Florida Senate - 2018 CS for SB 1552
By the Committee on Appropriations; and Senator Bracy
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 320.08058, F.S.; allowing the Department of Highway
4 Safety and Motor Vehicles to distribute proceeds from
5 the Invest in Children license plate annual use fee on
6 a statewide basis; amending s. 985.03, F.S.; replacing
7 the term “nonsecure detention” with the term
8 “supervised release detention”; defining the term
9 “supervised release detention”; amending ss. 985.037,
10 985.039, and 985.101, F.S.; conforming provisions to
11 changes made by the act; amending s. 985.24, F.S.;
12 deleting provisions authorizing the Department of
13 Juvenile Justice to develop evening reporting centers;
14 conforming provisions to changes made by the act;
15 amending s. 985.245, F.S.; revising risk assessment
16 instrument considerations; conforming provisions to
17 changes made by the act; amending s. 985.25, F.S.;
18 deleting a provision requiring mandatory detention for
19 children taken into custody on three or more separate
20 occasions within a 60-day period; amending s. 985.255,
21 F.S.; revising the circumstances under which a
22 continued detention status may be ordered; amending s.
23 985.26, F.S.; requiring the department to hold a
24 prolific juvenile offender in secure detention pending
25 a detention hearing following a violation of nonsecure
26 detention; amending s. 985.26, F.S.; revising the
27 definition of the term “disposition”; conforming
28 provisions to changes made by the act; amending ss.
29 985.265 and 985.35, F.S.; conforming provisions to
30 changes made by the act; amending s. 985.439, F.S.;
31 deleting an authorization for placement of a child in
32 a consequence unit in certain circumstances; allowing
33 a child who violates conditions of probation to be
34 detained or released based on the results of the
35 detention risk assessment instrument; conforming
36 provisions to changes made by the act; amending s.
37 985.557, F.S.; increasing the age of a child at which
38 a state attorney may file an information against the
39 child for prosecution as an adult; amending s.
40 985.601, F.S.; conforming provisions to changes made
41 by the act; amending s. 985.672, F.S.; requiring the
42 board of directors of the department’s direct-support
43 organization to be appointed according to the
44 organization’s bylaws; deleting the scheduled repeal
45 of provisions governing the direct-support
46 organization established by the department; providing
47 effective dates.
49 Be It Enacted by the Legislature of the State of Florida:
51 Section 1. Paragraph (b) of subsection (11) of section
52 320.08058, Florida Statutes, is amended to read:
53 320.08058 Specialty license plates.—
54 (11) INVEST IN CHILDREN LICENSE PLATES.—
55 (b) The proceeds of the Invest in Children license plate
56 annual use fee must be deposited into the Juvenile Crime
57 Prevention and Early Intervention Trust Fund within the
58 Department of Juvenile Justice. Based on the recommendations of
59 the juvenile justice councils, the department shall use the
60 proceeds of the fee to fund programs and services that are
61 designed to prevent juvenile delinquency.
The department shall
62 allocate moneys for programs and services within each county
63 based on that county’s proportionate share of the license plate
64 annual use fee collected by the county.
65 Section 2. Effective July 1, 2019, subsection (18) of
66 section 985.03, Florida Statutes, is amended to read:
67 985.03 Definitions.—As used in this chapter, the term:
68 (18) “Detention care” means the temporary care of a child
69 in secure or supervised release nonsecure detention, pending a
70 court adjudication or disposition or execution of a court order.
71 There are two types of detention care, as follows:
72 (a) “Secure detention” means temporary custody of the child
73 while the child is under the physical restriction of a secure
74 detention center or facility pending adjudication, disposition,
75 or placement.
76 (b) “Supervised release Nonsecure detention” means
77 temporary, nonsecure custody of the child while the child is
78 released to the custody of the parent, guardian, or custodian in
79 a physically nonrestrictive environment under the supervision of
80 the department staff pending adjudication , or disposition,
81 through programs that or placement. Forms of nonsecure detention
82 include, but are not limited to, home detention, electronic
83 monitoring, day reporting centers, evening reporting centers,
84 and nonsecure shelters. Supervised release Nonsecure detention
85 may include other requirements imposed by the court.
86 Section 3. Effective July 1, 2019, subsection (5) of
87 section 985.037, Florida Statutes, is amended to read:
88 985.037 Punishment for contempt of court; alternative
90 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
91 position of alternative sanctions coordinator within each
92 judicial circuit, pursuant to subsection (3). Each alternative
93 sanctions coordinator shall serve under the direction of the
94 chief administrative judge of the juvenile division as directed
95 by the chief judge of the circuit. The alternative sanctions
96 coordinator shall act as the liaison between the judiciary,
97 local department officials, district school board employees, and
98 local law enforcement agencies. The alternative sanctions
99 coordinator shall coordinate within the circuit community-based
100 alternative sanctions, including supervised release nonsecure
101 detention programs, community service projects, and other
102 juvenile sanctions, in conjunction with the circuit plan
103 implemented in accordance with s. 790.22(4)(c).
104 Section 4. Effective July 1, 2019, paragraph (a) of
105 subsection (1) of section 985.039, Florida Statutes, is amended
106 to read:
107 985.039 Cost of supervision; cost of care.—
108 (1) Except as provided in subsection (3) or subsection (4):
109 (a) When any child is placed into supervised release
110 nonsecure detention, probation, or other supervision status with
111 the department, or is committed to the minimum-risk
112 nonresidential restrictiveness level, the court shall order the
113 parent of such child to pay to the department a fee for the cost
114 of the supervision of such child in the amount of $1 per day for
115 each day that the child is in such status.
116 Section 5. Effective July 1, 2019, paragraph (d) of
117 subsection (1) of section 985.101, Florida Statutes, is amended
118 to read:
119 985.101 Taking a child into custody.—
120 (1) A child may be taken into custody under the following
122 (d) By a law enforcement officer who has probable cause to
123 believe that the child is in violation of the conditions of the
124 child’s probation, supervised release nonsecure detention,
125 postcommitment probation, or conditional release supervision;
126 has absconded from nonresidential commitment; or has escaped
127 from residential commitment.
129 Nothing in this subsection shall be construed to allow the
130 detention of a child who does not meet the detention criteria in
131 part V.
132 Section 6. Effective July 1, 2019, subsections (2), (4),
133 and (5) of section 985.24, Florida Statutes, are amended to
135 985.24 Use of detention; prohibitions.—
136 (2) A child alleged to have committed a delinquent act or
137 violation of law may not be placed into secure or supervised
138 release nonsecure detention care for any of the following
140 (a) To allow a parent to avoid his or her legal
142 (b) To permit more convenient administrative access to the
144 (c) To facilitate further interrogation or investigation.
145 (d) Due to a lack of more appropriate facilities.
146 (4) The department may, within its existing resources,
147 develop nonsecure, nonresidential evening reporting centers as
148 an alternative to placing a child in secure detention. Evening
149 reporting centers may be collocated with a juvenile assessment
150 center. If established, evening reporting centers shall serve
151 children and families who are awaiting a child’s court hearing
152 and, at a minimum, operate during the afternoon and evening
153 hours to provide a highly structured program of supervision.
154 Evening reporting centers may also provide academic tutoring,
155 counseling, family engagement programs, and other activities.
156 (4) (5) The department shall continue to identify and
157 develop supervised release detention options alternatives to
158 secure detention care and shall develop such alternatives and
159 annually submit them to the Legislature for authorization and
161 Section 7. Effective July 1, 2019, paragraph (b) of
162 subsection (2) and subsection (4) of section 985.245, Florida
163 Statutes, are amended to read:
164 985.245 Risk assessment instrument.—
166 (b) The risk assessment instrument shall take into
167 consideration, but need not be limited to, pending felony and
168 misdemeanor offenses, offenses committed pending adjudication,
169 prior offenses, unlawful possession of a firearm, prior history
170 of failure to appear, violations of supervision prior offenses,
171 offenses committed pending adjudication, any unlawful possession
172 of a firearm, theft of a motor vehicle or possession of a stolen
173 motor vehicle, and supervision probation status at the time the
174 child is taken into custody. The risk assessment instrument
175 shall also take into consideration all statutory mandates for
176 detention care appropriate aggravating and mitigating
177 circumstances, and shall be designed to target a narrower
178 population of children than s. 985.255. The risk assessment
179 instrument shall also include any information concerning the
180 child’s history of abuse and neglect. The risk assessment shall
181 indicate whether detention care is warranted, and, if detention
182 care is warranted, whether the child should be placed into
183 secure or supervised release nonsecure detention care.
184 (4) For a child who is under the supervision of the
185 department through probation, supervised release nonsecure
186 detention, conditional release, postcommitment probation, or
187 commitment and who is charged with committing a new offense, the
188 risk assessment instrument may be completed and scored based on
189 the underlying charge for which the child was placed under the
190 supervision of the department and the new offense.
191 Section 8. Effective July 1, 2019, paragraph (b) of
192 subsection (1) of section 985.25, Florida Statutes, is amended
193 to read:
194 985.25 Detention intake.—
195 (1) The department shall receive custody of a child who has
196 been taken into custody from the law enforcement agency or court
197 and shall review the facts in the law enforcement report or
198 probable cause affidavit and make such further inquiry as may be
199 necessary to determine whether detention care is appropriate.
200 (b) The department shall base the decision whether to place
201 the child into detention care on an assessment of risk in
202 accordance with the risk assessment instrument and procedures
203 developed by the department under s. 985.245, except that a
204 child shall be placed in secure detention care until the child’s
205 detention hearing if the child meets the criteria specified in
206 s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
207 discharging a firearm on school property in violation of s.
208 790.115 , or has been taken into custody on three or more
209 separate occasions within a 60-day period.
211 Under no circumstances shall the department or the state
212 attorney or law enforcement officer authorize the detention of
213 any child in a jail or other facility intended or used for the
214 detention of adults, without an order of the court.
215 Section 9. Effective July 1, 2019, subsection (1) and
216 paragraph (a) of subsection (3) of section 985.255, Florida
217 Statutes, are amended to read:
218 985.255 Detention criteria; detention hearing.—
219 (1) Subject to s. 985.25(1), a child taken into custody and
220 placed into detention care shall be given a hearing within 24
221 hours after being taken into custody. At the hearing, the court
222 may order a continued detention status if:
223 (a) The result of the risk assessment instrument pursuant
224 to s. 985.245 indicates secure or supervised release detention.
225 (b) The child is alleged to be an escapee from a
226 residential commitment program; or an absconder from a
227 nonresidential commitment program, a probation program, or
228 conditional release supervision; or is alleged to have escaped
229 while being lawfully transported to or from a residential
230 commitment program.
231 (c) (b) The child is wanted in another jurisdiction for an
232 offense which, if committed by an adult, would be a felony.
233 (d) (c) The child is charged with a delinquent act or
234 violation of law and requests in writing through legal counsel
235 to be detained for protection from an imminent physical threat
236 to his or her personal safety.
237 (d) The child is charged with committing an offense of
238 domestic violence as defined in s. 741.28 and is detained as
239 provided in subsection (2).
240 (e) The child is charged with possession of or discharging
241 a firearm on school property in violation of s. 790.115 or the
242 illegal possession of a firearm.
243 (f) The child is charged with a capital felony, a life
244 felony, a felony of the first degree, a felony of the second
245 degree that does not involve a violation of chapter 893, or a
246 felony of the third degree that is also a crime of violence,
247 including any such offense involving the use or possession of a
249 (g) The child is charged with any second degree or third
250 degree felony involving a violation of chapter 893 or any third
251 degree felony that is not also a crime of violence, and the
253 1. Has a record of failure to appear at court hearings
254 after being properly notified in accordance with the Rules of
255 Juvenile Procedure;
256 2. Has a record of law violations prior to court hearings;
257 3. Has already been detained or has been released and is
258 awaiting final disposition of the case;
259 4. Has a record of violent conduct resulting in physical
260 injury to others; or
261 5. Is found to have been in possession of a firearm.
262 (h) The child is alleged to have violated the conditions of
263 the child’s probation or conditional release supervision.
264 However, a child detained under this paragraph may be held only
265 in a consequence unit as provided in s. 985.439. If a
266 consequence unit is not available, the child shall be placed on
267 nonsecure detention with electronic monitoring.
268 (e) (i) The child is detained on a judicial order for
269 failure to appear and has previously willfully failed to appear,
270 after proper notice:
271 1. For an adjudicatory hearing on the same case regardless
272 of the results of the risk assessment instrument; or
273 2. At two or more court hearings of any nature on the same
274 case regardless of the results of the risk assessment
277 A child may be held in secure detention for up to 72 hours in
278 advance of the next scheduled court hearing pursuant to this
279 paragraph. The child’s failure to keep the clerk of court and
280 defense counsel informed of a current and valid mailing address
281 where the child will receive notice to appear at court
282 proceedings does not provide an adequate ground for excusal of
283 the child’s nonappearance at the hearings.
284 (f) (j) The child is a prolific juvenile offender. A child
285 is a prolific juvenile offender if the child:
286 1. Is charged with a delinquent act that would be a felony
287 if committed by an adult;
288 2. Has been adjudicated or had adjudication withheld for a
289 felony offense, or delinquent act that would be a felony if
290 committed by an adult, before the charge under subparagraph 1.;
292 3. In addition to meeting the requirements of subparagraphs
293 1. and 2., has five or more of any of the following, at least
294 three of which must have been for felony offenses or delinquent
295 acts that would have been felonies if committed by an adult:
296 a. An arrest event for which a disposition, as defined in
297 s. 985.26, has not been entered;
298 b. An adjudication; or
299 c. An adjudication withheld.
301 As used in this subparagraph, the term “arrest event” means an
302 arrest or referral for one or more criminal offenses or
303 delinquent acts arising out of the same episode, act, or
305 (3)(a) The purpose of the detention hearing required under
306 subsection (1) is to determine the existence of probable cause
307 that the child has committed the delinquent act or violation of
308 law that he or she is charged with and the need for continued
309 detention. Unless a child is detained under paragraph (1)(d) or
310 paragraph (1)(e), The court shall use the results of the risk
311 assessment performed by the department and, based on the
312 criteria in subsection (1), shall determine the need for
313 continued detention. If the child is a prolific juvenile
314 offender who is detained under s. 985.26(2)(c), the court shall
315 use the results of the risk assessment performed by the
316 department and the criteria in subsection (1) or subsection (2)
317 only to determine whether the prolific juvenile offender should
318 be held in secure detention.
319 Section 10. Paragraph (d) is added to subsection (2) of
320 section 985.26, Florida Statutes, to read:
321 985.26 Length of detention.—
323 (d) A prolific juvenile offender under s. 985.255(1)(j) who
324 is taken into custody for a violation of the conditions of his
325 or her nonsecure detention must be held in secure detention
326 until a detention hearing is held.
327 Section 11. Effective July 1, 2019, paragraphs (c) and (d)
328 of subsection (2) and paragraph (b) of subsection (4) of section
329 985.26, Florida Statutes, as amended by this act, are amended to
331 985.26 Length of detention.—
333 (c) A prolific juvenile offender under s. 985.255(1)(f)
334 985.255(1)(j) shall be placed on supervised release nonsecure
335 detention care with electronic monitoring or in secure detention
336 care under a special detention order until disposition. If
337 secure detention care is ordered by the court, it must be
338 authorized under this part and may not exceed:
339 1. Twenty-one days unless an adjudicatory hearing for the
340 case has been commenced in good faith by the court or the period
341 is extended by the court pursuant to paragraph (b); or
342 2. Fifteen days after the entry of an order of
345 As used in this paragraph, the term “disposition” means a
346 declination to file under s. 985.15(1)(h), the entry of nolle
347 prosequi for the charges, the filing of an indictment under s.
348 985.56 or an information under s. 985.557, a dismissal of the
349 case, or an order of final disposition by the court.
350 (d) A prolific juvenile offender under s. 985.255(1)(f)
351 985.255(1)(j) who is taken into custody for a violation of the
352 conditions of his or her supervised release nonsecure detention
353 must be held in secure detention until a detention hearing is
356 (b) The period for supervised release nonsecure detention
357 care under this section is tolled on the date that the
358 department or a law enforcement officer alleges that the child
359 has violated a condition of the child’s supervised release
360 nonsecure detention care until the court enters a ruling on the
361 violation. Notwithstanding the tolling of supervised release
362 nonsecure detention care, the court retains jurisdiction over
363 the child for a violation of a condition of supervised release
364 nonsecure detention care during the tolling period. If the court
365 finds that a child has violated his or her supervised release
366 nonsecure detention care, the number of days that the child
367 served in any type of detention care before commission of the
368 violation shall be excluded from the time limits under
369 subsections (2) and (3).
370 Section 12. Effective July 1, 2019, subsection (1),
371 paragraph (b) of subsection (3), and paragraph (a) of subsection
372 (4) of section 985.265, Florida Statutes, are amended to read:
373 985.265 Detention transfer and release; education; adult
375 (1) If a child is detained under this part, the department
376 may transfer the child from supervised release nonsecure
377 detention care to secure detention care only if significantly
378 changed circumstances warrant such transfer.
380 (b) When a juvenile is released from secure detention or
381 transferred to supervised release nonsecure detention, detention
382 staff shall immediately notify the appropriate law enforcement
383 agency, school personnel, and victim if the juvenile is charged
384 with committing any of the following offenses or attempting to
385 commit any of the following offenses:
386 1. Murder, under s. 782.04;
387 2. Sexual battery, under chapter 794;
388 3. Stalking, under s. 784.048; or
389 4. Domestic violence, as defined in s. 741.28.
390 (4)(a) While a child who is currently enrolled in school is
391 in supervised release nonsecure detention care, the child shall
392 continue to attend school unless otherwise ordered by the court.
393 Section 13. Effective July 1, 2019, paragraph (b) of
394 subsection (1) of section 985.35, Florida Statutes, is amended
395 to read:
396 985.35 Adjudicatory hearings; withheld adjudications;
397 orders of adjudication.—
399 (b) If the child is a prolific juvenile offender under s.
400 985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
401 held within 45 days after the child is taken into custody unless
402 a delay is requested by the child.
403 Section 14. Effective July 1, 2019, subsections (2) and (4)
404 of section 985.439, Florida Statutes, are amended to read:
405 985.439 Violation of probation or postcommitment
407 (2) A child taken into custody under s. 985.101 for
408 violating the conditions of probation shall be screened and
409 detained or released based on his or her risk assessment
410 instrument score or postcommitment probation shall be held in a
411 consequence unit if such a unit is available. The child shall be
412 afforded a hearing within 24 hours after being taken into
413 custody to determine the existence of probable cause that the
414 child violated the conditions of probation or postcommitment
415 probation. A consequence unit is a secure facility specifically
416 designated by the department for children who are taken into
417 custody under s. 985.101 for violating probation or
418 postcommitment probation, or who have been found by the court to
419 have violated the conditions of probation or postcommitment
420 probation. If the violation involves a new charge of
421 delinquency, the child may be detained under part V in a
422 facility other than a consequence unit. If the child is not
423 eligible for detention for the new charge of delinquency, the
424 child may be held in the consequence unit pending a hearing and
425 is subject to the time limitations specified in part V.
426 (4) Upon the child’s admission, or if the court finds after
427 a hearing that the child has violated the conditions of
428 probation or postcommitment probation, the court shall enter an
429 order revoking, modifying, or continuing probation or
430 postcommitment probation. In each such case, the court shall
431 enter a new disposition order and, in addition to the sanctions
432 set forth in this section, may impose any sanction the court
433 could have imposed at the original disposition hearing. If the
434 child is found to have violated the conditions of probation or
435 postcommitment probation, the court may:
436 (a) Place the child in a consequence unit in that judicial
437 circuit, if available, for up to 5 days for a first violation
438 and up to 15 days for a second or subsequent violation.
439 (a) (b) Place the child in supervised release nonsecure
440 detention with electronic monitoring. However, this sanction may
441 be used only if a residential consequence unit is not available.
442 (b) (c) If the violation of probation is technical in nature
443 and not a new violation of law, place the child in an
444 alternative consequence program designed to provide swift and
445 appropriate consequences to any further violations of probation.
446 1. Alternative consequence programs shall be established,
447 within existing resources, at the local level in coordination
448 with law enforcement agencies, the chief judge of the circuit,
449 the state attorney, and the public defender.
450 2. Alternative consequence programs may be operated by an
451 entity such as a law enforcement agency, the department, a
452 juvenile assessment center, a county or municipality, or another
453 entity selected by the department.
454 3. Upon placing a child in an alternative consequence
455 program, the court must approve specific consequences for
456 specific violations of the conditions of probation.
457 (c) (d) Modify or continue the child’s probation program or
458 postcommitment probation program.
459 (d) (e) Revoke probation or postcommitment probation and
460 commit the child to the department.
461 Section 15. Paragraph (a) of subsection (1) of section
462 985.557, Florida Statutes, is amended to read:
463 985.557 Direct filing of an information; discretionary and
464 mandatory criteria.—
465 (1) DISCRETIONARY DIRECT FILE.—
466 (a) With respect to any child who was 14 or 15 or 16 years
467 of age at the time the alleged offense was committed, the state
468 attorney may file an information when in the state attorney’s
469 judgment and discretion the public interest requires that adult
470 sanctions be considered or imposed and when the offense charged
471 is for the commission of, attempt to commit, or conspiracy to
473 1. Arson;
474 2. Sexual battery;
475 3. Robbery;
476 4. Kidnapping;
477 5. Aggravated child abuse;
478 6. Aggravated assault;
479 7. Aggravated stalking;
480 8. Murder;
481 9. Manslaughter;
482 10. Unlawful throwing, placing, or discharging of a
483 destructive device or bomb;
484 11. Armed burglary in violation of s. 810.02(2)(b) or
485 specified burglary of a dwelling or structure in violation of s.
486 810.02(2)(c), or burglary with an assault or battery in
487 violation of s. 810.02(2)(a);
488 12. Aggravated battery;
489 13. Any lewd or lascivious offense committed upon or in the
490 presence of a person less than 16 years of age;
491 14. Carrying, displaying, using, threatening, or attempting
492 to use a weapon or firearm during the commission of a felony;
493 15. Grand theft in violation of s. 812.014(2)(a);
494 16. Possessing or discharging any weapon or firearm on
495 school property in violation of s. 790.115;
496 17. Home invasion robbery;
497 18. Carjacking; or
498 19. Grand theft of a motor vehicle in violation of s.
499 812.014(2)(c)6. or grand theft of a motor vehicle valued at
500 $20,000 or more in violation of s. 812.014(2)(b) if the child
501 has a previous adjudication for grand theft of a motor vehicle
502 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
503 Section 16. Effective July 1, 2019, paragraph (a) of
504 subsection (9) of section 985.601, Florida Statutes, is amended
505 to read:
506 985.601 Administering the juvenile justice continuum.—
507 (9)(a) The department shall operate a statewide, regionally
508 administered system of detention services for children, in
509 accordance with a comprehensive plan for the regional
510 administration of all detention services in the state. The plan
511 must provide for the maintenance of adequate availability of
512 detention services for all counties. The plan must cover all the
513 department’s operating circuits, with each operating circuit
514 having access to a secure facility and supervised release
515 nonsecure detention programs, and the plan may be altered or
516 modified by the Department of Juvenile Justice as necessary.
517 Section 17. Subsections (3) and (7) of section 985.672,
518 Florida Statutes, are amended to read:
519 985.672 Direct-support organization; definition; use of
520 property; board of directors; audit.—
521 (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
522 shall appoint a board of directors of the direct-support
523 organization. The board members shall be appointed according to
524 the organization’s bylaws Members of the organization must
525 include representatives from businesses, representatives from
526 each of the juvenile justice service districts, and one
527 representative appointed at large.
528 (7) REPEAL.—This section is repealed October 1, 2018,
529 unless reviewed and saved from repeal by the Legislature.
530 Section 18. Except as otherwise expressly provided in this
531 act, this act shall take effect July 1, 2018.