Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1670
       
       
       
       
       
       
                                Ì347468SÎ347468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 382.0255, Florida
    6  Statutes, is amended to read:
    7         382.0255 Fees.—
    8         (3) Fees shall be established by rule. However, until rules
    9  are adopted, the fees assessed pursuant to this section shall be
   10  the minimum fees cited. The fees established by rule must be
   11  sufficient to meet the cost of providing the service. All fees
   12  shall be paid by the person requesting the record, are due and
   13  payable at the time services are requested, and are
   14  nonrefundable, except that, when a search is conducted and no
   15  vital record is found, any fees paid for additional certified
   16  copies shall be refunded. The department may waive all or part
   17  of the fees required under this section for any government
   18  entity. The department shall waive all fees required under this
   19  section for a certified copy of a birth certificate issued for
   20  purposes of an inmate acquiring a state identification card
   21  before release pursuant to s. 944.605(7) and for a juvenile
   22  offender who is in the custody or under the supervision of the
   23  Department of Juvenile Justice and receiving services under s.
   24  985.461.
   25         Section 2. Subsection (1) of section 985.25, Florida
   26  Statutes, is amended to read:
   27         985.25 Detention intake.—
   28         (1) The department shall receive custody of a child who has
   29  been taken into custody from the law enforcement agency or court
   30  and shall review the facts in the law enforcement report or
   31  probable cause affidavit and make such further inquiry as may be
   32  necessary to determine whether detention care is appropriate.
   33         (a) During the period of time from the taking of the child
   34  into custody to the date of the detention hearing, the initial
   35  decision as to the child’s placement into secure or nonsecure
   36  detention care shall be made by the department under ss. 985.24
   37  and 985.245(1).
   38         (b) The department shall base the decision whether to place
   39  the child into secure or nonsecure detention care on an
   40  assessment of risk in accordance with the risk assessment
   41  instrument and procedures developed by the department under s.
   42  985.245, except that. However, a child shall be placed in secure
   43  detention care until the child’s detention hearing if the child
   44  meets the criteria specified in s. 985.255(1)(j), is charged
   45  with possessing or discharging a firearm on school property in
   46  violation of s. 790.115, or shall be placed in secure detention
   47  care. A child who has been taken into custody on three or more
   48  separate occasions within a 60-day period shall be placed in
   49  secure detention care until the child’s detention hearing.
   50         (c) If the final score on the child’s risk assessment
   51  instrument indicates detention care is appropriate, but the
   52  department otherwise determines the child should be released,
   53  the department shall contact the state attorney, who may
   54  authorize release.
   55         (d) If the final score on the risk assessment instrument
   56  indicates detention is not appropriate, the child may be
   57  released by the department in accordance with ss. 985.115 and
   58  985.13.
   59  
   60  Under no circumstances shall the department or the state
   61  attorney or law enforcement officer authorize the detention of
   62  any child in a jail or other facility intended or used for the
   63  detention of adults, without an order of the court.
   64         Section 3. Subsections (1) and (3) of section 985.255,
   65  Florida Statutes, are amended to read:
   66         985.255 Detention criteria; detention hearing.—
   67         (1) Subject to s. 985.25(1), a child taken into custody and
   68  placed into secure or nonsecure detention care shall be given a
   69  hearing within 24 hours after being taken into custody. At the
   70  hearing, the court may order continued detention if:
   71         (a) The child is alleged to be an escapee from a
   72  residential commitment program; or an absconder from a
   73  nonresidential commitment program, a probation program, or
   74  conditional release supervision; or is alleged to have escaped
   75  while being lawfully transported to or from a residential
   76  commitment program.
   77         (b) The child is wanted in another jurisdiction for an
   78  offense which, if committed by an adult, would be a felony.
   79         (c) The child is charged with a delinquent act or violation
   80  of law and requests in writing through legal counsel to be
   81  detained for protection from an imminent physical threat to his
   82  or her personal safety.
   83         (d) The child is charged with committing an offense of
   84  domestic violence as defined in s. 741.28 and is detained as
   85  provided in subsection (2).
   86         (e) The child is charged with possession of or discharging
   87  a firearm on school property in violation of s. 790.115 or the
   88  illegal possession of a firearm.
   89         (f) The child is charged with a capital felony, a life
   90  felony, a felony of the first degree, a felony of the second
   91  degree that does not involve a violation of chapter 893, or a
   92  felony of the third degree that is also a crime of violence,
   93  including any such offense involving the use or possession of a
   94  firearm.
   95         (g) The child is charged with any second degree or third
   96  degree felony involving a violation of chapter 893 or any third
   97  degree felony that is not also a crime of violence, and the
   98  child:
   99         1. Has a record of failure to appear at court hearings
  100  after being properly notified in accordance with the Rules of
  101  Juvenile Procedure;
  102         2. Has a record of law violations prior to court hearings;
  103         3. Has already been detained or has been released and is
  104  awaiting final disposition of the case;
  105         4. Has a record of violent conduct resulting in physical
  106  injury to others; or
  107         5. Is found to have been in possession of a firearm.
  108         (h) The child is alleged to have violated the conditions of
  109  the child’s probation or conditional release supervision.
  110  However, a child detained under this paragraph may be held only
  111  in a consequence unit as provided in s. 985.439. If a
  112  consequence unit is not available, the child shall be placed on
  113  nonsecure detention with electronic monitoring.
  114         (i) The child is detained on a judicial order for failure
  115  to appear and has previously willfully failed to appear, after
  116  proper notice:
  117         1. For an adjudicatory hearing on the same case regardless
  118  of the results of the risk assessment instrument; or
  119         2. At two or more court hearings of any nature on the same
  120  case regardless of the results of the risk assessment
  121  instrument.
  122  
  123  A child may be held in secure detention for up to 72 hours in
  124  advance of the next scheduled court hearing pursuant to this
  125  paragraph. The child’s failure to keep the clerk of court and
  126  defense counsel informed of a current and valid mailing address
  127  where the child will receive notice to appear at court
  128  proceedings does not provide an adequate ground for excusal of
  129  the child’s nonappearance at the hearings.
  130         (j)The child is a prolific juvenile offender. A child is a
  131  prolific juvenile offender if the child:
  132         1.Is charged with a delinquent act that would be a felony
  133  if committed by an adult;
  134         2.Has been adjudicated or had adjudication withheld for a
  135  felony offense, or a delinquent act that would be a felony if
  136  committed by an adult, before the charge under subparagraph 1.;
  137  and
  138         3.In addition to meeting the requirements of subparagraphs
  139  1. and 2., has five or more of any of the following, at least
  140  three of which must have been for felony offenses or delinquent
  141  acts that would have been felonies if committed by an adult:
  142         a.An arrest event for which a disposition, as defined in
  143  s. 985.26, has not been entered;
  144         b.An adjudication; or
  145         c.An adjudication withheld.
  146  
  147  As used in this subparagraph, the term “arrest event” means an
  148  arrest or referral for one or more criminal offenses or
  149  delinquent acts arising out of the same episode, act, or
  150  transaction.
  151         (3)(a) The purpose of the detention hearing required under
  152  subsection (1) is to determine the existence of probable cause
  153  that the child has committed the delinquent act or violation of
  154  law that he or she is charged with and the need for continued
  155  detention. Unless a child is detained under paragraph (1)(d) or
  156  paragraph (1)(e), the court shall use the results of the risk
  157  assessment performed by the department and, based on the
  158  criteria in subsection (1), shall determine the need for
  159  continued detention. If a child is a prolific juvenile offender
  160  who is detained under s. 985.26(2)(c), the court shall use the
  161  results of the risk assessment performed by the department and
  162  the criteria in subsection (1) or subsection (2) only to
  163  determine whether the prolific juvenile offender should be held
  164  in secure detention.
  165         (b) If the court orders a placement more restrictive than
  166  indicated by the results of the risk assessment instrument, the
  167  court shall state, in writing, clear and convincing reasons for
  168  such placement.
  169         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  170  when a child is placed into secure or nonsecure detention care,
  171  or into a respite home or other placement pursuant to a court
  172  order following a hearing, the court order must include specific
  173  instructions that direct the release of the child from such
  174  placement no later than 5 p.m. on the last day of the detention
  175  period specified in s. 985.26 or s. 985.27, whichever is
  176  applicable, unless the requirements of such applicable provision
  177  have been met or an order of continuance has been granted under
  178  s. 985.26(4). If the court order does not include a release
  179  date, the release date shall be requested from the court on the
  180  same date that the child is placed in detention care. If a
  181  subsequent hearing is needed to provide additional information
  182  to the court for safety planning, the initial order placing the
  183  child in detention care shall reflect the next detention review
  184  hearing, which shall be held within 3 calendar days after the
  185  child’s initial detention placement.
  186         Section 4. Subsections (1) through (4) of section 985.26,
  187  Florida Statutes, are amended to read:
  188         985.26 Length of detention.—
  189         (1) A child may not be placed into or held in secure or
  190  nonsecure detention care for longer than 24 hours unless the
  191  court orders such detention care, and the order includes
  192  specific instructions that direct the release of the child from
  193  such detention care, in accordance with s. 985.255. The order
  194  shall be a final order, reviewable by appeal under s. 985.534
  195  and the Florida Rules of Appellate Procedure. Appeals of such
  196  orders shall take precedence over other appeals and other
  197  pending matters.
  198         (2)(a)Except as provided in paragraph (b) or paragraph
  199  (c), a child may not be held in secure or nonsecure detention
  200  care under a special detention order for more than 21 days
  201  unless an adjudicatory hearing for the case has been commenced
  202  in good faith by the court.
  203         (b)However, Upon good cause being shown that the nature of
  204  the charge requires additional time for the prosecution or
  205  defense of the case, the court may extend the length of
  206  detention for an additional 9 days if the child is charged with
  207  an offense that would be, if committed by an adult, a capital
  208  felony, a life felony, a felony of the first degree, or a felony
  209  of the second degree involving violence against any individual.
  210         (c)A prolific juvenile offender under s. 985.255(1)(j)
  211  shall be placed on nonsecure detention care with electronic
  212  monitoring or in secure detention care under a special detention
  213  order until disposition. If secure detention care is ordered by
  214  the court, it must be authorized under this part and may not
  215  exceed:
  216         1.Twenty-one days unless an adjudicatory hearing for the
  217  case has been commenced in good faith by the court or the period
  218  is extended by the court pursuant to paragraph (b); or
  219         2.Fifteen days after the entry of an order of
  220  adjudication.
  221  
  222  As used in this paragraph, the term “disposition” means a
  223  declination to file under s. 985.15(1)(h), the entry of nolle
  224  prosequi for the charges, the filing of an indictment under s.
  225  985.56 or an information under s. 985.557, a dismissal of the
  226  case, or an order of final disposition by the court.
  227         (3) Except as provided in subsection (2), a child may not
  228  be held in secure or nonsecure detention care for more than 15
  229  days following the entry of an order of adjudication.
  230         (4)(a) The time limits in subsections (2) and (3) do not
  231  include periods of delay resulting from a continuance granted by
  232  the court for cause on motion of the child or his or her counsel
  233  or of the state. Upon the issuance of an order granting a
  234  continuance for cause on a motion by either the child, the
  235  child’s counsel, or the state, the court shall conduct a hearing
  236  at the end of each 72-hour period, excluding Saturdays, Sundays,
  237  and legal holidays, to determine the need for continued
  238  detention of the child and the need for further continuance of
  239  proceedings for the child or the state.
  240         (b)The period for nonsecure detention care under this
  241  section is tolled on the date that the department or a law
  242  enforcement officer alleges that the child has violated a
  243  condition of the child’s nonsecure detention care until the
  244  court enters a ruling on the violation. Notwithstanding the
  245  tolling of nonsecure detention care, the court retains
  246  jurisdiction over the child for a violation of a condition of
  247  nonsecure detention care during the tolling period. If the court
  248  finds that a child has violated his or her nonsecure detention
  249  care, the number of days that the child served in any type of
  250  detention care before commission of the violation shall be
  251  excluded from the time limits under subsections (2) and (3).
  252         Section 5. Subsection (2) of section 985.265, Florida
  253  Statutes, is amended to read:
  254         985.265 Detention transfer and release; education; adult
  255  jails.—
  256         (2) If a child is on release status and not detained under
  257  this part, the child may be placed into secure or nonsecure
  258  detention care only pursuant to a court hearing in which the
  259  original risk assessment instrument and the newly discovered
  260  evidence or changed circumstances are introduced into evidence
  261  with a rescored risk assessment instrument.
  262         Section 6. Section 985.27, Florida Statutes, is amended to
  263  read:
  264         985.27 Postdisposition detention while awaiting residential
  265  commitment placement.—
  266         (1) The court must place all children who are adjudicated
  267  and awaiting placement in a nonsecure, high-risk, or maximum
  268  risk residential commitment program in secure detention care
  269  until the placement or commitment is accomplished. Children who
  270  are in nonsecure detention care may be placed on electronic
  271  monitoring.
  272         (a)A child who is awaiting placement in a nonsecure
  273  residential program must be removed from detention within 5
  274  days, excluding Saturdays, Sundays, and legal holidays. Any
  275  child held in secure detention during the 5 days must meet
  276  detention admission criteria under this part. The department may
  277  seek an order from the court authorizing continued detention for
  278  a specific period of time necessary for the appropriate
  279  residential placement of the child. However, such continued
  280  detention in secure detention care may not exceed 15 days after
  281  entry of the commitment order, excluding Saturdays, Sundays, and
  282  legal holidays, and except as otherwise provided in this
  283  section. A child who is placed in nonsecure detention care or
  284  nonsecure detention care with electronic monitoring, while
  285  awaiting placement in a nonsecure residential program, may be
  286  held in secure detention care for 5 days, if the child violates
  287  the conditions of the nonsecure detention care or the electronic
  288  monitoring agreement. For any subsequent violation, the court
  289  may impose an additional 5 days in secure detention care.
  290         (b)If the child is committed to a high-risk residential
  291  program, the child must be held in secure detention care until
  292  placement or commitment is accomplished.
  293         (c)If the child is committed to a maximum-risk residential
  294  program, the child must be held in secure detention care until
  295  placement or commitment is accomplished.
  296         (2)Regardless of detention status, a child being
  297  transported by the department to a residential commitment
  298  facility of the department may be placed in secure detention
  299  overnight, not to exceed a 24-hour period, for the specific
  300  purpose of ensuring the safe delivery of the child to his or her
  301  residential commitment program, court, appointment, transfer, or
  302  release.
  303         Section 7. Subsection (1) of section 985.35, Florida
  304  Statutes, is amended to read:
  305         985.35 Adjudicatory hearings; withheld adjudications;
  306  orders of adjudication.—
  307         (1)(a)Except as provided in paragraph (b), the
  308  adjudicatory hearing must be held as soon as practicable after
  309  the petition alleging that a child has committed a delinquent
  310  act or violation of law is filed and in accordance with the
  311  Florida Rules of Juvenile Procedure; but reasonable delay for
  312  the purpose of investigation, discovery, or procuring counsel or
  313  witnesses shall be granted. If the child is being detained, the
  314  time limitations in s. 985.26(2) and (3) apply.
  315         (b)If the child is a prolific juvenile offender under s.
  316  985.255(1)(j), the adjudicatory hearing must be held within 45
  317  days after the child is taken into custody unless a delay is
  318  requested by the child.
  319         Section 8. Subsection (1) of section 985.514, Florida
  320  Statutes, is amended to read:
  321         985.514 Responsibility for cost of care; fees.—
  322         (1) When any child is placed into secure or nonsecure
  323  detention care or into other placement for the purpose of being
  324  supervised by the department pursuant to a court order following
  325  a detention hearing, the court shall order the child’s parents
  326  to pay fees to the department as provided in s. 985.039.
  327         Section 9. For the purpose of incorporating the amendments
  328  made by this act to sections 985.25, 985.255, and 985.26,
  329  Florida Statutes, in references thereto, subsection (8) of
  330  section 790.22, Florida Statutes, is reenacted to read:
  331         790.22 Use of BB guns, air or gas-operated guns, or
  332  electric weapons or devices by minor under 16; limitation;
  333  possession of firearms by minor under 18 prohibited; penalties.—
  334         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  335  is charged with an offense that involves the use or possession
  336  of a firearm, including a violation of subsection (3), or is
  337  charged for any offense during the commission of which the minor
  338  possessed a firearm, the minor shall be detained in secure
  339  detention, unless the state attorney authorizes the release of
  340  the minor, and shall be given a hearing within 24 hours after
  341  being taken into custody. At the hearing, the court may order
  342  that the minor continue to be held in secure detention in
  343  accordance with the applicable time periods specified in s.
  344  985.26(1)-(5), if the court finds that the minor meets the
  345  criteria specified in s. 985.255, or if the court finds by clear
  346  and convincing evidence that the minor is a clear and present
  347  danger to himself or herself or the community. The Department of
  348  Juvenile Justice shall prepare a form for all minors charged
  349  under this subsection which states the period of detention and
  350  the relevant demographic information, including, but not limited
  351  to, the gender, age, and race of the minor; whether or not the
  352  minor was represented by private counsel or a public defender;
  353  the current offense; and the minor’s complete prior record,
  354  including any pending cases. The form shall be provided to the
  355  judge for determining whether the minor should be continued in
  356  secure detention under this subsection. An order placing a minor
  357  in secure detention because the minor is a clear and present
  358  danger to himself or herself or the community must be in
  359  writing, must specify the need for detention and the benefits
  360  derived by the minor or the community by placing the minor in
  361  secure detention, and must include a copy of the form provided
  362  by the department.
  363         Section 10. For the purpose of incorporating the amendments
  364  made by this act to sections 985.255 and 985.26, Florida
  365  Statutes, in references thereto, subsection (2) of section
  366  985.115, Florida Statutes, is reenacted to read:
  367         985.115 Release or delivery from custody.—
  368         (2) Unless otherwise ordered by the court under s. 985.255
  369  or s. 985.26, and unless there is a need to hold the child, a
  370  person taking a child into custody shall attempt to release the
  371  child as follows:
  372         (a) To the child’s parent, guardian, or legal custodian or,
  373  if the child’s parent, guardian, or legal custodian is
  374  unavailable, unwilling, or unable to provide supervision for the
  375  child, to any responsible adult. Prior to releasing the child to
  376  a responsible adult, other than the parent, guardian, or legal
  377  custodian, the person taking the child into custody may conduct
  378  a criminal history background check of the person to whom the
  379  child is to be released. If the person has a prior felony
  380  conviction, or a conviction for child abuse, drug trafficking,
  381  or prostitution, that person is not a responsible adult for the
  382  purposes of this section. The person to whom the child is
  383  released shall agree to inform the department or the person
  384  releasing the child of the child’s subsequent change of address
  385  and to produce the child in court at such time as the court may
  386  direct, and the child shall join in the agreement.
  387         (b) Contingent upon specific appropriation, to a shelter
  388  approved by the department or to an authorized agent.
  389         (c) If the child is believed to be suffering from a serious
  390  physical condition which requires either prompt diagnosis or
  391  prompt treatment, to a law enforcement officer who shall deliver
  392  the child to a hospital for necessary evaluation and treatment.
  393         (d) If the child is believed to be mentally ill as defined
  394  in s. 394.463(1), to a law enforcement officer who shall take
  395  the child to a designated public receiving facility as defined
  396  in s. 394.455 for examination under s. 394.463.
  397         (e) If the child appears to be intoxicated and has
  398  threatened, attempted, or inflicted physical harm on himself or
  399  herself or another, or is incapacitated by substance abuse, to a
  400  law enforcement officer who shall deliver the child to a
  401  hospital, addictions receiving facility, or treatment resource.
  402         (f) If available, to a juvenile assessment center equipped
  403  and staffed to assume custody of the child for the purpose of
  404  assessing the needs of the child in custody. The center may then
  405  release or deliver the child under this section with a copy of
  406  the assessment.
  407         Section 11. For the purpose of incorporating the amendments
  408  made by this act to sections 985.255 and 985.26, Florida
  409  Statutes, in references thereto, subsection (2) of section
  410  985.13, Florida Statutes, is reenacted to read:
  411         985.13 Probable cause affidavits.—
  412         (2) A person taking a child into custody who determines,
  413  under part V, that the child should be detained or released to a
  414  shelter designated by the department, shall make a reasonable
  415  effort to immediately notify the parent, guardian, or legal
  416  custodian of the child and shall, without unreasonable delay,
  417  deliver the child to the appropriate juvenile probation officer
  418  or, if the court has so ordered under s. 985.255 or s. 985.26,
  419  to a detention center or facility. Upon delivery of the child,
  420  the person taking the child into custody shall make a written
  421  report or probable cause affidavit to the appropriate juvenile
  422  probation officer. Such written report or probable cause
  423  affidavit must:
  424         (a) Identify the child and, if known, the parents,
  425  guardian, or legal custodian.
  426         (b) Establish that the child was legally taken into
  427  custody, with sufficient information to establish the
  428  jurisdiction of the court and to make a prima facie showing that
  429  the child has committed a violation of law.
  430         Section 12. For the purpose of incorporating the amendment
  431  made by this act to section 985.255, Florida Statutes, in a
  432  reference thereto, paragraph (b) of subsection (2) of section
  433  985.245, Florida Statutes, is reenacted to read:
  434         985.245 Risk assessment instrument.—
  435         (2)
  436         (b) The risk assessment instrument shall take into
  437  consideration, but need not be limited to, prior history of
  438  failure to appear, prior offenses, offenses committed pending
  439  adjudication, any unlawful possession of a firearm, theft of a
  440  motor vehicle or possession of a stolen motor vehicle, and
  441  probation status at the time the child is taken into custody.
  442  The risk assessment instrument shall also take into
  443  consideration appropriate aggravating and mitigating
  444  circumstances, and shall be designed to target a narrower
  445  population of children than s. 985.255. The risk assessment
  446  instrument shall also include any information concerning the
  447  child’s history of abuse and neglect. The risk assessment shall
  448  indicate whether detention care is warranted, and, if detention
  449  care is warranted, whether the child should be placed into
  450  secure or nonsecure detention care.
  451         Section 13. For the purpose of incorporating the amendment
  452  made by this act to section 985.26, Florida Statutes, in a
  453  reference thereto, subsection (2) of section 985.255, Florida
  454  Statutes, is reenacted to read:
  455         985.255 Detention criteria; detention hearing.—
  456         (2) A child who is charged with committing an offense that
  457  is classified as an act of domestic violence as defined in s.
  458  741.28 and whose risk assessment instrument indicates secure
  459  detention is not appropriate may be held in secure detention if
  460  the court makes specific written findings that:
  461         (a) Respite care for the child is not available.
  462         (b) It is necessary to place the child in secure detention
  463  in order to protect the victim from injury.
  464  
  465  The child may not be held in secure detention under this
  466  subsection for more than 48 hours unless ordered by the court.
  467  After 48 hours, the court shall hold a hearing if the state
  468  attorney or victim requests that secure detention be continued.
  469  The child may continue to be held in detention care if the court
  470  makes a specific, written finding that detention care is
  471  necessary to protect the victim from injury. However, the child
  472  may not be held in detention care beyond the time limits set
  473  forth in this section or s. 985.26.
  474         Section 14. For the purpose of incorporating the amendment
  475  made by this act to section 985.255, Florida Statutes, in a
  476  reference thereto, subsection (1) of section 985.275, Florida
  477  Statutes, is reenacted to read:
  478         985.275 Detention of escapee or absconder on authority of
  479  the department.—
  480         (1) If an authorized agent of the department has reasonable
  481  grounds to believe that any delinquent child committed to the
  482  department has escaped from a residential commitment facility or
  483  from being lawfully transported thereto or therefrom, or has
  484  absconded from a nonresidential commitment facility, the agent
  485  shall notify law enforcement and, if the offense would require
  486  notification under chapter 960, notify the victim. The agent
  487  shall make every reasonable effort as permitted within existing
  488  resources provided to the department to locate the delinquent
  489  child, and the child may be returned to the facility or, if it
  490  is closer, to a detention center for return to the facility.
  491  However, a child may not be held in detention longer than 24
  492  hours, excluding Saturdays, Sundays, and legal holidays, unless
  493  a special order so directing is made by the judge after a
  494  detention hearing resulting in a finding that detention is
  495  required based on the criteria in s. 985.255. The order shall
  496  state the reasons for such finding. The reasons shall be
  497  reviewable by appeal or in habeas corpus proceedings in the
  498  district court of appeal.
  499         Section 15. For the purpose of incorporating the amendment
  500  made by this act to section 985.255, Florida Statutes, in a
  501  reference thereto, subsection (6) of section 985.319, Florida
  502  Statutes, is reenacted to read:
  503         985.319 Process and service.—
  504         (6) If the petition alleges that the child has committed a
  505  delinquent act or violation of law and the judge deems it
  506  advisable to do so, under the criteria of s. 985.255, the judge
  507  may, by endorsement upon the summons and after the entry of an
  508  order in which valid reasons are specified, order the child to
  509  be taken into custody immediately, and in such case the person
  510  serving the summons shall immediately take the child into
  511  custody.
  512         Section 16. For the 2017-2018 fiscal year, the sums of
  513  $2,978,012 in recurring funds and $2,978,012 in nonrecurring
  514  funds from the General Revenue Fund are appropriated to the
  515  Department of Juvenile Justice for the purpose of implementing
  516  this act.
  517         Section 17. This act shall take effect October 1, 2017.
  518  
  519  ================= T I T L E  A M E N D M E N T ================
  520  And the title is amended as follows:
  521         Delete everything before the enacting clause
  522  and insert:
  523                        A bill to be entitled                      
  524         An act relating to juvenile justice; amending s.
  525         382.0255, F.S.; requiring the Department of Health to
  526         waive fees for a birth certificate issued to certain
  527         juvenile offenders; amending s. 985.25, F.S.; revising
  528         terminology; requiring that a child who meets
  529         specified criteria be placed in secure detention care
  530         until the child’s detention hearing; amending s.
  531         985.255, F.S.; revising terminology; providing an
  532         additional circumstance under which the court may
  533         order continued detention; providing criteria for a
  534         child to be a prolific juvenile offender; defining the
  535         term “arrest event”; specifying certain information
  536         and criteria that may be considered by a court only
  537         when determining whether a prolific juvenile offender
  538         should be held in secure detention; conforming
  539         provisions to changes made by the act; amending s.
  540         985.26, F.S.; revising terminology; requiring the
  541         court to place a prolific juvenile offender in certain
  542         detention care under a special detention order until
  543         disposition; specifying time limitations for secure
  544         detention for a prolific juvenile offender; defining
  545         the term “disposition”; providing for the tolling of
  546         nonsecure detention care for an alleged violation of
  547         such detention care; providing for the retention of
  548         jurisdiction by the court over a child during the
  549         tolling period; revising the calculation of detention
  550         care days served if a child violates nonsecure
  551         detention care; amending s. 985.265, F.S.; revising
  552         terminology; amending s. 985.27, F.S.; requiring
  553         secure detention for all children awaiting placement
  554         in a residential commitment program until the
  555         placement or commitment is accomplished; deleting
  556         provisions specifying the maximum number of days a
  557         child may be placed in secure detention under certain
  558         circumstances; amending s. 985.35, F.S.; requiring the
  559         adjudicatory hearing for a child who is a prolific
  560         juvenile offender to be held within a specified period
  561         unless such child requests a delay; amending s.
  562         985.514, F.S.; revising terminology; reenacting s.
  563         790.22(8), F.S., relating to secure detention for
  564         minors charged with an offense involving BB guns, air
  565         or gas-operated guns, or electric weapons or devices,
  566         to incorporate the amendments made by the act to ss.
  567         985.25, 985.255, and 985.26, F.S., in references
  568         thereto; reenacting s. 985.115(2), F.S., relating to
  569         release or delivery from custody, to incorporate the
  570         amendments made by the act to ss. 985.255 and 985.26,
  571         F.S., in references thereto; reenacting s. 985.13(2),
  572         F.S., relating to probable cause affidavits, to
  573         incorporate the amendments made by the act to ss.
  574         985.255 and 985.26, F.S., in references thereto;
  575         reenacting s. 985.245(2)(b), F.S., relating to risk
  576         assessment instruments, to incorporate the amendment
  577         made by this act to s. 985.255, F.S., in a reference
  578         thereto; reenacting s. 985.255(2), F.S., relating to
  579         detention criteria and hearings, to incorporate the
  580         amendment made by this act to s. 985.26, F.S., in a
  581         reference thereto; reenacting s. 985.275(1), F.S.,
  582         relating to detention of an escapee or absconder, to
  583         incorporate the amendment made by this act to s.
  584         985.255, F.S., in a reference thereto; reenacting s.
  585         985.319(6), F.S., relating to process and service, to
  586         incorporate the amendment made by this act to s.
  587         985.255, F.S., in a reference thereto; providing an
  588         appropriation; providing an effective date.