Florida Senate - 2014                              CS for SB 700
       
       
        
       By the Committee on Judiciary; and Senators Bradley and Detert
       
       
       
       
       
       590-02104-14                                           2014700c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Juvenile Justice;
    3         amending s. 985.01, F.S.; revising the purposes of ch.
    4         985, F.S., relating to juvenile justice; amending s.
    5         985.02, F.S.; revising the legislative intent and
    6         findings relating to the juvenile justice system;
    7         amending s. 985.03, F.S.; defining and redefining
    8         terms; amending s. 985.0301, F.S.; allowing a child
    9         who has been detained to be transferred to the
   10         detention center or facility in the circuit in which
   11         the child resides or will reside at the time of
   12         detention; deleting provisions relating to the
   13         retention of jurisdiction by the court of a child
   14         under certain circumstances; conforming provisions to
   15         changes made by the act; amending s. 985.037, F.S.;
   16         requiring the court to hold a hearing if a child is
   17         charged with direct contempt of court and to afford
   18         the child due process at such hearing; requiring the
   19         court to review the placement of a child in a secure
   20         detention facility upon motion by the defense or state
   21         attorney; conforming provisions to changes made by the
   22         act; repealing s. 985.105, F.S., relating to youth
   23         custody officers; amending s. 985.11, F.S.; providing
   24         that a child’s fingerprints do not need to be
   25         submitted to the Department of Law Enforcement under
   26         certain circumstances; amending s. 985.14, F.S.;
   27         authorizing juvenile assessment center personnel to
   28         perform the intake process for children in custody of
   29         the Department of Juvenile Justice; providing
   30         requirements for the intake process; amending s.
   31         985.145, F.S.; transferring responsibilities relating
   32         to the intake process from the juvenile probation
   33         officer to the department; creating s. 985.17, F.S.;
   34         providing goals for the department’s prevention
   35         services; requiring the department to engage with
   36         certain faith-based and community-based organizations;
   37         requiring the department to establish volunteer
   38         coordinators; requiring the department to promote a
   39         specified license plate; providing for the use of
   40         funds related to prevention services; amending s.
   41         985.24, F.S.; requiring that a determination or court
   42         order regarding the use of detention care include any
   43         findings that the child illegally possessed a firearm;
   44         authorizing the department to develop evening
   45         reporting centers; providing requirements for such
   46         centers; conforming provisions to changes made by the
   47         act; amending s. 985.245, F.S.; conforming provisions
   48         to changes made by the act; amending s. 985.25, F.S.;
   49         transferring the responsibility for detention intake
   50         from the juvenile probation officer to the department;
   51         requiring that a child be placed in secure detention
   52         care until the child’s detention hearing under certain
   53         circumstances; conforming provisions to changes made
   54         by the act; amending s. 985.255, F.S.; requiring that
   55         a child taken into custody and placed into secure or
   56         nonsecure detention care be given a hearing within a
   57         certain timeframe; authorizing the court to order
   58         continued detention under certain circumstances;
   59         requiring that, if the initial order placing the youth
   60         on detention care does not include a release date, a
   61         release date be requested of the court on the same
   62         date the youth is placed on detention care; requiring
   63         that, if a subsequent hearing is needed to provide
   64         additional information to the court for safety
   65         planning, the initial order reflect the date of the
   66         next detention review hearing, which must be within 3
   67         calendar days after the child’s initial detention
   68         placement; conforming provisions to changes made by
   69         the act; amending s. 985.26, F.S.; conforming
   70         provisions to changes made by the act; amending s.
   71         985.265, F.S.; requiring that detention staff
   72         immediately notify law enforcement, school personnel,
   73         and the victim, when a juvenile charged with a
   74         specified crime is released from secure detention or
   75         transferred to nonsecure detention; conforming
   76         provisions to changes made by the act; amending s.
   77         985.27, F.S.; conforming provisions to changes made by
   78         the act; amending s. 985.275, F.S.; requiring an
   79         authorized agent of the department to notify law
   80         enforcement and attempt to locate a child who has
   81         escaped from a residential commitment facility;
   82         requiring that the victim be notified under certain
   83         circumstances; amending s. 985.433, F.S.; revising
   84         provisions relating to educational goals of a child in
   85         a predisposition report; requiring the department,
   86         rather than the juvenile probation officer, to
   87         recommend to the court the most appropriate treatment
   88         and placement plan; amending s. 985.435, F.S.;
   89         authorizing a probation program to include an
   90         alternative consequence component; providing
   91         requirements for such component; requiring that the
   92         department provide an evaluation of the youth’s risk
   93         to reoffend; conforming provisions to changes made by
   94         the act; amending s. 985.439, F.S.; providing that the
   95         section applies to children on probation or
   96         postcommitment probation, regardless of adjudication;
   97         authorizing the department to establish programs to
   98         provide alternative consequences for certain probation
   99         violations; providing requirements for such programs;
  100         conforming provisions to changes made by the act;
  101         amending s. 985.441, F.S.; providing that the court
  102         may commit a child who is on probation for a
  103         misdemeanor or a certain probation violation only at a
  104         specified restrictiveness level; authorizing the court
  105         to commit such child to a nonsecure residential
  106         placement in certain circumstances; conforming
  107         provisions to changes made by the act; amending s.
  108         985.46, F.S.; providing that conditional release
  109         includes transition-to-adulthood services; requiring
  110         certain students to participate in an educational or
  111         career education program; amending s. 985.461, F.S.;
  112         authorizing the department to provide transition-to
  113         adulthood services under certain circumstances;
  114         authorizing the department to use community reentry
  115         teams composed of certain individuals and entities for
  116         certain purposes; removing age restrictions for youth
  117         who receive transition-to-adulthood services;
  118         requiring the department to assist youth in developing
  119         a portfolio of certain accomplishments and to
  120         collaborate with school districts to facilitate
  121         certain educational services; amending ss. 985.481 and
  122         985.4815, F.S.; deleting obsolete provisions; amending
  123         s. 985.601, F.S.; providing legislative intent;
  124         requiring the department to contract for programs to
  125         provide trauma-informed care, family engagement
  126         resources, and gender-specific programming;
  127         authorizing the department to pay expenses in support
  128         of certain programs; repealing s. 985.605, F.S.,
  129         relating to prevention service programs, monitoring,
  130         and uniform performance measures; repealing s.
  131         985.606, F.S., relating to prevention services
  132         providers, performance data collection, and reporting;
  133         repealing s. 985.61, F.S., relating to early
  134         delinquency intervention programs; amending s.
  135         985.632, F.S.; revising legislative intent to include
  136         that the department establish a performance
  137         accountability system for certain providers that
  138         contract with the department; providing requirements
  139         for such contracts; requiring that the department’s
  140         Bureau of Research and Planning submit a report to the
  141         Legislature; providing requirements for the report;
  142         defining terms; requiring that the department develop,
  143         in consultation with specified entities, a standard
  144         methodology for measuring, evaluating, and reporting;
  145         providing requirements for the methodology; deleting
  146         reporting requirements related to cost data; revising
  147         the requirements of the department’s cost
  148         effectiveness model; requiring the department to
  149         establish a quality improvement system rather than a
  150         quality assurance system; conforming provisions to
  151         changes made by the act; amending s. 985.644, F.S.;
  152         providing that specified individuals are not required
  153         to submit to certain screenings under certain
  154         circumstances; creating s. 985.6441, F.S.; defining
  155         the terms “hospital” and “health care provider”;
  156         limiting the department’s compensation of health care
  157         providers; amending s. 985.66, F.S.; revising the
  158         purpose of juvenile justice programs and courses;
  159         revising the duties of the department for staff
  160         development and training; providing that employees of
  161         certain contract providers may participate in the
  162         training program; amending s. 985.664, F.S.; requiring
  163         the juvenile justice circuit advisory board, rather
  164         than the secretary of the department, to appoint a new
  165         chair to that board; providing that the chair serves
  166         at the pleasure of the secretary; amending s. 985.672,
  167         F.S.; redefining the term “direct-support
  168         organization”; authorizing the department to allow the
  169         use of personnel services of the juvenile justice
  170         system by a direct-support organization; amending s.
  171         985.682, F.S.; deleting provisions relating to a
  172         statewide study; conforming provisions to changes made
  173         by the act; amending s. 985.69, F.S.; providing for
  174         repair and maintenance funding for juvenile justice
  175         purposes; repealing s. 985.694, F.S., relating to the
  176         Juvenile Care and Maintenance Trust Fund; amending s.
  177         985.701, F.S.; defining the term “juvenile offender”;
  178         removing the requirement that the juvenile be detained
  179         by, supervised by, or committed to the custody of the
  180         department for the purposes of charging sexual
  181         misconduct by an employee of the department; creating
  182         s. 985.702, F.S.; defining terms; prohibiting an
  183         employee from willfully and maliciously neglecting a
  184         juvenile offender; providing criminal penalties;
  185         providing for dismissal from employment with the
  186         department; requiring an employee to report certain
  187         information; requiring the department’s inspector
  188         general to conduct an appropriate administrative
  189         investigation; requiring that the inspector general
  190         notify the state attorney under certain circumstances;
  191         amending s. 943.0582, F.S.; requiring that the
  192         department expunge the nonjudicial arrest record of
  193         certain minors under certain circumstances; repealing
  194         s. 945.75, F.S., relating to tours of state
  195         correctional facilities for juveniles; amending s.
  196         121.0515, F.S.; conforming provisions to changes made
  197         by the act; amending ss. 985.045 and 985.721, F.S.;
  198         conforming cross-references; providing an effective
  199         date.
  200          
  201  Be It Enacted by the Legislature of the State of Florida:
  202  
  203         Section 1. Section 985.01, Florida Statutes, is amended to
  204  read:
  205         985.01 Purposes and intent.—
  206         (1) The purposes of this chapter are:
  207         (a) To increase public safety by reducing juvenile
  208  delinquency through effective prevention, intervention, and
  209  treatment services that strengthen and reform the lives of
  210  children.
  211         (b)(a) To provide judicial and other procedures to assure
  212  due process through which children, victims, and other
  213  interested parties are assured fair hearings by a respectful and
  214  respected court or other tribunal and the recognition,
  215  protection, and enforcement of their constitutional and other
  216  legal rights, while ensuring that public safety interests and
  217  the authority and dignity of the courts are adequately
  218  protected.
  219         (c)(b) To provide for the care, safety, and protection of
  220  children in an environment that fosters healthy social,
  221  emotional, intellectual, educational, and physical development;
  222  to ensure secure and safe custody; and to promote the health and
  223  well-being of all children under the state’s care.
  224         (d)(c) To ensure the protection of society, by providing
  225  for a comprehensive standardized assessment of the child’s needs
  226  so that the most appropriate control, discipline, punishment,
  227  and treatment can be administered consistent with the
  228  seriousness of the act committed, the community’s long-term need
  229  for public safety, the prior record of the child, and the
  230  specific rehabilitation needs of the child, while also
  231  providing, whenever possible, restitution to the victim of the
  232  offense.
  233         (e)(d) To preserve and strengthen the child’s family ties,
  234  whenever possible, by providing for removal of the child from
  235  the physical custody of a parent parental custody only when his
  236  or her welfare or the safety and protection of the public cannot
  237  be adequately safeguarded without such removal; and, when the
  238  child is removed from his or her own family, to secure custody,
  239  care, and discipline for the child as nearly as possible
  240  equivalent to that which should have been given by the parents;
  241  and to assure, in all cases in which a child must be permanently
  242  removed from parental custody, that the child be placed in an
  243  approved family home, adoptive home, independent living program,
  244  or other placement that provides the most stable and permanent
  245  living arrangement for the child, as determined by the court.
  246         (f)(e)1. To assure that the adjudication and disposition of
  247  a child alleged or found to have committed a violation of
  248  Florida law be exercised with appropriate discretion and in
  249  keeping with the seriousness of the offense and the need for
  250  treatment services, and that all findings made under this
  251  chapter be based upon facts presented at a hearing that meets
  252  the constitutional standards of fundamental fairness and due
  253  process.
  254         2. To assure that the sentencing and placement of a child
  255  tried as an adult be appropriate and in keeping with the
  256  seriousness of the offense and the child’s need for
  257  rehabilitative services, and that the proceedings and procedures
  258  applicable to such sentencing and placement be applied within
  259  the full framework of constitutional standards of fundamental
  260  fairness and due process.
  261         (g)(f) To provide children committed to the department with
  262  training in life skills, including career and technical
  263  education, if appropriate.
  264         (h) To care for children in the least restrictive and most
  265  appropriate service environments.
  266         (i) To allocate resources for the most effective programs,
  267  services, and treatments to ensure that children, their
  268  families, and their community support systems are connected with
  269  these programs, services, and treatments at the most impactful
  270  points along the juvenile justice continuum.
  271         (2) It is the intent of the Legislature that this chapter
  272  be liberally interpreted and construed in conformity with its
  273  declared purposes.
  274         Section 2. Section 985.02, Florida Statutes, is amended to
  275  read:
  276         985.02 Legislative intent for the juvenile justice system.—
  277         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  278  the Legislature that the children of this state be provided with
  279  the following protections:
  280         (a) Protection from abuse, neglect, and exploitation.
  281         (b) A permanent and stable home.
  282         (c) A safe and nurturing environment that which will
  283  preserve a sense of personal dignity and integrity.
  284         (d) Adequate nutrition, shelter, and clothing.
  285         (e) Effective treatment to address physical, social, and
  286  emotional needs, regardless of geographical location.
  287         (f) Equal opportunity and access to quality and effective
  288  education, which will meet the individual needs of each child,
  289  and to recreation and other community resources to develop
  290  individual abilities.
  291         (g) Access to preventive services.
  292         (h)An independent, trained advocate when intervention is
  293  necessary, and a skilled guardian or caretaker in a safe
  294  environment when alternative placement is necessary.
  295         (h)(i) Gender-specific programming and gender-specific
  296  program models and services that comprehensively address the
  297  needs of a targeted gender group.
  298         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  299  children in the care of the state’s dependency and delinquency
  300  system systems need appropriate health care services, that the
  301  impact of substance abuse on health indicates the need for
  302  health care services to include substance abuse services where
  303  appropriate, and that it is in the state’s best interest that
  304  such children be provided the services they need to enable them
  305  to become and remain independent of state care. In order to
  306  provide these services, the state’s dependency and delinquency
  307  system systems must have the ability to identify and provide
  308  appropriate intervention and treatment for children with
  309  personal or family-related substance abuse problems. It is
  310  therefore the purpose of the Legislature to provide authority
  311  for the state to contract with community substance abuse
  312  treatment providers for the development and operation of
  313  specialized support and overlay services for the dependency and
  314  delinquency system systems, which will be fully implemented and
  315  used utilized as resources permit.
  316         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  317  policy of the state with respect to juvenile justice and
  318  delinquency prevention to first protect the public from acts of
  319  delinquency. In addition, it is the policy of the state to:
  320         (a) Develop and implement effective methods of preventing
  321  and reducing acts of delinquency, with a focus on maintaining
  322  and strengthening the family as a whole so that children may
  323  remain in their homes or communities.
  324         (b) Develop and implement effective programs to prevent
  325  delinquency, to divert children from the traditional juvenile
  326  justice system, to intervene at an early stage of delinquency,
  327  and to provide critically needed alternatives to
  328  institutionalization and deep-end commitment.
  329         (c) Provide well-trained personnel, high-quality services,
  330  and cost-effective programs within the juvenile justice system.
  331         (d) Increase the capacity of local governments and public
  332  and private agencies to conduct rehabilitative treatment
  333  programs and to provide research, evaluation, and training
  334  services in the field of juvenile delinquency prevention.
  335  
  336  The Legislature intends that detention care, in addition to
  337  providing secure and safe custody, will promote the health and
  338  well-being of the children committed thereto and provide an
  339  environment that fosters their social, emotional, intellectual,
  340  and physical development.
  341         (4) DETENTION.—
  342         (a) The Legislature finds that there is a need for a secure
  343  placement for certain children alleged to have committed a
  344  delinquent act. The Legislature finds that detention should be
  345  used only when less restrictive interim placement alternatives
  346  before prior to adjudication and disposition are not
  347  appropriate. The Legislature further finds that decisions to
  348  detain should be based in part on a prudent assessment of risk
  349  and be limited to situations where there is clear and convincing
  350  evidence that a child presents a risk of failing to appear or
  351  presents a substantial risk of inflicting bodily harm on others
  352  as evidenced by recent behavior; presents a history of
  353  committing a serious property offense prior to adjudication,
  354  disposition, or placement; has acted in direct or indirect
  355  contempt of court; or requests protection from imminent bodily
  356  harm.
  357         (b) The Legislature intends that a juvenile found to have
  358  committed a delinquent act understands the consequences and the
  359  serious nature of such behavior. Therefore, the Legislature
  360  finds that secure detention is appropriate to provide punishment
  361  for juveniles who pose a threat to public safety that
  362  discourages further delinquent behavior. The Legislature also
  363  finds that certain juveniles have committed a sufficient number
  364  of criminal acts, including acts involving violence to persons,
  365  to represent sufficient danger to the community to warrant
  366  sentencing and placement within the adult system. It is the
  367  intent of the Legislature to establish clear criteria in order
  368  to identify these juveniles and remove them from the juvenile
  369  justice system.
  370         (5) SITING OF FACILITIES.—
  371         (a) The Legislature finds that timely siting and
  372  development of needed residential facilities for juvenile
  373  offenders is critical to the public safety of the citizens of
  374  this state and to the effective rehabilitation of juvenile
  375  offenders.
  376         (b) It is the purpose of the Legislature to guarantee that
  377  such facilities are sited and developed within reasonable
  378  timeframes after they are legislatively authorized and
  379  appropriated.
  380         (c) The Legislature further finds that such facilities must
  381  be located in areas of the state close to the home communities
  382  of the children they house in order to ensure the most effective
  383  rehabilitation efforts, and the most intensive postrelease
  384  supervision, and case management. The placement of facilities
  385  close to the home communities of the children they house is also
  386  intended to facilitate family involvement in the treatment
  387  process. Residential facilities may not shall have no more than
  388  90 165 beds each, including campus-style programs, unless those
  389  campus-style programs include more than one level of
  390  restrictiveness, provide multilevel education and treatment
  391  program programs using different treatment protocols, and have
  392  facilities that coexist separately in distinct locations on the
  393  same property.
  394         (d) It is the intent of the Legislature that all other
  395  departments and agencies of the state shall cooperate fully with
  396  the Department of Juvenile Justice to accomplish the siting of
  397  facilities for juvenile offenders.
  398  
  399  The supervision, counseling, and rehabilitative treatment, and
  400  punitive efforts of the juvenile justice system should avoid the
  401  inappropriate use of correctional programs and large
  402  institutions. The Legislature finds that detention services
  403  should exceed the primary goal of providing safe and secure
  404  custody pending adjudication and disposition.
  405         (6) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  406  Parents, custodians, and guardians are deemed by the state to be
  407  responsible for providing their children with sufficient
  408  support, guidance, and supervision to deter their participation
  409  in delinquent acts. The state further recognizes that the
  410  ability of parents, custodians, and guardians to fulfill those
  411  responsibilities can be greatly impaired by economic, social,
  412  behavioral, emotional, and related problems. It is therefore the
  413  policy of the Legislature that it is the state’s responsibility
  414  to ensure that factors impeding the ability of caretakers to
  415  fulfill their responsibilities are identified through the
  416  delinquency intake process and that appropriate recommendations
  417  to address those problems are considered in any judicial or
  418  nonjudicial proceeding. Nonetheless, as it is also the intent of
  419  the Legislature to preserve and strengthen the child’s family
  420  ties, it is the policy of the Legislature that the emotional,
  421  legal, and financial responsibilities of the caretaker with
  422  regard to the care, custody, and support of the child continue
  423  while the child is in the physical or legal custody of the
  424  department.
  425         (7) GENDER-SPECIFIC PROGRAMMING.—
  426         (a) The Legislature finds that the prevention, treatment,
  427  and rehabilitation needs of children youth served by the
  428  juvenile justice system are gender specific gender-specific.
  429         (b) Gender-specific programming refers to unique program
  430  models and services that comprehensively address the needs of a
  431  targeted gender group. Gender-specific services require the
  432  adherence to the principle of equity to ensure that the
  433  different interests of young women and men are recognized and
  434  varying needs are met, with equality as the desired outcome.
  435  Gender-specific programming focuses on the differences between
  436  young females’ and young males’ roles and responsibilities,
  437  positions in society, access to and use of resources, and social
  438  codes governing behavior. Gender-specific programs increase the
  439  effectiveness of programs by making interventions more
  440  appropriate to the specific needs of young women and men and
  441  ensuring that these programs do not unknowingly create,
  442  maintain, or reinforce gender roles or relations that may be
  443  damaging.
  444         (8)TRAUMA-INFORMED CARE.—The Legislature finds that the
  445  department should use trauma-informed care as an approach to
  446  treating children with histories of trauma. Trauma-informed care
  447  assists service providers in recognizing the symptoms of trauma
  448  and acknowledges the role trauma has played in the child’s life.
  449  Services for children should be based on an understanding of the
  450  vulnerabilities and triggers of trauma survivors which
  451  traditional service delivery approaches may exacerbate so that
  452  these services and programs can be more supportive and avoid re
  453  traumatization. The department should use trauma-specific
  454  interventions that are designed to address the consequences of
  455  trauma in the child and to facilitate healing.
  456         (9)FAMILY AND COMMUNITY ENGAGEMENT.—The Legislature finds
  457  that families and community support systems are critical to the
  458  success of children and to ensure that they are nondelinquent.
  459  Therefore, if appropriate, children who can be held accountable
  460  safely through serving and treating them in their homes and
  461  communities should be diverted from more restrictive placements
  462  within the juvenile justice system. The Legislature also finds
  463  that there should be an emphasis on strengthening the family and
  464  immersing them in their community support system. The department
  465  should develop customized plans that acknowledge the importance
  466  of family and community support systems. The customized plans
  467  should recognize a child’s individual needs, capitalize on his
  468  or her strengths, reduce risk to the child, and prepare the
  469  child for a successful transition to, and unification with, his
  470  or her family and community support system. The child’s family
  471  shall be included in the department’s process of assessing the
  472  needs, services and treatment, and community connections of the
  473  children who are involved with the juvenile justice system or in
  474  danger of becoming so involved.
  475         Section 3. Section 985.03, Florida Statutes, is reordered
  476  and amended to read:
  477         985.03 Definitions.—As used in this chapter, the term:
  478         (1) “Abscond means to hide, conceal, or absent oneself
  479  from the jurisdiction of the court or supervision of the
  480  department to avoid prosecution or supervision.
  481         (2)(1) “Addictions receiving facility” means a substance
  482  abuse service provider as defined in chapter 397.
  483         (3)(2) “Adjudicatory hearing” means a hearing for the court
  484  to determine whether or not the facts support the allegations
  485  stated in the petition, as is provided for under s. 985.35 in
  486  delinquency cases.
  487         (4)(3) “Adult” means any natural person other than a child.
  488         (5)(4) “Arbitration” means a process whereby a neutral
  489  third person or panel, called an arbitrator or an arbitration
  490  panel, considers the facts and arguments presented by the
  491  parties and renders a decision, which may be binding or
  492  nonbinding.
  493         (6)(5) “Authorized agent” or “designee” of the department
  494  means a person or agency assigned or designated by the
  495  department or the Department of Children and Family Services, as
  496  appropriate, to perform duties or exercise powers under this
  497  chapter. The term and includes contract providers and their
  498  employees for purposes of providing services to and managing
  499  cases of children in need of services and families in need of
  500  services.
  501         (7)(6) “Child,or “juvenile,” or “youth” means any
  502  unmarried person younger than under the age of 18 years of age
  503  who has not been emancipated by order of the court and who has
  504  been found or alleged to be dependent, in need of services, or
  505  from a family in need of services; or any married or unmarried
  506  person who is alleged to have committed charged with a violation
  507  of law occurring before prior to the time that person reaches
  508  reached the age of 18 years of age.
  509         (8)(7) “Child in need of services” has the same meaning as
  510  provided in s. 984.03 means a child for whom there is no pending
  511  investigation into an allegation or suspicion of abuse, neglect,
  512  or abandonment; no pending referral alleging the child is
  513  delinquent; or no current supervision by the department or the
  514  Department of Children and Family Services for an adjudication
  515  of dependency or delinquency. The child must also, under this
  516  chapter, be found by the court:
  517         (a) To have persistently run away from the child’s parents
  518  or legal custodians despite reasonable efforts of the child, the
  519  parents or legal custodians, and appropriate agencies to remedy
  520  the conditions contributing to the behavior. Reasonable efforts
  521  shall include voluntary participation by the child’s parents or
  522  legal custodians and the child in family mediation, services,
  523  and treatment offered by the department or the Department of
  524  Children and Family Services;
  525         (b) To be habitually truant from school, while subject to
  526  compulsory school attendance, despite reasonable efforts to
  527  remedy the situation under ss. 1003.26 and 1003.27 and through
  528  voluntary participation by the child’s parents or legal
  529  custodians and by the child in family mediation, services, and
  530  treatment offered by the Department of Juvenile Justice or the
  531  Department of Children and Family Services; or
  532         (c) To have persistently disobeyed the reasonable and
  533  lawful demands of the child’s parents or legal custodians, and
  534  to be beyond their control despite efforts by the child’s
  535  parents or legal custodians and appropriate agencies to remedy
  536  the conditions contributing to the behavior. Reasonable efforts
  537  may include such things as good faith participation in family or
  538  individual counseling.
  539         (9)(8) “Child who has been found to have committed a
  540  delinquent act” means a child who, under this chapter, is found
  541  by a court to have committed a violation of law or to be in
  542  direct or indirect contempt of court. The term, except that this
  543  definition does not include a child who commits an act
  544  constituting contempt of court arising out of a dependency
  545  proceeding or a proceeding concerning a child or family in need
  546  of services.
  547         (9) “Child support” means a court-ordered obligation,
  548  enforced under chapter 61 and ss. 409.2551-409.2597, for
  549  monetary support for the care, maintenance, training, and
  550  education of a child.
  551         (10) “Circuit” means any of the 20 judicial circuits as set
  552  forth in s. 26.021.
  553         (11) “Comprehensive assessment” or “assessment” means the
  554  gathering of information for the evaluation of a juvenile
  555  offender’s or a child’s physical, psychological, educational,
  556  career and technical educational vocational, and social
  557  condition and family environment as they relate to the child’s
  558  need for rehabilitative and treatment services, including
  559  substance abuse treatment services, mental health services,
  560  developmental services, literacy services, medical services,
  561  family services, and other specialized services, as appropriate.
  562         (12) “Conditional release” means the care, treatment, help,
  563  transition-to-adulthood services, and supervision provided to a
  564  juvenile released from a residential commitment program which is
  565  intended to promote rehabilitation and prevent recidivism. The
  566  purpose of conditional release is to protect the public, reduce
  567  recidivism, increase responsible productive behavior, and
  568  provide for a successful transition of the youth from the
  569  department to his or her the family. Conditional release
  570  includes, but is not limited to, nonresidential community-based
  571  programs.
  572         (13) “Court,unless otherwise expressly stated, means the
  573  circuit court assigned to exercise jurisdiction under this
  574  chapter, unless otherwise expressly stated.
  575         (14) “Day treatment” means a nonresidential, community
  576  based program designed to provide therapeutic intervention to
  577  youth served by the department or who are placed on probation or
  578  conditional release or are committed to the minimum-risk
  579  nonresidential level. A day-treatment day treatment program may
  580  provide educational and career and technical educational
  581  vocational services and shall provide case management services;
  582  individual, group, and family counseling; training designed to
  583  address delinquency risk factors; and monitoring of a youth’s
  584  compliance with, and facilitation of a youth’s completion of,
  585  sanctions if ordered by the court. Program types may include,
  586  but are not limited to, career programs, marine programs,
  587  juvenile justice alternative schools, training and
  588  rehabilitation programs, and gender-specific programs.
  589         (15)(a) “Delinquency program” means any intake, probation,
  590  or similar program; regional detention center or facility; or
  591  community-based program, whether owned and operated by or
  592  contracted by the department, or institution-owned institution
  593  owned and operated by or contracted by the department, which
  594  provides intake, supervision, or custody and care of children
  595  who are alleged to be or who have been found to be delinquent
  596  under this chapter.
  597         (b) “Delinquency program staff” means supervisory and
  598  direct care staff of a delinquency program as well as support
  599  staff who have direct contact with children in a delinquency
  600  program.
  601         (c) “Delinquency prevention programs” means programs
  602  designed for the purpose of reducing the occurrence of
  603  delinquency, including criminal gang activity, and juvenile
  604  arrests. The term excludes arbitration, diversionary or
  605  mediation programs, and community service work or other
  606  treatment available subsequent to a child committing a
  607  delinquent act.
  608         (16) “Department” means the Department of Juvenile Justice.
  609         (17) “Designated facility” or “designated treatment
  610  facility” means any facility designated by the department to
  611  provide treatment to juvenile offenders.
  612         (18) “Detention care” means the temporary care of a child
  613  in secure or, nonsecure, or home detention, pending a court
  614  adjudication or disposition or execution of a court order. There
  615  are two three types of detention care, as follows:
  616         (a) “Secure detention” means temporary custody of the child
  617  while the child is under the physical restriction of a secure
  618  detention center or facility pending adjudication, disposition,
  619  or placement.
  620         (b) “Nonsecure detention” means temporary custody of the
  621  child while the child is in a residential home in the community
  622  in a physically nonrestrictive environment under the supervision
  623  of the Department of Juvenile Justice pending adjudication,
  624  disposition, or placement.
  625         (c) “Home detention” means temporary nonsecure detention
  626  custody of the child while the child is released to the custody
  627  of the parent, guardian, or custodian in a physically
  628  nonrestrictive environment under the supervision of the
  629  department staff pending adjudication, disposition, or
  630  placement. Forms of nonsecure detention include, but are not
  631  limited to, home detention, electronic monitoring, day-reporting
  632  centers, evening-reporting centers, and nonsecure shelters.
  633  Nonsecure detention may include other requirements imposed by
  634  the court.
  635         (19) “Detention center or facility” means a facility used
  636  pending court adjudication or disposition or execution of court
  637  order for the temporary care of a child alleged or found to have
  638  committed a violation of law. A detention center or facility
  639  provides may provide secure or nonsecure custody. A facility
  640  used for the commitment of adjudicated delinquents is shall not
  641  be considered a detention center or facility.
  642         (20) “Detention hearing” means a hearing for the court to
  643  determine if a child should be placed in temporary custody, as
  644  provided for under part V in delinquency cases.
  645         (21) “Disposition hearing” means a hearing in which the
  646  court determines the most appropriate dispositional services in
  647  the least restrictive available setting provided for under part
  648  VII, in delinquency cases.
  649         (22) “Family” means a collective of persons, consisting of
  650  a child and a parent, guardian, adult custodian, or adult
  651  relative, in which:
  652         (a) The persons reside in the same house or living unit; or
  653         (b) The parent, guardian, adult custodian, or adult
  654  relative has a legal responsibility by blood, marriage, or court
  655  order to support or care for the child.
  656         (23) “Family in need of services” has the same meaning as
  657  provided in s. 984.03 means a family that has a child for whom
  658  there is no pending investigation into an allegation of abuse,
  659  neglect, or abandonment or no current supervision by the
  660  department or the Department of Children and Family Services for
  661  an adjudication of dependency or delinquency. The child must
  662  also have been referred to a law enforcement agency or the
  663  department for:
  664         (a) Running away from parents or legal custodians;
  665         (b) Persistently disobeying reasonable and lawful demands
  666  of parents or legal custodians, and being beyond their control;
  667  or
  668         (c) Habitual truancy from school.
  669         (24) “Foster care” means care provided a child in a foster
  670  family or boarding home, group home, agency boarding home, child
  671  care institution, or any combination thereof.
  672         (25) “Habitually truant” means that:
  673         (a) The child has 15 unexcused absences within 90 calendar
  674  days with or without the knowledge or justifiable consent of the
  675  child’s parent or legal guardian, is subject to compulsory
  676  school attendance under s. 1003.21(1) and (2)(a), and is not
  677  exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
  678  specified by law or the rules of the State Board of Education.
  679         (b) Escalating activities to determine the cause, and to
  680  attempt the remediation, of the child’s truant behavior under
  681  ss. 1003.26 and 1003.27 have been completed.
  682  
  683  If a child who is subject to compulsory school attendance is
  684  responsive to the interventions described in ss. 1003.26 and
  685  1003.27 and has completed the necessary requirements to pass the
  686  current grade as indicated in the district pupil progression
  687  plan, the child shall not be determined to be habitually truant
  688  and shall be passed. If a child within the compulsory school
  689  attendance age has 15 unexcused absences within 90 calendar days
  690  or fails to enroll in school, the state attorney may file a
  691  child-in-need-of-services petition. Before filing a petition,
  692  the child must be referred to the appropriate agency for
  693  evaluation. After consulting with the evaluating agency, the
  694  state attorney may elect to file a child-in-need-of-services
  695  petition.
  696         (c) A school representative, designated according to school
  697  board policy, and a juvenile probation officer of the department
  698  have jointly investigated the truancy problem or, if that was
  699  not feasible, have performed separate investigations to identify
  700  conditions that could be contributing to the truant behavior;
  701  and if, after a joint staffing of the case to determine the
  702  necessity for services, such services were determined to be
  703  needed, the persons who performed the investigations met jointly
  704  with the family and child to discuss any referral to appropriate
  705  community agencies for economic services, family or individual
  706  counseling, or other services required to remedy the conditions
  707  that are contributing to the truant behavior.
  708         (d) The failure or refusal of the parent or legal guardian
  709  or the child to participate, or make a good faith effort to
  710  participate, in the activities prescribed to remedy the truant
  711  behavior, or the failure or refusal of the child to return to
  712  school after participation in activities required by this
  713  subsection, or the failure of the child to stop the truant
  714  behavior after the school administration and the department have
  715  worked with the child as described in s. 1003.27(3) shall be
  716  handled as prescribed in s. 1003.27.
  717         (26) “Halfway house” means a community-based residential
  718  program for 10 or more committed delinquents at the moderate
  719  risk commitment level which is operated or contracted by the
  720  department.
  721         (24)(27) “Intake” means the initial acceptance and
  722  screening by the department or juvenile assessment center
  723  personnel of a complaint or a law enforcement report or probable
  724  cause affidavit of delinquency, family in need of services, or
  725  child in need of services to determine the recommendation to be
  726  taken in the best interests of the child, the family, and the
  727  community. The emphasis of intake is on diversion and the least
  728  restrictive available services and. Consequently, intake
  729  includes such alternatives such as:
  730         (a) The disposition of the complaint, report, or probable
  731  cause affidavit without court or public agency action or
  732  judicial handling, if when appropriate.
  733         (b) The referral of the child to another public or private
  734  agency, if when appropriate.
  735         (c) The recommendation by the department juvenile probation
  736  officer of judicial handling, if when appropriate and warranted.
  737         (25)(28) “Judge” means the circuit judge exercising
  738  jurisdiction pursuant to this chapter.
  739         (26)(29) “Juvenile justice continuum” includes, but is not
  740  limited to, delinquency prevention programs and services
  741  designed for the purpose of preventing or reducing delinquent
  742  acts, including criminal activity by criminal gangs, and
  743  juvenile arrests, as well as programs and services targeted at
  744  children who have committed delinquent acts, and children who
  745  have previously been committed to residential treatment programs
  746  for delinquents. The term includes children-in-need-of-services
  747  and families-in-need-of-services programs under chapter 984;
  748  conditional release; substance abuse and mental health programs;
  749  educational and career programs; recreational programs;
  750  community services programs; community service work programs;
  751  mother-infant programs; and alternative dispute resolution
  752  programs serving children at risk of delinquency and their
  753  families, whether offered or delivered by state or local
  754  governmental entities, public or private for-profit or not-for
  755  profit organizations, or religious or charitable organizations.
  756         (27)(30) “Juvenile probation officer” means the authorized
  757  agent of the department who performs the intake, case
  758  management, or supervision functions.
  759         (28)(31) “Legal custody or guardian” means a legal status
  760  created by court order or letter of guardianship which vests in
  761  a custodian of the person or guardian, whether an agency or an
  762  individual, the right to have physical custody of the child and
  763  the right and duty to protect, train, and discipline the child
  764  and to provide him or her with food, shelter, education, and
  765  ordinary medical, dental, psychiatric, and psychological care.
  766         (29)(32) “Licensed child-caring agency” means a person,
  767  society, association, or agency licensed by the Department of
  768  Children and Families Family Services to care for, receive, and
  769  board children.
  770         (30)(33) “Licensed health care professional” means a
  771  physician licensed under chapter 458, an osteopathic physician
  772  licensed under chapter 459, a nurse licensed under part I of
  773  chapter 464, a physician assistant licensed under chapter 458 or
  774  chapter 459, or a dentist licensed under chapter 466.
  775         (31)(34) “Likely to injure oneself” means that, as
  776  evidenced by violent or other actively self-destructive
  777  behavior, it is more likely than not that within a 24-hour
  778  period the child will attempt to commit suicide or inflict
  779  serious bodily harm on himself or herself.
  780         (32)(35) “Likely to injure others” means that it is more
  781  likely than not that within a 24-hour period the child will
  782  inflict serious and unjustified bodily harm on another person.
  783         (33)(36) “Mediation” means a process whereby a neutral
  784  third person called a mediator acts to encourage and facilitate
  785  the resolution of a dispute between two or more parties. It is
  786  an informal and nonadversarial process with the objective of
  787  helping the disputing parties reach a mutually acceptable and
  788  voluntary agreement. In mediation, decisionmaking authority
  789  rests with the parties. The role of the mediator includes, but
  790  is not limited to, assisting the parties in identifying issues,
  791  fostering joint problem solving, and exploring settlement
  792  alternatives.
  793         (34)(37) “Mother-infant program” means a residential
  794  program designed to serve the needs of juvenile mothers or
  795  expectant juvenile mothers who are committed as delinquents,
  796  which is operated or contracted by the department. A mother
  797  infant program facility must be licensed as a child care
  798  facility under s. 402.308 and must provide the services and
  799  support necessary to enable each juvenile mother committed to
  800  the facility to provide for the needs of her infant infants who,
  801  upon agreement of the mother, may accompany her in the program.
  802         (35)(38) “Necessary medical treatment” means care that
  803  which is necessary within a reasonable degree of medical
  804  certainty to prevent the deterioration of a child’s condition or
  805  to alleviate immediate pain of a child.
  806         (36)(39) “Next of kin” means an adult relative of a child
  807  who is the child’s brother, sister, grandparent, aunt, uncle, or
  808  first cousin.
  809         (37)(40) “Ordinary medical care” means medical procedures
  810  that are administered or performed on a routine basis and
  811  includes, but is include, but are not limited to, inoculations,
  812  physical examinations, remedial treatment for minor illnesses
  813  and injuries, preventive services, medication management,
  814  chronic disease detection and treatment, and other medical
  815  procedures that are administered or performed on a routine basis
  816  and that do not involve hospitalization, surgery, the use of
  817  general anesthesia, or the provision of psychotropic
  818  medications.
  819         (38)(41) “Parent” means a woman who gives birth to a child
  820  and a man whose consent to the adoption of the child would be
  821  required under s. 63.062(1). If a child has been legally
  822  adopted, the term “parent” means the adoptive mother or father
  823  of the child. The term does not include an individual whose
  824  parental relationship to a the child has been legally
  825  terminated, or an alleged or prospective parent, unless the
  826  parental status falls within the terms of either s. 39.503(1) or
  827  s. 63.062(1).
  828         (39)(42) “Preliminary screening” means the gathering of
  829  preliminary information to be used in determining a child’s need
  830  for further evaluation or assessment or for referral for other
  831  substance abuse services through means such as psychosocial
  832  interviews,; urine and breathalyzer screenings,; and reviews of
  833  available educational, delinquency, and dependency records of
  834  the child.
  835         (40) “Prevention” means programs, strategies, initiatives,
  836  and networks designed to keep children from making initial or
  837  further contact with the juvenile justice system.
  838         (43) “Preventive services” means social services and other
  839  supportive and rehabilitative services provided to the parent of
  840  the child, the legal guardian of the child, or the custodian of
  841  the child and to the child for the purpose of averting the
  842  removal of the child from the home or disruption of a family
  843  which will or could result in the placement of a child in foster
  844  care. Social services and other supportive and rehabilitative
  845  services shall promote the child’s need for a safe, continuous,
  846  stable living environment and shall promote family autonomy and
  847  shall strengthen family life as the first priority whenever
  848  possible.
  849         (41)(44) “Probation” means the legal status of probation
  850  created by law and court order in cases involving a child who
  851  has been found to have committed a delinquent act. Probation is
  852  an individualized program in which the freedom of the child is
  853  limited and the child is restricted to noninstitutional quarters
  854  or restricted to the child’s home in lieu of commitment to the
  855  custody of the department. Youth on probation may be assessed
  856  and classified for placement in day-treatment probation programs
  857  designed for youth who represent a minimum risk to themselves
  858  and public safety and who do not require placement and services
  859  in a residential setting.
  860         (42)(45) “Relative” means a grandparent, great-grandparent,
  861  sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
  862  niece, or nephew, whether related by the whole or half blood, by
  863  affinity, or by adoption. The term does not include a
  864  stepparent.
  865         (43)(46) “Restrictiveness level” means the level of
  866  programming and security provided by programs that service the
  867  supervision, custody, care, and treatment needs of committed
  868  children. Sections 985.601(10) and 985.721 apply to children
  869  placed in programs at any residential commitment level. The
  870  restrictiveness levels of commitment are as follows:
  871         (a) Minimum-risk nonresidential.—Programs or program models
  872  at this commitment level work with youth who remain in the
  873  community and participate at least 5 days per week in a day
  874  treatment day treatment program. Youth assessed and classified
  875  for programs at this commitment level represent a minimum risk
  876  to themselves and public safety and do not require placement and
  877  services in residential settings. Youth in this level have full
  878  access to, and reside in, the community. Youth who have been
  879  found to have committed delinquent acts that involve firearms,
  880  that are sexual offenses, or that would be life felonies or
  881  first-degree first degree felonies if committed by an adult may
  882  not be committed to a program at this level.
  883         (b) Low-risk residential.—Programs or program models at
  884  this commitment level are residential but may allow youth to
  885  have unsupervised access to the community. Residential
  886  facilities shall have no more than 165 beds each, including
  887  campus-style programs, unless those campus-style programs
  888  include more than one level of restrictiveness, provide
  889  multilevel education and treatment programs using different
  890  treatment protocols, and have facilities that coexist separately
  891  in distinct locations on the same property. Youth assessed and
  892  classified for placement in programs at this commitment level
  893  represent a low risk to themselves and public safety but do
  894  require placement and services in residential settings. Children
  895  who have been found to have committed delinquent acts that
  896  involve firearms, delinquent acts that are sexual offenses, or
  897  delinquent acts that would be life felonies or first degree
  898  felonies if committed by an adult shall not be committed to a
  899  program at this level.
  900         (b)(c)Nonsecure Moderate-risk residential.—Programs or
  901  program models at this commitment level are residential but may
  902  allow youth to have supervised access to the community.
  903  Facilities at this commitment level are either environmentally
  904  secure or, staff secure, or are hardware secure hardware-secure
  905  with walls, fencing, or locking doors. Residential facilities at
  906  this commitment level may shall have up to 90 no more than 165
  907  beds each, including campus-style programs, unless those campus
  908  style programs include more than one level of restrictiveness,
  909  provide multilevel education and treatment program programs
  910  using different treatment protocols, and have facilities that
  911  coexist separately in distinct locations on the same property.
  912  Facilities at this commitment level shall provide 24-hour awake
  913  supervision, custody, care, and treatment of residents. Youth
  914  assessed and classified for placement in programs at this
  915  commitment level represent a low or moderate risk to public
  916  safety and require close supervision. The staff at a facility at
  917  this commitment level may seclude a child who is a physical
  918  threat to himself, or herself, or others. Mechanical restraint
  919  may also be used when necessary.
  920         (c)(d)High-risk residential.—Programs or program models at
  921  this commitment level are residential and do not allow youth to
  922  have access to the community, except that temporary release
  923  providing community access for up to 72 continuous hours may be
  924  approved by a court for a youth who has made successful progress
  925  in his or her program so that in order for the youth may respond
  926  to attend a family emergency or, during the final 60 days of his
  927  or her placement, to visit his or her home, enroll in school or
  928  a career and technical education vocational program, complete a
  929  job interview, or participate in a community service project.
  930  High-risk residential facilities are hardware secure hardware
  931  secure with perimeter fencing and locking doors. Residential
  932  facilities at this commitment level may shall have up to 90 no
  933  more than 165 beds each, including campus-style programs, unless
  934  those campus-style programs include more than one level of
  935  restrictiveness, provide multilevel education and treatment
  936  program programs using different treatment protocols, and have
  937  facilities that coexist separately in distinct locations on the
  938  same property. Facilities at this commitment level shall provide
  939  24-hour awake supervision, custody, care, and treatment of
  940  residents. Youth assessed and classified for this level of
  941  placement require close supervision in a structured residential
  942  setting. Placement in programs at this level is prompted by a
  943  concern for public safety which that outweighs placement in
  944  programs at lower commitment levels. The staff at a facility at
  945  this commitment level may seclude a child who is a physical
  946  threat to himself, or herself, or others. Mechanical restraint
  947  may also be used when necessary. The facility shall may provide
  948  for single cell occupancy, except that youth may be housed
  949  together during prerelease transition.
  950         (d)(e)Maximum-risk residential.—Programs or program models
  951  at this commitment level include juvenile correctional
  952  facilities and juvenile prisons. The programs at this commitment
  953  level are long-term residential and do not allow youth to have
  954  access to the community. Facilities at this commitment level are
  955  maximum-custody and hardware secure, hardware-secure with
  956  perimeter security fencing and locking doors. Residential
  957  facilities at this commitment level may shall have up to 90 no
  958  more than 165 beds each, including campus-style programs, unless
  959  those campus-style programs include more than one level of
  960  restrictiveness, provide multilevel education and treatment
  961  program programs using different treatment protocols, and have
  962  facilities that coexist separately in distinct locations on the
  963  same property. Facilities at this commitment level shall provide
  964  24-hour awake supervision, custody, care, and treatment of
  965  residents. The staff at a facility at this commitment level may
  966  seclude a child who is a physical threat to himself, or herself,
  967  or others. Mechanical restraint may also be used when necessary.
  968  Facilities at this commitment level The facility shall provide
  969  for single cell occupancy, except that youth may be housed
  970  together during prerelease transition. Youth assessed and
  971  classified for this level of placement require close supervision
  972  in a maximum security residential setting. Placement in a
  973  program at this level is prompted by a demonstrated need to
  974  protect the public.
  975         (44)(47) “Respite” means a placement that is available for
  976  the care, custody, and placement of a youth charged with
  977  domestic violence as an alternative to secure detention or for
  978  placement of a youth when a shelter bed for a child in need of
  979  services or a family in need of services is unavailable.
  980         (45)(48) “Secure detention center or facility” means a
  981  physically restricting facility for the temporary care of
  982  children, pending adjudication, disposition, or placement.
  983         (46)(49) “Shelter” means a place for the temporary care of
  984  a child who is alleged to be or who has been found to be
  985  delinquent.
  986         (50) “Shelter hearing” means a hearing provided for under
  987  s. 984.14 in family-in-need-of-services cases or child-in-need
  988  of-services cases.
  989         (51) “Staff-secure shelter” means a facility in which a
  990  child is supervised 24 hours a day by staff members who are
  991  awake while on duty. The facility is for the temporary care and
  992  assessment of a child who has been found to be dependent, who
  993  has violated a court order and been found in contempt of court,
  994  or whom the Department of Children and Family Services is unable
  995  to properly assess or place for assistance within the continuum
  996  of services provided for dependent children.
  997         (47)(52) “Substance abuse” means using, without medical
  998  reason, any psychoactive or mood-altering drug, including
  999  alcohol, in such a manner as to induce impairment resulting in
 1000  dysfunctional social behavior.
 1001         (48)(53) “Taken into custody” means the status of a child
 1002  immediately when temporary physical control over the child is
 1003  attained by a person authorized by law, pending the child’s
 1004  release, detention, placement, or other disposition as
 1005  authorized by law.
 1006         (49)(54) “Temporary legal custody” means the relationship
 1007  that a juvenile court creates between a child and an adult
 1008  relative of the child, adult nonrelative approved by the court,
 1009  or other person until a more permanent arrangement is ordered.
 1010  Temporary legal custody confers upon the custodian the right to
 1011  have temporary physical custody of the child and the right and
 1012  duty to protect, train, and discipline the child and to provide
 1013  the child with food, shelter, and education, and ordinary
 1014  medical, dental, psychiatric, and psychological care, unless
 1015  these rights and duties are otherwise enlarged or limited by the
 1016  court order establishing the temporary legal custody
 1017  relationship.
 1018         (50)(55) “Temporary release” means the terms and conditions
 1019  under which a child is temporarily released from a residential
 1020  commitment facility or allowed home visits. If the temporary
 1021  release is from a nonsecure moderate-risk residential facility,
 1022  a high-risk residential facility, or a maximum-risk residential
 1023  facility, the terms and conditions of the temporary release must
 1024  be approved by the child, the court, and the facility. The term
 1025  includes periods during which the child is supervised pursuant
 1026  to a conditional release program or a period during which the
 1027  child is supervised by a juvenile probation officer or other
 1028  nonresidential staff of the department or staff employed by an
 1029  entity under contract with the department.
 1030         (51)(56) “Transition-to-adulthood services” means services
 1031  that are provided for youth in the custody of the department or
 1032  under the supervision of the department and that have the
 1033  objective of instilling the knowledge, skills, and aptitudes
 1034  essential to a socially integrated, self-supporting adult life.
 1035  The services may include, but are not limited to:
 1036         (a) Assessment of the youth’s ability and readiness for
 1037  adult life.
 1038         (b) A plan for the youth to acquire the knowledge,
 1039  information, and counseling necessary to make a successful
 1040  transition to adulthood.
 1041         (c) Services that have proven effective toward achieving
 1042  the transition to adulthood.
 1043         (52) “Trauma-informed care” means the provision of services
 1044  to children with a history of trauma in a manner that recognizes
 1045  the symptoms and acknowledges the role the trauma has played in
 1046  the child’s life. Trauma may include, but is not limited to,
 1047  community and school violence, physical or sexual abuse,
 1048  neglect, medical difficulties, and domestic violence.
 1049         (53)(57) “Violation of law” or “delinquent act” means a
 1050  violation of any law of this state, the United States, or any
 1051  other state which is a misdemeanor or a felony or a violation of
 1052  a county or municipal ordinance which would be punishable by
 1053  incarceration if the violation were committed by an adult.
 1054         (54)(58) “Waiver hearing” means a hearing provided for
 1055  under s. 985.556(4).
 1056         Section 4. Subsections (4) and (5) of section 985.0301,
 1057  Florida Statutes, are amended to read:
 1058         985.0301 Jurisdiction.—
 1059         (4)(a) Petitions alleging delinquency shall be filed in the
 1060  county where the delinquent act or violation of law occurred.,
 1061  but The circuit court for that county may transfer the case to
 1062  the circuit court of the circuit in which the child resides or
 1063  will reside at the time of detention or placement for
 1064  dispositional purposes. A child who has been detained may shall
 1065  be transferred to the appropriate detention center or facility
 1066  in the circuit in which the child resides or will reside at the
 1067  time of detention or other placement directed by the receiving
 1068  court.
 1069         (b) The jurisdiction to be exercised by the court when a
 1070  child is taken into custody before the filing of a petition
 1071  under subsection (2) shall be exercised by the circuit court for
 1072  the county in which the child is taken into custody, and such
 1073  court has which court shall have personal jurisdiction of the
 1074  child and the child’s parent or legal guardian. If the child has
 1075  been detained, upon the filing of a petition in the appropriate
 1076  circuit court, the court that is exercising initial personal
 1077  jurisdiction of the person of the child shall, if the child has
 1078  been detained, immediately order the child to be transferred to
 1079  the detention center or facility or other placement as ordered
 1080  by the court having subject matter jurisdiction of the case.
 1081         (5)(a) Notwithstanding s. 743.07, ss. 743.07, 985.43,
 1082  985.433, 985.435, 985.439, and 985.441, and except as provided
 1083  in paragraphs (b) and (c) ss. 985.461 and 985.465 and paragraph
 1084  (f), when the jurisdiction of a any child who is alleged to have
 1085  committed a delinquent act or violation of law is obtained, the
 1086  court retains shall retain jurisdiction to dispose the case,
 1087  unless relinquished by its order, until the child reaches 19
 1088  years of age, with the same power over the child which the court
 1089  had before the child became an adult. For the purposes of s.
 1090  985.461, the court may retain jurisdiction for an additional 365
 1091  days following the child’s 19th birthday if the child is
 1092  participating in transition-to-adulthood services. The
 1093  additional services do not extend involuntary court-sanctioned
 1094  residential commitment and therefore require voluntary
 1095  participation by the affected youth.
 1096         (b) Unless relinquished by its own order, the court retains
 1097  jurisdiction over a child on probation until the child reaches
 1098  19 years of age Notwithstanding ss. 743.07 and 985.455(3), the
 1099  term of any order placing a child in a probation program must be
 1100  until the child’s 19th birthday unless he or she is released by
 1101  the court on the motion of an interested party or on his or her
 1102  own motion.
 1103         (c) Unless relinquished by its own order, the court retains
 1104  jurisdiction over a child committed to the department until the
 1105  child reaches 21 years of age, specifically for the purpose of
 1106  allowing the child to complete the department’s commitment
 1107  program, including conditional release supervision.
 1108         (d) The court retains jurisdiction over a juvenile sex
 1109  offender as defined in s. 985.475 who has been placed in a
 1110  community-based treatment alternative program with supervision
 1111  or in a program or facility for juvenile sex offenders pursuant
 1112  to s. 985.48 until the juvenile sex offender reaches 21 years of
 1113  age, specifically for the purpose of completing the program.
 1114         (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
 1115  the commitment must be until the child is discharged by the
 1116  department or until he or she reaches the age of 21 years.
 1117  Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
 1118  985.455, and 985.513, and except as provided in this section, a
 1119  child may not be held under a commitment from a court under s.
 1120  985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
 1121  21 years of age.
 1122         (d) The court may retain jurisdiction over a child
 1123  committed to the department for placement in a juvenile prison
 1124  or in a high-risk or maximum-risk residential commitment program
 1125  to allow the child to participate in a juvenile conditional
 1126  release program pursuant to s. 985.46. The jurisdiction of the
 1127  court may not be retained after the child’s 22nd birthday.
 1128  However, if the child is not successful in the conditional
 1129  release program, the department may use the transfer procedure
 1130  under s. 985.441(4).
 1131         (e) The court may retain jurisdiction over a child
 1132  committed to the department for placement in an intensive
 1133  residential treatment program for 10-year-old to 13-year-old
 1134  offenders, in the residential commitment program in a juvenile
 1135  prison or in a residential sex offender program until the child
 1136  reaches the age of 21. If the court exercises this jurisdiction
 1137  retention, it shall do so solely for the purpose of the child
 1138  completing the intensive residential treatment program for 10
 1139  year-old to 13-year-old offenders, in the residential commitment
 1140  program in a juvenile prison, or in a residential sex offender
 1141  program. Such jurisdiction retention does not apply for other
 1142  programs, other purposes, or new offenses.
 1143         (f) The court may retain jurisdiction over a child
 1144  committed to a juvenile correctional facility or a juvenile
 1145  prison until the child reaches the age of 21 years, specifically
 1146  for the purpose of allowing the child to complete such program.
 1147         (g) The court may retain jurisdiction over a juvenile
 1148  sexual offender who has been placed in a program or facility for
 1149  juvenile sexual offenders until the juvenile sexual offender
 1150  reaches the age of 21, specifically for the purpose of
 1151  completing the program.
 1152         (e)(h) The court may retain jurisdiction over a child and
 1153  the child’s parent or legal guardian whom the court has ordered
 1154  to pay restitution until the restitution order is satisfied. To
 1155  retain jurisdiction, the court shall enter a restitution order,
 1156  which is separate from any disposition or order of commitment,
 1157  on or before prior to the date that the court’s jurisdiction
 1158  would cease under this section. The contents of the restitution
 1159  order are shall be limited to the child’s name and address, the
 1160  name and address of the parent or legal guardian, the name and
 1161  address of the payee, the case number, the date and amount of
 1162  restitution ordered, any amount of restitution paid, the amount
 1163  of restitution due and owing, and a notation that costs,
 1164  interest, penalties, and attorney fees may also be due and
 1165  owing. The terms of the restitution order are subject to s.
 1166  775.089(5).
 1167         (f)(i) This subsection does not prevent the exercise of
 1168  jurisdiction by any court having jurisdiction of the child if
 1169  the child, after becoming an adult, commits a violation of law.
 1170         Section 5. Subsections (2) and (4) of section 985.037,
 1171  Florida Statutes, are amended to read:
 1172         985.037 Punishment for contempt of court; alternative
 1173  sanctions.—
 1174         (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
 1175  be placed in a secure detention facility for purposes of
 1176  punishment for contempt of court if alternative sanctions are
 1177  unavailable or inappropriate, or if the child has already been
 1178  ordered to serve an alternative sanction but failed to comply
 1179  with the sanction. A delinquent child who has been held in
 1180  direct or indirect contempt may be placed in a secure detention
 1181  facility for up to not to exceed 5 days for a first offense and
 1182  up to not to exceed 15 days for a second or subsequent offense.
 1183         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 1184  PROCESS.—
 1185         (a) If a child is charged with direct contempt of court,
 1186  including traffic court, the court may impose an authorized
 1187  sanction immediately. The court must hold a hearing to determine
 1188  if the child committed direct contempt. Due process must be
 1189  afforded to the child during such hearing.
 1190         (b) If a child is charged with indirect contempt of court,
 1191  the court must hold a hearing within 24 hours to determine
 1192  whether the child committed indirect contempt of a valid court
 1193  order. At the hearing, the following due process rights must be
 1194  provided to the child:
 1195         1. Right to a copy of the order to show cause alleging
 1196  facts supporting the contempt charge.
 1197         2. Right to an explanation of the nature and the
 1198  consequences of the proceedings.
 1199         3. Right to legal counsel and the right to have legal
 1200  counsel appointed by the court if the juvenile is indigent,
 1201  under s. 985.033.
 1202         4. Right to confront witnesses.
 1203         5. Right to present witnesses.
 1204         6. Right to have a transcript or record of the proceeding.
 1205         7. Right to appeal to an appropriate court.
 1206  
 1207  The child’s parent or guardian may address the court regarding
 1208  the due process rights of the child. Upon motion by the defense
 1209  or state attorney, the court shall review the placement of the
 1210  child every 72 hours to determine whether it is appropriate for
 1211  the child to remain in the facility.
 1212         (c) The court may not order that a child be placed in a
 1213  secure detention facility as for punishment for contempt unless
 1214  the court determines that an alternative sanction is
 1215  inappropriate or unavailable or that the child was initially
 1216  ordered to an alternative sanction and did not comply with the
 1217  alternative sanction. The court is encouraged to order a child
 1218  to perform community service, up to the maximum number of hours,
 1219  if where appropriate before ordering that the child be placed in
 1220  a secure detention facility as punishment for contempt of court.
 1221         (d) In addition to any other sanction imposed under this
 1222  section, the court may direct the Department of Highway Safety
 1223  and Motor Vehicles to withhold issuance of, or suspend, a
 1224  child’s driver driver’s license or driving privilege. The court
 1225  may order that a child’s driver driver’s license or driving
 1226  privilege be withheld or suspended for up to 1 year for a first
 1227  offense of contempt and up to 2 years for a second or subsequent
 1228  offense. If the child’s driver driver’s license or driving
 1229  privilege is suspended or revoked for any reason at the time the
 1230  sanction for contempt is imposed, the court shall extend the
 1231  period of suspension or revocation by the additional period
 1232  ordered under this paragraph. If the child’s driver driver’s
 1233  license is being withheld at the time the sanction for contempt
 1234  is imposed, the period of suspension or revocation ordered under
 1235  this paragraph shall begin on the date on which the child is
 1236  otherwise eligible to drive.
 1237         Section 6. Section 985.105, Florida Statutes, is repealed.
 1238         Section 7. Subsection (1) of section 985.11, Florida
 1239  Statutes, is amended to read:
 1240         985.11 Fingerprinting and photographing.—
 1241         (1)(a) A child who is charged with or found to have
 1242  committed an offense that would be a felony if committed by an
 1243  adult shall be fingerprinted, and the fingerprints shall must be
 1244  submitted to the Department of Law Enforcement as provided in s.
 1245  943.051(3)(a).
 1246         (b) Unless the child is issued a civil citation or
 1247  participating in a similar diversion program pursuant to s.
 1248  985.12, a child who is charged with or found to have committed
 1249  one of the following offenses shall be fingerprinted, and the
 1250  fingerprints shall be submitted to the Department of Law
 1251  Enforcement as provided in s. 943.051(3)(b):
 1252         1. Assault, as defined in s. 784.011.
 1253         2. Battery, as defined in s. 784.03.
 1254         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1255         4. Unlawful use of destructive devices or bombs, as defined
 1256  in s. 790.1615(1).
 1257         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1258         6. Assault on a law enforcement officer, a firefighter, or
 1259  other specified officers, as defined in s. 784.07(2)(a).
 1260         7. Open carrying of a weapon, as defined in s. 790.053.
 1261         8. Exposure of sexual organs, as defined in s. 800.03.
 1262         9. Unlawful possession of a firearm, as defined in s.
 1263  790.22(5).
 1264         10. Petit theft, as defined in s. 812.014.
 1265         11. Cruelty to animals, as defined in s. 828.12(1).
 1266         12. Arson, resulting in bodily harm to a firefighter, as
 1267  defined in s. 806.031(1).
 1268         13. Unlawful possession or discharge of a weapon or firearm
 1269  at a school-sponsored event or on school property as defined in
 1270  s. 790.115.
 1271  
 1272  A law enforcement agency may fingerprint and photograph a child
 1273  taken into custody upon probable cause that such child has
 1274  committed any other violation of law, as the agency deems
 1275  appropriate. Such fingerprint records and photographs shall be
 1276  retained by the law enforcement agency in a separate file, and
 1277  these records and all copies thereof must be marked “Juvenile
 1278  Confidential.” These records are not available for public
 1279  disclosure and inspection under s. 119.07(1) except as provided
 1280  in ss. 943.053 and 985.04(2), but are shall be available to
 1281  other law enforcement agencies, criminal justice agencies, state
 1282  attorneys, the courts, the child, the parents or legal
 1283  custodians of the child, their attorneys, and any other person
 1284  authorized by the court to have access to such records. In
 1285  addition, such records may be submitted to the Department of Law
 1286  Enforcement for inclusion in the state criminal history records
 1287  and used by criminal justice agencies for criminal justice
 1288  purposes. These records may, in the discretion of the court, be
 1289  open to inspection by anyone upon a showing of cause. The
 1290  fingerprint and photograph records shall be produced in the
 1291  court whenever directed by the court. Any photograph taken
 1292  pursuant to this section may be shown by a law enforcement
 1293  officer to any victim or witness of a crime for the purpose of
 1294  identifying the person who committed such crime.
 1295         (c) The court is shall be responsible for the
 1296  fingerprinting of a any child at the disposition hearing if the
 1297  child has been adjudicated or had adjudication withheld for any
 1298  felony in the case currently before the court.
 1299         Section 8. Subsection (2) of section 985.14, Florida
 1300  Statutes, is amended to read:
 1301         985.14 Intake and case management system.—
 1302         (2) The intake process shall be performed by the department
 1303  or juvenile assessment center personnel through a case
 1304  management system. The purpose of the intake process is to
 1305  assess the child’s needs and risks and to determine the most
 1306  appropriate treatment plan and setting for the child’s
 1307  programmatic needs and risks. The intake process consists of an
 1308  initial assessment and may be followed by a full mental health,
 1309  substance abuse, or psychosexual evaluation. The intake process
 1310  shall result in choosing the most appropriate services through a
 1311  balancing of the interests and needs of the child with those of
 1312  the family and the community public. The juvenile probation
 1313  officer shall make be responsible for making informed decisions
 1314  and recommendations to other agencies, the state attorney, and
 1315  the courts so that the child and family may receive the least
 1316  intrusive service alternative throughout the judicial process.
 1317  The department shall establish uniform procedures through which
 1318  for the juvenile probation officer may to provide a preliminary
 1319  screening of the child and family for substance abuse and mental
 1320  health services before prior to the filing of a petition or as
 1321  soon as possible thereafter and before prior to a disposition
 1322  hearing.
 1323         Section 9. Section 985.145, Florida Statutes, is amended to
 1324  read:
 1325         985.145 Responsibilities of the department juvenile
 1326  probation officer during intake; screenings and assessments.—
 1327         (1) The department juvenile probation officer shall serve
 1328  as the primary case manager for the purpose of managing,
 1329  coordinating, and monitoring the services provided to the child.
 1330  Each program administrator within the Department of Children and
 1331  Families Family Services shall cooperate with the primary case
 1332  manager in carrying out the duties and responsibilities
 1333  described in this section. In addition to duties specified in
 1334  other sections and through departmental rules, the department
 1335  assigned juvenile probation officer shall be responsible for the
 1336  following:
 1337         (a) Reviewing probable cause affidavit.—The department
 1338  juvenile probation officer shall make a preliminary
 1339  determination as to whether the report, affidavit, or complaint
 1340  is complete, consulting with the state attorney as may be
 1341  necessary. A report, affidavit, or complaint alleging that a
 1342  child has committed a delinquent act or violation of law shall
 1343  be made to the intake office operating in the county in which
 1344  the child is found or in which the delinquent act or violation
 1345  of law occurred. Any person or agency having knowledge of the
 1346  facts may make such a written report, affidavit, or complaint
 1347  and shall furnish to the intake office facts sufficient to
 1348  establish the jurisdiction of the court and to support a finding
 1349  by the court that the child has committed a delinquent act or
 1350  violation of law.
 1351         (b) Notification concerning apparent insufficiencies in
 1352  probable cause affidavit.—In any case where the department
 1353  juvenile probation officer or the state attorney finds that the
 1354  report, affidavit, or complaint is insufficient by the standards
 1355  for a probable cause affidavit, the department juvenile
 1356  probation officer or state attorney shall return the report,
 1357  affidavit, or complaint, without delay, to the person or agency
 1358  originating the report, affidavit, or complaint or having
 1359  knowledge of the facts or to the appropriate law enforcement
 1360  agency having investigative jurisdiction of the offense, and
 1361  shall request, and the person or agency shall promptly furnish,
 1362  additional information in order to comply with the standards for
 1363  a probable cause affidavit.
 1364         (c) Screening.—During the intake process, the department
 1365  juvenile probation officer shall screen each child or shall
 1366  cause each child to be screened in order to determine:
 1367         1. Appropriateness for release; referral to a diversionary
 1368  program, including, but not limited to, a teen court program;
 1369  referral for community arbitration; or referral to some other
 1370  program or agency for the purpose of nonofficial or nonjudicial
 1371  handling.
 1372         2. The presence of medical, psychiatric, psychological,
 1373  substance abuse, educational, or career and technical education
 1374  vocational problems, or other conditions that may have caused
 1375  the child to come to the attention of law enforcement or the
 1376  department. The child shall also be screened to determine
 1377  whether the child poses a danger to himself or herself or others
 1378  in the community. The results of this screening shall be made
 1379  available to the court and to court officers. In cases where
 1380  such conditions are identified and a nonjudicial handling of the
 1381  case is chosen, the department juvenile probation officer shall
 1382  attempt to refer the child to a program or agency, together with
 1383  all available and relevant assessment information concerning the
 1384  child’s precipitating condition.
 1385         (d) Completing risk assessment instrument.—The department
 1386  juvenile probation officer shall ensure that a risk assessment
 1387  instrument establishing the child’s eligibility for detention
 1388  has been accurately completed and that the appropriate
 1389  recommendation was made to the court.
 1390         (e) Rights.—The department juvenile probation officer shall
 1391  inquire as to whether the child understands his or her rights to
 1392  counsel and against self-incrimination.
 1393         (f) Multidisciplinary assessment.—The department juvenile
 1394  probation officer shall coordinate the multidisciplinary
 1395  assessment when required, which includes the classification and
 1396  placement process that determines the child’s priority needs,
 1397  risk classification, and treatment plan. If When sufficient
 1398  evidence exists to warrant a comprehensive assessment and the
 1399  child fails to voluntarily participate in the assessment
 1400  efforts, the department juvenile probation officer shall inform
 1401  the court of the need for the assessment and the refusal of the
 1402  child to participate in such assessment. This assessment,
 1403  classification, and placement process shall develop into the
 1404  predisposition report.
 1405         (g) Comprehensive assessment.The juvenile probation
 1406  officer, Pursuant to uniform procedures established by the
 1407  department and upon determining that the report, affidavit, or
 1408  complaint is complete, the department shall:
 1409         1. Perform the preliminary screening and make referrals for
 1410  a comprehensive assessment regarding the child’s need for
 1411  substance abuse treatment services, mental health services,
 1412  intellectual disability services, literacy services, or other
 1413  educational or treatment services.
 1414         2. If indicated by the preliminary screening, provide for a
 1415  comprehensive assessment of the child and family for substance
 1416  abuse problems, using community-based licensed programs with
 1417  clinical expertise and experience in the assessment of substance
 1418  abuse problems.
 1419         3. If indicated by the preliminary screening, provide for a
 1420  comprehensive assessment of the child and family for mental
 1421  health problems, using community-based psychologists,
 1422  psychiatrists, or other licensed mental health professionals who
 1423  have clinical expertise and experience in the assessment of
 1424  mental health problems.
 1425         (h) Referrals for services.—The department juvenile
 1426  probation officer shall make recommendations for services and
 1427  facilitate the delivery of those services to the child,
 1428  including any mental health services, educational services,
 1429  family counseling services, family assistance services, and
 1430  substance abuse services.
 1431         (i) Recommendation concerning a petition.—Upon determining
 1432  that the report, affidavit, or complaint complies with the
 1433  standards of a probable cause affidavit and that the interests
 1434  of the child and the public will be best served, the department
 1435  juvenile probation officer may recommend that a delinquency
 1436  petition not be filed. If such a recommendation is made, the
 1437  department juvenile probation officer shall advise in writing
 1438  the person or agency making the report, affidavit, or complaint,
 1439  the victim, if any, and the law enforcement agency having
 1440  investigative jurisdiction over the offense of the
 1441  recommendation; the reasons therefor; and that the person or
 1442  agency may submit, within 10 days after the receipt of such
 1443  notice, the report, affidavit, or complaint to the state
 1444  attorney for special review. The state attorney, upon receiving
 1445  a request for special review, shall consider the facts presented
 1446  by the report, affidavit, or complaint, and by the department
 1447  juvenile probation officer who made the recommendation that no
 1448  petition be filed, before making a final decision as to whether
 1449  a petition or information should or should not be filed.
 1450         (j) Completing intake report.—Subject to the interagency
 1451  agreement authorized under this paragraph, the department the
 1452  juvenile probation officer for each case in which a child is
 1453  alleged to have committed a violation of law or delinquent act
 1454  and is not detained shall submit a written report to the state
 1455  attorney for each case in which a child is alleged to have
 1456  committed a violation of law or delinquent act and is not
 1457  detained. The report shall be submitted within 20 days after the
 1458  date the child is taken into custody and must include, including
 1459  the original police report, complaint, or affidavit, or a copy
 1460  thereof, and including a copy of the child’s prior juvenile
 1461  record, within 20 days after the date the child is taken into
 1462  custody. In cases in which the child is in detention, the intake
 1463  office report must be submitted within 24 hours after the child
 1464  is placed into detention. The intake office report may include a
 1465  recommendation that a petition or information be filed or that
 1466  no petition or information be filed and may set forth reasons
 1467  for the recommendation. The state attorney and the department
 1468  may, on a district-by-district basis, enter into interagency
 1469  agreements denoting the cases that will require a recommendation
 1470  and those for which a recommendation is unnecessary.
 1471         (2) Before Prior to requesting that a delinquency petition
 1472  be filed or before prior to filing a dependency petition, the
 1473  department juvenile probation officer may request the parent or
 1474  legal guardian of the child to attend a course of instruction in
 1475  parenting skills, training in conflict resolution, and the
 1476  practice of nonviolence; to accept counseling; or to receive
 1477  other assistance from any agency in the community which notifies
 1478  the clerk of the court of the availability of its services. If
 1479  Where appropriate, the department juvenile probation officer
 1480  shall request both parents or guardians to receive such parental
 1481  assistance. The department juvenile probation officer may, in
 1482  determining whether to request that a delinquency petition be
 1483  filed, take into consideration the willingness of the parent or
 1484  legal guardian to comply with such request. The parent or
 1485  guardian must provide the department juvenile probation officer
 1486  with identifying information, including the parent’s or
 1487  guardian’s name, address, date of birth, social security number,
 1488  and driver driver’s license number or identification card number
 1489  in order to comply with s. 985.039.
 1490         (3) If When indicated by the comprehensive assessment, the
 1491  department is authorized to contract within appropriated funds
 1492  for services with a local nonprofit community mental health or
 1493  substance abuse agency licensed or authorized under chapter 394
 1494  or chapter 397 or other authorized nonprofit social service
 1495  agency providing related services. The determination of mental
 1496  health or substance abuse services shall be conducted in
 1497  coordination with existing programs providing mental health or
 1498  substance abuse services in conjunction with the intake office.
 1499         (4) Client information resulting from the screening and
 1500  evaluation shall be documented under rules of the department and
 1501  shall serve to assist the department juvenile probation officer
 1502  in providing the most appropriate services and recommendations
 1503  in the least intrusive manner. Such client information shall be
 1504  used in the multidisciplinary assessment and classification of
 1505  the child, but such information, and any information obtained
 1506  directly or indirectly through the assessment process, is
 1507  inadmissible in court before prior to the disposition hearing,
 1508  unless the child’s written consent is obtained. At the
 1509  disposition hearing, documented client information shall serve
 1510  to assist the court in making the most appropriate custody,
 1511  adjudicatory, and dispositional decision.
 1512         (5) If the screening and assessment indicate that the
 1513  interests of the child and the public will be best served, the
 1514  department juvenile probation officer, with the approval of the
 1515  state attorney, may refer the child for care, diagnostic, and
 1516  evaluation services; substance abuse treatment services; mental
 1517  health services; intellectual disability services; a
 1518  diversionary, arbitration, or mediation program; community
 1519  service work; or other programs or treatment services
 1520  voluntarily accepted by the child and the child’s parents or
 1521  legal guardian. If a child volunteers to participate in any work
 1522  program under this chapter or volunteers to work in a specified
 1523  state, county, municipal, or community service organization
 1524  supervised work program or to work for the victim, the child is
 1525  considered an employee of the state for the purposes of
 1526  liability. In determining the child’s average weekly wage,
 1527  unless otherwise determined by a specific funding program, all
 1528  remuneration received from the employer is considered a
 1529  gratuity, and the child is not entitled to any benefits
 1530  otherwise payable under s. 440.15 regardless of whether the
 1531  child may be receiving wages and remuneration from other
 1532  employment with another employer and regardless of the child’s
 1533  future wage-earning capacity.
 1534         (6) The victim, if any, and the law enforcement agency that
 1535  investigated the offense shall be notified immediately by the
 1536  state attorney of the action taken under subsection (5).
 1537         Section 10. Section 985.17, Florida Statutes, is created to
 1538  read:
 1539         985.17 Prevention services.—
 1540         (1) Prevention services decrease recidivism by addressing
 1541  the needs of at-risk youth and their families, preventing
 1542  further involvement in the juvenile justice system, protecting
 1543  public safety, and facilitating successful reentry into the
 1544  community. To assist in decreasing recidivism, the department’s
 1545  prevention services should strengthen protective factors, reduce
 1546  risk factors, and use tested and effective approaches.
 1547         (2) A primary focus of the department’s prevention services
 1548  is to develop capacity for local communities to serve their
 1549  youth.
 1550         (a) The department shall engage faith-based and community
 1551  based organizations to provide a full range of voluntary
 1552  programs and services to prevent and reduce juvenile
 1553  delinquency, including, but not limited to, chaplaincy services,
 1554  crisis intervention counseling, mentoring, and tutoring.
 1555         (b) The department shall establish volunteer coordinators
 1556  in each circuit and encourage the recruitment of volunteers to
 1557  serve as mentors for youth in department services.
 1558         (c) The department shall promote the Invest In Children
 1559  license plate developed pursuant to s. 320.08058(11) to help
 1560  fund programs and services to prevent juvenile delinquency. The
 1561  department shall allocate moneys for programs and services
 1562  within each county based on that county’s proportionate share of
 1563  the license plate annual use fee collected by the county
 1564  pursuant to s. 320.08058(11).
 1565         (3) The department’s prevention services for youth at risk
 1566  of becoming delinquent should focus on preventing initial or
 1567  further involvement in the juvenile justice system by including
 1568  services such as literacy services, gender-specific programming,
 1569  and recreational and after-school services and should include
 1570  targeted services to troubled, truant, ungovernable, abused,
 1571  trafficked, or runaway youth. To decrease the likelihood that a
 1572  youth will commit a delinquent act, the department may provide
 1573  specialized services addressing the strengthening of families,
 1574  job training, and substance abuse.
 1575         (4) In an effort to decrease the prevalence of
 1576  disproportionate minority representation in the juvenile justice
 1577  system, the department’s prevention services should address the
 1578  multiple needs of minority youth at risk of becoming delinquent.
 1579         (5)The department shall expend funds related to prevention
 1580  services in a manner consistent with the policies expressed in
 1581  ss. 984.02 and 985.01. The department shall expend such funds in
 1582  a manner that maximizes accountability to the public and ensures
 1583  the documentation of outcomes.
 1584         (a)As a condition of the receipt of state funds, entities
 1585  that receive or use state moneys to fund prevention services
 1586  through contracts with the department or grants from any entity
 1587  dispersed by the department shall:
 1588         1.Design the programs providing such services to further
 1589  one or more of the following strategies:
 1590         a. Encouraging youth to attend and succeed in school, which
 1591  may include special assistance and tutoring to address
 1592  deficiencies in academic performance and collecting outcome data
 1593  to reveal the number of days youth attended school while
 1594  participating in the program.
 1595         b.Engaging youth in productive and wholesome activities
 1596  during nonschool hours which build positive character, instill
 1597  positive values, and enhance educational experiences.
 1598         c.Encouraging youth to avoid the use of violence.
 1599         d.Assisting youth in acquiring the skills needed to find
 1600  meaningful employment, which may include assistance in finding a
 1601  suitable employer for the youth.
 1602         2. Provide the department with demographic information,
 1603  dates of services, and the type of interventions received by
 1604  each youth.
 1605         (b)The department shall monitor output and outcome
 1606  measures for each program strategy in paragraph (a) and include
 1607  them in the annual Comprehensive Accountability Report published
 1608  pursuant to s. 985.632.
 1609         (c)The department shall monitor all programs that receive
 1610  or use state moneys to fund juvenile delinquency prevention
 1611  services through contracts or grants with the department for
 1612  compliance with all provisions in the contracts or grants.
 1613         Section 11. Section 985.24, Florida Statutes, is amended to
 1614  read:
 1615         985.24 Use of detention; prohibitions.—
 1616         (1) All determinations and court orders regarding the use
 1617  of secure, nonsecure, or home detention care must shall be based
 1618  primarily upon findings that the child:
 1619         (a) Presents a substantial risk of not appearing at a
 1620  subsequent hearing;
 1621         (b) Presents a substantial risk of inflicting bodily harm
 1622  on others as evidenced by recent behavior, including the illegal
 1623  possession of a firearm;
 1624         (c) Presents a history of committing a property offense
 1625  before prior to adjudication, disposition, or placement;
 1626         (d) Has committed contempt of court by:
 1627         1. Intentionally disrupting the administration of the
 1628  court;
 1629         2. Intentionally disobeying a court order; or
 1630         3. Engaging in a punishable act or speech in the court’s
 1631  presence which shows disrespect for the authority and dignity of
 1632  the court; or
 1633         (e) Requests protection from imminent bodily harm.
 1634         (2) A child alleged to have committed a delinquent act or
 1635  violation of law may not be placed into secure or, nonsecure, or
 1636  home detention care for any of the following reasons:
 1637         (a) To allow a parent to avoid his or her legal
 1638  responsibility.
 1639         (b) To permit more convenient administrative access to the
 1640  child.
 1641         (c) To facilitate further interrogation or investigation.
 1642         (d) Due to a lack of more appropriate facilities.
 1643         (3) A child alleged to be dependent under chapter 39 may
 1644  not, under any circumstances, be placed into secure detention
 1645  care.
 1646         (4) The department may develop nonsecure, nonresidential
 1647  evening-reporting centers as an alternative to placing a child
 1648  in secure detention to serve children and families while
 1649  awaiting court hearings. Evening-reporting centers may be
 1650  collocated with the juvenile assessment center. At a minimum,
 1651  evening-reporting centers shall be operated during the afternoon
 1652  and evening hours and provide a highly structured program of
 1653  supervision. Evening-reporting centers may also provide academic
 1654  tutoring, counseling, family engagement programs, and other
 1655  activities.
 1656         (5)(4) The department shall continue to identify
 1657  alternatives to secure detention care and shall develop such
 1658  alternatives and annually submit them to the Legislature for
 1659  authorization and appropriation.
 1660         Section 12. Paragraph (b) of subsection (2) and subsection
 1661  (4) of section 985.245, Florida Statutes, are amended to read:
 1662         985.245 Risk assessment instrument.—
 1663         (2)
 1664         (b) The risk assessment instrument, at a minimum, shall
 1665  consider take into consideration, but need not be limited to,
 1666  prior history of failure to appear, prior offenses, offenses
 1667  committed pending adjudication, any unlawful possession of a
 1668  firearm, theft of a motor vehicle or possession of a stolen
 1669  motor vehicle, and probation status at the time the child is
 1670  taken into custody. The risk assessment instrument shall also
 1671  consider take into consideration appropriate aggravating and
 1672  mitigating circumstances, and shall be designed to target a
 1673  narrower population of children than s. 985.255, and. The risk
 1674  assessment instrument shall also include any information
 1675  concerning the child’s history of abuse and neglect. The risk
 1676  assessment shall indicate whether detention care is warranted,
 1677  and, if detention care is warranted, whether the child should be
 1678  placed into secure or, nonsecure, or home detention care.
 1679         (4) If For a child who is under the supervision of the
 1680  department through probation, home detention, nonsecure
 1681  detention, conditional release, postcommitment probation, or
 1682  commitment and who is charged with committing a new offense, the
 1683  risk assessment instrument may be completed and scored based on
 1684  the underlying charge for which the child was placed under the
 1685  supervision of the department and the new offense.
 1686         Section 13. Subsection (1) of section 985.25, Florida
 1687  Statutes, is amended to read:
 1688         985.25 Detention intake.—
 1689         (1) The department juvenile probation officer shall receive
 1690  custody of a child who has been taken into custody from the law
 1691  enforcement agency or court and shall review the facts in the
 1692  law enforcement report or probable cause affidavit and make such
 1693  further inquiry as may be necessary to determine whether
 1694  detention care is appropriate required.
 1695         (a) During the period of time from the taking of the child
 1696  into custody to the date of the detention hearing, the initial
 1697  decision as to the child’s placement into secure detention care
 1698  or, nonsecure detention care, or home detention care shall be
 1699  made by the department juvenile probation officer under ss.
 1700  985.24 and 985.245(1).
 1701         (b) The department juvenile probation officer shall base
 1702  its the decision as to whether or not to place the child into
 1703  secure detention care, home detention care, or nonsecure
 1704  detention care on an assessment of risk in accordance with the
 1705  risk assessment instrument and procedures developed by the
 1706  department under s. 985.245. However, a child charged with
 1707  possessing or discharging a firearm on school property in
 1708  violation of s. 790.115 shall be placed in secure detention
 1709  care. A child who has been taken into custody on three or more
 1710  separate occasions within a 60-day period shall be placed in
 1711  secure detention care until the child’s detention hearing.
 1712         (c) If the child’s final score on the risk assessment
 1713  instrument indicates that juvenile probation officer determines
 1714  that a child who is eligible for detention care is appropriate,
 1715  but the department otherwise determines he or she based upon the
 1716  results of the risk assessment instrument should be released,
 1717  the department juvenile probation officer shall contact the
 1718  state attorney, who may authorize release.
 1719         (d) If the child’s final score on the risk assessment
 1720  instrument indicates that detention is not appropriate
 1721  authorized, the child may be released by the department juvenile
 1722  probation officer in accordance with ss. 985.115 and 985.13.
 1723  
 1724  Under no circumstances shall The department, juvenile probation
 1725  officer or the state attorney, or a law enforcement officer may
 1726  not authorize the detention of any child in a jail or other
 1727  facility intended or used for the detention of adults, without
 1728  an order of the court.
 1729         Section 14. Section 985.255, Florida Statutes, is amended
 1730  to read:
 1731         985.255 Detention criteria; detention hearing.—
 1732         (1) Subject to s. 985.25(1), a child taken into custody and
 1733  placed into nonsecure or secure home detention care shall be
 1734  given a hearing within 24 hours after being taken into custody.
 1735  At the hearing, the court may order continued detention or
 1736  detained in secure detention care prior to a detention hearing
 1737  may continue to be detained by the court if:
 1738         (a) The child is alleged to be an escapee from a
 1739  residential commitment program; or an absconder from a
 1740  nonresidential commitment program, a probation program, or
 1741  conditional release supervision; or is alleged to have escaped
 1742  while being lawfully transported to or from a residential
 1743  commitment program.
 1744         (b) The child is wanted in another jurisdiction for an
 1745  offense that which, if committed by an adult, would be a felony.
 1746         (c) The child is charged with a delinquent act or violation
 1747  of law and requests in writing through legal counsel to be
 1748  detained for protection from an imminent physical threat to his
 1749  or her personal safety.
 1750         (d) The child is charged with committing an offense of
 1751  domestic violence as defined in s. 741.28 and is detained as
 1752  provided in subsection (2).
 1753         (e) The child is charged with possession or discharging a
 1754  firearm on school property in violation of s. 790.115 or the
 1755  illegal possession of a firearm.
 1756         (f) The child is charged with a capital felony, a life
 1757  felony, a felony of the first degree, a felony of the second
 1758  degree which that does not involve a violation of chapter 893,
 1759  or a felony of the third degree which that is also a crime of
 1760  violence, including any such offense involving the use or
 1761  possession of a firearm.
 1762         (g) The child is charged with a felony of the any second
 1763  degree or a felony of the third degree felony involving a
 1764  violation of chapter 893 or a felony of the any third degree
 1765  which felony that is not also a crime of violence, and the
 1766  child:
 1767         1. Has a record of failure to appear at court hearings
 1768  after being properly notified in accordance with the Rules of
 1769  Juvenile Procedure;
 1770         2. Has a record of law violations before prior to court
 1771  hearings;
 1772         3. Has already been detained or has been released and is
 1773  awaiting final disposition of the case;
 1774         4. Has a record of violent conduct resulting in physical
 1775  injury to others; or
 1776         5. Is found to have been in possession of a firearm.
 1777         (h) The child is alleged to have violated the conditions of
 1778  the child’s probation or conditional release supervision.
 1779  However, a child detained under this paragraph may be held only
 1780  in a consequence unit as provided in s. 985.439. If a
 1781  consequence unit is not available, the child shall be placed on
 1782  nonsecure home detention with electronic monitoring.
 1783         (i) The child is detained on a judicial order for failure
 1784  to appear and has previously willfully failed to appear, after
 1785  proper notice:,
 1786         1. For an adjudicatory hearing on the same case regardless
 1787  of the results of the risk assessment instrument; or
 1788         2. At two or more court hearings of any nature on the same
 1789  case, regardless of the results of the risk assessment
 1790  instrument.
 1791  
 1792  A child may be held in secure detention for up to 72 hours in
 1793  advance of the next scheduled court hearing pursuant to this
 1794  paragraph. The child’s failure to keep the clerk of court and
 1795  defense counsel informed of a current and valid mailing address
 1796  where the child will receive notice to appear at court
 1797  proceedings does not provide an adequate ground for excusal of
 1798  the child’s nonappearance at the hearings.
 1799         (j) The child is detained on a judicial order for failure
 1800  to appear and has previously willfully failed to appear, after
 1801  proper notice, at two or more court hearings of any nature on
 1802  the same case regardless of the results of the risk assessment
 1803  instrument. A child may be held in secure detention for up to 72
 1804  hours in advance of the next scheduled court hearing pursuant to
 1805  this paragraph. The child’s failure to keep the clerk of court
 1806  and defense counsel informed of a current and valid mailing
 1807  address where the child will receive notice to appear at court
 1808  proceedings does not provide an adequate ground for excusal of
 1809  the child’s nonappearance at the hearings.
 1810         (2) A child who is charged with committing an offense
 1811  classified as of domestic violence as defined in s. 741.28 and
 1812  whose risk assessment indicates secure detention is not
 1813  appropriate who does not meet detention criteria may be held in
 1814  secure detention if the court makes specific written findings
 1815  that:
 1816         (a) Respite care for the child is not available; or.
 1817         (b) It is necessary to place the child in secure detention
 1818  in order to protect the victim from injury.
 1819  
 1820  The child may not be held in secure detention under this
 1821  subsection for more than 48 hours unless ordered by the court.
 1822  After 48 hours, the court shall hold a hearing if the state
 1823  attorney or victim requests that secure detention be continued.
 1824  The child may continue to be held in detention care if the court
 1825  makes a specific, written finding that respite care is
 1826  unavailable or it detention care is necessary to protect the
 1827  victim from injury. However, the child may not be held in
 1828  detention care beyond the time limits provided set forth in this
 1829  section or s. 985.26.
 1830         (3)(a) A child who meets any of the criteria in subsection
 1831  (1) and who is ordered to be detained under that subsection
 1832  shall be given a hearing within 24 hours after being taken into
 1833  custody. The purpose of the detention hearing required under
 1834  subsection (1) is to determine the existence of probable cause
 1835  that the child has committed the delinquent act or violation of
 1836  law that he or she is charged with and the need for continued
 1837  detention. Unless a child is detained under paragraph (1)(d) or
 1838  paragraph (1)(e), the court shall use the results of the risk
 1839  assessment performed by the department juvenile probation
 1840  officer and, based on the criteria in subsection (1), shall
 1841  determine the need for continued detention. A child placed into
 1842  secure, nonsecure, or home detention care may continue to be so
 1843  detained by the court.
 1844         (b) If the court orders a placement more restrictive than
 1845  indicated by the results of the risk assessment instrument, the
 1846  court shall state, in writing, clear and convincing reasons for
 1847  such placement.
 1848         (c) Except as provided in s. 790.22(8) or in s. 985.27,
 1849  when a child is placed into secure or nonsecure detention care,
 1850  or into a respite home or other placement pursuant to a court
 1851  order following a hearing, the court order must include specific
 1852  instructions that direct the release of the child from such
 1853  placement by no later than 5 p.m. on the last day of the
 1854  detention period specified in s. 985.26 or s. 985.27, whichever
 1855  is applicable, unless the requirements of such applicable
 1856  provision have been met or an order of continuance has been
 1857  granted under s. 985.26(4). If the court order does not include
 1858  a date of release, the release date must be requested of the
 1859  court on the same date the youth was placed on detention care.
 1860  If a subsequent hearing is needed to provide additional
 1861  information to the court for safety planning, the initial order
 1862  placing the youth on detention care must reflect the next
 1863  detention review hearing, which should be held within 3 calendar
 1864  days after the child’s initial detention placement.
 1865         Section 15. Subsections (1) through (3) of section 985.26,
 1866  Florida Statutes, are amended to read:
 1867         985.26 Length of detention.—
 1868         (1) A child may not be placed into or held in secure or,
 1869  nonsecure, or home detention care for more longer than 24 hours
 1870  unless the court orders such detention care, and the order
 1871  includes specific instructions that direct the release of the
 1872  child from such detention care, in accordance with s. 985.255.
 1873  The order shall be a final order, reviewable by appeal under s.
 1874  985.534 and the Florida Rules of Appellate Procedure. Appeals of
 1875  such orders shall take precedence over other appeals and other
 1876  pending matters.
 1877         (2) A child may not be held in secure or, nonsecure, or
 1878  home detention care under a special detention order for more
 1879  than 21 days unless an adjudicatory hearing for the case has
 1880  been commenced in good faith by the court. However, upon good
 1881  cause being shown that the nature of the charge requires
 1882  additional time for the prosecution or defense of the case, the
 1883  court may extend the length of detention for an additional 9
 1884  days if the child is charged with an offense that would be, if
 1885  committed by an adult, a capital felony, a life felony, a felony
 1886  of the first degree, or a felony of the second degree involving
 1887  violence against any individual.
 1888         (3) Except as provided in subsection (2), a child may not
 1889  be held in secure or, nonsecure, or home detention care for more
 1890  than 15 days following the entry of an order of adjudication.
 1891         Section 16. Section 985.265, Florida Statutes, is amended
 1892  to read:
 1893         985.265 Detention transfer and release; education; adult
 1894  jails.—
 1895         (1) If a child is detained under this part, the department
 1896  may transfer the child from nonsecure or home detention care to
 1897  secure detention care only if significantly changed
 1898  circumstances warrant such transfer.
 1899         (2) If a child is on release status and not detained under
 1900  this part, the child may be placed into secure or, nonsecure, or
 1901  home detention care only pursuant to a court hearing in which
 1902  the original risk assessment instrument and the, rescored based
 1903  on newly discovered evidence or changed circumstances are
 1904  introduced into evidence with a rescored risk assessment
 1905  instrument with the results recommending detention, is
 1906  introduced into evidence.
 1907         (3)(a) If When a juvenile sexual offender is placed in
 1908  detention, detention staff shall provide appropriate monitoring
 1909  and supervision to ensure the safety of other children in the
 1910  facility.
 1911         (b) If When a juvenile charged with murder under s. 782.04,
 1912  sexual battery under chapter 794, stalking under s. 784.048, or
 1913  domestic violence as defined in s. 741.28, or an attempt to
 1914  commit any of these offenses sexual offender, under this
 1915  subsection, is released from secure detention or transferred to
 1916  home detention or nonsecure detention, detention staff shall
 1917  immediately notify the appropriate law enforcement agency, and
 1918  school personnel, and the victim.
 1919         (4)(a) While a child who is currently enrolled in school is
 1920  in nonsecure or home detention care, the child shall continue to
 1921  attend school unless otherwise ordered by the court.
 1922         (b) While a child is in secure detention care, the child
 1923  shall receive education commensurate with his or her grade level
 1924  and educational ability.
 1925         (5) The court shall order the delivery of a child to a jail
 1926  or other facility intended or used for the detention of adults:
 1927         (a) If When the child has been transferred or indicted for
 1928  criminal prosecution as an adult under part X., except that The
 1929  court may not order or allow a child alleged to have committed a
 1930  misdemeanor who is being transferred for criminal prosecution
 1931  pursuant to either s. 985.556 or s. 985.557 to be detained or
 1932  held in a jail or other facility intended or used for the
 1933  detention of adults; however, such child may be held temporarily
 1934  in a detention facility; or
 1935         (b) If When a child taken into custody in this state is
 1936  wanted by another jurisdiction for prosecution as an adult.
 1937  
 1938  A The child shall be housed separately from adult inmates to
 1939  prohibit the a child from having regular contact with
 1940  incarcerated adults, including trustees. As used in this
 1941  subsection, the term “regular contact” means sight and sound
 1942  contact. Separation of children from adults may not allow shall
 1943  permit no more than haphazard or accidental contact. The
 1944  receiving jail or other facility shall provide contain a
 1945  separate section for children and shall have an adequate staff
 1946  adequate to supervise and monitor the child’s activities at all
 1947  times. Supervision and monitoring of children includes physical
 1948  observation and documented checks by jail or receiving facility
 1949  supervisory personnel at intervals not to exceed 10 15 minutes.
 1950  This subsection does not prohibit placing two or more children
 1951  in the same cell. Under no circumstances shall A child may not
 1952  be placed in a the same cell with an adult.
 1953         Section 17. Section 985.27, Florida Statutes, is amended to
 1954  read:
 1955         985.27 Postadjudication Postcommitment detention while
 1956  awaiting commitment placement.—
 1957         (1) The court must place all children who are adjudicated
 1958  and awaiting placement in a commitment program in detention
 1959  care. Children who are in home detention care or nonsecure
 1960  detention care may be placed on electronic monitoring.
 1961         (a) A child who is awaiting placement in a low-risk
 1962  residential program must be removed from detention within 5
 1963  days, excluding Saturdays, Sundays, and legal holidays. Any
 1964  child held in secure detention during the 5 days must meet
 1965  detention admission criteria under this part. A child who is
 1966  placed in home detention care, nonsecure detention care, or home
 1967  or nonsecure detention care with electronic monitoring, while
 1968  awaiting placement in a minimum-risk or low-risk program, may be
 1969  held in secure detention care for 5 days, if the child violates
 1970  the conditions of the home detention care, the nonsecure
 1971  detention care, or the electronic monitoring agreement. For any
 1972  subsequent violation, the court may impose an additional 5 days
 1973  in secure detention care.
 1974         (b) A child who is awaiting placement in a nonsecure
 1975  moderate-risk residential program must be removed from detention
 1976  within 5 days, excluding Saturdays, Sundays, and legal holidays.
 1977  A Any child held in secure detention during the 5 days must meet
 1978  detention admission criteria under this part. The department may
 1979  seek an order from the court authorizing continued detention for
 1980  a specific period of time necessary for the appropriate
 1981  residential placement of the child. However, such continued
 1982  detention in secure detention care may not exceed 15 days after
 1983  entry of the commitment order, excluding Saturdays, Sundays, and
 1984  legal holidays, and except as otherwise provided in this
 1985  section. A child who is placed in home detention care, nonsecure
 1986  detention care, or home or nonsecure detention care with
 1987  electronic monitoring, while awaiting placement in a nonsecure
 1988  residential moderate-risk program, may be held in secure
 1989  detention care for 5 days, if the child violates the conditions
 1990  of the home detention care, the nonsecure detention care, or the
 1991  electronic monitoring agreement. For any subsequent violation,
 1992  the court may impose an additional 5 days in secure detention
 1993  care.
 1994         (b)(c) If the child is committed to a high-risk residential
 1995  program, the child must be held in secure detention care until
 1996  placement or commitment is accomplished.
 1997         (c)(d) If the child is committed to a maximum-risk
 1998  residential program, the child must be held in secure detention
 1999  care until placement or commitment is accomplished.
 2000         (2) Regardless of detention status, a child being
 2001  transported by the department to a residential commitment
 2002  facility of the department may be placed in secure detention for
 2003  up to 24 hours overnight, not to exceed a 24-hour period, for
 2004  the specific purpose of ensuring the safe delivery of the child
 2005  to his or her residential commitment program, court,
 2006  appointment, transfer, or release.
 2007         Section 18. Subsection (1) of section 985.275, Florida
 2008  Statutes, is amended to read:
 2009         985.275 Detention of escapee or absconder on authority of
 2010  the department.—
 2011         (1) If an authorized agent of the department has reasonable
 2012  grounds to believe that a any delinquent child committed to the
 2013  department has escaped from a residential commitment facility or
 2014  in the course of lawful transportation to or from such facility
 2015  from being lawfully transported thereto or therefrom, or has
 2016  absconded from a nonresidential commitment facility, the agent
 2017  shall notify law enforcement and, if the offense qualifies under
 2018  chapter 960, notify the victim, and make every reasonable effort
 2019  to locate the delinquent child. The child may be returned take
 2020  the child into active custody and may deliver the child to the
 2021  facility or, if it is closer, to a detention center for return
 2022  to the facility. However, a child may not be held in detention
 2023  more longer than 24 hours, excluding Saturdays, Sundays, and
 2024  legal holidays, unless a special order so directing is made by
 2025  the judge after a detention hearing resulting in a finding that
 2026  detention is required based on the criteria in s. 985.255. The
 2027  order must shall state the reasons for such finding. The reasons
 2028  are shall be reviewable by appeal or in habeas corpus
 2029  proceedings in the district court of appeal.
 2030         Section 19. Paragraph (b) of subsection (4), paragraph (h)
 2031  of subsection (6), and paragraph (a) of subsection (7) of
 2032  section 985.433, Florida Statutes, are amended to read:
 2033         985.433 Disposition hearings in delinquency cases.—When a
 2034  child has been found to have committed a delinquent act, the
 2035  following procedures shall be applicable to the disposition of
 2036  the case:
 2037         (4) Before the court determines and announces the
 2038  disposition to be imposed, it shall:
 2039         (b) Discuss with the child his or her compliance with any
 2040  predisposition home release plan or other plan imposed since the
 2041  date of the offense.
 2042         (6) The first determination to be made by the court is a
 2043  determination of the suitability or nonsuitability for
 2044  adjudication and commitment of the child to the department. This
 2045  determination shall include consideration of the recommendations
 2046  of the department, which may include a predisposition report.
 2047  The predisposition report shall include, whether as part of the
 2048  child’s multidisciplinary assessment, classification, and
 2049  placement process components or separately, evaluation of the
 2050  following criteria:
 2051         (h) The child’s educational status, including, but not
 2052  limited to, the child’s strengths, abilities, and unmet and
 2053  special educational needs. The report must shall identify
 2054  appropriate educational and career vocational goals for the
 2055  child. Examples of appropriate goals include:
 2056         1. Attainment of a high school diploma or its equivalent.
 2057         2. Successful completion of literacy course(s).
 2058         3. Successful completion of career and technical
 2059  educational vocational course(s).
 2060         4. Successful attendance and completion of the child’s
 2061  current grade, or recovery of credits of classes the child
 2062  previously failed, if enrolled in school.
 2063         5. Enrollment in an apprenticeship or a similar program.
 2064  
 2065  It is the intent of the Legislature that the criteria set forth
 2066  in this subsection are general guidelines to be followed at the
 2067  discretion of the court and not mandatory requirements of
 2068  procedure. It is not the intent of the Legislature to provide
 2069  for the appeal of the disposition made under this section.
 2070         (7) If the court determines that the child should be
 2071  adjudicated as having committed a delinquent act and should be
 2072  committed to the department, such determination shall be in
 2073  writing or on the record of the hearing. The determination shall
 2074  include a specific finding of the reasons for the decision to
 2075  adjudicate and to commit the child to the department, including
 2076  any determination that the child was a member of a criminal
 2077  gang.
 2078         (a) The department juvenile probation officer shall
 2079  recommend to the court the most appropriate placement and
 2080  treatment plan, specifically identifying the restrictiveness
 2081  level most appropriate for the child if commitment is
 2082  recommended. If the court has determined that the child was a
 2083  member of a criminal gang, that determination shall be given
 2084  great weight in identifying the most appropriate restrictiveness
 2085  level for the child. The court shall consider the department’s
 2086  recommendation in making its commitment decision.
 2087         Section 20. Present subsections (4) through (6) of section
 2088  985.435, Florida Statutes, are redesignated as subsections (5)
 2089  through (7), respectively, a new subsection (4) is added to that
 2090  section, and subsection (3) and present subsection (4) of that
 2091  section are amended, to read:
 2092         985.435 Probation and postcommitment probation; community
 2093  service.—
 2094         (3) A probation program must also include a rehabilitative
 2095  program component such as a requirement of participation in
 2096  substance abuse treatment or in a school or career and technical
 2097  other educational program. The nonconsent of the child to
 2098  treatment in a substance abuse treatment program does not
 2099  preclude in no way precludes the court from ordering such
 2100  treatment. Upon the recommendation of the department at the time
 2101  of disposition, or subsequent to disposition pursuant to the
 2102  filing of a petition alleging a violation of the child’s
 2103  conditions of postcommitment probation, the court may order the
 2104  child to submit to random testing for the purpose of detecting
 2105  and monitoring the use of alcohol or controlled substances.
 2106         (4) A probation program may also include an alternative
 2107  consequence component to address instances in which a child is
 2108  noncompliant with technical conditions of his or her probation,
 2109  but has not committed any new violations of law. The alternative
 2110  consequence component shall be designed to provide swift and
 2111  appropriate consequences to any noncompliance with technical
 2112  conditions of probation. If the probation program includes this
 2113  component, specific consequences that apply to noncompliance
 2114  with specific technical conditions of probation must be detailed
 2115  in the disposition order.
 2116         (5)(4)An evaluation of the youth’s risk to reoffend A
 2117  classification scale for levels of supervision shall be provided
 2118  by the department, taking into account the child’s needs and
 2119  risks relative to probation supervision requirements to
 2120  reasonably ensure the public safety. Probation programs for
 2121  children shall be supervised by the department or by any other
 2122  person or agency specifically authorized by the court. These
 2123  programs must include, but are not limited to, structured or
 2124  restricted activities as described in this section and s.
 2125  985.439, and shall be designed to encourage the child toward
 2126  acceptable and functional social behavior.
 2127         Section 21. Paragraph (a) of subsection (1) and subsection
 2128  (4) of section 985.439, Florida Statutes, are amended to read:
 2129         985.439 Violation of probation or postcommitment
 2130  probation.—
 2131         (1)(a) This section is applicable when the court has
 2132  jurisdiction over a child on probation or postcommitment
 2133  probation, regardless of adjudication an adjudicated delinquent
 2134  child.
 2135         (4) Upon the child’s admission, or if the court finds after
 2136  a hearing that the child has violated the conditions of
 2137  probation or postcommitment probation, the court shall enter an
 2138  order revoking, modifying, or continuing probation or
 2139  postcommitment probation. In each such case, the court shall
 2140  enter a new disposition order and, in addition to the sanctions
 2141  set forth in this section, may impose any sanction the court
 2142  could have imposed at the original disposition hearing. If the
 2143  child is found to have violated the conditions of probation or
 2144  postcommitment probation, the court may:
 2145         (a) Place the child in a consequence unit in that judicial
 2146  circuit, if available, for up to 5 days for a first violation
 2147  and up to 15 days for a second or subsequent violation.
 2148         (b) Place the child on nonsecure home detention with
 2149  electronic monitoring. However, this sanction may be used only
 2150  if a residential consequence unit is not available.
 2151         (c) Modify or continue the child’s probation program or
 2152  postcommitment probation program.
 2153         (d) Revoke probation or postcommitment probation and commit
 2154  the child to the department.
 2155         (e) If the violation of probation is technical in nature
 2156  and not a new violation of law, place the child in an
 2157  alternative consequence program designed to provide swift and
 2158  appropriate consequences for any further violations of
 2159  probation.
 2160         1. Alternative consequence programs shall be established at
 2161  the local level in coordination with law enforcement agencies,
 2162  the chief judge of the circuit, the state attorney, and the
 2163  public defender.
 2164         2. Alternative consequence programs may be operated by an
 2165  entity such as a law enforcement agency, the department, a
 2166  juvenile assessment center, a county or municipality, or another
 2167  entity selected by the department.
 2168         3. Upon placing a child in an alternative consequence
 2169  program, the court must approve specific consequences for
 2170  specific violations of the conditions of probation.
 2171         Section 22. Subsection (2) of section 985.441, Florida
 2172  Statutes, is amended to read:
 2173         985.441 Commitment.—
 2174         (2) Notwithstanding subsection (1), the court having
 2175  jurisdiction over an adjudicated delinquent child whose
 2176  underlying offense is was a misdemeanor, or a child who is
 2177  currently on probation for a misdemeanor, may not commit the
 2178  child for any misdemeanor offense or any probation violation
 2179  that is technical in nature and not a new violation of law at a
 2180  restrictiveness level other than minimum-risk nonresidential
 2181  unless the probation violation is a new violation of law
 2182  constituting a felony. However, the court may commit such child
 2183  to a nonsecure low-risk or moderate-risk residential placement
 2184  if:
 2185         (a) The child has previously been adjudicated or had
 2186  adjudication withheld for a felony offense;
 2187         (b) The child has previously been adjudicated or had
 2188  adjudication withheld for three or more misdemeanor offenses
 2189  within the preceding 18 months;
 2190         (c) The child is before the court for disposition for a
 2191  violation of s. 800.03, s. 806.031, or s. 828.12; or
 2192         (d) The court finds by a preponderance of the evidence that
 2193  the protection of the public requires such placement or that the
 2194  particular needs of the child would be best served by such
 2195  placement. Such finding must be in writing.
 2196         Section 23. Paragraph (a) of subsection (1) and subsection
 2197  (5) of section 985.46, Florida Statutes, are amended to read:
 2198         985.46 Conditional release.—
 2199         (1) The Legislature finds that:
 2200         (a) Conditional release is the care, treatment, help,
 2201  provision of transition-to-adulthood services, and supervision
 2202  provided to juveniles released from residential commitment
 2203  programs to promote rehabilitation and prevent recidivism.
 2204         (5) Participation in the educational program by students of
 2205  compulsory school attendance age pursuant to s. 1003.21(1) and
 2206  (2)(a) is mandatory for juvenile justice youth on conditional
 2207  release or postcommitment probation status. A student of
 2208  noncompulsory school-attendance age who has not received a high
 2209  school diploma or its equivalent must participate in an the
 2210  educational or career and technical educational program. A youth
 2211  who has received a high school diploma or its equivalent and is
 2212  not employed must participate in workforce development or other
 2213  career or technical education or attend a community college or a
 2214  university while in the program, subject to available funding.
 2215         Section 24. Subsections (1) through (5) of section 985.461,
 2216  Florida Statutes, are amended to read:
 2217         985.461 Transition to adulthood.—
 2218         (1) The Legislature finds that older youth are faced with
 2219  the need to learn how to support themselves within legal means
 2220  and overcome the stigma of being delinquent. In most cases,
 2221  parents expedite this transition. It is the intent of the
 2222  Legislature that the department provide older youth in its
 2223  custody or under its supervision with opportunities for
 2224  participating in transition-to-adulthood services while in the
 2225  department’s commitment programs or in probation or conditional
 2226  release programs in the community. These services should be
 2227  reasonable and appropriate for the youths’ respective ages or
 2228  special needs and provide activities that build life skills and
 2229  increase the ability to live independently and become self
 2230  sufficient.
 2231         (2) Youth served by the department who are in the custody
 2232  of the Department of Children and Families Family Services and
 2233  who entered juvenile justice placement from a foster care
 2234  placement, if otherwise eligible, may receive independent living
 2235  transition services pursuant to s. 409.1451. Court-ordered
 2236  commitment or probation with the department is not a barrier to
 2237  eligibility for the array of services available to a youth who
 2238  is in the dependency foster care system only.
 2239         (3) For a dependent child in the foster care system,
 2240  adjudication for delinquency does not, by itself, disqualify
 2241  such child for eligibility in the Department of Children and
 2242  Families’ Family Services’ independent living program.
 2243         (4) As part of the child’s treatment plan, the department
 2244  may provide transition-to-adulthood services to children
 2245  released from residential commitment. To support participation
 2246  in transition-to-adulthood services and subject to
 2247  appropriation, the department may:
 2248         (a) Assess the child’s skills and abilities to live
 2249  independently and become self-sufficient. The specific services
 2250  to be provided shall be determined using an assessment of his or
 2251  her readiness for adult life.
 2252         (b) Use community reentry teams to assist in the
 2253  development of Develop a list of age-appropriate activities and
 2254  responsibilities to be incorporated in the child’s written case
 2255  plan for any youth 17 years of age or older who is under the
 2256  custody or supervision of the department. Community reentry
 2257  teams may include representation from school districts, law
 2258  enforcement, workforce development services, community-based
 2259  service providers, and the youth’s family. Activities may
 2260  include, but are not limited to, life skills training, including
 2261  training to develop banking and budgeting skills, interviewing
 2262  and career planning skills, parenting skills, personal health
 2263  management, and time management or organizational skills;
 2264  educational support; employment training; and counseling.
 2265         (c) Provide information related to social security
 2266  insurance benefits and public assistance.
 2267         (d) Request parental or guardian permission for the youth
 2268  to participate in transition-to-adulthood services. Upon such
 2269  consent, age-appropriate activities shall be incorporated into
 2270  the youth’s written case plan. This plan may include specific
 2271  goals and objectives and shall be reviewed and updated at least
 2272  quarterly. If the parent or guardian is cooperative, the plan
 2273  may not interfere with the parent’s or guardian’s rights to
 2274  nurture and train his or her child in ways that are otherwise in
 2275  compliance with the law and court order.
 2276         (e) Contract for transition-to-adulthood services that
 2277  include residential services and assistance and allow the child
 2278  to live independently of the daily care and supervision of an
 2279  adult in a setting that is not licensed under s. 409.175. A
 2280  child under the care or supervision of the department who has
 2281  reached 17 years of age but is not yet 19 years of age is
 2282  eligible for such services if he or she does not pose a danger
 2283  to the public and is able to demonstrate minimally sufficient
 2284  skills and aptitude for living under decreased adult
 2285  supervision, as determined by the department, using established
 2286  procedures and assessments.
 2287         (f) Assist the youth in building a portfolio of educational
 2288  and vocational accomplishments, necessary identification,
 2289  resumes, and cover letters in an effort to enhance the youth’s
 2290  employability.
 2291         (g) Collaborate with school district contacts to facilitate
 2292  appropriate educational services based on the youth’s identified
 2293  needs.
 2294         (5) For a child who is 17 years of age or older, under the
 2295  department’s care or supervision, and without benefit of parents
 2296  or legal guardians capable of assisting the child in the
 2297  transition to adult life, the department may provide an
 2298  assessment to determine the child’s skills and abilities to live
 2299  independently and become self-sufficient. Based on the
 2300  assessment and within existing resources, services and training
 2301  may be provided in order to develop the necessary skills and
 2302  abilities before the child’s 18th birthday.
 2303         Section 25. Paragraph (b) of subsection (3) of section
 2304  985.481, Florida Statutes, is amended to read:
 2305         985.481 Sexual offenders adjudicated delinquent;
 2306  notification upon release.—
 2307         (3)
 2308         (b) No later than November 1, 2007, The department shall
 2309  must make the information described in subparagraph (a)1.
 2310  available electronically to the Department of Law Enforcement in
 2311  its database and in a format that is compatible with the
 2312  requirements of the Florida Crime Information Center.
 2313         Section 26. Subsection (5) of section 985.4815, Florida
 2314  Statutes, is amended to read:
 2315         985.4815 Notification to Department of Law Enforcement of
 2316  information on juvenile sexual offenders.—
 2317         (5) In addition to notification and transmittal
 2318  requirements imposed by any other provision of law, the
 2319  department shall compile information on any sexual offender and
 2320  provide the information to the Department of Law Enforcement. No
 2321  later than November 1, 2007, The department shall must make the
 2322  information available electronically to the Department of Law
 2323  Enforcement in its database in a format that is compatible with
 2324  the requirements of the Florida Crime Information Center.
 2325         Section 27. Subsection (2), paragraph (a) of subsection
 2326  (3), and paragraph (a) of subsection (9) of section 985.601,
 2327  Florida Statutes, are amended to read:
 2328         985.601 Administering the juvenile justice continuum.—
 2329         (2) The department shall develop and implement an
 2330  appropriate continuum of care that provides individualized,
 2331  multidisciplinary assessments, objective evaluations of relative
 2332  risks, and the matching of needs with placements for all
 2333  children under its care, and that uses a system of case
 2334  management to facilitate each child being appropriately
 2335  assessed, provided with services, and placed in a program that
 2336  meets the child’s needs. The Legislature recognizes that the
 2337  purpose of the juvenile justice system is to increase public
 2338  safety by reducing juvenile delinquency and recognizes the
 2339  importance of ensuring that children who are assessed as low and
 2340  moderate risk to reoffend are considered for placement in a
 2341  nonresidential program.
 2342         (3)(a) The department shall develop or contract for
 2343  diversified and innovative programs to provide rehabilitative
 2344  treatment, including early intervention and prevention,
 2345  diversion, comprehensive intake, case management, diagnostic and
 2346  classification assessments, trauma-informed care, individual and
 2347  family counseling, family engagement resources and programs,
 2348  gender-specific programming, shelter care, diversified detention
 2349  care emphasizing alternatives to secure detention, diversified
 2350  probation, halfway houses, foster homes, community-based
 2351  substance abuse treatment services, community-based mental
 2352  health treatment services, community-based residential and
 2353  nonresidential programs, mother-infant programs, and
 2354  environmental programs. The department may pay expenses in
 2355  support of innovative programs and activities that address the
 2356  identified needs and well-being of children in the department’s
 2357  care or under its supervision. Each program shall place
 2358  particular emphasis on reintegration and conditional release for
 2359  all children in the program.
 2360         (9)(a) The department shall operate a statewide, regionally
 2361  administered system of detention services for children, in
 2362  accordance with a comprehensive plan for the regional
 2363  administration of all detention services in the state. The plan
 2364  must provide for the maintenance of adequate availability of
 2365  detention services for all counties. The plan must cover all the
 2366  department’s operating circuits, with each operating circuit
 2367  having access to a secure facility and nonsecure and home
 2368  detention programs., and The plan may be altered or modified by
 2369  the department of Juvenile Justice as necessary.
 2370         Section 28. Section 985.605, Florida Statutes, is repealed.
 2371         Section 29. Section 985.606, Florida Statutes, is repealed.
 2372         Section 30. Section 985.61, Florida Statutes, is repealed.
 2373         Section 31. Section 985.632, Florida Statutes, is reordered
 2374  and amended to read:
 2375         985.632 Quality improvement assurance and cost
 2376  effectiveness.—
 2377         (2)(1)PERFORMANCE ACCOUNTABILITY.—It is the intent of the
 2378  Legislature that the department establish a performance
 2379  accountability system for each provider who contracts with the
 2380  department for the delivery of services to children. The
 2381  contract must include both output measures, such as the number
 2382  of children served, and outcome measures, such as program
 2383  completion and postcompletion recidivism. Each contractor shall
 2384  report performance results to the department annually. The
 2385  department’s Bureau of Research and Planning shall summarize
 2386  performance results from all contracts and report the
 2387  information annually to the President of the Senate and the
 2388  Speaker of the House of Representatives in the Comprehensive
 2389  Accountability Report. The report must:
 2390         (a) Ensure that information be provided to decisionmakers
 2391  in a timely manner so that resources are allocated to programs
 2392  that of the department which achieve desired performance levels.
 2393         (b) Provide information about the cost of such programs and
 2394  their differential effectiveness so that the quality of such
 2395  programs can be compared and improvements made continually.
 2396         (c) Provide information to aid in developing related policy
 2397  issues and concerns.
 2398         (d) Provide information to the public about the
 2399  effectiveness of such programs in meeting established goals and
 2400  objectives.
 2401         (e) Provide a basis for a system of accountability so that
 2402  each child client is afforded the best programs to meet his or
 2403  her needs.
 2404         (f) Improve service delivery to children through the use of
 2405  technical assistance clients.
 2406         (g) Modify or eliminate activities or programs that are not
 2407  effective.
 2408         (h) Collect and analyze available statistical data for the
 2409  purpose of ongoing evaluation of all programs.
 2410         (1)(2)DEFINITIONS.—As used in this section, the term:
 2411         (a) “Program” means any facility, service, or program for
 2412  children which is operated by the department or by a provider
 2413  under contract with the department.
 2414         (a) “Client” means any person who is being provided
 2415  treatment or services by the department or by a provider under
 2416  contract with the department.
 2417         (b) “Program component” means an aggregation of generally
 2418  related objectives which, because of their special character,
 2419  related workload, and interrelated output, can logically be
 2420  considered an entity for purposes of organization, management,
 2421  accounting, reporting, and budgeting.
 2422         (c) “Program group” means a collection of programs with
 2423  sufficient similarity of functions, services, and children to
 2424  permit appropriate comparison among programs within the group.
 2425         (c) “Program effectiveness” means the ability of the
 2426  program to achieve desired client outcomes, goals, and
 2427  objectives.
 2428         (3)COMPREHENSIVE ACCOUNTABILITY REPORT.—The department, in
 2429  consultation with the Office of Economic and Demographic
 2430  Research, the Office of Program Policy Analysis and Government
 2431  Accountability, and contract service providers, shall develop
 2432  and use a standard methodology for annually measuring,
 2433  evaluating, and reporting program outputs and child outcomes for
 2434  each program and program group. The standard methodology must:
 2435         (a) Include common terminology and operational definitions
 2436  for measuring the performance of system and program
 2437  administration, program outputs, and program outcomes.
 2438         (b) Specify program outputs for each program and for each
 2439  program group within the juvenile justice continuum.
 2440         (c) Specify desired child outcomes and methods by which
 2441  child outcomes may be measured for each program and program
 2442  group.
 2443         (3) The department shall annually collect and report cost
 2444  data for every program operated or contracted by the department.
 2445  The cost data shall conform to a format approved by the
 2446  department and the Legislature. Uniform cost data shall be
 2447  reported and collected for state-operated and contracted
 2448  programs so that comparisons can be made among programs. The
 2449  department shall ensure that there is accurate cost accounting
 2450  for state-operated services including market-equivalent rent and
 2451  other shared cost. The cost of the educational program provided
 2452  to a residential facility shall be reported and included in the
 2453  cost of a program. The department shall submit an annual cost
 2454  report to the President of the Senate, the Speaker of the House
 2455  of Representatives, the Minority Leader of each house of the
 2456  Legislature, the appropriate substantive and fiscal committees
 2457  of each house of the Legislature, and the Governor, no later
 2458  than December 1 of each year. Cost-benefit analysis for
 2459  educational programs will be developed and implemented in
 2460  collaboration with and in cooperation with the Department of
 2461  Education, local providers, and local school districts. Cost
 2462  data for the report shall include data collected by the
 2463  Department of Education for the purposes of preparing the annual
 2464  report required by s. 1003.52(19).
 2465         (4)(a)COST-EFFECTIVENESS MODEL.—The department, in
 2466  consultation with the Office of Economic and Demographic
 2467  Research and contract service providers, shall develop a cost
 2468  effectiveness model and apply the model to each commitment
 2469  program. Program recidivism rates shall be a component of the
 2470  model.
 2471         (a) The cost-effectiveness model must shall compare program
 2472  costs to expected and actual child recidivism rates client
 2473  outcomes and program outputs. It is the intent of the
 2474  Legislature that continual development efforts take place to
 2475  improve the validity and reliability of the cost-effectiveness
 2476  model.
 2477         (b) The department shall rank commitment programs based on
 2478  the cost-effectiveness model, performance measures, and
 2479  adherence to quality improvement standards and shall submit a
 2480  report this data in the annual Comprehensive Accountability
 2481  Report to the appropriate substantive and fiscal committees of
 2482  each house of the Legislature by December 31 of each year.
 2483         (c) Based on reports of the department on child client
 2484  outcomes and program outputs and on the department’s most recent
 2485  cost-effectiveness rankings, the department may terminate a
 2486  program operated by the department or a provider if the program
 2487  has failed to achieve a minimum standard threshold of program
 2488  effectiveness. This paragraph does not preclude the department
 2489  from terminating a contract as provided under this section or as
 2490  otherwise provided by law or contract, and does not limit the
 2491  department’s authority to enter into or terminate a contract.
 2492         (d) In collaboration with the Office of Economic and
 2493  Demographic Research, and contract service providers, the
 2494  department shall develop a work plan to refine the cost
 2495  effectiveness model so that the model is consistent with the
 2496  performance-based program budgeting measures approved by the
 2497  Legislature to the extent the department deems appropriate. The
 2498  department shall notify the Office of Program Policy Analysis
 2499  and Government Accountability of any meetings to refine the
 2500  model.
 2501         (e) Contingent upon specific appropriation, the department,
 2502  in consultation with the Office of Economic and Demographic
 2503  Research, and contract service providers, shall:
 2504         1. Construct a profile of each commitment program that uses
 2505  the results of the quality improvement assurance report required
 2506  by this section, the cost-effectiveness report required in this
 2507  subsection, and other reports available to the department.
 2508         2. Target, for a more comprehensive evaluation, any
 2509  commitment program that has achieved consistently high, low, or
 2510  disparate ratings in the reports required under subparagraph 1.
 2511  and target, for technical assistance, any commitment program
 2512  that has achieved low or disparate ratings in the reports
 2513  required under subparagraph 1.
 2514         3. Identify the essential factors that contribute to the
 2515  high, low, or disparate program ratings.
 2516         4. Use the results of these evaluations in developing or
 2517  refining juvenile justice programs or program models, child
 2518  client outcomes and program outputs, provider contracts, quality
 2519  improvement assurance standards, and the cost-effectiveness
 2520  model.
 2521         (5) QUALITY IMPROVEMENT; MINIMUM STANDARDS.—The department
 2522  shall:
 2523         (a) Establish a comprehensive quality improvement assurance
 2524  system for each program operated by the department or operated
 2525  by a provider under contract with the department. Each contract
 2526  entered into by the department must provide for quality
 2527  improvement assurance.
 2528         (b) Provide operational definitions of and criteria for
 2529  quality improvement assurance for each specific program
 2530  component.
 2531         (c) Establish quality improvement assurance goals and
 2532  objectives for each specific program component.
 2533         (d) Establish the information and specific data elements
 2534  required for the quality improvement assurance program.
 2535         (e) Develop a quality improvement assurance manual of
 2536  specific, standardized terminology and procedures to be followed
 2537  by each program.
 2538         (f) Evaluate each program operated by the department or a
 2539  provider under a contract with the department annually and
 2540  establish minimum standards thresholds for each program
 2541  component. If a provider fails to meet the established minimum
 2542  standards thresholds, such failure shall cause the department
 2543  shall to cancel the provider’s contract unless the provider
 2544  complies achieves compliance with minimum standards thresholds
 2545  within 6 months or unless there are documented extenuating
 2546  circumstances. In addition, the department may not contract with
 2547  the same provider for the canceled service for a period of 12
 2548  months. If a department-operated program fails to meet the
 2549  established minimum standards thresholds, the department must
 2550  take necessary and sufficient steps to ensure, and document
 2551  program changes to achieve, compliance with the established
 2552  minimum standards thresholds. If the department-operated program
 2553  fails to achieve compliance with the established minimum
 2554  standards thresholds within 6 months and if there are no
 2555  documented extenuating circumstances, the department shall must
 2556  notify the Executive Office of the Governor and the Legislature
 2557  of the corrective action taken. Appropriate corrective action
 2558  may include, but is not limited to:
 2559         1. Contracting out for the services provided in the
 2560  program;
 2561         2. Initiating appropriate disciplinary action against all
 2562  employees whose conduct or performance is deemed to have
 2563  materially contributed to the program’s failure to meet
 2564  established minimum thresholds;
 2565         3. Redesigning the program; or
 2566         4. Realigning the program.
 2567         (6) COMPREHENSIVE ACCOUNTABILITY REPORT; SUBMITTAL.—No
 2568  later than February 1 of each year, the department shall submit
 2569  the Comprehensive Accountability an annual Report to the
 2570  Governor, the President of the Senate, the Speaker of the House
 2571  of Representatives, the Minority Leader of each house of the
 2572  Legislature, and the appropriate substantive and fiscal
 2573  committees of each house of the Legislature, and the Governor,
 2574  no later than February 1 of each year. The Comprehensive
 2575  Accountability annual Report must contain, at a minimum, for
 2576  each specific program component: a comprehensive description of
 2577  the population served by the program; a specific description of
 2578  the services provided by the program; cost; a comparison of
 2579  expenditures to federal and state funding; immediate and long
 2580  range concerns; and recommendations to maintain, expand,
 2581  improve, modify, or eliminate each program component so that
 2582  changes in services lead to enhancement in program quality. The
 2583  department shall ensure the reliability and validity of the
 2584  information contained in the report.
 2585         (7)(6)ONGOING EVALUATION.—The department shall collect and
 2586  analyze available statistical data for the purpose of ongoing
 2587  evaluation of all programs. The department shall provide the
 2588  Legislature with necessary information and reports to enable the
 2589  Legislature to make informed decisions regarding the
 2590  effectiveness of, and any needed changes in, services, programs,
 2591  policies, and laws.
 2592         Section 32. Paragraph (a) of subsection (1) and paragraph
 2593  (b) of subsection (3) of section 985.644, Florida Statutes, are
 2594  amended to read:
 2595         985.644 Departmental contracting powers; personnel
 2596  standards and screening.—
 2597         (1) The department may contract with the Federal
 2598  Government, other state departments and agencies, county and
 2599  municipal governments and agencies, public and private agencies,
 2600  and private individuals and corporations in carrying out the
 2601  purposes of, and the responsibilities established in, this
 2602  chapter.
 2603         (a) Each contract entered into by the department for
 2604  services delivered on an appointment or intermittent basis by a
 2605  provider that does not have regular custodial responsibility for
 2606  children, and each contract with a school for before or
 2607  aftercare services, must ensure that all owners, operators, and
 2608  personnel who have direct contact with children are subject to
 2609  level 2 background screening pursuant to chapter 435.
 2610         (3)
 2611         (b) Certified Except for law enforcement, correctional, and
 2612  correctional probation officers, pursuant to s. 943.13, are not
 2613  required to submit to level 2 screenings while employed by a law
 2614  enforcement agency or correctional facility. to whom s.
 2615  943.13(5) applies, The department shall electronically submit to
 2616  the Department of Law Enforcement:
 2617         1. Fingerprint information obtained during the employment
 2618  screening required by subparagraph (a)1.
 2619         2. Fingerprint information for all persons employed by the
 2620  department, or by a provider under contract with the department,
 2621  in delinquency facilities, services, or programs if such
 2622  fingerprint information has not previously been previously
 2623  electronically submitted pursuant to this section to the
 2624  Department of Law Enforcement under this paragraph.
 2625         Section 33. Section 985.6441, Florida Statutes, is created
 2626  to read:
 2627         985.6441 Health care services.—
 2628         (1) As used in this section, the term:
 2629         (a) “Hospital” means a hospital licensed under chapter 395.
 2630         (b) “Health care provider” has the same meaning as provided
 2631  in s. 766.105.
 2632         (2) The following reimbursement limitations apply to the
 2633  compensation of health care providers by the department:
 2634         (a)If there is no contract between the department and a
 2635  hospital or a health care provider providing services at a
 2636  hospital, payments to such hospital or such health care provider
 2637  may not exceed 110 percent of the Medicare allowable rate for
 2638  any health care service provided.
 2639         (b)If a contract has been executed between the department
 2640  and a hospital or a health care provider providing services at a
 2641  hospital, the department may continue to make payments for
 2642  health care services at the currently contracted rates through
 2643  the current term of the contract; however, payments may not
 2644  exceed 110 percent of the Medicare allowable rate after the
 2645  current term of the contract expires or after the contract is
 2646  renewed during the 2013-2014 fiscal year.
 2647         (c)Payments may not exceed 110 percent of the Medicare
 2648  allowable rate under a contract executed on or after July 1,
 2649  2014, between the department and a hospital or a health care
 2650  provider providing services at a hospital.
 2651         (d)Notwithstanding paragraphs (a)-(c), the department may
 2652  pay up to 125 percent of the Medicare allowable rate for health
 2653  care services at a hospital that demonstrates or has
 2654  demonstrated through hospital-audited financial data a negative
 2655  operating margin for the previous fiscal year to the Agency for
 2656  Health Care Administration.
 2657         (e)The department may execute a contract for health care
 2658  services at a hospital for rates other than rates based on a
 2659  percentage of the Medicare allowable rate.
 2660         Section 34. Section 985.66, Florida Statutes, is amended to
 2661  read:
 2662         985.66 Juvenile justice training academies; staff
 2663  development and training; Juvenile Justice Training Trust Fund.—
 2664         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
 2665  provide a systematic approach to staff development and training
 2666  for judges, state attorneys, public defenders, law enforcement
 2667  officers, school district personnel, and juvenile justice
 2668  program staff which meets that will meet the needs of such
 2669  persons in the their discharge of their duties while at the same
 2670  time meeting the requirements for the American Correction
 2671  Association accreditation by the Commission on Accreditation for
 2672  Corrections, it is the purpose of the Legislature to require the
 2673  department to establish, maintain, and oversee the operation of
 2674  juvenile justice training programs and courses academies in the
 2675  state. The purpose of the Legislature in establishing staff
 2676  development and training programs is to provide employees of the
 2677  department or any private or public entity or contract providers
 2678  who provide services or care for youth under the responsibility
 2679  of the department with the knowledge and skills to appropriately
 2680  interact with youth and provide such care foster better staff
 2681  morale and reduce mistreatment and aggressive and abusive
 2682  behavior in delinquency programs; to positively impact the
 2683  recidivism of children in the juvenile justice system; and to
 2684  afford greater protection of the public through an improved
 2685  level of services delivered by a professionally trained juvenile
 2686  justice program staff to children who are alleged to be or who
 2687  have been found to be delinquent.
 2688         (2) STAFF DEVELOPMENT AND TRAINING.—The department shall:
 2689         (a) Designate the number and location of the training
 2690  programs and courses academies; assess, design, develop,
 2691  implement, evaluate, maintain, and update the curriculum to be
 2692  used in the training of juvenile justice program staff;
 2693  establish timeframes for participation in and completion of
 2694  training by juvenile justice program staff; develop, implement,
 2695  score, analyze, maintain, and update job-related examinations;
 2696  develop, implement, analyze, and update the types and
 2697  frequencies of evaluations of the training programs, courses,
 2698  and instructors academies; and manage approve, modify, or
 2699  disapprove the budget and contracts for all the training
 2700  deliverables academies, and the contractor to be selected to
 2701  organize and operate the training academies and to provide the
 2702  training curriculum.
 2703         (b) Establish uniform minimum job-related preservice and
 2704  inservice training courses and examinations for juvenile justice
 2705  program staff.
 2706         (c) Consult and cooperate with the state or any political
 2707  subdivision; any private entity or contractor; and with private
 2708  and public universities, colleges, community colleges, and other
 2709  educational institutions concerning the development of juvenile
 2710  justice training and programs or courses of instruction,
 2711  including, but not limited to, education and training in the
 2712  areas of juvenile justice.
 2713         (d) Enter into contracts and agreements with other
 2714  agencies, organizations, associations, corporations,
 2715  individuals, or federal agencies as necessary in the execution
 2716  of the powers of the department or the performance of its
 2717  duties.
 2718         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department shall
 2719  establish a certifiable program for juvenile justice training
 2720  pursuant to this section, and all department program staff. and
 2721  Providers who deliver direct care services pursuant to contract
 2722  with the department shall be required to participate in and
 2723  successfully complete the department-approved program of
 2724  training pertinent to their areas of responsibility. Judges,
 2725  state attorneys, and public defenders, law enforcement officers,
 2726  and school district personnel, and employees of contract
 2727  providers who provide services or care for youth under the
 2728  responsibility of the department may participate in such a
 2729  training program. For the juvenile justice program staff, the
 2730  department shall, based on a job-task analysis:
 2731         (a) The department shall design, implement, maintain,
 2732  evaluate, and revise a basic training program, including a
 2733  competency-based examination, for the purpose of providing
 2734  minimum employment training qualifications for all juvenile
 2735  justice personnel. All program staff of the department and
 2736  providers who deliver direct-care services who are hired after
 2737  October 1, 1999, shall, at a must meet the following minimum
 2738  requirements:
 2739         1. Be at least 19 years of age.
 2740         2. Be a high school graduate or its equivalent, as
 2741  determined by the department.
 2742         3. Not have been convicted of any felony or a misdemeanor
 2743  involving perjury or a false statement, or have received a
 2744  dishonorable discharge from any of the Armed Forces of the
 2745  United States. A Any person who, after September 30, 1999,
 2746  pleads guilty or nolo contendere to or is found guilty of any
 2747  felony or a misdemeanor involving perjury or false statement is
 2748  not eligible for employment, notwithstanding suspension of
 2749  sentence or withholding of adjudication. Notwithstanding this
 2750  subparagraph, a any person who pled nolo contendere to a
 2751  misdemeanor involving a false statement before October 1, 1999,
 2752  and who has had such record of that plea sealed or expunged is
 2753  not ineligible for employment for that reason.
 2754         4. Abide by all the provisions of s. 985.644(1) regarding
 2755  fingerprinting, and background investigations, and other
 2756  screening requirements for personnel.
 2757         5. Execute and submit to the department an affidavit-of
 2758  application form, approved adopted by the department, attesting
 2759  to his or her compliance with subparagraphs 1.-4. The affidavit
 2760  must be executed under oath and constitutes an official
 2761  statement under s. 837.06. The affidavit must include a
 2762  conspicuous statement language that the intentional false
 2763  execution of the affidavit constitutes a misdemeanor of the
 2764  second degree. The employing agency shall retain the affidavit.
 2765         (b) The department shall design, implement, maintain,
 2766  evaluate, and revise an advanced training program, including a
 2767  competency-based examination for each training course, which is
 2768  intended to enhance knowledge, skills, and abilities related to
 2769  job performance.
 2770         (c) The department shall design, implement, maintain,
 2771  evaluate, and revise a career development training program,
 2772  including a competency-based examination for each training
 2773  course. Career development courses are intended to prepare
 2774  personnel for promotion.
 2775         (d) The department is encouraged to design, implement,
 2776  maintain, evaluate, and revise juvenile justice training
 2777  courses, or to enter into contracts for such training courses,
 2778  that are intended to provide for the safety and well-being of
 2779  both citizens and juvenile offenders.
 2780         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
 2781         (a) There is created within the State Treasury a Juvenile
 2782  Justice Training Trust Fund to be used by the department for the
 2783  purpose of funding the development and updating of a job-task
 2784  analysis of juvenile justice personnel; the development,
 2785  implementation, and updating of job-related training courses and
 2786  examinations; and the cost of juvenile justice training courses.
 2787         (b) One dollar from every noncriminal traffic infraction
 2788  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
 2789  deposited into the Juvenile Justice Training Trust Fund.
 2790         (c) In addition to the funds generated by paragraph (b),
 2791  the trust fund may receive funds from any other public or
 2792  private source.
 2793         (d) Funds that are not expended by the end of the budget
 2794  cycle or through a supplemental budget approved by the
 2795  department shall revert to the trust fund.
 2796         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
 2797  The number, location, and establishment of juvenile justice
 2798  training academies shall be determined by the department.
 2799         (5)(6) SCHOLARSHIPS AND STIPENDS.—The department shall
 2800  establish criteria to award scholarships or stipends to
 2801  qualified juvenile justice personnel who are residents of the
 2802  state and who want to pursue a bachelor’s or associate in arts
 2803  degree in juvenile justice or a related field. The department
 2804  shall administer handle the administration of the scholarship or
 2805  stipend. The Department of Education shall manage handle the
 2806  notes issued for the payment of the scholarships or stipends.
 2807  All scholarship and stipend awards shall be paid from the
 2808  Juvenile Justice Training Trust Fund upon vouchers approved by
 2809  the Department of Education and properly certified by the Chief
 2810  Financial Officer. Before Prior to the award of a scholarship or
 2811  stipend, the juvenile justice employee must agree in writing to
 2812  practice her or his profession in juvenile justice or a related
 2813  field for 1 month for each month of grant or to repay the full
 2814  amount of the scholarship or stipend together with interest at
 2815  the rate of 5 percent per annum over a period of up to not to
 2816  exceed 10 years. Repayment is shall be made payable to the state
 2817  for deposit into the Juvenile Justice Training Trust Fund.
 2818         (6)(7) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
 2819  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
 2820  Risk Management of the Department of Financial Services is
 2821  authorized to insure a private agency, individual, or
 2822  corporation operating a state-owned training school under a
 2823  contract to carry out the purposes and responsibilities of any
 2824  program of the department. The coverage authorized under this
 2825  subsection is subject to herein shall be under the same general
 2826  terms and conditions as the coverage afforded the department is
 2827  insured for its responsibilities under chapter 284.
 2828         Section 35. Subsection (5) of section 985.664, Florida
 2829  Statutes, is amended to read:
 2830         985.664 Juvenile justice circuit advisory boards.—
 2831         (5)(a)To form the initial juvenile justice circuit
 2832  advisory board, the Secretary of Juvenile Justice, in
 2833  consultation with the juvenile justice county councils in
 2834  existence on October 1, 2013, shall appoint the chair of the
 2835  board, who must meet the board membership requirements in
 2836  subsection (4). Within 45 days after being appointed, the chair
 2837  shall appoint the remaining members to the juvenile justice
 2838  circuit advisory board and submit the appointments to the
 2839  department for approval.
 2840         (b) Thereafter, When a vacancy in the office of the chair
 2841  occurs, the Secretary of Juvenile Justice, in consultation with
 2842  the juvenile justice circuit advisory board, shall appoint a new
 2843  chair, who must meet the board membership requirements in
 2844  subsection (4). The chair shall appoint members to vacant seats
 2845  within 45 days after the vacancy and submit the appointments to
 2846  the department for approval. The chair serves at the pleasure of
 2847  the Secretary of Juvenile Justice.
 2848         Section 36. Subsections (1) and (4) of section 985.672,
 2849  Florida Statutes, are amended to read:
 2850         985.672 Direct-support organization; definition; use of
 2851  property; board of directors; audit.—
 2852         (1) DEFINITION.—As used in this section, the term “direct
 2853  support organization” means an organization whose sole purpose
 2854  is to support the juvenile justice system and which is:
 2855         (a) A corporation not-for-profit incorporated under chapter
 2856  617 and which is approved by the Department of State;
 2857         (b) Organized and operated to conduct programs and
 2858  activities; to raise funds; to request and receive grants,
 2859  gifts, and bequests of moneys; to acquire, receive, hold,
 2860  invest, and administer, in its own name, securities, funds,
 2861  objects of value, or other property, real or personal property;
 2862  and to make expenditures to or for the direct or indirect
 2863  benefit of the Department of Juvenile Justice or the juvenile
 2864  justice system operated by a county commission or a circuit
 2865  board;
 2866         (c) Determined by the Department of Juvenile Justice to be
 2867  consistent with the goals of the juvenile justice system, in the
 2868  best interest of the state, and in accordance with the adopted
 2869  goals and mission of the Department of Juvenile Justice.
 2870  
 2871  Expenditures of the organization shall be expressly used for the
 2872  prevention and amelioration of to prevent and ameliorate
 2873  juvenile delinquency. Such funds The expenditures of the direct
 2874  support organization may not be used for the purpose of lobbying
 2875  as defined in s. 11.045.
 2876         (4) USE OF PROPERTY.—The department may allow permit,
 2877  without charge, appropriate use of fixed property, and
 2878  facilities, and personnel services of the juvenile justice
 2879  system by the direct-support organization, subject to the
 2880  provisions of this section. For the purposes of this subsection,
 2881  the term “personnel services includes full-time or part-time
 2882  personnel as well as payroll processing services.
 2883         (a) The department may prescribe any condition with which
 2884  the direct-support organization must comply in order to use
 2885  fixed property or facilities of the juvenile justice system.
 2886         (b) The department may not permit the use of any fixed
 2887  property or facilities of the juvenile justice system by the
 2888  direct-support organization if it does not provide equal
 2889  membership and employment opportunities to all persons
 2890  regardless of race, color, religion, sex, age, or national
 2891  origin.
 2892         (c) The department shall adopt rules prescribing the
 2893  procedures by which the direct-support organization is governed
 2894  and any conditions with which a direct-support organization must
 2895  comply to use property or facilities of the department.
 2896         Section 37. Section 985.682, Florida Statutes, is amended
 2897  to read:
 2898         985.682 Siting of facilities; study; criteria.—
 2899         (1) The department is directed to conduct or contract for a
 2900  statewide comprehensive study to determine current and future
 2901  needs for all types of facilities for children committed to the
 2902  custody, care, or supervision of the department under this
 2903  chapter.
 2904         (2) The study shall assess, rank, and designate appropriate
 2905  sites, and shall be reflective of the different purposes and
 2906  uses for all facilities, based upon the following criteria:
 2907         (a) Current and future estimates of children originating
 2908  from each county;
 2909         (b) Current and future estimates of types of delinquent
 2910  acts committed in each county;
 2911         (c) Geographic location of existing facilities;
 2912         (d) Availability of personnel within the local labor
 2913  market;
 2914         (e) Current capacity of facilities in the area;
 2915         (f) Total usable and developable acreage of various sites
 2916  based upon the use and purpose of the facility;
 2917         (g) Accessibility of each site to existing utility,
 2918  transportation, law enforcement, health care, fire protection,
 2919  refuse collection, water, and sewage disposal services;
 2920         (h) Susceptibility of each site to flooding hazards or
 2921  other adverse natural environmental consequences;
 2922         (i) Site location in relation to desirable and undesirable
 2923  proximity to other public facilities, including schools;
 2924         (j) Patterns of residential growth and projected population
 2925  growth; and
 2926         (k) Such other criteria as the department, in conjunction
 2927  with local governments, deems appropriate.
 2928         (3) The department shall recommend certification of the
 2929  study by the Governor and Cabinet within 2 months after its
 2930  receipt.
 2931         (4) Upon certification of the study by the Governor and
 2932  Cabinet, the department shall notify those counties designated
 2933  as being in need of a facility.
 2934         (1)(5) When the department or a contracted provider
 2935  proposes a site for a juvenile justice facility, the department
 2936  or provider shall request that the local government having
 2937  jurisdiction over such proposed site determine whether or not
 2938  the proposed site is appropriate for public use under local
 2939  government comprehensive plans, local land use ordinances, local
 2940  zoning ordinances or regulations, and other local ordinances in
 2941  effect at the time of such request. If no such determination is
 2942  made within 90 days after the request, it is shall be presumed
 2943  that the proposed site is in compliance with such plans,
 2944  ordinances, or regulations.
 2945         (2)(6) If the local government determines within 90 days
 2946  after the request that construction of a facility on the
 2947  proposed site does not comply with any such plan, ordinance, or
 2948  regulation, the department may request a modification of such
 2949  plan, ordinance, or regulation without having an ownership
 2950  interest in such property. For the purposes of this section,
 2951  modification includes, but is not limited to, a variance,
 2952  rezoning, special exception, or any other action of the local
 2953  government having jurisdiction over the proposed site which
 2954  would authorize siting of a facility.
 2955         (3)(7) Upon receipt of a request for modification from the
 2956  department, the local government may recommend and hold a public
 2957  hearing on the request for modification in the same manner as
 2958  for a rezoning as provided under the appropriate special or
 2959  local law or ordinance, except that such proceeding shall be
 2960  recorded by tape or by a certified court reporter and made
 2961  available for transcription at the expense of any interested
 2962  party.
 2963         (4)(8)If When the department requests such a modification
 2964  and it is denied by the local government, the local government
 2965  or the department shall initiate the dispute resolution process
 2966  established under s. 186.509 to reconcile differences on the
 2967  siting of correctional facilities between the department, local
 2968  governments, and private citizens. If the regional planning
 2969  council has not established a dispute resolution process
 2970  pursuant to s. 186.509, the department shall establish, by rule,
 2971  procedures for dispute resolution. The dispute resolution
 2972  process must shall require the parties to commence meetings to
 2973  reconcile their differences. If the parties fail to resolve
 2974  their differences within 30 days after the denial, they the
 2975  parties shall engage in voluntary mediation or a similar
 2976  process. If the parties fail to resolve their differences by
 2977  mediation within 60 days after the denial, or if no action is
 2978  taken on the department’s request within 90 days after the
 2979  request, the department must appeal the decision of the local
 2980  government on the requested modification of local plans,
 2981  ordinances, or regulations to the Governor and Cabinet. A Any
 2982  dispute resolution process initiated under this section must
 2983  conform to the time limitations set forth in this subsection
 2984  herein. However, upon agreement of all parties, the time limits
 2985  may be extended, but in no event may the dispute resolution
 2986  process may not extend beyond over 180 days.
 2987         (5)(9) The Governor and Cabinet shall consider the
 2988  following when determining whether to grant the appeal from the
 2989  decision of the local government on the requested modification:
 2990         (a) The record of the proceedings before the local
 2991  government.
 2992         (b) Reports and studies by any other agency relating to
 2993  matters within the jurisdiction of such agency which may be
 2994  potentially affected by the proposed site.
 2995         (c) The statewide study, as established in subsection (1);
 2996  other Existing studies; reports and information maintained by
 2997  the department as the Governor and Cabinet may request
 2998  addressing the feasibility and availability of alternative sites
 2999  in the general area; and the need for a facility in the area
 3000  based on the average number of petitions, commitments, and
 3001  transfers into the criminal court from the county to state
 3002  facilities for the 3 most recent 3 calendar years.
 3003         (6)(10) The Governor and Cabinet, upon determining that the
 3004  local government has not recommended a no feasible alternative
 3005  site and that the interests of the state in providing facilities
 3006  outweigh the concerns of the local government, shall authorize
 3007  construction and operation of a facility on the proposed site
 3008  notwithstanding any local plan, ordinance, or regulation.
 3009         (7)(11) The Governor and Cabinet may adopt rules of
 3010  procedure to govern these proceedings in accordance with the
 3011  provisions of s. 120.54.
 3012         (8)(12) Actions taken by the department or the Governor and
 3013  Cabinet pursuant to this section are not shall not be subject to
 3014  the provisions of ss. 120.56, 120.569, and 120.57. The decision
 3015  by the Governor and Cabinet is shall be subject to judicial
 3016  review pursuant to s. 120.68 in the District Court of Appeal,
 3017  First District.
 3018         (9)(13) All other departments and agencies of the state
 3019  shall cooperate fully with the department to accomplish the
 3020  siting of facilities for juvenile offenders.
 3021         (10)(14) It is the intent of the Legislature to expedite
 3022  the siting of, acquisition of land for, and construction by the
 3023  Department of Juvenile Justice of state juvenile justice
 3024  facilities operated by the department or a private vendor under
 3025  contract with the department. Other agencies shall cooperate
 3026  with the department and expeditiously fulfill their
 3027  responsibilities to avoid unnecessary delay in the siting of,
 3028  acquisition of land for, and construction of state juvenile
 3029  justice facilities. This section and all other laws of the state
 3030  shall be construed to accomplish this intent. This section takes
 3031  shall take precedence over any other law to the contrary.
 3032         (11)(15)(a) The department shall acquire land and erect
 3033  juvenile justice facilities necessary to accommodate children
 3034  committed to the custody, care, or supervision of the
 3035  department, and shall make additional alterations to facilities
 3036  to accommodate any increase in the number of children. The
 3037  department shall establish adequate accommodations for staff of
 3038  the department who are required to reside continuously within
 3039  the facilities.
 3040         (b) Notwithstanding s. 255.25(1) and contingent upon
 3041  available funds, the department may enter into lease-purchase
 3042  agreements to provide juvenile justice facilities for housing
 3043  committed youths, contingent upon available funds. The
 3044  facilities provided through such agreements must meet the
 3045  program plan and specifications of the department. The
 3046  department may enter into such lease agreements with private
 3047  corporations and other governmental entities. However, with the
 3048  exception of contracts entered into with other governmental
 3049  entities, and notwithstanding s. 255.25(3)(a), a lease agreement
 3050  may not be entered into except upon advertisement for the
 3051  receipt of competitive bids and award to the lowest and best
 3052  bidder except if contracting with other governmental entities.
 3053         (c) A lease-purchase agreement that is for a term extending
 3054  beyond the end of a fiscal year is subject to the provisions of
 3055  s. 216.311.
 3056         (12)(16)(a) Notwithstanding s. 253.025 or s. 287.057, if
 3057  when the department finds it necessary for timely site
 3058  acquisition, it may contract, without using the competitive
 3059  selection procedure, with an appraiser whose name is on the list
 3060  of approved appraisers maintained by the Division of State Lands
 3061  of the Department of Environmental Protection under s.
 3062  253.025(6)(b). If When the department directly contracts for
 3063  appraisal services, it must contract with an approved appraiser
 3064  who is not employed by the same appraisal firm for review
 3065  services.
 3066         (b) Notwithstanding s. 253.025(6), the department may
 3067  negotiate and enter into an option contract before an appraisal
 3068  is obtained. The option contract must state that the final
 3069  purchase price may not exceed the maximum value allowed by law.
 3070  The consideration for such an option contract may not exceed 10
 3071  percent of the estimate obtained by the department or 10 percent
 3072  of the value of the parcel, whichever amount is greater.
 3073         (c) This subsection applies only to a purchase or
 3074  acquisition of land for juvenile justice facilities. This
 3075  subsection does not modify the authority of the Board of
 3076  Trustees of the Internal Improvement Trust Fund or the Division
 3077  of State Lands of the Department of Environmental Protection to
 3078  approve any contract for purchase of state lands as provided by
 3079  law or to require policies and procedures to obtain clear legal
 3080  title to parcels purchased for state purposes.
 3081         (13)(17) The department may sell, to the best possible
 3082  advantage, any detached parcels of land belonging to the bodies
 3083  of land purchased for the state juvenile justice facilities. The
 3084  department may purchase any parcel of land contiguous with the
 3085  lands purchased for state juvenile justice facilities.
 3086         (14)(18) The department may begin preliminary site
 3087  preparation and obtain the appropriate permits for the
 3088  construction of a juvenile justice facility after approval of
 3089  the lease-purchase agreement or option contract by the Board of
 3090  Trustees of the Internal Improvement Trust Fund of the lease
 3091  purchase agreement or option contract if, in the department
 3092  determines that department’s discretion, commencing construction
 3093  is in the best interests of the state.
 3094         (15)(19)If Insofar as the provisions of this section is
 3095  are inconsistent with the provisions of any other general,
 3096  special, or local law, general, special, or local, the
 3097  provisions of this section is are controlling. Additionally, the
 3098  criteria and procedures established under set forth in this
 3099  section supersede and are in lieu of any review and approval
 3100  required by s. 380.06.
 3101         Section 38. Section 985.69, Florida Statutes, is amended to
 3102  read:
 3103         985.69 Repair and maintenance One-time startup funding for
 3104  juvenile justice purposes.—Funds from juvenile justice
 3105  appropriations may be used utilized as one-time startup funding
 3106  for juvenile justice purposes that include, but are not limited
 3107  to, remodeling or renovation of existing facilities,
 3108  construction costs, leasing costs, purchase of equipment and
 3109  furniture, site development, and other necessary and reasonable
 3110  costs associated with the repair and maintenance startup of
 3111  facilities or programs.
 3112         Section 39. Section 985.694, Florida Statutes, is repealed.
 3113         Section 40. Paragraph (a) of subsection (1) of section
 3114  985.701, Florida Statutes, is reordered and amended to read:
 3115         985.701 Sexual misconduct prohibited; reporting required;
 3116  penalties.—
 3117         (1)(a)1. As used in this section subsection, the term:
 3118         c.a. “Sexual misconduct” means fondling the genital area,
 3119  groin, inner thighs, buttocks, or breasts of a person; the oral,
 3120  anal, or vaginal penetration by or union with the sexual organ
 3121  of another; or the anal or vaginal penetration of another by any
 3122  other object. The term does not include an act done for a bona
 3123  fide medical purpose or an internal search conducted in the
 3124  lawful performance of duty by an employee of the department or
 3125  an employee of a provider under contract with the department.
 3126         a.b. “Employee” means a includes paid staff member members,
 3127  a volunteer volunteers, or an intern and interns who works work
 3128  in a department program or a program operated by a provider
 3129  under a contract.
 3130         b. “Juvenile offender” means a person of any age who is
 3131  detained or supervised by, or committed to the custody of, the
 3132  department.
 3133         2. An employee who engages in sexual misconduct with a
 3134  juvenile offender detained or supervised by, or committed to the
 3135  custody of, the department commits a felony of the second
 3136  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3137  775.084. An employee may be found guilty of violating this
 3138  subsection without having committed the crime of sexual battery.
 3139         3. The consent of the juvenile offender to any act of
 3140  sexual misconduct is not a defense to prosecution under this
 3141  subsection.
 3142         4. This subsection does not apply to an employee of the
 3143  department, or an employee of a provider under contract with the
 3144  department, who:
 3145         a. Is legally married to a juvenile offender who is
 3146  detained or supervised by, or committed to the custody of, the
 3147  department.
 3148         b. Has no reason to believe that the person with whom the
 3149  employee engaged in sexual misconduct is a juvenile offender
 3150  detained or supervised by, or committed to the custody of, the
 3151  department.
 3152         Section 41. Section 985.702, Florida Statutes, is created
 3153  to read:
 3154         985.702 Willful and malicious neglect of a juvenile
 3155  offender prohibited; reporting required; penalties.—
 3156         (1) As used in this section, the term:
 3157         (a) “Employee” means a paid staff member, volunteer, or
 3158  intern who works in a department program or a program operated
 3159  by a provider under a contract with the department.
 3160         (b) “Juvenile offender” means a person of any age who is
 3161  detained by, or committed to the custody of, the department.
 3162         (c) “Neglect” means:
 3163         1. An employee’s failure or omission to provide a juvenile
 3164  offender with the proper level of care, supervision, and
 3165  services necessary to maintain the juvenile offender’s physical
 3166  and mental health, including, but not limited to, adequate food,
 3167  nutrition, clothing, shelter, supervision, medicine, and medical
 3168  services; or
 3169         2. An employee’s failure to make a reasonable effort to
 3170  protect a juvenile offender from abuse, neglect, or exploitation
 3171  by another person.
 3172         (2)(a) An employee who willfully and maliciously neglects a
 3173  juvenile offender without causing great bodily harm, permanent
 3174  disability, or permanent disfigurement to a juvenile offender,
 3175  commits a felony of the third degree, punishable as provided in
 3176  s. 775.082, s. 775.083, or s. 775.084.
 3177         (b) An employee who willfully and maliciously neglects a
 3178  juvenile offender and in so doing causes great bodily harm,
 3179  permanent disability, or permanent disfigurement to a juvenile
 3180  offender, commits a felony of the second degree, punishable as
 3181  provided in s. 775.082, s. 775.083, or s. 775.084.
 3182         (c) Notwithstanding prosecution, any violation of paragraph
 3183  (a) or paragraph (b), as determined by the Public Employees
 3184  Relations Commission, constitutes sufficient cause under s.
 3185  110.227 for dismissal from employment with the department, and a
 3186  person who commits such violation may not again be employed in
 3187  any capacity in connection with the juvenile justice system.
 3188         (3) An employee who witnesses the neglect of a juvenile
 3189  offender shall immediately report the incident to the
 3190  department’s incident hotline and prepare, date, and sign an
 3191  independent report that specifically describes the nature of the
 3192  incident, the location and time of the incident, and the persons
 3193  involved. The employee shall deliver the report to the
 3194  employee’s supervisor or program director, who must provide
 3195  copies to the department’s inspector general and the circuit
 3196  juvenile justice manager. The inspector general shall
 3197  immediately conduct an appropriate administrative investigation,
 3198  and, if there is probable cause to believe that a violation of
 3199  subsection (2) has occurred, the inspector general shall notify
 3200  the state attorney in the circuit in which the incident
 3201  occurred.
 3202         (4)(a) A person who is required to prepare a report under
 3203  this section and who knowingly or willfully fails to do so, or
 3204  who knowingly or willfully prevents another person from doing
 3205  so, commits a misdemeanor of the first degree, punishable as
 3206  provided in s. 775.082 or s. 775.083.
 3207         (b)A person who knowingly or willfully submits inaccurate,
 3208  incomplete, or untruthful information with respect to a report
 3209  required under this section commits a misdemeanor of the first
 3210  degree, punishable as provided in s. 775.082 or s. 775.083.
 3211         (c)A person who knowingly or willfully coerces or
 3212  threatens any other person with the intent to alter testimony or
 3213  a written report regarding the neglect of a juvenile offender
 3214  commits a felony of the third degree, punishable as provided in
 3215  s. 775.082, s. 775.083, or s. 775.084.
 3216         Section 42. Paragraphs (c) and (f) of subsection (3) of
 3217  section 943.0582, Florida Statutes, are amended to read:
 3218         943.0582 Prearrest, postarrest, or teen court diversion
 3219  program expunction.—
 3220         (3) The department shall expunge the nonjudicial arrest
 3221  record of a minor who has successfully completed a prearrest or
 3222  postarrest diversion program if that minor:
 3223         (c) Submits to the department, with the application, an
 3224  official written statement from the state attorney for the
 3225  county in which the arrest occurred certifying that he or she
 3226  has successfully completed that county’s prearrest or postarrest
 3227  diversion program, that his or her participation in the program
 3228  was based on an arrest for a nonviolent misdemeanor, and that he
 3229  or she has not otherwise been charged by the state attorney with
 3230  or found to have committed any criminal offense or comparable
 3231  ordinance violation.
 3232         (f) Has never, prior to filing the application for
 3233  expunction, been charged by the state attorney with or been
 3234  found to have committed any criminal offense or comparable
 3235  ordinance violation.
 3236         Section 43. Section 945.75, Florida Statutes, is repealed.
 3237         Section 44. Paragraphs (e) through (i) of subsection (2),
 3238  paragraphs (g) and (k) of subsection (3), paragraph (b) of
 3239  subsection (5), paragraph (d) of subsection (8), and paragraph
 3240  (c) of subsection (10) of section 121.0515, Florida Statutes,
 3241  are amended to read:
 3242         121.0515 Special Risk Class.—
 3243         (2) MEMBERSHIP.—
 3244         (e) Effective July 1, 2001, “special risk member” includes
 3245  any member who is employed as a youth custody officer by the
 3246  Department of Juvenile Justice and meets the special criteria
 3247  set forth in paragraph (3)(g).
 3248         (e)(f) Effective October 1, 2005, through June 30, 2008,
 3249  the member must be employed by a law enforcement agency or
 3250  medical examiner’s office in a forensic discipline and meet the
 3251  special criteria set forth in paragraph (3)(g) (3)(h).
 3252         (f)(g) Effective July 1, 2008, the member must be employed
 3253  by the Department of Law Enforcement in the crime laboratory or
 3254  by the Division of State Fire Marshal in the forensic laboratory
 3255  and meet the special criteria set forth in paragraph (3)(h)
 3256  (3)(i).
 3257         (g)(h) Effective July 1, 2008, the member must be employed
 3258  by a local government law enforcement agency or medical
 3259  examiner’s office and meet the special criteria set forth in
 3260  paragraph (3)(i) (3)(j).
 3261         (h)(i) Effective August 1, 2008, “special risk member”
 3262  includes any member who meets the special criteria for continued
 3263  membership set forth in paragraph (3)(j) (3)(k).
 3264         (3) CRITERIA.—A member, to be designated as a special risk
 3265  member, must meet the following criteria:
 3266         (g) Effective July 1, 2001, the member must be employed as
 3267  a youth custody officer and be certified, or required to be
 3268  certified, in compliance with s. 943.1395. In addition, the
 3269  member’s primary duties and responsibilities must be the
 3270  supervised custody, surveillance, control, investigation,
 3271  apprehension, arrest, and counseling of assigned juveniles
 3272  within the community;
 3273         (j)(k) The member must have already qualified for and be
 3274  actively participating in special risk membership under
 3275  paragraph (a), paragraph (b), or paragraph (c), must have
 3276  suffered a qualifying injury as defined in this paragraph, must
 3277  not be receiving disability retirement benefits as provided in
 3278  s. 121.091(4), and must satisfy the requirements of this
 3279  paragraph.
 3280         1. The ability to qualify for the class of membership
 3281  defined in paragraph (2)(h) (2)(i) occurs when two licensed
 3282  medical physicians, one of whom is a primary treating physician
 3283  of the member, certify the existence of the physical injury and
 3284  medical condition that constitute a qualifying injury as defined
 3285  in this paragraph and that the member has reached maximum
 3286  medical improvement after August 1, 2008. The certifications
 3287  from the licensed medical physicians must include, at a minimum,
 3288  that the injury to the special risk member has resulted in a
 3289  physical loss, or loss of use, of at least two of the following:
 3290  left arm, right arm, left leg, or right leg; and:
 3291         a. That this physical loss or loss of use is total and
 3292  permanent, except if the loss of use is due to a physical injury
 3293  to the member’s brain, in which event the loss of use is
 3294  permanent with at least 75 percent loss of motor function with
 3295  respect to each arm or leg affected.
 3296         b. That this physical loss or loss of use renders the
 3297  member physically unable to perform the essential job functions
 3298  of his or her special risk position.
 3299         c. That, notwithstanding this physical loss or loss of use,
 3300  the individual can perform the essential job functions required
 3301  by the member’s new position, as provided in subparagraph 3.
 3302         d. That use of artificial limbs is not possible or does not
 3303  alter the member’s ability to perform the essential job
 3304  functions of the member’s position.
 3305         e. That the physical loss or loss of use is a direct result
 3306  of a physical injury and not a result of any mental,
 3307  psychological, or emotional injury.
 3308         2. For the purposes of this paragraph, “qualifying injury”
 3309  means an injury sustained in the line of duty, as certified by
 3310  the member’s employing agency, by a special risk member that
 3311  does not result in total and permanent disability as defined in
 3312  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 3313  is a physical injury to the member’s physical body resulting in
 3314  a physical loss, or loss of use, of at least two of the
 3315  following: left arm, right arm, left leg, or right leg.
 3316  Notwithstanding any other provision of this section, an injury
 3317  that would otherwise qualify as a qualifying injury is not
 3318  considered a qualifying injury if and when the member ceases
 3319  employment with the employer for whom he or she was providing
 3320  special risk services on the date the injury occurred.
 3321         3. The new position, as described in sub-subparagraph 1.c.,
 3322  that is required for qualification as a special risk member
 3323  under this paragraph is not required to be a position with
 3324  essential job functions that entitle an individual to special
 3325  risk membership. Whether a new position as described in sub
 3326  subparagraph 1.c. exists and is available to the special risk
 3327  member is a decision to be made solely by the employer in
 3328  accordance with its hiring practices and applicable law.
 3329         4. This paragraph does not grant or create additional
 3330  rights for any individual to continued employment or to be hired
 3331  or rehired by his or her employer that are not already provided
 3332  within the Florida Statutes, the State Constitution, the
 3333  Americans with Disabilities Act, if applicable, or any other
 3334  applicable state or federal law.
 3335         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
 3336         (b) Any member who is a special risk member on July 1,
 3337  2008, and who became eligible to participate under paragraph
 3338  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
 3339  Class membership established by paragraph (3)(h) (3)(i) or
 3340  paragraph (3)(i) (3)(j) shall have his or her special risk
 3341  designation removed and thereafter shall be a Regular Class
 3342  member and earn only Regular Class membership credit. The
 3343  department may review the special risk designation of members to
 3344  determine whether or not those members continue to meet the
 3345  criteria for Special Risk Class membership.
 3346         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
 3347         (d) Notwithstanding any other provision of this subsection,
 3348  this subsection does not apply to any special risk member who
 3349  qualifies for continued membership pursuant to paragraph (3)(j)
 3350  (3)(k).
 3351         (10) CREDIT FOR UPGRADED SERVICE.—
 3352         (c) Any member of the Special Risk Class who has earned
 3353  creditable service through June 30, 2008, in another membership
 3354  class of the Florida Retirement System in a position with the
 3355  Department of Law Enforcement or the Division of State Fire
 3356  Marshal and became covered by the Special Risk Class as
 3357  described in paragraph (3)(h) (3)(i), or with a local government
 3358  law enforcement agency or medical examiner’s office and became
 3359  covered by the Special Risk Class as described in paragraph
 3360  (3)(i) (3)(j), which service is within the purview of the
 3361  Special Risk Class, and is employed in such position on or after
 3362  July 1, 2008, may purchase additional retirement credit to
 3363  upgrade such service to Special Risk Class service, to the
 3364  extent of the percentages of the member’s average final
 3365  compensation provided in s. 121.091(1)(a)2. The cost for such
 3366  credit must be an amount representing the actuarial accrued
 3367  liability for the difference in accrual value during the
 3368  affected period of service. The cost shall be calculated using
 3369  the discount rate and other relevant actuarial assumptions that
 3370  were used to value the Florida Retirement System Pension Plan
 3371  liabilities in the most recent actuarial valuation. The division
 3372  shall ensure that the transfer sum is prepared using a formula
 3373  and methodology certified by an enrolled actuary. The cost must
 3374  be paid immediately upon notification by the division. The local
 3375  government employer may purchase the upgraded service credit on
 3376  behalf of the member if the member has been employed by that
 3377  employer for at least 3 years.
 3378         Section 45. Subsection (5) of section 985.045, Florida
 3379  Statutes, is amended to read:
 3380         985.045 Court records.—
 3381         (5) This chapter does not prohibit a circuit court from
 3382  providing a restitution order containing the information
 3383  prescribed in s. 985.0301(5)(e) s. 985.0301(5)(h) to a
 3384  collection court or a private collection agency for the sole
 3385  purpose of collecting unpaid restitution ordered in a case in
 3386  which the circuit court has retained jurisdiction over the child
 3387  and the child’s parent or legal guardian. The collection court
 3388  or private collection agency shall maintain the confidential
 3389  status of the information to the extent such confidentiality is
 3390  provided by law.
 3391         Section 46. Section 985.721, Florida Statutes, is amended
 3392  to read:
 3393         985.721 Escapes from secure detention or residential
 3394  commitment facility.—An escape from:
 3395         (1) Any secure detention facility maintained for the
 3396  temporary detention of children, pending adjudication,
 3397  disposition, or placement;
 3398         (2) Any residential commitment facility described in s.
 3399  985.03(41) s. 985.03(46), maintained for the custody, treatment,
 3400  punishment, or rehabilitation of children found to have
 3401  committed delinquent acts or violations of law; or
 3402         (3) Lawful transportation to or from any such secure
 3403  detention facility or residential commitment facility,
 3404  
 3405  constitutes escape within the intent and meaning of s. 944.40
 3406  and is a felony of the third degree, punishable as provided in
 3407  s. 775.082, s. 775.083, or s. 775.084.
 3408         Section 47. This act shall take effect July 1, 2014.