Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 700
       
       
       
       
       
                               Ì582052|Î582052                          
       
       576-02819-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    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.; deleting
  103         provisions relating to prevention services programs
  104         and providers and early delinquency intervention
  105         programs; amending s. 985.632, F.S.; providing for the
  106         establishment of a performance accountability system
  107         for contract providers; revising definitions;
  108         providing for the development of a Comprehensive
  109         Accountability Report; requiring the department to
  110         prepare and submit the report annually to the Governor
  111         and Legislature; specifying content that must be
  112         included in the report; revising provisions relating
  113         to the cost-effectiveness model and quality
  114         improvement; amending s. 985.644, F.S.; clarifying an
  115         exemption for specified certified law enforcement,
  116         correctional, and correctional probation officers
  117         relating to a requirement to submit to level 2
  118         background screenings; creating s. 985.6441, F.S.;
  119         providing definitions; limiting the amount that the
  120         department may pay a hospital or health care provider
  121         for health care services based on a percentage of the
  122         Medicare allowable rate; providing applicability;
  123         amending s. 985.66, F.S.; revising specified juvenile
  124         justice staff development and training procedures;
  125         expanding application of training requirements to
  126         contract providers who care for children in the
  127         department’s custody; amending s. 985.664, F.S.;
  128         deleting obsolete provisions relating to the initial
  129         selection of the juvenile justice circuit advisory
  130         board chairs; revising procedures for appointing
  131         juvenile justice circuit advisory board chairs;
  132         providing that chairs serve at the pleasure of the
  133         secretary; amending s. 985.672, F.S.; clarifying
  134         language concerning expenditures of the direct-support
  135         organization’s funds; authorizing the direct-support
  136         organization to use department personnel services;
  137         defining the term “personnel services”; amending s.
  138         985.682, F.S.; deleting obsolete provisions regarding
  139         a comprehensive study relating to the siting of
  140         facilities; amending s. 985.69, F.S.; providing for
  141         the use of specified funds for repair and maintenance;
  142         repealing s. 985.694, F.S.; deleting a provision
  143         relating to the Juvenile Care and Maintenance Trust
  144         Fund; amending s. 985.701, F.S.; defining the term
  145         “juvenile offender” for purposes of prohibiting sexual
  146         misconduct with juvenile offenders; creating s.
  147         985.702, F.S.; providing an effective date; providing
  148         definitions; providing for the imposition of criminal
  149         penalties against specified employees who inflict
  150         neglect upon juvenile offenders; providing enhanced
  151         penalties for such treatment that results in great
  152         bodily harm, permanent disability, or permanent
  153         disfigurement to a juvenile offender; specifying that
  154         such conduct constitutes sufficient cause for an
  155         employee’s dismissal from employment; prohibiting such
  156         employee from future employment with the juvenile
  157         justice system; providing incident reporting
  158         requirements; prohibiting an employee who witnesses
  159         such an incident from knowingly or willfully failing
  160         to report such incident; prohibiting false reporting,
  161         preventing another from reporting, or coercing another
  162         to alter testimony or reports; providing criminal
  163         penalties; amending s. 985.721, F.S.; correcting a
  164         cross-reference; amending s. 943.0582, F.S.;
  165         clarifying that minors are not eligible for expunction
  166         if they have been charged by a state attorney for
  167         other crimes; repealing s. 945.75, F.S.; deleting a
  168         requirement that the Department of Corrections and
  169         counties develop programs under which a judge may
  170         order juveniles who have committed delinquent acts to
  171         tour correctional facilities; amending ss. 121.0515,
  172         316.635, and 318.143, F.S.; conforming provisions and
  173         correcting cross-references; providing effective
  174         dates.
  175          
  176  Be It Enacted by the Legislature of the State of Florida:
  177  
  178         Section 1. Section 985.01, Florida Statutes, is amended to
  179  read:
  180         985.01 Purposes and intent.—
  181         (1) The purposes of this chapter are:
  182         (a) To increase public safety by reducing juvenile
  183  delinquency through effective prevention, intervention, and
  184  treatment services that strengthen and reform the lives of
  185  children.
  186         (b)(a) To provide judicial and other procedures to assure
  187  due process through which children, victims, and other
  188  interested parties are assured fair hearings by a respectful and
  189  respected court or other tribunal and the recognition,
  190  protection, and enforcement of their constitutional and other
  191  legal rights, while ensuring that public safety interests and
  192  the authority and dignity of the courts are adequately
  193  protected.
  194         (c)(b) To provide for the care, safety, and protection of
  195  children in an environment that fosters healthy social,
  196  emotional, intellectual, educational, and physical development;
  197  to ensure secure and safe custody; and to promote the health and
  198  well-being of all children under the state’s care.
  199         (d)(c) To ensure the protection of society, by providing
  200  for a comprehensive standardized assessment of the child’s needs
  201  so that the most appropriate control, discipline, punishment,
  202  and treatment can be administered consistent with the
  203  seriousness of the act committed, the community’s long-term need
  204  for public safety, the prior record of the child, and the
  205  specific rehabilitation needs of the child, while also
  206  providing, whenever possible, restitution to the victim of the
  207  offense.
  208         (e)(d) To preserve and strengthen the child’s family ties
  209  whenever possible, by providing for removal of the child from
  210  the physical custody of a parent parental custody only when his
  211  or her welfare or the safety and protection of the public cannot
  212  be adequately safeguarded without such removal; and, when the
  213  child is removed from his or her own family, to secure custody,
  214  care, and discipline for the child as nearly as possible
  215  equivalent to that which should have been given by the parents;
  216  and to assure, in all cases in which a child must be permanently
  217  removed from parental custody, that the child be placed in an
  218  approved family home, adoptive home, independent living program,
  219  or other placement that provides the most stable and permanent
  220  living arrangement for the child, as determined by the court.
  221         (f)(e)1. To assure that the adjudication and disposition of
  222  a child alleged or found to have committed a violation of
  223  Florida law be exercised with appropriate discretion and in
  224  keeping with the seriousness of the offense and the need for
  225  treatment services, and that all findings made under this
  226  chapter be based upon facts presented at a hearing that meets
  227  the constitutional standards of fundamental fairness and due
  228  process.
  229         2. To assure that the sentencing and placement of a child
  230  tried as an adult be appropriate and in keeping with the
  231  seriousness of the offense and the child’s need for
  232  rehabilitative services, and that the proceedings and procedures
  233  applicable to such sentencing and placement be applied within
  234  the full framework of constitutional standards of fundamental
  235  fairness and due process.
  236         (g)(f) To provide children committed to the department with
  237  training in life skills, including career and technical
  238  education, when appropriate.
  239         (h) To care for children in the least restrictive and most
  240  appropriate service environments, ensuring that children
  241  assessed as low and moderate risk to reoffend are not committed
  242  to residential programs.
  243         (i) To allocate resources for the most effective programs,
  244  services, and treatments to ensure that children, their
  245  families, and their community support systems are connected with
  246  these programs at the points along the juvenile justice
  247  continuum where they will have the most impact.
  248         (2) It is the intent of the Legislature that this chapter
  249  be liberally interpreted and construed in conformity with its
  250  declared purposes.
  251         Section 2. Paragraphs (g) and (h) of subsection (1),
  252  subsections (2) and (3), paragraph (b) of subsection (4), and
  253  subsections (5) and (7) of section 985.02, Florida Statutes, are
  254  amended, and subsections (8) and (9) are added to that section,
  255  to read:
  256         985.02 Legislative intent for the juvenile justice system.—
  257         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  258  the Legislature that the children of this state be provided with
  259  the following protections:
  260         (g) Access to prevention programs and preventive services.
  261         (h) An independent, trained advocate when intervention is
  262  necessary, and a skilled guardian or caretaker in a safe
  263  environment when alternative placement is necessary.
  264         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  265  children in the care of the state’s dependency and delinquency
  266  system systems need appropriate health care services, that the
  267  impact of substance abuse on health indicates the need for
  268  health care services to include substance abuse services where
  269  appropriate, and that it is in the state’s best interest that
  270  such children be provided the services they need to enable them
  271  to become and remain independent of state care. In order to
  272  provide these services, the state’s dependency and delinquency
  273  system systems must have the ability to identify and provide
  274  appropriate intervention and treatment for children with
  275  personal or family-related substance abuse problems. It is
  276  therefore the purpose of the Legislature to provide authority
  277  for the state to contract with community substance abuse
  278  treatment providers for the development and operation of
  279  specialized support and overlay services for the dependency and
  280  delinquency system systems, which will be fully implemented and
  281  utilized as resources permit.
  282         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  283  policy of the state with respect to juvenile justice and
  284  delinquency prevention to first protect the public from acts of
  285  delinquency. In addition, it is the policy of the state to:
  286         (a) Develop and implement effective methods of preventing
  287  and reducing acts of delinquency, with a focus on maintaining
  288  and strengthening the family as a whole so that children may
  289  remain in their homes or communities.
  290         (b) Develop and implement effective programs to prevent
  291  delinquency, to divert children from the traditional juvenile
  292  justice system, to intervene at an early stage of delinquency,
  293  and to provide critically needed alternatives to
  294  institutionalization and deep-end commitment.
  295         (c) Provide well-trained personnel, high-quality services,
  296  and cost-effective programs within the juvenile justice system.
  297         (d) Increase the capacity of local governments and public
  298  and private agencies to conduct rehabilitative treatment
  299  programs and to provide research, evaluation, and training
  300  services in the field of juvenile delinquency prevention.
  301  
  302  The Legislature intends that detention care, in addition to
  303  providing secure and safe custody, will promote the health and
  304  well-being of the children committed thereto and provide an
  305  environment that fosters their social, emotional, intellectual,
  306  and physical development.
  307         (4) DETENTION.—
  308         (b) The Legislature intends that a juvenile found to have
  309  committed a delinquent act understands the consequences and the
  310  serious nature of such behavior. Therefore, the Legislature
  311  finds that secure detention is appropriate to provide punishment
  312  for children who pose a threat to public safety that discourages
  313  further delinquent behavior. The Legislature also finds that
  314  certain juveniles have committed a sufficient number of criminal
  315  acts, including acts involving violence to persons, to represent
  316  sufficient danger to the community to warrant sentencing and
  317  placement within the adult system. It is the intent of the
  318  Legislature to establish clear criteria in order to identify
  319  these juveniles and remove them from the juvenile justice
  320  system.
  321         (5) SITING OF FACILITIES.—
  322         (a) The Legislature finds that timely siting and
  323  development of needed residential facilities for juvenile
  324  offenders is critical to the public safety of the citizens of
  325  this state and to the effective rehabilitation of juvenile
  326  offenders.
  327         (b) It is the purpose of the Legislature to guarantee that
  328  such facilities are sited and developed within reasonable
  329  timeframes after they are legislatively authorized and
  330  appropriated.
  331         (c) The Legislature further finds that such facilities must
  332  be located in areas of the state close to the home communities
  333  of the children they house in order to ensure the most effective
  334  rehabilitation efforts, and the most intensive postrelease
  335  supervision, and case management. The placement of facilities
  336  close to the home communities of the children they house is also
  337  intended to facilitate family involvement in the treatment
  338  process. Residential facilities shall have no more than 90 165
  339  beds each, including campus-style programs, unless those campus
  340  style programs include more than one level of restrictiveness,
  341  provide multilevel education and treatment program programs
  342  using different treatment protocols, and have facilities that
  343  coexist separately in distinct locations on the same property.
  344         (d) It is the intent of the Legislature that all other
  345  departments and agencies of the state shall cooperate fully with
  346  the Department of Juvenile Justice to accomplish the siting of
  347  facilities for juvenile offenders.
  348  
  349  The supervision, counseling, and rehabilitative treatment, and
  350  punitive efforts of the juvenile justice system should avoid the
  351  inappropriate use of correctional programs and large
  352  institutions. The Legislature finds that detention services
  353  should exceed the primary goal of providing safe and secure
  354  custody pending adjudication and disposition.
  355         (7) GENDER-SPECIFIC PROGRAMMING.—
  356         (a) The Legislature finds that the prevention, treatment,
  357  and rehabilitation needs of children youth served by the
  358  juvenile justice system are gender-specific. A gender-specific
  359  approach is one in which programs, services, and treatments
  360  comprehensively address the unique developmental needs of a
  361  targeted gender group under the care of the department. Young
  362  women and men have different pathways to delinquency, display
  363  different patterns of offending, and respond differently to
  364  interventions, treatment, and services.
  365         (b) Gender-specific programming refers to unique program
  366  models and services that comprehensively address the needs of a
  367  targeted gender group. Gender-specific services require the
  368  adherence to the principle of equity to ensure that the
  369  different interests of young women and men are recognized and
  370  varying needs are met, with equality as the desired outcome.
  371  Gender-specific interventions focus programming focuses on the
  372  differences between young females’ and young males’ social roles
  373  and responsibilities, positions in society, access to and use of
  374  resources, history of trauma, and reasons for interaction with
  375  the juvenile justice system and social codes governing behavior.
  376  Gender-specific programs increase the effectiveness of programs
  377  by making interventions more appropriate to the specific needs
  378  of young women and men and ensuring that these programs do not
  379  unknowingly create, maintain, or reinforce gender roles or
  380  relations that may be damaging.
  381         (8) TRAUMA-INFORMED CARE.—The Legislature finds that the
  382  department should use trauma-informed care as an approach to
  383  treating children with histories of trauma. Trauma-informed care
  384  assists service providers in recognizing the symptoms of trauma
  385  and acknowledges the role trauma has played in the child’s life.
  386  Services for children should be based on an understanding of the
  387  vulnerabilities and triggers of trauma survivors that
  388  traditional service delivery approaches may exacerbate, so that
  389  these services and programs can be more supportive and avoid
  390  retraumatization. The department should use trauma-specific
  391  interventions that are designed to address the consequences of
  392  trauma in the child and to facilitate healing.
  393         (9) FAMILY AND COMMUNITY ENGAGEMENT.—The Legislature finds
  394  that families and community support systems are critical to the
  395  success of children and to ensure they are nondelinquent.
  396  Therefore, when appropriate, children who can safely be held
  397  accountable when served and treated in their homes and
  398  communities should be diverted from more restrictive placements
  399  within the juvenile justice system. There should be an emphasis
  400  on strengthening the family and immersing the family members in
  401  their community support system. The department should develop
  402  customized plans that acknowledge the importance of family and
  403  community support systems. The customized plans should recognize
  404  a child’s individual needs, capitalize on their strengths,
  405  reduce their risks, and prepare them for a successful transition
  406  to, and unification with, their family and community support
  407  system. The child’s family must be considered in the
  408  department’s process of assessing the needs, services and
  409  treatment, and community connections of the children who are
  410  involved in the juvenile justice system or in danger of becoming
  411  involved in the system.
  412         Section 3. Section 985.03, Florida Statutes, is reordered
  413  and amended to read:
  414         985.03 Definitions.—As used in this chapter, the term:
  415         (1) “Abscond” means to hide, conceal, or absent oneself
  416  from the jurisdiction of the court or supervision of the
  417  department to avoid prosecution or supervision.
  418         (2)(1) “Addictions receiving facility” means a substance
  419  abuse service provider as defined in chapter 397.
  420         (3)(2) “Adjudicatory hearing” means a hearing for the court
  421  to determine whether or not the facts support the allegations
  422  stated in the petition, as is provided for under s. 985.35 in
  423  delinquency cases.
  424         (4)(3) “Adult” means any natural person other than a child.
  425         (5)(4) “Arbitration” means a process whereby a neutral
  426  third person or panel, called an arbitrator or an arbitration
  427  panel, considers the facts and arguments presented by the
  428  parties and renders a decision which may be binding or
  429  nonbinding.
  430         (6)(5) “Authorized agent” or “designee” of the department
  431  means a person or agency assigned or designated by the
  432  department or the Department of Children and Family Services, as
  433  appropriate, to perform duties or exercise powers under this
  434  chapter and includes contract providers and their employees for
  435  purposes of providing services to and managing cases of children
  436  in need of services and families in need of services.
  437         (7)(6) “Child” or “juvenile” or “youth” means any unmarried
  438  person under the age of 18 who has not been emancipated by order
  439  of the court and who has been found or alleged to be dependent,
  440  in need of services, or from a family in need of services; or
  441  any married or unmarried person who is alleged to have committed
  442  charged with a violation of law occurring prior to the time that
  443  person reached the age of 18 years.
  444         (8)(7) “Child in need of services” has the same meaning as
  445  provided in s. 984.03 means a child for whom there is no pending
  446  investigation into an allegation or suspicion of abuse, neglect,
  447  or abandonment; no pending referral alleging the child is
  448  delinquent; or no current supervision by the department or the
  449  Department of Children and Family Services for an adjudication
  450  of dependency or delinquency. The child must also, under this
  451  chapter, be found by the court:
  452         (a) To have persistently run away from the child’s parents
  453  or legal custodians despite reasonable efforts of the child, the
  454  parents or legal custodians, and appropriate agencies to remedy
  455  the conditions contributing to the behavior. Reasonable efforts
  456  shall include voluntary participation by the child’s parents or
  457  legal custodians and the child in family mediation, services,
  458  and treatment offered by the department or the Department of
  459  Children and Family Services;
  460         (b) To be habitually truant from school, while subject to
  461  compulsory school attendance, despite reasonable efforts to
  462  remedy the situation under ss. 1003.26 and 1003.27 and through
  463  voluntary participation by the child’s parents or legal
  464  custodians and by the child in family mediation, services, and
  465  treatment offered by the Department of Juvenile Justice or the
  466  Department of Children and Family Services; or
  467         (c) To have persistently disobeyed the reasonable and
  468  lawful demands of the child’s parents or legal custodians, and
  469  to be beyond their control despite efforts by the child’s
  470  parents or legal custodians and appropriate agencies to remedy
  471  the conditions contributing to the behavior. Reasonable efforts
  472  may include such things as good faith participation in family or
  473  individual counseling.
  474         (9)(8) “Child who has been found to have committed a
  475  delinquent act” means a child who, under this chapter, is found
  476  by a court to have committed a violation of law or to be in
  477  direct or indirect contempt of court, except that this
  478  definition does not include an act constituting contempt of
  479  court arising out of a dependency proceeding or a proceeding
  480  concerning a child or family in need of services.
  481         (9) “Child support” means a court-ordered obligation,
  482  enforced under chapter 61 and ss. 409.2551-409.2597, for
  483  monetary support for the care, maintenance, training, and
  484  education of a child.
  485         (10) “Circuit” means any of the 20 judicial circuits as set
  486  forth in s. 26.021.
  487         (11) “Comprehensive assessment” or “assessment” means the
  488  gathering of information for the evaluation of a juvenile
  489  offender’s or a child’s physical, psychological, educational,
  490  career and technical education vocational, and social condition
  491  and family environment as they relate to the child’s need for
  492  rehabilitative and treatment services, including substance abuse
  493  treatment services, mental health services, developmental
  494  services, literacy services, medical services, family services,
  495  and other specialized services, as appropriate.
  496         (12) “Conditional release” means the care, treatment, help,
  497  and supervision, and provision of transition-to-adulthood
  498  services provided to a juvenile released from a residential
  499  commitment program which is intended to promote rehabilitation
  500  and prevent recidivism. The purpose of conditional release is to
  501  protect the public, reduce recidivism, increase responsible
  502  productive behavior, and provide for a successful transition of
  503  the youth from the department to his or her the family.
  504  Conditional release includes, but is not limited to,
  505  nonresidential community-based programs.
  506         (13) “Court,unless otherwise expressly stated, means the
  507  circuit court assigned to exercise jurisdiction under this
  508  chapter, unless otherwise expressly stated.
  509         (14) “Day treatment” means a nonresidential, community
  510  based program designed to provide therapeutic intervention to
  511  youth who are served by the department, who are placed on
  512  probation or conditional release, or are committed to the
  513  minimum-risk nonresidential level. A day treatment program may
  514  provide educational and career and technical education
  515  vocational services and shall provide case management services;
  516  individual, group, and family counseling; training designed to
  517  address delinquency risk factors; and monitoring of a youth’s
  518  compliance with, and facilitation of a youth’s completion of,
  519  sanctions if ordered by the court. Program types may include,
  520  but are not limited to, career programs, marine programs,
  521  juvenile justice alternative schools, training and
  522  rehabilitation programs, and gender-specific programs.
  523         (15)(a) “Delinquency program” means any intake, probation,
  524  or similar program; regional detention center or facility; or
  525  community-based program, whether owned and operated by or
  526  contracted by the department, or institution owned and operated
  527  by or contracted by the department, which provides intake,
  528  supervision, or custody and care of children who are alleged to
  529  be or who have been found to be delinquent under this chapter.
  530         (b) “Delinquency program staff” means supervisory and
  531  direct care staff of a delinquency program as well as support
  532  staff who have direct contact with children in a delinquency
  533  program.
  534         (c) “Delinquency prevention programs” means programs
  535  designed for the purpose of reducing the occurrence of
  536  delinquency, including criminal gang activity, and juvenile
  537  arrests. The term excludes arbitration, diversionary or
  538  mediation programs, and community service work or other
  539  treatment available subsequent to a child committing a
  540  delinquent act.
  541         (16) “Department” means the Department of Juvenile Justice.
  542         (17) “Designated facility” or “designated treatment
  543  facility” means any facility designated by the department to
  544  provide treatment to juvenile offenders.
  545         (18) “Detention care” means the temporary care of a child
  546  in secure or, nonsecure, or home detention, pending a court
  547  adjudication or disposition or execution of a court order. There
  548  are two three types of detention care, as follows:
  549         (a) “Secure detention” means temporary custody of the child
  550  while the child is under the physical restriction of a secure
  551  detention center or facility pending adjudication, disposition,
  552  or placement.
  553         (b) “Nonsecure detention” means temporary custody of the
  554  child while the child is in a residential home in the community
  555  in a physically nonrestrictive environment under the supervision
  556  of the Department of Juvenile Justice pending adjudication,
  557  disposition, or placement.
  558         (b)(c)“Nonsecure detention” “Home detention” means
  559  temporary, nonsecure custody of the child while the child is
  560  released to the custody of the parent, guardian, or custodian in
  561  a physically nonrestrictive environment under the supervision of
  562  the department staff pending adjudication, disposition, or
  563  placement. Forms of nonsecure detention include, but are not
  564  limited to, home detention, electronic monitoring, day reporting
  565  centers, evening reporting centers, and nonsecure shelters.
  566  Nonsecure detention may include other requirements imposed by
  567  the court.
  568         (19) “Detention center or facility” means a facility used
  569  pending court adjudication or disposition or execution of court
  570  order for the temporary care of a child alleged or found to have
  571  committed a violation of law. A detention center or facility may
  572  provide secure or nonsecure custody. A facility used for the
  573  commitment of adjudicated delinquents shall not be considered a
  574  detention center or facility.
  575         (20) “Detention hearing” means a hearing for the court to
  576  determine if a child should be placed in temporary custody, as
  577  provided for under part V in delinquency cases.
  578         (21) “Disposition hearing” means a hearing in which the
  579  court determines the most appropriate dispositional services in
  580  the least restrictive available setting provided for under part
  581  VII, in delinquency cases.
  582         (22) “Family” means a collective of persons, consisting of
  583  a child and a parent, guardian, adult custodian, or adult
  584  relative, in which:
  585         (a) The persons reside in the same house or living unit; or
  586         (b) The parent, guardian, adult custodian, or adult
  587  relative has a legal responsibility by blood, marriage, or court
  588  order to support or care for the child.
  589         (23) “Family in need of services” has the same meaning as
  590  provided in s. 984.03 means a family that has a child for whom
  591  there is no pending investigation into an allegation of abuse,
  592  neglect, or abandonment or no current supervision by the
  593  department or the Department of Children and Family Services for
  594  an adjudication of dependency or delinquency. The child must
  595  also have been referred to a law enforcement agency or the
  596  department for:
  597         (a) Running away from parents or legal custodians;
  598         (b) Persistently disobeying reasonable and lawful demands
  599  of parents or legal custodians, and being beyond their control;
  600  or
  601         (c) Habitual truancy from school.
  602         (24) “Foster care” means care provided a child in a foster
  603  family or boarding home, group home, agency boarding home, child
  604  care institution, or any combination thereof.
  605         (25) “Habitually truant” means that:
  606         (a) The child has 15 unexcused absences within 90 calendar
  607  days with or without the knowledge or justifiable consent of the
  608  child’s parent or legal guardian, is subject to compulsory
  609  school attendance under s. 1003.21(1) and (2)(a), and is not
  610  exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
  611  specified by law or the rules of the State Board of Education.
  612         (b) Escalating activities to determine the cause, and to
  613  attempt the remediation, of the child’s truant behavior under
  614  ss. 1003.26 and 1003.27 have been completed.
  615  
  616  If a child who is subject to compulsory school attendance is
  617  responsive to the interventions described in ss. 1003.26 and
  618  1003.27 and has completed the necessary requirements to pass the
  619  current grade as indicated in the district pupil progression
  620  plan, the child shall not be determined to be habitually truant
  621  and shall be passed. If a child within the compulsory school
  622  attendance age has 15 unexcused absences within 90 calendar days
  623  or fails to enroll in school, the state attorney may file a
  624  child-in-need-of-services petition. Before filing a petition,
  625  the child must be referred to the appropriate agency for
  626  evaluation. After consulting with the evaluating agency, the
  627  state attorney may elect to file a child-in-need-of-services
  628  petition.
  629         (c) A school representative, designated according to school
  630  board policy, and a juvenile probation officer of the department
  631  have jointly investigated the truancy problem or, if that was
  632  not feasible, have performed separate investigations to identify
  633  conditions that could be contributing to the truant behavior;
  634  and if, after a joint staffing of the case to determine the
  635  necessity for services, such services were determined to be
  636  needed, the persons who performed the investigations met jointly
  637  with the family and child to discuss any referral to appropriate
  638  community agencies for economic services, family or individual
  639  counseling, or other services required to remedy the conditions
  640  that are contributing to the truant behavior.
  641         (d) The failure or refusal of the parent or legal guardian
  642  or the child to participate, or make a good faith effort to
  643  participate, in the activities prescribed to remedy the truant
  644  behavior, or the failure or refusal of the child to return to
  645  school after participation in activities required by this
  646  subsection, or the failure of the child to stop the truant
  647  behavior after the school administration and the department have
  648  worked with the child as described in s. 1003.27(3) shall be
  649  handled as prescribed in s. 1003.27.
  650         (26) “Halfway house” means a community-based residential
  651  program for 10 or more committed delinquents at the moderate
  652  risk commitment level which is operated or contracted by the
  653  department.
  654         (24)(27) “Intake” means the initial acceptance and
  655  screening by the department or juvenile assessment center
  656  personnel of a complaint or a law enforcement report or probable
  657  cause affidavit of delinquency, family in need of services, or
  658  child in need of services to determine the recommendation to be
  659  taken in the best interests of the child, the family, and the
  660  community. The emphasis of intake is on diversion and the least
  661  restrictive available services. Consequently, intake includes
  662  such alternatives as:
  663         (a) The disposition of the complaint, report, or probable
  664  cause affidavit without court or public agency action or
  665  judicial handling when appropriate.
  666         (b) The referral of the child to another public or private
  667  agency when appropriate.
  668         (c) The recommendation by the department juvenile probation
  669  officer of judicial handling when appropriate and warranted.
  670         (25)(28) “Judge” means the circuit judge exercising
  671  jurisdiction pursuant to this chapter.
  672         (26)(29) “Juvenile justice continuum” includes, but is not
  673  limited to, delinquency prevention programs and services
  674  designed for the purpose of preventing or reducing delinquent
  675  acts, including criminal activity by criminal gangs, and
  676  juvenile arrests, as well as programs and services targeted at
  677  children who have committed delinquent acts, and children who
  678  have previously been committed to residential treatment programs
  679  for delinquents. The term includes children-in-need-of-services
  680  and families-in-need-of-services programs under chapter 984;
  681  conditional release; substance abuse and mental health programs;
  682  educational and career programs; recreational programs;
  683  community services programs; community service work programs;
  684  mother-infant programs; and alternative dispute resolution
  685  programs serving children at risk of delinquency and their
  686  families, whether offered or delivered by state or local
  687  governmental entities, public or private for-profit or not-for
  688  profit organizations, or religious or charitable organizations.
  689         (27)(30) “Juvenile probation officer” means the authorized
  690  agent of the department who performs the intake, case
  691  management, or supervision functions.
  692         (28)(31) “Legal custody or guardian” means a legal status
  693  created by court order or letter of guardianship which vests in
  694  a custodian of the person or guardian, whether an agency or an
  695  individual, the right to have physical custody of the child and
  696  the right and duty to protect, train, and discipline the child
  697  and to provide him or her with food, shelter, education, and
  698  ordinary medical, dental, psychiatric, and psychological care.
  699         (29)(32) “Licensed child-caring agency” means a person,
  700  society, association, or agency licensed by the Department of
  701  Children and Families Family Services to care for, receive, and
  702  board children.
  703         (30)(33) “Licensed health care professional” means a
  704  physician licensed under chapter 458, an osteopathic physician
  705  licensed under chapter 459, a nurse licensed under part I of
  706  chapter 464, a physician assistant licensed under chapter 458 or
  707  chapter 459, or a dentist licensed under chapter 466.
  708         (31)(34) “Likely to injure oneself” means that, as
  709  evidenced by violent or other actively self-destructive
  710  behavior, it is more likely than not that within a 24-hour
  711  period the child will attempt to commit suicide or inflict
  712  serious bodily harm on himself or herself.
  713         (32)(35) “Likely to injure others” means that it is more
  714  likely than not that within a 24-hour period the child will
  715  inflict serious and unjustified bodily harm on another person.
  716         (33)(36) “Mediation” means a process whereby a neutral
  717  third person called a mediator acts to encourage and facilitate
  718  the resolution of a dispute between two or more parties. It is
  719  an informal and nonadversarial process with the objective of
  720  helping the disputing parties reach a mutually acceptable and
  721  voluntary agreement. In mediation, decisionmaking authority
  722  rests with the parties. The role of the mediator includes, but
  723  is not limited to, assisting the parties in identifying issues,
  724  fostering joint problem solving, and exploring settlement
  725  alternatives.
  726         (34)(37) “Mother-infant program” means a residential
  727  program designed to serve the needs of juvenile mothers or
  728  expectant juvenile mothers who are committed as delinquents,
  729  which is operated or contracted by the department. A mother
  730  infant program facility must be licensed as a child care
  731  facility under s. 402.308 and must provide the services and
  732  support necessary to enable each juvenile mother committed to
  733  the facility to provide for the needs of her infants who, upon
  734  agreement of the mother, may accompany her in the program.
  735         (35)(38) “Necessary medical treatment” means care which is
  736  necessary within a reasonable degree of medical certainty to
  737  prevent the deterioration of a child’s condition or to alleviate
  738  immediate pain of a child.
  739         (36)(39) “Next of kin” means an adult relative of a child
  740  who is the child’s brother, sister, grandparent, aunt, uncle, or
  741  first cousin.
  742         (37)(40) “Ordinary medical care” means medical procedures
  743  that are administered or performed on a routine basis and
  744  include, but are not limited to, inoculations, physical
  745  examinations, remedial treatment for minor illnesses and
  746  injuries, preventive services, medication management, chronic
  747  disease detection and treatment, and other medical procedures
  748  that are administered or performed on a routine basis and do not
  749  involve hospitalization, surgery, the use of general anesthesia,
  750  or the provision of psychotropic medications.
  751         (38)(41) “Parent” means a woman who gives birth to a child
  752  and a man whose consent to the adoption of the child would be
  753  required under s. 63.062(1). If a child has been legally
  754  adopted, the term “parent” means the adoptive mother or father
  755  of the child. The term does not include an individual whose
  756  parental relationship to the child has been legally terminated,
  757  or an alleged or prospective parent, unless the parental status
  758  falls within the terms of either s. 39.503(1) or s. 63.062(1).
  759         (39)(42) “Preliminary screening” means the gathering of
  760  preliminary information to be used in determining a child’s need
  761  for further evaluation or assessment or for referral for other
  762  substance abuse services through means such as psychosocial
  763  interviews; urine and breathalyzer screenings; and reviews of
  764  available educational, delinquency, and dependency records of
  765  the child.
  766         (43) “Preventive services” means social services and other
  767  supportive and rehabilitative services provided to the parent of
  768  the child, the legal guardian of the child, or the custodian of
  769  the child and to the child for the purpose of averting the
  770  removal of the child from the home or disruption of a family
  771  which will or could result in the placement of a child in foster
  772  care. Social services and other supportive and rehabilitative
  773  services shall promote the child’s need for a safe, continuous,
  774  stable living environment and shall promote family autonomy and
  775  shall strengthen family life as the first priority whenever
  776  possible.
  777         (40) “Prevention” means programs, strategies, initiatives,
  778  and networks designed to keep children from making initial or
  779  further contact with the juvenile justice system.
  780         (41)(44) “Probation” means the legal status of probation
  781  created by law and court order in cases involving a child who
  782  has been found to have committed a delinquent act. Probation is
  783  an individualized program in which the freedom of the child is
  784  limited and the child is restricted to noninstitutional quarters
  785  or restricted to the child’s home in lieu of commitment to the
  786  custody of the department. Youth on probation may be assessed
  787  and classified for placement in day-treatment probation programs
  788  designed for youth who represent a minimum risk to themselves
  789  and public safety and do not require placement and services in a
  790  residential setting.
  791         (42)(45) “Relative” means a grandparent, great-grandparent,
  792  sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
  793  niece, or nephew, whether related by the whole or half blood, by
  794  affinity, or by adoption. The term does not include a
  795  stepparent.
  796         (44)(46) “Restrictiveness level” means the level of
  797  programming and security provided by programs that service the
  798  supervision, custody, care, and treatment needs of committed
  799  children. Sections 985.601(10) and 985.721 apply to children
  800  placed in programs at any residential commitment level. The
  801  restrictiveness levels of commitment are as follows:
  802         (a) Minimum-risk nonresidential.—Programs or program models
  803  at this commitment level work with youth who remain in the
  804  community and participate at least 5 days per week in a day
  805  treatment program. Youth assessed and classified for programs at
  806  this commitment level represent a minimum risk to themselves and
  807  public safety and do not require placement and services in
  808  residential settings. Youth in this level have full access to,
  809  and reside in, the community. Youth who have been found to have
  810  committed delinquent acts that involve firearms, that are sexual
  811  offenses, or that would be life felonies or first degree
  812  felonies if committed by an adult may not be committed to a
  813  program at this level.
  814         (b) Low-risk residential.—Programs or program models at
  815  this commitment level are residential but may allow youth to
  816  have unsupervised access to the community. Residential
  817  facilities shall have no more than 165 beds each, including
  818  campus-style programs, unless those campus-style programs
  819  include more than one level of restrictiveness, provide
  820  multilevel education and treatment programs using different
  821  treatment protocols, and have facilities that coexist separately
  822  in distinct locations on the same property. Youth assessed and
  823  classified for placement in programs at this commitment level
  824  represent a low risk to themselves and public safety but do
  825  require placement and services in residential settings. Children
  826  who have been found to have committed delinquent acts that
  827  involve firearms, delinquent acts that are sexual offenses, or
  828  delinquent acts that would be life felonies or first degree
  829  felonies if committed by an adult shall not be committed to a
  830  program at this level.
  831         (b)(c)Nonsecure Moderate-risk residential.—Programs or
  832  program models at this commitment level are residential but may
  833  allow youth to have supervised access to the community.
  834  Facilities at this commitment level are either environmentally
  835  secure, staff secure, or are hardware-secure with walls,
  836  fencing, or locking doors. Residential facilities at this
  837  commitment level shall have no more than 90 165 beds each,
  838  including campus-style programs, unless those campus-style
  839  programs include more than one level of restrictiveness, provide
  840  multilevel education and treatment program programs using
  841  different treatment protocols, and have facilities that coexist
  842  separately in distinct locations on the same property.
  843  Facilities at this commitment level shall provide 24-hour awake
  844  supervision, custody, care, and treatment of residents. Youth
  845  assessed and classified for placement in programs at this
  846  commitment level represent a low or moderate risk to public
  847  safety and require close supervision. The staff at a facility at
  848  this commitment level may seclude a child who is a physical
  849  threat to himself or herself or others. Mechanical restraint may
  850  also be used when necessary.
  851         (c)(d)High-risk residential.—Programs or program models at
  852  this commitment level are residential and do not allow youth to
  853  have access to the community, except that temporary release
  854  providing community access for up to 72 continuous hours may be
  855  approved by a court for a youth who has made successful progress
  856  in his or her program in order for the youth to attend a family
  857  emergency or, during the final 60 days of his or her placement,
  858  to visit his or her home, enroll in school or a career and
  859  technical education vocational program, complete a job
  860  interview, or participate in a community service project. High
  861  risk residential facilities are hardware-secure with perimeter
  862  fencing and locking doors. Residential facilities at this
  863  commitment level shall have no more than 90 165 beds each,
  864  including campus-style programs, unless those campus-style
  865  programs include more than one level of restrictiveness, provide
  866  multilevel education and treatment program programs using
  867  different treatment protocols, and have facilities that coexist
  868  separately in distinct locations on the same property.
  869  Facilities at this commitment level shall provide 24-hour awake
  870  supervision, custody, care, and treatment of residents. Youth
  871  assessed and classified for this level of placement require
  872  close supervision in a structured residential setting. Placement
  873  in programs at this level is prompted by a concern for public
  874  safety that outweighs placement in programs at lower commitment
  875  levels. The staff at a facility at this commitment level may
  876  seclude a child who is a physical threat to himself or herself
  877  or others. Mechanical restraint may also be used when necessary.
  878  The facility may provide for single cell occupancy, except that
  879  youth may be housed together during prerelease transition.
  880         (d)(e)Maximum-risk residential.—Programs or program models
  881  at this commitment level include juvenile correctional
  882  facilities and juvenile prisons. The programs at this commitment
  883  level are long-term residential and do not allow youth to have
  884  access to the community. Facilities at this commitment level are
  885  maximum-custody, hardware-secure with perimeter security fencing
  886  and locking doors. Residential facilities at this commitment
  887  level shall have no more than 90 165 beds each, including
  888  campus-style programs, unless those campus-style programs
  889  include more than one level of restrictiveness, provide
  890  multilevel education and treatment program programs using
  891  different treatment protocols, and have facilities that coexist
  892  separately in distinct locations on the same property.
  893  Facilities at this commitment level shall provide 24-hour awake
  894  supervision, custody, care, and treatment of residents. The
  895  staff at a facility at this commitment level may seclude a child
  896  who is a physical threat to himself or herself or others.
  897  Mechanical restraint may also be used when necessary. Facilities
  898  at this commitment level The facility shall provide for single
  899  cell occupancy, except that youth may be housed together during
  900  prerelease transition. Youth assessed and classified for this
  901  level of placement require close supervision in a maximum
  902  security residential setting. Placement in a program at this
  903  level is prompted by a demonstrated need to protect the public.
  904         (43)(47) “Respite” means a placement that is available for
  905  the care, custody, and placement of a youth charged with
  906  domestic violence as an alternative to secure detention or for
  907  placement of a youth when a shelter bed for a child in need of
  908  services or a family in need of services is unavailable.
  909         (45)(48) “Secure detention center or facility” means a
  910  physically restricting facility for the temporary care of
  911  children, pending adjudication, disposition, or placement.
  912         (46)(49) “Shelter” means a place for the temporary care of
  913  a child who is alleged to be or who has been found to be
  914  delinquent.
  915         (50) “Shelter hearing” means a hearing provided for under
  916  s. 984.14 in family-in-need-of-services cases or child-in-need
  917  of-services cases.
  918         (51) “Staff-secure shelter” means a facility in which a
  919  child is supervised 24 hours a day by staff members who are
  920  awake while on duty. The facility is for the temporary care and
  921  assessment of a child who has been found to be dependent, who
  922  has violated a court order and been found in contempt of court,
  923  or whom the Department of Children and Family Services is unable
  924  to properly assess or place for assistance within the continuum
  925  of services provided for dependent children.
  926         (47)(52) “Substance abuse” means using, without medical
  927  reason, any psychoactive or mood-altering drug, including
  928  alcohol, in such a manner as to induce impairment resulting in
  929  dysfunctional social behavior.
  930         (48)(53) “Taken into custody” means the status of a child
  931  immediately when temporary physical control over the child is
  932  attained by a person authorized by law, pending the child’s
  933  release, detention, placement, or other disposition as
  934  authorized by law.
  935         (49)(54) “Temporary legal custody” means the relationship
  936  that a juvenile court creates between a child and an adult
  937  relative of the child, adult nonrelative approved by the court,
  938  or other person until a more permanent arrangement is ordered.
  939  Temporary legal custody confers upon the custodian the right to
  940  have temporary physical custody of the child and the right and
  941  duty to protect, train, and discipline the child and to provide
  942  the child with food, shelter, and education, and ordinary
  943  medical, dental, psychiatric, and psychological care, unless
  944  these rights and duties are otherwise enlarged or limited by the
  945  court order establishing the temporary legal custody
  946  relationship.
  947         (50)(55) “Temporary release” means the terms and conditions
  948  under which a child is temporarily released from a residential
  949  commitment facility or allowed home visits. If the temporary
  950  release is from a nonsecure moderate-risk residential facility,
  951  a high-risk residential facility, or a maximum-risk residential
  952  facility, the terms and conditions of the temporary release must
  953  be approved by the child, the court, and the facility. The term
  954  includes periods during which the child is supervised pursuant
  955  to a conditional release program or a period during which the
  956  child is supervised by a juvenile probation officer or other
  957  nonresidential staff of the department or staff employed by an
  958  entity under contract with the department.
  959         (51)(56) “Transition-to-adulthood services” means services
  960  that are provided for youth in the custody of the department or
  961  under the supervision of the department and that have the
  962  objective of instilling the knowledge, skills, and aptitudes
  963  essential to a socially integrated, self-supporting adult life.
  964  The services may include, but are not limited to:
  965         (a) Assessment of the youth’s ability and readiness for
  966  adult life.
  967         (b) A plan for the youth to acquire the knowledge,
  968  information, and counseling necessary to make a successful
  969  transition to adulthood.
  970         (c) Services that have proven effective toward achieving
  971  the transition to adulthood.
  972         (52) “Trauma-informed care” means services that are
  973  provided to children with a history of trauma, recognizing the
  974  symptoms of trauma and acknowledging the role that trauma has
  975  played in the child’s life. Trauma may include, but is not
  976  limited to, community and school violence, physical or sexual
  977  abuse, neglect, medical difficulties, and domestic violence.
  978         (53)(57) “Violation of law” or “delinquent act” means a
  979  violation of any law of this state, the United States, or any
  980  other state which is a misdemeanor or a felony or a violation of
  981  a county or municipal ordinance which would be punishable by
  982  incarceration if the violation were committed by an adult.
  983         (54)(58) “Waiver hearing” means a hearing provided for
  984  under s. 985.556(4).
  985         Section 4. Subsections (4) and (5) of section 985.0301,
  986  Florida Statutes, are amended to read:
  987         985.0301 Jurisdiction.—
  988         (4)(a) Petitions alleging delinquency shall be filed in the
  989  county where the delinquent act or violation of law occurred.
  990  The , but the circuit court for that county may transfer the
  991  case to the circuit court of the circuit in which the child
  992  resides or will reside at the time of detention or placement for
  993  dispositional purposes. A child who has been detained may shall
  994  be transferred to the appropriate detention center or facility
  995  in the circuit in which the child resides or will reside at the
  996  time of detention or other placement directed by the receiving
  997  court.
  998         (b) The jurisdiction to be exercised by the court when a
  999  child is taken into custody before the filing of a petition
 1000  under subsection (2) shall be exercised by the circuit court for
 1001  the county in which the child is taken into custody, which court
 1002  shall have personal jurisdiction of the child and the child’s
 1003  parent or legal guardian. Upon the filing of a petition in the
 1004  appropriate circuit court, the court that is exercising initial
 1005  jurisdiction of the person of the child shall, if the child has
 1006  been detained, immediately order the child to be transferred to
 1007  the detention center or facility or other placement as ordered
 1008  by the court having subject matter jurisdiction of the case.
 1009         (5)(a) Notwithstanding s. ss. 743.07, 985.43, 985.433,
 1010  985.435, 985.439, and 985.441, and except as provided in
 1011  paragraph (b) ss. 985.461 and 985.465 and paragraph (f), when
 1012  the jurisdiction of any child who is alleged to have committed a
 1013  delinquent act or violation of law is obtained, the court shall
 1014  retain jurisdiction to dispose a case, unless relinquished by
 1015  its order, until the child reaches 19 years of age, with the
 1016  same power over the child which the court had before the child
 1017  became an adult. For the purposes of s. 985.461, the court may
 1018  retain jurisdiction for an additional 365 days following the
 1019  child’s 19th birthday if the child is participating in
 1020  transition-to-adulthood services. The additional services do not
 1021  extend involuntary court-sanctioned residential commitment and
 1022  therefore require voluntary participation by the affected youth.
 1023         (b) The court shall retain jurisdiction, Notwithstanding
 1024  ss. 743.07 and 985.455(3), the term of any order placing a child
 1025  in a probation program must be until the child’s 19th birthday
 1026  unless relinquished by its own order:
 1027         1. Over a child on probation until the child reaches 19
 1028  years of age he or she is released by the court on the motion of
 1029  an interested party or on his or her own motion.
 1030         2. Over a child committed to the department until the child
 1031  reaches 21 years of age, specifically for the purpose of
 1032  allowing the child to complete the commitment program, including
 1033  conditional release supervision.
 1034         (c) The court shall retain jurisdiction over a juvenile
 1035  sexual offender, as defined in s. 985.475, who has been placed
 1036  on community-based treatment alternative with supervision or who
 1037  has been placed in a program or facility for juvenile sexual
 1038  offenders, pursuant to s. 985.48, until the juvenile sexual
 1039  offender reaches 21 years of age, specifically for the purpose
 1040  of allowing the juvenile to complete the program.
 1041         (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
 1042  the commitment must be until the child is discharged by the
 1043  department or until he or she reaches the age of 21 years.
 1044  Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
 1045  985.455, and 985.513, and except as provided in this section, a
 1046  child may not be held under a commitment from a court under s.
 1047  985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
 1048  21 years of age.
 1049         (d) The court may retain jurisdiction over a child
 1050  committed to the department for placement in a juvenile prison
 1051  or in a high-risk or maximum-risk residential commitment program
 1052  to allow the child to participate in a juvenile conditional
 1053  release program pursuant to s. 985.46. The jurisdiction of the
 1054  court may not be retained after the child’s 22nd birthday.
 1055  However, if the child is not successful in the conditional
 1056  release program, the department may use the transfer procedure
 1057  under s. 985.441(4).
 1058         (e) The court may retain jurisdiction over a child
 1059  committed to the department for placement in an intensive
 1060  residential treatment program for 10-year-old to 13-year-old
 1061  offenders, in the residential commitment program in a juvenile
 1062  prison or in a residential sex offender program until the child
 1063  reaches the age of 21. If the court exercises this jurisdiction
 1064  retention, it shall do so solely for the purpose of the child
 1065  completing the intensive residential treatment program for 10
 1066  year-old to 13-year-old offenders, in the residential commitment
 1067  program in a juvenile prison, or in a residential sex offender
 1068  program. Such jurisdiction retention does not apply for other
 1069  programs, other purposes, or new offenses.
 1070         (f) The court may retain jurisdiction over a child
 1071  committed to a juvenile correctional facility or a juvenile
 1072  prison until the child reaches the age of 21 years, specifically
 1073  for the purpose of allowing the child to complete such program.
 1074         (g) The court may retain jurisdiction over a juvenile
 1075  sexual offender who has been placed in a program or facility for
 1076  juvenile sexual offenders until the juvenile sexual offender
 1077  reaches the age of 21, specifically for the purpose of
 1078  completing the program.
 1079         (d)(h) The court may retain jurisdiction over a child and
 1080  the child’s parent or legal guardian whom the court has ordered
 1081  to pay restitution until the restitution order is satisfied. To
 1082  retain jurisdiction, the court shall enter a restitution order,
 1083  which is separate from any disposition or order of commitment,
 1084  on or prior to the date that the court’s jurisdiction would
 1085  cease under this section. The contents of the restitution order
 1086  shall be limited to the child’s name and address, the name and
 1087  address of the parent or legal guardian, the name and address of
 1088  the payee, the case number, the date and amount of restitution
 1089  ordered, any amount of restitution paid, the amount of
 1090  restitution due and owing, and a notation that costs, interest,
 1091  penalties, and attorney fees may also be due and owing. The
 1092  terms of the restitution order are subject to s. 775.089(5).
 1093         (e)(i) This subsection does not prevent the exercise of
 1094  jurisdiction by any court having jurisdiction of the child if
 1095  the child, after becoming an adult, commits a violation of law.
 1096         Section 5. Subsections (2) and (4) of section 985.037,
 1097  Florida Statutes, are amended to read:
 1098         985.037 Punishment for contempt of court; alternative
 1099  sanctions.—
 1100         (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
 1101  be placed in a secure detention facility for purposes of
 1102  punishment for contempt of court if alternative sanctions are
 1103  unavailable or inappropriate, or if the child has already been
 1104  ordered to serve an alternative sanction but failed to comply
 1105  with the sanction. A delinquent child who has been held in
 1106  direct or indirect contempt may be placed in a secure detention
 1107  facility not to exceed 5 days for a first offense and not to
 1108  exceed 15 days for a second or subsequent offense.
 1109         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 1110  PROCESS.—
 1111         (a) If a child is charged with direct contempt of court,
 1112  including traffic court, the court may impose an authorized
 1113  sanction immediately. The court must hold a hearing to determine
 1114  if the child committed direct contempt. Due process must be
 1115  afforded to the child during this hearing.
 1116         (b) If a child is charged with indirect contempt of court,
 1117  the court must hold a hearing within 24 hours to determine
 1118  whether the child committed indirect contempt of a valid court
 1119  order. At the hearing, the following due process rights must be
 1120  provided to the child:
 1121         1. Right to a copy of the order to show cause alleging
 1122  facts supporting the contempt charge.
 1123         2. Right to an explanation of the nature and the
 1124  consequences of the proceedings.
 1125         3. Right to legal counsel and the right to have legal
 1126  counsel appointed by the court if the juvenile is indigent,
 1127  under s. 985.033.
 1128         4. Right to confront witnesses.
 1129         5. Right to present witnesses.
 1130         6. Right to have a transcript or record of the proceeding.
 1131         7. Right to appeal to an appropriate court.
 1132  
 1133  The child’s parent or guardian may address the court regarding
 1134  the due process rights of the child. Upon motion by the defense
 1135  attorney or state attorney, the court shall review the placement
 1136  of the child every 72 hours to determine whether it is
 1137  appropriate for the child to remain in the facility.
 1138         (c) The court may not order that a child be placed in a
 1139  secure detention facility for punishment for contempt unless the
 1140  court determines that an alternative sanction is inappropriate
 1141  or unavailable or that the child was initially ordered to an
 1142  alternative sanction and did not comply with the alternative
 1143  sanction. The court is encouraged to order a child to perform
 1144  community service, up to the maximum number of hours, where
 1145  appropriate before ordering that the child be placed in a secure
 1146  detention facility as punishment for contempt of court.
 1147         (d) In addition to any other sanction imposed under this
 1148  section, the court may direct the Department of Highway Safety
 1149  and Motor Vehicles to withhold issuance of, or suspend, a
 1150  child’s driver driver’s license or driving privilege. The court
 1151  may order that a child’s driver driver’s license or driving
 1152  privilege be withheld or suspended for up to 1 year for a first
 1153  offense of contempt and up to 2 years for a second or subsequent
 1154  offense. If the child’s driver driver’s license or driving
 1155  privilege is suspended or revoked for any reason at the time the
 1156  sanction for contempt is imposed, the court shall extend the
 1157  period of suspension or revocation by the additional period
 1158  ordered under this paragraph. If the child’s driver driver’s
 1159  license is being withheld at the time the sanction for contempt
 1160  is imposed, the period of suspension or revocation ordered under
 1161  this paragraph shall begin on the date on which the child is
 1162  otherwise eligible to drive.
 1163         Section 6. Paragraph (a) of subsection (1) of section
 1164  985.039, Florida Statutes, is amended to read:
 1165         985.039 Cost of supervision; cost of care.—
 1166         (1) Except as provided in subsection (3) or subsection (4):
 1167         (a) When any child is placed into nonsecure home detention,
 1168  probation, or other supervision status with the department, or
 1169  is committed to the minimum-risk nonresidential restrictiveness
 1170  level, the court shall order the parent of such child to pay to
 1171  the department a fee for the cost of the supervision of such
 1172  child in the amount of $1 per day for each day that the child is
 1173  in such status.
 1174         Section 7. Subsection (5) of section 985.045, Florida
 1175  Statutes, is amended to read:
 1176         985.045 Court records.—
 1177         (5) This chapter does not prohibit a circuit court from
 1178  providing a restitution order containing the information
 1179  prescribed in s. 985.0301(5)(d) 985.0301(5)(h) to a collection
 1180  court or a private collection agency for the sole purpose of
 1181  collecting unpaid restitution ordered in a case in which the
 1182  circuit court has retained jurisdiction over the child and the
 1183  child’s parent or legal guardian. The collection court or
 1184  private collection agency shall maintain the confidential status
 1185  of the information to the extent such confidentiality is
 1186  provided by law.
 1187         Section 8. Paragraph (d) of subsection (1) and subsection
 1188  (3) of section 985.101, Florida Statutes, are amended to read:
 1189         985.101 Taking a child into custody.—
 1190         (1) A child may be taken into custody under the following
 1191  circumstances:
 1192         (d) By a law enforcement officer who has probable cause to
 1193  believe that the child is in violation of the conditions of the
 1194  child’s probation, nonsecure home detention, postcommitment
 1195  probation, or conditional release supervision; has absconded
 1196  from nonresidential commitment; or has escaped from residential
 1197  commitment.
 1198  
 1199  Nothing in this subsection shall be construed to allow the
 1200  detention of a child who does not meet the detention criteria in
 1201  part V.
 1202         (3) When a child is taken into custody as provided in this
 1203  section, the person taking the child into custody shall attempt
 1204  to notify the parent, guardian, or legal custodian of the child.
 1205  The person taking the child into custody shall continue such
 1206  attempt until the parent, guardian, or legal custodian of the
 1207  child is notified or the child is delivered to the department a
 1208  juvenile probation officer under ss. 985.14 and 985.145,
 1209  whichever occurs first. If the child is delivered to the
 1210  department a juvenile probation officer before the parent,
 1211  guardian, or legal custodian is notified, the department
 1212  juvenile probation officer shall continue the attempt to notify
 1213  until the parent, guardian, or legal custodian of the child is
 1214  notified. Following notification, the parent or guardian must
 1215  provide identifying information, including name, address, date
 1216  of birth, social security number, and driver driver’s license
 1217  number or identification card number of the parent or guardian
 1218  to the person taking the child into custody or the department
 1219  juvenile probation officer.
 1220         Section 9. Section 985.105, Florida Statutes, is repealed.
 1221         Section 10. Paragraph (b) of subsection (1) of section
 1222  985.11, Florida Statutes, is amended to read:
 1223         985.11 Fingerprinting and photographing.—
 1224         (1)
 1225         (b) Unless the child is issued a civil citation or is
 1226  participating in a similar diversion program pursuant to s.
 1227  985.12, a child who is charged with or found to have committed
 1228  one of the following offenses shall be fingerprinted, and the
 1229  fingerprints shall be submitted to the Department of Law
 1230  Enforcement as provided in s. 943.051(3)(b):
 1231         1. Assault, as defined in s. 784.011.
 1232         2. Battery, as defined in s. 784.03.
 1233         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1234         4. Unlawful use of destructive devices or bombs, as defined
 1235  in s. 790.1615(1).
 1236         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1237         6. Assault on a law enforcement officer, a firefighter, or
 1238  other specified officers, as defined in s. 784.07(2)(a).
 1239         7. Open carrying of a weapon, as defined in s. 790.053.
 1240         8. Exposure of sexual organs, as defined in s. 800.03.
 1241         9. Unlawful possession of a firearm, as defined in s.
 1242  790.22(5).
 1243         10. Petit theft, as defined in s. 812.014.
 1244         11. Cruelty to animals, as defined in s. 828.12(1).
 1245         12. Arson, resulting in bodily harm to a firefighter, as
 1246  defined in s. 806.031(1).
 1247         13. Unlawful possession or discharge of a weapon or firearm
 1248  at a school-sponsored event or on school property as defined in
 1249  s. 790.115.
 1250  
 1251  A law enforcement agency may fingerprint and photograph a child
 1252  taken into custody upon probable cause that such child has
 1253  committed any other violation of law, as the agency deems
 1254  appropriate. Such fingerprint records and photographs shall be
 1255  retained by the law enforcement agency in a separate file, and
 1256  these records and all copies thereof must be marked “Juvenile
 1257  Confidential.” These records are not available for public
 1258  disclosure and inspection under s. 119.07(1) except as provided
 1259  in ss. 943.053 and 985.04(2), but shall be available to other
 1260  law enforcement agencies, criminal justice agencies, state
 1261  attorneys, the courts, the child, the parents or legal
 1262  custodians of the child, their attorneys, and any other person
 1263  authorized by the court to have access to such records. In
 1264  addition, such records may be submitted to the Department of Law
 1265  Enforcement for inclusion in the state criminal history records
 1266  and used by criminal justice agencies for criminal justice
 1267  purposes. These records may, in the discretion of the court, be
 1268  open to inspection by anyone upon a showing of cause. The
 1269  fingerprint and photograph records shall be produced in the
 1270  court whenever directed by the court. Any photograph taken
 1271  pursuant to this section may be shown by a law enforcement
 1272  officer to any victim or witness of a crime for the purpose of
 1273  identifying the person who committed such crime.
 1274         Section 11. Subsection (2) of section 985.14, Florida
 1275  Statutes, is amended to read:
 1276         985.14 Intake and case management system.—
 1277         (2) The intake process shall be performed by the department
 1278  or juvenile assessment center personnel through a case
 1279  management system. The purpose of the intake process is to
 1280  assess the child’s needs and risks and to determine the most
 1281  appropriate treatment plan and setting for the child’s
 1282  programmatic needs and risks. The intake process shall consist
 1283  of a preliminary screening and may be followed by a
 1284  comprehensive assessment. The comprehensive assessment may
 1285  consist of a full mental health, cognitive impairment, substance
 1286  abuse, or psychosexual evaluation. The intake process shall
 1287  result in choosing the most appropriate services through a
 1288  balancing of the interests and needs of the child with those of
 1289  the family and the community public. The department juvenile
 1290  probation officer shall be responsible for making informed
 1291  decisions and recommendations to other agencies, the state
 1292  attorney, and the courts so that the child and family may
 1293  receive the least intrusive service alternative throughout the
 1294  judicial process. The department shall establish uniform
 1295  procedures for the department juvenile probation officer to
 1296  provide a preliminary screening of the child and family for
 1297  substance abuse and mental health services prior to the filing
 1298  of a petition or as soon as possible thereafter and prior to a
 1299  disposition hearing.
 1300         Section 12. Section 985.145, Florida Statutes, is amended
 1301  to read:
 1302         985.145 Responsibilities of the department juvenile
 1303  probation officer during intake; screenings and assessments.—
 1304         (1) The department juvenile probation officer shall serve
 1305  as the primary case manager for the purpose of managing,
 1306  coordinating, and monitoring the services provided to the child.
 1307  Each program administrator within the Department of Children and
 1308  Families Family Services shall cooperate with the primary case
 1309  manager in carrying out the duties and responsibilities
 1310  described in this section. In addition to duties specified in
 1311  other sections and through departmental rules, the department
 1312  assigned juvenile probation officer shall be responsible for the
 1313  following:
 1314         (a) Reviewing probable cause affidavit.—The department
 1315  juvenile probation officer shall make a preliminary
 1316  determination as to whether the report, affidavit, or complaint
 1317  is complete, consulting with the state attorney as may be
 1318  necessary. A report, affidavit, or complaint alleging that a
 1319  child has committed a delinquent act or violation of law shall
 1320  be made to the intake office operating in the county in which
 1321  the child is found or in which the delinquent act or violation
 1322  of law occurred. Any person or agency having knowledge of the
 1323  facts may make such a written report, affidavit, or complaint
 1324  and shall furnish to the intake office facts sufficient to
 1325  establish the jurisdiction of the court and to support a finding
 1326  by the court that the child has committed a delinquent act or
 1327  violation of law.
 1328         (b) Notification concerning apparent insufficiencies in
 1329  probable cause affidavit.—In any case where the department
 1330  juvenile probation officer or the state attorney finds that the
 1331  report, affidavit, or complaint is insufficient by the standards
 1332  for a probable cause affidavit, the department juvenile
 1333  probation officer or state attorney shall return the report,
 1334  affidavit, or complaint, without delay, to the person or agency
 1335  originating the report, affidavit, or complaint or having
 1336  knowledge of the facts or to the appropriate law enforcement
 1337  agency having investigative jurisdiction of the offense, and
 1338  shall request, and the person or agency shall promptly furnish,
 1339  additional information in order to comply with the standards for
 1340  a probable cause affidavit.
 1341         (c) Screening.—During the intake process, the department
 1342  juvenile probation officer shall screen each child or shall
 1343  cause each child to be screened in order to determine:
 1344         1. Appropriateness for release; referral to a diversionary
 1345  program, including, but not limited to, a teen court program;
 1346  referral for community arbitration; or referral to some other
 1347  program or agency for the purpose of nonofficial or nonjudicial
 1348  handling.
 1349         2. The presence of medical, psychiatric, psychological,
 1350  substance abuse, educational, or career and technical education
 1351  vocational problems, or other conditions that may have caused
 1352  the child to come to the attention of law enforcement or the
 1353  department. The child shall also be screened to determine
 1354  whether the child poses a danger to himself or herself or others
 1355  in the community. The results of this screening shall be made
 1356  available to the court and to court officers. In cases where
 1357  such conditions are identified and a nonjudicial handling of the
 1358  case is chosen, the department juvenile probation officer shall
 1359  attempt to refer the child to a program or agency, together with
 1360  all available and relevant assessment information concerning the
 1361  child’s precipitating condition.
 1362         (d) Completing risk assessment instrument.—The department
 1363  juvenile probation officer shall ensure that a risk assessment
 1364  instrument establishing the child’s eligibility for detention
 1365  has been accurately completed and that the appropriate
 1366  recommendation was made to the court.
 1367         (e) Rights.—The department juvenile probation officer shall
 1368  inquire as to whether the child understands his or her rights to
 1369  counsel and against self-incrimination.
 1370         (f) Multidisciplinary assessment.—The department juvenile
 1371  probation officer shall coordinate the multidisciplinary
 1372  assessment when required, which includes the classification and
 1373  placement process that determines the child’s priority needs,
 1374  risk classification, and treatment plan. When sufficient
 1375  evidence exists to warrant a comprehensive assessment and the
 1376  child fails to voluntarily participate in the assessment
 1377  efforts, the department juvenile probation officer shall inform
 1378  the court of the need for the assessment and the refusal of the
 1379  child to participate in such assessment. This assessment,
 1380  classification, and placement process shall develop into the
 1381  predisposition report.
 1382         (g) Comprehensive assessment.—The department juvenile
 1383  probation officer, pursuant to uniform procedures established by
 1384  the department and upon determining that the report, affidavit,
 1385  or complaint is complete, shall:
 1386         1. Perform the preliminary screening and make referrals for
 1387  a comprehensive assessment regarding the child’s need for
 1388  substance abuse treatment services, mental health services,
 1389  intellectual disability services, literacy services, or other
 1390  educational or treatment services.
 1391         2. If indicated by the preliminary screening, provide for a
 1392  comprehensive assessment of the child and family for substance
 1393  abuse problems, using community-based licensed programs with
 1394  clinical expertise and experience in the assessment of substance
 1395  abuse problems.
 1396         3. If indicated by the preliminary screening, provide for a
 1397  comprehensive assessment of the child and family for mental
 1398  health problems, using community-based psychologists,
 1399  psychiatrists, or other licensed mental health professionals who
 1400  have clinical expertise and experience in the assessment of
 1401  mental health problems.
 1402         (h) Referrals for services.—The department juvenile
 1403  probation officer shall make recommendations for services and
 1404  facilitate the delivery of those services to the child,
 1405  including any mental health services, educational services,
 1406  family counseling services, family assistance services, and
 1407  substance abuse services.
 1408         (i) Recommendation concerning a petition.—Upon determining
 1409  that the report, affidavit, or complaint complies with the
 1410  standards of a probable cause affidavit and that the interests
 1411  of the child and the public will be best served, the department
 1412  juvenile probation officer may recommend that a delinquency
 1413  petition not be filed. If such a recommendation is made, the
 1414  department juvenile probation officer shall advise in writing
 1415  the person or agency making the report, affidavit, or complaint,
 1416  the victim, if any, and the law enforcement agency having
 1417  investigative jurisdiction over the offense of the
 1418  recommendation; the reasons therefor; and that the person or
 1419  agency may submit, within 10 days after the receipt of such
 1420  notice, the report, affidavit, or complaint to the state
 1421  attorney for special review. The state attorney, upon receiving
 1422  a request for special review, shall consider the facts presented
 1423  by the report, affidavit, or complaint, and by the department
 1424  juvenile probation officer who made the recommendation that no
 1425  petition be filed, before making a final decision as to whether
 1426  a petition or information should or should not be filed.
 1427         (j) Completing intake report.—Subject to the interagency
 1428  agreement authorized under this paragraph, the department the
 1429  juvenile probation officer for each case in which a child is
 1430  alleged to have committed a violation of law or delinquent act
 1431  and is not detained shall submit a written report to the state
 1432  attorney for each case in which a child is alleged to have
 1433  committed a violation of law or delinquent act and is not
 1434  detained. The report shall be submitted within 20 days after the
 1435  date the child is taken into custody and include ,including the
 1436  original police report, complaint, or affidavit, or a copy
 1437  thereof, and including a copy of the child’s prior juvenile
 1438  record, within 20 days after the date the child is taken into
 1439  custody. In cases in which the child is in detention, the intake
 1440  office report must be submitted within 24 hours after the child
 1441  is placed into detention. The intake office report may include a
 1442  recommendation that a petition or information be filed or that
 1443  no petition or information be filed and may set forth reasons
 1444  for the recommendation. The state attorney and the department
 1445  may, on a district-by-district basis, enter into interagency
 1446  agreements denoting the cases that will require a recommendation
 1447  and those for which a recommendation is unnecessary.
 1448         (2) Prior to requesting that a delinquency petition be
 1449  filed or prior to filing a dependency petition, the department
 1450  juvenile probation officer may request the parent or legal
 1451  guardian of the child to attend a course of instruction in
 1452  parenting skills, training in conflict resolution, and the
 1453  practice of nonviolence; to accept counseling; or to receive
 1454  other assistance from any agency in the community which notifies
 1455  the clerk of the court of the availability of its services.
 1456  Where appropriate, the department juvenile probation officer
 1457  shall request both parents or guardians to receive such parental
 1458  assistance. The department juvenile probation officer may, in
 1459  determining whether to request that a delinquency petition be
 1460  filed, take into consideration the willingness of the parent or
 1461  legal guardian to comply with such request. The parent or
 1462  guardian must provide the department juvenile probation officer
 1463  with identifying information, including the parent’s or
 1464  guardian’s name, address, date of birth, social security number,
 1465  and driver driver’s license number or identification card number
 1466  in order to comply with s. 985.039.
 1467         (3) When indicated by the comprehensive assessment, the
 1468  department is authorized to contract within appropriated funds
 1469  for services with a local nonprofit community mental health or
 1470  substance abuse agency licensed or authorized under chapter 394
 1471  or chapter 397 or other authorized nonprofit social service
 1472  agency providing related services. The determination of mental
 1473  health or substance abuse services shall be conducted in
 1474  coordination with existing programs providing mental health or
 1475  substance abuse services in conjunction with the intake office.
 1476         (4) Client information resulting from the screening and
 1477  evaluation shall be documented under rules of the department and
 1478  shall serve to assist the department juvenile probation officer
 1479  in providing the most appropriate services and recommendations
 1480  in the least intrusive manner. Such client information shall be
 1481  used in the multidisciplinary assessment and classification of
 1482  the child, but such information, and any information obtained
 1483  directly or indirectly through the assessment process, is
 1484  inadmissible in court prior to the disposition hearing, unless
 1485  the child’s written consent is obtained. At the disposition
 1486  hearing, documented client information shall serve to assist the
 1487  court in making the most appropriate custody, adjudicatory, and
 1488  dispositional decision.
 1489         (5) If the screening and assessment indicate that the
 1490  interests of the child and the public will be best served, the
 1491  department juvenile probation officer, with the approval of the
 1492  state attorney, may refer the child for care, diagnostic, and
 1493  evaluation services; substance abuse treatment services; mental
 1494  health services; intellectual disability services; a
 1495  diversionary, arbitration, or mediation program; community
 1496  service work; or other programs or treatment services
 1497  voluntarily accepted by the child and the child’s parents or
 1498  legal guardian. If a child volunteers to participate in any work
 1499  program under this chapter or volunteers to work in a specified
 1500  state, county, municipal, or community service organization
 1501  supervised work program or to work for the victim, the child is
 1502  considered an employee of the state for the purposes of
 1503  liability. In determining the child’s average weekly wage,
 1504  unless otherwise determined by a specific funding program, all
 1505  remuneration received from the employer is considered a
 1506  gratuity, and the child is not entitled to any benefits
 1507  otherwise payable under s. 440.15 regardless of whether the
 1508  child may be receiving wages and remuneration from other
 1509  employment with another employer and regardless of the child’s
 1510  future wage-earning capacity.
 1511         (6) The victim, if any, and the law enforcement agency that
 1512  investigated the offense shall be notified immediately by the
 1513  state attorney of the action taken under subsection (5).
 1514         Section 13. Section 985.17, Florida Statutes, is created to
 1515  read:
 1516         985.17 Prevention services.—
 1517         (1) The Legislature finds that prevention services decrease
 1518  recidivism by addressing the needs of at-risk youth and their
 1519  families, preventing further involvement of such youth in the
 1520  juvenile justice system, protecting the safety of the public,
 1521  and facilitating successful reentry of at-risk youth into the
 1522  community. To assist with decreasing recidivism, the
 1523  department’s prevention services shall strengthen protective
 1524  factors and reduce risk factors using tested and effective
 1525  approaches.
 1526         (2) A goal of the department’s prevention services shall be
 1527  to develop the capacity for local communities to serve their
 1528  youth.
 1529         (a) The department shall engage faith and community-based
 1530  organizations to provide a full range of voluntary programs and
 1531  services to prevent and reduce juvenile delinquency, including,
 1532  but not limited to, chaplaincy services, crisis intervention
 1533  counseling, mentoring, and tutoring.
 1534         (b) The department shall establish volunteer coordinators
 1535  in each circuit and encourage the recruitment of volunteers to
 1536  serve as mentors for youth in department services.
 1537         (c) The department shall promote the sale of the Invest in
 1538  Children license plate to help fund programs and services to
 1539  prevent juvenile delinquency. The department shall allocate
 1540  money for programs and services within each county based on that
 1541  county’s proportionate share of the license plate annual use
 1542  fees collected by the county.
 1543         (3) The department’s prevention services for youth at risk
 1544  of becoming delinquent should:
 1545         (a) Focus on preventing initial or further involvement of
 1546  such youth in the juvenile justice system by including services
 1547  such as literacy services, gender-specific programming,
 1548  recreational services, and after-school services, and should
 1549  include targeted services to troubled, truant, ungovernable,
 1550  abused, trafficked, or runaway youth. To decrease the likelihood
 1551  that a youth will commit a delinquent act, the department should
 1552  use mentoring and may provide specialized services addressing
 1553  the strengthening of families, job training, and substance
 1554  abuse.
 1555         (b) Address the multiple needs of such youth in order to
 1556  decrease the prevalence of disproportionate minority
 1557  representation in the juvenile justice system.
 1558         (4) The department shall expend funds related to the
 1559  prevention services in a manner consistent with the policies
 1560  expressed in ss. 984.02 and 985.01 and in a manner that
 1561  maximizes accountability to the public and ensures the
 1562  documentation of outcomes.
 1563         (a) As a condition of receipt of state funds, all entities
 1564  that receive or use state moneys to fund prevention services
 1565  through contracts with the department or grants from any entity
 1566  dispersed by the department shall:
 1567         1. Design the programs providing such services to further
 1568  one or more of the following strategies:
 1569         a. Encouraging youth to attend and succeed in school, which
 1570  may include special assistance and tutoring to address
 1571  deficiencies in academic performance and collecting outcome data
 1572  to reveal the number of days youth attended school while
 1573  participating in the program.
 1574         b. Engaging youth in productive and wholesome activities
 1575  during nonschool hours that build positive character, instill
 1576  positive values, and enhance educational experiences.
 1577         c. Encouraging youth to avoid the use of violence.
 1578         d. Assisting youth in acquiring the skills needed to find
 1579  meaningful employment, which may include assisting the youth in
 1580  finding a suitable employer.
 1581         2. Provide the department with demographic information,
 1582  dates of services, and types of interventions received by each
 1583  youth.
 1584         (b) The department shall monitor output and outcome
 1585  measures for each program strategy in paragraph (a) and annually
 1586  report the outputs and outcomes in the Comprehensive
 1587  Accountability Report as provided in s. 985.632.
 1588         (c) The department shall monitor all state-funded programs
 1589  that receive or use state moneys to fund the prevention services
 1590  through contracts or grants with the department for compliance
 1591  with all provisions in the contracts and grants.
 1592         Section 14. Section 985.24, Florida Statutes, is amended to
 1593  read:
 1594         985.24 Use of detention; prohibitions.—
 1595         (1) All determinations and court orders regarding the use
 1596  of secure, nonsecure, or home detention care shall be based
 1597  primarily upon findings that the child:
 1598         (a) Presents a substantial risk of not appearing at a
 1599  subsequent hearing;
 1600         (b) Presents a substantial risk of inflicting bodily harm
 1601  on others as evidenced by recent behavior, including the illegal
 1602  possession of a firearm;
 1603         (c) Presents a history of committing a property offense
 1604  prior to adjudication, disposition, or placement;
 1605         (d) Has committed contempt of court by:
 1606         1. Intentionally disrupting the administration of the
 1607  court;
 1608         2. Intentionally disobeying a court order; or
 1609         3. Engaging in a punishable act or speech in the court’s
 1610  presence which shows disrespect for the authority and dignity of
 1611  the court; or
 1612         (e) Requests protection from imminent bodily harm.
 1613         (2) A child alleged to have committed a delinquent act or
 1614  violation of law may not be placed into secure or, nonsecure, or
 1615  home detention care for any of the following reasons:
 1616         (a) To allow a parent to avoid his or her legal
 1617  responsibility.
 1618         (b) To permit more convenient administrative access to the
 1619  child.
 1620         (c) To facilitate further interrogation or investigation.
 1621         (d) Due to a lack of more appropriate facilities.
 1622         (3) A child alleged to be dependent under chapter 39 may
 1623  not, under any circumstances, be placed into secure detention
 1624  care.
 1625         (4) The department may, within its existing resources,
 1626  develop nonsecure, nonresidential evening reporting centers as
 1627  an alternative to placing a child in secure detention. Evening
 1628  reporting centers may be collocated with a juvenile assessment
 1629  center. If established, evening reporting centers shall serve
 1630  children and families who are awaiting a child’s court hearing
 1631  and, at a minimum, operate during the afternoon and evening
 1632  hours to provide a highly structured program of supervision.
 1633  Evening reporting centers may also provide academic tutoring,
 1634  counseling, family engagement programs, and other activities.
 1635         (5)(4) The department shall continue to identify
 1636  alternatives to secure detention care and shall develop such
 1637  alternatives and annually submit them to the Legislature for
 1638  authorization and appropriation.
 1639         Section 15. Paragraph (b) of subsection (2) and subsection
 1640  (4) of section 985.245, Florida Statutes, are amended to read:
 1641         985.245 Risk assessment instrument.—
 1642         (2)
 1643         (b) The risk assessment instrument shall take into
 1644  consideration, but need not be limited to, prior history of
 1645  failure to appear, prior offenses, offenses committed pending
 1646  adjudication, any unlawful possession of a firearm, theft of a
 1647  motor vehicle or possession of a stolen motor vehicle, and
 1648  probation status at the time the child is taken into custody.
 1649  The risk assessment instrument shall also take into
 1650  consideration appropriate aggravating and mitigating
 1651  circumstances, and shall be designed to target a narrower
 1652  population of children than s. 985.255. The risk assessment
 1653  instrument shall also include any information concerning the
 1654  child’s history of abuse and neglect. The risk assessment shall
 1655  indicate whether detention care is warranted, and, if detention
 1656  care is warranted, whether the child should be placed into
 1657  secure or, nonsecure, or home detention care.
 1658         (4) For a child who is under the supervision of the
 1659  department through probation, home detention, nonsecure
 1660  detention, conditional release, postcommitment probation, or
 1661  commitment and who is charged with committing a new offense, the
 1662  risk assessment instrument may be completed and scored based on
 1663  the underlying charge for which the child was placed under the
 1664  supervision of the department and the new offense.
 1665         Section 16. Subsection (1) of section 985.25, Florida
 1666  Statutes, is amended to read:
 1667         985.25 Detention intake.—
 1668         (1) The department juvenile probation officer shall receive
 1669  custody of a child who has been taken into custody from the law
 1670  enforcement agency or court and shall review the facts in the
 1671  law enforcement report or probable cause affidavit and make such
 1672  further inquiry as may be necessary to determine whether
 1673  detention care is appropriate required.
 1674         (a) During the period of time from the taking of the child
 1675  into custody to the date of the detention hearing, the initial
 1676  decision as to the child’s placement into secure detention care,
 1677  or nonsecure detention care, or home detention care shall be
 1678  made by the department juvenile probation officer under ss.
 1679  985.24 and 985.245(1).
 1680         (b) The department juvenile probation officer shall base
 1681  the decision whether or not to place the child into secure
 1682  detention care, home detention care, or nonsecure detention care
 1683  on an assessment of risk in accordance with the risk assessment
 1684  instrument and procedures developed by the department under s.
 1685  985.245. However, a child charged with possessing or discharging
 1686  a firearm on school property in violation of s. 790.115 shall be
 1687  placed in secure detention care. A child who has been taken into
 1688  custody on three or more separate occasions within a 60-day
 1689  period shall be placed in secure detention care until the
 1690  child’s detention hearing.
 1691         (c) If the final score on the child’s risk assessment
 1692  instrument indicates juvenile probation officer determines that
 1693  a child who is eligible for detention care is appropriate, but
 1694  the department otherwise determines the child based upon the
 1695  results of the risk assessment instrument should be released,
 1696  the department juvenile probation officer shall contact the
 1697  state attorney, who may authorize release.
 1698         (d) If the final score on the risk assessment instrument
 1699  indicates detention is not appropriate authorized, the child may
 1700  be released by the department juvenile probation officer in
 1701  accordance with ss. 985.115 and 985.13.
 1702  
 1703  Under no circumstances shall the department juvenile probation
 1704  officer or the state attorney or law enforcement officer
 1705  authorize the detention of any child in a jail or other facility
 1706  intended or used for the detention of adults, without an order
 1707  of the court.
 1708         Section 17. Subsections (1) and (2) and paragraphs (a) and
 1709  (c) of subsection (3) of section 985.255, Florida Statutes, are
 1710  amended to read:
 1711         985.255 Detention criteria; detention hearing.—
 1712         (1)Subject to s. 985.25(1), a child taken into custody and
 1713  placed into secure or nonsecure or home detention care shall be
 1714  given a hearing within 24 hours after being taken into custody.
 1715  At the hearing, the court may order continued detention or
 1716  detained in secure detention care prior to a detention hearing
 1717  may continue to be detained by the court if:
 1718         (a) The child is alleged to be an escapee from a
 1719  residential commitment program; or an absconder from a
 1720  nonresidential commitment program, a probation program, or
 1721  conditional release supervision; or is alleged to have escaped
 1722  while being lawfully transported to or from a residential
 1723  commitment program.
 1724         (b) The child is wanted in another jurisdiction for an
 1725  offense which, if committed by an adult, would be a felony.
 1726         (c) The child is charged with a delinquent act or violation
 1727  of law and requests in writing through legal counsel to be
 1728  detained for protection from an imminent physical threat to his
 1729  or her personal safety.
 1730         (d) The child is charged with committing an offense of
 1731  domestic violence as defined in s. 741.28 and is detained as
 1732  provided in subsection (2).
 1733         (e) The child is charged with possession of or discharging
 1734  a firearm on school property in violation of s. 790.115 or the
 1735  illegal possession of a firearm.
 1736         (f) The child is charged with a capital felony, a life
 1737  felony, a felony of the first degree, a felony of the second
 1738  degree that does not involve a violation of chapter 893, or a
 1739  felony of the third degree that is also a crime of violence,
 1740  including any such offense involving the use or possession of a
 1741  firearm.
 1742         (g) The child is charged with any second degree or third
 1743  degree felony involving a violation of chapter 893 or any third
 1744  degree felony that is not also a crime of violence, and the
 1745  child:
 1746         1. Has a record of failure to appear at court hearings
 1747  after being properly notified in accordance with the Rules of
 1748  Juvenile Procedure;
 1749         2. Has a record of law violations prior to court hearings;
 1750         3. Has already been detained or has been released and is
 1751  awaiting final disposition of the case;
 1752         4. Has a record of violent conduct resulting in physical
 1753  injury to others; or
 1754         5. Is found to have been in possession of a firearm.
 1755         (h) The child is alleged to have violated the conditions of
 1756  the child’s probation or conditional release supervision.
 1757  However, a child detained under this paragraph may be held only
 1758  in a consequence unit as provided in s. 985.439. If a
 1759  consequence unit is not available, the child shall be placed on
 1760  nonsecure home detention with electronic monitoring.
 1761         (i) The child is detained on a judicial order for failure
 1762  to appear and has previously willfully failed to appear, after
 1763  proper notice:,
 1764         1. For an adjudicatory hearing on the same case regardless
 1765  of the results of the risk assessment instrument; or
 1766         2. At two or more court hearings of any nature on the same
 1767  case regardless of the results of the risk assessment
 1768  instrument.
 1769  
 1770  A child may be held in secure detention for up to 72 hours in
 1771  advance of the next scheduled court hearing pursuant to this
 1772  paragraph. The child’s failure to keep the clerk of court and
 1773  defense counsel informed of a current and valid mailing address
 1774  where the child will receive notice to appear at court
 1775  proceedings does not provide an adequate ground for excusal of
 1776  the child’s nonappearance at the hearings.
 1777         (j) The child is detained on a judicial order for failure
 1778  to appear and has previously willfully failed to appear, after
 1779  proper notice, at two or more court hearings of any nature on
 1780  the same case regardless of the results of the risk assessment
 1781  instrument. A child may be held in secure detention for up to 72
 1782  hours in advance of the next scheduled court hearing pursuant to
 1783  this paragraph. The child’s failure to keep the clerk of court
 1784  and defense counsel informed of a current and valid mailing
 1785  address where the child will receive notice to appear at court
 1786  proceedings does not provide an adequate ground for excusal of
 1787  the child’s nonappearance at the hearings.
 1788         (2) A child who is charged with committing an offense that
 1789  is classified as an act of domestic violence as defined in s.
 1790  741.28 and whose risk assessment instrument indicates secure
 1791  detention is not appropriate who does not meet detention
 1792  criteria may be held in secure detention if the court makes
 1793  specific written findings that:
 1794         (a) Respite care for the child is not available; or.
 1795         (b) It is necessary to place the child in secure detention
 1796  in order to protect the victim from injury.
 1797  
 1798  The child may not be held in secure detention under this
 1799  subsection for more than 48 hours unless ordered by the court.
 1800  After 48 hours, the court shall hold a hearing if the state
 1801  attorney or victim requests that secure detention be continued.
 1802  The child may continue to be held in detention care if the court
 1803  makes a specific, written finding that respite care is
 1804  unavailable or it detention care is necessary to protect the
 1805  victim from injury. However, the child may not be held in
 1806  detention care beyond the time limits set forth in this section
 1807  or s. 985.26.
 1808         (3)(a) A child who meets any of the criteria in subsection
 1809  (1) and who is ordered to be detained under that subsection
 1810  shall be given a hearing within 24 hours after being taken into
 1811  custody. The purpose of the detention hearing required under
 1812  subsection (1) is to determine the existence of probable cause
 1813  that the child has committed the delinquent act or violation of
 1814  law that he or she is charged with and the need for continued
 1815  detention. Unless a child is detained under paragraph (1)(d) or
 1816  paragraph (1)(e), the court shall use the results of the risk
 1817  assessment performed by the department juvenile probation
 1818  officer and, based on the criteria in subsection (1), shall
 1819  determine the need for continued detention. A child placed into
 1820  secure, nonsecure, or home detention care may continue to be so
 1821  detained by the court.
 1822         (c) Except as provided in s. 790.22(8) or in s. 985.27,
 1823  when a child is placed into secure or nonsecure detention care,
 1824  or into a respite home or other placement pursuant to a court
 1825  order following a hearing, the court order must include specific
 1826  instructions that direct the release of the child from such
 1827  placement no later than 5 p.m. on the last day of the detention
 1828  period specified in s. 985.26 or s. 985.27, whichever is
 1829  applicable, unless the requirements of such applicable provision
 1830  have been met or an order of continuance has been granted under
 1831  s. 985.26(4). If the court order does not include a release
 1832  date, the release date shall be requested from the court on the
 1833  same date that the child is placed in detention care. If a
 1834  subsequent hearing is needed to provide additional information
 1835  to the court for safety planning, the initial order placing the
 1836  child in detention care shall reflect the next detention review
 1837  hearing, which shall be held within 3 calendar days after the
 1838  child’s initial detention placement.
 1839         Section 18. Subsections (1), (2), and (3) of section
 1840  985.26, Florida Statutes, are amended to read:
 1841         985.26 Length of detention.—
 1842         (1) A child may not be placed into or held in secure or,
 1843  nonsecure, or home detention care for longer than 24 hours
 1844  unless the court orders such detention care, and the order
 1845  includes specific instructions that direct the release of the
 1846  child from such detention care, in accordance with s. 985.255.
 1847  The order shall be a final order, reviewable by appeal under s.
 1848  985.534 and the Florida Rules of Appellate Procedure. Appeals of
 1849  such orders shall take precedence over other appeals and other
 1850  pending matters.
 1851         (2) A child may not be held in secure or, nonsecure, or
 1852  home detention care under a special detention order for more
 1853  than 21 days unless an adjudicatory hearing for the case has
 1854  been commenced in good faith by the court. However, upon good
 1855  cause being shown that the nature of the charge requires
 1856  additional time for the prosecution or defense of the case, the
 1857  court may extend the length of detention for an additional 9
 1858  days if the child is charged with an offense that would be, if
 1859  committed by an adult, a capital felony, a life felony, a felony
 1860  of the first degree, or a felony of the second degree involving
 1861  violence against any individual.
 1862         (3) Except as provided in subsection (2), a child may not
 1863  be held in secure or, nonsecure, or home detention care for more
 1864  than 15 days following the entry of an order of adjudication.
 1865         Section 19. Section 985.265, Florida Statutes, is amended
 1866  to read:
 1867         985.265 Detention transfer and release; education; adult
 1868  jails.—
 1869         (1) If a child is detained under this part, the department
 1870  may transfer the child from nonsecure or home detention care to
 1871  secure detention care only if significantly changed
 1872  circumstances warrant such transfer.
 1873         (2) If a child is on release status and not detained under
 1874  this part, the child may be placed into secure or, nonsecure, or
 1875  home detention care only pursuant to a court hearing in which
 1876  the original risk assessment instrument and the, rescored based
 1877  on newly discovered evidence or changed circumstances are
 1878  introduced into evidence with a rescored risk assessment
 1879  instrument with the results recommending detention, is
 1880  introduced into evidence.
 1881         (3)(a) When a juvenile sexual offender is placed in
 1882  detention, detention staff shall provide appropriate monitoring
 1883  and supervision to ensure the safety of other children in the
 1884  facility.
 1885         (b) When a juvenile sexual offender, under this subsection,
 1886  is released from secure detention or transferred to home
 1887  detention or nonsecure detention, detention staff shall
 1888  immediately notify the appropriate law enforcement agency, and
 1889  school personnel, and victim if the juvenile is charged with
 1890  committing any of the following offenses or attempting to commit
 1891  any of the following offenses:
 1892         1. Murder, under s. 782.04;
 1893         2. Sexual battery, under chapter 794;
 1894         3. Stalking, under s. 784.048; or
 1895         4. Domestic violence, as defined in s. 741.28.
 1896         (4)(a) While a child who is currently enrolled in school is
 1897  in nonsecure or home detention care, the child shall continue to
 1898  attend school unless otherwise ordered by the court.
 1899         (b) While a child is in secure detention care, the child
 1900  shall receive education commensurate with his or her grade level
 1901  and educational ability.
 1902         (5) The court shall order the delivery of a child to a jail
 1903  or other facility intended or used for the detention of adults:
 1904         (a) When the child has been transferred or indicted for
 1905  criminal prosecution as an adult under part X, except that the
 1906  court may not order or allow a child alleged to have committed a
 1907  misdemeanor who is being transferred for criminal prosecution
 1908  pursuant to either s. 985.556 or s. 985.557 to be detained or
 1909  held in a jail or other facility intended or used for the
 1910  detention of adults; however, such child may be held temporarily
 1911  in a detention facility; or
 1912         (b) When a child taken into custody in this state is wanted
 1913  by another jurisdiction for prosecution as an adult.
 1914  
 1915  The child shall be housed separately from adult inmates to
 1916  prohibit a child from having regular contact with incarcerated
 1917  adults, including trustees. “Regular contact” means sight and
 1918  sound contact. Separation of children from adults shall permit
 1919  no more than haphazard or accidental contact. The receiving jail
 1920  or other facility shall contain a separate section for children
 1921  and shall have an adequate staff to supervise and monitor the
 1922  child’s activities at all times. Supervision and monitoring of
 1923  children includes physical observation and documented checks by
 1924  jail or receiving facility supervisory personnel at intervals
 1925  not to exceed 10 15 minutes. This subsection does not prohibit
 1926  placing two or more children in the same cell. Under no
 1927  circumstances shall a child be placed in the same cell with an
 1928  adult.
 1929         Section 20. Section 985.27, Florida Statutes, is amended to
 1930  read:
 1931         985.27 Postdisposition Postcommitment detention while
 1932  awaiting commitment placement.—
 1933         (1) The court must place all children who are adjudicated
 1934  and awaiting placement in a commitment program in detention
 1935  care. Children who are in home detention care or nonsecure
 1936  detention care may be placed on electronic monitoring.
 1937         (a) A child who is awaiting placement in a low-risk
 1938  residential program must be removed from detention within 5
 1939  days, excluding Saturdays, Sundays, and legal holidays. Any
 1940  child held in secure detention during the 5 days must meet
 1941  detention admission criteria under this part. A child who is
 1942  placed in home detention care, nonsecure detention care, or home
 1943  or nonsecure detention care with electronic monitoring, while
 1944  awaiting placement in a minimum-risk or low-risk program, may be
 1945  held in secure detention care for 5 days, if the child violates
 1946  the conditions of the home detention care, the nonsecure
 1947  detention care, or the electronic monitoring agreement. For any
 1948  subsequent violation, the court may impose an additional 5 days
 1949  in secure detention care.
 1950         (a)(b) A child who is awaiting placement in a nonsecure
 1951  moderate-risk residential program must be removed from detention
 1952  within 5 days, excluding Saturdays, Sundays, and legal holidays.
 1953  Any child held in secure detention during the 5 days must meet
 1954  detention admission criteria under this part. The department may
 1955  seek an order from the court authorizing continued detention for
 1956  a specific period of time necessary for the appropriate
 1957  residential placement of the child. However, such continued
 1958  detention in secure detention care may not exceed 15 days after
 1959  entry of the commitment order, excluding Saturdays, Sundays, and
 1960  legal holidays, and except as otherwise provided in this
 1961  section. A child who is placed in home detention care, nonsecure
 1962  detention care, or home or nonsecure detention care with
 1963  electronic monitoring, while awaiting placement in a nonsecure
 1964  residential moderate-risk program, may be held in secure
 1965  detention care for 5 days, if the child violates the conditions
 1966  of the home detention care, the nonsecure detention care, or the
 1967  electronic monitoring agreement. For any subsequent violation,
 1968  the court may impose an additional 5 days in secure detention
 1969  care.
 1970         (b)(c) If the child is committed to a high-risk residential
 1971  program, the child must be held in secure detention care until
 1972  placement or commitment is accomplished.
 1973         (c)(d) If the child is committed to a maximum-risk
 1974  residential program, the child must be held in secure detention
 1975  care until placement or commitment is accomplished.
 1976         (2) Regardless of detention status, a child being
 1977  transported by the department to a residential commitment
 1978  facility of the department may be placed in secure detention
 1979  overnight, not to exceed a 24-hour period, for the specific
 1980  purpose of ensuring the safe delivery of the child to his or her
 1981  residential commitment program, court, appointment, transfer, or
 1982  release.
 1983         Section 21. Subsection (1) of section 985.275, Florida
 1984  Statutes, is amended to read:
 1985         985.275 Detention of escapee or absconder on authority of
 1986  the department.—
 1987         (1) If an authorized agent of the department has reasonable
 1988  grounds to believe that any delinquent child committed to the
 1989  department has escaped from a residential commitment facility or
 1990  from being lawfully transported thereto or therefrom, or has
 1991  absconded from a nonresidential commitment facility, the agent
 1992  shall notify law enforcement and, if the offense would require
 1993  notification under chapter 960, notify the victim. The agent
 1994  shall make every reasonable effort as permitted within existing
 1995  resources provided to the department to locate the delinquent
 1996  child and the child may be returned to the facility take the
 1997  child into active custody and may deliver the child to the
 1998  facility or, if it is closer, to a detention center for return
 1999  to the facility. However, a child may not be held in detention
 2000  longer than 24 hours, excluding Saturdays, Sundays, and legal
 2001  holidays, unless a special order so directing is made by the
 2002  judge after a detention hearing resulting in a finding that
 2003  detention is required based on the criteria in s. 985.255. The
 2004  order shall state the reasons for such finding. The reasons
 2005  shall be reviewable by appeal or in habeas corpus proceedings in
 2006  the district court of appeal.
 2007         Section 22. Paragraph (b) of subsection (4), paragraph (h)
 2008  of subsection (6), and paragraph (a) of subsection (7) of
 2009  section 985.433, Florida Statutes, are amended to read:
 2010         985.433 Disposition hearings in delinquency cases.—When a
 2011  child has been found to have committed a delinquent act, the
 2012  following procedures shall be applicable to the disposition of
 2013  the case:
 2014         (4) Before the court determines and announces the
 2015  disposition to be imposed, it shall:
 2016         (b) Discuss with the child his or her compliance with any
 2017  predisposition home release plan or other plan imposed since the
 2018  date of the offense.
 2019         (6) The first determination to be made by the court is a
 2020  determination of the suitability or nonsuitability for
 2021  adjudication and commitment of the child to the department. This
 2022  determination shall include consideration of the recommendations
 2023  of the department, which may include a predisposition report.
 2024  The predisposition report shall include, whether as part of the
 2025  child’s multidisciplinary assessment, classification, and
 2026  placement process components or separately, evaluation of the
 2027  following criteria:
 2028         (h) The child’s educational status, including, but not
 2029  limited to, the child’s strengths, abilities, and unmet and
 2030  special educational needs. The report shall identify appropriate
 2031  educational and career vocational goals for the child. Examples
 2032  of appropriate goals include:
 2033         1. Attainment of a high school diploma or its equivalent.
 2034         2. Successful completion of literacy courses course(s).
 2035         3. Successful completion of career and technical education
 2036  courses vocational course(s).
 2037         4. Successful attendance and completion of the child’s
 2038  current grade or recovery of credits of classes the child
 2039  previously failed, if enrolled in school.
 2040         5. Enrollment in an apprenticeship or a similar program.
 2041  
 2042  It is the intent of the Legislature that the criteria set forth
 2043  in this subsection are general guidelines to be followed at the
 2044  discretion of the court and not mandatory requirements of
 2045  procedure. It is not the intent of the Legislature to provide
 2046  for the appeal of the disposition made under this section.
 2047         (7) If the court determines that the child should be
 2048  adjudicated as having committed a delinquent act and should be
 2049  committed to the department, such determination shall be in
 2050  writing or on the record of the hearing. The determination shall
 2051  include a specific finding of the reasons for the decision to
 2052  adjudicate and to commit the child to the department, including
 2053  any determination that the child was a member of a criminal
 2054  gang.
 2055         (a) The department juvenile probation officer shall
 2056  recommend to the court the most appropriate placement and
 2057  treatment plan, specifically identifying the restrictiveness
 2058  level most appropriate for the child if commitment is
 2059  recommended. If the court has determined that the child was a
 2060  member of a criminal gang, that determination shall be given
 2061  great weight in identifying the most appropriate restrictiveness
 2062  level for the child. The court shall consider the department’s
 2063  recommendation in making its commitment decision.
 2064         Section 23. Subsections (4) through (6) of section 985.435,
 2065  Florida Statutes, are renumbered as subsections (5) through (7),
 2066  respectively, subsection (3) and present subsection (4) of that
 2067  section are amended, and a new subsection (4) is added to that
 2068  section, to read:
 2069         985.435 Probation and postcommitment probation; community
 2070  service.—
 2071         (3) A probation program must also include a rehabilitative
 2072  program component such as a requirement of participation in
 2073  substance abuse treatment or in a school or career and technical
 2074  education other educational program. The nonconsent of the child
 2075  to treatment in a substance abuse treatment program in no way
 2076  precludes the court from ordering such treatment. Upon the
 2077  recommendation of the department at the time of disposition, or
 2078  subsequent to disposition pursuant to the filing of a petition
 2079  alleging a violation of the child’s conditions of postcommitment
 2080  probation, the court may order the child to submit to random
 2081  testing for the purpose of detecting and monitoring the use of
 2082  alcohol or controlled substances.
 2083         (4) A probation program may also include an alternative
 2084  consequence component to address instances in which a child is
 2085  noncompliant with technical conditions of his or her probation,
 2086  but has not committed any new violations of law. The alternative
 2087  consequence component is designed to provide swift and
 2088  appropriate consequences to any noncompliance with technical
 2089  conditions of probation. If the probation program includes this
 2090  component, specific consequences that apply to noncompliance
 2091  with specific technical conditions of probation must be detailed
 2092  in the disposition order.
 2093         (5)(4)An identification of the child’s risk of reoffending
 2094  A classification scale for levels of supervision shall be
 2095  provided by the department, taking into account the child’s
 2096  needs and risks relative to probation supervision requirements
 2097  to reasonably ensure the public safety. Probation programs for
 2098  children shall be supervised by the department or by any other
 2099  person or agency specifically authorized by the court. These
 2100  programs must include, but are not limited to, structured or
 2101  restricted activities as described in this section and s.
 2102  985.439, and shall be designed to encourage the child toward
 2103  acceptable and functional social behavior.
 2104         Section 24. Subsections (1) and (4) of section 985.439,
 2105  Florida Statutes, are amended to read:
 2106         985.439 Violation of probation or postcommitment
 2107  probation.—
 2108         (1)(a) This section is applicable when the court has
 2109  jurisdiction over a child on probation or postcommitment
 2110  probation, regardless of adjudication an adjudicated delinquent
 2111  child.
 2112         (b) If the conditions of the probation program or the
 2113  postcommitment probation program are violated, the department or
 2114  the state attorney may bring the child before the court on a
 2115  petition alleging a violation of the program. A Any child who
 2116  violates the conditions of probation or postcommitment probation
 2117  must be brought before the court if sanctions are sought.
 2118         (4) Upon the child’s admission, or if the court finds after
 2119  a hearing that the child has violated the conditions of
 2120  probation or postcommitment probation, the court shall enter an
 2121  order revoking, modifying, or continuing probation or
 2122  postcommitment probation. In each such case, the court shall
 2123  enter a new disposition order and, in addition to the sanctions
 2124  set forth in this section, may impose any sanction the court
 2125  could have imposed at the original disposition hearing. If the
 2126  child is found to have violated the conditions of probation or
 2127  postcommitment probation, the court may:
 2128         (a) Place the child in a consequence unit in that judicial
 2129  circuit, if available, for up to 5 days for a first violation
 2130  and up to 15 days for a second or subsequent violation.
 2131         (b) Place the child in nonsecure on home detention with
 2132  electronic monitoring. However, this sanction may be used only
 2133  if a residential consequence unit is not available.
 2134         (c) If the violation of probation is technical in nature
 2135  and not a new violation of law, place the child in an
 2136  alternative consequence program designed to provide swift and
 2137  appropriate consequences to any further violations of probation.
 2138         1. Alternative consequence programs shall be established,
 2139  within existing resources, at the local level in coordination
 2140  with law enforcement agencies, the chief judge of the circuit,
 2141  the state attorney, and the public defender.
 2142         2. Alternative consequence programs may be operated by an
 2143  entity such as a law enforcement agency, the department, a
 2144  juvenile assessment center, a county or municipality, or another
 2145  entity selected by the department.
 2146         3. Upon placing a child in an alternative consequence
 2147  program, the court must approve specific consequences for
 2148  specific violations of the conditions of probation.
 2149         (d)(c) Modify or continue the child’s probation program or
 2150  postcommitment probation program.
 2151         (e)(d) Revoke probation or postcommitment probation and
 2152  commit the child to the department.
 2153         Section 25. Subsection (2) of section 985.441, Florida
 2154  Statutes, is amended to read:
 2155         985.441 Commitment.—
 2156         (2) Notwithstanding subsection (1), the court having
 2157  jurisdiction over an adjudicated delinquent child whose
 2158  underlying offense is was a misdemeanor, or a child who is
 2159  currently on probation for a misdemeanor, may not commit the
 2160  child for any misdemeanor offense or any probation violation
 2161  that is technical in nature and not a new violation of law at a
 2162  restrictiveness level other than minimum-risk nonresidential
 2163  unless the probation violation is a new violation of law
 2164  constituting a felony. However, the court may commit such child
 2165  to a nonsecure low-risk or moderate-risk residential placement
 2166  if:
 2167         (a) The child has previously been adjudicated or had
 2168  adjudication withheld for a felony offense;
 2169         (b) The child has previously been adjudicated or had
 2170  adjudication withheld for three or more misdemeanor offenses
 2171  within the previous 18 months;
 2172         (c) The child is before the court for disposition for a
 2173  violation of s. 800.03, s. 806.031, or s. 828.12; or
 2174         (d) The court finds by a preponderance of the evidence that
 2175  the protection of the public requires such placement or that the
 2176  particular needs of the child would be best served by such
 2177  placement. Such finding must be in writing.
 2178         Section 26. Paragraph (a) of subsection (1) and subsection
 2179  (5) of section 985.46, Florida Statutes, are amended to read:
 2180         985.46 Conditional release.—
 2181         (1) The Legislature finds that:
 2182         (a) Conditional release is the care, treatment, help, and
 2183  supervision, and provision of transition-to-adulthood services
 2184  to provided juveniles released from residential commitment
 2185  programs to promote rehabilitation and prevent recidivism.
 2186         (5) Participation in the educational program by students of
 2187  compulsory school attendance age pursuant to s. 1003.21(1) and
 2188  (2)(a) is mandatory for juvenile justice youth on conditional
 2189  release or postcommitment probation status. A student of
 2190  noncompulsory school-attendance age who has not received a high
 2191  school diploma or its equivalent must participate in an the
 2192  educational program or career and technical education course. A
 2193  youth who has received a high school diploma or its equivalent
 2194  and is not employed must participate in workforce development or
 2195  other career or technical education or attend a community
 2196  college or a university while in the program, subject to
 2197  available funding.
 2198         Section 27. Subsections (1) through (5) of section 985.461,
 2199  Florida Statutes, are amended to read:
 2200         985.461 Transition to adulthood.—
 2201         (1) The Legislature finds that older youth are faced with
 2202  the need to learn how to support themselves within legal means
 2203  and overcome the stigma of being delinquent. In most cases,
 2204  parents expedite this transition. It is the intent of the
 2205  Legislature that the department provide older youth in its
 2206  custody or under its supervision with opportunities for
 2207  participating in transition-to-adulthood services while in the
 2208  department’s commitment programs or in probation or conditional
 2209  release programs in the community. These services should be
 2210  reasonable and appropriate for the youths’ respective ages or
 2211  special needs and provide activities that build life skills and
 2212  increase the ability to live independently and become self
 2213  sufficient.
 2214         (2) Youth served by the department who are in the custody
 2215  of the Department of Children and Families Family Services and
 2216  who entered juvenile justice placement from a foster care
 2217  placement, if otherwise eligible, may receive independent living
 2218  transition services pursuant to s. 409.1451. Court-ordered
 2219  commitment or probation with the department is not a barrier to
 2220  eligibility for the array of services available to a youth who
 2221  is in the dependency foster care system only.
 2222         (3) For a dependent child in the foster care system,
 2223  adjudication for delinquency does not, by itself, disqualify
 2224  such child for eligibility in the Department of Children and
 2225  Families’ Family Services’ independent living program.
 2226         (4) As part of the child’s treatment plan, the department
 2227  may provide transition-to-adulthood services to children
 2228  released from residential commitment. To support participation
 2229  in transition-to-adulthood services and subject to
 2230  appropriation, the department may:
 2231         (a) Assess the child’s skills and abilities to live
 2232  independently and become self-sufficient. The specific services
 2233  to be provided shall be determined using an assessment of his or
 2234  her readiness for adult life.
 2235         (b) Use community reentry teams to assist in the
 2236  development of Develop a list of age-appropriate activities and
 2237  responsibilities to be incorporated in the child’s written case
 2238  plan for any youth 17 years of age or older who is under the
 2239  custody or supervision of the department. Community reentry
 2240  teams may include representatives from school districts, law
 2241  enforcement, workforce development services, community-based
 2242  service providers, and the youth’s family. Such community
 2243  reentry teams must be created within existing resources provided
 2244  to the department. Activities may include, but are not limited
 2245  to, life skills training, including training to develop banking
 2246  and budgeting skills, interviewing and career planning skills,
 2247  parenting skills, personal health management, and time
 2248  management or organizational skills; educational support;
 2249  employment training; and counseling.
 2250         (c) Provide information related to social security
 2251  insurance benefits and public assistance.
 2252         (d) Request parental or guardian permission for the youth
 2253  to participate in transition-to-adulthood services. Upon such
 2254  consent, age-appropriate activities shall be incorporated into
 2255  the youth’s written case plan. This plan may include specific
 2256  goals and objectives and shall be reviewed and updated at least
 2257  quarterly. If the parent or guardian is cooperative, the plan
 2258  may not interfere with the parent’s or guardian’s rights to
 2259  nurture and train his or her child in ways that are otherwise in
 2260  compliance with the law and court order.
 2261         (e) Contract for transition-to-adulthood services that
 2262  include residential services and assistance and allow the child
 2263  to live independently of the daily care and supervision of an
 2264  adult in a setting that is not licensed under s. 409.175. A
 2265  child under the care or supervision of the department who has
 2266  reached 17 years of age but is not yet 19 years of age is
 2267  eligible for such services if he or she does not pose a danger
 2268  to the public and is able to demonstrate minimally sufficient
 2269  skills and aptitude for living under decreased adult
 2270  supervision, as determined by the department, using established
 2271  procedures and assessments.
 2272         (f) Assist the child in building a portfolio of educational
 2273  and vocational accomplishments, necessary identification,
 2274  resumes, and cover letters in an effort to enhance the child’s
 2275  employability.
 2276         (g) Collaborate with school district contacts to facilitate
 2277  appropriate educational services based on the child’s identified
 2278  needs.
 2279         (5) For a child who is 17 years of age or older, under the
 2280  department’s care or supervision, and without benefit of parents
 2281  or legal guardians capable of assisting the child in the
 2282  transition to adult life, the department may provide an
 2283  assessment to determine the child’s skills and abilities to live
 2284  independently and become self-sufficient. Based on the
 2285  assessment and within existing resources, services and training
 2286  may be provided in order to develop the necessary skills and
 2287  abilities before the child’s 18th birthday.
 2288         Section 28. Paragraph (b) of subsection (3) of section
 2289  985.481, Florida Statutes, is amended to read:
 2290         985.481 Sexual offenders adjudicated delinquent;
 2291  notification upon release.—
 2292         (3)
 2293         (b) No later than November 1, 2007, The department must
 2294  make the information described in subparagraph (a)1. available
 2295  electronically to the Department of Law Enforcement in its
 2296  database and in a format that is compatible with the
 2297  requirements of the Florida Crime Information Center.
 2298         Section 29. Subsection (5) of section 985.4815, Florida
 2299  Statutes, is amended to read:
 2300         985.4815 Notification to Department of Law Enforcement of
 2301  information on juvenile sexual offenders.—
 2302         (5) In addition to notification and transmittal
 2303  requirements imposed by any other provision of law, the
 2304  department shall compile information on any sexual offender and
 2305  provide the information to the Department of Law Enforcement. No
 2306  later than November 1, 2007, The department must make the
 2307  information available electronically to the Department of Law
 2308  Enforcement in its database in a format that is compatible with
 2309  the requirements of the Florida Crime Information Center.
 2310         Section 30. Subsection (1) of section 985.514, Florida
 2311  Statutes, is amended to read:
 2312         985.514 Responsibility for cost of care; fees.—
 2313         (1) When any child is placed into secure or nonsecure home
 2314  detention care or into other placement for the purpose of being
 2315  supervised by the department pursuant to a court order following
 2316  a detention hearing, the court shall order the child’s parents
 2317  to pay fees to the department as provided in s. 985.039.
 2318         Section 31. Paragraph (a) of subsection (3) and paragraph
 2319  (a) of subsection (9) of section 985.601, Florida Statutes, are
 2320  amended to read:
 2321         985.601 Administering the juvenile justice continuum.—
 2322         (3)(a) The department shall develop or contract for
 2323  diversified and innovative programs to provide rehabilitative
 2324  treatment, including early intervention and prevention,
 2325  diversion, comprehensive intake, case management, diagnostic and
 2326  classification assessments, trauma-informed care, individual and
 2327  family counseling, family engagement resources and programs,
 2328  gender-specific programming, shelter care, diversified detention
 2329  care emphasizing alternatives to secure detention, diversified
 2330  probation, halfway houses, foster homes, community-based
 2331  substance abuse treatment services, community-based mental
 2332  health treatment services, community-based residential and
 2333  nonresidential programs, mother-infant programs, and
 2334  environmental programs. The department may pay expenses in
 2335  support of innovative programs and activities that address
 2336  identified needs and the well-being of children in the
 2337  department’s care or under its supervision, subject to the
 2338  requirements of chapters 215, 216, and 287. Each program shall
 2339  place particular emphasis on reintegration and conditional
 2340  release for all children in the program.
 2341         (9)(a) The department shall operate a statewide, regionally
 2342  administered system of detention services for children, in
 2343  accordance with a comprehensive plan for the regional
 2344  administration of all detention services in the state. The plan
 2345  must provide for the maintenance of adequate availability of
 2346  detention services for all counties. The plan must cover all the
 2347  department’s operating circuits, with each operating circuit
 2348  having access to a secure facility and nonsecure and home
 2349  detention programs, and the plan may be altered or modified by
 2350  the Department of Juvenile Justice as necessary.
 2351         Section 32. Sections 985.605, 985.606, and 985.61, Florida
 2352  Statutes, are repealed.
 2353         Section 33. Section 985.632, Florida Statutes, is amended
 2354  to read:
 2355         985.632 Quality improvement assurance and cost
 2356  effectiveness; Comprehensive Accountability Report.—
 2357         (1) INTENT.—It is the intent of the Legislature that the
 2358  department establish a performance accountability system for
 2359  each provider who contracts with the department for the delivery
 2360  of services to children. The contract shall include both output
 2361  measures, such as the number of children served, and outcome
 2362  measures, including program completion and postcompletion
 2363  recidivism. Each contractor shall report performance results to
 2364  the department annually. The department’s Bureau of Research and
 2365  Planning shall summarize performance results from all contracts
 2366  and report the information to the Legislature annually in the
 2367  Comprehensive Accountability Report. The report shall:
 2368         (a) Ensure that information be provided to decisionmakers
 2369  in a timely manner so that resources are allocated to programs
 2370  that of the department which achieve desired performance levels.
 2371         (b) Provide information about the cost of such programs and
 2372  their differential effectiveness so that the quality of such
 2373  programs can be compared and improvements made continually.
 2374         (c) Provide information to aid in developing related policy
 2375  issues and concerns.
 2376         (d) Provide information to the public about the
 2377  effectiveness of such programs in meeting established goals and
 2378  objectives.
 2379         (e) Provide a basis for a system of accountability so that
 2380  each child client is afforded the best programs to meet his or
 2381  her needs.
 2382         (f) Improve service delivery to children through the use of
 2383  technical assistance clients.
 2384         (g) Modify or eliminate activities or programs that are not
 2385  effective.
 2386         (h) Collect and analyze available statistical data for the
 2387  purpose of ongoing evaluation of all programs.
 2388         (2) DEFINITIONS.—As used in this section, the term:
 2389         (a) “Client” means any person who is being provided
 2390  treatment or services by the department or by a provider under
 2391  contract with the department.
 2392         (a) “Program” means any facility or service for youth that
 2393  is operated by the department or by a provider under contract
 2394  with the department.
 2395         (b) “Program component” means an aggregation of generally
 2396  related objectives which, because of their special character,
 2397  related workload, and interrelated output, can logically be
 2398  considered an entity for purposes of organization, management,
 2399  accounting, reporting, and budgeting.
 2400         (c) “Program effectiveness” means the ability of the
 2401  program to achieve desired client outcomes, goals, and
 2402  objectives.
 2403         (c) “Program group” means a collection of programs with
 2404  sufficient similarity of functions, services, and youth to
 2405  permit appropriate comparison amongst programs within the group.
 2406         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.-The department, in
 2407  consultation with contract service providers, shall develop and
 2408  use a standard methodology for annually measuring, evaluating,
 2409  and reporting program outputs and youth outcomes for each
 2410  program and program group. The standard methodology must:
 2411         (a) Include common terminology and operational definitions
 2412  for measuring the performance of system and program
 2413  administration, program outputs, and program outcomes.
 2414         (b) Specify program outputs for each program and for each
 2415  program group within the juvenile justice continuum.
 2416         (c) Specify desired child outcomes and methods by which to
 2417  measure child outcomes for each program and program group
 2418  annually collect and report cost data for every program operated
 2419  or contracted by the department. The cost data shall conform to
 2420  a format approved by the department and the Legislature. Uniform
 2421  cost data shall be reported and collected for state-operated and
 2422  contracted programs so that comparisons can be made among
 2423  programs. The department shall ensure that there is accurate
 2424  cost accounting for state-operated services including market
 2425  equivalent rent and other shared cost. The cost of the
 2426  educational program provided to a residential facility shall be
 2427  reported and included in the cost of a program. The department
 2428  shall submit an annual cost report to the President of the
 2429  Senate, the Speaker of the House of Representatives, the
 2430  Minority Leader of each house of the Legislature, the
 2431  appropriate substantive and fiscal committees of each house of
 2432  the Legislature, and the Governor, no later than December 1 of
 2433  each year. Cost-benefit analysis for educational programs will
 2434  be developed and implemented in collaboration with and in
 2435  cooperation with the Department of Education, local providers,
 2436  and local school districts. Cost data for the report shall
 2437  include data collected by the Department of Education for the
 2438  purposes of preparing the annual report required by s.
 2439  1003.52(19).
 2440         (4)(a)COST-EFFECTIVENESS MODEL.—The department, in
 2441  consultation with the Office of Economic and Demographic
 2442  Research and contract service providers, shall develop a cost
 2443  effectiveness model and apply the model to each commitment
 2444  program. Program recidivism rates shall be a component of the
 2445  model.
 2446         (a) The cost-effectiveness model shall compare program
 2447  costs to expected and actual child recidivism rates client
 2448  outcomes and program outputs. It is the intent of the
 2449  Legislature that continual development efforts take place to
 2450  improve the validity and reliability of the cost-effectiveness
 2451  model.
 2452         (b) The department shall rank commitment programs based on
 2453  the cost-effectiveness model, performance measures, and
 2454  adherence to quality improvement standards and shall submit a
 2455  report this data in the annual Comprehensive Accountability
 2456  Report to the appropriate substantive and fiscal committees of
 2457  each house of the Legislature by December 31 of each year.
 2458         (c) Based on reports of the department on child client
 2459  outcomes and program outputs and on the department’s most recent
 2460  cost-effectiveness rankings, the department may terminate a
 2461  program operated by the department or a provider if the program
 2462  has failed to achieve a minimum standard threshold of program
 2463  effectiveness. This paragraph does not preclude the department
 2464  from terminating a contract as provided under this section or as
 2465  otherwise provided by law or contract, and does not limit the
 2466  department’s authority to enter into or terminate a contract.
 2467         (d) In collaboration with the Office of Economic and
 2468  Demographic Research, and contract service providers, the
 2469  department shall develop a work plan to refine the cost
 2470  effectiveness model so that the model is consistent with the
 2471  performance-based program budgeting measures approved by the
 2472  Legislature to the extent the department deems appropriate. The
 2473  department shall notify the Office of Program Policy Analysis
 2474  and Government Accountability of any meetings to refine the
 2475  model.
 2476         (e) Contingent upon specific appropriation, the department,
 2477  in consultation with the Office of Economic and Demographic
 2478  Research, and contract service providers, shall:
 2479         1. Construct a profile of each commitment program that uses
 2480  the results of the quality improvement data portion of the
 2481  Comprehensive Accountability assurance Report required by this
 2482  section, the cost-effectiveness data portion of the
 2483  Comprehensive Accountability Report required in this subsection,
 2484  and other reports available to the department.
 2485         2. Target, for a more comprehensive evaluation, any
 2486  commitment program that has achieved consistently high, low, or
 2487  disparate ratings in the reports required under subparagraph 1.
 2488  and target, for technical assistance, any commitment program
 2489  that has achieved low or disparate ratings in the reports
 2490  required under subparagraph 1.
 2491         3. Identify the essential factors that contribute to the
 2492  high, low, or disparate program ratings.
 2493         4.  Use the results of these evaluations in developing or
 2494  refining juvenile justice programs or program models, child
 2495  client outcomes and program outputs, provider contracts, quality
 2496  improvement assurance standards, and the cost-effectiveness
 2497  model.
 2498         (5) QUALITY IMPROVEMENT.—The department shall:
 2499         (a) Establish a comprehensive quality improvement assurance
 2500  system for each program operated by the department or operated
 2501  by a provider under contract with the department. Each contract
 2502  entered into by the department must provide for quality
 2503  improvement assurance.
 2504         (b) Provide operational definitions of and criteria for
 2505  quality improvement assurance for each specific program
 2506  component.
 2507         (c) Establish quality improvement assurance goals and
 2508  objectives for each specific program component.
 2509         (d) Establish the information and specific data elements
 2510  required for the quality improvement assurance program.
 2511         (e) Develop a quality improvement assurance manual of
 2512  specific, standardized terminology and procedures to be followed
 2513  by each program.
 2514         (f) Evaluate each program operated by the department or a
 2515  provider under a contract with the department annually and
 2516  establish minimum standards thresholds for each program
 2517  component. If a provider fails to meet the established minimum
 2518  standards thresholds, such failure shall cause the department to
 2519  cancel the provider’s contract unless the provider achieves
 2520  compliance with minimum standards thresholds within 6 months or
 2521  unless there are documented extenuating circumstances. In
 2522  addition, the department may not contract with the same provider
 2523  for the canceled service for a period of 12 months. If a
 2524  department-operated program fails to meet the established
 2525  minimum standards thresholds, the department must take necessary
 2526  and sufficient steps to ensure and document program changes to
 2527  achieve compliance with the established minimum standards
 2528  thresholds. If the department-operated program fails to achieve
 2529  compliance with the established minimum standards thresholds
 2530  within 6 months and if there are no documented extenuating
 2531  circumstances, the department must notify the Executive Office
 2532  of the Governor and the Legislature of the corrective action
 2533  taken. Appropriate corrective action may include, but is not
 2534  limited to:
 2535         1. Contracting out for the services provided in the
 2536  program;
 2537         2. Initiating appropriate disciplinary action against all
 2538  employees whose conduct or performance is deemed to have
 2539  materially contributed to the program’s failure to meet
 2540  established minimum standards thresholds;
 2541         3. Redesigning the program; or
 2542         4. Realigning the program.
 2543         (6) COMPREHENSIVE ACCOUNTABILITY REPORT SUBMISSION.—The
 2544  department shall submit the Comprehensive Accountability Report
 2545  an annual report to the President of the Senate, the Speaker of
 2546  the House of Representatives, the Minority Leader of each house
 2547  of the Legislature, the appropriate substantive and fiscal
 2548  committees of each house of the Legislature, and the Governor,
 2549  no later than February 1 of each year. The Comprehensive
 2550  Accountability Report annual report must contain, at a minimum,
 2551  for each specific program component: a comprehensive description
 2552  of the population served by the program; a specific description
 2553  of the services provided by the program; cost; a comparison of
 2554  expenditures to federal and state funding; immediate and long
 2555  range concerns; and recommendations to maintain, expand,
 2556  improve, modify, or eliminate each program component so that
 2557  changes in services lead to enhancement in program quality. The
 2558  department shall ensure the reliability and validity of the
 2559  information contained in the report.
 2560         (7)(6)ONGOING EVAULATIONS; REPORTS.—The department shall
 2561  collect and analyze available statistical data for the purpose
 2562  of ongoing evaluation of all programs. The department shall
 2563  provide the Legislature with necessary information and reports
 2564  to enable the Legislature to make informed decisions regarding
 2565  the effectiveness of, and any needed changes in, services,
 2566  programs, policies, and laws.
 2567         Section 34. Paragraph (a) of subsection (1) and paragraph
 2568  (b) of subsection (3) of section 985.644, Florida Statutes, are
 2569  amended to read:
 2570         985.644 Departmental contracting powers; personnel
 2571  standards and investigation screening.—
 2572         (1) The department may contract with the Federal
 2573  Government, other state departments and agencies, county and
 2574  municipal governments and agencies, public and private agencies,
 2575  and private individuals and corporations in carrying out the
 2576  purposes of, and the responsibilities established in, this
 2577  chapter.
 2578         (a) Each contract entered into by the department for
 2579  services delivered on an appointment or intermittent basis by a
 2580  provider that does not have regular custodial responsibility for
 2581  children and each contract with a school for before or aftercare
 2582  services must ensure that all owners, operators, and personnel
 2583  who have direct contact with children are subject to level 2
 2584  background screening pursuant to chapter 435.
 2585         (3)
 2586         (b) Except for Law enforcement, correctional, and
 2587  correctional probation officers, certified pursuant to s.
 2588  943.13, are not required to submit to level 2 screenings as long
 2589  as they are currently employed by a law enforcement agency or
 2590  correctional facility. to whom s. 943.13(5) applies, The
 2591  department shall electronically submit to the Department of Law
 2592  Enforcement:
 2593         1. Fingerprint information obtained during the employment
 2594  screening required by subparagraph (a)1.
 2595         2. Fingerprint information for all persons employed by the
 2596  department, or by a provider under contract with the department,
 2597  in delinquency facilities, services, or programs if such
 2598  fingerprint information has not previously been electronically
 2599  submitted pursuant to this section to the Department of Law
 2600  Enforcement under this paragraph.
 2601         Section 35. Section 985.6441, Florida Statutes, is created
 2602  to read:
 2603         985.6441 Health care services.—
 2604         (1) As used in this section, the term:
 2605         (a) “Health care provider” has the same meaning as provided
 2606  in s. 766.105.
 2607         (b) “Hospital” means a hospital licensed under chapter 395.
 2608         (2) When compensating health care providers, the department
 2609  must comply with the following reimbursement limitations:
 2610         (a) Payments to a hospital or a health care provider may
 2611  not exceed 110 percent of the Medicare allowable rate for any
 2612  health care services provided if there is no contract between
 2613  the department and the hospital or the health care provider
 2614  providing services at a hospital.
 2615         (b)1. The department may continue to make payments for
 2616  health care services at the contracted rates for contracts
 2617  executed before July 1, 2014, through the current term of the
 2618  contract if a contract has been executed between the department
 2619  and a hospital or a health care provider providing services at a
 2620  hospital.
 2621         2. Payments may not exceed 110 percent of the Medicare
 2622  allowable rate after the current term of the contract expires or
 2623  after the contract is renewed during the 2013-2014 fiscal year.
 2624         (c) Payments may not exceed 110 percent of the Medicare
 2625  allowable rate under a contract executed on or after July 1,
 2626  2014, between the department and a hospital or a health care
 2627  provider providing services at a hospital.
 2628         (d) Notwithstanding paragraphs (a)-(c), the department may
 2629  pay up to 125 percent of the Medicare allowable rate for health
 2630  care services at a hospital that reports, or has reported, a
 2631  negative operating margin for the previous fiscal year to the
 2632  Agency for Health Care Administration through hospital-audited
 2633  financial data.
 2634         Section 36. Subsections (1), (2), and (3) of section
 2635  985.66, Florida Statutes, are amended to read:
 2636         985.66 Juvenile justice training academies; staff
 2637  development and training; Juvenile Justice Training Trust Fund.—
 2638         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
 2639  provide a systematic approach to staff development and training
 2640  for judges, state attorneys, public defenders, law enforcement
 2641  officers, school district personnel, and juvenile justice
 2642  program staff that will meet the needs of such persons in their
 2643  discharge of duties while at the same time meeting the
 2644  requirements for the American Correction Association
 2645  accreditation by the Commission on Accreditation for
 2646  Corrections, it is the purpose of the Legislature to require the
 2647  department to establish, maintain, and oversee the operation of
 2648  juvenile justice training, programs, and courses academies in
 2649  the state. The purpose of the Legislature in establishing staff
 2650  development and training programs is to provide employees of the
 2651  department, any private or public entity, or contract providers
 2652  who provide services or care for children under the
 2653  responsibility of the department with the knowledge and skills
 2654  needed to appropriately interact with children and provide such
 2655  care and services foster better staff morale and reduce
 2656  mistreatment and aggressive and abusive behavior in delinquency
 2657  programs; to positively impact the recidivism of children in the
 2658  juvenile justice system; and to afford greater protection of the
 2659  public through an improved level of services delivered by a
 2660  professionally trained juvenile justice program staff to
 2661  children who are alleged to be or who have been found to be
 2662  delinquent.
 2663         (2) STAFF DEVELOPMENT AND TRAINING.—The department shall:
 2664         (a) Designate the number and location of the training
 2665  programs and courses; assess, design, academies; develop,
 2666  implement, evaluate, maintain, and update the curriculum to be
 2667  used in the training of juvenile justice program staff;
 2668  establish timeframes for participation in and completion of
 2669  training by juvenile justice program staff; develop, implement,
 2670  score, analyze, maintain, and update job-related examinations;
 2671  develop, implement, analyze, and update the types and
 2672  frequencies for of evaluations of the training programs,
 2673  courses, and instructors academies; and manage approve, modify,
 2674  or disapprove the budget and contracts for all the training
 2675  deliverables academies, and the contractor to be selected to
 2676  organize and operate the training academies and to provide the
 2677  training curriculum.
 2678         (b) Establish uniform minimum job-related preservice and
 2679  inservice training courses and examinations for juvenile justice
 2680  program staff.
 2681         (c) Consult and cooperate with the state or any political
 2682  subdivision; any private entity or contractor; and with private
 2683  and public universities, colleges, community colleges, and other
 2684  educational institutions concerning the development of juvenile
 2685  justice training and programs or courses of instruction,
 2686  including, but not limited to, education and training in the
 2687  areas of juvenile justice.
 2688         (d) Enter into contracts and agreements with other
 2689  agencies, organizations, associations, corporations,
 2690  individuals, or federal agencies as necessary in the execution
 2691  of the powers of the department or the performance of its
 2692  duties.
 2693         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department shall
 2694  establish a certifiable program for juvenile justice training
 2695  pursuant to this section, and all department program staff and
 2696  providers who deliver direct care services pursuant to contract
 2697  with the department shall be required to participate in and
 2698  successfully complete the department-approved program of
 2699  training pertinent to their areas of responsibility. Judges,
 2700  state attorneys, and public defenders, law enforcement officers,
 2701  and school district personnel, and employees of contract
 2702  providers who provide services or care for children under the
 2703  responsibility of the department may participate in such
 2704  training program. For the juvenile justice program staff, the
 2705  department shall, based on a job-task analysis:
 2706         (a) Design, implement, maintain, evaluate, and revise a
 2707  basic training program, including a competency-based
 2708  examination, for the purpose of providing minimum employment
 2709  training qualifications for all juvenile justice personnel. All
 2710  program staff of the department and providers who deliver
 2711  direct-care services who are hired after October 1, 1999, must
 2712  meet the following minimum requirements:
 2713         1. Be at least 19 years of age.
 2714         2. Be a high school graduate or its equivalent as
 2715  determined by the department.
 2716         3. Not have been convicted of any felony or a misdemeanor
 2717  involving perjury or a false statement, or have received a
 2718  dishonorable discharge from any of the Armed Forces of the
 2719  United States. Any person who, after September 30, 1999, pleads
 2720  guilty or nolo contendere to or is found guilty of any felony or
 2721  a misdemeanor involving perjury or false statement is not
 2722  eligible for employment, notwithstanding suspension of sentence
 2723  or withholding of adjudication. Notwithstanding this
 2724  subparagraph, any person who pled nolo contendere to a
 2725  misdemeanor involving a false statement before October 1, 1999,
 2726  and who has had such record of that plea sealed or expunged is
 2727  not ineligible for employment for that reason.
 2728         4. Abide by all the provisions of s. 985.644(1) regarding
 2729  fingerprinting and background investigations and other screening
 2730  requirements for personnel.
 2731         5. Execute and submit to the department an affidavit-of
 2732  application form, adopted by the department, attesting to his or
 2733  her compliance with subparagraphs 1.-4. The affidavit must be
 2734  executed under oath and constitutes an official statement under
 2735  s. 837.06. The affidavit must include conspicuous language that
 2736  the intentional false execution of the affidavit constitutes a
 2737  misdemeanor of the second degree. The employing agency shall
 2738  retain the affidavit.
 2739         (b) Design, implement, maintain, evaluate, and revise an
 2740  advanced training program, including a competency-based
 2741  examination for each training course, which is intended to
 2742  enhance knowledge, skills, and abilities related to job
 2743  performance.
 2744         (c) Design, implement, maintain, evaluate, and revise a
 2745  career development training program, including a competency
 2746  based examination for each training course. Career development
 2747  courses are intended to prepare personnel for promotion.
 2748         (d) The department is encouraged to design, implement,
 2749  maintain, evaluate, and revise juvenile justice training
 2750  courses, or to enter into contracts for such training courses,
 2751  that are intended to provide for the safety and well-being of
 2752  both citizens and juvenile offenders.
 2753         Section 37. Subsection (5) of section 985.664, Florida
 2754  Statutes, is amended to read:
 2755         985.664 Juvenile justice circuit advisory boards.—
 2756         (5)(a) To form the initial juvenile justice circuit
 2757  advisory board, the Secretary of Juvenile Justice, in
 2758  consultation with the juvenile justice county councils in
 2759  existence on October 1, 2013, shall appoint the chair of the
 2760  board, who must meet the board membership requirements in
 2761  subsection (4). Within 45 days after being appointed, the chair
 2762  shall appoint the remaining members to the juvenile justice
 2763  circuit advisory board and submit the appointments to the
 2764  department for approval.
 2765         (b) Thereafter, When a vacancy in the office of the chair
 2766  occurs, the Secretary of Juvenile Justice, in consultation with
 2767  the juvenile justice circuit advisory board, shall appoint a new
 2768  chair, who must meet the board membership requirements in
 2769  subsection (4). The chair shall appoint members to vacant seats
 2770  within 45 days after the vacancy and submit the appointments to
 2771  the department for approval. The chair shall serve at the
 2772  pleasure of the Secretary of Juvenile Justice.
 2773         Section 38. Subsections (1) and (4) of section 985.672,
 2774  Florida Statutes, are amended to read:
 2775         985.672 Direct-support organization; definition; use of
 2776  property; board of directors; audit.—
 2777         (1) DEFINITION.—As used in this section, the term “direct
 2778  support organization” means an organization whose sole purpose
 2779  is to support the juvenile justice system and which is:
 2780         (a) A corporation not-for-profit incorporated under chapter
 2781  617 and which is approved by the Department of State;
 2782         (b) Organized and operated to conduct programs and
 2783  activities; to raise funds; to request and receive grants,
 2784  gifts, and bequests of moneys; to acquire, receive, hold,
 2785  invest, and administer, in its own name, securities, funds,
 2786  objects of value, or other property, real or personal; and to
 2787  make expenditures to or for the direct or indirect benefit of
 2788  the Department of Juvenile Justice or the juvenile justice
 2789  system operated by a county commission or a circuit board;
 2790         (c) Determined by the Department of Juvenile Justice to be
 2791  consistent with the goals of the juvenile justice system, in the
 2792  best interest of the state, and in accordance with the adopted
 2793  goals and mission of the Department of Juvenile Justice.
 2794  
 2795  Expenditures of the organization shall be expressly used for the
 2796  prevention to prevent and amelioration of ameliorate juvenile
 2797  delinquency. The expenditures of the direct-support organization
 2798  may not be used for the purpose of lobbying as defined in s.
 2799  11.045.
 2800         (4) USE OF PROPERTY.—The department may permit, without
 2801  charge, appropriate use of fixed property, and facilities, and
 2802  personnel services of the juvenile justice system by the direct
 2803  support organization, subject to the provisions of this section.
 2804  For the purposes of this subsection, the term “personnel
 2805  services” includes full-time or part-time personnel, as well as
 2806  payroll processing services.
 2807         (a) The department may prescribe any condition with which
 2808  the direct-support organization must comply in order to use
 2809  fixed property or facilities of the juvenile justice system.
 2810         (b) The department may not permit the use of any fixed
 2811  property or facilities of the juvenile justice system by the
 2812  direct-support organization if it does not provide equal
 2813  membership and employment opportunities to all persons
 2814  regardless of race, color, religion, sex, age, or national
 2815  origin.
 2816         (c) The department shall adopt rules prescribing the
 2817  procedures by which the direct-support organization is governed
 2818  and any conditions with which a direct-support organization must
 2819  comply to use property or facilities of the department.
 2820         Section 39. Subsections (1) through (4) and subsection (9)
 2821  of section 985.682, Florida Statutes, are amended to read:
 2822         985.682 Siting of facilities; study; criteria.—
 2823         (1) The department is directed to conduct or contract for a
 2824  statewide comprehensive study to determine current and future
 2825  needs for all types of facilities for children committed to the
 2826  custody, care, or supervision of the department under this
 2827  chapter.
 2828         (2) The study shall assess, rank, and designate appropriate
 2829  sites, and shall be reflective of the different purposes and
 2830  uses for all facilities, based upon the following criteria:
 2831         (a) Current and future estimates of children originating
 2832  from each county;
 2833         (b) Current and future estimates of types of delinquent
 2834  acts committed in each county;
 2835         (c) Geographic location of existing facilities;
 2836         (d) Availability of personnel within the local labor
 2837  market;
 2838         (e) Current capacity of facilities in the area;
 2839         (f) Total usable and developable acreage of various sites
 2840  based upon the use and purpose of the facility;
 2841         (g) Accessibility of each site to existing utility,
 2842  transportation, law enforcement, health care, fire protection,
 2843  refuse collection, water, and sewage disposal services;
 2844         (h) Susceptibility of each site to flooding hazards or
 2845  other adverse natural environmental consequences;
 2846         (i) Site location in relation to desirable and undesirable
 2847  proximity to other public facilities, including schools;
 2848         (j) Patterns of residential growth and projected population
 2849  growth; and
 2850         (k) Such other criteria as the department, in conjunction
 2851  with local governments, deems appropriate.
 2852         (3) The department shall recommend certification of the
 2853  study by the Governor and Cabinet within 2 months after its
 2854  receipt.
 2855         (4) Upon certification of the study by the Governor and
 2856  Cabinet, the department shall notify those counties designated
 2857  as being in need of a facility.
 2858         (5)(9) The Governor and Cabinet shall consider the
 2859  following when determining whether to grant the appeal from the
 2860  decision of the local government on the requested modification:
 2861         (a) The record of the proceedings before the local
 2862  government.
 2863         (b) Reports and studies by any other agency relating to
 2864  matters within the jurisdiction of such agency which may be
 2865  potentially affected by the proposed site.
 2866         (c) Existing The statewide study, as established in
 2867  subsection (1); other existing studies,; reports and information
 2868  maintained by the department as the Governor and Cabinet may
 2869  request addressing the feasibility and availability of
 2870  alternative sites in the general area,; and the need for a
 2871  facility in the area based on the average number of petitions,
 2872  commitments, and transfers into the criminal court from the
 2873  county to state facilities for the most recent 3 calendar years.
 2874         Section 40. Section 985.69, Florida Statutes, is amended to
 2875  read:
 2876         985.69 Repair and maintenance One-time startup funding for
 2877  juvenile justice purposes.—Funds from juvenile justice
 2878  appropriations may be used utilized as one-time startup funding
 2879  for juvenile justice purposes that include, but are not limited
 2880  to, remodeling or renovation of existing facilities,
 2881  construction costs, leasing costs, purchase of equipment and
 2882  furniture, site development, and other necessary and reasonable
 2883  costs associated with the repair and maintenance startup of
 2884  facilities or programs.
 2885         Section 41. Section 985.694, Florida Statutes, is repealed.
 2886         Section 42. Paragraph (a) of subsection (1) of section
 2887  985.701, Florida Statutes, is amended to read:
 2888         985.701 Sexual misconduct prohibited; reporting required;
 2889  penalties.—
 2890         (1)(a)1. As used in this section subsection, the term:
 2891         a. “Sexual misconduct” means fondling the genital area,
 2892  groin, inner thighs, buttocks, or breasts of a person; the oral,
 2893  anal, or vaginal penetration by or union with the sexual organ
 2894  of another; or the anal or vaginal penetration of another by any
 2895  other object. The term does not include an act done for a bona
 2896  fide medical purpose or an internal search conducted in the
 2897  lawful performance of duty by an employee of the department or
 2898  an employee of a provider under contract with the department.
 2899         b. “Employee” includes paid staff members, volunteers, and
 2900  interns who work in a department program or a program operated
 2901  by a provider under a contract.
 2902         c. “Juvenile offender” means any person of any age who is
 2903  detained or supervised by, or committed to the custody of, the
 2904  department.
 2905         2. An employee who engages in sexual misconduct with a
 2906  juvenile offender detained or supervised by, or committed to the
 2907  custody of, the department commits a felony of the second
 2908  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2909  775.084. An employee may be found guilty of violating this
 2910  subsection without having committed the crime of sexual battery.
 2911         3. The consent of the juvenile offender to any act of
 2912  sexual misconduct is not a defense to prosecution under this
 2913  subsection.
 2914         4. This subsection does not apply to an employee of the
 2915  department, or an employee of a provider under contract with the
 2916  department, who:
 2917         a. Is legally married to a juvenile offender who is
 2918  detained or supervised by, or committed to the custody of, the
 2919  department.
 2920         b. Has no reason to believe that the person with whom the
 2921  employee engaged in sexual misconduct is a juvenile offender
 2922  detained or supervised by, or committed to the custody of, the
 2923  department.
 2924         Section 43. Effective October, 1, 2014, Section 985.702,
 2925  Florida Statutes, is created to read:
 2926         985.702 Willful and malicious neglect of a juvenile
 2927  offender prohibited; reporting required; penalties.-
 2928         (1) As used in this section, the term:
 2929         (a) “Employee” means a paid staff member, volunteer, or
 2930  intern who works in a department program or a program operated
 2931  by a provider under a contract with the department.
 2932         (b) “Juvenile offender” means any person of any age who is
 2933  detained by or committed to the custody of the department.
 2934         (c) “Neglect” means:
 2935         1. An employee’s failure or omission to provide a juvenile
 2936  offender with the proper level of care, supervision, and
 2937  services necessary to maintain the juvenile offender’s physical
 2938  and mental health, including, but not limited to, adequate food,
 2939  nutrition, clothing, shelter, supervision, medicine, and medical
 2940  services; or
 2941         2. An employee’s failure to make a reasonable effort to
 2942  protect a juvenile offender from abuse, neglect, or exploitation
 2943  by another person.
 2944         (2)(a) An employee who willfully and maliciously neglects a
 2945  juvenile offender without causing great bodily harm, permanent
 2946  disability, or permanent disfigurement commits a felony of the
 2947  third degree, punishable as provided in s. 775.082, s. 775.083,
 2948  or s. 775.084.
 2949         (b) An employee who willfully and maliciously neglects a
 2950  juvenile offender and in so doing causes great bodily harm,
 2951  permanent disability, or permanent disfigurement commits a
 2952  felony of the second degree, punishable as provided in s.
 2953  775.082, s. 775.083, or s. 775.084.
 2954         (c) Notwithstanding prosecution, any violation of paragraph
 2955  (a) or paragraph (b), as determined by the Public Employees
 2956  Relations Commission, constitutes sufficient cause under s.
 2957  110.227 for dismissal from employment with the department, and
 2958  such person may not again be employed in any capacity in the
 2959  juvenile justice system.
 2960         (3) An employee who witnesses the infliction of neglect
 2961  upon a juvenile offender shall immediately report the incident
 2962  to the department’s incident hotline and prepare, date, and sign
 2963  an independent report that specifically describes the nature of
 2964  the incident, the location and time of the incident, and the
 2965  persons involved in the incident. The employee shall deliver the
 2966  report to the employee’s supervisor or program director, who
 2967  must provide copies to the department’s inspector general and
 2968  the circuit juvenile justice manager. The inspector general
 2969  shall immediately conduct an appropriate administrative
 2970  investigation, and, if there is probable cause to believe that a
 2971  violation of subsection (2) has occurred, the inspector general
 2972  shall notify the state attorney in the circuit in which the
 2973  incident occurred.
 2974         (4)(a) A person who is required to prepare a report under
 2975  this section who knowingly or willfully fails to do so, or who
 2976  knowingly or willfully prevents another person from doing so,
 2977  commits a misdemeanor of the first degree, punishable as
 2978  provided in s. 775.082 or s. 775.083.
 2979         (b) A person who knowingly or willfully submits inaccurate,
 2980  incomplete, or untruthful information with respect to a report
 2981  required under this section commits a misdemeanor of the first
 2982  degree, punishable as provided in s. 775.082 or s. 775.083.
 2983         (c) A person who knowingly or willfully coerces or
 2984  threatens any other person with the intent to alter testimony or
 2985  a written report regarding an incident of neglect upon a
 2986  juvenile offender commits a felony of the third degree,
 2987  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2988         Section 44. Subsection (2) of section 985.721, Florida
 2989  Statutes, is amended to read:
 2990         985.721 Escapes from secure detention or residential
 2991  commitment facility.—An escape from:
 2992         (2) Any residential commitment facility described in s.
 2993  985.03(44) 985.03(46), maintained for the custody, treatment,
 2994  punishment, or rehabilitation of children found to have
 2995  committed delinquent acts or violations of law; or
 2996  
 2997  constitutes escape within the intent and meaning of s. 944.40
 2998  and is a felony of the third degree, punishable as provided in
 2999  s. 775.082, s. 775.083, or s. 775.084.
 3000         Section 45. Paragraphs (c) and (f) of subsection (3) of
 3001  section 943.0582, Florida Statutes, are amended to read:
 3002         943.0582 Prearrest, postarrest, or teen court diversion
 3003  program expunction.—
 3004         (3) The department shall expunge the nonjudicial arrest
 3005  record of a minor who has successfully completed a prearrest or
 3006  postarrest diversion program if that minor:
 3007         (c) Submits to the department, with the application, an
 3008  official written statement from the state attorney for the
 3009  county in which the arrest occurred certifying that he or she
 3010  has successfully completed that county’s prearrest or postarrest
 3011  diversion program, that his or her participation in the program
 3012  was based on an arrest for a nonviolent misdemeanor, and that he
 3013  or she has not otherwise been charged by the state attorney with
 3014  or found to have committed any criminal offense or comparable
 3015  ordinance violation.
 3016         (f) Has never, prior to filing the application for
 3017  expunction, been charged by the state attorney with or been
 3018  found to have committed any criminal offense or comparable
 3019  ordinance violation.
 3020         Section 46. Section 945.75, Florida Statutes, is repealed.
 3021         Section 47. Paragraphs (h) through (k) of subsection (3) of
 3022  section 121.0515, Florida Statutes, are redesignated as
 3023  paragraphs (g) through (j), respectively, and paragraphs (e)
 3024  through (i) of subsection (2), present paragraphs (g) and (k) of
 3025  subsection (3), paragraph (b) of subsection (5), paragraph (d)
 3026  of subsection (8), and paragraph (c) of subsection (10) of that
 3027  section are amended to read:
 3028         121.0515 Special Risk Class.—
 3029         (2) MEMBERSHIP.—
 3030         (e) Effective July 1, 2001, “special risk member” includes
 3031  any member who is employed as a youth custody officer by the
 3032  Department of Juvenile Justice and meets the special criteria
 3033  set forth in paragraph (3)(g).
 3034         (e)(f) Effective October 1, 2005, through June 30, 2008,
 3035  the member must be employed by a law enforcement agency or
 3036  medical examiner’s office in a forensic discipline and meet the
 3037  special criteria set forth in paragraph (3)(g) (3)(h).
 3038         (f)(g) Effective July 1, 2008, the member must be employed
 3039  by the Department of Law Enforcement in the crime laboratory or
 3040  by the Division of State Fire Marshal in the forensic laboratory
 3041  and meet the special criteria set forth in paragraph (3)(h)
 3042  (3)(i).
 3043         (g)(h) Effective July 1, 2008, the member must be employed
 3044  by a local government law enforcement agency or medical
 3045  examiner’s office and meet the special criteria set forth in
 3046  paragraph (3)(i) (3)(j).
 3047         (h)(i) Effective August 1, 2008, “special risk member”
 3048  includes any member who meets the special criteria for continued
 3049  membership set forth in paragraph (3)(j) (3)(k).
 3050         (3) CRITERIA.—A member, to be designated as a special risk
 3051  member, must meet the following criteria:
 3052         (g) Effective July 1, 2001, the member must be employed as
 3053  a youth custody officer and be certified, or required to be
 3054  certified, in compliance with s. 943.1395. In addition, the
 3055  member’s primary duties and responsibilities must be the
 3056  supervised custody, surveillance, control, investigation,
 3057  apprehension, arrest, and counseling of assigned juveniles
 3058  within the community;
 3059         (j)(k) The member must have already qualified for and be
 3060  actively participating in special risk membership under
 3061  paragraph (a), paragraph (b), or paragraph (c), must have
 3062  suffered a qualifying injury as defined in this paragraph, must
 3063  not be receiving disability retirement benefits as provided in
 3064  s. 121.091(4), and must satisfy the requirements of this
 3065  paragraph.
 3066         1. The ability to qualify for the class of membership
 3067  defined in paragraph (2)(h) (2)(i) occurs when two licensed
 3068  medical physicians, one of whom is a primary treating physician
 3069  of the member, certify the existence of the physical injury and
 3070  medical condition that constitute a qualifying injury as defined
 3071  in this paragraph and that the member has reached maximum
 3072  medical improvement after August 1, 2008. The certifications
 3073  from the licensed medical physicians must include, at a minimum,
 3074  that the injury to the special risk member has resulted in a
 3075  physical loss, or loss of use, of at least two of the following:
 3076  left arm, right arm, left leg, or right leg; and:
 3077         a. That this physical loss or loss of use is total and
 3078  permanent, except if the loss of use is due to a physical injury
 3079  to the member’s brain, in which event the loss of use is
 3080  permanent with at least 75 percent loss of motor function with
 3081  respect to each arm or leg affected.
 3082         b. That this physical loss or loss of use renders the
 3083  member physically unable to perform the essential job functions
 3084  of his or her special risk position.
 3085         c. That, notwithstanding this physical loss or loss of use,
 3086  the individual can perform the essential job functions required
 3087  by the member’s new position, as provided in subparagraph 3.
 3088         d. That use of artificial limbs is not possible or does not
 3089  alter the member’s ability to perform the essential job
 3090  functions of the member’s position.
 3091         e. That the physical loss or loss of use is a direct result
 3092  of a physical injury and not a result of any mental,
 3093  psychological, or emotional injury.
 3094         2. For the purposes of this paragraph, “qualifying injury”
 3095  means an injury sustained in the line of duty, as certified by
 3096  the member’s employing agency, by a special risk member that
 3097  does not result in total and permanent disability as defined in
 3098  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 3099  is a physical injury to the member’s physical body resulting in
 3100  a physical loss, or loss of use, of at least two of the
 3101  following: left arm, right arm, left leg, or right leg.
 3102  Notwithstanding any other provision of this section, an injury
 3103  that would otherwise qualify as a qualifying injury is not
 3104  considered a qualifying injury if and when the member ceases
 3105  employment with the employer for whom he or she was providing
 3106  special risk services on the date the injury occurred.
 3107         3. The new position, as described in sub-subparagraph 1.c.,
 3108  that is required for qualification as a special risk member
 3109  under this paragraph is not required to be a position with
 3110  essential job functions that entitle an individual to special
 3111  risk membership. Whether a new position as described in sub
 3112  subparagraph 1.c. exists and is available to the special risk
 3113  member is a decision to be made solely by the employer in
 3114  accordance with its hiring practices and applicable law.
 3115         4. This paragraph does not grant or create additional
 3116  rights for any individual to continued employment or to be hired
 3117  or rehired by his or her employer that are not already provided
 3118  within the Florida Statutes, the State Constitution, the
 3119  Americans with Disabilities Act, if applicable, or any other
 3120  applicable state or federal law.
 3121         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
 3122         (b) Any member who is a special risk member on July 1,
 3123  2008, and who became eligible to participate under paragraph
 3124  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
 3125  Class membership established by paragraph (3)(h) (3)(i) or
 3126  paragraph (3)(i) (3)(j) shall have his or her special risk
 3127  designation removed and thereafter shall be a Regular Class
 3128  member and earn only Regular Class membership credit. The
 3129  department may review the special risk designation of members to
 3130  determine whether or not those members continue to meet the
 3131  criteria for Special Risk Class membership.
 3132         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
 3133         (d) Notwithstanding any other provision of this subsection,
 3134  this subsection does not apply to any special risk member who
 3135  qualifies for continued membership pursuant to paragraph (3)(j)
 3136  (3)(k).
 3137         (10) CREDIT FOR UPGRADED SERVICE.—
 3138         (c) Any member of the Special Risk Class who has earned
 3139  creditable service through June 30, 2008, in another membership
 3140  class of the Florida Retirement System in a position with the
 3141  Department of Law Enforcement or the Division of State Fire
 3142  Marshal and became covered by the Special Risk Class as
 3143  described in paragraph (3)(h) (3)(i), or with a local government
 3144  law enforcement agency or medical examiner’s office and became
 3145  covered by the Special Risk Class as described in paragraph
 3146  (3)(i) (3)(j), which service is within the purview of the
 3147  Special Risk Class, and is employed in such position on or after
 3148  July 1, 2008, may purchase additional retirement credit to
 3149  upgrade such service to Special Risk Class service, to the
 3150  extent of the percentages of the member’s average final
 3151  compensation provided in s. 121.091(1)(a)2. The cost for such
 3152  credit must be an amount representing the actuarial accrued
 3153  liability for the difference in accrual value during the
 3154  affected period of service. The cost shall be calculated using
 3155  the discount rate and other relevant actuarial assumptions that
 3156  were used to value the Florida Retirement System Pension Plan
 3157  liabilities in the most recent actuarial valuation. The division
 3158  shall ensure that the transfer sum is prepared using a formula
 3159  and methodology certified by an enrolled actuary. The cost must
 3160  be paid immediately upon notification by the division. The local
 3161  government employer may purchase the upgraded service credit on
 3162  behalf of the member if the member has been employed by that
 3163  employer for at least 3 years.
 3164         Section 48. Paragraph (a) of subsection (4) of section
 3165  316.635, Florida Statutes, is amended to read:
 3166         316.635 Courts having jurisdiction over traffic violations;
 3167  powers relating to custody and detention of minors.—
 3168         (4) A minor who willfully fails to appear before any court
 3169  or judicial officer as required by written notice to appear is
 3170  guilty of contempt of court. Upon a finding by a court, after
 3171  notice and a hearing, that a minor is in contempt of court for
 3172  willful failure to appear pursuant to a valid notice to appear,
 3173  the court may:
 3174         (a) For a first offense, order the minor to serve up to 5
 3175  days in a staff-secure shelter as defined in chapter 984 or
 3176  chapter 985 or, if space in a staff-secure shelter is
 3177  unavailable, in a secure juvenile detention center.
 3178         Section 49. Paragraph (a) of subsection (2) of section
 3179  318.143, Florida Statutes, is amended to read:
 3180         318.143 Sanctions for infractions by minors.—
 3181         (2) Failure to comply with one or more of the sanctions
 3182  imposed by the court constitutes contempt of court. Upon a
 3183  finding by the court, after notice and a hearing, that a minor
 3184  is in contempt of court for failure to comply with court-ordered
 3185  sanctions, the court may:
 3186         (a) For a first offense, order the minor to serve up to 5
 3187  days in a staff-secure shelter as defined in chapter 984 or
 3188  chapter 985 or, if space in a staff-secure shelter is
 3189  unavailable, in a secure juvenile detention center.
 3190         Section 50. Except as otherwise expressly provided in this
 3191  act, this act shall take effect July 1, 2014.