Florida Senate - 2024                                    SB 1274
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01163A-24                                          20241274__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         790.115, F.S.; removing a provision requiring
    4         specified treatment of minors charged with possessing
    5         or discharging a firearm on school property; amending
    6         s. 790.22, F.S.; revising penalties for minors
    7         committing specified firearms violations; removing
    8         provisions concerning minors charged with or convicted
    9         of certain firearms offenses; amending s. 985.101,
   10         F.S.; conforming provisions to changes made by the
   11         act; amending s. 985.12, F.S.; redesignating civil
   12         citation programs as prearrest delinquency citation
   13         programs; revising program requirements; providing
   14         that certain existing programs meeting certain
   15         requirements shall be deemed authorized; amending s.
   16         985.125, F.S.; conforming provisions to changes made
   17         by the act; amending s. 985.126, F.S.; requiring the
   18         Department of Juvenile Justice to publish a quarterly
   19         report concerning entities using delinquency citations
   20         for less than a specified amount of eligible offenses;
   21         amending s. 985.245, F.S.; conforming provisions to
   22         changes made by the act; amending s. 985.25, F.S.;
   23         requiring that youths who are arrested for certain
   24         electronic monitoring or supervised release violations
   25         be placed in secure detention until a detention
   26         hearing; requiring that a child on probation for an
   27         underlying felony firearm offense who is taken into
   28         custody be placed in secure detention; providing for
   29         renewal of secure detention periods in certain
   30         circumstances; amending s. 985.255, F.S.; providing
   31         that when there is probable cause that a child
   32         committed one of a specified list of offenses that he
   33         or she is presumed to be a risk to public safety and
   34         danger to the community and must be held in secure a
   35         detention before an adjudicatory hearing; providing
   36         requirements for release of such a child despite the
   37         presumption; revising provisions concerning the use of
   38         risk assessments; amending s. 985.26, F.S.; revising
   39         requirements for holding a child in secure detention
   40         for more than 21 days; amending s. 985.433, F.S.;
   41         requiring conditional release conditions for children
   42         released after confinement for specified firearms
   43         offenses; requiring specified sanctions for certain
   44         children adjudicated for certain firearms offenses who
   45         are not committed to a residential program; providing
   46         that children who previously have had adjudication
   47         withheld for certain offenses my not have adjudication
   48         withheld for specified offenses; amending s. 985.435,
   49         F.S.; conforming provisions to changes made by the
   50         act; creating s. 985.438, F.S.; requiring the
   51         Department of Juvenile Justice to create and
   52         administer a graduated response matrix to hold youths
   53         accountable to the terms of their court ordered
   54         probation and the terms of their conditional release;
   55         providing requirements for the matrix; requiring that
   56         the matrix be adopted in rule by the department;
   57         amending s. 985.439, F.S.; requiring a state attorney
   58         to file a probation violation within a specified
   59         period or inform the court and the Department of
   60         Juvenile Justice why such violation is not filed;
   61         removing provisions concerning an alternative
   62         consequence program; allowing placement of electronic
   63         monitoring for probation violations in certain
   64         circumstances; amending s. 985.455, F.S.; authorizing
   65         a court to make an exception to an order of revocation
   66         or suspension of driving privileges in certain
   67         circumstances; amending s. 985.46, F.S.; revising
   68         legislative intent concerning conditional release;
   69         revising the conditions of conditional release;
   70         providing for assessment of conditional release
   71         violations and possible recommitment of violators;
   72         amending ss. 985.48 and 985.4815, F.S.; conforming
   73         provisions to changes made by the act; amending s.
   74         985.601, F.S.; requiring the Department of Juvenile
   75         Justice to establish a specified class for firearms
   76         offenders; amending s. 985.711, F.S.; revising
   77         provisions concerning introduction of contraband into
   78         department facilities; revising criminal penalties for
   79         violations; amending s. 1002.221, F.S.; revising
   80         provisions concerning educational records for certain
   81         purposes; amending ss. 943.051, 985.11, and 1006.07,
   82         F.S.; conforming provisions to changes made by the
   83         act; providing an effective date.
   84  
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Subsection (4) of section 790.115, Florida
   88  Statutes, is amended to read:
   89         790.115 Possessing or discharging weapons or firearms at a
   90  school-sponsored event or on school property prohibited;
   91  penalties; exceptions.—
   92         (4)Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
   93  any minor under 18 years of age who is charged under this
   94  section with possessing or discharging a firearm on school
   95  property shall be detained in secure detention, unless the state
   96  attorney authorizes the release of the minor, and shall be given
   97  a probable cause hearing within 24 hours after being taken into
   98  custody. At the hearing, the court may order that the minor
   99  continue to be held in secure detention for a period of 21 days,
  100  during which time the minor shall receive medical, psychiatric,
  101  psychological, or substance abuse examinations pursuant to s.
  102  985.18, and a written report shall be completed.
  103         Section 2. Subsections (1), (5), (8), (9), and (10) of
  104  section 790.22, Florida Statutes, are amended, and subsection
  105  (3) of that section is republished, to read:
  106         790.22 Use of BB guns, air or gas-operated guns, or
  107  electric weapons or devices by minor under 16; limitation;
  108  possession of firearms by minor under 18 prohibited; penalties.—
  109         (1) The use for any purpose whatsoever of BB guns, air or
  110  gas-operated guns, or electric weapons or devices, by any minor
  111  under the age of 16 years is prohibited unless such use is under
  112  the supervision and in the presence of an adult who is acting
  113  with the consent of the minor’s parent or guardian.
  114         (3) A minor under 18 years of age may not possess a
  115  firearm, other than an unloaded firearm at his or her home,
  116  unless:
  117         (a) The minor is engaged in a lawful hunting activity and
  118  is:
  119         1. At least 16 years of age; or
  120         2. Under 16 years of age and supervised by an adult.
  121         (b) The minor is engaged in a lawful marksmanship
  122  competition or practice or other lawful recreational shooting
  123  activity and is:
  124         1. At least 16 years of age; or
  125         2. Under 16 years of age and supervised by an adult who is
  126  acting with the consent of the minor’s parent or guardian.
  127         (c) The firearm is unloaded and is being transported by the
  128  minor directly to or from an event authorized in paragraph (a)
  129  or paragraph (b).
  130         (5)(a) A minor who violates subsection (3) commits a felony
  131  misdemeanor of the third first degree; for a first offense,
  132  shall may serve a period of detention of up to 5 days in a
  133  secure detention facility, with credit for time served in secure
  134  detention prior to disposition; and, in addition to any other
  135  penalty provided by law, shall be required to perform 100 hours
  136  of community service or paid work as determined by the
  137  department. For a second violation of subsection (3), a minor
  138  shall serve 21 days in a secure detention facility, with credit
  139  for time served in secure detention before disposition; and
  140  shall be required to perform not less than 100 nor more than 250
  141  hours of community service or paid work as determined by the
  142  department. For a third or subsequent violation of subsection
  143  (3), a minor shall be adjudicated delinquent and committed to a
  144  residential program. In addition to the penalties for a first
  145  offense and a second or subsequent offense under subsection (3);
  146  and:
  147         (a)1. If the minor is eligible by reason of age for a
  148  driver license or driving privilege, the court may direct the
  149  Department of Highway Safety and Motor Vehicles to revoke or to
  150  withhold issuance of the minor’s driver license or driving
  151  privilege for up to 1 year for a first offense and up to 2 years
  152  for a second or subsequent offense.
  153         (b)2. If the minor’s driver license or driving privilege is
  154  under suspension or revocation for any reason, the court may
  155  direct the Department of Highway Safety and Motor Vehicles to
  156  extend the period of suspension or revocation by an additional
  157  period of up to 1 year for a first offense and up to 2 years for
  158  a second or subsequent offense.
  159         (c)3. If the minor is ineligible by reason of age for a
  160  driver license or driving privilege, the court may direct the
  161  Department of Highway Safety and Motor Vehicles to withhold
  162  issuance of the minor’s driver license or driving privilege for
  163  up to 1 year after the date on which the minor would otherwise
  164  have become eligible for a first offense and up to 2 years for a
  165  second or subsequent offense.
  166         (b)For a second or subsequent offense, a minor who
  167  violates subsection (3) commits a felony of the third degree and
  168  shall serve a period of detention of up to 21 days in a secure
  169  detention facility and shall be required to perform not less
  170  than 100 nor more than 250 hours of community service, and:
  171         1.If the minor is eligible by reason of age for a driver
  172  license or driving privilege, the court may direct the
  173  Department of Highway Safety and Motor Vehicles to revoke or to
  174  withhold issuance of the minor’s driver license or driving
  175  privilege for up to 2 years.
  176         2.If the minor’s driver license or driving privilege is
  177  under suspension or revocation for any reason, the court may
  178  direct the Department of Highway Safety and Motor Vehicles to
  179  extend the period of suspension or revocation by an additional
  180  period of up to 2 years.
  181         3.If the minor is ineligible by reason of age for a driver
  182  license or driving privilege, the court may direct the
  183  Department of Highway Safety and Motor Vehicles to withhold
  184  issuance of the minor’s driver license or driving privilege for
  185  up to 2 years after the date on which the minor would otherwise
  186  have become eligible.
  187  
  188  For the purposes of this subsection, community service shall be
  189  performed, if possible, in a manner involving a hospital
  190  emergency room or other medical environment that deals on a
  191  regular basis with trauma patients and gunshot wounds.
  192         (8)Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  193  is charged with an offense that involves the use or possession
  194  of a firearm, including a violation of subsection (3), or is
  195  charged for any offense during the commission of which the minor
  196  possessed a firearm, the minor shall be detained in secure
  197  detention, unless the state attorney authorizes the release of
  198  the minor, and shall be given a hearing within 24 hours after
  199  being taken into custody. At the hearing, the court may order
  200  that the minor continue to be held in secure detention in
  201  accordance with the applicable time periods specified in s.
  202  985.26(1)-(5), if the court finds that the minor meets the
  203  criteria specified in s. 985.255, or if the court finds by clear
  204  and convincing evidence that the minor is a clear and present
  205  danger to himself or herself or the community. The Department of
  206  Juvenile Justice shall prepare a form for all minors charged
  207  under this subsection which states the period of detention and
  208  the relevant demographic information, including, but not limited
  209  to, the gender, age, and race of the minor; whether or not the
  210  minor was represented by private counsel or a public defender;
  211  the current offense; and the minor’s complete prior record,
  212  including any pending cases. The form shall be provided to the
  213  judge for determining whether the minor should be continued in
  214  secure detention under this subsection. An order placing a minor
  215  in secure detention because the minor is a clear and present
  216  danger to himself or herself or the community must be in
  217  writing, must specify the need for detention and the benefits
  218  derived by the minor or the community by placing the minor in
  219  secure detention, and must include a copy of the form provided
  220  by the department.
  221         (9)Notwithstanding s. 985.245, if the minor is found to
  222  have committed an offense that involves the use or possession of
  223  a firearm, as defined in s. 790.001, other than a violation of
  224  subsection (3), or an offense during the commission of which the
  225  minor possessed a firearm, and the minor is not committed to a
  226  residential commitment program of the Department of Juvenile
  227  Justice, in addition to any other punishment provided by law,
  228  the court shall order:
  229         (a)For a first offense, that the minor shall serve a
  230  minimum period of detention of 15 days in a secure detention
  231  facility; and
  232         1.Perform 100 hours of community service; and may
  233         2.Be placed on community control or in a nonresidential
  234  commitment program.
  235         (b)For a second or subsequent offense, that the minor
  236  shall serve a mandatory period of detention of at least 21 days
  237  in a secure detention facility; and
  238         1.Perform not less than 100 nor more than 250 hours of
  239  community service; and may
  240         2.Be placed on community control or in a nonresidential
  241  commitment program.
  242  
  243  The minor shall not receive credit for time served before
  244  adjudication. For the purposes of this subsection, community
  245  service shall be performed, if possible, in a manner involving a
  246  hospital emergency room or other medical environment that deals
  247  on a regular basis with trauma patients and gunshot wounds.
  248         (10)If a minor is found to have committed an offense under
  249  subsection (9), the court shall impose the following penalties
  250  in addition to any penalty imposed under paragraph (9)(a) or
  251  paragraph (9)(b):
  252         (a)For a first offense:
  253         1.If the minor is eligible by reason of age for a driver
  254  license or driving privilege, the court may direct the
  255  Department of Highway Safety and Motor Vehicles to revoke or to
  256  withhold issuance of the minor’s driver license or driving
  257  privilege for up to 1 year.
  258         2.If the minor’s driver license or driving privilege is
  259  under suspension or revocation for any reason, the court may
  260  direct the Department of Highway Safety and Motor Vehicles to
  261  extend the period of suspension or revocation by an additional
  262  period for up to 1 year.
  263         3.If the minor is ineligible by reason of age for a driver
  264  license or driving privilege, the court may direct the
  265  Department of Highway Safety and Motor Vehicles to withhold
  266  issuance of the minor’s driver license or driving privilege for
  267  up to 1 year after the date on which the minor would otherwise
  268  have become eligible.
  269         (b)For a second or subsequent offense:
  270         1.If the minor is eligible by reason of age for a driver
  271  license or driving privilege, the court may direct the
  272  Department of Highway Safety and Motor Vehicles to revoke or to
  273  withhold issuance of the minor’s driver license or driving
  274  privilege for up to 2 years.
  275         2.If the minor’s driver license or driving privilege is
  276  under suspension or revocation for any reason, the court may
  277  direct the Department of Highway Safety and Motor Vehicles to
  278  extend the period of suspension or revocation by an additional
  279  period for up to 2 years.
  280         3.If the minor is ineligible by reason of age for a driver
  281  license or driving privilege, the court may direct the
  282  Department of Highway Safety and Motor Vehicles to withhold
  283  issuance of the minor’s driver license or driving privilege for
  284  up to 2 years after the date on which the minor would otherwise
  285  have become eligible.
  286         Section 3. Paragraph (d) of subsection (1) of section
  287  985.101, Florida Statutes, is amended to read:
  288         985.101 Taking a child into custody.—
  289         (1) A child may be taken into custody under the following
  290  circumstances:
  291         (d) By a law enforcement officer who has probable cause to
  292  believe that the child is in violation of the conditions of the
  293  child’s probation, supervised release detention, postcommitment
  294  probation, or conditional release supervision; has absconded
  295  from nonresidential commitment; or has escaped from residential
  296  commitment.
  297  
  298  Nothing in this subsection shall be construed to allow the
  299  detention of a child who does not meet the detention criteria in
  300  part V.
  301         Section 4. Section 985.12, Florida Statutes, is amended to
  302  read:
  303         985.12 Prearrest delinquency Civil citation or similar
  304  prearrest diversion programs.—
  305         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  306  that the creation and implementation of delinquency civil
  307  citation or similar prearrest diversion programs at the judicial
  308  circuit level promotes public safety, aids interagency
  309  cooperation, and provides the greatest chance of success for
  310  delinquency civil citation and similar prearrest diversion
  311  programs. The Legislature further finds that the widespread use
  312  of delinquency civil citation and similar prearrest diversion
  313  programs has a positive effect on the criminal justice system by
  314  immediately holding youth accountable for their actions and
  315  contributes to an overall reduction in the crime rate and
  316  recidivism in the state. The Legislature encourages but does not
  317  mandate that counties, municipalities, and public or private
  318  educational institutions participate in a delinquency civil
  319  citation or similar prearrest diversion program created by their
  320  judicial circuit under this section.
  321         (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
  322  PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
  323  OPERATION.—
  324         (a) A delinquency civil citation or similar prearrest
  325  diversion program for misdemeanor offenses shall be established
  326  in each judicial circuit in the state. The state attorney and
  327  public defender of each circuit, the clerk of the court for each
  328  county in the circuit, and representatives of participating law
  329  enforcement agencies in the circuit shall create a delinquency
  330  civil citation or similar prearrest diversion program and
  331  develop its policies and procedures. In developing the program’s
  332  policies and procedures, input from other interested
  333  stakeholders may be solicited. The department shall annually
  334  develop and provide guidelines on best practice models for
  335  delinquency civil citation or similar prearrest diversion
  336  programs to the judicial circuits as a resource.
  337         (b) Each judicial circuit’s delinquency civil citation or
  338  similar prearrest diversion program must specify all of the
  339  following:
  340         1. The misdemeanor offenses that qualify a juvenile for
  341  participation in the program. Offenses involving the use or
  342  possession of a firearm are not eligible for delinquency
  343  citation.;
  344         2. The eligibility criteria for the program.;
  345         3. The program’s implementation and operation.;
  346         4. The program’s requirements, including, but not limited
  347  to, the completion of community service hours, payment of
  348  restitution, if applicable, classes established by the
  349  department or the delinquency citation entity, and intervention
  350  services indicated by a needs assessment of the juvenile,
  351  approved by the department, such as family counseling,
  352  urinalysis monitoring, and substance abuse and mental health
  353  treatment services.; and
  354         5. A program fee, if any, to be paid by a juvenile
  355  participating in the program. If the program imposes a fee, the
  356  clerk of the court of the applicable county must receive a
  357  reasonable portion of the fee.
  358         (c) The state attorney of each circuit shall operate a
  359  delinquency civil citation or similar prearrest diversion
  360  program in each circuit. A sheriff, police department, county,
  361  municipality, locally authorized entity, or public or private
  362  educational institution may continue to operate an independent
  363  delinquency civil citation or similar prearrest diversion
  364  program that is in operation as of October 1, 2018, if the
  365  independent program is reviewed by the state attorney of the
  366  applicable circuit and he or she determines that the independent
  367  program is substantially similar to the delinquency civil
  368  citation or similar prearrest diversion program developed by the
  369  circuit. If the state attorney determines that the independent
  370  program is not substantially similar to the delinquency civil
  371  citation or similar prearrest diversion program developed by the
  372  circuit, the operator of the independent diversion program may
  373  revise the program and the state attorney may conduct an
  374  additional review of the independent program. A civil citation
  375  or similar prearrest diversion program existing before July 1,
  376  2024, shall be deemed a delinquency citation program authorized
  377  by this section if the civil citation or similar prearrest
  378  diversion program has been approved by the state attorney of the
  379  circuit in which it operates and it complies with the
  380  requirements in paragraph (2)(b).
  381         (d)A judicial circuit may model an existing sheriff’s,
  382  police department’s, county’s, municipality’s, locally
  383  authorized entity’s, or public or private educational
  384  institution’s independent civil citation or similar prearrest
  385  diversion program in developing the civil citation or similar
  386  prearrest diversion program for the circuit.
  387         (d)(e) If a juvenile does not successfully complete the
  388  delinquency civil citation or similar prearrest diversion
  389  program, the arresting law enforcement officer shall determine
  390  if there is good cause to arrest the juvenile for the original
  391  misdemeanor offense and refer the case to the state attorney to
  392  determine if prosecution is appropriate or allow the juvenile to
  393  continue in the program.
  394         (e)(f) Each delinquency civil citation or similar prearrest
  395  diversion program shall enter the appropriate youth data into
  396  the Juvenile Justice Information System Prevention Web within 7
  397  days after the admission of the youth into the program.
  398         (f)(g) At the conclusion of a juvenile’s delinquency civil
  399  citation or similar prearrest diversion program, the state
  400  attorney or operator of the independent program shall report the
  401  outcome to the department. The issuance of a delinquency civil
  402  citation or similar prearrest diversion program notice is not
  403  considered a referral to the department.
  404         (g)(h) Upon issuing a delinquency civil citation or similar
  405  prearrest diversion program notice, the law enforcement officer
  406  shall send a copy of the delinquency civil citation or similar
  407  prearrest diversion program notice to the parent or guardian of
  408  the child and to the victim.
  409         Section 5. Section 985.125, Florida Statutes, is amended to
  410  read:
  411         985.125 Prearrest or Postarrest diversion programs.—
  412         (1) A law enforcement agency or school district, in
  413  cooperation with the state attorney, may establish a prearrest
  414  or postarrest diversion program.
  415         (2) As part of the prearrest or postarrest diversion
  416  program, a child who is alleged to have committed a delinquent
  417  act may be required to surrender his or her driver license, or
  418  refrain from applying for a driver license, for not more than 90
  419  days. If the child fails to comply with the requirements of the
  420  program, the state attorney may notify the Department of Highway
  421  Safety and Motor Vehicles in writing to suspend the child’s
  422  driver license for a period that may not exceed 90 days.
  423         Section 6. Subsections (5) and (6) of section 985.126,
  424  Florida Statutes, are renumbered as subsections (6) and (7),
  425  respectively, subsections (3) and (4) of that section are
  426  amended, and a new subsection (5) is added to that section, to
  427  read:
  428         985.126 Diversion programs; data collection; denial of
  429  participation or expunged record.—
  430         (3)(a) Beginning October 1, 2018, Each diversion program
  431  shall submit data to the department which identifies for each
  432  minor participating in the diversion program:
  433         1. The race, ethnicity, gender, and age of that minor.
  434         2. The offense committed, including the specific law
  435  establishing the offense.
  436         3. The judicial circuit and county in which the offense was
  437  committed and the law enforcement agency that had contact with
  438  the minor for the offense.
  439         4. Other demographic information necessary to properly
  440  register a case into the Juvenile Justice Information System
  441  Prevention Web, as specified by the department.
  442         (b) Beginning October 1, 2018, Each law enforcement agency
  443  shall submit to the department data for every youth charged for
  444  the first time, who is charged with a misdemeanor, and who was
  445  that identifies for each minor who was eligible for a diversion
  446  program, but was instead referred to the department, provided a
  447  notice to appear, or arrested:
  448         1. The data required pursuant to paragraph (a).
  449         2. Whether the minor was offered the opportunity to
  450  participate in a diversion program. If the minor was:
  451         a. Not offered such opportunity, the reason such offer was
  452  not made.
  453         b. Offered such opportunity, whether the minor or his or
  454  her parent or legal guardian declined to participate in the
  455  diversion program.
  456         (c) The data required pursuant to paragraph (a) shall be
  457  entered into the Juvenile Justice Information System Prevention
  458  Web within 7 days after the youth’s admission into the program.
  459         (d) The data required pursuant to paragraph (b) shall be
  460  submitted on or with the arrest affidavit or notice to appear.
  461         (4) Beginning January 1, 2019, The department shall compile
  462  and semiannually publish the data required by subsection (3) on
  463  the department’s website in a format that is, at a minimum,
  464  sortable by judicial circuit, county, law enforcement agency,
  465  race, ethnicity, gender, age, and offense committed.
  466         (5)The department shall provide a quarterly report to be
  467  published on its website and distributed to the Governor,
  468  President of the Senate, and Speaker of the House of
  469  Representatives listing the entities that use delinquency
  470  citations for less than 70 percent of first-time misdemeanor
  471  offenses.
  472         Section 7. Subsection (4) of section 985.245, Florida
  473  Statutes, is amended to read:
  474         985.245 Risk assessment instrument.—
  475         (4) For a child who is under the supervision of the
  476  department through probation, supervised release detention,
  477  conditional release, postcommitment probation, or commitment and
  478  who is charged with committing a new offense, the risk
  479  assessment instrument may be completed and scored based on the
  480  underlying charge for which the child was placed under the
  481  supervision of the department.
  482         Section 8. Subsection (1) of section 985.25, Florida
  483  Statutes, is amended to read:
  484         985.25 Detention intake.—
  485         (1) The department shall receive custody of a child who has
  486  been taken into custody from the law enforcement agency or court
  487  and shall review the facts in the law enforcement report or
  488  probable cause affidavit and make such further inquiry as may be
  489  necessary to determine whether detention care is appropriate.
  490         (a) During the period of time from the taking of the child
  491  into custody to the date of the detention hearing, the initial
  492  decision as to the child’s placement into detention care shall
  493  be made by the department under ss. 985.24 and 985.245(1).
  494         (b) The department shall base the decision whether to place
  495  the child into detention care on an assessment of risk in
  496  accordance with the risk assessment instrument and procedures
  497  developed by the department under s. 985.245, except that a
  498  child shall be placed in secure detention care until the child’s
  499  detention hearing if the child meets the criteria specified in
  500  s. 985.255(1)(f), is charged with possessing or discharging a
  501  firearm on school property in violation of s. 790.115, or is
  502  charged with any other offense involving the possession or use
  503  of a firearm.
  504         (c) If the final score on the child’s risk assessment
  505  instrument indicates detention care is appropriate, but the
  506  department otherwise determines the child should be released,
  507  the department shall contact the state attorney, who may
  508  authorize release.
  509         (d) If the final score on the risk assessment instrument
  510  indicates detention is not appropriate, the child may be
  511  released by the department in accordance with ss. 985.115 and
  512  985.13.
  513         (e)Notwithstanding any other provision of law, a youth who
  514  is arrested for violating the terms of his or her electronic
  515  monitoring supervision or his or her supervised release shall be
  516  placed in secure detention until a detention hearing.
  517         (f)Notwithstanding any other provision of law, a child on
  518  probation for an underlying felony firearm offense as defined in
  519  chapter 790 and who is taken into custody under s. 985.101 for
  520  violating conditions of probation not involving a new law
  521  violation shall be held in secure detention to allow the state
  522  attorney to review the violation. If, within 21 days, the state
  523  attorney notifies the court that commitment will be sought, then
  524  the child shall remain in secure detention pending proceedings
  525  under s. 985.439 until the initial 21-day period of secure
  526  detention has expired. Upon motion of the state attorney, the
  527  child may be held for an additional 21-day period if the court
  528  finds that the totality of the circumstances, including the
  529  preservation of public safety, warrants such extension. Any
  530  release from secure detention shall result in the child being
  531  held on supervised release with electronic monitoring pending
  532  proceedings under s. 985.439.
  533  
  534  Under no circumstances shall the department or the state
  535  attorney or law enforcement officer authorize the detention of
  536  any child in a jail or other facility intended or used for the
  537  detention of adults, without an order of the court.
  538         Section 9. Paragraph (a) of subsection (1) and subsection
  539  (3) of section 985.255, Florida Statutes, are amended, and
  540  paragraphs (g) and (h) are added to subsection (1) of that
  541  section, to read:
  542         985.255 Detention criteria; detention hearing.—
  543         (1) Subject to s. 985.25(1), a child taken into custody and
  544  placed into detention care shall be given a hearing within 24
  545  hours after being taken into custody. At the hearing, the court
  546  may order a continued detention status if:
  547         (a) The result of the risk assessment instrument pursuant
  548  to s. 985.245 indicates secure or supervised release detention
  549  or the court makes the findings required under paragraph (3)(b).
  550         (g)The court finds probable cause at the detention hearing
  551  that the child committed one or more of the following offenses:
  552         1.Murder in the first degree under s. 782.04(1)(a).
  553         2.Murder in the second degree under s. 782.04(2).
  554         3.Armed robbery under s. 812.13(2)(a) that involves the
  555  use or possession of a firearm as defined in s. 790.001.
  556         4.Armed carjacking under s. 812.133(2)(a) that involves
  557  the use or possession of a firearm as defined in s. 790.001.
  558         5.Having a firearm while committing a felony under s.
  559  790.07(2).
  560         6.Armed burglary under s. 810.02(2)(b) that involves the
  561  use or possession of a firearm as defined in s. 790.001.
  562         7.Delinquent in possession of a firearm under s.
  563  790.23(1)(b).
  564         8.An attempt to commit any offense listed in this
  565  paragraph under s. 777.04.
  566         (h)For a child who meets the criteria in paragraph (g):
  567         1.There is a presumption that the child is a risk to
  568  public safety and danger to the community and such child must be
  569  held in secure detention prior to an adjudicatory hearing,
  570  unless the court enters a written order that the child would not
  571  pose a risk to public safety or a danger to the community if he
  572  or she were placed on supervised release detention care.
  573         2.The written order releasing a child from secure
  574  detention must be based on clear and convincing evidence of why
  575  the child does not present a risk to public safety or a danger
  576  to the community and must list the child’s prior adjudications,
  577  dispositions, and prior violations of pretrial release orders.
  578  The court releasing a child from secure detention under this
  579  subparagraph shall place the child on supervised release
  580  detention care with electronic monitoring until the child’s
  581  adjudicatory hearing.
  582         3.If an adjudicatory hearing has not taken place after 60
  583  days of secure detention for a child held in secure detention
  584  under this paragraph, the court must prioritize the efficient
  585  disposition of cases and hold a review hearing within each
  586  successive 7-day review period until the adjudicatory hearing or
  587  the child is placed on supervised release with electronic
  588  monitoring under subparagraph 2.
  589         4.If the court, under this section, releases a child to
  590  supervised release detention care, the court must provide a copy
  591  of the written notice to the victim, to the law enforcement
  592  agency that arrested the child, and to the law enforcement
  593  agency with primary jurisdiction over the child’s primary
  594  residence.
  595         (3)(a) The purpose of the detention hearing required under
  596  subsection (1) is to determine the existence of probable cause
  597  that the child has committed the delinquent act or violation of
  598  law that he or she is charged with and the need for continued
  599  detention. The court shall consider use the results of the risk
  600  assessment performed by the department and, based on the
  601  criteria in subsection (1), shall determine the need for
  602  continued detention. If the child is a prolific juvenile
  603  offender who is detained under s. 985.26(2)(c), the court shall
  604  consider use the results of the risk assessment performed by the
  605  department and the criteria in subsection (1) or subsection (2)
  606  only to determine whether the prolific juvenile offender should
  607  be held in secure detention.
  608         (b) If The court may order orders a placement more or less
  609  restrictive than indicated by the results of the risk assessment
  610  instrument, and, if the court does so, shall state, in writing,
  611  clear and convincing reasons for such placement.
  612         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
  613  child is placed into detention care, or into a respite home or
  614  other placement pursuant to a court order following a hearing,
  615  the court order must include specific instructions that direct
  616  the release of the child from such placement no later than 5
  617  p.m. on the last day of the detention period specified in s.
  618  985.26 or s. 985.27, whichever is applicable, unless the
  619  requirements of such applicable provision have been met or an
  620  order of continuance has been granted under s. 985.26(4). If the
  621  court order does not include a release date, the release date
  622  shall be requested from the court on the same date that the
  623  child is placed in detention care. If a subsequent hearing is
  624  needed to provide additional information to the court for safety
  625  planning, the initial order placing the child in detention care
  626  shall reflect the next detention review hearing, which shall be
  627  held within 3 calendar days after the child’s initial detention
  628  placement.
  629         Section 10. Paragraph (b) of subsection (2) of section
  630  985.26, Florida Statutes, is amended to read:
  631         985.26 Length of detention.—
  632         (2)
  633         (b) The court may order the child to be held in secure
  634  detention beyond 21 days based on the nature of the charge under
  635  the following circumstances:
  636         1. Upon good cause being shown that the nature of the
  637  charge requires additional time for the prosecution or defense
  638  of the case or that the totality of the circumstances, including
  639  the preservation of public safety, warrants an extension, the
  640  court may extend the length of secure detention care for up to
  641  an additional 21 days if the child is charged with an offense
  642  which, if committed by an adult, would be a capital felony, a
  643  life felony, a felony of the first degree or the second degree,
  644  a felony of the third degree involving violence against any
  645  individual, or any other offense involving the possession or use
  646  of a firearm. Except as otherwise provided for certain offenses
  647  and as set forth in subparagraph 2., the court may continue to
  648  extend the period of secure detention care in increments of up
  649  to 21 days each by conducting a hearing before the expiration of
  650  the current period to determine the need for continued secure
  651  detention of the child. At the hearing, the court must make the
  652  required findings in writing to extend the period of secure
  653  detention. If the court extends the time period for secure
  654  detention care, it shall ensure an adjudicatory hearing for the
  655  case commences as soon as is reasonably possible considering the
  656  totality of the circumstances. The court shall prioritize the
  657  efficient disposition of cases in which the child has served 60
  658  or more days in secure detention care.
  659         2.Any child held in secure detention under s.
  660  985.255(1)(g).
  661         a.There is a presumption that the child is a risk to
  662  public safety and danger to the community and such child must be
  663  held in secure detention prior to an adjudicatory hearing,
  664  unless the court enters a written order that the child would not
  665  pose a risk to public safety or a danger to the community if he
  666  or she were placed on supervised release detention care.
  667         b.The written order releasing a child from secure
  668  detention must be based on clear and convincing evidence of why
  669  the child does not present a risk to public safety or a danger
  670  to the community and must list the child’s prior adjudications,
  671  dispositions and prior violations of pretrial release orders.
  672  The court releasing a child from secure detention under this
  673  subparagraph shall place the child on supervised release
  674  detention care with electronic monitoring until the child’s
  675  adjudicatory hearing.
  676         c.If an adjudicatory hearing has not taken place after 60
  677  days of secure detention for a child held in secure detention
  678  under this paragraph, the court must hold a review hearing
  679  within each successive 7-day review period until the
  680  adjudicatory hearing or the child is placed on supervised
  681  release with electronic monitoring under sub-subparagraph b.
  682         d.If the court, under this subparagraph, releases a child
  683  to supervised release detention care, the court must provide a
  684  copy of the written notice to the victim, the law enforcement
  685  agency that arrested the child, and the law enforcement agency
  686  with primary jurisdiction over the child’s primary residence.
  687         Section 11. Paragraph (d) is added to subsection (7) of
  688  section 985.433, Florida Statutes, and subsections (8) and (9)
  689  of that section are amended, to read:
  690         985.433 Disposition hearings in delinquency cases.—When a
  691  child has been found to have committed a delinquent act, the
  692  following procedures shall be applicable to the disposition of
  693  the case:
  694         (7) If the court determines that the child should be
  695  adjudicated as having committed a delinquent act and should be
  696  committed to the department, such determination shall be in
  697  writing or on the record of the hearing. The determination shall
  698  include a specific finding of the reasons for the decision to
  699  adjudicate and to commit the child to the department, including
  700  any determination that the child was a member of a criminal
  701  gang.
  702         (d)Any child adjudicated by the court and committed to the
  703  department under a restrictiveness level defined in s.
  704  985.03(44) for any offense or attempted offense involving a
  705  firearm must be placed on conditional release, as defined in s.
  706  985.03, for a period of 1 year after release from the commitment
  707  program. Such term of conditional release shall include
  708  electronic monitoring of the child by the department for the
  709  initial 6 months at times and under terms and conditions set by
  710  the department.
  711         (8) If the court determines not to adjudicate and commit to
  712  the department, then the court shall determine what community
  713  based sanctions it will impose in a probation program for the
  714  child. Community-based sanctions may include, but are not
  715  limited to, participation in substance abuse treatment, a day
  716  treatment probation program, restitution in money or in kind, a
  717  curfew, revocation or suspension of the driver license of the
  718  child, community service, and appropriate educational programs
  719  as determined by the district school board.
  720         (a)Where a child is found to have committed an offense
  721  that involves the use or possession of a firearm, as defined in
  722  s. 790.001, other than a violation of s. 790.22(3), or is found
  723  to have committed an offense during the commission of which the
  724  child possessed a firearm, and the court has decided not to
  725  commit the child to a residential program, the court shall
  726  order, in addition to any other punishment provided by law:
  727         1.For a first offense, a child shall:
  728         a.Serve a period of detention of 30 days in a secure
  729  detention facility, with credit for time served in secure
  730  detention prior to disposition.
  731         b.Perform 100 hours of community service or paid work as
  732  determined by the department.
  733         c.Be placed on probation for a period of at least 1 year.
  734  Such term of probation shall include electronic monitoring of
  735  the child by the department at times and under terms and
  736  conditions set by the department.
  737         2.In addition to these penalties, the court may impose the
  738  following restrictions upon the child’s driving privileges:
  739         a.If the child is eligible by reason of age for a driver
  740  license or driving privilege, the court may direct the
  741  Department of Highway Safety and Motor Vehicles to revoke or to
  742  withhold issuance of the child’s driver license or driving
  743  privilege for up to 1 year.
  744         b.If the child’s driver license or driving privilege is
  745  under suspension or revocation for any reason, the court may
  746  direct the Department of Highway Safety and Motor Vehicles to
  747  extend the period of suspension or revocation by an additional
  748  period for up to 1 year.
  749         c.If the child is ineligible by reason of age for a driver
  750  license or driving privilege, the court may direct the
  751  Department of Highway Safety and Motor Vehicles to withhold
  752  issuance of the minor’s driver license or driving privilege for
  753  up to 1 year after the date on which the child would otherwise
  754  have become eligible.
  755  
  756  For the purposes of this paragraph, community service shall be
  757  performed, if possible, in a manner involving a hospital
  758  emergency room or other medical environment that deals on a
  759  regular basis with trauma patients and gunshot wounds.
  760         (b)A child who has previously had adjudication withheld
  761  for any of the following offenses shall not be eligible for a
  762  second or subsequent withhold of adjudication on a listed
  763  offense, and must be adjudicated delinquent and committed to a
  764  residential program:
  765         1.Armed robbery involving a firearm under s. 812.13(2)(a).
  766         2.Armed carjacking under s. 812.133(2)(a) involving the
  767  use or possession of a firearm as defined in s. 790.001.
  768         3.Having a firearm while committing a felony under s.
  769  790.07(2).
  770         4. Armed burglary under s. 810.02(2)(b) involving the use
  771  or possession of a firearm as defined in s. 790.001.
  772         5.Delinquent in possession of a firearm under s.
  773  790.23(1)(b).
  774         6.An attempt to commit any offense listed in this
  775  paragraph under s. 777.04.
  776         (9) After appropriate sanctions for the offense are
  777  determined, including any minimum sanctions required by this
  778  section, the court shall develop, approve, and order a plan of
  779  probation that will contain rules, requirements, conditions, and
  780  rehabilitative programs, including the option of a day-treatment
  781  probation program, that are designed to encourage responsible
  782  and acceptable behavior and to promote both the rehabilitation
  783  of the child and the protection of the community.
  784         Section 12. Subsections (1), (3), and (4) of section
  785  985.435, Florida Statutes, are amended to read:
  786         985.435 Probation and postcommitment probation; community
  787  service.—
  788         (1) The court that has jurisdiction over an adjudicated
  789  delinquent child may, by an order stating the facts upon which a
  790  determination of a sanction and rehabilitative program was made
  791  at the disposition hearing, place the child in a probation
  792  program or a postcommitment probation program. Such placement
  793  must be under the supervision of an authorized agent of the
  794  department or of any other person or agency specifically
  795  authorized and appointed by the court, whether in the child’s
  796  own home, in the home of a relative of the child, or in some
  797  other suitable place under such reasonable conditions as the
  798  court may direct.
  799         (3) A probation program must also include a rehabilitative
  800  program component such as a requirement of participation in
  801  substance abuse treatment or in a school or career and technical
  802  education program. The nonconsent of the child to treatment in a
  803  substance abuse treatment program in no way precludes the court
  804  from ordering such treatment. Upon the recommendation of the
  805  department at the time of disposition, or subsequent to
  806  disposition pursuant to the filing of a petition alleging a
  807  violation of the child’s conditions of postcommitment probation,
  808  the court may order the child to submit to random testing for
  809  the purpose of detecting and monitoring the use of alcohol or
  810  controlled substances.
  811         (4) A probation program must may also include an
  812  alternative consequence component to address instances in which
  813  a child is noncompliant with technical conditions of his or her
  814  probation but has not committed any new violations of law. The
  815  alternative consequence component must be aligned with the
  816  department’s graduated response matrix as described in s.
  817  985.438 Each judicial circuit shall develop, in consultation
  818  with judges, the state attorney, the public defender, the
  819  regional counsel, relevant law enforcement agencies, and the
  820  department, a written plan specifying the alternative
  821  consequence component which must be based upon the principle
  822  that sanctions must reflect the seriousness of the violation,
  823  the assessed criminogenic needs and risks of the child, the
  824  child’s age and maturity level, and how effective the sanction
  825  or incentive will be in moving the child to compliant behavior.
  826  The alternative consequence component is designed to provide
  827  swift and appropriate consequences or incentives to a child who
  828  is alleged to be noncompliant with or in violation of probation.
  829  If the probation program includes this component, specific
  830  consequences that apply to noncompliance with specific technical
  831  conditions of probation, as well as incentives used to move the
  832  child toward compliant behavior, must be detailed in the
  833  disposition order.
  834         Section 13. Section 985.438, Florida Statutes, is created
  835  to read:
  836         985.438Graduated response matrix.—
  837         (1)The department shall create and administer a statewide
  838  plan to hold youths accountable to the terms of their court
  839  ordered probation and the terms of their conditional release.
  840  The plan must be based upon the principle that sanctions must
  841  reflect the seriousness of the violation, provide immediate
  842  accountability for violations, the assessed criminogenic needs
  843  and risks of the child, and the child’s age and maturity level.
  844  The plan is designed to provide swift and appropriate
  845  consequences or incentives to a child who is alleged to be
  846  noncompliant with or in violation of probation.
  847         (2)The graduated response matrix shall outline sanctions
  848  for youth based on their risk to reoffend and shall include, but
  849  not be limited to:
  850         (a)Increased contacts.
  851         (b)Increased drug tests.
  852         (c)Curfew reductions.
  853         (d)Increased community service.
  854         (e)Additional evaluations.
  855         (f)Addition of electronic monitoring.
  856         (3)The graduated response matrix shall be adopted in rule
  857  by the department.
  858         Section 14. Section 985.439, Florida Statutes, is amended
  859  to read:
  860         985.439 Violation of probation or postcommitment
  861  probation.—
  862         (1)(a) This section is applicable when the court has
  863  jurisdiction over a child on probation or postcommitment
  864  probation, regardless of adjudication.
  865         (b) If the conditions of the probation program or the
  866  postcommitment probation program are violated, the department or
  867  the state attorney may bring the child before the court on a
  868  petition alleging a violation of the program. A child who
  869  violates the conditions of probation or postcommitment probation
  870  must be brought before the court if sanctions are sought.
  871         (c)Upon receiving notice of a violation of probation from
  872  the department, the state attorney must file the violation
  873  within 5 days or provide in writing to the department and the
  874  court a reason as to why he or she is not filing.
  875         (2) A child taken into custody under s. 985.101 for
  876  violating the conditions of probation shall be screened and
  877  detained or released based on his or her risk assessment
  878  instrument score.
  879         (3) If the child denies violating the conditions of
  880  probation or postcommitment probation, the court shall, upon the
  881  child’s request, appoint counsel to represent the child.
  882         (4) Upon the child’s admission, or if the court finds after
  883  a hearing that the child has violated the conditions of
  884  probation or postcommitment probation, the court shall enter an
  885  order revoking, modifying, or continuing probation or
  886  postcommitment probation. In each such case, the court shall
  887  enter a new disposition order and, in addition to the sanctions
  888  set forth in this section, may impose any sanction the court
  889  could have imposed at the original disposition hearing. If the
  890  child is found to have violated the conditions of probation or
  891  postcommitment probation, the court may:
  892         (a) Place the child in supervised release detention with
  893  electronic monitoring.
  894         (b) If the violation of probation is technical in nature
  895  and not a new violation of law, place the child in an
  896  alternative consequence program designed to provide swift and
  897  appropriate consequences to any further violations of probation.
  898         1.Alternative consequence programs shall be established,
  899  within existing resources, at the local level in coordination
  900  with law enforcement agencies, the chief judge of the circuit,
  901  the state attorney, and the public defender.
  902         2.Alternative consequence programs may be operated by an
  903  entity such as a law enforcement agency, the department, a
  904  juvenile assessment center, a county or municipality, or another
  905  entity selected by the department.
  906         3.Upon placing a child in an alternative consequence
  907  program, the court must approve specific consequences for
  908  specific violations of the conditions of probation.
  909         (c) Modify or continue the child’s probation program or
  910  postcommitment probation program.
  911         (d) Revoke probation or postcommitment probation and commit
  912  the child to the department.
  913         (e)Allow the department to place a youth on electronic
  914  monitoring for a violation of probation if it determines doing
  915  so will preserve and protect public safety.
  916         (5) Upon the recommendation of the department at the time
  917  of disposition, or subsequent to disposition pursuant to the
  918  filing of a petition alleging a violation of the child’s
  919  conditions of postcommitment probation, the court may order the
  920  child to submit to random testing for the purpose of detecting
  921  and monitoring the use of alcohol or controlled substances.
  922         Section 15. Subsection (5) is added to section 985.455,
  923  Florida Statutes, to read:
  924         985.455 Other dispositional issues.—
  925         (5)If the court orders revocation or suspension of a
  926  child’s driver license as part of a disposition, the court may,
  927  upon finding a compelling circumstance to warrant an exception,
  928  direct the Department of Highway Safety and Motor Vehicles to
  929  issue a license for driving privileges restricted to business or
  930  employment purposes only, as defined in s. 322.271.
  931         Section 16. Subsections (2), (3), and (5) of section
  932  985.46, Florida Statutes, are amended, and subsection (6) is
  933  added to that section, to read:
  934         985.46 Conditional release.—
  935         (2) It is the intent of the Legislature that:
  936         (a) Commitment programs include rehabilitative efforts on
  937  preparing committed juveniles for a successful release to the
  938  community.
  939         (b) Conditional release transition planning begins as early
  940  in the commitment process as possible.
  941         (c) Each juvenile committed to a residential commitment
  942  program shall receive conditional release services be assessed
  943  to determine the need for conditional release services upon
  944  release from the commitment program unless the youth is directly
  945  released by the court.
  946         (3) For juveniles referred or committed to the department,
  947  the function of the department may include, but shall not be
  948  limited to, supervising each juvenile on conditional release
  949  when assessing each juvenile placed in a residential commitment
  950  program to determine the need for conditional release services
  951  upon release from the program, supervising the juvenile when
  952  released into the community from a residential commitment
  953  facility of the department, providing such counseling and other
  954  services as may be necessary for the families and assisting
  955  their preparations for the return of the child. Subject to
  956  specific appropriation, the department shall provide for
  957  outpatient sexual offender counseling for any juvenile sexual
  958  offender released from a residential commitment program as a
  959  component of conditional release.
  960         (5)Conditional release supervision shall, at a minimum,
  961  contain the following conditions:
  962         (a)(5) Participation in the educational program by students
  963  of compulsory school attendance age pursuant to s. 1003.21(1)
  964  and (2)(a) is mandatory for juvenile justice youth on
  965  conditional release or postcommitment probation status. A
  966  student of noncompulsory school-attendance age who has not
  967  received a high school diploma or its equivalent must
  968  participate in an educational program or career and technical
  969  education course of study. A youth who has received a high
  970  school diploma or its equivalent and is not employed must
  971  participate in workforce development or other career or
  972  technical education or attend a community college or a
  973  university while in the program, subject to available funding.
  974         (b)A curfew.
  975         (c)A prohibition on contact with victims, co-defendants,
  976  or known gang members.
  977         (d)A prohibition on use of controlled substances.
  978         (e)A prohibition on possession of firearms.
  979         (6)A youth who violates the terms of his or her
  980  conditional release shall be assessed using the graduated
  981  response matrix as described in s. 985.438. A youth who fails to
  982  move into compliance shall be recommitted to a residential
  983  facility.
  984         Section 17. Paragraph (c) of subsection (1) of section
  985  985.48, Florida Statutes, is amended to read:
  986         985.48 Juvenile sexual offender commitment programs; sexual
  987  abuse intervention networks.—
  988         (1) In order to provide intensive treatment and
  989  psychological services to a juvenile sexual offender committed
  990  to the department, it is the intent of the Legislature to
  991  establish programs and strategies to effectively respond to
  992  juvenile sexual offenders. In designing programs for juvenile
  993  sexual offenders, it is the further intent of the Legislature to
  994  implement strategies that include:
  995         (c) Providing intensive postcommitment supervision of
  996  juvenile sexual offenders who are released into the community
  997  with terms and conditions which may include electronic
  998  monitoring of a juvenile sexual offender for the purpose of
  999  enhancing public safety.
 1000         Section 18. Paragraph (a) of subsection (6) of section
 1001  985.4815, Florida Statutes, is amended to read:
 1002         985.4815 Notification to Department of Law Enforcement of
 1003  information on juvenile sexual offenders.—
 1004         (6)(a) The information provided to the Department of Law
 1005  Enforcement must include the following:
 1006         1. The information obtained from the sexual offender under
 1007  subsection (4).
 1008         2. The sexual offender’s most current address and place of
 1009  permanent, temporary, or transient residence within the state or
 1010  out of state, and address, location or description, and dates of
 1011  any current or known future temporary residence within the state
 1012  or out of state, while the sexual offender is in the care or
 1013  custody or under the jurisdiction or supervision of the
 1014  department in this state, including the name of the county or
 1015  municipality in which the offender permanently or temporarily
 1016  resides, or has a transient residence, and address, location or
 1017  description, and dates of any current or known future temporary
 1018  residence within the state or out of state; and, if known, the
 1019  intended place of permanent, temporary, or transient residence,
 1020  and address, location or description, and dates of any current
 1021  or known future temporary residence within the state or out of
 1022  state upon satisfaction of all sanctions.
 1023         3. The legal status of the sexual offender and the
 1024  scheduled termination date of that legal status.
 1025         4. The location of, and local telephone number for, any
 1026  department office that is responsible for supervising the sexual
 1027  offender.
 1028         5. An indication of whether the victim of the offense that
 1029  resulted in the offender’s status as a sexual offender was a
 1030  minor.
 1031         6. The offense or offenses at adjudication and disposition
 1032  that resulted in the determination of the offender’s status as a
 1033  sex offender.
 1034         7. A digitized photograph of the sexual offender, which
 1035  must have been taken within 60 days before the offender was
 1036  released from the custody of the department or a private
 1037  correctional facility by expiration of sentence under s.
 1038  944.275, or within 60 days after the onset of the department’s
 1039  supervision of any sexual offender who is on probation,
 1040  postcommitment probation, residential commitment, nonresidential
 1041  commitment, licensed child-caring commitment, community control,
 1042  conditional release, parole, provisional release, or control
 1043  release or who is supervised by the department under the
 1044  Interstate Compact Agreement for Probationers and Parolees. If
 1045  the sexual offender is in the custody of a private correctional
 1046  facility, the facility shall take a digitized photograph of the
 1047  sexual offender within the time period provided in this
 1048  subparagraph and shall provide the photograph to the department.
 1049         Section 19. Subsection (11) of section 985.601, Florida
 1050  Statutes, is renumbered as subsection (12), and a new subsection
 1051  (11) is added to that section, to read:
 1052         985.601 Administering the juvenile justice continuum.—
 1053         (11)The department shall establish a class focused on the
 1054  risk and consequences of youthful firearm offending which shall
 1055  be provided by the department to any youth adjudicated or who
 1056  had adjudication withheld for any offense involving the use or
 1057  possession of a firearm.
 1058         Section 20. Section 985.711, Florida Statutes, is amended
 1059  to read:
 1060         985.711 Introduction, removal, or possession of certain
 1061  articles unlawful; penalty.—
 1062         (1)(a) Except as authorized through program policy or
 1063  operating procedure or as authorized by the facility
 1064  superintendent, program director, or manager, a person may not
 1065  introduce into or upon the grounds of a juvenile detention
 1066  facility or commitment program, or take or send, or attempt to
 1067  take or send, from a juvenile detention facility or commitment
 1068  program, any of the following articles, which are declared to be
 1069  contraband under this section:
 1070         1. Any unauthorized article of food or clothing given or
 1071  transmitted, or intended to be given or transmitted, to any
 1072  youth in a juvenile detention facility or commitment program.
 1073         2. Any intoxicating beverage or any beverage that causes or
 1074  may cause an intoxicating effect.
 1075         3. Any controlled substance as defined in s. 893.02(4),
 1076  marijuana as defined in s. 381.986, hemp as defined in s.
 1077  581.217, industrial hemp as defined in s. 1004.4473, or any
 1078  prescription or nonprescription drug that has a hypnotic,
 1079  stimulating, or depressing effect.
 1080         4. Any firearm or weapon of any kind or any explosive
 1081  substance.
 1082         5. Any cellular telephone or other portable communication
 1083  device as described in s. 944.47(1)(a)6., intentionally and
 1084  unlawfully introduced inside the secure perimeter of any
 1085  juvenile detention facility or commitment program. As used in
 1086  this subparagraph, the term “portable communication device” does
 1087  not include any device that has communication capabilities which
 1088  has been approved or issued by the facility superintendent,
 1089  program director, or manager.
 1090         6. Any vapor-generating electronic device as defined in s.
 1091  386.203, intentionally and unlawfully introduced inside the
 1092  secure perimeter of any juvenile detention facility or
 1093  commitment program.
 1094         7.Any currency or coin given or transmitted, or intended
 1095  to be given or transmitted, to any youth of any juvenile
 1096  detention facility or commitment program.
 1097         8.Any cigarettes, as defined in s. 210.01(1), or tobacco
 1098  products, as defined in s. 210.25, given, or intended to be
 1099  given, to any youth in a juvenile detention facility or
 1100  commitment program.
 1101         (b) A person may not transmit contraband to, cause
 1102  contraband to be transmitted to or received by, attempt to
 1103  transmit contraband to, or attempt to cause contraband to be
 1104  transmitted to or received by, a juvenile offender into or upon
 1105  the grounds of a juvenile detention facility or commitment
 1106  program, except as authorized through program policy or
 1107  operating procedures or as authorized by the facility
 1108  superintendent, program director, or manager.
 1109         (c) A juvenile offender or any person, while upon the
 1110  grounds of a juvenile detention facility or commitment program,
 1111  may not be in actual or constructive possession of any article
 1112  or thing declared to be contraband under this section, except as
 1113  authorized through program policy or operating procedures or as
 1114  authorized by the facility superintendent, program director, or
 1115  manager.
 1116         (2)(a)Any person who violates this section as it pertains
 1117  to an article of contraband described in subparagraph (1)(a)1.
 1118  commits a felony of the third degree, punishable as provided in
 1119  s. 775.082, s. 775.083, or s. 775.084.
 1120         (b)Any person who violates this section as it pertains to
 1121  an article of contraband described in subparagraph (1)(a)5. or
 1122  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
 1123  punishable as provided in s. 775.082 or s. 775.083.
 1124         (c)In all other cases, A person who violates this section
 1125  commits a felony of the second degree, punishable as provided in
 1126  s. 775.082, s. 775.083, or s. 775.084.
 1127         Section 21. Paragraph (c) of subsection (2) of section
 1128  1002.221, Florida Statutes, is amended to read:
 1129         1002.221 K-12 education records; public records exemption.—
 1130         (2)
 1131         (c) In accordance with the FERPA and the federal
 1132  regulations issued pursuant to the FERPA, an agency or
 1133  institution, as defined in s. 1002.22, may release a student’s
 1134  education records without written consent of the student or
 1135  parent to parties to an interagency agreement among the
 1136  Department of Juvenile Justice, the school, law enforcement
 1137  authorities, and other signatory agencies. Information provided
 1138  pursuant to an interagency agreement may be used for proceedings
 1139  initiated under chapter 984 or chapter 985 in furtherance of an
 1140  interagency agreement is intended solely for use in determining
 1141  the appropriate programs and services for each juvenile or the
 1142  juvenile’s family, or for coordinating the delivery of the
 1143  programs and services, and as such is inadmissible in any court
 1144  proceeding before a dispositional hearing unless written consent
 1145  is provided by a parent or other responsible adult on behalf of
 1146  the juvenile.
 1147         Section 22. Paragraph (b) of subsection (3) of section
 1148  943.051, Florida Statutes, is amended to read:
 1149         943.051 Criminal justice information; collection and
 1150  storage; fingerprinting.—
 1151         (3)
 1152         (b) A minor who is charged with or found to have committed
 1153  the following offenses shall be fingerprinted and the
 1154  fingerprints shall be submitted electronically to the
 1155  department, unless the minor is issued a delinquency civil
 1156  citation pursuant to s. 985.12:
 1157         1. Assault, as defined in s. 784.011.
 1158         2. Battery, as defined in s. 784.03.
 1159         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1160         4. Unlawful use of destructive devices or bombs, as defined
 1161  in s. 790.1615(1).
 1162         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1163         6. Assault or battery on a law enforcement officer, a
 1164  firefighter, or other specified officers, as defined in s.
 1165  784.07(2)(a) and (b).
 1166         7. Open carrying of a weapon, as defined in s. 790.053.
 1167         8. Exposure of sexual organs, as defined in s. 800.03.
 1168         9. Unlawful possession of a firearm, as defined in s.
 1169  790.22(5).
 1170         10. Petit theft, as defined in s. 812.014(3).
 1171         11. Cruelty to animals, as defined in s. 828.12(1).
 1172         12. Arson, as defined in s. 806.031(1).
 1173         13. Unlawful possession or discharge of a weapon or firearm
 1174  at a school-sponsored event or on school property, as provided
 1175  in s. 790.115.
 1176         Section 23. Paragraph (b) of subsection (1) of section
 1177  985.11, Florida Statutes, is amended to read:
 1178         985.11 Fingerprinting and photographing.—
 1179         (1)
 1180         (b) Unless the child is issued a delinquency civil citation
 1181  or is participating in a similar diversion program pursuant to
 1182  s. 985.12, a child who is charged with or found to have
 1183  committed one of the following offenses shall be fingerprinted,
 1184  and the fingerprints shall be submitted to the Department of Law
 1185  Enforcement as provided in s. 943.051(3)(b):
 1186         1. Assault, as defined in s. 784.011.
 1187         2. Battery, as defined in s. 784.03.
 1188         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1189         4. Unlawful use of destructive devices or bombs, as defined
 1190  in s. 790.1615(1).
 1191         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1192         6. Assault on a law enforcement officer, a firefighter, or
 1193  other specified officers, as defined in s. 784.07(2)(a).
 1194         7. Open carrying of a weapon, as defined in s. 790.053.
 1195         8. Exposure of sexual organs, as defined in s. 800.03.
 1196         9. Unlawful possession of a firearm, as defined in s.
 1197  790.22(5).
 1198         10. Petit theft, as defined in s. 812.014.
 1199         11. Cruelty to animals, as defined in s. 828.12(1).
 1200         12. Arson, resulting in bodily harm to a firefighter, as
 1201  defined in s. 806.031(1).
 1202         13. Unlawful possession or discharge of a weapon or firearm
 1203  at a school-sponsored event or on school property as defined in
 1204  s. 790.115.
 1205  
 1206  A law enforcement agency may fingerprint and photograph a child
 1207  taken into custody upon probable cause that such child has
 1208  committed any other violation of law, as the agency deems
 1209  appropriate. Such fingerprint records and photographs shall be
 1210  retained by the law enforcement agency in a separate file, and
 1211  these records and all copies thereof must be marked “Juvenile
 1212  Confidential.” These records are not available for public
 1213  disclosure and inspection under s. 119.07(1) except as provided
 1214  in ss. 943.053 and 985.04(2), but shall be available to other
 1215  law enforcement agencies, criminal justice agencies, state
 1216  attorneys, the courts, the child, the parents or legal
 1217  custodians of the child, their attorneys, and any other person
 1218  authorized by the court to have access to such records. In
 1219  addition, such records may be submitted to the Department of Law
 1220  Enforcement for inclusion in the state criminal history records
 1221  and used by criminal justice agencies for criminal justice
 1222  purposes. These records may, in the discretion of the court, be
 1223  open to inspection by anyone upon a showing of cause. The
 1224  fingerprint and photograph records shall be produced in the
 1225  court whenever directed by the court. Any photograph taken
 1226  pursuant to this section may be shown by a law enforcement
 1227  officer to any victim or witness of a crime for the purpose of
 1228  identifying the person who committed such crime.
 1229         Section 24. Paragraph (n) of subsection (2) of section
 1230  1006.07, Florida Statutes, is amended to read:
 1231         1006.07 District school board duties relating to student
 1232  discipline and school safety.—The district school board shall
 1233  provide for the proper accounting for all students, for the
 1234  attendance and control of students at school, and for proper
 1235  attention to health, safety, and other matters relating to the
 1236  welfare of students, including:
 1237         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1238  conduct for elementary schools and a code of student conduct for
 1239  middle and high schools and distribute the appropriate code to
 1240  all teachers, school personnel, students, and parents, at the
 1241  beginning of every school year. Each code shall be organized and
 1242  written in language that is understandable to students and
 1243  parents and shall be discussed at the beginning of every school
 1244  year in student classes, school advisory council meetings, and
 1245  parent and teacher association or organization meetings. Each
 1246  code shall be based on the rules governing student conduct and
 1247  discipline adopted by the district school board and shall be
 1248  made available in the student handbook or similar publication.
 1249  Each code shall include, but is not limited to:
 1250         (n) Criteria for recommending to law enforcement that a
 1251  student who commits a criminal offense be allowed to participate
 1252  in a prearrest delinquency citation civil citation or similar
 1253  prearrest diversion program as an alternative to expulsion or
 1254  arrest. All prearrest delinquency citation civil citation or
 1255  similar prearrest diversion programs must comply with s. 985.12.
 1256         Section 25. This act shall take effect July 1, 2024.