Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1552
Senate . House
Comm: RCS .
Appropriations Subcommittee on Criminal and Civil Justice
(Bracy) recommended the following:
1 Senate Substitute for Amendment (378810) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (b) of subsection (11) of section
7 320.08058, Florida Statutes, is amended to read:
8 320.08058 Specialty license plates.—
9 (11) INVEST IN CHILDREN LICENSE PLATES.—
10 (b) The proceeds of the Invest in Children license plate
11 annual use fee must be deposited into the Juvenile Crime
12 Prevention and Early Intervention Trust Fund within the
13 Department of Juvenile Justice. Based on the recommendations of
14 the juvenile justice councils, the department shall use the
15 proceeds of the fee to fund programs and services that are
16 designed to prevent juvenile delinquency.
The department shall
17 allocate moneys for programs and services within each county
18 based on that county’s proportionate share of the license plate
19 annual use fee collected by the county.
20 Section 2. Effective July 1, 2019, subsection (18) of
21 section 985.03, Florida Statutes, is amended to read:
22 985.03 Definitions.—As used in this chapter, the term:
23 (18) “Detention care” means the temporary care of a child
24 in secure or supervised release nonsecure detention, pending a
25 court adjudication or disposition or execution of a court order.
26 There are two types of detention care, as follows:
27 (a) “Secure detention” means temporary custody of the child
28 while the child is under the physical restriction of a secure
29 detention center or facility pending adjudication, disposition,
30 or placement.
31 (b) “Supervised release Nonsecure detention” means
32 temporary, nonsecure custody of the child while the child is
33 released to the custody of the parent, guardian, or custodian in
34 a physically nonrestrictive environment under the supervision of
35 the department staff pending adjudication , or disposition,
36 through programs that or placement. Forms of nonsecure detention
37 include, but are not limited to, home detention, electronic
38 monitoring, day reporting centers, evening reporting centers,
39 and nonsecure shelters. Supervised release Nonsecure detention
40 may include other requirements imposed by the court.
41 Section 3. Effective July 1, 2019, subsection (5) of
42 section 985.037, Florida Statutes, is amended to read:
43 985.037 Punishment for contempt of court; alternative
45 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
46 position of alternative sanctions coordinator within each
47 judicial circuit, pursuant to subsection (3). Each alternative
48 sanctions coordinator shall serve under the direction of the
49 chief administrative judge of the juvenile division as directed
50 by the chief judge of the circuit. The alternative sanctions
51 coordinator shall act as the liaison between the judiciary,
52 local department officials, district school board employees, and
53 local law enforcement agencies. The alternative sanctions
54 coordinator shall coordinate within the circuit community-based
55 alternative sanctions, including supervised release nonsecure
56 detention programs, community service projects, and other
57 juvenile sanctions, in conjunction with the circuit plan
58 implemented in accordance with s. 790.22(4)(c).
59 Section 4. Effective July 1, 2019, paragraph (a) of
60 subsection (1) of section 985.039, Florida Statutes, is amended
61 to read:
62 985.039 Cost of supervision; cost of care.—
63 (1) Except as provided in subsection (3) or subsection (4):
64 (a) When any child is placed into supervised release
65 nonsecure detention, probation, or other supervision status with
66 the department, or is committed to the minimum-risk
67 nonresidential restrictiveness level, the court shall order the
68 parent of such child to pay to the department a fee for the cost
69 of the supervision of such child in the amount of $1 per day for
70 each day that the child is in such status.
71 Section 5. Effective July 1, 2019, paragraph (d) of
72 subsection (1) of section 985.101, Florida Statutes, is amended
73 to read:
74 985.101 Taking a child into custody.—
75 (1) A child may be taken into custody under the following
77 (d) By a law enforcement officer who has probable cause to
78 believe that the child is in violation of the conditions of the
79 child’s probation, supervised release nonsecure detention,
80 postcommitment probation, or conditional release supervision;
81 has absconded from nonresidential commitment; or has escaped
82 from residential commitment.
84 Nothing in this subsection shall be construed to allow the
85 detention of a child who does not meet the detention criteria in
86 part V.
87 Section 6. Effective July 1, 2019, subsections (2), (4),
88 and (5) of section 985.24, Florida Statutes, are amended to
90 985.24 Use of detention; prohibitions.—
91 (2) A child alleged to have committed a delinquent act or
92 violation of law may not be placed into secure or supervised
93 release nonsecure detention care for any of the following
95 (a) To allow a parent to avoid his or her legal
97 (b) To permit more convenient administrative access to the
99 (c) To facilitate further interrogation or investigation.
100 (d) Due to a lack of more appropriate facilities.
101 (4) The department may, within its existing resources,
102 develop nonsecure, nonresidential evening reporting centers as
103 an alternative to placing a child in secure detention. Evening
104 reporting centers may be collocated with a juvenile assessment
105 center. If established, evening reporting centers shall serve
106 children and families who are awaiting a child’s court hearing
107 and, at a minimum, operate during the afternoon and evening
108 hours to provide a highly structured program of supervision.
109 Evening reporting centers may also provide academic tutoring,
110 counseling, family engagement programs, and other activities.
111 (4) (5) The department shall continue to identify and
112 develop supervised release detention options alternatives to
113 secure detention care and shall develop such alternatives and
114 annually submit them to the Legislature for authorization and
116 Section 7. Effective July 1, 2019, paragraph (b) of
117 subsection (2) and subsection (4) of section 985.245, Florida
118 Statutes, are amended to read:
119 985.245 Risk assessment instrument.—
121 (b) The risk assessment instrument shall take into
122 consideration, but need not be limited to, pending felony and
123 misdemeanor offenses, offenses committed pending adjudication,
124 prior offenses, unlawful possession of a firearm, prior history
125 of failure to appear, violations of supervision prior offenses,
126 offenses committed pending adjudication, any unlawful possession
127 of a firearm, theft of a motor vehicle or possession of a stolen
128 motor vehicle, and supervision probation status at the time the
129 child is taken into custody. The risk assessment instrument
130 shall also take into consideration all statutory mandates for
131 detention care appropriate aggravating and mitigating
132 circumstances, and shall be designed to target a narrower
133 population of children than s. 985.255. The risk assessment
134 instrument shall also include any information concerning the
135 child’s history of abuse and neglect. The risk assessment shall
136 indicate whether detention care is warranted, and, if detention
137 care is warranted, whether the child should be placed into
138 secure or supervised release nonsecure detention care.
139 (4) For a child who is under the supervision of the
140 department through probation, supervised release nonsecure
141 detention, conditional release, postcommitment probation, or
142 commitment and who is charged with committing a new offense, the
143 risk assessment instrument may be completed and scored based on
144 the underlying charge for which the child was placed under the
145 supervision of the department and the new offense.
146 Section 8. Effective July 1, 2019, paragraph (b) of
147 subsection (1) of section 985.25, Florida Statutes, is amended
148 to read:
149 985.25 Detention intake.—
150 (1) The department shall receive custody of a child who has
151 been taken into custody from the law enforcement agency or court
152 and shall review the facts in the law enforcement report or
153 probable cause affidavit and make such further inquiry as may be
154 necessary to determine whether detention care is appropriate.
155 (b) The department shall base the decision whether to place
156 the child into detention care on an assessment of risk in
157 accordance with the risk assessment instrument and procedures
158 developed by the department under s. 985.245, except that a
159 child shall be placed in secure detention care until the child’s
160 detention hearing if the child meets the criteria specified in
161 s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
162 discharging a firearm on school property in violation of s.
163 790.115 , or has been taken into custody on three or more
164 separate occasions within a 60-day period.
166 Under no circumstances shall the department or the state
167 attorney or law enforcement officer authorize the detention of
168 any child in a jail or other facility intended or used for the
169 detention of adults, without an order of the court.
170 Section 9. Effective July 1, 2019, subsection (1) and
171 paragraph (a) of subsection (3) of section 985.255, Florida
172 Statutes, are amended to read:
173 985.255 Detention criteria; detention hearing.—
174 (1) Subject to s. 985.25(1), a child taken into custody and
175 placed into detention care shall be given a hearing within 24
176 hours after being taken into custody. At the hearing, the court
177 may order a continued detention status if:
178 (a) The result of the risk assessment instrument pursuant
179 to s. 985.245 indicates secure or supervised release detention.
180 (b) The child is alleged to be an escapee from a
181 residential commitment program; or an absconder from a
182 nonresidential commitment program, a probation program, or
183 conditional release supervision; or is alleged to have escaped
184 while being lawfully transported to or from a residential
185 commitment program.
186 (c) (b) The child is wanted in another jurisdiction for an
187 offense which, if committed by an adult, would be a felony.
188 (d) (c) The child is charged with a delinquent act or
189 violation of law and requests in writing through legal counsel
190 to be detained for protection from an imminent physical threat
191 to his or her personal safety.
192 (d) The child is charged with committing an offense of
193 domestic violence as defined in s. 741.28 and is detained as
194 provided in subsection (2).
195 (e) The child is charged with possession of or discharging
196 a firearm on school property in violation of s. 790.115 or the
197 illegal possession of a firearm.
198 (f) The child is charged with a capital felony, a life
199 felony, a felony of the first degree, a felony of the second
200 degree that does not involve a violation of chapter 893, or a
201 felony of the third degree that is also a crime of violence,
202 including any such offense involving the use or possession of a
204 (g) The child is charged with any second degree or third
205 degree felony involving a violation of chapter 893 or any third
206 degree felony that is not also a crime of violence, and the
208 1. Has a record of failure to appear at court hearings
209 after being properly notified in accordance with the Rules of
210 Juvenile Procedure;
211 2. Has a record of law violations prior to court hearings;
212 3. Has already been detained or has been released and is
213 awaiting final disposition of the case;
214 4. Has a record of violent conduct resulting in physical
215 injury to others; or
216 5. Is found to have been in possession of a firearm.
217 (h) The child is alleged to have violated the conditions of
218 the child’s probation or conditional release supervision.
219 However, a child detained under this paragraph may be held only
220 in a consequence unit as provided in s. 985.439. If a
221 consequence unit is not available, the child shall be placed on
222 nonsecure detention with electronic monitoring.
223 (e) (i) The child is detained on a judicial order for
224 failure to appear and has previously willfully failed to appear,
225 after proper notice:
226 1. For an adjudicatory hearing on the same case regardless
227 of the results of the risk assessment instrument; or
228 2. At two or more court hearings of any nature on the same
229 case regardless of the results of the risk assessment
232 A child may be held in secure detention for up to 72 hours in
233 advance of the next scheduled court hearing pursuant to this
234 paragraph. The child’s failure to keep the clerk of court and
235 defense counsel informed of a current and valid mailing address
236 where the child will receive notice to appear at court
237 proceedings does not provide an adequate ground for excusal of
238 the child’s nonappearance at the hearings.
239 (f) (j) The child is a prolific juvenile offender. A child
240 is a prolific juvenile offender if the child:
241 1. Is charged with a delinquent act that would be a felony
242 if committed by an adult;
243 2. Has been adjudicated or had adjudication withheld for a
244 felony offense, or delinquent act that would be a felony if
245 committed by an adult, before the charge under subparagraph 1.;
247 3. In addition to meeting the requirements of subparagraphs
248 1. and 2., has five or more of any of the following, at least
249 three of which must have been for felony offenses or delinquent
250 acts that would have been felonies if committed by an adult:
251 a. An arrest event for which a disposition, as defined in
252 s. 985.26, has not been entered;
253 b. An adjudication; or
254 c. An adjudication withheld.
256 As used in this subparagraph, the term “arrest event” means an
257 arrest or referral for one or more criminal offenses or
258 delinquent acts arising out of the same episode, act, or
260 (3)(a) The purpose of the detention hearing required under
261 subsection (1) is to determine the existence of probable cause
262 that the child has committed the delinquent act or violation of
263 law that he or she is charged with and the need for continued
264 detention. Unless a child is detained under paragraph (1)(d) or
265 paragraph (1)(e), The court shall use the results of the risk
266 assessment performed by the department and, based on the
267 criteria in subsection (1), shall determine the need for
268 continued detention. If the child is a prolific juvenile
269 offender who is detained under s. 985.26(2)(c), the court shall
270 use the results of the risk assessment performed by the
271 department and the criteria in subsection (1) or subsection (2)
272 only to determine whether the prolific juvenile offender should
273 be held in secure detention.
274 Section 10. Paragraph (d) is added to subsection (2) of
275 section 985.26, Florida Statutes, to read:
276 985.26 Length of detention.—
278 (d) A prolific juvenile offender under s. 985.255(1)(j) who
279 is taken into custody for a violation of the conditions of his
280 or her nonsecure detention must be held in secure detention
281 until a detention hearing is held.
282 Section 11. Effective July 1, 2019, paragraphs (c) and (d)
283 of subsection (2) and paragraph (b) of subsection (4) of section
284 985.26, Florida Statutes, as amended by this act, are amended to
286 985.26 Length of detention.—
288 (c) A prolific juvenile offender under s. 985.255(1)(f)
289 985.255(1)(j) shall be placed on supervised release nonsecure
290 detention care with electronic monitoring or in secure detention
291 care under a special detention order until disposition. If
292 secure detention care is ordered by the court, it must be
293 authorized under this part and may not exceed:
294 1. Twenty-one days unless an adjudicatory hearing for the
295 case has been commenced in good faith by the court or the period
296 is extended by the court pursuant to paragraph (b); or
297 2. Fifteen days after the entry of an order of
300 As used in this paragraph, the term “disposition” means a
301 declination to file under s. 985.15(1)(h), the entry of nolle
302 prosequi for the charges, the filing of an indictment under s.
303 985.56 or an information under s. 985.557, a dismissal of the
304 case, or an order of final disposition by the court.
305 (d) A prolific juvenile offender under s. 985.255(1)(f)
306 985.255(1)(j) who is taken into custody for a violation of the
307 conditions of his or her supervised release nonsecure detention
308 must be held in secure detention until a detention hearing is
311 (b) The period for supervised release nonsecure detention
312 care under this section is tolled on the date that the
313 department or a law enforcement officer alleges that the child
314 has violated a condition of the child’s supervised release
315 nonsecure detention care until the court enters a ruling on the
316 violation. Notwithstanding the tolling of supervised release
317 nonsecure detention care, the court retains jurisdiction over
318 the child for a violation of a condition of supervised release
319 nonsecure detention care during the tolling period. If the court
320 finds that a child has violated his or her supervised release
321 nonsecure detention care, the number of days that the child
322 served in any type of detention care before commission of the
323 violation shall be excluded from the time limits under
324 subsections (2) and (3).
325 Section 12. Effective July 1, 2019, subsection (1),
326 paragraph (b) of subsection (3), and paragraph (a) of subsection
327 (4) of section 985.265, Florida Statutes, are amended to read:
328 985.265 Detention transfer and release; education; adult
330 (1) If a child is detained under this part, the department
331 may transfer the child from supervised release nonsecure
332 detention care to secure detention care only if significantly
333 changed circumstances warrant such transfer.
335 (b) When a juvenile is released from secure detention or
336 transferred to supervised release nonsecure detention, detention
337 staff shall immediately notify the appropriate law enforcement
338 agency, school personnel, and victim if the juvenile is charged
339 with committing any of the following offenses or attempting to
340 commit any of the following offenses:
341 1. Murder, under s. 782.04;
342 2. Sexual battery, under chapter 794;
343 3. Stalking, under s. 784.048; or
344 4. Domestic violence, as defined in s. 741.28.
345 (4)(a) While a child who is currently enrolled in school is
346 in supervised release nonsecure detention care, the child shall
347 continue to attend school unless otherwise ordered by the court.
348 Section 13. Effective July 1, 2019, paragraph (b) of
349 subsection (1) of section 985.35, Florida Statutes, is amended
350 to read:
351 985.35 Adjudicatory hearings; withheld adjudications;
352 orders of adjudication.—
354 (b) If the child is a prolific juvenile offender under s.
355 985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
356 held within 45 days after the child is taken into custody unless
357 a delay is requested by the child.
358 Section 14. Effective July 1, 2019, subsections (2) and (4)
359 of section 985.439, Florida Statutes, are amended to read:
360 985.439 Violation of probation or postcommitment
362 (2) A child taken into custody under s. 985.101 for
363 violating the conditions of probation shall be screened and
364 detained or released based on his or her risk assessment
365 instrument score or postcommitment probation shall be held in a
366 consequence unit if such a unit is available. The child shall be
367 afforded a hearing within 24 hours after being taken into
368 custody to determine the existence of probable cause that the
369 child violated the conditions of probation or postcommitment
370 probation. A consequence unit is a secure facility specifically
371 designated by the department for children who are taken into
372 custody under s. 985.101 for violating probation or
373 postcommitment probation, or who have been found by the court to
374 have violated the conditions of probation or postcommitment
375 probation. If the violation involves a new charge of
376 delinquency, the child may be detained under part V in a
377 facility other than a consequence unit. If the child is not
378 eligible for detention for the new charge of delinquency, the
379 child may be held in the consequence unit pending a hearing and
380 is subject to the time limitations specified in part V.
381 (4) Upon the child’s admission, or if the court finds after
382 a hearing that the child has violated the conditions of
383 probation or postcommitment probation, the court shall enter an
384 order revoking, modifying, or continuing probation or
385 postcommitment probation. In each such case, the court shall
386 enter a new disposition order and, in addition to the sanctions
387 set forth in this section, may impose any sanction the court
388 could have imposed at the original disposition hearing. If the
389 child is found to have violated the conditions of probation or
390 postcommitment probation, the court may:
391 (a) Place the child in a consequence unit in that judicial
392 circuit, if available, for up to 5 days for a first violation
393 and up to 15 days for a second or subsequent violation.
394 (a) (b) Place the child in supervised release nonsecure
395 detention with electronic monitoring. However, this sanction may
396 be used only if a residential consequence unit is not available.
397 (b) (c) If the violation of probation is technical in nature
398 and not a new violation of law, place the child in an
399 alternative consequence program designed to provide swift and
400 appropriate consequences to any further violations of probation.
401 1. Alternative consequence programs shall be established,
402 within existing resources, at the local level in coordination
403 with law enforcement agencies, the chief judge of the circuit,
404 the state attorney, and the public defender.
405 2. Alternative consequence programs may be operated by an
406 entity such as a law enforcement agency, the department, a
407 juvenile assessment center, a county or municipality, or another
408 entity selected by the department.
409 3. Upon placing a child in an alternative consequence
410 program, the court must approve specific consequences for
411 specific violations of the conditions of probation.
412 (c) (d) Modify or continue the child’s probation program or
413 postcommitment probation program.
414 (d) (e) Revoke probation or postcommitment probation and
415 commit the child to the department.
416 Section 15. Paragraph (a) of subsection (1) of section
417 985.557, Florida Statutes, is amended to read:
418 985.557 Direct filing of an information; discretionary and
419 mandatory criteria.—
420 (1) DISCRETIONARY DIRECT FILE.—
421 (a) With respect to any child who was 14 or 15 or 16 years
422 of age at the time the alleged offense was committed, the state
423 attorney may file an information when in the state attorney’s
424 judgment and discretion the public interest requires that adult
425 sanctions be considered or imposed and when the offense charged
426 is for the commission of, attempt to commit, or conspiracy to
428 1. Arson;
429 2. Sexual battery;
430 3. Robbery;
431 4. Kidnapping;
432 5. Aggravated child abuse;
433 6. Aggravated assault;
434 7. Aggravated stalking;
435 8. Murder;
436 9. Manslaughter;
437 10. Unlawful throwing, placing, or discharging of a
438 destructive device or bomb;
439 11. Armed burglary in violation of s. 810.02(2)(b) or
440 specified burglary of a dwelling or structure in violation of s.
441 810.02(2)(c), or burglary with an assault or battery in
442 violation of s. 810.02(2)(a);
443 12. Aggravated battery;
444 13. Any lewd or lascivious offense committed upon or in the
445 presence of a person less than 16 years of age;
446 14. Carrying, displaying, using, threatening, or attempting
447 to use a weapon or firearm during the commission of a felony;
448 15. Grand theft in violation of s. 812.014(2)(a);
449 16. Possessing or discharging any weapon or firearm on
450 school property in violation of s. 790.115;
451 17. Home invasion robbery;
452 18. Carjacking; or
453 19. Grand theft of a motor vehicle in violation of s.
454 812.014(2)(c)6. or grand theft of a motor vehicle valued at
455 $20,000 or more in violation of s. 812.014(2)(b) if the child
456 has a previous adjudication for grand theft of a motor vehicle
457 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
458 Section 16. Effective July 1, 2019, paragraph (a) of
459 subsection (9) of section 985.601, Florida Statutes, is amended
460 to read:
461 985.601 Administering the juvenile justice continuum.—
462 (9)(a) The department shall operate a statewide, regionally
463 administered system of detention services for children, in
464 accordance with a comprehensive plan for the regional
465 administration of all detention services in the state. The plan
466 must provide for the maintenance of adequate availability of
467 detention services for all counties. The plan must cover all the
468 department’s operating circuits, with each operating circuit
469 having access to a secure facility and supervised release
470 nonsecure detention programs, and the plan may be altered or
471 modified by the Department of Juvenile Justice as necessary.
472 Section 17. Subsections (3) and (7) of section 985.672,
473 Florida Statutes, are amended to read:
474 985.672 Direct-support organization; definition; use of
475 property; board of directors; audit.—
476 (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
477 shall appoint a board of directors of the direct-support
478 organization. The board members shall be appointed according to
479 the organization’s bylaws Members of the organization must
480 include representatives from businesses, representatives from
481 each of the juvenile justice service districts, and one
482 representative appointed at large.
483 (7) REPEAL.—This section is repealed October 1, 2018,
484 unless reviewed and saved from repeal by the Legislature.
485 Section 18. Except as otherwise expressly provided in this
486 act, this act shall take effect July 1, 2018.
488 ================= T I T L E A M E N D M E N T ================
489 And the title is amended as follows:
490 Delete everything before the enacting clause
491 and insert:
492 A bill to be entitled
493 An act relating to juvenile justice; amending s.
494 320.08058, F.S.; allowing the Department of Highway
495 Safety and Motor Vehicles to distribute proceeds from
496 the Invest in Children license plate annual use fee on
497 a statewide basis; amending s. 985.03, F.S.; replacing
498 the term “nonsecure detention” with the term
499 “supervised release”; defining the term “supervised
500 release detention”; amending ss. 985.037, 985.039, and
501 985.101, F.S.; conforming provisions to changes made
502 by the act; amending s. 985.24, F.S.; deleting
503 provisions authorizing the Department of Juvenile
504 Justice to develop evening reporting centers;
505 conforming provisions to changes made by the act;
506 amending s. 985.245, F.S.; revising risk assessment
507 instrument considerations; conforming provisions to
508 changes made by the act; amending s. 985.25, F.S.;
509 deleting a provision requiring mandatory detention for
510 children taken into custody on three or more separate
511 occasions within a 60-day period; amending s. 985.255,
512 F.S.; revising the circumstances under which a
513 continued detention status may be ordered; amending s.
514 985.26, F.S.; requiring the department to hold a
515 prolific juvenile offender in secure detention pending
516 a detention hearing following a violation of nonsecure
517 detention; amending s. 985.26, F.S.; revising the
518 definition of the term “disposition”; conforming
519 provisions to changes made by the act; amending ss.
520 985.265 and 985.35, F.S.; conforming provisions to
521 changes made by the act; amending s. 985.439, F.S.;
522 deleting authorization for placement of a child in a
523 consequence unit in certain circumstances; allowing a
524 child who violates conditions of probation to be
525 detained or released based on the results of the
526 detention risk assessment instrument; conforming
527 provisions to changes made by the act; amending s.
528 985.557, F.S.; increasing the age of a child at which
529 a state attorney may file an information against the
530 child for prosecution as an adult; amending s.
531 985.601, F.S.; conforming provisions to changes made
532 by the act; amending s. 985.672, F.S.; requiring the
533 board of directors of the department’s direct-support
534 organization to be appointed according to the
535 organization’s bylaws; deleting the scheduled repeal
536 of provisions governing a direct-support organization
537 established by the department; providing effective