         residential program; conforming provisions; amending
   66         s. 985.275, F.S.; requiring the department to notify
   67         specified parties when a child absconds from a
   68         commitment program; requiring the department to make
   69         every reasonable effort to locate the absconded child;
   70         amending s. 985.433, F.S.; revising the content of a
   71         predisposition report; conforming terminology;
   72         amending s. 985.435, F.S.; authorizing a probation
   73         program to include an alternative consequence
   74         component that may be used to address noncompliance
   75         with the technical conditions of probation; requiring
   76         the department to identify a child’s risk of
   77         reoffending if the child is being placed on probation
   78         or postcommitment probation; amending s. 985.439,
   79         F.S.; authorizing the department to establish
   80         alternative sanctions for violations of probation or
   81         postcommitment probation; conforming terminology;
   82         amending s. 985.441, F.S.; providing that a child on
   83         probation for certain offenses may not be committed
   84         for a probation violation that is technical in nature;
   85         conforming terminology; amending s. 985.46, F.S.;
   86         revising the definition of the term “conditional
   87         release”; revising terminology; amending s. 985.461,
   88         F.S.; expanding the opportunity for transition-to
   89         adulthood services to all children; revising
   90         provisions that the department may use to support
   91         participation in transition-to-adulthood services;
   92         conforming terminology; amending ss. 985.481 and
   93         985.4815, F.S.; deleting obsolete provisions; amending
   94         s. 985.514, F.S.; conforming provisions; amending s.
   95         985.601, F.S.; requiring the department’s programs to
   96         include trauma-informed care, family engagement
   97         resources and programs, and gender-specific
   98         programming; authorizing the department to pay the
   99         expenses of programs and activities that address the
  100         needs and well-being of children in its care or under
  101         its supervision; conforming terminology; repealing ss.
  102         985.605, 985.606, and 985.61, F.S., relating to
  103         prevention services programs and providers and early
  104         delinquency intervention programs; amending s.
  105         985.632, F.S.; providing for the establishment of a
  106         performance accountability system for contract
  107         providers; revising definitions; providing for the
  108         development of a Comprehensive Accountability Report;
  109         requiring the department to prepare and submit the
  110         report annually to the Governor and Legislature;
  111         specifying content that must be included in the
  112         report; revising provisions relating to the cost
  113         effectiveness model and quality improvement; amending
  114         s. 985.644, F.S.; clarifying an exemption for
  115         specified certified law enforcement, correctional, and
  116         correctional probation officers relating to a
  117         requirement to submit to level 2 background
  118         screenings; creating s. 985.6441, F.S.; providing
  119         definitions; limiting the amount that the department
  120         may pay a hospital or health care provider for health
  121         care services based on a percentage of the Medicare
  122         allowable rate; providing applicability; amending s.
  123         985.66, F.S.; revising specified juvenile justice
  124         staff development and training procedures; expanding
  125         application of training requirements to contract
  126         providers who care for children in the department’s
  127         custody; amending s. 985.664, F.S.; deleting obsolete
  128         provisions relating to the initial selection of the
  129         juvenile justice circuit advisory board chairs;
  130         revising procedures for appointing juvenile justice
  131         circuit advisory board chairs; providing that chairs
  132         serve at the pleasure of the secretary; amending s.
  133         985.672, F.S.; clarifying language concerning
  134         expenditures of the direct-support organization’s
  135         funds; authorizing the direct-support organization to
  136         use department personnel services; defining the term
  137         “personnel services”; amending s. 985.682, F.S.;
  138         deleting obsolete provisions regarding a comprehensive
  139         study relating to the siting of facilities; amending
  140         s. 985.69, F.S.; providing for the use of specified
  141         funds for repair and maintenance; repealing s.
  142         985.694, F.S., relating to the Juvenile Care and
  143         Maintenance Trust Fund; amending s. 985.701, F.S.;
  144         defining the term “juvenile offender” for purposes of
  145         prohibiting sexual misconduct with juvenile offenders;
  146         creating s. 985.702, F.S.; providing an effective
  147         date; providing definitions; providing for the
  148         imposition of criminal penalties against specified
  149         employees who inflict neglect upon juvenile offenders;
  150         providing enhanced penalties for such treatment that
  151         results in great bodily harm, permanent disability, or
  152         permanent disfigurement to a juvenile offender;
  153         specifying that such conduct constitutes sufficient
  154         cause for an employee’s dismissal from employment;
  155         prohibiting such employee from future employment with
  156         the juvenile justice system; providing incident
  157         reporting requirements; prohibiting an employee who
  158         witnesses such an incident from knowingly or willfully
  159         failing to report such incident; prohibiting false
  160         reporting, preventing another from reporting, or
  161         coercing another to alter testimony or reports;
  162         providing criminal penalties; amending s. 985.721,
  163         F.S.; correcting a cross-reference; amending s.
  164         943.0582, F.S.; clarifying that minors are not
  165         eligible for expunction if they have been charged by a
  166         state attorney for other crimes; repealing s. 945.75,
  167         F.S., relating to tours of state correctional
  168         facilities for juveniles; amending ss. 121.0515,
  169         316.635, and 318.143, F.S.; conforming provisions and
  170         correcting cross-references; providing effective
  171         dates.
  172          
  173  Be It Enacted by the Legislature of the State of Florida:
  174  
  175         Section 1. Section 985.01, Florida Statutes, is amended to
  176  read:
  177         985.01 Purposes and intent.—
  178         (1) The purposes of this chapter are:
  179         (a) To increase public safety by reducing juvenile
  180  delinquency through effective prevention, intervention, and
  181  treatment services that strengthen and reform the lives of
  182  children.
  183         (b)(a) To provide judicial and other procedures to assure
  184  due process through which children, victims, and other
  185  interested parties are assured fair hearings by a respectful and
  186  respected court or other tribunal and the recognition,
  187  protection, and enforcement of their constitutional and other
  188  legal rights, while ensuring that public safety interests and
  189  the authority and dignity of the courts are adequately
  190  protected.
  191         (c)(b) To provide for the care, safety, and protection of
  192  children in an environment that fosters healthy social,
  193  emotional, intellectual, educational, and physical development;
  194  to ensure secure and safe custody; and to promote the health and
  195  well-being of all children under the state’s care.
  196         (d)(c) To ensure the protection of society, by providing
  197  for a comprehensive standardized assessment of the child’s needs
  198  so that the most appropriate control, discipline, punishment,
  199  and treatment can be administered consistent with the
  200  seriousness of the act committed, the community’s long-term need
  201  for public safety, the prior record of the child, and the
  202  specific rehabilitation needs of the child, while also
  203  providing, whenever possible, restitution to the victim of the
  204  offense.
  205         (e)(d) To preserve and strengthen the child’s family ties
  206  whenever possible, by providing for removal of the child from
  207  the physical custody of a parent parental custody only when his
  208  or her welfare or the safety and protection of the public cannot
  209  be adequately safeguarded without such removal; and, when the
  210  child is removed from his or her own family, to secure custody,
  211  care, and discipline for the child as nearly as possible
  212  equivalent to that which should have been given by the parents;
  213  and to assure, in all cases in which a child must be permanently
  214  removed from parental custody, that the child be placed in an
  215  approved family home, adoptive home, independent living program,
  216  or other placement that provides the most stable and permanent
  217  living arrangement for the child, as determined by the court.
  218         (f)(e)1. To assure that the adjudication and disposition of
  219  a child alleged or found to have committed a violation of
  220  Florida law be exercised with appropriate discretion and in
  221  keeping with the seriousness of the offense and the need for
  222  treatment services, and that all findings made under this
  223  chapter be based upon facts presented at a hearing that meets
  224  the constitutional standards of fundamental fairness and due
  225  process.
  226         2. To assure that the sentencing and placement of a child
  227  tried as an adult be appropriate and in keeping with the
  228  seriousness of the offense and the child’s need for
  229  rehabilitative services, and that the proceedings and procedures
  230  applicable to such sentencing and placement be applied within
  231  the full framework of constitutional standards of fundamental
  232  fairness and due process.
  233         (g)(f) To provide children committed to the department with
  234  training in life skills, including career and technical
  235  education, when appropriate.
  236         (h) To care for children in the least restrictive and most
  237  appropriate service environments, ensuring that children
  238  assessed as low and moderate risk to reoffend are not committed
  239  to residential programs.
  240         (i) To allocate resources for the most effective programs,
  241  services, and treatments to ensure that children, their
  242  families, and their community support systems are connected with
  243  these programs at the points along the juvenile justice
  244  continuum where they will have the most impact.
  245         (2) It is the intent of the Legislature that this chapter
  246  be liberally interpreted and construed in conformity with its
  247  declared purposes.
  248         Section 2. Paragraphs (g) and (h) of subsection (1),
  249  subsections (2) and (3), paragraph (b) of subsection (4), and
  250  subsections (5) and (7) of section 985.02, Florida Statutes, are
  251  amended, and subsections (8) and (9) are added to that section,
  252  to read:
  253         985.02 Legislative intent for the juvenile justice system.—
  254         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  255  the Legislature that the children of this state be provided with
  256  the following protections:
  257         (g) Access to prevention programs and preventive services.
  258         (h) An independent, trained advocate when intervention is
  259  necessary, and a skilled guardian or caretaker in a safe
  260  environment when alternative placement is necessary.
  261         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  262  children in the care of the state’s dependency and delinquency
  263  system systems need appropriate health care services, that the
  264  impact of substance abuse on health indicates the need for
  265  health care services to include substance abuse services where
  266  appropriate, and that it is in the state’s best interest that
  267  such children be provided the services they need to enable them
  268  to become and remain independent of state care. In order to
  269  provide these services, the state’s dependency and delinquency
  270  system systems must have the ability to identify and provide
  271  appropriate intervention and treatment for children with
  272  personal or family-related substance abuse problems. It is
  273  therefore the purpose of the Legislature to provide authority
  274  for the state to contract with community substance abuse
  275  treatment providers for the development and operation of
  276  specialized support and overlay services for the dependency and
  277  delinquency system systems, which will be fully implemented and
  278  utilized as resources permit.
  279         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  280  policy of the state with respect to juvenile justice and
  281  delinquency prevention to first protect the public from acts of
  282  delinquency. In addition, it is the policy of the state to:
  283         (a) Develop and implement effective methods of preventing
  284  and reducing acts of delinquency, with a focus on maintaining
  285  and strengthening the family as a whole so that children may
  286  remain in their homes or communities.
  287         (b) Develop and implement effective programs to prevent
  288  delinquency, to divert children from the traditional juvenile
  289  justice system, to intervene at an early stage of delinquency,
  290  and to provide critically needed alternatives to
  291  institutionalization and deep-end commitment.
  292         (c) Provide well-trained personnel, high-quality services,
  293  and cost-effective programs within the juvenile justice system.
  294         (d) Increase the capacity of local governments and public
  295  and private agencies to conduct rehabilitative treatment
  296  programs and to provide research, evaluation, and training
  297  services in the field of juvenile delinquency prevention.
  298  
  299  The Legislature intends that detention care, in addition to
  300  providing secure and safe custody, will promote the health and
  301  well-being of the children committed thereto and provide an
  302  environment that fosters their social, emotional, intellectual,
  303  and physical development.
  304         (4) DETENTION.—
  305         (b) The Legislature intends that a juvenile found to have
  306  committed a delinquent act understands the consequences and the
  307  serious nature of such behavior. Therefore, the Legislature
  308  finds that secure detention is appropriate to provide punishment
  309  for children who pose a threat to public safety that discourages
  310  further delinquent behavior. The Legislature also finds that
  311  certain juveniles have committed a sufficient number of criminal
  312  acts, including acts involving violence to persons, to represent
  313  sufficient danger to the community to warrant sentencing and
  314  placement within the adult system. It is the intent of the
  315  Legislature to establish clear criteria in order to identify
  316  these juveniles and remove them from the juvenile justice
  317  system.
  318         (5) SITING OF FACILITIES.—
  319         (a) The Legislature finds that timely siting and
  320  development of needed residential facilities for juvenile
  321  offenders is critical to the public safety of the citizens of
  322  this state and to the effective rehabilitation of juvenile
  323  offenders.
  324         (b) It is the purpose of the Legislature to guarantee that
  325  such facilities are sited and developed within reasonable
  326  timeframes after they are legislatively authorized and
  327  appropriated.
  328         (c) The Legislature further finds that such facilities must
  329  be located in areas of the state close to the home communities
  330  of the children they house in order to ensure the most effective
  331  rehabilitation efforts, and the most intensive postrelease
  332  supervision, and case management. The placement of facilities
  333  close to the home communities of the children they house is also
  334  intended to facilitate family involvement in the treatment
  335  process. Residential facilities shall have no more than 90 165
  336  beds each, including campus-style programs, unless those campus
  337  style programs include more than one level of restrictiveness,
  338  provide multilevel education and treatment program programs
  339  using different treatment protocols, and have facilities that
  340  coexist separately in distinct locations on the same property.
  341         (d) It is the intent of the Legislature that all other
  342  departments and agencies of the state shall cooperate fully with
  343  the Department of Juvenile Justice to accomplish the siting of
  344  facilities for juvenile offenders.
  345  
  346  The supervision, counseling, and rehabilitative treatment, and
  347  punitive efforts of the juvenile justice system should avoid the
  348  inappropriate use of correctional programs and large
  349  institutions. The Legislature finds that detention services
  350  should exceed the primary goal of providing safe and secure
  351  custody pending adjudication and disposition.
  352         (7) GENDER-SPECIFIC PROGRAMMING.—
  353         (a) The Legislature finds that the prevention, treatment,
  354  and rehabilitation needs of children youth served by the
  355  juvenile justice system are gender-specific. A gender-specific
  356  approach is one in which programs, services, and treatments
  357  comprehensively address the unique developmental needs of a
  358  targeted gender group under the care of the department. Young
  359  women and men have different pathways to delinquency, display
  360  different patterns of offending, and respond differently to
  361  interventions, treatment, and services.
  362         (b) Gender-specific programming refers to unique program
  363  models and services that comprehensively address the needs of a
  364  targeted gender group. Gender-specific services require the
  365  adherence to the principle of equity to ensure that the
  366  different interests of young women and men are recognized and
  367  varying needs are met, with equality as the desired outcome.
  368  Gender-specific interventions focus programming focuses on the
  369  differences between young females’ and young males’ social roles
  370  and responsibilities, positions in society, access to and use of
  371  resources, history of trauma, and reasons for interaction with
  372  the juvenile justice system and social codes governing behavior.
  373  Gender-specific programs increase the effectiveness of programs
  374  by making interventions more appropriate to the specific needs
  375  of young women and men and ensuring that these programs do not
  376  unknowingly create, maintain, or reinforce gender roles or
  377  relations that may be damaging.
  378         (8) TRAUMA-INFORMED CARE.—The Legislature finds that the
  379  department should use trauma-informed care as an approach to
  380  treating children with histories of trauma. Trauma-informed care
  381  assists service providers in recognizing the symptoms of trauma
  382  and acknowledges the role trauma has played in the child’s life.
  383  Services for children should be based on an understanding of the
  384  vulnerabilities and triggers of trauma survivors that
  385  traditional service delivery approaches may exacerbate, so that
  386  these services and programs can be more supportive and avoid
  387  retraumatization. The department should use trauma-specific
  388  interventions that are designed to address the consequences of
  389  trauma in the child and to facilitate healing.
  390         (9) FAMILY AND COMMUNITY ENGAGEMENT.—The Legislature finds
  391  that families and community support systems are critical to the
  392  success of children and to ensure they are nondelinquent.
  393  Therefore, when appropriate, children who can safely be held
  394  accountable when served and treated in their homes and
  395  communities should be diverted from more restrictive placements
  396  within the juvenile justice system. There should be an emphasis
  397  on strengthening the family and immersing the family members in
  398  their community support system. The department should develop
  399  customized plans that acknowledge the importance of family and
  400  community support systems. The customized plans should recognize
  401  a child’s individual needs, capitalize on their strengths,
  402  reduce their risks, and prepare them for a successful transition
  403  to, and unification with, their family and community support
  404  system. The child’s family must be considered in the
  405  department’s process of assessing the needs, services and
  406  treatment, and community connections of the children who are
  407  involved in the juvenile justice system or in danger of becoming
  408  involved in the system.
  409         Section 3. Section 985.03, Florida Statutes, is reordered
  410  and amended to read:
  411         985.03 Definitions.—As used in this chapter, the term:
  412         (1) “Abscond” means to hide, conceal, or absent oneself
  413  from the jurisdiction of the court or supervision of the
  414  department to avoid prosecution or supervision.
  415         (2)(1) “Addictions receiving facility” means a substance
  416  abuse service provider as defined in chapter 397.
  417         (3)(2) “Adjudicatory hearing” means a hearing for the court
  418  to determine whether or not the facts support the allegations
  419  stated in the petition, as is provided for under s. 985.35 in
  420  delinquency cases.
  421         (4)(3) “Adult” means any natural person other than a child.
  422         (5)(4) “Arbitration” means a process whereby a neutral
  423  third person or panel, called an arbitrator or an arbitration
  424  panel, considers the facts and arguments presented by the
  425  parties and renders a decision which may be binding or
  426  nonbinding.
  427         (6)(5) “Authorized agent” or “designee” of the department
  428  means a person or agency assigned or designated by the
  429  department or the Department of Children and Family Services, as
  430  appropriate, to perform duties or exercise powers under this
  431  chapter and includes contract providers and their employees for
  432  purposes of providing services to and managing cases of children
  433  in need of services and families in need of services.
  434         (7)(6) “Child” or “juvenile” or “youth” means any unmarried
  435  person under the age of 18 who has not been emancipated by order
  436  of the court and who has been found or alleged to be dependent,
  437  in need of services, or from a family in need of services; or
  438  any married or unmarried person who is alleged to have committed
  439  charged with a violation of law occurring prior to the time that
  440  person reached the age of 18 years.
  441         (8)(7) “Child in need of services” has the same meaning as
  442  provided in s. 984.03 means a child for whom there is no pending
  443  investigation into an allegation or suspicion of abuse, neglect,
  444  or abandonment; no pending referral alleging the child is
  445  delinquent; or no current supervision by the department or the
  446  Department of Children and Family Services for an adjudication
  447  of dependency or delinquency. The child must also, under this
  448  chapter, be found by the court:
  449         (a) To have persistently run away from the child’s parents
  450  or legal custodians despite reasonable efforts of the child, the
  451  parents or legal custodians, and appropriate agencies to remedy
  452  the conditions contributing to the behavior. Reasonable efforts
  453  shall include voluntary participation by the child’s parents or
  454  legal custodians and the child in family mediation, services,
  455  and treatment offered by the department or the Department of
  456  Children and Family Services;
  457         (b) To be habitually truant from school, while subject to
  458  compulsory school attendance, despite reasonable efforts to
  459  remedy the situation under ss. 1003.26 and 1003.27 and through
  460  voluntary participation by the child’s parents or legal
  461  custodians and by the child in family mediation, services, and
  462  treatment offered by the Department of Juvenile Justice or the
  463  Department of Children and Family Services; or
  464         (c) To have persistently disobeyed the reasonable and
  465  lawful demands of the child’s parents or legal custodians, and
  466  to be beyond their control despite efforts by the child’s
  467  parents or legal custodians and appropriate agencies to remedy
  468  the conditions contributing to the behavior. Reasonable efforts
  469  may include such things as good faith participation in family or
  470  individual counseling.
  471         (9)(8) “Child who has been found to have committed a
  472  delinquent act” means a child who, under this chapter, is found
  473  by a court to have committed a violation of law or to be in
  474  direct or indirect contempt of court, except that this
  475  definition does not include an act constituting contempt of
  476  court arising out of a dependency proceeding or a proceeding
  477  concerning a child or family in need of services.
  478         (9) “Child support” means a court-ordered obligation,
  479  enforced under chapter 61 and ss. 409.2551-409.2597, for
  480  monetary support for the care, maintenance, training, and
  481  education of a child.
  482         (10) “Circuit” means any of the 20 judicial circuits as set
  483  forth in s. 26.021.
  484         (11) “Comprehensive assessment” or “assessment” means the
  485  gathering of information for the evaluation of a juvenile
  486  offender’s or a child’s physical, psychological, educational,
  487  career and technical education vocational, and social condition
  488  and family environment as they relate to the child’s need for
  489  rehabilitative and treatment services, including substance abuse
  490  treatment services, mental health services, developmental
  491  services, literacy services, medical services, family services,
  492  and other specialized services, as appropriate.
  493         (12) “Conditional release” means the care, treatment, help,
  494  and supervision, and provision of transition-to-adulthood
  495  services provided to a juvenile released from a residential
  496  commitment program which is intended to promote rehabilitation
  497  and prevent recidivism. The purpose of conditional release is to
  498  protect the public, reduce recidivism, increase responsible
  499  productive behavior, and provide for a successful transition of
  500  the youth from the department to his or her the family.
  501  Conditional release includes, but is not limited to,
  502  nonresidential community-based programs.
  503         (13) “Court,unless otherwise expressly stated, means the
  504  circuit court assigned to exercise jurisdiction under this
  505  chapter, unless otherwise expressly stated.
  506         (14) “Day treatment” means a nonresidential, community
  507  based program designed to provide therapeutic intervention to
  508  youth who are served by the department, who are placed on
  509  probation or conditional release, or are committed to the
  510  minimum-risk nonresidential level. A day treatment program may
  511  provide educational and career and technical education
  512  vocational services and shall provide case management services;
  513  individual, group, and family counseling; training designed to
  514  address delinquency risk factors; and monitoring of a youth’s
  515  compliance with, and facilitation of a youth’s completion of,
  516  sanctions if ordered by the court. Program types may include,
  517  but are not limited to, career programs, marine programs,
  518  juvenile justice alternative schools, training and
  519  rehabilitation programs, and gender-specific programs.
  520         (15)(a) “Delinquency program” means any intake, probation,
  521  or similar program; regional detention center or facility; or
  522  community-based program, whether owned and operated by or
  523  contracted by the department, or institution owned and operated
  524  by or contracted by the department, which provides intake,
  525  supervision, or custody and care of children who are alleged to
  526  be or who have been found to be delinquent under this chapter.
  527         (b) “Delinquency program staff” means supervisory and
  528  direct care staff of a delinquency program as well as support
  529  staff who have direct contact with children in a delinquency
  530  program.
  531         (c) “Delinquency prevention programs” means programs
  532  designed for the purpose of reducing the occurrence of
  533  delinquency, including criminal gang activity, and juvenile
  534  arrests. The term excludes arbitration, diversionary or
  535  mediation programs, and community service work or other
  536  treatment available subsequent to a child committing a
  537  delinquent act.
  538         (16) “Department” means the Department of Juvenile Justice.
  539         (17) “Designated facility” or “designated treatment
  540  facility” means any facility designated by the department to
  541  provide treatment to juvenile offenders.
  542         (18) “Detention care” means the temporary care of a child
  543  in secure or, nonsecure, or home detention, pending a court
  544  adjudication or disposition or execution of a court order. There
  545  are two three types of detention care, as follows:
  546         (a) “Secure detention” means temporary custody of the child
  547  while the child is under the physical restriction of a secure
  548  detention center or facility pending adjudication, disposition,
  549  or placement.
  550         (b) “Nonsecure detention” means temporary custody of the
  551  child while the child is in a residential home in the community
  552  in a physically nonrestrictive environment under the supervision
  553  of the Department of Juvenile Justice pending adjudication,
  554  disposition, or placement.
  555         (b)(c)“Nonsecure detention” “Home detention” means
  556  temporary, nonsecure custody of the child while the child is
  557  released to the custody of the parent, guardian, or custodian in
  558  a physically nonrestrictive environment under the supervision of
  559  the department staff pending adjudication, disposition, or
  560  placement. Forms of nonsecure detention include, but are not
  561  limited to, home detention, electronic monitoring, day reporting
  562  centers, evening reporting centers, and nonsecure shelters.
  563  Nonsecure detention may include other requirements imposed by
  564  the court.
  565         (19) “Detention center or facility” means a facility used
  566  pending court adjudication or disposition or execution of court
  567  order for the temporary care of a child alleged or found to have
  568  committed a violation of law. A detention center or facility may
  569  provide secure or nonsecure custody. A facility used for the
  570  commitment of adjudicated delinquents shall not be considered a
  571  detention center or facility.
  572         (20) “Detention hearing” means a hearing for the court to
  573  determine if a child should be placed in temporary custody, as
  574  provided for under part V in delinquency cases.
  575         (21) “Disposition hearing” means a hearing in which the
  576  court determines the most appropriate dispositional services in
  577  the least restrictive available setting provided for under part
  578  VII, in delinquency cases.
  579         (22) “Family” means a collective of persons, consisting of
  580  a child and a parent, guardian, adult custodian, or adult
  581  relative, in which:
  582         (a) The persons reside in the same house or living unit; or
  583         (b) The parent, guardian, adult custodian, or adult
  584  relative has a legal responsibility by blood, marriage, or court
  585  order to support or care for the child.
  586         (23) “Family in need of services” has the same meaning as
  587  provided in s. 984.03 means a family that has a child for whom
  588  there is no pending investigation into an allegation of abuse,
  589  neglect, or abandonment or no current supervision by the
  590  department or the Department of Children and Family Services for
  591  an adjudication of dependency or delinquency. The child must
  592  also have been referred to a law enforcement agency or the
  593  department for:
  594         (a) Running away from parents or legal custodians;
  595         (b) Persistently disobeying reasonable and lawful demands
  596  of parents or legal custodians, and being beyond their control;
  597  or
  598         (c) Habitual truancy from school.
  599         (24) “Foster care” means care provided a child in a foster
  600  family or boarding home, group home, agency boarding home, child
  601  care institution, or any combination thereof.
  602         (25) “Habitually truant” means that:
  603         (a) The child has 15 unexcused absences within 90 calendar
  604  days with or without the knowledge or justifiable consent of the
  605  child’s parent or legal guardian, is subject to compulsory
  606  school attendance under s. 1003.21(1) and (2)(a), and is not
  607  exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
  608  specified by law or the rules of the State Board of Education.
  609         (b) Escalating activities to determine the cause, and to
  610  attempt the remediation, of the child’s truant behavior under
  611  ss. 1003.26 and 1003.27 have been completed.
  612  
  613  If a child who is subject to compulsory school attendance is
  614  responsive to the interventions described in ss. 1003.26 and
  615  1003.27 and has completed the necessary requirements to pass the
  616  current grade as indicated in the district pupil progression
  617  plan, the child shall not be determined to be habitually truant
  618  and shall be passed. If a child within the compulsory school
  619  attendance age has 15 unexcused absences within 90 calendar days
  620  or fails to enroll in school, the state attorney may file a
  621  child-in-need-of-services petition. Before filing a petition,
  622  the child must be referred to the appropriate agency for
  623  evaluation. After consulting with the evaluating agency, the
  624  state attorney may elect to file a child-in-need-of-services
  625  petition.
  626         (c) A school representative, designated according to school
  627  board policy, and a juvenile probation officer of the department
  628  have jointly investigated the truancy problem or, if that was
  629  not feasible, have performed separate investigations to identify
  630  conditions that could be contributing to the truant behavior;
  631  and if, after a joint staffing of the case to determine the
  632  necessity for services, such services were determined to be
  633  needed, the persons who performed the investigations met jointly
  634  with the family and child to discuss any referral to appropriate
  635  community agencies for economic services, family or individual
  636  counseling, or other services required to remedy the conditions
  637  that are contributing to the truant behavior.
  638         (d) The failure or refusal of the parent or legal guardian
  639  or the child to participate, or make a good faith effort to
  640  participate, in the activities prescribed to remedy the truant
  641  behavior, or the failure or refusal of the child to return to
  642  school after participation in activities required by this
  643  subsection, or the failure of the child to stop the truant
  644  behavior after the school administration and the department have
  645  worked with the child as described in s. 1003.27(3) shall be
  646  handled as prescribed in s. 1003.27.
  647         (26) “Halfway house” means a community-based residential
  648  program for 10 or more committed delinquents at the moderate
  649  risk commitment level which is operated or contracted by the
  650  department.
  651         (24)(27) “Intake” means the initial acceptance and
  652  screening by the department or juvenile assessment center
  653  personnel of a complaint or a law enforcement report or probable
  654  cause affidavit of delinquency, family in need of services, or
  655  child in need of services to determine the recommendation to be
  656  taken in the best interests of the child, the family, and the
  657  community. The emphasis of intake is on diversion and the least
  658  restrictive available services. Consequently, intake includes
  659  such alternatives as:
  660         (a) The disposition of the complaint, report, or probable
  661  cause affidavit without court or public agency action or
  662  judicial handling when appropriate.
  663         (b) The referral of the child to another public or private
  664  agency when appropriate.
  665         (c) The recommendation by the department juvenile probation
  666  officer of judicial handling when appropriate and warranted.
  667         (25)(28) “Judge” means the circuit judge exercising
  668  jurisdiction pursuant to this chapter.
  669         (26)(29) “Juvenile justice continuum” includes, but is not
  670  limited to, delinquency prevention programs and services
  671  designed for the purpose of preventing or reducing delinquent
  672  acts, including criminal activity by criminal gangs, and
  673  juvenile arrests, as well as programs and services targeted at
  674  children who have committed delinquent acts, and children who
  675  have previously been committed to residential treatment programs
  676  for delinquents. The term includes children-in-need-of-services
  677  and families-in-need-of-services programs under chapter 984;
  678  conditional release; substance abuse and mental health programs;
  679  educational and career programs; recreational programs;
  680  community services programs; community service work programs;
  681  mother-infant programs; and alternative dispute resolution
  682  programs serving children at risk of delinquency and their
  683  families, whether offered or delivered by state or local
  684  governmental entities, public or private for-profit or not-for
  685  profit organizations, or religious or charitable organizations.
  686         (27)(30) “Juvenile probation officer” means the authorized
  687  agent of the department who performs the intake, case
  688  management, or supervision functions.
  689         (28)(31) “Legal custody or guardian” means a legal status
  690  created by court order or letter of guardianship which vests in
  691  a custodian of the person or guardian, whether an agency or an
  692  individual, the right to have physical custody of the child and
  693  the right and duty to protect, train, and discipline the child
  694  and to provide him or her with food, shelter, education, and
  695  ordinary medical, dental, psychiatric, and psychological care.
  696         (29)(32) “Licensed child-caring agency” means a person,
  697  society, association, or agency licensed by the Department of
  698  Children and Families Family Services to care for, receive, and
  699  board children.
  700         (30)(33) “Licensed health care professional” means a
  701  physician licensed under chapter 458, an osteopathic physician
  702  licensed under chapter 459, a nurse licensed under part I of
  703  chapter 464, a physician assistant licensed under chapter 458 or
  704  chapter 459, or a dentist licensed under chapter 466.
  705         (31)(34) “Likely to injure oneself” means that, as
  706  evidenced by violent or other actively self-destructive
  707  behavior, it is more likely than not that within a 24-hour
  708  period the child will attempt to commit suicide or inflict
  709  serious bodily harm on himself or herself.
  710         (32)(35) “Likely to injure others” means that it is more
  711  likely than not that within a 24-hour period the child will
  712  inflict serious and unjustified bodily harm on another person.
  713         (33)(36) “Mediation” means a process whereby a neutral
  714  third person called a mediator acts to encourage and facilitate
  715  the resolution of a dispute between two or more parties. It is
  716  an informal and nonadversarial process with the objective of
  717  helping the disputing parties reach a mutually acceptable and
  718  voluntary agreement. In mediation, decisionmaking authority
  719  rests with the parties. The role of the mediator includes, but
  720  is not limited to, assisting the parties in identifying issues,
  721  fostering joint problem solving, and exploring settlement
  722  alternatives.
  723         (34)(37) “Mother-infant program” means a residential
  724  program designed to serve the needs of juvenile mothers or
  725  expectant juvenile mothers who are committed as delinquents,
  726  which is operated or contracted by the department. A mother
  727  infant program facility must be licensed as a child care
  728  facility under s. 402.308 and must provide the services and
  729  support necessary to enable each juvenile mother committed to
  730  the facility to provide for the needs of her infants who, upon
  731  agreement of the mother, may accompany her in the program.
  732         (35)(38) “Necessary medical treatment” means care which is
  733  necessary within a reasonable degree of medical certainty to
  734  prevent the deterioration of a child’s condition or to alleviate
  735  immediate pain of a child.
  736         (36)(39) “Next of kin” means an adult relative of a child
  737  who is the child’s brother, sister, grandparent, aunt, uncle, or
  738  first cousin.
  739         (37)(40) “Ordinary medical care” means medical procedures
  740  that are administered or performed on a routine basis and
  741  include, but are not limited to, inoculations, physical
  742  examinations, remedial treatment for minor illnesses and
  743  injuries, preventive services, medication management, chronic
  744  disease detection and treatment, and other medical procedures
  745  that are administered or performed on a routine basis and do not
  746  involve hospitalization, surgery, the use of general anesthesia,
  747  or the provision of psychotropic medications.
  748         (38)(41) “Parent” means a woman who gives birth to a child
  749  and a man whose consent to the adoption of the child would be
  750  required under s. 63.062(1). If a child has been legally
  751  adopted, the term “parent” means the adoptive mother or father
  752  of the child. The term does not include an individual whose
  753  parental relationship to the child has been legally terminated,
  754  or an alleged or prospective parent, unless the parental status
  755  falls within the terms of either s. 39.503(1) or s. 63.062(1).
  756         (39)(42) “Preliminary screening” means the gathering of
  757  preliminary information to be used in determining a child’s need
  758  for further evaluation or assessment or for referral for other
  759  substance abuse services through means such as psychosocial
  760  interviews; urine and breathalyzer screenings; and reviews of
  761  available educational, delinquency, and dependency records of
  762  the child.
  763         (43) “Preventive services” means social services and other
  764  supportive and rehabilitative services provided to the parent of
  765  the child, the legal guardian of the child, or the custodian of
  766  the child and to the child for the purpose of averting the
  767  removal of the child from the home or disruption of a family
  768  which will or could result in the placement of a child in foster
  769  care. Social services and other supportive and rehabilitative
  770  services shall promote the child’s need for a safe, continuous,
  771  stable living environment and shall promote family autonomy and
  772  shall strengthen family life as the first priority whenever
  773  possible.
  774         (40) “Prevention” means programs, strategies, initiatives,
  775  and networks designed to keep children from making initial or
  776  further contact with the juvenile justice system.
  777         (41)(44) “Probation” means the legal status of probation
  778  created by law and court order in cases involving a child who
  779  has been found to have committed a delinquent act. Probation is
  780  an individualized program in which the freedom of the child is
  781  limited and the child is restricted to noninstitutional quarters
  782  or restricted to the child’s home in lieu of commitment to the
  783  custody of the department. Youth on probation may be assessed
  784  and classified for placement in day-treatment probation programs
  785  designed for youth who represent a minimum risk to themselves
  786  and public safety and do not require placement and services in a
  787  residential setting.
  788         (42)(45) “Relative” means a grandparent, great-grandparent,
  789  sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
  790  niece, or nephew, whether related by the whole or half blood, by
  791  affinity, or by adoption. The term does not include a
  792  stepparent.
  793         (44)(46) “Restrictiveness level” means the level of
  794  programming and security provided by programs that service the
  795  supervision, custody, care, and treatment needs of committed
  796  children. Sections 985.601(10) and 985.721 apply to children
  797  placed in programs at any residential commitment level. The
  798  restrictiveness levels of commitment are as follows:
  799         (a) Minimum-risk nonresidential.—Programs or program models
  800  at this commitment level work with youth who remain in the
  801  community and participate at least 5 days per week in a day
  802  treatment program. Youth assessed and classified for programs at
  803  this commitment level represent a minimum risk to themselves and
  804  public safety and do not require placement and services in
  805  residential settings. Youth in this level have full access to,
  806  and reside in, the community. Youth who have been found to have
  807  committed delinquent acts that involve firearms, that are sexual
  808  offenses, or that would be life felonies or first degree
  809  felonies if committed by an adult may not be committed to a
  810  program at this level.
  811         (b) Low-risk residential.—Programs or program models at
  812  this commitment level are residential but may allow youth to
  813  have unsupervised access to the community. Residential
  814  facilities shall have no more than 165 beds each, including
  815  campus-style programs, unless those campus-style programs
  816  include more than one level of restrictiveness, provide
  817  multilevel education and treatment programs using different
  818  treatment protocols, and have facilities that coexist separately
  819  in distinct locations on the same property. Youth assessed and
  820  classified for placement in programs at this commitment level
  821  represent a low risk to themselves and public safety but do
  822  require placement and services in residential settings. Children
  823  who have been found to have committed delinquent acts that
  824  involve firearms, delinquent acts that are sexual offenses, or
  825  delinquent acts that would be life felonies or first degree
  826  felonies if committed by an adult shall not be committed to a
  827  program at this level.
  828         (b)(c)Nonsecure Moderate-risk residential.—Programs or
  829  program models at this commitment level are residential but may
  830  allow youth to have supervised access to the community.
  831  Facilities at this commitment level are either environmentally
  832  secure, staff secure, or are hardware-secure with walls,
  833  fencing, or locking doors. Residential facilities at this
  834  commitment level shall have no more than 90 165 beds each,
  835  including campus-style programs, unless those campus-style
  836  programs include more than one level of restrictiveness, provide
  837  multilevel education and treatment program programs using
  838  different treatment protocols, and have facilities that coexist
  839  separately in distinct locations on the same property.
  840  Facilities at this commitment level shall provide 24-hour awake
  841  supervision, custody, care, and treatment of residents. Youth
  842  assessed and classified for placement in programs at this
  843  commitment level represent a low or moderate risk to public
  844  safety and require close supervision. The staff at a facility at
  845  this commitment level may seclude a child who is a physical
  846  threat to himself or herself or others. Mechanical restraint may
  847  also be used when necessary.
  848         (c)(d)High-risk residential.—Programs or program models at
  849  this commitment level are residential and do not allow youth to
  850  have access to the community, except that temporary release
  851  providing community access for up to 72 continuous hours may be
  852  approved by a court for a youth who has made successful progress
  853  in his or her program in order for the youth to attend a family
  854  emergency or, during the final 60 days of his or her placement,
  855  to visit his or her home, enroll in school or a career and
  856  technical education vocational program, complete a job
  857  interview, or participate in a community service project. High
  858  risk residential facilities are hardware-secure with perimeter
  859  fencing and locking doors. Residential facilities at this
  860  commitment level shall have no more than 90 165 beds each,
  861  including campus-style programs, unless those campus-style
  862  programs include more than one level of restrictiveness, provide
  863  multilevel education and treatment program programs using
  864  different treatment protocols, and have facilities that coexist
  865  separately in distinct locations on the same property.
  866  Facilities at this commitment level shall provide 24-hour awake
  867  supervision, custody, care, and treatment of residents. Youth
  868  assessed and classified for this level of placement require
  869  close supervision in a structured residential setting. Placement
  870  in programs at this level is prompted by a concern for public
  871  safety that outweighs placement in programs at lower commitment
  872  levels. The staff at a facility at this commitment level may
  873  seclude a child who is a physical threat to himself or herself
  874  or others. Mechanical restraint may also be used when necessary.
  875  The facility may provide for single cell occupancy, except that
  876  youth may be housed together during prerelease transition.
  877         (d)(e)Maximum-risk residential.—Programs or program models
  878  at this commitment level include juvenile correctional
  879  facilities and juvenile prisons. The programs at this commitment
  880  level are long-term residential and do not allow youth to have
  881  access to the community. Facilities at this commitment level are
  882  maximum-custody, hardware-secure with perimeter security fencing
  883  and locking doors. Residential facilities at this commitment
  884  level shall have no more than 90 165 beds each, including
  885  campus-style programs, unless those campus-style programs
  886  include more than one level of restrictiveness, provide
  887  multilevel education and treatment program programs using
  888  different treatment protocols, and have facilities that coexist
  889  separately in distinct locations on the same property.
  890  Facilities at this commitment level shall provide 24-hour awake
  891  supervision, custody, care, and treatment of residents. The
  892  staff at a facility at this commitment level may seclude a child
  893  who is a physical threat to himself or herself or others.
  894  Mechanical restraint may also be used when necessary. Facilities
  895  at this commitment level The facility shall provide for single
  896  cell occupancy, except that youth may be housed together during
  897  prerelease transition. Youth assessed and classified for this
  898  level of placement require close supervision in a maximum
  899  security residential setting. Placement in a program at this
  900  level is prompted by a demonstrated need to protect the public.
  901         (43)(47) “Respite” means a placement that is available for
  902  the care, custody, and placement of a youth charged with
  903  domestic violence as an alternative to secure detention or for
  904  placement of a youth when a shelter bed for a child in need of
  905  services or a family in need of services is unavailable.
  906         (45)(48) “Secure detention center or facility” means a
  907  physically restricting facility for the temporary care of
  908  children, pending adjudication, disposition, or placement.
  909         (46)(49) “Shelter” means a place for the temporary care of
  910  a child who is alleged to be or who has been found to be
  911  delinquent.
  912         (50) “Shelter hearing” means a hearing provided for under
  913  s. 984.14 in family-in-need-of-services cases or child-in-need
  914  of-services cases.
  915         (51) “Staff-secure shelter” means a facility in which a
  916  child is supervised 24 hours a day by staff members who are
  917  awake while on duty. The facility is for the temporary care and
  918  assessment of a child who has been found to be dependent, who
  919  has violated a court order and been found in contempt of court,
  920  or whom the Department of Children and Family Services is unable
  921  to properly assess or place for assistance within the continuum
  922  of services provided for dependent children.
  923         (47)(52) “Substance abuse” means using, without medical
  924  reason, any psychoactive or mood-altering drug, including
  925  alcohol, in such a manner as to induce impairment resulting in
  926  dysfunctional social behavior.
  927         (48)(53) “Taken into custody” means the status of a child
  928  immediately when temporary physical control over the child is
  929  attained by a person authorized by law, pending the child’s
  930  release, detention, placement, or other disposition as
  931  authorized by law.
  932         (49)(54) “Temporary legal custody” means the relationship
  933  that a juvenile court creates between a child and an adult
  934  relative of the child, adult nonrelative approved by the court,
  935  or other person until a more permanent arrangement is ordered.
  936  Temporary legal custody confers upon the custodian the right to
  937  have temporary physical custody of the child and the right and
  938  duty to protect, train, and discipline the child and to provide
  939  the child with food, shelter, and education, and ordinary
  940  medical, dental, psychiatric, and psychological care, unless
  941  these rights and duties are otherwise enlarged or limited by the
  942  court order establishing the temporary legal custody
  943  relationship.
  944         (50)(55) “Temporary release” means the terms and conditions
  945  under which a child is temporarily released from a residential
  946  commitment facility or allowed home visits. If the temporary
  947  release is from a nonsecure moderate-risk residential facility,
  948  a high-risk residential facility, or a maximum-risk residential
  949  facility, the terms and conditions of the temporary release must
  950  be approved by the child, the court, and the facility. The term
  951  includes periods during which the child is supervised pursuant
  952  to a conditional release program or a period during which the
  953  child is supervised by a juvenile probation officer or other
  954  nonresidential staff of the department or staff employed by an
  955  entity under contract with the department.
  956         (51)(56) “Transition-to-adulthood services” means services
  957  that are provided for youth in the custody of the department or
  958  under the supervision of the department and that have the
  959  objective of instilling the knowledge, skills, and aptitudes
  960  essential to a socially integrated, self-supporting adult life.
  961  The services may include, but are not limited to:
  962         (a) Assessment of the youth’s ability and readiness for
  963  adult life.
  964         (b) A plan for the youth to acquire the knowledge,
  965  information, and counseling necessary to make a successful
  966  transition to adulthood.
  967         (c) Services that have proven effective toward achieving
  968  the transition to adulthood.
  969         (52) “Trauma-informed care” means services that are
  970  provided to children with a history of trauma, recognizing the
  971  symptoms of trauma and acknowledging the role that trauma has
  972  played in the child’s life. Trauma may include, but is not
  973  limited to, community and school violence, physical or sexual
  974  abuse, neglect, medical difficulties, and domestic violence.
  975         (53)(57) “Violation of law” or “delinquent act” means a
  976  violation of any law of this state, the United States, or any
  977  other state which is a misdemeanor or a felony or a violation of
  978  a county or municipal ordinance which would be punishable by
  979  incarceration if the violation were committed by an adult.
  980         (54)(58) “Waiver hearing” means a hearing provided for
  981  under s. 985.556(4).
  982         Section 4. Subsections (4) and (5) of section 985.0301,
  983  Florida Statutes, are amended to read:
  984         985.0301 Jurisdiction.—
  985         (4)(a) Petitions alleging delinquency shall be filed in the
  986  county where the delinquent act or violation of law occurred. ,
  987  but The circuit court for that county may transfer the case to
  988  the circuit court of the circuit in which the child resides or
  989  will reside at the time of detention or placement for
  990  dispositional purposes. A child who has been detained may shall
  991  be transferred to the appropriate detention center or facility
  992  in the circuit in which the child resides or will reside at the
  993  time of detention or other placement directed by the receiving
  994  court.
  995         (b) The jurisdiction to be exercised by the court when a
  996  child is taken into custody before the filing of a petition
  997  under subsection (2) shall be exercised by the circuit court for
  998  the county in which the child is taken into custody, which court
  999  shall have personal jurisdiction of the child and the child’s
 1000  parent or legal guardian. Upon the filing of a petition in the
 1001  appropriate circuit court, the court that is exercising initial
 1002  jurisdiction of the person of the child shall, if the child has
 1003  been detained, immediately order the child to be transferred to
 1004  the detention center or facility or other placement as ordered
 1005  by the court having subject matter jurisdiction of the case.
 1006         (5)(a) Notwithstanding s. ss. 743.07, 985.43, 985.433,
 1007  985.435, 985.439, and 985.441, and except as provided in ss.
 1008  985.461 and 985.465 and paragraph (b) (f), when the jurisdiction
 1009  of any child who is alleged to have committed a delinquent act
 1010  or violation of law is obtained, the court shall retain
 1011  jurisdiction to dispose a case, unless relinquished by its
 1012  order, until the child reaches 19 years of age, with the same
 1013  power over the child which the court had before the child became
 1014  an adult. For the purposes of s. 985.461, the court may retain
 1015  jurisdiction for an additional 365 days following the child’s
 1016  19th birthday if the child is participating in transition-to
 1017  adulthood services. The additional services do not extend
 1018  involuntary court-sanctioned residential commitment and
 1019  therefore require voluntary participation by the affected youth.
 1020         (b) The court shall retain jurisdiction, Notwithstanding
 1021  ss. 743.07 and 985.455(3), the term of any order placing a child
 1022  in a probation program must be until the child’s 19th birthday
 1023  unless relinquished by its own order:
 1024         1. Over a child on probation until the child reaches 19
 1025  years of age he or she is released by the court on the motion of
 1026  an interested party or on his or her own motion.
 1027         2. Over a child committed to the department until the child
 1028  reaches 21 years of age, specifically for the purpose of
 1029  allowing the child to complete the commitment program, including
 1030  conditional release supervision.
 1031         (c) The court shall retain jurisdiction over a juvenile
 1032  sexual offender, as defined in s. 985.475, who has been placed
 1033  on community-based treatment alternative with supervision or who
 1034  has been placed in a program or facility for juvenile sexual
 1035  offenders, pursuant to s. 985.48, until the juvenile sexual
 1036  offender reaches 21 years of age, specifically for the purpose
 1037  of allowing the juvenile to complete the program.
 1038         (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
 1039  the commitment must be until the child is discharged by the
 1040  department or until he or she reaches the age of 21 years.
 1041  Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
 1042  985.455, and 985.513, and except as provided in this section, a
 1043  child may not be held under a commitment from a court under s.
 1044  985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
 1045  21 years of age.
 1046         (d) The court may retain jurisdiction over a child
 1047  committed to the department for placement in a juvenile prison
 1048  or in a high-risk or maximum-risk residential commitment program
 1049  to allow the child to participate in a juvenile conditional
 1050  release program pursuant to s. 985.46. The jurisdiction of the
 1051  court may not be retained after the child’s 22nd birthday.
 1052  However, if the child is not successful in the conditional
 1053  release program, the department may use the transfer procedure
 1054  under s. 985.441(4).
 1055         (e) The court may retain jurisdiction over a child
 1056  committed to the department for placement in an intensive
 1057  residential treatment program for 10-year-old to 13-year-old
 1058  offenders, in the residential commitment program in a juvenile
 1059  prison or in a residential sex offender program until the child
 1060  reaches the age of 21. If the court exercises this jurisdiction
 1061  retention, it shall do so solely for the purpose of the child
 1062  completing the intensive residential treatment program for 10
 1063  year-old to 13-year-old offenders, in the residential commitment
 1064  program in a juvenile prison, or in a residential sex offender
 1065  program. Such jurisdiction retention does not apply for other
 1066  programs, other purposes, or new offenses.
 1067         (f) The court may retain jurisdiction over a child
 1068  committed to a juvenile correctional facility or a juvenile
 1069  prison until the child reaches the age of 21 years, specifically
 1070  for the purpose of allowing the child to complete such program.
 1071         (g) The court may retain jurisdiction over a juvenile
 1072  sexual offender who has been placed in a program or facility for
 1073  juvenile sexual offenders until the juvenile sexual offender
 1074  reaches the age of 21, specifically for the purpose of
 1075  completing the program.
 1076         (d)(h) The court may retain jurisdiction over a child and
 1077  the child’s parent or legal guardian whom the court has ordered
 1078  to pay restitution until the restitution order is satisfied. To
 1079  retain jurisdiction, the court shall enter a restitution order,
 1080  which is separate from any disposition or order of commitment,
 1081  on or prior to the date that the court’s jurisdiction would
 1082  cease under this section. The contents of the restitution order
 1083  shall be limited to the child’s name and address, the name and
 1084  address of the parent or legal guardian, the name and address of
 1085  the payee, the case number, the date and amount of restitution
 1086  ordered, any amount of restitution paid, the amount of
 1087  restitution due and owing, and a notation that costs, interest,
 1088  penalties, and attorney fees may also be due and owing. The
 1089  terms of the restitution order are subject to s. 775.089(5).
 1090         (e)(i) This subsection does not prevent the exercise of
 1091  jurisdiction by any court having jurisdiction of the child if
 1092  the child, after becoming an adult, commits a violation of law.
 1093         Section 5. Subsections (2) and (4) of section 985.037,
 1094  Florida Statutes, are amended to read:
 1095         985.037 Punishment for contempt of court; alternative
 1096  sanctions.—
 1097         (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
 1098  be placed in a secure detention facility for purposes of
 1099  punishment for contempt of court if alternative sanctions are
 1100  unavailable or inappropriate, or if the child has already been
 1101  ordered to serve an alternative sanction but failed to comply
 1102  with the sanction. A delinquent child who has been held in
 1103  direct or indirect contempt may be placed in a secure detention
 1104  facility not to exceed 5 days for a first offense and not to
 1105  exceed 15 days for a second or subsequent offense.
 1106         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 1107  PROCESS.—
 1108         (a) If a child is charged with direct contempt of court,
 1109  including traffic court, the court may impose an authorized
 1110  sanction immediately. The court must hold a hearing to determine
 1111  if the child committed direct contempt. Due process must be
 1112  afforded to the child during this hearing.
 1113         (b) If a child is charged with indirect contempt of court,
 1114  the court must hold a hearing within 24 hours to determine
 1115  whether the child committed indirect contempt of a valid court
 1116  order. At the hearing, the following due process rights must be
 1117  provided to the child:
 1118         1. Right to a copy of the order to show cause alleging
 1119  facts supporting the contempt charge.
 1120         2. Right to an explanation of the nature and the
 1121  consequences of the proceedings.
 1122         3. Right to legal counsel and the right to have legal
 1123  counsel appointed by the court if the juvenile is indigent,
 1124  under s. 985.033.
 1125         4. Right to confront witnesses.
 1126         5. Right to present witnesses.
 1127         6. Right to have a transcript or record of the proceeding.
 1128         7. Right to appeal to an appropriate court.
 1129  
 1130  The child’s parent or guardian may address the court regarding
 1131  the due process rights of the child. Upon motion by the defense
 1132  attorney or state attorney, the court shall review the placement
 1133  of the child every 72 hours to determine whether it is
 1134  appropriate for the child to remain in the facility.
 1135         (c) The court may not order that a child be placed in a
 1136  secure detention facility for punishment for contempt unless the
 1137  court determines that an alternative sanction is inappropriate
 1138  or unavailable or that the child was initially ordered to an
 1139  alternative sanction and did not comply with the alternative
 1140  sanction. The court is encouraged to order a child to perform
 1141  community service, up to the maximum number of hours, where
 1142  appropriate before ordering that the child be placed in a secure
 1143  detention facility as punishment for contempt of court.
 1144         (d) In addition to any other sanction imposed under this
 1145  section, the court may direct the Department of Highway Safety
 1146  and Motor Vehicles to withhold issuance of, or suspend, a
 1147  child’s driver driver’s license or driving privilege. The court
 1148  may order that a child’s driver driver’s license or driving
 1149  privilege be withheld or suspended for up to 1 year for a first
 1150  offense of contempt and up to 2 years for a second or subsequent
 1151  offense. If the child’s driver driver’s license or driving
 1152  privilege is suspended or revoked for any reason at the time the
 1153  sanction for contempt is imposed, the court shall extend the
 1154  period of suspension or revocation by the additional period
 1155  ordered under this paragraph. If the child’s driver driver’s
 1156  license is being withheld at the time the sanction for contempt
 1157  is imposed, the period of suspension or revocation ordered under
 1158  this paragraph shall begin on the date on which the child is
 1159  otherwise eligible to drive.
 1160         Section 6. Paragraph (a) of subsection (1) of section
 1161  985.039, Florida Statutes, is amended to read:
 1162         985.039 Cost of supervision; cost of care.—
 1163         (1) Except as provided in subsection (3) or subsection (4):
 1164         (a) When any child is placed into nonsecure home detention,
 1165  probation, or other supervision status with the department, or
 1166  is committed to the minimum-risk nonresidential restrictiveness
 1167  level, the court shall order the parent of such child to pay to
 1168  the department a fee for the cost of the supervision of such
 1169  child in the amount of $1 per day for each day that the child is
 1170  in such status.
 1171         Section 7. Subsection (5) of section 985.045, Florida
 1172  Statutes, is amended to read:
 1173         985.045 Court records.—
 1174         (5) This chapter does not prohibit a circuit court from
 1175  providing a restitution order containing the information
 1176  prescribed in s. 985.0301(5)(d) 985.0301(5)(h) to a collection
 1177  court or a private collection agency for the sole purpose of
 1178  collecting unpaid restitution ordered in a case in which the
 1179  circuit court has retained jurisdiction over the child and the
 1180  child’s parent or legal guardian. The collection court or
 1181  private collection agency shall maintain the confidential status
 1182  of the information to the extent such confidentiality is
 1183  provided by law.
 1184         Section 8. Paragraph (d) of subsection (1) and subsection
 1185  (3) of section 985.101, Florida Statutes, are amended to read:
 1186         985.101 Taking a child into custody.—
 1187         (1) A child may be taken into custody under the following
 1188  circumstances:
 1189         (d) By a law enforcement officer who has probable cause to
 1190  believe that the child is in violation of the conditions of the
 1191  child’s probation, nonsecure home detention, postcommitment
 1192  probation, or conditional release supervision; has absconded
 1193  from nonresidential commitment; or has escaped from residential
 1194  commitment.
 1195  
 1196  Nothing in this subsection shall be construed to allow the
 1197  detention of a child who does not meet the detention criteria in
 1198  part V.
 1199         (3) When a child is taken into custody as provided in this
 1200  section, the person taking the child into custody shall attempt
 1201  to notify the parent, guardian, or legal custodian of the child.
 1202  The person taking the child into custody shall continue such
 1203  attempt until the parent, guardian, or legal custodian of the
 1204  child is notified or the child is delivered to the department a
 1205  juvenile probation officer under ss. 985.14 and 985.145,
 1206  whichever occurs first. If the child is delivered to the
 1207  department a juvenile probation officer before the parent,
 1208  guardian, or legal custodian is notified, the department
 1209  juvenile probation officer shall continue the attempt to notify
 1210  until the parent, guardian, or legal custodian of the child is
 1211  notified. Following notification, the parent or guardian must
 1212  provide identifying information, including name, address, date
 1213  of birth, social security number, and driver driver’s license
 1214  number or identification card number of the parent or guardian
 1215  to the person taking the child into custody or the department
 1216  juvenile probation officer.
 1217         Section 9. Section 985.105, Florida Statutes, is repealed.
 1218         Section 10. Paragraph (b) of subsection (1) of section
 1219  985.11, Florida Statutes, is amended to read:
 1220         985.11 Fingerprinting and photographing.—
 1221         (1)
 1222         (b) Unless the child is issued a civil citation or is
 1223  participating in a similar diversion program pursuant to s.
 1224  985.12, a child who is charged with or found to have committed
 1225  one of the following offenses shall be fingerprinted, and the
 1226  fingerprints shall be submitted to the Department of Law
 1227  Enforcement as provided in s. 943.051(3)(b):
 1228         1. Assault, as defined in s. 784.011.
 1229         2. Battery, as defined in s. 784.03.
 1230         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1231         4. Unlawful use of destructive devices or bombs, as defined
 1232  in s. 790.1615(1).
 1233         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1234         6. Assault on a law enforcement officer, a firefighter, or
 1235  other specified officers, as defined in s. 784.07(2)(a).
 1236         7. Open carrying of a weapon, as defined in s. 790.053.
 1237         8. Exposure of sexual organs, as defined in s. 800.03.
 1238         9. Unlawful possession of a firearm, as defined in s.
 1239  790.22(5).
 1240         10. Petit theft, as defined in s. 812.014.
 1241         11. Cruelty to animals, as defined in s. 828.12(1).
 1242         12. Arson, resulting in bodily harm to a firefighter, as
 1243  defined in s. 806.031(1).
 1244         13. Unlawful possession or discharge of a weapon or firearm
 1245  at a school-sponsored event or on school property as defined in
 1246  s. 790.115.
 1247  
 1248  A law enforcement agency may fingerprint and photograph a child
 1249  taken into custody upon probable cause that such child has
 1250  committed any other violation of law, as the agency deems
 1251  appropriate. Such fingerprint records and photographs shall be
 1252  retained by the law enforcement agency in a separate file, and
 1253  these records and all copies thereof must be marked “Juvenile
 1254  Confidential.” These records are not available for public
 1255  disclosure and inspection under s. 119.07(1) except as provided
 1256  in ss. 943.053 and 985.04(2), but shall be available to other
 1257  law enforcement agencies, criminal justice agencies, state
 1258  attorneys, the courts, the child, the parents or legal
 1259  custodians of the child, their attorneys, and any other person
 1260  authorized by the court to have access to such records. In
 1261  addition, such records may be submitted to the Department of Law
 1262  Enforcement for inclusion in the state criminal history records
 1263  and used by criminal justice agencies for criminal justice
 1264  purposes. These records may, in the discretion of the court, be
 1265  open to inspection by anyone upon a showing of cause. The
 1266  fingerprint and photograph records shall be produced in the
 1267  court whenever directed by the court. Any photograph taken
 1268  pursuant to this section may be shown by a law enforcement
 1269  officer to any victim or witness of a crime for the purpose of
 1270  identifying the person who committed such crime.
 1271         Section 11. Subsection (2) of section 985.14, Florida
 1272  Statutes, is amended to read:
 1273         985.14 Intake and case management system.—
 1274         (2) The intake process shall be performed by the department
 1275  or juvenile assessment center personnel through a case
 1276  management system. The purpose of the intake process is to
 1277  assess the child’s needs and risks and to determine the most
 1278  appropriate treatment plan and setting for the child’s
 1279  programmatic needs and risks. The intake process shall consist
 1280  of a preliminary screening and may be followed by a
 1281  comprehensive assessment. The comprehensive assessment may
 1282  consist of a full mental health, cognitive impairment, substance
 1283  abuse, or psychosexual evaluation. The intake process shall
 1284  result in choosing the most appropriate services through a
 1285  balancing of the interests and needs of the child with those of
 1286  the family and the community public. The department juvenile
 1287  probation officer shall be responsible for making informed
 1288  decisions and recommendations to other agencies, the state
 1289  attorney, and the courts so that the child and family may
 1290  receive the least intrusive service alternative throughout the
 1291  judicial process. The department shall establish uniform
 1292  procedures for the department juvenile probation officer to
 1293  provide a preliminary screening of the child and family for
 1294  substance abuse and mental health services prior to the filing
 1295  of a petition or as soon as possible thereafter and prior to a
 1296  disposition hearing.
 1297         Section 12. Section 985.145, Florida Statutes, is amended
 1298  to read:
 1299         985.145 Responsibilities of the department juvenile
 1300  probation officer during intake; screenings and assessments.—
 1301         (1) The department juvenile probation officer shall serve
 1302  as the primary case manager for the purpose of managing,
 1303  coordinating, and monitoring the services provided to the child.
 1304  Each program administrator within the Department of Children and
 1305  Families Family Services shall cooperate with the primary case
 1306  manager in carrying out the duties and responsibilities
 1307  described in this section. In addition to duties specified in
 1308  other sections and through departmental rules, the department
 1309  assigned juvenile probation officer shall be responsible for the
 1310  following:
 1311         (a) Reviewing probable cause affidavit.—The department
 1312  juvenile probation officer shall make a preliminary
 1313  determination as to whether the report, affidavit, or complaint
 1314  is complete, consulting with the state attorney as may be
 1315  necessary. A report, affidavit, or complaint alleging that a
 1316  child has committed a delinquent act or violation of law shall
 1317  be made to the intake office operating in the county in which
 1318  the child is found or in which the delinquent act or violation
 1319  of law occurred. Any person or agency having knowledge of the
 1320  facts may make such a written report, affidavit, or complaint
 1321  and shall furnish to the intake office facts sufficient to
 1322  establish the jurisdiction of the court and to support a finding
 1323  by the court that the child has committed a delinquent act or
 1324  violation of law.
 1325         (b) Notification concerning apparent insufficiencies in
 1326  probable cause affidavit.—In any case where the department
 1327  juvenile probation officer or the state attorney finds that the
 1328  report, affidavit, or complaint is insufficient by the standards
 1329  for a probable cause affidavit, the department juvenile
 1330  probation officer or state attorney shall return the report,
 1331  affidavit, or complaint, without delay, to the person or agency
 1332  originating the report, affidavit, or complaint or having
 1333  knowledge of the facts or to the appropriate law enforcement
 1334  agency having investigative jurisdiction of the offense, and
 1335  shall request, and the person or agency shall promptly furnish,
 1336  additional information in order to comply with the standards for
 1337  a probable cause affidavit.
 1338         (c) Screening.—During the intake process, the department
 1339  juvenile probation officer shall screen each child or shall
 1340  cause each child to be screened in order to determine:
 1341         1. Appropriateness for release; referral to a diversionary
 1342  program, including, but not limited to, a teen court program;
 1343  referral for community arbitration; or referral to some other
 1344  program or agency for the purpose of nonofficial or nonjudicial
 1345  handling.
 1346         2. The presence of medical, psychiatric, psychological,
 1347  substance abuse, educational, or career and technical education
 1348  vocational problems, or other conditions that may have caused
 1349  the child to come to the attention of law enforcement or the
 1350  department. The child shall also be screened to determine
 1351  whether the child poses a danger to himself or herself or others
 1352  in the community. The results of this screening shall be made
 1353  available to the court and to court officers. In cases where
 1354  such conditions are identified and a nonjudicial handling of the
 1355  case is chosen, the department juvenile probation officer shall
 1356  attempt to refer the child to a program or agency, together with
 1357  all available and relevant assessment information concerning the
 1358  child’s precipitating condition.
 1359         (d) Completing risk assessment instrument.—The department
 1360  juvenile probation officer shall ensure that a risk assessment
 1361  instrument establishing the child’s eligibility for detention
 1362  has been accurately completed and that the appropriate
 1363  recommendation was made to the court.
 1364         (e) Rights.—The department juvenile probation officer shall
 1365  inquire as to whether the child understands his or her rights to
 1366  counsel and against self-incrimination.
 1367         (f) Multidisciplinary assessment.—The department juvenile
 1368  probation officer shall coordinate the multidisciplinary
 1369  assessment when required, which includes the classification and
 1370  placement process that determines the child’s priority needs,
 1371  risk classification, and treatment plan. When sufficient
 1372  evidence exists to warrant a comprehensive assessment and the
 1373  child fails to voluntarily participate in the assessment
 1374  efforts, the department juvenile probation officer shall inform
 1375  the court of the need for the assessment and the refusal of the
 1376  child to participate in such assessment. This assessment,
 1377  classification, and placement process shall develop into the
 1378  predisposition report.
 1379         (g) Comprehensive assessment.—The department juvenile
 1380  probation officer, pursuant to uniform procedures established by
 1381  the department and upon determining that the report, affidavit,
 1382  or complaint is complete, shall:
 1383         1. Perform the preliminary screening and make referrals for
 1384  a comprehensive assessment regarding the child’s need for
 1385  substance abuse treatment services, mental health services,
 1386  intellectual disability services, literacy services, or other
 1387  educational or treatment services.
 1388         2. If indicated by the preliminary screening, provide for a
 1389  comprehensive assessment of the child and family for substance
 1390  abuse problems, using community-based licensed programs with
 1391  clinical expertise and experience in the assessment of substance
 1392  abuse problems.
 1393         3. If indicated by the preliminary screening, provide for a
 1394  comprehensive assessment of the child and family for mental
 1395  health problems, using community-based psychologists,
 1396  psychiatrists, or other licensed mental health professionals who
 1397  have clinical expertise and experience in the assessment of
 1398  mental health problems.
 1399         (h) Referrals for services.—The department juvenile
 1400  probation officer shall make recommendations for services and
 1401  facilitate the delivery of those services to the child,
 1402  including any mental health services, educational services,
 1403  family counseling services, family assistance services, and
 1404  substance abuse services.
 1405         (i) Recommendation concerning a petition.—Upon determining
 1406  that the report, affidavit, or complaint complies with the
 1407  standards of a probable cause affidavit and that the interests
 1408  of the child and the public will be best served, the department
 1409  juvenile probation officer may recommend that a delinquency
 1410  petition not be filed. If such a recommendation is made, the
 1411  department juvenile probation officer shall advise in writing
 1412  the person or agency making the report, affidavit, or complaint,
 1413  the victim, if any, and the law enforcement agency having
 1414  investigative jurisdiction over the offense of the
 1415  recommendation; the reasons therefor; and that the person or
 1416  agency may submit, within 10 days after the receipt of such
 1417  notice, the report, affidavit, or complaint to the state
 1418  attorney for special review. The state attorney, upon receiving
 1419  a request for special review, shall consider the facts presented
 1420  by the report, affidavit, or complaint, and by the department
 1421  juvenile probation officer who made the recommendation that no
 1422  petition be filed, before making a final decision as to whether
 1423  a petition or information should or should not be filed.
 1424         (j) Completing intake report.—Subject to the interagency
 1425  agreement authorized under this paragraph, the department
 1426  juvenile probation officer for each case in which a child is
 1427  alleged to have committed a violation of law or delinquent act
 1428  and is not detained shall submit a written report to the state
 1429  attorney for each case in which a child is alleged to have
 1430  committed a violation of law or delinquent act and is not
 1431  detained. The report shall be submitted within 20 days after the
 1432  date the child is taken into custody and include, including the
 1433  original police report, complaint, or affidavit, or a copy
 1434  thereof, and including a copy of the child’s prior juvenile
 1435  record, within 20 days after the date the child is taken into
 1436  custody. In cases in which the child is in detention, the intake
 1437  office report must be submitted within 24 hours after the child
 1438  is placed into detention. The intake office report may include a
 1439  recommendation that a petition or information be filed or that
 1440  no petition or information be filed and may set forth reasons
 1441  for the recommendation. The state attorney and the department
 1442  may, on a district-by-district basis, enter into interagency
 1443  agreements denoting the cases that will require a recommendation
 1444  and those for which a recommendation is unnecessary.
 1445         (2) Prior to requesting that a delinquency petition be
 1446  filed or prior to filing a dependency petition, the department
 1447  juvenile probation officer may request the parent or legal
 1448  guardian of the child to attend a course of instruction in
 1449  parenting skills, training in conflict resolution, and the
 1450  practice of nonviolence; to accept counseling; or to receive
 1451  other assistance from any agency in the community which notifies
 1452  the clerk of the court of the availability of its services.
 1453  Where appropriate, the department juvenile probation officer
 1454  shall request both parents or guardians to receive such parental
 1455  assistance. The department juvenile probation officer may, in
 1456  determining whether to request that a delinquency petition be
 1457  filed, take into consideration the willingness of the parent or
 1458  legal guardian to comply with such request. The parent or
 1459  guardian must provide the department juvenile probation officer
 1460  with identifying information, including the parent’s or
 1461  guardian’s name, address, date of birth, social security number,
 1462  and driver driver’s license number or identification card number
 1463  in order to comply with s. 985.039.
 1464         (3) When indicated by the comprehensive assessment, the
 1465  department is authorized to contract within appropriated funds
 1466  for services with a local nonprofit community mental health or
 1467  substance abuse agency licensed or authorized under chapter 394
 1468  or chapter 397 or other authorized nonprofit social service
 1469  agency providing related services. The determination of mental
 1470  health or substance abuse services shall be conducted in
 1471  coordination with existing programs providing mental health or
 1472  substance abuse services in conjunction with the intake office.
 1473         (4) Client information resulting from the screening and
 1474  evaluation shall be documented under rules of the department and
 1475  shall serve to assist the department juvenile probation officer
 1476  in providing the most appropriate services and recommendations
 1477  in the least intrusive manner. Such client information shall be
 1478  used in the multidisciplinary assessment and classification of
 1479  the child, but such information, and any information obtained
 1480  directly or indirectly through the assessment process, is
 1481  inadmissible in court prior to the disposition hearing, unless
 1482  the child’s written consent is obtained. At the disposition
 1483  hearing, documented client information shall serve to assist the
 1484  court in making the most appropriate custody, adjudicatory, and
 1485  dispositional decision.
 1486         (5) If the screening and assessment indicate that the
 1487  interests of the child and the public will be best served, the
 1488  department juvenile probation officer, with the approval of the
 1489  state attorney, may refer the child for care, diagnostic, and
 1490  evaluation services; substance abuse treatment services; mental
 1491  health services; intellectual disability services; a
 1492  diversionary, arbitration, or mediation program; community
 1493  service work; or other programs or treatment services
 1494  voluntarily accepted by the child and the child’s parents or
 1495  legal guardian. If a child volunteers to participate in any work
 1496  program under this chapter or volunteers to work in a specified
 1497  state, county, municipal, or community service organization
 1498  supervised work program or to work for the victim, the child is
 1499  considered an employee of the state for the purposes of
 1500  liability. In determining the child’s average weekly wage,
 1501  unless otherwise determined by a specific funding program, all
 1502  remuneration received from the employer is considered a
 1503  gratuity, and the child is not entitled to any benefits
 1504  otherwise payable under s. 440.15 regardless of whether the
 1505  child may be receiving wages and remuneration from other
 1506  employment with another employer and regardless of the child’s
 1507  future wage-earning capacity.
 1508         (6) The victim, if any, and the law enforcement agency that
 1509  investigated the offense shall be notified immediately by the
 1510  state attorney of the action taken under subsection (5).
 1511         Section 13. Section 985.17, Florida Statutes, is created to
 1512  read:
 1513         985.17 Prevention services.—
 1514         (1) The Legislature finds that prevention services decrease
 1515  recidivism by addressing the needs of at-risk youth and their
 1516  families, preventing further involvement of such youth in the
 1517  juvenile justice system, protecting the safety of the public,
 1518  and facilitating successful reentry of at-risk youth into the
 1519  community. To assist with decreasing recidivism, the
 1520  department’s prevention services shall strengthen protective
 1521  factors and reduce risk factors using tested and effective
 1522  approaches.
 1523         (2) A goal of the department’s prevention services shall be
 1524  to develop the capacity for local communities to serve their
 1525  youth.
 1526         (a) The department shall engage faith and community-based
 1527  organizations to provide a full range of voluntary programs and
 1528  services to prevent and reduce juvenile delinquency, including,
 1529  but not limited to, chaplaincy services, crisis intervention
 1530  counseling, mentoring, and tutoring.
 1531         (b) The department shall establish volunteer coordinators
 1532  in each circuit and encourage the recruitment of volunteers to
 1533  serve as mentors for youth in department services.
 1534         (c) The department shall promote the sale of the Invest in
 1535  Children license plate to help fund programs and services to
 1536  prevent juvenile delinquency. The department shall allocate
 1537  money for programs and services within each county based on that
 1538  county’s proportionate share of the license plate annual use
 1539  fees collected by the county.
 1540         (3) The department’s prevention services for youth at risk
 1541  of becoming delinquent should:
 1542         (a) Focus on preventing initial or further involvement of
 1543  such youth in the juvenile justice system by including services
 1544  such as literacy services, gender-specific programming,
 1545  recreational services, and after-school services, and should
 1546  include targeted services to troubled, truant, ungovernable,
 1547  abused, trafficked, or runaway youth. To decrease the likelihood
 1548  that a youth will commit a delinquent act, the department should
 1549  use mentoring and may provide specialized services addressing
 1550  the strengthening of families, job training, and substance
 1551  abuse.
 1552         (b) Address the multiple needs of such youth in order to
 1553  decrease the prevalence of disproportionate minority
 1554  representation in the juvenile justice system.
 1555         (4) The department shall expend funds related to the
 1556  prevention services in a manner consistent with the policies
 1557  expressed in ss. 984.02 and 985.01 and in a manner that
 1558  maximizes accountability to the public and ensures the
 1559  documentation of outcomes.
 1560         (a) As a condition of receipt of state funds, all entities
 1561  that receive or use state moneys to fund prevention services
 1562  through contracts with the department or grants from any entity
 1563  dispersed by the department shall:
 1564         1. Design the programs providing such services to further
 1565  one or more of the following strategies:
 1566         a. Encouraging youth to attend and succeed in school, which
 1567  may include special assistance and tutoring to address
 1568  deficiencies in academic performance and collecting outcome data
 1569  to reveal the number of days youth attended school while
 1570  participating in the program.
 1571         b. Engaging youth in productive and wholesome activities
 1572  during nonschool hours that build positive character, instill
 1573  positive values, and enhance educational experiences.
 1574         c. Encouraging youth to avoid the use of violence.
 1575         d. Assisting youth in acquiring the skills needed to find
 1576  meaningful employment, which may include assisting the youth in
 1577  finding a suitable employer.
 1578         2. Provide the department with demographic information,
 1579  dates of services, and types of interventions received by each
 1580  youth.
 1581         (b) The department shall monitor output and outcome
 1582  measures for each program strategy in paragraph (a) and annually
 1583  report the outputs and outcomes in the Comprehensive
 1584  Accountability Report as provided in s. 985.632.
 1585         (c) The department shall monitor all state-funded programs
 1586  that receive or use state moneys to fund the prevention services
 1587  through contracts or grants with the department for compliance
 1588  with all provisions in the contracts and grants.
 1589         Section 14. Section 985.24, Florida Statutes, is amended to
 1590  read:
 1591         985.24 Use of detention; prohibitions.—
 1592         (1) All determinations and court orders regarding the use
 1593  of secure, nonsecure, or home detention care shall be based
 1594  primarily upon findings that the child:
 1595         (a) Presents a substantial risk of not appearing at a
 1596  subsequent hearing;
 1597         (b) Presents a substantial risk of inflicting bodily harm
 1598  on others as evidenced by recent behavior, including the illegal
 1599  possession of a firearm;
 1600         (c) Presents a history of committing a property offense
 1601  prior to adjudication, disposition, or placement;
 1602         (d) Has committed contempt of court by:
 1603         1. Intentionally disrupting the administration of the
 1604  court;
 1605         2. Intentionally disobeying a court order; or
 1606         3. Engaging in a punishable act or speech in the court’s
 1607  presence which shows disrespect for the authority and dignity of
 1608  the court; or
 1609         (e) Requests protection from imminent bodily harm.
 1610         (2) A child alleged to have committed a delinquent act or
 1611  violation of law may not be placed into secure or, nonsecure, or
 1612  home detention care for any of the following reasons:
 1613         (a) To allow a parent to avoid his or her legal
 1614  responsibility.
 1615         (b) To permit more convenient administrative access to the
 1616  child.
 1617         (c) To facilitate further interrogation or investigation.
 1618         (d) Due to a lack of more appropriate facilities.
 1619         (3) A child alleged to be dependent under chapter 39 may
 1620  not, under any circumstances, be placed into secure detention
 1621  care.
 1622         (4) The department may, within its existing resources,
 1623  develop nonsecure, nonresidential evening reporting centers as
 1624  an alternative to placing a child in secure detention. Evening
 1625  reporting centers may be collocated with a juvenile assessment
 1626  center. If established, evening reporting centers shall serve
 1627  children and families who are awaiting a child’s court hearing
 1628  and, at a minimum, operate during the afternoon and evening
 1629  hours to provide a highly structured program of supervision.
 1630  Evening reporting centers may also provide academic tutoring,
 1631  counseling, family engagement programs, and other activities.
 1632         (5)(4) The department shall continue to identify
 1633  alternatives to secure detention care and shall develop such
 1634  alternatives and annually submit them to the Legislature for
 1635  authorization and appropriation.
 1636         Section 15. Paragraph (b) of subsection (2) and subsection
 1637  (4) of section 985.245, Florida Statutes, are amended to read:
 1638         985.245 Risk assessment instrument.—
 1639         (2)
 1640         (b) The risk assessment instrument shall take into
 1641  consideration, but need not be limited to, prior history of
 1642  failure to appear, prior offenses, offenses committed pending
 1643  adjudication, any unlawful possession of a firearm, theft of a
 1644  motor vehicle or possession of a stolen motor vehicle, and
 1645  probation status at the time the child is taken into custody.
 1646  The risk assessment instrument shall also take into
 1647  consideration appropriate aggravating and mitigating
 1648  circumstances, and shall be designed to target a narrower
 1649  population of children than s. 985.255. The risk assessment
 1650  instrument shall also include any information concerning the
 1651  child’s history of abuse and neglect. The risk assessment shall
 1652  indicate whether detention care is warranted, and, if detention
 1653  care is warranted, whether the child should be placed into
 1654  secure or, nonsecure, or home detention care.
 1655         (4) For a child who is under the supervision of the
 1656  department through probation, home detention, nonsecure
 1657  detention, conditional release, postcommitment probation, or
 1658  commitment and who is charged with committing a new offense, the
 1659  risk assessment instrument may be completed and scored based on
 1660  the underlying charge for which the child was placed under the
 1661  supervision of the department and the new offense.
 1662         Section 16. Subsection (1) of section 985.25, Florida
 1663  Statutes, is amended to read:
 1664         985.25 Detention intake.—
 1665         (1) The department juvenile probation officer shall receive
 1666  custody of a child who has been taken into custody from the law
 1667  enforcement agency or court and shall review the facts in the
 1668  law enforcement report or probable cause affidavit and make such
 1669  further inquiry as may be necessary to determine whether
 1670  detention care is appropriate required.
 1671         (a) During the period of time from the taking of the child
 1672  into custody to the date of the detention hearing, the initial
 1673  decision as to the child’s placement into secure detention care,
 1674  or nonsecure detention care, or home detention care shall be
 1675  made by the department juvenile probation officer under ss.
 1676  985.24 and 985.245(1).
 1677         (b) The department juvenile probation officer shall base
 1678  the decision whether or not to place the child into secure
 1679  detention care, home detention care, or nonsecure detention care
 1680  on an assessment of risk in accordance with the risk assessment
 1681  instrument and procedures developed by the department under s.
 1682  985.245. However, a child charged with possessing or discharging
 1683  a firearm on school property in violation of s. 790.115 shall be
 1684  placed in secure detention care. A child who has been taken into
 1685  custody on three or more separate occasions within a 60-day
 1686  period shall be placed in secure detention care until the
 1687  child’s detention hearing.
 1688         (c) If the final score on the child’s risk assessment
 1689  instrument indicates juvenile probation officer determines that
 1690  a child who is eligible for detention care is appropriate, but
 1691  the department otherwise determines the child based upon the
 1692  results of the risk assessment instrument should be released,
 1693  the department juvenile probation officer shall contact the
 1694  state attorney, who may authorize release.
 1695         (d) If the final score on the risk assessment instrument
 1696  indicates detention is not appropriate authorized, the child may
 1697  be released by the department juvenile probation officer in
 1698  accordance with ss. 985.115 and 985.13.
 1699  
 1700  Under no circumstances shall the department juvenile probation
 1701  officer or the state attorney or law enforcement officer
 1702  authorize the detention of any child in a jail or other facility
 1703  intended or used for the detention of adults, without an order
 1704  of the court.
 1705         Section 17. Subsections (1) and (2) and paragraphs (a) and
 1706  (c) of subsection (3) of section 985.255, Florida Statutes, are
 1707  amended to read:
 1708         985.255 Detention criteria; detention hearing.—
 1709         (1) Subject to s. 985.25(1), a child taken into custody and
 1710  placed into secure or nonsecure or home detention care shall be
 1711  given a hearing within 24 hours after being taken into custody.
 1712  At the hearing, the court may order continued detention or
 1713  detained in secure detention care prior to a detention hearing
 1714  may continue to be detained by the court if:
 1715         (a) The child is alleged to be an escapee from a
 1716  residential commitment program; or an absconder from a
 1717  nonresidential commitment program, a probation program, or
 1718  conditional release supervision; or is alleged to have escaped
 1719  while being lawfully transported to or from a residential
 1720  commitment program.
 1721         (b) The child is wanted in another jurisdiction for an
 1722  offense which, if committed by an adult, would be a felony.
 1723         (c) The child is charged with a delinquent act or violation
 1724  of law and requests in writing through legal counsel to be
 1725  detained for protection from an imminent physical threat to his
 1726  or her personal safety.
 1727         (d) The child is charged with committing an offense of
 1728  domestic violence as defined in s. 741.28 and is detained as
 1729  provided in subsection (2).
 1730         (e) The child is charged with possession of or discharging
 1731  a firearm on school property in violation of s. 790.115 or the
 1732  illegal possession of a firearm.
 1733         (f) The child is charged with a capital felony, a life
 1734  felony, a felony of the first degree, a felony of the second
 1735  degree that does not involve a violation of chapter 893, or a
 1736  felony of the third degree that is also a crime of violence,
 1737  including any such offense involving the use or possession of a
 1738  firearm.
 1739         (g) The child is charged with any second degree or third
 1740  degree felony involving a violation of chapter 893 or any third
 1741  degree felony that is not also a crime of violence, and the
 1742  child:
 1743         1. Has a record of failure to appear at court hearings
 1744  after being properly notified in accordance with the Rules of
 1745  Juvenile Procedure;
 1746         2. Has a record of law violations prior to court hearings;
 1747         3. Has already been detained or has been released and is
 1748  awaiting final disposition of the case;
 1749         4. Has a record of violent conduct resulting in physical
 1750  injury to others; or
 1751         5. Is found to have been in possession of a firearm.
 1752         (h) The child is alleged to have violated the conditions of
 1753  the child’s probation or conditional release supervision.
 1754  However, a child detained under this paragraph may be held only
 1755  in a consequence unit as provided in s. 985.439. If a
 1756  consequence unit is not available, the child shall be placed on
 1757  nonsecure home detention with electronic monitoring.
 1758         (i) The child is detained on a judicial order for failure
 1759  to appear and has previously willfully failed to appear, after
 1760  proper notice:,
 1761         1. For an adjudicatory hearing on the same case regardless
 1762  of the results of the risk assessment instrument; or
 1763         2. At two or more court hearings of any nature on the same
 1764  case regardless of the results of the risk assessment
 1765  instrument.
 1766  
 1767  A child may be held in secure detention for up to 72 hours in
 1768  advance of the next scheduled court hearing pursuant to this
 1769  paragraph. The child’s failure to keep the clerk of court and
 1770  defense counsel informed of a current and valid mailing address
 1771  where the child will receive notice to appear at court
 1772  proceedings does not provide an adequate ground for excusal of
 1773  the child’s nonappearance at the hearings.
 1774         (j) The child is detained on a judicial order for failure
 1775  to appear and has previously willfully failed to appear, after
 1776  proper notice, at two or more court hearings of any nature on
 1777  the same case regardless of the results of the risk assessment
 1778  instrument. A child may be held in secure detention for up to 72
 1779  hours in advance of the next scheduled court hearing pursuant to
 1780  this paragraph. The child’s failure to keep the clerk of court
 1781  and defense counsel informed of a current and valid mailing
 1782  address where the child will receive notice to appear at court
 1783  proceedings does not provide an adequate ground for excusal of
 1784  the child’s nonappearance at the hearings.
 1785         (2) A child who is charged with committing an offense that
 1786  is classified as an act of domestic violence as defined in s.
 1787  741.28 and whose risk assessment instrument indicates secure
 1788  detention is not appropriate who does not meet detention
 1789  criteria may be held in secure detention if the court makes
 1790  specific written findings that:
 1791         (a) Respite care for the child is not available; or.
 1792         (b) It is necessary to place the child in secure detention
 1793  in order to protect the victim from injury.
 1794  
 1795  The child may not be held in secure detention under this
 1796  subsection for more than 48 hours unless ordered by the court.
 1797  After 48 hours, the court shall hold a hearing if the state
 1798  attorney or victim requests that secure detention be continued.
 1799  The child may continue to be held in detention care if the court
 1800  makes a specific, written finding that respite care is
 1801  unavailable or it detention care is necessary to protect the
 1802  victim from injury. However, the child may not be held in
 1803  detention care beyond the time limits set forth in this section
 1804  or s. 985.26.
 1805         (3)(a) A child who meets any of the criteria in subsection
 1806  (1) and who is ordered to be detained under that subsection
 1807  shall be given a hearing within 24 hours after being taken into
 1808  custody. The purpose of the detention hearing required under
 1809  subsection (1) is to determine the existence of probable cause
 1810  that the child has committed the delinquent act or violation of
 1811  law that he or she is charged with and the need for continued
 1812  detention. Unless a child is detained under paragraph (1)(d) or
 1813  paragraph (1)(e), the court shall use the results of the risk
 1814  assessment performed by the department juvenile probation
 1815  officer and, based on the criteria in subsection (1), shall
 1816  determine the need for continued detention. A child placed into
 1817  secure, nonsecure, or home detention care may continue to be so
 1818  detained by the court.
 1819         (c) Except as provided in s. 790.22(8) or in s. 985.27,
 1820  when a child is placed into secure or nonsecure detention care,
 1821  or into a respite home or other placement pursuant to a court
 1822  order following a hearing, the court order must include specific
 1823  instructions that direct the release of the child from such
 1824  placement no later than 5 p.m. on the last day of the detention
 1825  period specified in s. 985.26 or s. 985.27, whichever is
 1826  applicable, unless the requirements of such applicable provision
 1827  have been met or an order of continuance has been granted under
 1828  s. 985.26(4). If the court order does not include a release
 1829  date, the release date shall be requested from the court on the
 1830  same date that the child is placed in detention care. If a
 1831  subsequent hearing is needed to provide additional information
 1832  to the court for safety planning, the initial order placing the
 1833  child in detention care shall reflect the next detention review
 1834  hearing, which shall be held within 3 calendar days after the
 1835  child’s initial detention placement.
 1836         Section 18. Subsections (1), (2), and (3) of section
 1837  985.26, Florida Statutes, are amended to read:
 1838         985.26 Length of detention.—
 1839         (1) A child may not be placed into or held in secure or,
 1840  nonsecure, or home detention care for longer than 24 hours
 1841  unless the court orders such detention care, and the order
 1842  includes specific instructions that direct the release of the
 1843  child from such detention care, in accordance with s. 985.255.
 1844  The order shall be a final order, reviewable by appeal under s.
 1845  985.534 and the Florida Rules of Appellate Procedure. Appeals of
 1846  such orders shall take precedence over other appeals and other
 1847  pending matters.
 1848         (2) A child may not be held in secure or, nonsecure, or
 1849  home detention care under a special detention order for more
 1850  than 21 days unless an adjudicatory hearing for the case has
 1851  been commenced in good faith by the court. However, upon good
 1852  cause being shown that the nature of the charge requires
 1853  additional time for the prosecution or defense of the case, the
 1854  court may extend the length of detention for an additional 9
 1855  days if the child is charged with an offense that would be, if
 1856  committed by an adult, a capital felony, a life felony, a felony
 1857  of the first degree, or a felony of the second degree involving
 1858  violence against any individual.
 1859         (3) Except as provided in subsection (2), a child may not
 1860  be held in secure or, nonsecure, or home detention care for more
 1861  than 15 days following the entry of an order of adjudication.
 1862         Section 19. Section 985.265, Florida Statutes, is amended
 1863  to read:
 1864         985.265 Detention transfer and release; education; adult
 1865  jails.—
 1866         (1) If a child is detained under this part, the department
 1867  may transfer the child from nonsecure or home detention care to
 1868  secure detention care only if significantly changed
 1869  circumstances warrant such transfer.
 1870         (2) If a child is on release status and not detained under
 1871  this part, the child may be placed into secure or, nonsecure, or
 1872  home detention care only pursuant to a court hearing in which
 1873  the original risk assessment instrument and the, rescored based
 1874  on newly discovered evidence or changed circumstances are
 1875  introduced into evidence with a rescored risk assessment
 1876  instrument with the results recommending detention, is
 1877  introduced into evidence.
 1878         (3)(a) When a juvenile sexual offender is placed in
 1879  detention, detention staff shall provide appropriate monitoring
 1880  and supervision to ensure the safety of other children in the
 1881  facility.
 1882         (b) When a juvenile sexual offender, under this subsection,
 1883  is released from secure detention or transferred to home
 1884  detention or nonsecure detention, detention staff shall
 1885  immediately notify the appropriate law enforcement agency, and
 1886  school personnel, and victim if the juvenile is charged with
 1887  committing any of the following offenses or attempting to commit
 1888  any of the following offenses:
 1889         1. Murder, under s. 782.04;
 1890         2. Sexual battery, under chapter 794;
 1891         3. Stalking, under s. 784.048; or
 1892         4. Domestic violence, as defined in s. 741.28.
 1893         (4)(a) While a child who is currently enrolled in school is
 1894  in nonsecure or home detention care, the child shall continue to
 1895  attend school unless otherwise ordered by the court.
 1896         (b) While a child is in secure detention care, the child
 1897  shall receive education commensurate with his or her grade level
 1898  and educational ability.
 1899         (5) The court shall order the delivery of a child to a jail
 1900  or other facility intended or used for the detention of adults:
 1901         (a) When the child has been transferred or indicted for
 1902  criminal prosecution as an adult under part X, except that the
 1903  court may not order or allow a child alleged to have committed a
 1904  misdemeanor who is being transferred for criminal prosecution
 1905  pursuant to either s. 985.556 or s. 985.557 to be detained or
 1906  held in a jail or other facility intended or used for the
 1907  detention of adults; however, such child may be held temporarily
 1908  in a detention facility; or
 1909         (b) When a child taken into custody in this state is wanted
 1910  by another jurisdiction for prosecution as an adult.
 1911  
 1912  The child shall be housed separately from adult inmates to
 1913  prohibit a child from having regular contact with incarcerated
 1914  adults, including trustees. “Regular contact” means sight and
 1915  sound contact. Separation of children from adults shall permit
 1916  no more than haphazard or accidental contact. The receiving jail
 1917  or other facility shall contain a separate section for children
 1918  and shall have an adequate staff to supervise and monitor the
 1919  child’s activities at all times. Supervision and monitoring of
 1920  children includes physical observation and documented checks by
 1921  jail or receiving facility supervisory personnel at intervals
 1922  not to exceed 10 15 minutes. This subsection does not prohibit
 1923  placing two or more children in the same cell. Under no
 1924  circumstances shall a child be placed in the same cell with an
 1925  adult.
 1926         Section 20. Section 985.27, Florida Statutes, is amended to
 1927  read:
 1928         985.27 Postdisposition Postcommitment detention while
 1929  awaiting commitment placement.—
 1930         (1) The court must place all children who are adjudicated
 1931  and awaiting placement in a commitment program in detention
 1932  care. Children who are in home detention care or nonsecure
 1933  detention care may be placed on electronic monitoring.
 1934         (a) A child who is awaiting placement in a low-risk
 1935  residential program must be removed from detention within 5
 1936  days, excluding Saturdays, Sundays, and legal holidays. Any
 1937  child held in secure detention during the 5 days must meet
 1938  detention admission criteria under this part. A child who is
 1939  placed in home detention care, nonsecure detention care, or home
 1940  or nonsecure detention care with electronic monitoring, while
 1941  awaiting placement in a minimum-risk or low-risk program, may be
 1942  held in secure detention care for 5 days, if the child violates
 1943  the conditions of the home detention care, the nonsecure
 1944  detention care, or the electronic monitoring agreement. For any
 1945  subsequent violation, the court may impose an additional 5 days
 1946  in secure detention care.
 1947         (a)(b) A child who is awaiting placement in a nonsecure
 1948  moderate-risk residential program must be removed from detention
 1949  within 5 days, excluding Saturdays, Sundays, and legal holidays.
 1950  Any child held in secure detention during the 5 days must meet
 1951  detention admission criteria under this part. The department may
 1952  seek an order from the court authorizing continued detention for
 1953  a specific period of time necessary for the appropriate
 1954  residential placement of the child. However, such continued
 1955  detention in secure detention care may not exceed 15 days after
 1956  entry of the commitment order, excluding Saturdays, Sundays, and
 1957  legal holidays, and except as otherwise provided in this
 1958  section. A child who is placed in home detention care, nonsecure
 1959  detention care, or home or nonsecure detention care with
 1960  electronic monitoring, while awaiting placement in a nonsecure
 1961  residential moderate-risk program, may be held in secure
 1962  detention care for 5 days, if the child violates the conditions
 1963  of the home detention care, the nonsecure detention care, or the
 1964  electronic monitoring agreement. For any subsequent violation,
 1965  the court may impose an additional 5 days in secure detention
 1966  care.
 1967         (b)(c) If the child is committed to a high-risk residential
 1968  program, the child must be held in secure detention care until
 1969  placement or commitment is accomplished.
 1970         (c)(d) If the child is committed to a maximum-risk
 1971  residential program, the child must be held in secure detention
 1972  care until placement or commitment is accomplished.
 1973         (2) Regardless of detention status, a child being
 1974  transported by the department to a residential commitment
 1975  facility of the department may be placed in secure detention
 1976  overnight, not to exceed a 24-hour period, for the specific
 1977  purpose of ensuring the safe delivery of the child to his or her
 1978  residential commitment program, court, appointment, transfer, or
 1979  release.
 1980         Section 21. Subsection (1) of section 985.275, Florida
 1981  Statutes, is amended to read:
 1982         985.275 Detention of escapee or absconder on authority of
 1983  the department.—
 1984         (1) If an authorized agent of the department has reasonable
 1985  grounds to believe that any delinquent child committed to the
 1986  department has escaped from a residential commitment facility or
 1987  from being lawfully transported thereto or therefrom, or has
 1988  absconded from a nonresidential commitment facility, the agent
 1989  shall notify law enforcement and, if the offense would require
 1990  notification under chapter 960, notify the victim. The agent
 1991  shall make every reasonable effort as permitted within existing
 1992  resources provided to the department to locate the delinquent
 1993  child and the child may be returned to the facility take the
 1994  child into active custody and may deliver the child to the
 1995  facility or, if it is closer, to a detention center for return
 1996  to the facility. However, a child may not be held in detention
 1997  longer than 24 hours, excluding Saturdays, Sundays, and legal
 1998  holidays, unless a special order so directing is made by the
 1999  judge after a detention hearing resulting in a finding that
 2000  detention is required based on the criteria in s. 985.255. The
 2001  order shall state the reasons for such finding. The reasons
 2002  shall be reviewable by appeal or in habeas corpus proceedings in
 2003  the district court of appeal.
 2004         Section 22. Paragraph (b) of subsection (4), paragraph (h)
 2005  of subsection (6), and paragraph (a) of subsection (7) of
 2006  section 985.433, Florida Statutes, are amended to read:
 2007         985.433 Disposition hearings in delinquency cases.—When a
 2008  child has been found to have committed a delinquent act, the
 2009  following procedures shall be applicable to the disposition of
 2010  the case:
 2011         (4) Before the court determines and announces the
 2012  disposition to be imposed, it shall:
 2013         (b) Discuss with the child his or her compliance with any
 2014  predisposition home release plan or other plan imposed since the
 2015  date of the offense.
 2016         (6) The first determination to be made by the court is a
 2017  determination of the suitability or nonsuitability for
 2018  adjudication and commitment of the child to the department. This
 2019  determination shall include consideration of the recommendations
 2020  of the department, which may include a predisposition report.
 2021  The predisposition report shall include, whether as part of the
 2022  child’s multidisciplinary assessment, classification, and
 2023  placement process components or separately, evaluation of the
 2024  following criteria:
 2025         (h) The child’s educational status, including, but not
 2026  limited to, the child’s strengths, abilities, and unmet and
 2027  special educational needs. The report shall identify appropriate
 2028  educational and career vocational goals for the child. Examples
 2029  of appropriate goals include:
 2030         1. Attainment of a high school diploma or its equivalent.
 2031         2. Successful completion of literacy courses course(s).
 2032         3. Successful completion of career and technical education
 2033  courses vocational course(s).
 2034         4. Successful attendance and completion of the child’s
 2035  current grade or recovery of credits of classes the child
 2036  previously failed, if enrolled in school.
 2037         5. Enrollment in an apprenticeship or a similar program.
 2038  
 2039  It is the intent of the Legislature that the criteria set forth
 2040  in this subsection are general guidelines to be followed at the
 2041  discretion of the court and not mandatory requirements of
 2042  procedure. It is not the intent of the Legislature to provide
 2043  for the appeal of the disposition made under this section.
 2044         (7) If the court determines that the child should be
 2045  adjudicated as having committed a delinquent act and should be
 2046  committed to the department, such determination shall be in
 2047  writing or on the record of the hearing. The determination shall
 2048  include a specific finding of the reasons for the decision to
 2049  adjudicate and to commit the child to the department, including
 2050  any determination that the child was a member of a criminal
 2051  gang.
 2052         (a) The department juvenile probation officer shall
 2053  recommend to the court the most appropriate placement and
 2054  treatment plan, specifically identifying the restrictiveness
 2055  level most appropriate for the child if commitment is
 2056  recommended. If the court has determined that the child was a
 2057  member of a criminal gang, that determination shall be given
 2058  great weight in identifying the most appropriate restrictiveness
 2059  level for the child. The court shall consider the department’s
 2060  recommendation in making its commitment decision.
 2061         Section 23. Subsections (4) through (6) of section 985.435,
 2062  Florida Statutes, are renumbered as subsections (5) through (7),
 2063  respectively, subsection (3) and present subsection (4) of that
 2064  section are amended, and a new subsection (4) is added to that
 2065  section, to read:
 2066         985.435 Probation and postcommitment probation; community
 2067  service.—
 2068         (3) A probation program must also include a rehabilitative
 2069  program component such as a requirement of participation in
 2070  substance abuse treatment or in a school or career and technical
 2071  education other educational program. The nonconsent of the child
 2072  to treatment in a substance abuse treatment program in no way
 2073  precludes the court from ordering such treatment. Upon the
 2074  recommendation of the department at the time of disposition, or
 2075  subsequent to disposition pursuant to the filing of a petition
 2076  alleging a violation of the child’s conditions of postcommitment
 2077  probation, the court may order the child to submit to random
 2078  testing for the purpose of detecting and monitoring the use of
 2079  alcohol or controlled substances.
 2080         (4) A probation program may also include an alternative
 2081  consequence component to address instances in which a child is
 2082  noncompliant with technical conditions of his or her probation,
 2083  but has not committed any new violations of law. The alternative
 2084  consequence component is designed to provide swift and
 2085  appropriate consequences to any noncompliance with technical
 2086  conditions of probation. If the probation program includes this
 2087  component, specific consequences that apply to noncompliance
 2088  with specific technical conditions of probation must be detailed
 2089  in the disposition order.
 2090         (5)(4)An identification of the child’s risk of reoffending
 2091  A classification scale for levels of supervision shall be
 2092  provided by the department, taking into account the child’s
 2093  needs and risks relative to probation supervision requirements
 2094  to reasonably ensure the public safety. Probation programs for
 2095  children shall be supervised by the department or by any other
 2096  person or agency specifically authorized by the court. These
 2097  programs must include, but are not limited to, structured or
 2098  restricted activities as described in this section and s.
 2099  985.439, and shall be designed to encourage the child toward
 2100  acceptable and functional social behavior.
 2101         Section 24. Subsections (1) and (4) of section 985.439,
 2102  Florida Statutes, are amended to read:
 2103         985.439 Violation of probation or postcommitment
 2104  probation.—
 2105         (1)(a) This section is applicable when the court has
 2106  jurisdiction over a child on probation or postcommitment
 2107  probation, regardless of adjudication an adjudicated delinquent
 2108  child.
 2109         (b) If the conditions of the probation program or the
 2110  postcommitment probation program are violated, the department or
 2111  the state attorney may bring the child before the court on a
 2112  petition alleging a violation of the program. A Any child who
 2113  violates the conditions of probation or postcommitment probation
 2114  must be brought before the court if sanctions are sought.
 2115         (4) Upon the child’s admission, or if the court finds after
 2116  a hearing that the child has violated the conditions of
 2117  probation or postcommitment probation, the court shall enter an
 2118  order revoking, modifying, or continuing probation or
 2119  postcommitment probation. In each such case, the court shall
 2120  enter a new disposition order and, in addition to the sanctions
 2121  set forth in this section, may impose any sanction the court
 2122  could have imposed at the original disposition hearing. If the
 2123  child is found to have violated the conditions of probation or
 2124  postcommitment probation, the court may:
 2125         (a) Place the child in a consequence unit in that judicial
 2126  circuit, if available, for up to 5 days for a first violation
 2127  and up to 15 days for a second or subsequent violation.
 2128         (b) Place the child in nonsecure on home detention with
 2129  electronic monitoring. However, this sanction may be used only
 2130  if a residential consequence unit is not available.
 2131         (c) If the violation of probation is technical in nature
 2132  and not a new violation of law, place the child in an
 2133  alternative consequence program designed to provide swift and
 2134  appropriate consequences to any further violations of probation.
 2135         1. Alternative consequence programs shall be established,
 2136  within existing resources, at the local level in coordination
 2137  with law enforcement agencies, the chief judge of the circuit,
 2138  the state attorney, and the public defender.
 2139         2. Alternative consequence programs may be operated by an
 2140  entity such as a law enforcement agency, the department, a
 2141  juvenile assessment center, a county or municipality, or another
 2142  entity selected by the department.
 2143         3. Upon placing a child in an alternative consequence
 2144  program, the court must approve specific consequences for
 2145  specific violations of the conditions of probation.
 2146         (d)(c) Modify or continue the child’s probation program or
 2147  postcommitment probation program.
 2148         (e)(d) Revoke probation or postcommitment probation and
 2149  commit the child to the department.
 2150         Section 25. Subsection (2) of section 985.441, Florida
 2151  Statutes, is amended to read:
 2152         985.441 Commitment.—
 2153         (2) Notwithstanding subsection (1), the court having
 2154  jurisdiction over an adjudicated delinquent child whose
 2155  underlying offense is was a misdemeanor, or a child who is
 2156  currently on probation for a misdemeanor, may not commit the
 2157  child for any misdemeanor offense or any probation violation
 2158  that is technical in nature and not a new violation of law at a
 2159  restrictiveness level other than minimum-risk nonresidential
 2160  unless the probation violation is a new violation of law
 2161  constituting a felony. However, the court may commit such child
 2162  to a nonsecure low-risk or moderate-risk residential placement
 2163  if:
 2164         (a) The child has previously been adjudicated or had
 2165  adjudication withheld for a felony offense;
 2166         (b) The child has previously been adjudicated or had
 2167  adjudication withheld for three or more misdemeanor offenses
 2168  within the previous 18 months;
 2169         (c) The child is before the court for disposition for a
 2170  violation of s. 800.03, s. 806.031, or s. 828.12; or
 2171         (d) The court finds by a preponderance of the evidence that
 2172  the protection of the public requires such placement or that the
 2173  particular needs of the child would be best served by such
 2174  placement. Such finding must be in writing.
 2175         Section 26. Paragraph (a) of subsection (1) and subsection
 2176  (5) of section 985.46, Florida Statutes, are amended to read:
 2177         985.46 Conditional release.—
 2178         (1) The Legislature finds that:
 2179         (a) Conditional release is the care, treatment, help, and
 2180  supervision, and provision of transition-to-adulthood services
 2181  to provided juveniles released from residential commitment
 2182  programs to promote rehabilitation and prevent recidivism.
 2183         (5) Participation in the educational program by students of
 2184  compulsory school attendance age pursuant to s. 1003.21(1) and
 2185  (2)(a) is mandatory for juvenile justice youth on conditional
 2186  release or postcommitment probation status. A student of
 2187  noncompulsory school-attendance age who has not received a high
 2188  school diploma or its equivalent must participate in an the
 2189  educational program or career and technical education course. A
 2190  youth who has received a high school diploma or its equivalent
 2191  and is not employed must participate in workforce development or
 2192  other career or technical education or attend a community
 2193  college or a university while in the program, subject to
 2194  available funding.
 2195         Section 27. Subsections (1) through (5) of section 985.461,
 2196  Florida Statutes, are amended to read:
 2197         985.461 Transition to adulthood.—
 2198         (1) The Legislature finds that older youth are faced with
 2199  the need to learn how to support themselves within legal means
 2200  and overcome the stigma of being delinquent. In most cases,
 2201  parents expedite this transition. It is the intent of the
 2202  Legislature that the department provide older youth in its
 2203  custody or under its supervision with opportunities for
 2204  participating in transition-to-adulthood services while in the
 2205  department’s commitment programs or in probation or conditional
 2206  release programs in the community. These services should be
 2207  reasonable and appropriate for the youths’ respective ages or
 2208  special needs and provide activities that build life skills and
 2209  increase the ability to live independently and become self
 2210  sufficient.
 2211         (2) Youth served by the department who are in the custody
 2212  of the Department of Children and Families Family Services and
 2213  who entered juvenile justice placement from a foster care
 2214  placement, if otherwise eligible, may receive independent living
 2215  transition services pursuant to s. 409.1451. Court-ordered
 2216  commitment or probation with the department is not a barrier to
 2217  eligibility for the array of services available to a youth who
 2218  is in the dependency foster care system only.
 2219         (3) For a dependent child in the foster care system,
 2220  adjudication for delinquency does not, by itself, disqualify
 2221  such child for eligibility in the Department of Children and
 2222  Families’ Family Services’ independent living program.
 2223         (4) As part of the child’s treatment plan, the department
 2224  may provide transition-to-adulthood services to children
 2225  released from residential commitment. To support participation
 2226  in transition-to-adulthood services and subject to
 2227  appropriation, the department may:
 2228         (a) Assess the child’s skills and abilities to live
 2229  independently and become self-sufficient. The specific services
 2230  to be provided shall be determined using an assessment of his or
 2231  her readiness for adult life.
 2232         (b) Use community reentry teams to assist in the
 2233  development of Develop a list of age-appropriate activities and
 2234  responsibilities to be incorporated in the child’s written case
 2235  plan for any youth 17 years of age or older who is under the
 2236  custody or supervision of the department. Community reentry
 2237  teams may include representatives from school districts, law
 2238  enforcement, workforce development services, community-based
 2239  service providers, and the youth’s family. Such community
 2240  reentry teams must be created within existing resources provided
 2241  to the department. Activities may include, but are not limited
 2242  to, life skills training, including training to develop banking
 2243  and budgeting skills, interviewing and career planning skills,
 2244  parenting skills, personal health management, and time
 2245  management or organizational skills; educational support;
 2246  employment training; and counseling.
 2247         (c) Provide information related to social security
 2248  insurance benefits and public assistance.
 2249         (d) Request parental or guardian permission for the youth
 2250  to participate in transition-to-adulthood services. Upon such
 2251  consent, age-appropriate activities shall be incorporated into
 2252  the youth’s written case plan. This plan may include specific
 2253  goals and objectives and shall be reviewed and updated at least
 2254  quarterly. If the parent or guardian is cooperative, the plan
 2255  may not interfere with the parent’s or guardian’s rights to
 2256  nurture and train his or her child in ways that are otherwise in
 2257  compliance with the law and court order.
 2258         (e) Contract for transition-to-adulthood services that
 2259  include residential services and assistance and allow the child
 2260  to live independently of the daily care and supervision of an
 2261  adult in a setting that is not licensed under s. 409.175. A
 2262  child under the care or supervision of the department who has
 2263  reached 17 years of age but is not yet 19 years of age is
 2264  eligible for such services if he or she does not pose a danger
 2265  to the public and is able to demonstrate minimally sufficient
 2266  skills and aptitude for living under decreased adult
 2267  supervision, as determined by the department, using established
 2268  procedures and assessments.
 2269         (f) Assist the child in building a portfolio of educational
 2270  and vocational accomplishments, necessary identification,
 2271  resumes, and cover letters in an effort to enhance the child’s
 2272  employability.
 2273         (g) Collaborate with school district contacts to facilitate
 2274  appropriate educational services based on the child’s identified
 2275  needs.
 2276         (5) For a child who is 17 years of age or older, under the
 2277  department’s care or supervision, and without benefit of parents
 2278  or legal guardians capable of assisting the child in the
 2279  transition to adult life, the department may provide an
 2280  assessment to determine the child’s skills and abilities to live
 2281  independently and become self-sufficient. Based on the
 2282  assessment and within existing resources, services and training
 2283  may be provided in order to develop the necessary skills and
 2284  abilities before the child’s 18th birthday.
 2285         Section 28. Paragraph (b) of subsection (3) of section
 2286  985.481, Florida Statutes, is amended to read:
 2287         985.481 Sexual offenders adjudicated delinquent;
 2288  notification upon release.—
 2289         (3)
 2290         (b) No later than November 1, 2007, The department must
 2291  make the information described in subparagraph (a)1. available
 2292  electronically to the Department of Law Enforcement in its
 2293  database and in a format that is compatible with the
 2294  requirements of the Florida Crime Information Center.
 2295         Section 29. Subsection (5) of section 985.4815, Florida
 2296  Statutes, is amended to read:
 2297         985.4815 Notification to Department of Law Enforcement of
 2298  information on juvenile sexual offenders.—
 2299         (5) In addition to notification and transmittal
 2300  requirements imposed by any other provision of law, the
 2301  department shall compile information on any sexual offender and
 2302  provide the information to the Department of Law Enforcement. No
 2303  later than November 1, 2007, The department must make the
 2304  information available electronically to the Department of Law
 2305  Enforcement in its database in a format that is compatible with
 2306  the requirements of the Florida Crime Information Center.
 2307         Section 30. Subsection (1) of section 985.514, Florida
 2308  Statutes, is amended to read:
 2309         985.514 Responsibility for cost of care; fees.—
 2310         (1) When any child is placed into secure or nonsecure home
 2311  detention care or into other placement for the purpose of being
 2312  supervised by the department pursuant to a court order following
 2313  a detention hearing, the court shall order the child’s parents
 2314  to pay fees to the department as provided in s. 985.039.
 2315         Section 31. Paragraph (a) of subsection (3) and paragraph
 2316  (a) of subsection (9) of section 985.601, Florida Statutes, are
 2317  amended to read:
 2318         985.601 Administering the juvenile justice continuum.—
 2319         (3)(a) The department shall develop or contract for
 2320  diversified and innovative programs to provide rehabilitative
 2321  treatment, including early intervention and prevention,
 2322  diversion, comprehensive intake, case management, diagnostic and
 2323  classification assessments, trauma-informed care, individual and
 2324  family counseling, family engagement resources and programs,
 2325  gender-specific programming, shelter care, diversified detention
 2326  care emphasizing alternatives to secure detention, diversified
 2327  probation, halfway houses, foster homes, community-based
 2328  substance abuse treatment services, community-based mental
 2329  health treatment services, community-based residential and
 2330  nonresidential programs, mother-infant programs, and
 2331  environmental programs. The department may pay expenses in
 2332  support of innovative programs and activities that address
 2333  identified needs and the well-being of children in the
 2334  department’s care or under its supervision, subject to the
 2335  requirements of chapters 215, 216, and 287. Each program shall
 2336  place particular emphasis on reintegration and conditional
 2337  release for all children in the program.
 2338         (9)(a) The department shall operate a statewide, regionally
 2339  administered system of detention services for children, in
 2340  accordance with a comprehensive plan for the regional
 2341  administration of all detention services in the state. The plan
 2342  must provide for the maintenance of adequate availability of
 2343  detention services for all counties. The plan must cover all the
 2344  department’s operating circuits, with each operating circuit
 2345  having access to a secure facility and nonsecure and home
 2346  detention programs, and the plan may be altered or modified by
 2347  the Department of Juvenile Justice as necessary.
 2348         Section 32. Sections 985.605, 985.606, and 985.61, Florida
 2349  Statutes, are repealed.
 2350         Section 33. Section 985.632, Florida Statutes, is amended
 2351  to read:
 2352         985.632 Quality improvement assurance and cost
 2353  effectiveness; Comprehensive Accountability Report.—
 2354         (1) INTENT.—It is the intent of the Legislature that the
 2355  department establish a performance accountability system for
 2356  each provider who contracts with the department for the delivery
 2357  of services to children. The contract shall include both output
 2358  measures, such as the number of children served, and outcome
 2359  measures, including program completion and postcompletion
 2360  recidivism. Each contractor shall report performance results to
 2361  the department annually. The department’s Bureau of Research and
 2362  Planning shall summarize performance results from all contracts
 2363  and report the information to the Legislature annually in the
 2364  Comprehensive Accountability Report. The report shall:
 2365         (a) Ensure that information be provided to decisionmakers
 2366  in a timely manner so that resources are allocated to programs
 2367  that of the department which achieve desired performance levels.
 2368         (b) Provide information about the cost of such programs and
 2369  their differential effectiveness so that the quality of such
 2370  programs can be compared and improvements made continually.
 2371         (c) Provide information to aid in developing related policy
 2372  issues and concerns.
 2373         (d) Provide information to the public about the
 2374  effectiveness of such programs in meeting established goals and
 2375  objectives.
 2376         (e) Provide a basis for a system of accountability so that
 2377  each child client is afforded the best programs to meet his or
 2378  her needs.
 2379         (f) Improve service delivery to children through the use of
 2380  technical assistance clients.
 2381         (g) Modify or eliminate activities or programs that are not
 2382  effective.
 2383         (h) Collect and analyze available statistical data for the
 2384  purpose of ongoing evaluation of all programs.
 2385         (2) DEFINITIONS.—As used in this section, the term:
 2386         (a) “Client” means any person who is being provided
 2387  treatment or services by the department or by a provider under
 2388  contract with the department.
 2389         (a) “Program” means any facility or service for youth that
 2390  is operated by the department or by a provider under contract
 2391  with the department.
 2392         (b) “Program component” means an aggregation of generally
 2393  related objectives which, because of their special character,
 2394  related workload, and interrelated output, can logically be
 2395  considered an entity for purposes of organization, management,
 2396  accounting, reporting, and budgeting.
 2397         (c) “Program effectiveness” means the ability of the
 2398  program to achieve desired client outcomes, goals, and
 2399  objectives.
 2400         (c) “Program group” means a collection of programs with
 2401  sufficient similarity of functions, services, and youth to
 2402  permit appropriate comparison amongst programs within the group.
 2403         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.-The department, in
 2404  consultation with contract service providers, shall develop and
 2405  use a standard methodology for annually measuring, evaluating,
 2406  and reporting program outputs and youth outcomes for each
 2407  program and program group. The standard methodology must:
 2408         (a) Include common terminology and operational definitions
 2409  for measuring the performance of system and program
 2410  administration, program outputs, and program outcomes.
 2411         (b) Specify program outputs for each program and for each
 2412  program group within the juvenile justice continuum.
 2413         (c) Specify desired child outcomes and methods by which to
 2414  measure child outcomes for each program and program group
 2415  annually collect and report cost data for every program operated
 2416  or contracted by the department. The cost data shall conform to
 2417  a format approved by the department and the Legislature. Uniform
 2418  cost data shall be reported and collected for state-operated and
 2419  contracted programs so that comparisons can be made among
 2420  programs. The department shall ensure that there is accurate
 2421  cost accounting for state-operated services including market
 2422  equivalent rent and other shared cost. The cost of the
 2423  educational program provided to a residential facility shall be
 2424  reported and included in the cost of a program. The department
 2425  shall submit an annual cost report to the President of the
 2426  Senate, the Speaker of the House of Representatives, the
 2427  Minority Leader of each house of the Legislature, the
 2428  appropriate substantive and fiscal committees of each house of
 2429  the Legislature, and the Governor, no later than December 1 of
 2430  each year. Cost-benefit analysis for educational programs will
 2431  be developed and implemented in collaboration with and in
 2432  cooperation with the Department of Education, local providers,
 2433  and local school districts. Cost data for the report shall
 2434  include data collected by the Department of Education for the
 2435  purposes of preparing the annual report required by s.
 2436  1003.52(19).
 2437         (4)(a)COST-EFFECTIVENESS MODEL.—The department, in
 2438  consultation with the Office of Economic and Demographic
 2439  Research and contract service providers, shall develop a cost
 2440  effectiveness model and apply the model to each commitment
 2441  program. Program recidivism rates shall be a component of the
 2442  model.
 2443         (a) The cost-effectiveness model shall compare program
 2444  costs to expected and actual child recidivism rates client
 2445  outcomes and program outputs. It is the intent of the
 2446  Legislature that continual development efforts take place to
 2447  improve the validity and reliability of the cost-effectiveness
 2448  model.
 2449         (b) The department shall rank commitment programs based on
 2450  the cost-effectiveness model, performance measures, and
 2451  adherence to quality improvement standards and shall submit a
 2452  report this data in the annual Comprehensive Accountability
 2453  Report to the appropriate substantive and fiscal committees of
 2454  each house of the Legislature by December 31 of each year.
 2455         (c) Based on reports of the department on child client
 2456  outcomes and program outputs and on the department’s most recent
 2457  cost-effectiveness rankings, the department may terminate a
 2458  program operated by the department or a provider if the program
 2459  has failed to achieve a minimum standard threshold of program
 2460  effectiveness. This paragraph does not preclude the department
 2461  from terminating a contract as provided under this section or as
 2462  otherwise provided by law or contract, and does not limit the
 2463  department’s authority to enter into or terminate a contract.
 2464         (d) In collaboration with the Office of Economic and
 2465  Demographic Research, and contract service providers, the
 2466  department shall develop a work plan to refine the cost
 2467  effectiveness model so that the model is consistent with the
 2468  performance-based program budgeting measures approved by the
 2469  Legislature to the extent the department deems appropriate. The
 2470  department shall notify the Office of Program Policy Analysis
 2471  and Government Accountability of any meetings to refine the
 2472  model.
 2473         (e) Contingent upon specific appropriation, the department,
 2474  in consultation with the Office of Economic and Demographic
 2475  Research, and contract service providers, shall:
 2476         1. Construct a profile of each commitment program that uses
 2477  the results of the quality improvement data portion of the
 2478  Comprehensive Accountability assurance Report required by this
 2479  section, the cost-effectiveness data portion of the
 2480  Comprehensive Accountability Report required in this subsection,
 2481  and other reports available to the department.
 2482         2. Target, for a more comprehensive evaluation, any
 2483  commitment program that has achieved consistently high, low, or
 2484  disparate ratings in the reports required under subparagraph 1.
 2485  and target, for technical assistance, any commitment program
 2486  that has achieved low or disparate ratings in the reports
 2487  required under subparagraph 1.
 2488         3. Identify the essential factors that contribute to the
 2489  high, low, or disparate program ratings.
 2490         4. Use the results of these evaluations in developing or
 2491  refining juvenile justice programs or program models, child
 2492  client outcomes and program outputs, provider contracts, quality
 2493  improvement assurance standards, and the cost-effectiveness
 2494  model.
 2495         (5) QUALITY IMPROVEMENT.—The department shall:
 2496         (a) Establish a comprehensive quality improvement assurance
 2497  system for each program operated by the department or operated
 2498  by a provider under contract with the department. Each contract
 2499  entered into by the department must provide for quality
 2500  improvement assurance.
 2501         (b) Provide operational definitions of and criteria for
 2502  quality improvement assurance for each specific program
 2503  component.
 2504         (c) Establish quality improvement assurance goals and
 2505  objectives for each specific program component.
 2506         (d) Establish the information and specific data elements
 2507  required for the quality improvement assurance program.
 2508         (e) Develop a quality improvement assurance manual of
 2509  specific, standardized terminology and procedures to be followed
 2510  by each program.
 2511         (f) Evaluate each program operated by the department or a
 2512  provider under a contract with the department annually and
 2513  establish minimum standards thresholds for each program
 2514  component. If a provider fails to meet the established minimum
 2515  standards thresholds, such failure shall cause the department to
 2516  cancel the provider’s contract unless the provider achieves
 2517  compliance with minimum standards thresholds within 6 months or
 2518  unless there are documented extenuating circumstances. In
 2519  addition, the department may not contract with the same provider
 2520  for the canceled service for a period of 12 months. If a
 2521  department-operated program fails to meet the established
 2522  minimum standards thresholds, the department must take necessary
 2523  and sufficient steps to ensure and document program changes to
 2524  achieve compliance with the established minimum standards
 2525  thresholds. If the department-operated program fails to achieve
 2526  compliance with the established minimum standards thresholds
 2527  within 6 months and if there are no documented extenuating
 2528  circumstances, the department must notify the Executive Office
 2529  of the Governor and the Legislature of the corrective action
 2530  taken. Appropriate corrective action may include, but is not
 2531  limited to:
 2532         1. Contracting out for the services provided in the
 2533  program;
 2534         2. Initiating appropriate disciplinary action against all
 2535  employees whose conduct or performance is deemed to have
 2536  materially contributed to the program’s failure to meet
 2537  established minimum standards thresholds;
 2538         3. Redesigning the program; or
 2539         4. Realigning the program.
 2540         (6) COMPREHENSIVE ACCOUNTABILITY REPORT SUBMISSION.—The
 2541  department shall submit the Comprehensive Accountability Report
 2542  an annual report to the President of the Senate, the Speaker of
 2543  the House of Representatives, the Minority Leader of each house
 2544  of the Legislature, the appropriate substantive and fiscal
 2545  committees of each house of the Legislature, and the Governor,
 2546  no later than February 1 of each year. The Comprehensive
 2547  Accountability Report annual report must contain, at a minimum,
 2548  for each specific program component: a comprehensive description
 2549  of the population served by the program; a specific description
 2550  of the services provided by the program; cost; a comparison of
 2551  expenditures to federal and state funding; immediate and long
 2552  range concerns; and recommendations to maintain, expand,
 2553  improve, modify, or eliminate each program component so that
 2554  changes in services lead to enhancement in program quality. The
 2555  department shall ensure the reliability and validity of the
 2556  information contained in the report.
 2557         (7)(6)ONGOING EVAULATIONS; REPORTS.—The department shall
 2558  collect and analyze available statistical data for the purpose
 2559  of ongoing evaluation of all programs. The department shall
 2560  provide the Legislature with necessary information and reports
 2561  to enable the Legislature to make informed decisions regarding
 2562  the effectiveness of, and any needed changes in, services,
 2563  programs, policies, and laws.
 2564         Section 34. Paragraph (a) of subsection (1) and paragraph
 2565  (b) of subsection (3) of section 985.644, Florida Statutes, are
 2566  amended to read:
 2567         985.644 Departmental contracting powers; personnel
 2568  standards and investigation screening.—
 2569         (1) The department may contract with the Federal
 2570  Government, other state departments and agencies, county and
 2571  municipal governments and agencies, public and private agencies,
 2572  and private individuals and corporations in carrying out the
 2573  purposes of, and the responsibilities established in, this
 2574  chapter.
 2575         (a) Each contract entered into by the department for
 2576  services delivered on an appointment or intermittent basis by a
 2577  provider that does not have regular custodial responsibility for
 2578  children and each contract with a school for before or aftercare
 2579  services must ensure that all owners, operators, and personnel
 2580  who have direct contact with children are subject to level 2
 2581  background screening pursuant to chapter 435.
 2582         (3)
 2583         (b) Except for Law enforcement, correctional, and
 2584  correctional probation officers, certified pursuant to s.
 2585  943.13, are not required to submit to level 2 screenings as long
 2586  as they are currently employed by a law enforcement agency or
 2587  correctional facility. to whom s. 943.13(5) applies, The
 2588  department shall electronically submit to the Department of Law
 2589  Enforcement:
 2590         1. Fingerprint information obtained during the employment
 2591  screening required by subparagraph (a)1.
 2592         2. Fingerprint information for all persons employed by the
 2593  department, or by a provider under contract with the department,
 2594  in delinquency facilities, services, or programs if such
 2595  fingerprint information has not previously been electronically
 2596  submitted pursuant to this section to the Department of Law
 2597  Enforcement under this paragraph.
 2598         Section 35. Section 985.6441, Florida Statutes, is created
 2599  to read:
 2600         985.6441 Health care services.—
 2601         (1) As used in this section, the term:
 2602         (a) “Health care provider” has the same meaning as provided
 2603  in s. 766.105.
 2604         (b) “Hospital” means a hospital licensed under chapter 395.
 2605         (2) When compensating health care providers, the department
 2606  must comply with the following reimbursement limitations:
 2607         (a) Payments to a hospital or a health care provider may
 2608  not exceed 110 percent of the Medicare allowable rate for any
 2609  health care services provided if there is no contract between
 2610  the department and the hospital or the health care provider
 2611  providing services at a hospital.
 2612         (b)1. The department may continue to make payments for
 2613  health care services at the contracted rates for contracts
 2614  executed before July 1, 2014, through the current term of the
 2615  contract if a contract has been executed between the department
 2616  and a hospital or a health care provider providing services at a
 2617  hospital.
 2618         2. Payments may not exceed 110 percent of the Medicare
 2619  allowable rate after the current term of the contract expires or
 2620  after the contract is renewed during the 2013-2014 fiscal year.
 2621         (c) Payments may not exceed 110 percent of the Medicare
 2622  allowable rate under a contract executed on or after July 1,
 2623  2014, between the department and a hospital or a health care
 2624  provider providing services at a hospital.
 2625         (d) Notwithstanding paragraphs (a)-(c), the department may
 2626  pay up to 125 percent of the Medicare allowable rate for health
 2627  care services at a hospital that reports, or has reported, a
 2628  negative operating margin for the previous fiscal year to the
 2629  Agency for Health Care Administration through hospital-audited
 2630  financial data.
 2631         Section 36. Subsections (1), (2), and (3) of section
 2632  985.66, Florida Statutes, are amended to read:
 2633         985.66 Juvenile justice training academies; staff
 2634  development and training; Juvenile Justice Training Trust Fund.—
 2635         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
 2636  provide a systematic approach to staff development and training
 2637  for judges, state attorneys, public defenders, law enforcement
 2638  officers, school district personnel, and juvenile justice
 2639  program staff that will meet the needs of such persons in their
 2640  discharge of duties while at the same time meeting the
 2641  requirements for the American Correction Association
 2642  accreditation by the Commission on Accreditation for
 2643  Corrections, it is the purpose of the Legislature to require the
 2644  department to establish, maintain, and oversee the operation of
 2645  juvenile justice training, programs, and courses academies in
 2646  the state. The purpose of the Legislature in establishing staff
 2647  development and training programs is to provide employees of the
 2648  department, any private or public entity, or contract providers
 2649  who provide services or care for children under the
 2650  responsibility of the department with the knowledge and skills
 2651  needed to appropriately interact with children and provide such
 2652  care and services foster better staff morale and reduce
 2653  mistreatment and aggressive and abusive behavior in delinquency
 2654  programs; to positively impact the recidivism of children in the
 2655  juvenile justice system; and to afford greater protection of the
 2656  public through an improved level of services delivered by a
 2657  professionally trained juvenile justice program staff to
 2658  children who are alleged to be or who have been found to be
 2659  delinquent.
 2660         (2) STAFF DEVELOPMENT AND TRAINING.—The department shall:
 2661         (a) Designate the number and location of the training
 2662  programs and courses; assess, design, academies; develop,
 2663  implement, evaluate, maintain, and update the curriculum to be
 2664  used in the training of juvenile justice program staff;
 2665  establish timeframes for participation in and completion of
 2666  training by juvenile justice program staff; develop, implement,
 2667  score, analyze, maintain, and update job-related examinations;
 2668  develop, implement, analyze, and update the types and
 2669  frequencies for of evaluations of the training programs,
 2670  courses, and instructors academies; and manage approve, modify,
 2671  or disapprove the budget and contracts for all the training
 2672  deliverables academies, and the contractor to be selected to
 2673  organize and operate the training academies and to provide the
 2674  training curriculum.
 2675         (b) Establish uniform minimum job-related preservice and
 2676  inservice training courses and examinations for juvenile justice
 2677  program staff.
 2678         (c) Consult and cooperate with the state or any political
 2679  subdivision; any private entity or contractor; and with private
 2680  and public universities, colleges, community colleges, and other
 2681  educational institutions concerning the development of juvenile
 2682  justice training and programs or courses of instruction,
 2683  including, but not limited to, education and training in the
 2684  areas of juvenile justice.
 2685         (d) Enter into contracts and agreements with other
 2686  agencies, organizations, associations, corporations,
 2687  individuals, or federal agencies as necessary in the execution
 2688  of the powers of the department or the performance of its
 2689  duties.
 2690         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department shall
 2691  establish a certifiable program for juvenile justice training
 2692  pursuant to this section, and all department program staff and
 2693  providers who deliver direct care services pursuant to contract
 2694  with the department shall be required to participate in and
 2695  successfully complete the department-approved program of
 2696  training pertinent to their areas of responsibility. Judges,
 2697  state attorneys, and public defenders, law enforcement officers,
 2698  and school district personnel, and employees of contract
 2699  providers who provide services or care for children under the
 2700  responsibility of the department may participate in such
 2701  training program. For the juvenile justice program staff, the
 2702  department shall, based on a job-task analysis:
 2703         (a) Design, implement, maintain, evaluate, and revise a
 2704  basic training program, including a competency-based
 2705  examination, for the purpose of providing minimum employment
 2706  training qualifications for all juvenile justice personnel. All
 2707  program staff of the department and providers who deliver
 2708  direct-care services who are hired after October 1, 1999, must
 2709  meet the following minimum requirements:
 2710         1. Be at least 19 years of age.
 2711         2. Be a high school graduate or its equivalent as
 2712  determined by the department.
 2713         3. Not have been convicted of any felony or a misdemeanor
 2714  involving perjury or a false statement, or have received a
 2715  dishonorable discharge from any of the Armed Forces of the
 2716  United States. Any person who, after September 30, 1999, pleads
 2717  guilty or nolo contendere to or is found guilty of any felony or
 2718  a misdemeanor involving perjury or false statement is not
 2719  eligible for employment, notwithstanding suspension of sentence
 2720  or withholding of adjudication. Notwithstanding this
 2721  subparagraph, any person who pled nolo contendere to a
 2722  misdemeanor involving a false statement before October 1, 1999,
 2723  and who has had such record of that plea sealed or expunged is
 2724  not ineligible for employment for that reason.
 2725         4. Abide by all the provisions of s. 985.644(1) regarding
 2726  fingerprinting and background investigations and other screening
 2727  requirements for personnel.
 2728         5. Execute and submit to the department an affidavit-of
 2729  application form, adopted by the department, attesting to his or
 2730  her compliance with subparagraphs 1.-4. The affidavit must be
 2731  executed under oath and constitutes an official statement under
 2732  s. 837.06. The affidavit must include conspicuous language that
 2733  the intentional false execution of the affidavit constitutes a
 2734  misdemeanor of the second degree. The employing agency shall
 2735  retain the affidavit.
 2736         (b) Design, implement, maintain, evaluate, and revise an
 2737  advanced training program, including a competency-based
 2738  examination for each training course, which is intended to
 2739  enhance knowledge, skills, and abilities related to job
 2740  performance.
 2741         (c) Design, implement, maintain, evaluate, and revise a
 2742  career development training program, including a competency
 2743  based examination for each training course. Career development
 2744  courses are intended to prepare personnel for promotion.
 2745         (d) The department is encouraged to design, implement,
 2746  maintain, evaluate, and revise juvenile justice training
 2747  courses, or to enter into contracts for such training courses,
 2748  that are intended to provide for the safety and well-being of
 2749  both citizens and juvenile offenders.
 2750         Section 37. Subsection (5) of section 985.664, Florida
 2751  Statutes, is amended to read:
 2752         985.664 Juvenile justice circuit advisory boards.—
 2753         (5)(a) To form the initial juvenile justice circuit
 2754  advisory board, the Secretary of Juvenile Justice, in
 2755  consultation with the juvenile justice county councils in
 2756  existence on October 1, 2013, shall appoint the chair of the
 2757  board, who must meet the board membership requirements in
 2758  subsection (4). Within 45 days after being appointed, the chair
 2759  shall appoint the remaining members to the juvenile justice
 2760  circuit advisory board and submit the appointments to the
 2761  department for approval.
 2762         (b) Thereafter, When a vacancy in the office of the chair
 2763  occurs, the Secretary of Juvenile Justice, in consultation with
 2764  the juvenile justice circuit advisory board, shall appoint a new
 2765  chair, who must meet the board membership requirements in
 2766  subsection (4). The chair shall appoint members to vacant seats
 2767  within 45 days after the vacancy and submit the appointments to
 2768  the department for approval. The chair shall serve at the
 2769  pleasure of the Secretary of Juvenile Justice.
 2770         Section 38. Subsections (1) and (4) of section 985.672,
 2771  Florida Statutes, are amended to read:
 2772         985.672 Direct-support organization; definition; use of
 2773  property; board of directors; audit.—
 2774         (1) DEFINITION.—As used in this section, the term “direct
 2775  support organization” means an organization whose sole purpose
 2776  is to support the juvenile justice system and which is:
 2777         (a) A corporation not-for-profit incorporated under chapter
 2778  617 and which is approved by the Department of State;
 2779         (b) Organized and operated to conduct programs and
 2780  activities; to raise funds; to request and receive grants,
 2781  gifts, and bequests of moneys; to acquire, receive, hold,
 2782  invest, and administer, in its own name, securities, funds,
 2783  objects of value, or other property, real or personal; and to
 2784  make expenditures to or for the direct or indirect benefit of
 2785  the Department of Juvenile Justice or the juvenile justice
 2786  system operated by a county commission or a circuit board;
 2787         (c) Determined by the Department of Juvenile Justice to be
 2788  consistent with the goals of the juvenile justice system, in the
 2789  best interest of the state, and in accordance with the adopted
 2790  goals and mission of the Department of Juvenile Justice.
 2791  
 2792  Expenditures of the organization shall be expressly used for the
 2793  prevention to prevent and amelioration of ameliorate juvenile
 2794  delinquency. The expenditures of the direct-support organization
 2795  may not be used for the purpose of lobbying as defined in s.
 2796  11.045.
 2797         (4) USE OF PROPERTY.—The department may permit, without
 2798  charge, appropriate use of fixed property, and facilities, and
 2799  personnel services of the juvenile justice system by the direct
 2800  support organization, subject to the provisions of this section.
 2801  For the purposes of this subsection, the term “personnel
 2802  services” includes full-time or part-time personnel, as well as
 2803  payroll processing services.
 2804         (a) The department may prescribe any condition with which
 2805  the direct-support organization must comply in order to use
 2806  fixed property or facilities of the juvenile justice system.
 2807         (b) The department may not permit the use of any fixed
 2808  property or facilities of the juvenile justice system by the
 2809  direct-support organization if it does not provide equal
 2810  membership and employment opportunities to all persons
 2811  regardless of race, color, religion, sex, age, or national
 2812  origin.
 2813         (c) The department shall adopt rules prescribing the
 2814  procedures by which the direct-support organization is governed
 2815  and any conditions with which a direct-support organization must
 2816  comply to use property or facilities of the department.
 2817         Section 39. Subsections (1) through (4) and subsection (9)
 2818  of section 985.682, Florida Statutes, are amended to read:
 2819         985.682 Siting of facilities; study; criteria.—
 2820         (1) The department is directed to conduct or contract for a
 2821  statewide comprehensive study to determine current and future
 2822  needs for all types of facilities for children committed to the
 2823  custody, care, or supervision of the department under this
 2824  chapter.
 2825         (2) The study shall assess, rank, and designate appropriate
 2826  sites, and shall be reflective of the different purposes and
 2827  uses for all facilities, based upon the following criteria:
 2828         (a) Current and future estimates of children originating
 2829  from each county;
 2830         (b) Current and future estimates of types of delinquent
 2831  acts committed in each county;
 2832         (c) Geographic location of existing facilities;
 2833         (d) Availability of personnel within the local labor
 2834  market;
 2835         (e) Current capacity of facilities in the area;
 2836         (f) Total usable and developable acreage of various sites
 2837  based upon the use and purpose of the facility;
 2838         (g) Accessibility of each site to existing utility,
 2839  transportation, law enforcement, health care, fire protection,
 2840  refuse collection, water, and sewage disposal services;
 2841         (h) Susceptibility of each site to flooding hazards or
 2842  other adverse natural environmental consequences;
 2843         (i) Site location in relation to desirable and undesirable
 2844  proximity to other public facilities, including schools;
 2845         (j) Patterns of residential growth and projected population
 2846  growth; and
 2847         (k) Such other criteria as the department, in conjunction
 2848  with local governments, deems appropriate.
 2849         (3) The department shall recommend certification of the
 2850  study by the Governor and Cabinet within 2 months after its
 2851  receipt.
 2852         (4) Upon certification of the study by the Governor and
 2853  Cabinet, the department shall notify those counties designated
 2854  as being in need of a facility.
 2855         (5)(9) The Governor and Cabinet shall consider the
 2856  following when determining whether to grant the appeal from the
 2857  decision of the local government on the requested modification:
 2858         (a) The record of the proceedings before the local
 2859  government.
 2860         (b) Reports and studies by any other agency relating to
 2861  matters within the jurisdiction of such agency which may be
 2862  potentially affected by the proposed site.
 2863         (c) Existing The statewide study, as established in
 2864  subsection (1); other existing studies,; reports and information
 2865  maintained by the department as the Governor and Cabinet may
 2866  request addressing the feasibility and availability of
 2867  alternative sites in the general area,; and the need for a
 2868  facility in the area based on the average number of petitions,
 2869  commitments, and transfers into the criminal court from the
 2870  county to state facilities for the most recent 3 calendar years.
 2871         Section 40. Section 985.69, Florida Statutes, is amended to
 2872  read:
 2873         985.69 Repair and maintenance One-time startup funding for
 2874  juvenile justice purposes.—Funds from juvenile justice
 2875  appropriations may be used utilized as one-time startup funding
 2876  for juvenile justice purposes that include, but are not limited
 2877  to, remodeling or renovation of existing facilities,
 2878  construction costs, leasing costs, purchase of equipment and
 2879  furniture, site development, and other necessary and reasonable
 2880  costs associated with the repair and maintenance startup of
 2881  facilities or programs.
 2882         Section 41. Section 985.694, Florida Statutes, is repealed.
 2883         Section 42. Paragraph (a) of subsection (1) of section
 2884  985.701, Florida Statutes, is amended to read:
 2885         985.701 Sexual misconduct prohibited; reporting required;
 2886  penalties.—
 2887         (1)(a)1. As used in this section subsection, the term:
 2888         a. “Sexual misconduct” means fondling the genital area,
 2889  groin, inner thighs, buttocks, or breasts of a person; the oral,
 2890  anal, or vaginal penetration by or union with the sexual organ
 2891  of another; or the anal or vaginal penetration of another by any
 2892  other object. The term does not include an act done for a bona
 2893  fide medical purpose or an internal search conducted in the
 2894  lawful performance of duty by an employee of the department or
 2895  an employee of a provider under contract with the department.
 2896         b. “Employee” includes paid staff members, volunteers, and
 2897  interns who work in a department program or a program operated
 2898  by a provider under a contract.
 2899         c. “Juvenile offender” means any person of any age who is
 2900  detained or supervised by, or committed to the custody of, the
 2901  department.
 2902         2. An employee who engages in sexual misconduct with a
 2903  juvenile offender detained or supervised by, or committed to the
 2904  custody of, the department commits a felony of the second
 2905  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2906  775.084. An employee may be found guilty of violating this
 2907  subsection without having committed the crime of sexual battery.
 2908         3. The consent of the juvenile offender to any act of
 2909  sexual misconduct is not a defense to prosecution under this
 2910  subsection.
 2911         4. This subsection does not apply to an employee of the
 2912  department, or an employee of a provider under contract with the
 2913  department, who:
 2914         a. Is legally married to a juvenile offender who is
 2915  detained or supervised by, or committed to the custody of, the
 2916  department.
 2917         b. Has no reason to believe that the person with whom the
 2918  employee engaged in sexual misconduct is a juvenile offender
 2919  detained or supervised by, or committed to the custody of, the
 2920  department.
 2921         Section 43. Effective October, 1, 2014, Section 985.702,
 2922  Florida Statutes, is created to read:
 2923         985.702 Willful and malicious neglect of a juvenile
 2924  offender prohibited; reporting required; penalties.-
 2925         (1) As used in this section, the term:
 2926         (a) “Employee” means a paid staff member, volunteer, or
 2927  intern who works in a department program or a program operated
 2928  by a provider under a contract with the department.
 2929         (b) “Juvenile offender” means any person of any age who is
 2930  detained by or committed to the custody of the department.
 2931         (c) “Neglect” means:
 2932         1. An employee’s failure or omission to provide a juvenile
 2933  offender with the proper level of care, supervision, and
 2934  services necessary to maintain the juvenile offender’s physical
 2935  and mental health, including, but not limited to, adequate food,
 2936  nutrition, clothing, shelter, supervision, medicine, and medical
 2937  services; or
 2938         2. An employee’s failure to make a reasonable effort to
 2939  protect a juvenile offender from abuse, neglect, or exploitation
 2940  by another person.
 2941         (2)(a) An employee who willfully and maliciously neglects a
 2942  juvenile offender without causing great bodily harm, permanent
 2943  disability, or permanent disfigurement commits a felony of the
 2944  third degree, punishable as provided in s. 775.082, s. 775.083,
 2945  or s. 775.084.
 2946         (b) An employee who willfully and maliciously neglects a
 2947  juvenile offender and in so doing causes great bodily harm,
 2948  permanent disability, or permanent disfigurement commits a
 2949  felony of the second degree, punishable as provided in s.
 2950  775.082, s. 775.083, or s. 775.084.
 2951         (c) Notwithstanding prosecution, any violation of paragraph
 2952  (a) or paragraph (b), as determined by the Public Employees
 2953  Relations Commission, constitutes sufficient cause under s.
 2954  110.227 for dismissal from employment with the department, and
 2955  such person may not again be employed in any capacity in the
 2956  juvenile justice system.
 2957         (3) An employee who witnesses the infliction of neglect
 2958  upon a juvenile offender shall immediately report the incident
 2959  to the department’s incident hotline and prepare, date, and sign
 2960  an independent report that specifically describes the nature of
 2961  the incident, the location and time of the incident, and the
 2962  persons involved in the incident. The employee shall deliver the
 2963  report to the employee’s supervisor or program director, who
 2964  must provide copies to the department’s inspector general and
 2965  the circuit juvenile justice manager. The inspector general
 2966  shall immediately conduct an appropriate administrative
 2967  investigation, and, if there is probable cause to believe that a
 2968  violation of subsection (2) has occurred, the inspector general
 2969  shall notify the state attorney in the circuit in which the
 2970  incident occurred.
 2971         (4)(a) A person who is required to prepare a report under
 2972  this section who knowingly or willfully fails to do so, or who
 2973  knowingly or willfully prevents another person from doing so,
 2974  commits a misdemeanor of the first degree, punishable as
 2975  provided in s. 775.082 or s. 775.083.
 2976         (b) A person who knowingly or willfully submits inaccurate,
 2977  incomplete, or untruthful information with respect to a report
 2978  required under this section commits a misdemeanor of the first
 2979  degree, punishable as provided in s. 775.082 or s. 775.083.
 2980         (c) A person who knowingly or willfully coerces or
 2981  threatens any other person with the intent to alter testimony or
 2982  a written report regarding an incident of neglect upon a
 2983  juvenile offender commits a felony of the third degree,
 2984  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2985         Section 44. Subsection (2) of section 985.721, Florida
 2986  Statutes, is amended to read:
 2987         985.721 Escapes from secure detention or residential
 2988  commitment facility.—An escape from:
 2989         (2) Any residential commitment facility described in s.
 2990  985.03(44) 985.03(46), maintained for the custody, treatment,
 2991  punishment, or rehabilitation of children found to have
 2992  committed delinquent acts or violations of law; or
 2993  
 2994  constitutes escape within the intent and meaning of s. 944.40
 2995  and is a felony of the third degree, punishable as provided in
 2996  s. 775.082, s. 775.083, or s. 775.084.
 2997         Section 45. Paragraphs (c) and (f) of subsection (3) of
 2998  section 943.0582, Florida Statutes, are amended to read:
 2999         943.0582 Prearrest, postarrest, or teen court diversion
 3000  program expunction.—
 3001         (3) The department shall expunge the nonjudicial arrest
 3002  record of a minor who has successfully completed a prearrest or
 3003  postarrest diversion program if that minor:
 3004         (c) Submits to the department, with the application, an
 3005  official written statement from the state attorney for the
 3006  county in which the arrest occurred certifying that he or she
 3007  has successfully completed that county’s prearrest or postarrest
 3008  diversion program, that his or her participation in the program
 3009  was based on an arrest for a nonviolent misdemeanor, and that he
 3010  or she has not otherwise been charged by the state attorney with
 3011  or found to have committed any criminal offense or comparable
 3012  ordinance violation.
 3013         (f) Has never, prior to filing the application for
 3014  expunction, been charged by the state attorney with or been
 3015  found to have committed any criminal offense or comparable
 3016  ordinance violation.
 3017         Section 46. Section 945.75, Florida Statutes, is repealed.
 3018         Section 47. Paragraphs (h) through (k) of subsection (3) of
 3019  section 121.0515, Florida Statutes, are redesignated as
 3020  paragraphs (g) through (j), respectively, and paragraphs (e)
 3021  through (i) of subsection (2), present paragraphs (g) and (k) of
 3022  subsection (3), paragraph (b) of subsection (5), paragraph (d)
 3023  of subsection (8), and paragraph (c) of subsection (10) of that
 3024  section are amended to read:
 3025         121.0515 Special Risk Class.—
 3026         (2) MEMBERSHIP.—
 3027         (e) Effective July 1, 2001, “special risk member” includes
 3028  any member who is employed as a youth custody officer by the
 3029  Department of Juvenile Justice and meets the special criteria
 3030  set forth in paragraph (3)(g).
 3031         (e)(f) Effective October 1, 2005, through June 30, 2008,
 3032  the member must be employed by a law enforcement agency or
 3033  medical examiner’s office in a forensic discipline and meet the
 3034  special criteria set forth in paragraph (3)(g) (3)(h).
 3035         (f)(g) Effective July 1, 2008, the member must be employed
 3036  by the Department of Law Enforcement in the crime laboratory or
 3037  by the Division of State Fire Marshal in the forensic laboratory
 3038  and meet the special criteria set forth in paragraph (3)(h)
 3039  (3)(i).
 3040         (g)(h) Effective July 1, 2008, the member must be employed
 3041  by a local government law enforcement agency or medical
 3042  examiner’s office and meet the special criteria set forth in
 3043  paragraph (3)(i) (3)(j).
 3044         (h)(i) Effective August 1, 2008, “special risk member”
 3045  includes any member who meets the special criteria for continued
 3046  membership set forth in paragraph (3)(j) (3)(k).
 3047         (3) CRITERIA.—A member, to be designated as a special risk
 3048  member, must meet the following criteria:
 3049         (g) Effective July 1, 2001, the member must be employed as
 3050  a youth custody officer and be certified, or required to be
 3051  certified, in compliance with s. 943.1395. In addition, the
 3052  member’s primary duties and responsibilities must be the
 3053  supervised custody, surveillance, control, investigation,
 3054  apprehension, arrest, and counseling of assigned juveniles
 3055  within the community;
 3056         (j)(k) The member must have already qualified for and be
 3057  actively participating in special risk membership under
 3058  paragraph (a), paragraph (b), or paragraph (c), must have
 3059  suffered a qualifying injury as defined in this paragraph, must
 3060  not be receiving disability retirement benefits as provided in
 3061  s. 121.091(4), and must satisfy the requirements of this
 3062  paragraph.
 3063         1. The ability to qualify for the class of membership
 3064  defined in paragraph (2)(h) (2)(i) occurs when two licensed
 3065  medical physicians, one of whom is a primary treating physician
 3066  of the member, certify the existence of the physical injury and
 3067  medical condition that constitute a qualifying injury as defined
 3068  in this paragraph and that the member has reached maximum
 3069  medical improvement after August 1, 2008. The certifications
 3070  from the licensed medical physicians must include, at a minimum,
 3071  that the injury to the special risk member has resulted in a
 3072  physical loss, or loss of use, of at least two of the following:
 3073  left arm, right arm, left leg, or right leg; and:
 3074         a. That this physical loss or loss of use is total and
 3075  permanent, except if the loss of use is due to a physical injury
 3076  to the member’s brain, in which event the loss of use is
 3077  permanent with at least 75 percent loss of motor function with
 3078  respect to each arm or leg affected.
 3079         b. That this physical loss or loss of use renders the
 3080  member physically unable to perform the essential job functions
 3081  of his or her special risk position.
 3082         c. That, notwithstanding this physical loss or loss of use,
 3083  the individual can perform the essential job functions required
 3084  by the member’s new position, as provided in subparagraph 3.
 3085         d. That use of artificial limbs is not possible or does not
 3086  alter the member’s ability to perform the essential job
 3087  functions of the member’s position.
 3088         e. That the physical loss or loss of use is a direct result
 3089  of a physical injury and not a result of any mental,
 3090  psychological, or emotional injury.
 3091         2. For the purposes of this paragraph, “qualifying injury”
 3092  means an injury sustained in the line of duty, as certified by
 3093  the member’s employing agency, by a special risk member that
 3094  does not result in total and permanent disability as defined in
 3095  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 3096  is a physical injury to the member’s physical body resulting in
 3097  a physical loss, or loss of use, of at least two of the
 3098  following: left arm, right arm, left leg, or right leg.
 3099  Notwithstanding any other provision of this section, an injury
 3100  that would otherwise qualify as a qualifying injury is not
 3101  considered a qualifying injury if and when the member ceases
 3102  employment with the employer for whom he or she was providing
 3103  special risk services on the date the injury occurred.
 3104         3. The new position, as described in sub-subparagraph 1.c.,
 3105  that is required for qualification as a special risk member
 3106  under this paragraph is not required to be a position with
 3107  essential job functions that entitle an individual to special
 3108  risk membership. Whether a new position as described in sub
 3109  subparagraph 1.c. exists and is available to the special risk
 3110  member is a decision to be made solely by the employer in
 3111  accordance with its hiring practices and applicable law.
 3112         4. This paragraph does not grant or create additional
 3113  rights for any individual to continued employment or to be hired
 3114  or rehired by his or her employer that are not already provided
 3115  within the Florida Statutes, the State Constitution, the
 3116  Americans with Disabilities Act, if applicable, or any other
 3117  applicable state or federal law.
 3118         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
 3119         (b) Any member who is a special risk member on July 1,
 3120  2008, and who became eligible to participate under paragraph
 3121  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
 3122  Class membership established by paragraph (3)(h) (3)(i) or
 3123  paragraph (3)(i) (3)(j) shall have his or her special risk
 3124  designation removed and thereafter shall be a Regular Class
 3125  member and earn only Regular Class membership credit. The
 3126  department may review the special risk designation of members to
 3127  determine whether or not those members continue to meet the
 3128  criteria for Special Risk Class membership.
 3129         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
 3130         (d) Notwithstanding any other provision of this subsection,
 3131  this subsection does not apply to any special risk member who
 3132  qualifies for continued membership pursuant to paragraph (3)(j)
 3133  (3)(k).
 3134         (10) CREDIT FOR UPGRADED SERVICE.—
 3135         (c) Any member of the Special Risk Class who has earned
 3136  creditable service through June 30, 2008, in another membership
 3137  class of the Florida Retirement System in a position with the
 3138  Department of Law Enforcement or the Division of State Fire
 3139  Marshal and became covered by the Special Risk Class as
 3140  described in paragraph (3)(h) (3)(i), or with a local government
 3141  law enforcement agency or medical examiner’s office and became
 3142  covered by the Special Risk Class as described in paragraph
 3143  (3)(i) (3)(j), which service is within the purview of the
 3144  Special Risk Class, and is employed in such position on or after
 3145  July 1, 2008, may purchase additional retirement credit to
 3146  upgrade such service to Special Risk Class service, to the
 3147  extent of the percentages of the member’s average final
 3148  compensation provided in s. 121.091(1)(a)2. The cost for such
 3149  credit must be an amount representing the actuarial accrued
 3150  liability for the difference in accrual value during the
 3151  affected period of service. The cost shall be calculated using
 3152  the discount rate and other relevant actuarial assumptions that
 3153  were used to value the Florida Retirement System Pension Plan
 3154  liabilities in the most recent actuarial valuation. The division
 3155  shall ensure that the transfer sum is prepared using a formula
 3156  and methodology certified by an enrolled actuary. The cost must
 3157  be paid immediately upon notification by the division. The local
 3158  government employer may purchase the upgraded service credit on
 3159  behalf of the member if the member has been employed by that
 3160  employer for at least 3 years.
 3161         Section 48. Paragraph (a) of subsection (4) of section
 3162  316.635, Florida Statutes, is amended to read:
 3163         316.635 Courts having jurisdiction over traffic violations;
 3164  powers relating to custody and detention of minors.—
 3165         (4) A minor who willfully fails to appear before any court
 3166  or judicial officer as required by written notice to appear is
 3167  guilty of contempt of court. Upon a finding by a court, after
 3168  notice and a hearing, that a minor is in contempt of court for
 3169  willful failure to appear pursuant to a valid notice to appear,
 3170  the court may:
 3171         (a) For a first offense, order the minor to serve up to 5
 3172  days in a staff-secure shelter as defined in chapter 984 or
 3173  chapter 985 or, if space in a staff-secure shelter is
 3174  unavailable, in a secure juvenile detention center.
 3175         Section 49. Paragraph (a) of subsection (2) of section
 3176  318.143, Florida Statutes, is amended to read:
 3177         318.143 Sanctions for infractions by minors.—
 3178         (2) Failure to comply with one or more of the sanctions
 3179  imposed by the court constitutes contempt of court. Upon a
 3180  finding by the court, after notice and a hearing, that a minor
 3181  is in contempt of court for failure to comply with court-ordered
 3182  sanctions, the court may:
 3183         (a) For a first offense, order the minor to serve up to 5
 3184  days in a staff-secure shelter as defined in chapter 984 or
 3185  chapter 985 or, if space in a staff-secure shelter is
 3186  unavailable, in a secure juvenile detention center.
 3187         Section 50. Except as otherwise expressly provided in this
 3188  act, this act shall take effect July 1, 2014.