Senate Bill 1324
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Florida Senate - 1999 SB 1324
By Senator Lee
23-706A-99 See HB
1 A bill to be entitled
2 An act relating to delinquent acts or criminal
3 offenses committed by juveniles; amending s.
4 90.610, F.S., relating to conviction of certain
5 crimes as impeachment; providing that certain
6 adjudications of delinquency are admissible
7 into evidence for impeachment purposes;
8 providing an exception; amending s. 921.0021,
9 F.S.; redefining the term "prior record" with
10 respect to specified provisions relating to
11 sentencing; providing for scoring as adult
12 offenses an offender's prior juvenile offenses
13 that would be crimes if committed by an adult;
14 amending s. 943.0515, F.S., relating to
15 retention of criminal history records of
16 minors; providing for a minor offender's
17 criminal history record of forcible or
18 nonforcible felonies to be merged and retained
19 as a part of the person's adult criminal
20 history record, under specified circumstances;
21 amending s. 985.03, F.S.; defining "violation
22 of supervision" with respect to specified
23 provisions relating to delinquency; amending s.
24 985.04, F.S., relating to oaths, records, and
25 confidential information; providing for public
26 disclosure of orders of disposition and
27 criminal history records showing juvenile
28 offenses charged and their resolution;
29 providing for a withholding of an adjudication
30 of delinquency or an adjudication of guilt to
31 be considered a conviction for certain purposes
1
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Florida Senate - 1999 SB 1324
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1 relating to disclosure of the records;
2 reenacting s. 985.31(4)(k), F.S., relating to
3 serious or habitual juvenile offenders, to
4 incorporate the amendment in a reference;
5 amending s. 985.05, F.S., relating to court
6 records; providing for nonapplicability of
7 certain recordkeeping requirements to
8 nonconfidential juvenile history records;
9 providing for admissibility in other civil or
10 criminal proceedings of certain court records
11 of juvenile proceedings; providing for merger
12 of a defendant's record of prior delinquent
13 acts with the defendant's adult record, under
14 specified circumstances; amending s. 985.201,
15 F.S.; conforming a cross-reference for purposes
16 of application to terms of certain restitution
17 orders; amending s. 985.21, F.S.; deleting an
18 authorization for a juvenile probation officer
19 to make certain recommendations to the state
20 attorney; clarifying certain contents of intake
21 reports; requiring the State Attorney and
22 Department of Juvenile Justice district
23 managers to enter into certain interagency
24 agreements for certain purposes; amending s.
25 985.211, F.S., relating to release or delivery
26 from custody; providing for reference to
27 violation of supervision in certain written
28 reports or probable cause affidavits; amending
29 s. 985.225, F.S.; requiring transfer of certain
30 felony cases relating to certain children to
31 adult court for prosecution as an adult;
2
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Florida Senate - 1999 SB 1324
23-706A-99 See HB
1 providing for application of certain penalties
2 in certain felony cases under certain
3 circumstances; amending s. 985.226, F.S.,
4 relating to criteria for discretionary waiver
5 and mandatory waiver of juvenile court
6 jurisdiction; providing for the state attorney
7 to file a motion requesting the court to
8 transfer a child of at least 14 years of age
9 for criminal prosecution, under specified
10 circumstances; providing for exceptions;
11 requiring transfer of certain felony cases
12 relating to certain children to adult court for
13 prosecution as an adult; providing for
14 application of certain penalties in certain
15 felony cases under certain circumstances;
16 amending s. 985.227, F.S., relating to
17 discretionary direct-file criteria and
18 mandatory direct-file criteria; permitting the
19 filing of an information when a child was 14 or
20 15 years of age at the time the child attempted
21 to commit any one of specified offenses;
22 revising the list of specified offenses to
23 include certain additional offenses; requiring
24 the state attorney to file an information for
25 certain illegal acts when the child committing
26 the act is at least 16 years of age and has a
27 specified history of delinquent acts; revising
28 duties of the court and guidelines for transfer
29 of cases pertaining to the child when a child
30 is transferred for adult prosecution; providing
31 for application of certain penalties in certain
3
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Florida Senate - 1999 SB 1324
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1 felony cases; removing the requirement for
2 annual updating by the state attorney of
3 direct-file policies and guidelines; providing
4 that the information filed pursuant to
5 specified provisions may include all charges
6 that are based on the same act, criminal
7 episode, or transaction as the primary offense;
8 amending s. 985.228, F.S.; specifying
9 disqualification for possessing a firearm until
10 a certain age for persons adjudicated
11 delinquent for certain felony offenses;
12 amending s. 790.23, F.S.; limiting a
13 prohibition against possession of firearms or
14 weapons by certain persons under certain
15 circumstances; amending s. 985.231, F.S.;
16 excluding aftercare from certain disposition
17 provisions; revising powers of disposition in
18 delinquency cases; conforming references;
19 providing for exceptions to conform to changes
20 made by the act; amending s. 985.233, F.S.,
21 relating to sentencing powers, procedures, and
22 dispositional alternatives for juveniles
23 prosecuted as adults; revising sentencing
24 alternatives in cases when a child is
25 prosecuted on indictment and in other cases;
26 providing that a court may withhold
27 adjudication of guilt and place the child on
28 probation or community control to be supervised
29 by the Department of Juvenile Justice, under
30 specified circumstances; providing for
31 completion of a residential program under the
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1 Department of Juvenile Justice as a special
2 condition of the probation or community
3 control; authorizing a judge in adult court to
4 access the juvenile commitment programs for
5 sentencing purposes; prohibiting imposition of
6 certain sentencing alternatives and juvenile
7 sanctions and prohibiting withholding of
8 adjudication as an adult when the state
9 attorney's motion to transfer and certify the
10 child for prosection as an adult is granted
11 under specified provisions; revising guidelines
12 for sentencing to juvenile sanctions; providing
13 duties of the Department of Juvenile Justice
14 and the court under conditions of offender
15 violation of commitment or supervision;
16 providing for arrest and hearing; providing for
17 imposition of adult sentencing under certain
18 circumstances; providing for the scope of
19 certain sanctions and a return of custody to
20 the sentencing court under certain
21 circumstances; removing the requirement that
22 the court stay adjudication of guilt when the
23 child is sentenced to juvenile sanctions under
24 specified provisions; removing provisions that
25 the adjudication of delinquency shall not be
26 deemed to be a conviction or operate to impose
27 civil disabilities resulting from a conviction;
28 removing the prohibition against the imposition
29 of a combination of juvenile and adult
30 sanctions; reenacting s. 985.225(3), F.S.,
31 relating to indictment of a juvenile, and s.
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Florida Senate - 1999 SB 1324
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1 985.31(3)(k), F.S., relating to serious or
2 habitual juvenile offenders, to incorporate the
3 amendment in references; amending s. 985.309,
4 F.S., relating to criteria for placement of a
5 child in a boot camp program; providing for
6 boot camp placement in connection with a
7 juvenile disposition of a child at least 14
8 years of age who has not entered a plea of
9 guilty or nolo contendere to, or been
10 adjudicated of, a capital felony, life felony,
11 or violent felony of the first degree;
12 providing for early-intervention boot camp
13 placement of a child at least 12 years of age
14 under specified circumstances; providing for
15 certain minimum periods of participation in
16 aftercare; authorizing operation of an
17 early-intervention boot camp program by the
18 Department of Juvenile Justice or by a county
19 or municipality; providing purpose of program;
20 providing criteria for disqualification from
21 participation in the early-intervention boot
22 camp program; reenacting s. 985.231(1)(j),
23 F.S., relating to powers of disposition in
24 delinquency cases, s. 985.31(3)(i), F.S.,
25 relating to serious or habitual juvenile
26 offenders, s. 985.311(3)(i), F.S., relating to
27 intensive residential treatment programs for
28 offenders less than 13 years of age, and s.
29 985.314(1)(a), F.S., relating to commitment
30 programs for juvenile felony offenders, to
31 incorporate the amendment in references;
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Florida Senate - 1999 SB 1324
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1 amending s. 985.404, F.S., relating to
2 administration of the juvenile justice
3 continuum; specifying factors to be considered
4 in the report ranking commitment programs;
5 providing for measuring the recidivism rate for
6 certain programs; amending s. 985.219, F.S.;
7 providing for assessing an additional civil
8 penalty against parents, legal guardians, or
9 adult relatives under certain circumstances;
10 repealing s. 985.218(6), F.S., relating to
11 adjudicatory hearings for children committing
12 delinquent acts or violations of law; amending
13 s. 985.02, F.S.; revising legislative intent
14 with respect to repeat and violent juvenile
15 offenders; amending s. 985.313, F.S.;
16 redesignating maximum-risk residential programs
17 as juvenile prisons; providing that a juvenile
18 may be committed to such a facility if
19 adjudicated on certain additional offenses;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 90.610, Florida Statutes, is
25 amended to read:
26 90.610 Conviction of certain crimes or adjudication of
27 delinquency as impeachment.--
28 (1) A party may attack the credibility of any witness,
29 including an accused, by evidence that the witness has been
30 convicted of a crime if the crime was punishable by death or
31 imprisonment in excess of 1 year under the law under which the
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Florida Senate - 1999 SB 1324
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1 witness was convicted, or if the crime involved dishonesty or
2 a false statement regardless of the punishment. However, with
3 the following exceptions:
4 (a) evidence of any such conviction is inadmissible in
5 a civil trial if it is so remote in time as to have no bearing
6 on the present character of the witness.
7 (b) Evidence of juvenile adjudications are
8 inadmissible under this subsection.
9 (2) A party may attack the credibility of any witness,
10 including an accused, by evidence of an adjudication of
11 delinquency for an act that would be punishable by death or
12 imprisonment in excess of 1 year if the act were committed by
13 an adult under the law under which the witness was adjudicated
14 delinquent, or if the delinquent act involved dishonesty or a
15 false statement regardless of punishment. However, evidence of
16 any such adjudication of delinquency is inadmissible to
17 impeach a person 24 years of age or older.
18 (3)(2) The pendency of an appeal or the granting of a
19 pardon relating to such crime or delinquent act does not
20 render evidence of the conviction or adjudication of
21 delinquency from which the appeal was taken or for which the
22 pardon was granted inadmissible. Evidence of the pendency of
23 the appeal is admissible.
24 (4)(3) Nothing in this section affects the
25 admissibility of evidence under s. 90.404 or s. 90.608.
26 Section 2. Subsection (5) of section 921.0021, Florida
27 Statutes, 1998 Supplement, is amended to read:
28 921.0021 Definitions.--As used in this chapter, for
29 any felony offense, except any capital felony, committed on or
30 after October 1, 1998, the term:
31
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1 (5) "Prior record" means a conviction for a crime
2 committed by the offender, as an adult or a juvenile, prior to
3 the time of the primary offense. Convictions by federal,
4 out-of-state, military, or foreign courts, and convictions for
5 violations of county or municipal ordinances that incorporate
6 by reference a penalty under state law, are included in the
7 offender's prior record. Convictions for offenses committed
8 by the offender more than 10 years before the primary offense
9 are not included in the offender's prior record if the
10 offender has not been convicted of any other crime for a
11 period of 10 consecutive years from the most recent date of
12 release from confinement, supervision, or sanction, whichever
13 is later, to the date of the primary offense. All of an
14 offender's prior juvenile history of acts that would be crimes
15 if committed by an adult shall be scored and considered to the
16 same extent as offenses committed by an adult. For the
17 purposes of this subsection, a withholding of adjudication of
18 delinquency or a withholding of adjudication of guilt shall be
19 considered a conviction Juvenile dispositions of offenses
20 committed by the offender within 3 years before the primary
21 offense are included in the offender's prior record when the
22 offense would have been a crime had the offender been an adult
23 rather than a juvenile. Juvenile dispositions of sexual
24 offenses committed by the offender which were committed 3
25 years or more before the primary offense are included in the
26 offender's prior record if the offender has not maintained a
27 conviction-free record, either as an adult or a juvenile, for
28 a period of 3 consecutive years from the most recent date of
29 release from confinement, supervision, or sanction, whichever
30 is later, to the date of the primary offense.
31
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Florida Senate - 1999 SB 1324
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1 Section 3. Subsection (2) of section 943.0515, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 943.0515 Retention of criminal history records of
4 minors.--
5 (2)(a) If a person is convicted or has adjudication
6 withheld for a 18 years of age or older is charged with or
7 convicted of a forcible felony and the person's criminal
8 history record as a minor has not yet been destroyed, the
9 person's record as a minor must be merged with the person's
10 adult criminal history record and must be retained as a part
11 of the person's adult record.
12 (b) If, at any time, a minor is adjudicated as an
13 adult for a forcible felony, the minor's criminal history
14 record prior to the time of the minor's adjudication as an
15 adult must be merged with his or her record as an adjudicated
16 adult.
17 Section 4. Present subsection (59) of section 985.03,
18 Florida Statutes, 1998 Supplement, is renumbered as subsection
19 (60) and new subsection (59) is added to that section to read:
20 985.03 Definitions.--When used in this chapter, the
21 term:
22 (59) "Violation of supervision" means a violation of
23 community control or a violation of any other sanction that is
24 imposed as a result of a disposition of a delinquent act,
25 including, but not limited to, furlough, aftercare, or any
26 violation occurring during home detention or home visits.
27 Section 5. Subsection (3) of section 985.04, Florida
28 Statutes, 1998 Supplement, is amended, and subsection (9) is
29 added to that section, to read:
30 985.04 Oaths; records; confidential information.--
31
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Florida Senate - 1999 SB 1324
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1 (3)(a) Except as provided in subsections (2), (4),
2 (5), and (6), and (9) and s. 943.053, all information obtained
3 under this part in the discharge of official duty by any
4 judge, any employee of the court, any authorized agent of the
5 Department of Juvenile Justice, the Parole Commission, the
6 Juvenile Justice Advisory Board, the Department of
7 Corrections, the district juvenile justice boards, any law
8 enforcement agent, or any licensed professional or licensed
9 community agency representative participating in the
10 assessment or treatment of a juvenile is confidential and may
11 be disclosed only to the authorized personnel of the court,
12 the Department of Juvenile Justice and its designees, the
13 Department of Corrections, the Parole Commission, the Juvenile
14 Justice Advisory Board, law enforcement agents, school
15 superintendents and their designees, any licensed professional
16 or licensed community agency representative participating in
17 the assessment or treatment of a juvenile, and others entitled
18 under this chapter to receive that information, or upon order
19 of the court. Within each county, the sheriff, the chiefs of
20 police, the district school superintendent, and the department
21 shall enter into an interagency agreement for the purpose of
22 sharing information about juvenile offenders among all
23 parties. The agreement must specify the conditions under which
24 summary criminal history information is to be made available
25 to appropriate school personnel, and the conditions under
26 which school records are to be made available to appropriate
27 department personnel. Such agreement shall require
28 notification to any classroom teacher of assignment to the
29 teacher's classroom of a juvenile who has been placed in a
30 community control or commitment program for a felony offense.
31 The agencies entering into such agreement must comply with s.
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Florida Senate - 1999 SB 1324
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1 943.0525, and must maintain the confidentiality of information
2 that is otherwise exempt from s. 119.07(1), as provided by
3 law.
4 (b) The department shall disclose to the school
5 superintendent the presence of any child in the care and
6 custody or under the jurisdiction or supervision of the
7 department who has a known history of sexual behavior with
8 other juveniles; is an alleged juvenile sex offender, as
9 defined in s. 415.50165; or has pled guilty or nolo contendere
10 to, or has been found to have committed, a violation of
11 chapter 794, chapter 796, chapter 800, s. 827.071, or s.
12 847.0133, regardless of adjudication. Any employee of a
13 district school board who knowingly and willfully discloses
14 such information to an unauthorized person commits a
15 misdemeanor of the second degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 (9) Notwithstanding any other provision to the
18 contrary, orders of disposition and criminal history records
19 showing juvenile offenses charged, and how such offenses were
20 resolved, are public records and are not confidential.
21 Section 6. For the purpose of incorporating the
22 amendment to s. 985.04, Florida Statutes, 1998 Supplement, in
23 a reference thereto, paragraph (k) of subsection (4) of
24 section 985.31, Florida Statutes, 1998 Supplement, is
25 reenacted to read:
26 985.31 Serious or habitual juvenile offender.--
27 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
28 (k) Assessment and treatment records are confidential
29 as described in this paragraph and exempt from the provisions
30 of s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution.
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1 1. The department shall have full access to the
2 assessment and treatment records to ensure coordination of
3 services to the child.
4 2. The principles of confidentiality of records as
5 provided in s. 985.04 shall apply to the assessment and
6 treatment records of serious or habitual juvenile offenders.
7 Section 7. Subsection (1) of section 985.05, Florida
8 Statutes, is amended, and paragraph (f) is added to subsection
9 (4) of that section, to read:
10 985.05 Court records.--
11 (1) The clerk of the court shall make and keep records
12 of all cases brought before it pursuant to this part. The
13 court shall preserve the records pertaining to a child charged
14 with committing a delinquent act or violation of law until the
15 child reaches 24 years of age or reaches 26 years of age if he
16 or she is a serious or habitual delinquent child, until 5
17 years after the last entry was made, or until 3 years after
18 the death of the child, whichever is earlier, and may then
19 destroy them, except that records made of traffic offenses in
20 which there is no allegation of delinquency may be destroyed
21 as soon as this can be reasonably accomplished. If a defendant
22 is sentenced for a felony committed before reaching 24 years
23 of age, the clerk shall merge any juvenile criminal history
24 records of such person, showing juvenile offenses charged and
25 how such offenses were resolved, with his or her adult record.
26 Records merged pursuant to this section are not confidential.
27 The court shall make official records of all petitions and
28 orders filed in a case arising pursuant to this part and of
29 any other pleadings, certificates, proofs of publication,
30 summonses, warrants, and writs that are filed pursuant to the
31 case.
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1 (4) A court record of proceedings under this part is
2 not admissible in evidence in any other civil or criminal
3 proceeding, except that:
4 (f) Records that are not confidential as provided in
5 s. 985.04(9) are admissible to the same extent that records of
6 offenses committed by adults are admissible.
7 Section 8. Paragraph (c) of subsection (4) of section
8 985.201, Florida Statutes, is amended to read:
9 985.201 Jurisdiction.--
10 (4)
11 (c) The court may retain jurisdiction over a child and
12 the child's parent or legal guardian whom the court has
13 ordered to pay restitution until the restitution order is
14 satisfied or until the court orders otherwise. If the court
15 retains such jurisdiction after the date upon which the
16 court's jurisdiction would cease under this section, it shall
17 do so solely for the purpose of enforcing the restitution
18 order. The terms of the restitution order are subject to the
19 provisions of s. 775.089(5)(6).
20 Section 9. Subsection (4) of section 985.21, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 985.21 Intake and case management.--
23 (4) The juvenile probation officer shall make a
24 preliminary determination as to whether the report, affidavit,
25 or complaint is complete, consulting with the state attorney
26 as may be necessary. In any case where the juvenile probation
27 officer or the state attorney finds that the report,
28 affidavit, or complaint is insufficient by the standards for a
29 probable cause affidavit, the juvenile probation officer or
30 state attorney shall return the report, affidavit, or
31 complaint, without delay, to the person or agency originating
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1 the report, affidavit, or complaint or having knowledge of the
2 facts or to the appropriate law enforcement agency having
3 investigative jurisdiction of the offense, and shall request,
4 and the person or agency shall promptly furnish, additional
5 information in order to comply with the standards for a
6 probable cause affidavit.
7 (a) The juvenile probation officer, upon determining
8 that the report, affidavit, or complaint is complete, may, in
9 the case of a child who is alleged to have committed a
10 delinquent act or violation of law, recommend that the state
11 attorney file a petition of delinquency or an information or
12 seek an indictment by the grand jury. However, such a
13 recommendation is not a prerequisite for any action taken by
14 the state attorney.
15 (a)(b) The juvenile probation officer, upon
16 determining that the report, affidavit, or complaint is
17 complete, pursuant to uniform procedures established by the
18 department, shall:
19 1. When indicated by the preliminary screening,
20 provide for a comprehensive assessment of the child and family
21 for substance abuse problems, using community-based licensed
22 programs with clinical expertise and experience in the
23 assessment of substance abuse problems.
24 2. When indicated by the preliminary screening,
25 provide for a comprehensive assessment of the child and family
26 for mental health problems, using community-based
27 psychologists, psychiatrists, or other licensed mental health
28 professionals with clinical expertise and experience in the
29 assessment of mental health problems.
30
31
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1 When indicated by the comprehensive assessment, the department
2 is authorized to contract within appropriated funds for
3 services with a local nonprofit community mental health or
4 substance abuse agency licensed or authorized under chapter
5 394, or chapter 397, or other authorized nonprofit social
6 service agency providing related services. The determination
7 of mental health or substance abuse services shall be
8 conducted in coordination with existing programs providing
9 mental health or substance abuse services in conjunction with
10 the intake office. Client information resulting from the
11 screening and evaluation shall be documented pursuant to rules
12 established by the department and shall serve to assist the
13 juvenile probation officer in providing the most appropriate
14 services and recommendations in the least intrusive manner.
15 Such client information shall be used in the multidisciplinary
16 assessment and classification of the child, but such
17 information, and any information obtained directly or
18 indirectly through the assessment process, is inadmissible in
19 court prior to the disposition hearing, unless the child's
20 written consent is obtained. At the disposition hearing,
21 documented client information shall serve to assist the court
22 in making the most appropriate custody, adjudicatory, and
23 dispositional decision. If the screening and assessment
24 indicate that the interest of the child and the public will be
25 best served thereby, the juvenile probation officer, with the
26 approval of the state attorney, may refer the child for care,
27 diagnostic and evaluation services, substance abuse treatment
28 services, mental health services, retardation services, a
29 diversionary or arbitration or mediation program, community
30 service work, or other programs or treatment services
31 voluntarily accepted by the child and the child's parents or
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1 legal guardians. The victim, if any, and the law enforcement
2 agency which investigated the offense shall be notified
3 immediately by the state attorney of the action taken under
4 this paragraph. Whenever a child volunteers to participate in
5 any work program under this chapter or volunteers to work in a
6 specified state, county, municipal, or community service
7 organization supervised work program or to work for the
8 victim, the child shall be considered an employee of the state
9 for the purposes of liability. In determining the child's
10 average weekly wage, unless otherwise determined by a specific
11 funding program, all remuneration received from the employer
12 is considered a gratuity, and the child is not entitled to any
13 benefits otherwise payable under s. 440.15, regardless of
14 whether the child may be receiving wages and remuneration from
15 other employment with another employer and regardless of the
16 child's future wage-earning capacity.
17 (b)(c) The juvenile probation officer, upon
18 determining that the report, affidavit, or complaint complies
19 with the standards of a probable cause affidavit and that the
20 interest of the child and the public will be best served, may
21 recommend that a delinquency petition not be filed. If such a
22 recommendation is made, the juvenile probation officer shall
23 advise in writing the person or agency making the report,
24 affidavit, or complaint, the victim, if any, and the law
25 enforcement agency having investigative jurisdiction of the
26 offense of the recommendation and the reasons therefor; and
27 that the person or agency may submit, within 10 days after the
28 receipt of such notice, the report, affidavit, or complaint to
29 the state attorney for special review. The state attorney,
30 upon receiving a request for special review, shall consider
31 the facts presented by the report, affidavit, or complaint,
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1 and by the juvenile probation officer who made the
2 recommendation that no petition be filed, before making a
3 final decision as to whether a petition or information should
4 or should not be filed.
5 (c)(d) In all cases in which the child is alleged to
6 have committed a violation of law or delinquent act and is not
7 detained, the juvenile probation officer shall submit a
8 written report to the state attorney, including the original
9 report, complaint, or affidavit, or a copy thereof, including
10 a copy of the child's prior juvenile record, within 20 days
11 after the date the child is taken into custody. In cases in
12 which the child is in detention, the intake office report must
13 be submitted within 24 hours after the child is placed into
14 detention. The intake office report may include a
15 recommendation must recommend either that a petition or
16 information be filed or that no petition or information be
17 filed, and may must set forth reasons for the recommendation.
18 The State Attorney and the Department of Juvenile Justice
19 district manager in each district shall enter into an
20 interagency agreement denoting the cases that will require a
21 recommendation and those for which a recommendation is
22 unnecessary.
23 (d)(e) The state attorney may in all cases take action
24 independent of the action or lack of action of the juvenile
25 probation officer, and shall determine the action which is in
26 the best interest of the public and the child. If the child
27 meets the criteria requiring prosecution as an adult pursuant
28 to s. 985.226, the state attorney shall request the court to
29 transfer and certify the child for prosecution as an adult or
30 shall provide written reasons to the court for not making such
31 request. In all other cases, the state attorney may:
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1 1. File a petition for dependency;
2 2. File a petition pursuant to chapter 984;
3 3. File a petition for delinquency;
4 4. File a petition for delinquency with a motion to
5 transfer and certify the child for prosecution as an adult;
6 5. File an information pursuant to s. 985.227;
7 6. Refer the case to a grand jury;
8 7. Refer the child to a diversionary, pretrial
9 intervention, arbitration, or mediation program, or to some
10 other treatment or care program if such program commitment is
11 voluntarily accepted by the child or the child's parents or
12 legal guardians; or
13 8. Decline to file.
14 (e)(f) In cases in which a delinquency report,
15 affidavit, or complaint is filed by a law enforcement agency
16 and the state attorney determines not to file a petition, the
17 state attorney shall advise the clerk of the circuit court in
18 writing that no petition will be filed thereon.
19 Section 10. Paragraph (b) of subsection (4) of section
20 985.211, Florida Statutes, 1998 Supplement, is amended to
21 read:
22 985.211 Release or delivery from custody.--
23 (4) A person taking a child into custody who
24 determines, pursuant to s. 985.215, that the child should be
25 detained or released to a shelter designated by the
26 department, shall make a reasonable effort to immediately
27 notify the parent, guardian, or legal custodian of the child
28 and shall, without unreasonable delay, deliver the child to
29 the appropriate juvenile probation officer or, if the court
30 has so ordered pursuant to s. 985.215, to a detention center
31 or facility. Upon delivery of the child, the person taking the
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1 child into custody shall make a written report or probable
2 cause affidavit to the appropriate juvenile probation officer.
3 Such written report or probable cause affidavit must:
4 (b) Establish that the child was legally taken into
5 custody, with sufficient information to establish the
6 jurisdiction of the court and to make a prima facie showing
7 that the child has committed a violation of law or a violation
8 of supervision.
9 Section 11. Subsection (4) of section 985.225, Florida
10 Statutes, is amended to read:
11 985.225 Indictment of a juvenile.--
12 (4)(a) Once a child has been indicted pursuant to this
13 subsection and has been found to have committed any offense
14 for which he or she was indicted as a part of the criminal
15 episode, the child shall be handled thereafter in every
16 respect as if an adult for any subsequent violation of state
17 law, unless the court imposes juvenile sanctions under s.
18 985.233.
19 (b) When a child has been indicted pursuant to this
20 subsection the court shall immediately transfer and certify to
21 the adult court all felony cases pertaining to the child, for
22 prosecution of the child as an adult, which have not yet
23 resulted in a plea of guilty or nolo contendere or in which a
24 finding of guilt has not been made. If the child is acquitted
25 of all charged offenses or lesser included offenses contained
26 in the indictment case, all felony cases that were transferred
27 to adult court pursuant to this paragraph shall be subject to
28 the same penalties such cases were subject to before being
29 transferred to adult court.
30 Section 12. Subsection (6) of section 985.218, Florida
31 Statutes, 1998 Supplement, is repealed.
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1 Section 13. Subsections (2) and (4) of section
2 985.226, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 985.226 Criteria for waiver of juvenile court
5 jurisdiction; hearing on motion to transfer for prosecution as
6 an adult.--
7 (2) INVOLUNTARY WAIVER.--
8 (a) Discretionary involuntary waiver.--Except as
9 provided in paragraph (b), the state attorney may file a
10 motion requesting the court to transfer the child for criminal
11 prosecution if the child was 14 years of age or older at the
12 time the alleged delinquent act or violation of law was
13 committed.
14 (b) Mandatory waiver.--
15 1. If the child was 14 years of age or older at the
16 time the alleged delinquent act or violation of law was
17 committed, and if the child has been previously adjudicated
18 delinquent for an act classified as a felony, which
19 adjudication was for the commission of, attempt to commit, or
20 conspiracy to commit murder, sexual battery, armed or
21 strong-armed robbery, carjacking, home-invasion robbery,
22 aggravated battery, or aggravated assault, or burglary with an
23 assault or battery, and the child is currently charged with a
24 second or subsequent violent crime against a person; or, the
25 state attorney shall file a motion requesting the court to
26 transfer and certify the juvenile for prosecution as an adult,
27 or proceed pursuant to s. 985.227(1).
28 2.(b) Mandatory involuntary waiver.--If the child was
29 14 years of age or older at the time of commission of a fourth
30 or subsequent alleged felony offense and the child was
31 previously adjudicated delinquent or had adjudication withheld
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1 for or was found to have committed, or to have attempted or
2 conspired to commit, three offenses that are felony offenses
3 if committed by an adult, and one or more of such felony
4 offenses involved the use or possession of a firearm or
5 violence against a person;,
6
7 the state attorney shall request the court to transfer and
8 certify the child for prosecution as an adult or shall provide
9 written reasons to the court for not making such request, or
10 proceed pursuant to s. 985.227(1). Upon the state attorney's
11 request, the court shall either enter an order transferring
12 the case and certifying the case for trial as if the child
13 were an adult or provide written reasons for not issuing such
14 an order.
15 (4) EFFECT OF ORDER WAIVING JURISDICTION.--
16 (a) If the court finds, after a waiver hearing under
17 subsection (3), that a juvenile who was 14 years of age or
18 older at the time the alleged violation of state law was
19 committed should be charged and tried as an adult, the court
20 shall enter an order transferring the case and certifying the
21 case for trial as if the child were an adult. The child shall
22 thereafter be subject to prosecution, trial, and sentencing as
23 if the child were an adult but subject to the provisions of s.
24 985.233. Once a child has been transferred for criminal
25 prosecution pursuant to an involuntary waiver hearing and has
26 been found to have committed the presenting offense or a
27 lesser included offense, the child shall thereafter be handled
28 in every respect as an adult for any subsequent violation of
29 state law, unless the court imposes juvenile sanctions under
30 s. 985.233.
31
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1 (b) When a child is transferred for criminal
2 prosecution as an adult, the court shall immediately transfer
3 and certify to the adult court all felony cases pertaining to
4 the child, for prosecution of the child as an adult, which
5 have not yet resulted in a plea of guilty or nolo contendere
6 or in which a finding of guilt has not been made. If the child
7 is acquitted of all charged offenses or lesser included
8 offenses contained in the original case transferred to adult
9 court, all felony cases that were transferred to adult court
10 pursuant to this paragraph shall be subject to the same
11 penalties such cases were subject to before being transferred
12 to adult court.
13 Section 14. Subsections (1), (2), (3), and (4) of
14 section 985.227, Florida Statutes, are amended, and subsection
15 (5) is added to that section, to read:
16 985.227 Prosecution of juveniles as adults by the
17 direct filing of an information in the criminal division of
18 the circuit court; discretionary criteria; mandatory
19 criteria.--
20 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
21 (a) With respect to any child who was 14 or 15 years
22 of age at the time the alleged offense was committed, the
23 state attorney may file an information when in the state
24 attorney's judgment and discretion the public interest
25 requires that adult sanctions be considered or imposed and
26 when the offense charged is for the commission of, attempt to
27 commit, or conspiracy to commit:
28 1. Arson;
29 2. Sexual battery;
30 3. Robbery;
31 4. Kidnapping;
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1 5. Aggravated child abuse;
2 6. Aggravated assault;
3 7. Aggravated stalking;
4 8. Murder;
5 9. Manslaughter;
6 10. Unlawful throwing, placing, or discharging of a
7 destructive device or bomb;
8 11. Armed burglary in violation of s. 810.02(2)(b) or
9 specified burglary of a dwelling or structure in violation of
10 s. 810.02(2)(c), or burglary with an assault or battery in
11 violation of s. 810.02(2)(a);
12 12. Aggravated battery;
13 13. Lewd or lascivious assault or act in the presence
14 of a child;
15 14. Carrying, displaying, using, threatening, or
16 attempting to use a weapon or firearm during the commission of
17 a felony; or
18 15. Grand theft in violation of s. 812.014(2)(a);.
19 16. Home invasion robbery; or
20 17. Carjacking.
21 (b) Except as provided in subsection (2), with respect
22 to any child who was 16 or 17 years of age at the time the
23 alleged offense was committed, the state attorney may file an
24 information when in the state attorney's judgment and
25 discretion the public interest requires that adult sanctions
26 be considered or imposed. Except as provided in subsection (2)
27 However, the state attorney may not file an information on a
28 child charged with a misdemeanor, unless the child has had at
29 least two previous adjudications or adjudications withheld for
30 delinquent acts, one of which involved an offense classified
31 as a felony under state law.
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1 (2) MANDATORY DIRECT FILE.--
2 (a) With respect to any child who was 16 or 17 years
3 of age at the time the alleged offense was committed, the
4 state attorney shall file an information if the child has been
5 previously adjudicated delinquent for an act classified as a
6 felony, which adjudication was for the commission of, attempt
7 to commit, or conspiracy to commit murder, sexual battery,
8 armed or strong-armed robbery, carjacking, home-invasion
9 robbery, aggravated battery, or aggravated assault, and the
10 child is currently charged with a second or subsequent violent
11 crime against a person.
12 (b) The state attorney must file an information
13 charging a person as an adult for an offense committed by any
14 child if the child was 16 years of age or older at the time of
15 the offense and the offense would be a misdemeanor or a felony
16 if committed by an adult, and either:
17 1. The child has received adjudications of
18 delinquency, or adjudications of delinquency have been
19 withheld for the child, for three acts that would be felonies
20 if committed by an adult; or
21 2. The child has received adjudications of
22 delinquency, or adjudications of delinquency have been
23 withheld for the child, for six acts that would be either
24 felonies or misdemeanors if committed by an adult.
25
26 However, an act shall not be counted as an additional act
27 under this paragraph if it occurred within 45 days of another
28 act that is counted towards the maximum number of offenses
29 under this paragraph which a juvenile may commit before adult
30 sanctions must be imposed. Multiple counts within a case shall
31 be considered one offense for the purposes of this paragraph
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1 Notwithstanding subsection (1), regardless of the child's age
2 at the time the alleged offense was committed, the state
3 attorney must file an information with respect to any child
4 who previously has been adjudicated for offenses which, if
5 committed by an adult, would be felonies and such
6 adjudications occurred at three or more separate delinquency
7 adjudicatory hearings, and three of which resulted in
8 residential commitments as defined in s. 985.03(45).
9 (c) The state attorney must file an information if a
10 child, regardless of the child's age at the time the alleged
11 offense was committed, is alleged to have committed an act
12 that would be a violation of law if the child were an adult,
13 that involves stealing a motor vehicle, including, but not
14 limited to, a violation of s. 812.133, relating to carjacking,
15 or s. 812.014(2)(c)6., relating to grand theft of a motor
16 vehicle, and while the child was in possession of the stolen
17 motor vehicle the child caused serious bodily injury to or the
18 death of a person who was not involved in the underlying
19 offense. For purposes of this section, the driver and all
20 willing passengers in the stolen motor vehicle at the time
21 such serious bodily injury or death is inflicted shall also be
22 subject to mandatory transfer to adult court. "Stolen motor
23 vehicle," for the purposes of this section, means a motor
24 vehicle that has been the subject of any criminal wrongful
25 taking. For purposes of this section, "willing passengers"
26 means all willing passengers who have participated in the
27 underlying offense.
28 (3) EFFECT OF DIRECT FILE.--
29 (a) Once a child has been transferred for criminal
30 prosecution pursuant to an information and has been found to
31 have committed the presenting offense or a lesser included
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1 offense, the child shall be handled thereafter in every
2 respect as if an adult for any subsequent violation of state
3 law, unless the court imposes juvenile sanctions under s.
4 985.233.
5 (b) When a child is transferred for criminal
6 prosecution as an adult, the court shall immediately transfer
7 and certify to the adult appropriate court all felony
8 preadjudicatory cases pertaining to the child, for prosecution
9 of the child as an adult, which have not yet resulted in a
10 plea of guilty or nolo contendere or in which a finding of
11 guilt has not been made. If a child is acquitted of all
12 charged offenses or lesser included offenses contained in the
13 original case transferred to adult court, all felony cases
14 that were transferred to adult court as a result of this
15 paragraph shall be subject to the same penalties to which such
16 cases would have been subject before being transferred to
17 adult court that pertain to that child which are pending in
18 juvenile court, including, but not limited to, all cases
19 involving offenses that occur or are referred between the date
20 of transfer and sentencing in adult court and all outstanding
21 juvenile disposition orders. The juvenile court shall make
22 every effort to dispose of all predispositional cases and
23 transfer those cases to the adult court prior to adult
24 sentencing. It is the intent of the Legislature to require all
25 cases occurring prior to the sentencing hearing in adult court
26 to be handled by the adult court for final resolution with the
27 original transfer case.
28 (c) When a child has been transferred for criminal
29 prosecution as an adult and has been found to have committed a
30 violation of state law, the disposition of the case may be
31
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1 made under s. 985.233 and may include the enforcement of any
2 restitution ordered in any juvenile proceeding.
3 (4) DIRECT-FILE POLICIES AND GUIDELINES.--Each state
4 attorney shall develop and annually update written policies
5 and guidelines to govern determinations for filing an
6 information on a juvenile, to be submitted to the Executive
7 Office of the Governor, the President of the Senate, the
8 Speaker of the House of Representatives, and the Juvenile
9 Justice Advisory Board not later than January 1 of each year.
10 (5) An information filed pursuant to this section may
11 include all charges that are based on the same act, criminal
12 episode, or transaction as the primary offenses.
13 Section 15. Subsection (7) is added to section
14 985.228, Florida Statutes, to read:
15 985.228 Adjudicatory hearings; withheld adjudications;
16 orders of adjudication.--
17 (7) Notwithstanding any other provision of law, an
18 adjudication of delinquency for an offense classified as a
19 felony shall disqualify a person from lawfully possessing a
20 firearm until such person reaches 24 years of age.
21 Section 16. Subsection (1) of section 790.23, Florida
22 Statutes, 1998 Supplement, is amended to read:
23 790.23 Felons and delinquents; possession of firearms
24 or electric weapons or devices unlawful.--
25 (1) It is unlawful for any person to own or to have in
26 his or her care, custody, possession, or control any firearm
27 or electric weapon or device, or to carry a concealed weapon,
28 including a tear gas gun or chemical weapon or device, if that
29 person has been:
30
31
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1 (a) Convicted of a felony or found to have committed a
2 delinquent act that would be a felony if committed by an adult
3 in the courts of this state;
4 (b) Found, in the courts of this state, to have
5 committed a delinquent act that would be a felony if committed
6 by an adult and such person is under 24 years of age.
7 (c)(b) Convicted of or found to have committed a crime
8 against the United States which is designated as a felony;
9 (d)(c) Found to have committed a delinquent act in
10 another state, territory, or country that would be a felony if
11 committed by an adult and which was punishable by imprisonment
12 for a term exceeding 1 year and such person is under 24 years
13 of age; or
14 (e)(d) Found guilty of an offense that is a felony in
15 another state, territory, or country and which was punishable
16 by imprisonment for a term exceeding 1 year.
17 Section 17. Paragraph (a) of subsection (1) of section
18 985.231, Florida Statutes, 1998 Supplement, is amended to
19 read:
20 985.231 Powers of disposition in delinquency cases.--
21 (1)(a) The court that has jurisdiction of an
22 adjudicated delinquent child may, by an order stating the
23 facts upon which a determination of a sanction and
24 rehabilitative program was made at the disposition hearing:
25 1. Place the child in a community control program or
26 an aftercare program under the supervision of an authorized
27 agent of the Department of Juvenile Justice or of any other
28 person or agency specifically authorized and appointed by the
29 court, whether in the child's own home, in the home of a
30 relative of the child, or in some other suitable place under
31 such reasonable conditions as the court may direct. A
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1 community control program for an adjudicated delinquent child
2 must include a penalty component such as restitution in money
3 or in kind, community service, a curfew, revocation or
4 suspension of the driver's license of the child, or other
5 nonresidential punishment appropriate to the offense and must
6 also include a rehabilitative program component such as a
7 requirement of participation in substance abuse treatment or
8 in school or other educational program. Upon the
9 recommendation of the department at the time of disposition,
10 or subsequent to disposition pursuant to the filing of a
11 petition alleging a violation of the child's conditions of
12 community control or aftercare supervision, the court may
13 order the child to submit to random testing for the purpose of
14 detecting and monitoring the use of alcohol or controlled
15 substances.
16 a. A restrictiveness level classification scale for
17 levels of supervision shall be provided by the department,
18 taking into account the child's needs and risks relative to
19 community control supervision requirements to reasonably
20 ensure the public safety. Community control programs for
21 children shall be supervised by the department or by any other
22 person or agency specifically authorized by the court. These
23 programs must include, but are not limited to, structured or
24 restricted activities as described in this subparagraph, and
25 shall be designed to encourage the child toward acceptable and
26 functional social behavior. If supervision or a program of
27 community service is ordered by the court, the duration of
28 such supervision or program must be consistent with any
29 treatment and rehabilitation needs identified for the child
30 and may not exceed the term for which sentence could be
31 imposed if the child were committed for the offense, except
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1 that the duration of such supervision or program for an
2 offense that is a misdemeanor of the second degree, or is
3 equivalent to a misdemeanor of the second degree, may be for a
4 period not to exceed 6 months. When restitution is ordered by
5 the court, the amount of restitution may not exceed an amount
6 the child and the parent or guardian could reasonably be
7 expected to pay or make. A child who participates in any work
8 program under this part is considered an employee of the state
9 for purposes of liability, unless otherwise provided by law.
10 b. The court may conduct judicial review hearings for
11 a child placed on community control for the purpose of
12 fostering accountability to the judge and compliance with
13 other requirements, such as restitution and community service.
14 The court may allow early termination of community control for
15 a child who has substantially complied with the terms and
16 conditions of community control.
17 c. If the conditions of the community control program
18 or the aftercare program are violated, the agent supervising
19 the program as it relates to the child involved, or the state
20 attorney, may bring the child before the court on an affidavit
21 petition alleging a violation of the program. Any child who
22 violates the conditions of community control or aftercare must
23 be brought before the court if sanctions are sought. A child
24 taken into custody under s. 985.207 for violating the
25 conditions of community control or aftercare shall be held in
26 a consequence unit if such a unit is available. The child
27 shall be afforded a hearing within 24 hours after being taken
28 into custody to determine the existence of probable cause that
29 the child violated the conditions of community control or
30 aftercare. A consequence unit is a secure facility
31 specifically designated by the department for children who are
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1 taken into custody under s. 985.207 for violating community
2 control or aftercare, or who have been found by the court to
3 have violated the conditions of community control or
4 aftercare. If the violation involves a new charge of
5 delinquency, the child may be detained under s. 985.215 in a
6 facility other than a consequence unit. If the child is not
7 eligible for detention for the new charge of delinquency, the
8 child may be held in the consequence unit pending a hearing
9 and is subject to the time limitations specified in s.
10 985.215. If the child denies violating the conditions of
11 community control or aftercare, the court shall appoint
12 counsel to represent the child at the child's request. Upon
13 the child's admission, or if the court finds after a hearing
14 that the child has violated the conditions of community
15 control or aftercare, the court shall enter an order revoking,
16 modifying, or continuing community control or aftercare. In
17 each such case, the court shall enter a new disposition order
18 and, in addition to the sanctions set forth in this paragraph,
19 may impose any sanction the court could have imposed at the
20 original disposition hearing. If the child is found to have
21 violated the conditions of community control or aftercare, the
22 court may:
23 (I) Place the child in a consequence unit in that
24 judicial circuit, if available, for up to 5 days for a first
25 violation, and up to 15 days for a second or subsequent
26 violation.
27 (II) Place the child on home detention with electronic
28 monitoring. However, this sanction may be used only if a
29 residential consequence unit is not available.
30 (III) Modify or continue the child's community control
31 program or aftercare program.
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1 (IV) Revoke community control or aftercare and commit
2 the child to the department.
3 d. Notwithstanding s. 743.07 and paragraph (d), and
4 except as provided in s. 985.31, the term of any order placing
5 a child in a community control program must be until the
6 child's 19th birthday unless he or she is released by the
7 court, on the motion of an interested party or on its own
8 motion.
9 2. Commit the child to a licensed child-caring agency
10 willing to receive the child., but The court may not commit
11 the child to a jail or to a facility used primarily as a
12 detention center or facility or shelter.
13 3. Commit the child to the Department of Juvenile
14 Justice at a restrictiveness level defined in s. 985.03(45).
15 Such commitment must be for the purpose of exercising active
16 control over the child, including, but not limited to,
17 custody, care, training, urine monitoring, and treatment of
18 the child and furlough of the child into the community.
19 Notwithstanding s. 743.07 and paragraph (d), and except as
20 provided in s. 985.31, the term of the commitment must be
21 until the child is discharged by the department or until he or
22 she reaches the age of 21.
23 4. Revoke or suspend the driver's license of the
24 child.
25 5. Require the child and, if the court finds it
26 appropriate, the child's parent or guardian together with the
27 child, to render community service in a public service
28 program.
29 6. As part of the community control program to be
30 implemented by the Department of Juvenile Justice, or, in the
31 case of a committed child, as part of the community-based
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1 sanctions ordered by the court at the disposition hearing or
2 before the child's release from commitment, order the child to
3 make restitution in money, through a promissory note cosigned
4 by the child's parent or guardian, or in kind for any damage
5 or loss caused by the child's offense in a reasonable amount
6 or manner to be determined by the court. The clerk of the
7 circuit court shall be the receiving and dispensing agent. In
8 such case, the court shall order the child or the child's
9 parent or guardian to pay to the office of the clerk of the
10 circuit court an amount not to exceed the actual cost incurred
11 by the clerk as a result of receiving and dispensing
12 restitution payments. The clerk shall notify the court if
13 restitution is not made, and the court shall take any further
14 action that is necessary against the child or the child's
15 parent or guardian. A finding by the court, after a hearing,
16 that the parent or guardian has made diligent and good faith
17 efforts to prevent the child from engaging in delinquent acts
18 absolves the parent or guardian of liability for restitution
19 under this subparagraph.
20 7. Order the child and, if the court finds it
21 appropriate, the child's parent or guardian together with the
22 child, to participate in a community work project, either as
23 an alternative to monetary restitution or as part of the
24 rehabilitative or community control program.
25 8. Commit the child to the Department of Juvenile
26 Justice for placement in a program or facility for serious or
27 habitual juvenile offenders in accordance with s. 985.31. Any
28 commitment of a child to a program or facility for serious or
29 habitual juvenile offenders must be for an indeterminate
30 period of time, but the time may not exceed the maximum term
31 of imprisonment that an adult may serve for the same offense.
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1 The court may retain jurisdiction over such child until the
2 child reaches the age of 21, specifically for the purpose of
3 the child completing the program.
4 9. In addition to the sanctions imposed on the child,
5 order the parent or guardian of the child to perform community
6 service if the court finds that the parent or guardian did not
7 make a diligent and good faith effort to prevent the child
8 from engaging in delinquent acts. The court may also order the
9 parent or guardian to make restitution in money or in kind for
10 any damage or loss caused by the child's offense. The court
11 shall determine a reasonable amount or manner of restitution,
12 and payment shall be made to the clerk of the circuit court as
13 provided in subparagraph 6.
14 10. Subject to specific appropriation, commit the
15 juvenile sexual offender to the Department of Juvenile Justice
16 for placement in a program or facility for juvenile sexual
17 offenders in accordance with s. 985.308. Any commitment of a
18 juvenile sexual offender to a program or facility for juvenile
19 sexual offenders must be for an indeterminate period of time,
20 but the time may not exceed the maximum term of imprisonment
21 that an adult may serve for the same offense. The court may
22 retain jurisdiction over a juvenile sexual offender until the
23 juvenile sexual offender reaches the age of 21, specifically
24 for the purpose of completing the program.
25 Section 18. Subsection (4) of section 985.233, Florida
26 Statutes, is amended to read:
27 985.233 Sentencing powers; procedures; alternatives
28 for juveniles prosecuted as adults.--
29 (4) SENTENCING ALTERNATIVES.--
30 (a) Sentencing to adult sanctions.--
31
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1 1. Cases prosecuted on indictment.--If the child is
2 found to have committed the offense punishable by death or
3 life imprisonment, the child shall be sentenced as an adult.
4 If the juvenile is not found to have committed the indictable
5 offense but is found to have committed a lesser included
6 offense or any other offense for which he or she was indicted
7 as a part of the criminal episode, the court may sentence as
8 follows:
9 a. As an adult pursuant to this section;
10 b. By withholding adjudication of guilt as an adult
11 and committing the offender to a residential program with the
12 Department of Juvenile Justice. Such residential program must
13 be followed by aftercare, postcommitment community control, or
14 other supervision by the department or a provider under
15 contract with the department for a minimum of 1 year after the
16 conclusion of the residential program. The court shall order
17 appropriate conditions of supervision and commitment, and
18 violations of such conditions shall be prosecuted pursuant to
19 s. 985.233(4)(d). A judge in adult court shall have the
20 authority to access programs of the Department of Juvenile
21 Justice for purposes of sentencing a person pursuant to this
22 provision;
23 c.b. Pursuant to chapter 958, notwithstanding any
24 other provision of that chapter to the contrary; or
25 d.c. As a juvenile pursuant to this section.
26 2. Other cases.--If a child who has been transferred
27 for criminal prosecution pursuant to information or waiver of
28 juvenile court jurisdiction is found to have committed a
29 violation of state law or a lesser included offense for which
30 he or she was charged as a part of the criminal episode, the
31 court may sentence as follows:
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1 a. As an adult pursuant to this section;
2 b. By withholding adjudication of guilt as an adult
3 and committing the offender to a residential program with the
4 Department of Juvenile Justice. Such residential program must
5 be followed by aftercare, postcommitment community control, or
6 other supervision by the department or a provider under
7 contract with the department for a minimum of 1 year after the
8 conclusion of the residential program. The court shall order
9 appropriate conditions of supervision and commitment, and
10 violations of such conditions shall be prosecuted pursuant to
11 s. 985.233(4)(d). A judge in adult court shall have the
12 authority to access programs of the Department of Juvenile
13 Justice for purposes of sentencing a person pursuant to this
14 provision;
15 c.b. Pursuant to chapter 958, notwithstanding any
16 other provision of that chapter to the contrary; or
17 d.c. As a juvenile pursuant to this section.
18 3. Notwithstanding any other provision to the
19 contrary, if the state attorney is required to file a motion
20 to transfer and certify the juvenile for prosecution as an
21 adult pursuant to s. 985.226(2)(b) and that motion is granted,
22 or if the state attorney is required to file an information
23 pursuant to s. 985.227(2)(a) or (b), the court may not impose
24 juvenile sanctions or impose a sentence pursuant to
25 subparagraph 1.b. or subparagraph 2.b.
26 4.3. Any sentence imposing adult sanctions is presumed
27 appropriate, and the court is not required to set forth
28 specific findings or enumerate the criteria in this subsection
29 as any basis for its decision to impose adult sanctions.
30 5.4. When a child has been transferred for criminal
31 prosecution as an adult and has been found to have committed a
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1 violation of state law, the disposition of the case may
2 include the enforcement of any restitution ordered in any
3 juvenile proceeding.
4 (b) Sentencing to juvenile sanctions.--For juveniles
5 who are transferred to adult court but who do not qualify for
6 such transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a)
7 or (b), the court may impose juvenile sanctions under this
8 paragraph. The court shall In order to use this paragraph, the
9 court shall stay adjudication of guilt and instead shall
10 adjudge the child to have committed a delinquent act.
11 Adjudication of delinquency shall not be deemed a conviction,
12 nor shall it operate to impose any of the civil disabilities
13 ordinarily resulting from a conviction. The court shall impose
14 an adult sanction or a juvenile sanction and may not sentence
15 the child to a combination of adult and juvenile punishments.
16 An adult sanction or a juvenile sanction may include
17 enforcement of an order of restitution or community control
18 previously ordered in any juvenile proceeding. However, if the
19 court imposes a juvenile sanction and the department
20 determines that the sanction is unsuitable for the child, the
21 department shall return custody of the child to the sentencing
22 court for further proceedings, including the imposition of
23 adult sanctions. Upon adjudicating a child delinquent under
24 subsection (1), the court may:
25 1. Place the child in a community control program
26 under the supervision of the department for an indeterminate
27 period of time until the child reaches the age of 19 years or
28 sooner if discharged by order of the court.
29 2. Commit the child to the department for treatment in
30 an appropriate program for children for an indeterminate
31 period of time until the child is 21 or sooner if discharged
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1 by the department. The department shall notify the court of
2 its intent to discharge no later than 14 days prior to
3 discharge. Failure of the court to timely respond to the
4 department's notice shall be considered approval for
5 discharge.
6 3. Order disposition pursuant to s. 985.231 as an
7 alternative to youthful offender or adult sentencing if the
8 court determines not to impose youthful offender or adult
9 sanctions.
10 (c) Imposition of adult sanctions upon failure of
11 juvenile sanctions.--If a child proves not to be suitable to a
12 community control program or for a treatment program under the
13 provisions of subparagraph (b)2., the court may revoke the
14 previous adjudication, impose an adjudication of guilt,
15 classify the child as a youthful offender when appropriate,
16 and impose any sentence which it may lawfully impose, giving
17 credit for all time spent by the child in the department.
18 (d) Violation of commitment or supervision.--If an
19 offender violates the conditions of commitment, aftercare,
20 postcommitment community control, or other supervision and an
21 adjudication of guilt as an adult was withheld for such
22 offender pursuant to s. 985.233(4)(b)1.b. or s.
23 985.233(4)(b)2.b., the Department of Juvenile Justice shall
24 file an affidavit with the sentencing court alleging the
25 violation. Upon receiving the affidavit, the court shall
26 issue a warrant for the arrest of the offender and hold a
27 hearing on the merits of the affidavit. If the offender is
28 found to be in violation, the court may revoke the previous
29 commitment or supervision and impose any lawful adult sentence
30 that does not include supervision or commitment by the
31
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1 Department of Juvenile Justice, giving credit for all time
2 spent under the department.
3 (e)(d) Recoupment of cost of care in juvenile justice
4 facilities.--When the court orders commitment of a child to
5 the Department of Juvenile Justice for treatment in any of the
6 department's programs for children, the court shall order the
7 natural or adoptive parents of such child, the natural father
8 of such child born out of wedlock who has acknowledged his
9 paternity in writing before the court, or guardian of such
10 child's estate, if possessed of assets which under law may be
11 disbursed for the care, support, and maintenance of the child,
12 to pay fees to the department equal to the actual cost of the
13 care, support, and maintenance of the child, unless the court
14 determines that the parent or legal guardian of the child is
15 indigent. The court may reduce the fees or waive the fees upon
16 a showing by the parent or guardian of an inability to pay the
17 full cost of the care, support, and maintenance of the child.
18 In addition, the court may waive the fees if it finds that the
19 child's parent or guardian was the victim of the child's
20 delinquent act or violation of law or if the court finds that
21 the parent or guardian has made a diligent and good faith
22 effort to prevent the child from engaging in the delinquent
23 act or violation of law. When the order affects the
24 guardianship estate, a certified copy of the order shall be
25 delivered to the judge having jurisdiction of the guardianship
26 estate.
27 (f)(e) Further proceedings heard in adult court.--When
28 a child is sentenced to juvenile sanctions, further
29 proceedings involving those sanctions shall continue to be
30 heard in the adult court.
31
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1 (g) Scope of sanction; custody return to sentencing
2 court.--An adult sanction or a juvenile sanction may include
3 enforcement of an order of restitution or community control
4 previously ordered in any juvenile proceeding. However, if the
5 court imposes a juvenile sanction and the department
6 determines that the sanction is unsuitable for the child, the
7 department shall return custody of the child to the sentencing
8 court for further proceedings, including the imposition of
9 adult sanctions.
10
11 It is the intent of the Legislature that the criteria and
12 guidelines in this subsection are mandatory and that a
13 determination of disposition under this subsection is subject
14 to the right of the child to appellate review under s.
15 985.234.
16 Section 19. For the purpose of incorporating the
17 amendment to section 985.233, Florida Statutes, in references
18 thereto, subsection (3) of section 985.225, Florida Statutes,
19 and paragraph (k) of subsection (3) of section 985.31, Florida
20 Statutes, 1998 Supplement, are reenacted to read:
21 985.225 Indictment of a juvenile.--
22 (3) If the child is found to have committed the
23 offense punishable by death or by life imprisonment, the child
24 shall be sentenced as an adult. If the juvenile is not found
25 to have committed the indictable offense but is found to have
26 committed a lesser included offense or any other offense for
27 which he or she was indicted as a part of the criminal
28 episode, the court may sentence pursuant to s. 985.233.
29 985.31 Serious or habitual juvenile offender.--
30 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
31 TREATMENT.--
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1 (k) Any commitment of a child to the department for
2 placement in a serious or habitual juvenile offender program
3 or facility shall be for an indeterminate period of time, but
4 the time shall not exceed the maximum term of imprisonment
5 which an adult may serve for the same offense. Notwithstanding
6 the provisions of ss. 743.07 and 985.231(1)(d), a serious or
7 habitual juvenile offender shall not be held under commitment
8 from a court pursuant to this section, s. 985.231, or s.
9 985.233 after becoming 21 years of age. This provision shall
10 apply only for the purpose of completing the serious or
11 habitual juvenile offender program pursuant to this chapter
12 and shall be used solely for the purpose of treatment.
13 Section 20. Subsections (2) and (6) of section
14 985.309, Florida Statutes, 1998 Supplement, are amended to
15 read:
16 985.309 Boot camp for children.--
17 (2) A child may be placed in a boot camp program, in
18 connection with a juvenile disposition, if he or she is at
19 least 14 years of age and has not entered a plea of guilty or
20 nolo contendere to, or been adjudicated of, but less than 18
21 years of age at the time of adjudication and has been
22 committed to the department for any offense that, if committed
23 by an adult, would be a felony, other than a capital felony, a
24 life felony, or a violent felony of the first degree. A child
25 may be placed in an early-intervention boot camp program if he
26 or she is at least 12 years of age, has not entered a plea of
27 guilty or nolo contendere to, or been adjudicated of, a
28 capital felony, a life felony, or a violent felony of the
29 first degree, and otherwise qualifies pursuant to paragraph
30 (6)(c).
31
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1 (6) A boot camp operated by the department, a county,
2 or a municipality must provide for the following minimum
3 periods of participation:
4 (a) A participant in a low-risk residential program
5 must spend at least 2 months in the boot camp component of the
6 program and at least 2 months in aftercare.
7 (b) A participant in a moderate-risk residential
8 program must spend at least 4 months in the boot camp
9 component of the program and at least 4 months in aftercare.
10 (c) The department, a county, or a municipality may
11 operate an early-intervention boot camp program consisting of
12 at least a 10-day residential boot camp component followed by
13 at least 2 months in aftercare. The purpose of an
14 early-intervention boot camp program is to discourage young
15 offenders from having further contact with the criminal
16 justice system by emphasizing intensive educational and
17 physical training, discipline, and personal responsibility.
18 Any participant in an early-intervention boot camp who does
19 not successfully complete the program is automatically
20 disqualified from future participation in an
21 early-intervention boot camp unless good cause is shown for
22 the participant's failure to complete the program due to
23 exceptional circumstances. A participant in an
24 early-intervention boot camp program may not have more than
25 two prior cases involving acts that would be felonies if
26 committed by an adult, nor shall a participant in an
27 early-intervention boot camp program have more than four prior
28 cases involving any combination of acts that would be either
29 misdemeanors or felonies if committed by an adult.
30
31
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1 This subsection does not preclude the operation of a program
2 that requires the participants to spend more than 4 months in
3 the boot camp component of the program or that requires the
4 participants to complete two sequential programs of 4 months
5 each in the boot camp component of the program.
6 Section 21. For the purpose of incorporating the
7 amendment to section 985.309, Florida Statutes, 1998
8 Supplement, in references thereto, paragraph (j) of subsection
9 (1) of section 985.231, Florida Statutes, 1998 Supplement,
10 paragraph (i) of subsection (3) of section 095.31, Florida
11 Statutes, 1998 Supplement, paragraph (i) of subsection (3) of
12 section 985.311, Florida Statutes, 1998 Supplement, and
13 paragraph (a) of subsection (1) of section 385.314, Florida
14 Statutes, are reenacted to read:
15 985.231 Powers of disposition in delinquency cases.--
16 (1)
17 (j) If the offense committed by the child was grand
18 theft of a motor vehicle, the court:
19 1. Upon a first adjudication for a grand theft of a
20 motor vehicle, may place the youth in a boot camp, unless the
21 child is ineligible pursuant to s. 985.309, and shall order
22 the youth to complete a minimum of 50 hours of community
23 service.
24 2. Upon a second adjudication for grand theft of a
25 motor vehicle which is separate and unrelated to the previous
26 adjudication, may place the youth in a boot camp, unless the
27 child is ineligible pursuant to s. 985.309, and shall order
28 the youth to complete a minimum of 100 hours of community
29 service.
30 3. Upon a third adjudication for grand theft of a
31 motor vehicle which is separate and unrelated to the previous
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1 adjudications, shall place the youth in a boot camp or other
2 treatment program, unless the child is ineligible pursuant to
3 s. 985.309, and shall order the youth to complete a minimum of
4 250 hours of community service.
5 985.31 Serious or habitual juvenile offender.--
6 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
7 TREATMENT.--
8 (i) The treatment and placement recommendations shall
9 be submitted to the court for further action pursuant to this
10 paragraph:
11 1. If it is recommended that placement in a serious or
12 habitual juvenile offender program or facility is
13 inappropriate, the court shall make an alternative disposition
14 pursuant to s. 985.309 or other alternative sentencing as
15 applicable, utilizing the recommendation as a guide.
16 2. If it is recommended that placement in a serious or
17 habitual juvenile offender program or facility is appropriate,
18 the court may commit the child to the department for placement
19 in the restrictiveness level designated for serious or
20 habitual delinquent children programs.
21 985.311 Intensive residential treatment program for
22 offenders less than 13 years of age.--
23 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
24 TREATMENT.--
25 (i) The treatment and placement recommendations shall
26 be submitted to the court for further action pursuant to this
27 paragraph:
28 1. If it is recommended that placement in an intensive
29 residential treatment program for offenders less than 13 years
30 of age is inappropriate, the court shall make an alternative
31 disposition pursuant to s. 985.309 or other alternative
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1 sentencing as applicable, utilizing the recommendation as a
2 guide.
3 2. If it is recommended that placement in an intensive
4 residential treatment program for offenders less than 13 years
5 of age is appropriate, the court may commit the child to the
6 department for placement in the restrictiveness level
7 designated for intensive residential treatment program for
8 offenders less than 13 years of age.
9 985.314 Commitment programs for juvenile felony
10 offenders.--
11 (1) Notwithstanding any other law and regardless of
12 the child's age, a child who is adjudicated delinquent, or for
13 whom adjudication is withheld, for an act that would be a
14 felony if committed by an adult, shall be committed to:
15 (a) A boot camp program under s. 985.309 if the child
16 has participated in an early delinquency intervention program
17 as provided in s. 985.305.
18 Section 22. Paragraph (b) of subsection (11) of
19 section 985.404, Florida Statutes, 1998 Supplement, is amended
20 to read:
21 985.404 Administering the juvenile justice
22 continuum.--
23 (11)
24 (b) The department shall rank commitment programs
25 based on the cost-effectiveness model and shall submit a
26 report to the appropriate substantive and fiscal committees of
27 each house of the Legislature by December 31 of each year.
28 The report must consider at least the following factors:
29 1. The recidivism rate, measured by whether a juvenile
30 has been arrested within 18 months after leaving a commitment
31 program, regardless of whether the commitment program was
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1 successfully completed. The recidivism rate for community
2 control, furlough, and aftercare shall be measured by whether
3 the juvenile has been arrested within 1 year after leaving
4 community control, furlough, or aftercare, regardless of
5 whether the supervision was successfully completed.
6 2. The seriousness of the criminal history of the
7 juveniles in the program.
8 3. The program's cost-per-client.
9 4. The average age of the juveniles in the program.
10 Section 23. Subsection (12) is added to section
11 985.219, Florida Statutes, to read:
12 985.219 Process and service.--
13 (12) Any parent, legal guardian, or adult relative who
14 receives a notice to appear, accepts custody of a child from a
15 law enforcement officer or an authorized agent of the
16 department, and fails to produce the child for the specified
17 court proceeding, or any parent or legal guardian who fails to
18 produce the child for a court appearance in response to a
19 summons, in addition to any other penalty provided by law, may
20 be assessed a civil penalty of up to $100, payable to the
21 clerk of the circuit court.
22 Section 24. Subsections (4) and (5) of section 985.02,
23 Florida Statutes, are amended, present subsections (6) and (7)
24 of that section are redesignated as subsections (7) and (8),
25 respectively, and a new subsection (6) is added to that
26 section, to read:
27 985.02 Legislative intent for the juvenile justice
28 system.--
29 (4) DETENTION.--
30 (a) The Legislature finds that there is a need for a
31 secure placement for certain children alleged to have
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1 committed a delinquent act. The Legislature finds that
2 detention under part II should be used only when less
3 restrictive interim placement alternatives prior to
4 adjudication and disposition are not appropriate. The
5 Legislature further finds that decisions to detain should be
6 based in part on a prudent assessment of risk and be limited
7 to situations where there is clear and convincing evidence
8 that a child presents a risk of failing to appear or presents
9 a substantial risk of inflicting bodily harm on others as
10 evidenced by recent behavior; presents a history of committing
11 a serious property offense prior to adjudication, disposition,
12 or placement; has acted in direct or indirect contempt of
13 court; or requests protection from imminent bodily harm.
14 (b) The Legislature intends that a juvenile found to
15 have committed a delinquent act understands the consequences
16 and the serious nature of such behavior. Therefore, the
17 Legislature finds that secure detention is appropriate to
18 provide punishment that discourages further delinquent
19 behavior. The Legislature also finds that certain juveniles
20 have committed a sufficient number of criminal acts, including
21 acts involving violence to persons, to represent sufficient
22 danger to the community to warrant sentencing and placement
23 within the adult system. It is the intent of the Legislature
24 to establish clear criteria in order to identify these
25 juveniles and remove them from the juvenile justice system.
26 (5) SERIOUS OR HABITUAL JUVENILE OFFENDERS.--The
27 Legislature finds that fighting crime effectively requires a
28 multipronged effort focusing on particular classes of
29 delinquent children and the development of particular
30 programs. This state's juvenile justice system has an
31 inadequate number of beds for serious or habitual juvenile
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1 offenders and an inadequate number of community and
2 residential programs for a significant number of children
3 whose delinquent behavior is due to or connected with illicit
4 substance abuse. In addition, a significant number of children
5 have been adjudicated in adult criminal court and placed in
6 this state's prisons where programs are inadequate to meet
7 their rehabilitative needs and where space is needed for adult
8 offenders. Recidivism rates for each of these classes of
9 offenders exceed those tolerated by the Legislature and by the
10 citizens of this state.
11 (6) REPEAT AND VIOLENT JUVENILE OFFENDERS.--The
12 Legislature also finds that certain juveniles have committed a
13 sufficient number of criminal acts, have been provided
14 rehabilitative services throughout the juvenile justice
15 system, and are of sufficient age to have demonstrated by a
16 repeated pattern of criminal behavior that further
17 rehabilitative efforts through the juvenile justice system
18 would be ineffective in stopping future criminal conduct. It
19 is the intent of the Legislature to establish clear criteria
20 in order to identify these juveniles and remove them from the
21 juvenile justice system. The Legislature also finds that some
22 juveniles have committed criminal acts of violence of such a
23 serious nature that imprisonment is necessary to protect
24 public safety.
25 Section 25. Section 985.313, Florida Statutes, is
26 amended to read:
27 985.313 Juvenile prison Maximum-risk residential
28 program.--A juvenile prison maximum-risk residential program
29 is a physically secure residential commitment program with a
30 designated length of stay from 18 months to 36 months,
31 primarily serving children 13 years of age to 19 years of age,
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1 or until the jurisdiction of the court expires. The court may
2 retain jurisdiction over the child until the child reaches the
3 age of 21, specifically for the purpose of the child
4 completing the program. Each child committed to this level
5 must meet one of the following criteria:
6 (1) The youth is at least 13 years of age at the time
7 of the disposition for the current offense and has been
8 adjudicated on the current offense for:
9 (a) Arson;
10 (b) Sexual battery;
11 (c) Robbery;
12 (d) Kidnapping;
13 (e) Aggravated child abuse;
14 (f) Aggravated assault;
15 (g) Aggravated stalking;
16 (h) Murder;
17 (i) Manslaughter;
18 (j) Unlawful throwing, placing, or discharging of a
19 destructive device or bomb;
20 (k) Armed burglary;
21 (l) Aggravated battery;
22 (m) Carjacking;
23 (n) Home-invasion robbery;
24 (o) Burglary with an assault or battery;
25 (p)(m) Lewd or lascivious assault or act in the
26 presence of a child; or
27 (q)(n) Carrying, displaying, using, threatening to
28 use, or attempting to use a weapon or firearm during the
29 commission of a felony.
30 (2) The youth is at least 13 years of age at the time
31 of the disposition, the current offense is a felony, and the
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1 child has previously been committed three or more times to a
2 delinquency commitment program.
3 (3) The youth is at least 13 years of age and is
4 currently committed for a felony offense and transferred from
5 a moderate-risk or high-risk residential commitment placement.
6 (4) The youth is at least 13 years of age at the time
7 of the disposition for the current offense, the youth is
8 eligible for prosecution as an adult for the current offense,
9 and the current offense is ranked at level 7 or higher on the
10 Criminal Punishment Code offense severity ranking chart
11 pursuant to s. 921.0022.
12 Section 26. This act shall take effect July 1, 1999.
13
14 *****************************************
15 LEGISLATIVE SUMMARY
16
Provides that certain adjudications of delinquency are
17 admissible into evidence for impeachment purposes.
Revises or enacts various provisions in parts I, II, III,
18 and IV of chapter 985, F.S., relating to general
provisions, delinquency case proceedings, the juvenile
19 justice continuum, and juvenile justice system
administration, respectively. Revises provisions in
20 chapter 921, F.S., relating to sentencing of persons with
juvenile records and juveniles prosecuted as adults.
21 Revises provisions in chapter 943, F.S., relating to
criminal history records of minors. Renames maximum-risk
22 residential programs as juvenile prisons. Provides
criteria under which a juvenile may be committed to a
23 juvenile prison. (See bill for details.)
24
25
26
27
28
29
30
31
51