CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Campbell, Horne and Lee moved the following amendment

12  :

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 435.04, Florida Statutes, 1998

19  Supplement, is amended to read:

20         435.04  Level 2 screening standards.--

21         (1)  All employees in positions designated by law as

22  positions of trust or responsibility shall be required to

23  undergo security background investigations as a condition of

24  employment and continued employment.  For the purposes of this

25  subsection, security background investigations shall include,

26  but not be limited to, employment history checks,

27  fingerprinting for all purposes and checks in this subsection,

28  statewide criminal and juvenile records checks through the

29  Florida Department of Law Enforcement, and federal criminal

30  records checks through the Federal Bureau of Investigation,

31  and may include local criminal records checks through local

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 1  law enforcement agencies.

 2         (2)  The security background investigations under this

 3  section must ensure that no persons subject to the provisions

 4  of this section have been found guilty of, regardless of

 5  adjudication, or entered a plea of nolo contendere or guilty

 6  to, any offense prohibited under any of the following

 7  provisions of the Florida Statutes or under any similar

 8  statute of another jurisdiction:

 9         (a)  Section 415.111, relating to adult abuse, neglect,

10  or exploitation of aged persons or disabled adults.

11         (b)  Section 782.04, relating to murder.

12         (c)  Section 782.07, relating to manslaughter,

13  aggravated manslaughter of an elderly person or disabled

14  adult, or aggravated manslaughter of a child.

15         (d)  Section 782.071, relating to vehicular homicide.

16         (e)  Section 782.09, relating to killing of an unborn

17  child by injury to the mother.

18         (f)  Section 784.011, relating to assault, if the

19  victim of the offense was a minor.

20         (g)  Section 784.021, relating to aggravated assault.

21         (h)  Section 784.03, relating to battery, if the victim

22  of the offense was a minor.

23         (i)  Section 784.045, relating to aggravated battery.

24         (j)  Section 784.075, relating to battery on a

25  detention or commitment facility staff.

26         (k)(j)  Section 787.01, relating to kidnapping.

27         (l)(k)  Section 787.02, relating to false imprisonment.

28         (m)  Section 787.04(2), relating to taking, enticing,

29  or removing a child beyond the state limits with criminal

30  intent pending custody proceedings.

31         (n)  Section 787.04(3), relating to carrying a child

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 1  beyond the state lines with criminal intent to avoid producing

 2  a child at a custody hearing or delivering the child to the

 3  designated person.

 4         (o)  Section 790.115(1), relating to exhibiting

 5  firearms or weapons within 1,000 feet of a school.

 6         (p)  Section 790.115(2)(b), relating to possessing an

 7  electric weapon or device, destructive device, or other weapon

 8  on school property.

 9         (q)(l)  Section 794.011, relating to sexual battery.

10         (r)(m)  Former s. 794.041, relating to prohibited acts

11  of persons in familial or custodial authority.

12         (s)(n)  Chapter 796, relating to prostitution.

13         (t)(o)  Section 798.02, relating to lewd and lascivious

14  behavior.

15         (u)(p)  Chapter 800, relating to lewdness and indecent

16  exposure.

17         (v)(q)  Section 806.01, relating to arson.

18         (w)(r)  Chapter 812, relating to theft, robbery, and

19  related crimes, if the offense is a felony.

20         (x)(s)  Section 817.563, relating to fraudulent sale of

21  controlled substances, only if the offense was a felony.

22         (y)(t)  Section 825.102, relating to abuse, aggravated

23  abuse, or neglect of an elderly person or disabled adult.

24         (z)(u)  Section 825.1025, relating to lewd or

25  lascivious offenses committed upon or in the presence of an

26  elderly person or disabled adult.

27         (aa)(v)  Section 825.103, relating to exploitation of

28  an elderly person or disabled adult, if the offense was a

29  felony.

30         (bb)(w)  Section 826.04, relating to incest.

31         (cc)(x)  Section 827.03, relating to child abuse,

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 1  aggravated child abuse, or neglect of a child.

 2         (dd)(y)  Section 827.04, relating to contributing to

 3  the delinquency or dependency of a child.

 4         (ee)(z)  Section 827.05, relating to negligent

 5  treatment of children.

 6         (ff)(aa)  Section 827.071, relating to sexual

 7  performance by a child.

 8         (gg)  Section 843.01, relating to resisting arrest with

 9  violence.

10         (hh)  Section 843.025, relating to depriving a law

11  enforcement, correctional, or correctional probation officer

12  means of protection or communication.

13         (ii)  Section 843.12, relating to aiding in an escape.

14         (jj)  Section 843.13, relating to aiding in the escape

15  of juvenile inmates in correctional institutions.

16         (kk)(bb)  Chapter 847, relating to obscene literature.

17         (ll)  Section 874.05(1), relating to encouraging or

18  recruiting another to join a criminal gang.

19         (mm)(cc)  Chapter 893, relating to drug abuse

20  prevention and control, only if the offense was a felony or if

21  any other person involved in the offense was a minor.

22         (nn)  Section 944.35(3), relating to inflicting cruel

23  or inhuman treatment on an inmate resulting in great bodily

24  harm.

25         (oo)  Section 944.46, relating to harboring,

26  concealing, or aiding an escaped prisoner.

27         (pp)  Section 944.47, relating to introduction of

28  contraband into a correctional facility.

29         (qq)  Section 985.4045, relating to sexual misconduct

30  in juvenile justice programs.

31         (rr)  Section 985.4046, relating to contraband

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 1  introduced into detention facilities.

 2         (3)  Standards must also ensure that the person:

 3         (a)  For employees or employers licensed or registered

 4  pursuant to chapter 400, does not have a confirmed report of

 5  abuse, neglect, or exploitation as defined in s. 415.102(5),

 6  which has been uncontested or upheld under s. 415.103.

 7         (b)  Has not committed an act that constitutes domestic

 8  violence as defined in s. 741.30.

 9         (4)  Under penalty of perjury, all employees in such

10  positions of trust or responsibility shall attest to meeting

11  the requirements for qualifying for employment and agreeing to

12  inform the employer immediately if convicted of any of the

13  disqualifying offenses while employed by the employer. Each

14  employer of employees in such positions of trust or

15  responsibilities which is licensed or registered by a state

16  agency shall submit to the licensing agency annually, under

17  penalty of perjury, an affidavit of compliance with the

18  provisions of this section.

19         Section 2.  Subsection (1) of section 943.0515, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         943.0515  Retention of criminal history records of

22  minors.--

23         (1)(a)  The Criminal Justice Information Program shall

24  retain the criminal history record of a minor who is

25  classified as a serious or habitual juvenile offender or

26  committed to a juvenile correctional facility or juvenile

27  prison under chapter 985 for 5 years after the date the

28  offender reaches 21 years of age, at which time the record

29  shall be expunged unless it meets the criteria of paragraph

30  (2)(a) or paragraph (2)(b).

31         (b)  If the minor is not classified as a serious or

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 1  habitual juvenile offender or committed to a juvenile

 2  correctional facility or juvenile prison under chapter 985,

 3  the program shall retain the minor's criminal history record

 4  for 5 years after the date the minor reaches 19 years of age,

 5  at which time the record shall be expunged unless it meets the

 6  criteria of paragraph (2)(a) or paragraph (2)(b).

 7         Section 3.  Paragraph (r) is added to subsection (1) of

 8  section 960.001, Florida Statutes, 1998 Supplement, to read:

 9         960.001  Guidelines for fair treatment of victims and

10  witnesses in the criminal justice and juvenile justice

11  systems.--

12         (1)  The Department of Legal Affairs, the state

13  attorneys, the Department of Corrections, the Department of

14  Juvenile Justice, the Parole Commission, the State Courts

15  Administrator and circuit court administrators, the Department

16  of Law Enforcement, and every sheriff's department, police

17  department, or other law enforcement agency as defined in s.

18  943.10(4) shall develop and implement guidelines for the use

19  of their respective agencies, which guidelines are consistent

20  with the purposes of this act and s. 16(b), Art. I of the

21  State Constitution and are designed to implement the

22  provisions of s. 16(b), Art. I of the State Constitution and

23  to achieve the following objectives:

24         (r)  Implementing crime prevention in order to protect

25  the safety of persons and property, as prescribed in the State

26  Comprehensive Plan.--By preventing crimes that create victims

27  or further harm former victims, crime-prevention efforts are

28  an essential part of providing effective service for victims

29  and witnesses. Therefore, the agencies identified in this

30  subsection may participate in and expend funds for crime

31  prevention, public awareness, public participation, and

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                                                  SENATE AMENDMENT

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 1  educational activities directly relating to, and in

 2  furtherance of, existing public safety statutes. Furthermore,

 3  funds may not be expended for the purpose of influencing

 4  public opinion on public policy issues that have not been

 5  resolved by the Legislature or the electorate.

 6         Section 4.  Subsection (16) of section 984.03, Florida

 7  Statutes, 1998 Supplement, is amended to read:

 8         984.03  Definitions.--When used in this chapter, the

 9  term:

10         (16)  "Delinquency program" means any intake, community

11  control and furlough, or similar program; regional detention

12  center or facility; or community-based program, whether owned

13  and operated by or contracted by the Department of Juvenile

14  Justice, or institution owned and operated by or contracted by

15  the Department of Juvenile Justice, which provides intake,

16  supervision, or custody and care of children who are alleged

17  to be or who have been found to be delinquent pursuant to

18  chapter 985.

19         Section 5.  Paragraph (a) of present subsection (15)

20  and paragraphs (a) and (e) of present subsection (46) of

21  section 985.03, Florida Statutes, 1998 Supplement, are

22  amended, and present subsections (4) through (59) are

23  redesignated as subsections (5) through (60), respectively,

24  and a new subsection (4) is added to that section, to read:

25         985.03  Definitions.--When used in this chapter, the

26  term:

27         (4)  "Aftercare" means the care, treatment, help, and

28  supervision provided to a juvenile released from a residential

29  commitment program which is intended to promote rehabilitation

30  and prevent recidivism. The purpose of aftercare is to protect

31  the public, reduce recidivism, increase responsible productive

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 1  behavior, and provide for a successful transition of the youth

 2  from the department to the family. Aftercare includes, but is

 3  not limited to, minimum-risk nonresidential programs, reentry

 4  services, and postcommitment community control.

 5         (16)(15)(a)  "Delinquency program" means any intake,

 6  community control and furlough, or similar program; regional

 7  detention center or facility; or community-based program,

 8  whether owned and operated by or contracted by the Department

 9  of Juvenile Justice, or institution owned and operated by or

10  contracted by the Department of Juvenile Justice, which

11  provides intake, supervision, or custody and care of children

12  who are alleged to be or who have been found to be delinquent

13  pursuant to part II.

14         (47)(46)  "Restrictiveness level" means the level of

15  custody provided by programs that service the custody and care

16  needs of committed children. There shall be five

17  restrictiveness levels:

18         (a)  Minimum-risk nonresidential.--Youth assessed and

19  classified for placement in programs at this restrictiveness

20  level represent a minimum risk to themselves and public safety

21  and do not require placement and services in residential

22  settings. Programs or program models in this restrictiveness

23  level include: community counselor supervision programs,

24  special intensive group programs, nonresidential marine

25  programs, nonresidential training and rehabilitation centers,

26  and other local community nonresidential programs, including

27  any nonresidential program or supervision program that is used

28  for aftercare placement.

29         (e)  Juvenile correctional facilities or juvenile

30  prison Maximum-risk residential.--Youth assessed and

31  classified for this level of placement require close

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 1  supervision in a maximum security residential setting that

 2  provides 24-hour-per-day secure custody, care, and

 3  supervision. Placement in a program in this level is prompted

 4  by a demonstrated need to protect the public. Programs or

 5  program models in this level are maximum-secure-custody,

 6  long-term residential commitment facilities that are intended

 7  to provide a moderate overlay of educational, vocational, and

 8  behavioral-modification services and other maximum-security

 9  program models authorized by the Legislature and established

10  by rule.  Section 985.3141 applies to children placed in

11  programs in this restrictiveness level.

12         Section 6.  Paragraph (b) of subsection (4) of section

13  39.0132, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         39.0132  Oaths, records, and confidential

16  information.--

17         (4)

18         (b)  The department shall disclose to the school

19  superintendent the presence of any child in the care and

20  custody or under the jurisdiction or supervision of the

21  department who has a known history of criminal sexual behavior

22  with other juveniles; is an alleged juvenile sex offender, as

23  defined in s. 39.01 s. 415.50165; or has pled guilty or nolo

24  contendere to, or has been found to have committed, a

25  violation of chapter 794, chapter 796, chapter 800, s.

26  827.071, or s. 847.0133, regardless of adjudication. Any

27  employee of a district school board who knowingly and

28  willfully discloses such information to an unauthorized person

29  commits a misdemeanor of the second degree, punishable as

30  provided in s. 775.082 or s. 775.083.

31         Section 7.  Paragraph (b) of subsection (3) of section

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 1  985.04, Florida Statutes, 1998 Supplement, is amended to read:

 2         985.04  Oaths; records; confidential information.--

 3         (3)

 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 criminal sexual behavior

 8  with other juveniles; is an alleged juvenile sex offender, as

 9  defined in s. 39.01 s. 415.50165; or has pled guilty or nolo

10  contendere to, or has been found to have committed, a

11  violation of chapter 794, chapter 796, chapter 800, s.

12  827.071, or s. 847.0133, regardless of adjudication. Any

13  employee of a district school board who knowingly and

14  willfully discloses such information to an unauthorized person

15  commits a misdemeanor of the second degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         Section 8.  Paragraph (d) of subsection (1) of section

18  985.207, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         985.207  Taking a child into custody.--

21         (1)  A child may be taken into custody under the

22  following circumstances:

23         (d)  By a law enforcement officer who has probable

24  cause to believe that the child is in violation of the

25  conditions of the child's community control, home detention

26  furlough, or aftercare supervision or has absconded from

27  commitment.

28

29  Nothing in this subsection shall be construed to allow the

30  detention of a child who does not meet the detention criteria

31  in s. 985.215.

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                                                  SENATE AMENDMENT

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 1         Section 9.  Section 985.208, Florida Statutes, 1998

 2  Supplement, is amended to read:

 3         985.208  Detention of furloughed child or escapee on

 4  authority of the department.--

 5         (1)  If an authorized agent of the department has

 6  reasonable grounds to believe that any delinquent child

 7  committed to the department has escaped from a facility of the

 8  department or from being lawfully transported thereto or

 9  therefrom, the agent may take the child into active custody

10  and may deliver the child to the facility or, if it is closer,

11  to a detention center for return to the facility. However, a

12  child may not be held in detention longer than 24 hours,

13  excluding Saturdays, Sundays, and legal holidays, unless a

14  special order so directing is made by the judge after a

15  detention hearing resulting in a finding that detention is

16  required based on the criteria in s. 985.215(2). The order

17  shall state the reasons for such finding. The reasons shall be

18  reviewable by appeal or in habeas corpus proceedings in the

19  district court of appeal.

20         (2)  Any sheriff or other law enforcement officer, upon

21  the request of the secretary of the department or duly

22  authorized agent, shall take a child who has escaped or

23  absconded from a department facility for committed delinquent

24  children, or from being lawfully transported thereto or

25  therefrom, into custody and deliver the child to the

26  appropriate juvenile probation officer of the department.

27         Section 10.  Paragraph (b) of subsection (1) of section

28  985.212, Florida Statutes, is amended to read:

29         985.212  Fingerprinting and photographing.--

30         (1)

31         (b)  A child who is charged with or found to have

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 1  committed one of the following misdemeanors shall be

 2  fingerprinted and the fingerprints shall be submitted to the

 3  Department of Law Enforcement as provided in s. 943.051(3)(b):

 4         1.  Assault, as defined in s. 784.011.

 5         2.  Battery, as defined in s. 784.03.

 6         3.  Carrying a concealed weapon, as defined in s.

 7  790.01(1).

 8         4.  Unlawful use of destructive devices or bombs, as

 9  defined in s. 790.1615(1).

10         5.  Negligent treatment of children, as defined in

11  former s. 827.05.

12         6.  Assault on a law enforcement officer, a

13  firefighter, or other specified officers, as defined in s.

14  784.07(2)(a).

15         7.  Open carrying of a weapon, as defined in s.

16  790.053.

17         8.  Exposure of sexual organs, as defined in s. 800.03.

18         9.  Unlawful possession of a firearm, as defined in s.

19  790.22(5).

20         10.  Petit theft, as defined in s. 812.014.

21         11.  Cruelty to animals, as defined in s. 828.12(1).

22         12.  Arson, resulting in bodily harm to a firefighter,

23  as defined in s. 806.031(1).

24

25  A law enforcement agency may fingerprint and photograph a

26  child taken into custody upon probable cause that such child

27  has committed any other violation of law, as the agency deems

28  appropriate. Such fingerprint records and photographs shall be

29  retained by the law enforcement agency in a separate file, and

30  these records and all copies thereof must be marked "Juvenile

31  Confidential." These records are shall not be available for

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 1  public disclosure and inspection under s. 119.07(1) except as

 2  provided in ss. 943.053 and 985.04(5), but shall be available

 3  to other law enforcement agencies, criminal justice agencies,

 4  state attorneys, the courts, the child, the parents or legal

 5  custodians of the child, their attorneys, and any other person

 6  authorized by the court to have access to such records. In

 7  addition, such records may be submitted to the Department of

 8  Law Enforcement for inclusion in the state criminal history

 9  records and used by criminal justice agencies for criminal

10  justice purposes. These records may, in the discretion of the

11  court, be open to inspection by anyone upon a showing of

12  cause. The fingerprint and photograph records shall be

13  produced in the court whenever directed by the court. Any

14  photograph taken pursuant to this section may be shown by a

15  law enforcement officer to any victim or witness of a crime

16  for the purpose of identifying the person who committed such

17  crime.

18         Section 11.  Paragraphs (a) and (c) of subsection (1)

19  and subsection (2) of section 985.231, Florida Statutes, 1998

20  Supplement, are amended to read:

21         985.231  Powers of disposition in delinquency cases.--

22         (1)

23         (a)  The court that has jurisdiction of an adjudicated

24  delinquent child may, by an order stating the facts upon which

25  a determination of a sanction and rehabilitative program was

26  made at the disposition hearing:

27         1.  Place the child in a community control program or a

28  postcommitment community control an aftercare program under

29  the supervision of an authorized agent of the Department of

30  Juvenile Justice or of any other person or agency specifically

31  authorized and appointed by the court, whether in the child's

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 1  own home, in the home of a relative of the child, or in some

 2  other suitable place under such reasonable conditions as the

 3  court may direct. A community control program for an

 4  adjudicated delinquent child must include a penalty component

 5  such as restitution in money or in kind, community service, a

 6  curfew, revocation or suspension of the driver's license of

 7  the child, or other nonresidential punishment appropriate to

 8  the offense and must also include a rehabilitative program

 9  component such as a requirement of participation in substance

10  abuse treatment or in school or other educational program.

11  Upon the recommendation of the department at the time of

12  disposition, or subsequent to disposition pursuant to the

13  filing of a petition alleging a violation of the child's

14  conditions of community control or aftercare supervision, the

15  court may order the child to submit to random testing for the

16  purpose of detecting and monitoring the use of alcohol or

17  controlled substances.

18         a.  A restrictiveness level classification scale for

19  levels of supervision shall be provided by the department,

20  taking into account the child's needs and risks relative to

21  community control supervision requirements to reasonably

22  ensure the public safety. Community control programs for

23  children shall be supervised by the department or by any other

24  person or agency specifically authorized by the court. These

25  programs must include, but are not limited to, structured or

26  restricted activities as described in this subparagraph, and

27  shall be designed to encourage the child toward acceptable and

28  functional social behavior. If supervision or a program of

29  community service is ordered by the court, the duration of

30  such supervision or program must be consistent with any

31  treatment and rehabilitation needs identified for the child

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 1  and may not exceed the term for which sentence could be

 2  imposed if the child were committed for the offense, except

 3  that the duration of such supervision or program for an

 4  offense that is a misdemeanor of the second degree, or is

 5  equivalent to a misdemeanor of the second degree, may be for a

 6  period not to exceed 6 months. When restitution is ordered by

 7  the court, the amount of restitution may not exceed an amount

 8  the child and the parent or guardian could reasonably be

 9  expected to pay or make. A child who participates in any work

10  program under this part is considered an employee of the state

11  for purposes of liability, unless otherwise provided by law.

12         b.  The court may conduct judicial review hearings for

13  a child placed on community control for the purpose of

14  fostering accountability to the judge and compliance with

15  other requirements, such as restitution and community service.

16  The court may allow early termination of community control for

17  a child who has substantially complied with the terms and

18  conditions of community control.

19         c.  If the conditions of the community control program

20  or the postcommitment community control aftercare program are

21  violated, the department agent supervising the program as it

22  relates to the child involved, or the state attorney, may

23  bring the child before the court on a petition alleging a

24  violation of the program. Any child who violates the

25  conditions of community control or postcommitment community

26  control aftercare must be brought before the court if

27  sanctions are sought. A child taken into custody under s.

28  985.207 for violating the conditions of community control or

29  postcommitment community control aftercare shall be held in a

30  consequence unit if such a unit is available. The child shall

31  be afforded a hearing within 24 hours after being taken into

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 1  custody to determine the existence of probable cause that the

 2  child violated the conditions of community control or

 3  postcommitment community control aftercare. A consequence unit

 4  is a secure facility specifically designated by the department

 5  for children who are taken into custody under s. 985.207 for

 6  violating community control or postcommitment community

 7  control aftercare, or who have been found by the court to have

 8  violated the conditions of community control or postcommitment

 9  community control aftercare. If the violation involves a new

10  charge of delinquency, the child may be detained under s.

11  985.215 in a facility other than a consequence unit. If the

12  child is not eligible for detention for the new charge of

13  delinquency, the child may be held in the consequence unit

14  pending a hearing and is subject to the time limitations

15  specified in s. 985.215. If the child denies violating the

16  conditions of community control or postcommitment community

17  control aftercare, the court shall appoint counsel to

18  represent the child at the child's request. Upon the child's

19  admission, or if the court finds after a hearing that the

20  child has violated the conditions of community control or

21  postcommitment community control aftercare, the court shall

22  enter an order revoking, modifying, or continuing community

23  control or postcommitment community control aftercare. In each

24  such case, the court shall enter a new disposition order and,

25  in addition to the sanctions set forth in this paragraph, may

26  impose any sanction the court could have imposed at the

27  original disposition hearing. If the child is found to have

28  violated the conditions of community control or postcommitment

29  community control aftercare, the court may:

30         (I)  Place the child in a consequence unit in that

31  judicial circuit, if available, for up to 5 days for a first

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 1  violation, and up to 15 days for a second or subsequent

 2  violation.

 3         (II)  Place the child on home detention with electronic

 4  monitoring. However, this sanction may be used only if a

 5  residential consequence unit is not available.

 6         (III)  Modify or continue the child's community control

 7  program or postcommitment community control aftercare program.

 8         (IV)  Revoke community control or postcommitment

 9  community control aftercare and commit the child to the

10  department.

11         d.  Notwithstanding s. 743.07 and paragraph (d), and

12  except as provided in s. 985.31, the term of any order placing

13  a child in a community control program must be until the

14  child's 19th birthday unless he or she is released by the

15  court, on the motion of an interested party or on its own

16  motion.

17         2.  Commit the child to a licensed child-caring agency

18  willing to receive the child, but the court may not commit the

19  child to a jail or to a facility used primarily as a detention

20  center or facility or shelter.

21         3.  Commit the child to the Department of Juvenile

22  Justice at a restrictiveness level defined in s. 985.03 s.

23  985.03(45). Such commitment must be for the purpose of

24  exercising active control over the child, including, but not

25  limited to, custody, care, training, urine monitoring, and

26  treatment of the child and release furlough of the child into

27  the community in a postcommitment nonresidential aftercare

28  program. If the child is not successful in the aftercare

29  program, the department may use the transfer procedure under

30  s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and

31  except as provided in s. 985.31, the term of the commitment

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 1  must be until the child is discharged by the department or

 2  until he or she reaches the age of 21.

 3         4.  Revoke or suspend the driver's license of the

 4  child.

 5         5.  Require the child and, if the court finds it

 6  appropriate, the child's parent or guardian together with the

 7  child, to render community service in a public service

 8  program.

 9         6.  As part of the community control program to be

10  implemented by the Department of Juvenile Justice, or, in the

11  case of a committed child, as part of the community-based

12  sanctions ordered by the court at the disposition hearing or

13  before the child's release from commitment, order the child to

14  make restitution in money, through a promissory note cosigned

15  by the child's parent or guardian, or in kind for any damage

16  or loss caused by the child's offense in a reasonable amount

17  or manner to be determined by the court. The clerk of the

18  circuit court shall be the receiving and dispensing agent. In

19  such case, the court shall order the child or the child's

20  parent or guardian to pay to the office of the clerk of the

21  circuit court an amount not to exceed the actual cost incurred

22  by the clerk as a result of receiving and dispensing

23  restitution payments. The clerk shall notify the court if

24  restitution is not made, and the court shall take any further

25  action that is necessary against the child or the child's

26  parent or guardian. A finding by the court, after a hearing,

27  that the parent or guardian has made diligent and good faith

28  efforts to prevent the child from engaging in delinquent acts

29  absolves the parent or guardian of liability for restitution

30  under this subparagraph.

31         7.  Order the child and, if the court finds it

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 1  appropriate, the child's parent or guardian together with the

 2  child, to participate in a community work project, either as

 3  an alternative to monetary restitution or as part of the

 4  rehabilitative or community control program.

 5         8.  Commit the child to the Department of Juvenile

 6  Justice for placement in a program or facility for serious or

 7  habitual juvenile offenders in accordance with s. 985.31. Any

 8  commitment of a child to a program or facility for serious or

 9  habitual juvenile offenders must be for an indeterminate

10  period of time, but the time may not exceed the maximum term

11  of imprisonment that an adult may serve for the same offense.

12  The court may retain jurisdiction over such child until the

13  child reaches the age of 21, specifically for the purpose of

14  the child completing the program.

15         9.  In addition to the sanctions imposed on the child,

16  order the parent or guardian of the child to perform community

17  service if the court finds that the parent or guardian did not

18  make a diligent and good faith effort to prevent the child

19  from engaging in delinquent acts. The court may also order the

20  parent or guardian to make restitution in money or in kind for

21  any damage or loss caused by the child's offense. The court

22  shall determine a reasonable amount or manner of restitution,

23  and payment shall be made to the clerk of the circuit court as

24  provided in subparagraph 6.

25         10.  Subject to specific appropriation, commit the

26  juvenile sexual offender to the Department of Juvenile Justice

27  for placement in a program or facility for juvenile sexual

28  offenders in accordance with s. 985.308.  Any commitment of a

29  juvenile sexual offender to a program or facility for juvenile

30  sexual offenders must be for an indeterminate period of time,

31  but the time may not exceed the maximum term of imprisonment

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 1  that an adult may serve for the same offense.  The court may

 2  retain jurisdiction over a juvenile sexual offender until the

 3  juvenile sexual offender reaches the age of 21, specifically

 4  for the purpose of completing the program.

 5         (c)  Any order made pursuant to paragraph (a) shall be

 6  in writing as prepared by the clerk of court and may

 7  thereafter be modified or set aside by the court.

 8         (2)  Following a delinquency adjudicatory hearing

 9  pursuant to s. 985.228 and a delinquency disposition hearing

10  pursuant to s. 985.23 which results in a commitment

11  determination, the court shall, on its own or upon request by

12  the state or the department, determine whether the protection

13  of the public requires that the child be placed in a program

14  for serious or habitual juvenile offenders and whether the

15  particular needs of the child would be best served by a

16  program for serious or habitual juvenile offenders as provided

17  in s. 985.31. The determination shall be made pursuant to ss.

18  985.03(49) 985.03(47) and 985.23(3).

19         Section 12.  Subsections (14) and (15) of section

20  985.308, Florida Statutes, 1998 Supplement, are amended to

21  read:

22         985.308  Juvenile sexual offender commitment programs;

23  sexual abuse intervention networks.--

24         (14)  Subject to specific appropriation, availability

25  of funds, or receipt of appropriate grant funds, the Office of

26  the Attorney General, the Department of Children and Family

27  Services, the Department of Juvenile Justice, or local

28  juvenile justice councils shall award grants to sexual abuse

29  intervention networks that apply for such grants. The grants

30  may be used for training, treatment, aftercare, evaluation,

31  public awareness, and other specified community needs that are

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 1  identified by the network. A grant shall be awarded based on

 2  the applicant's level of local funding, level of

 3  collaboration, number of juvenile sexual offenders to be

 4  served, number of victims to be served, and level of unmet

 5  needs. The Department of Legal Affairs' Office of the Attorney

 6  General, in collaboration with the Department of Juvenile

 7  Justice and the Department of Children and Family Services,

 8  shall establish by rule minimum standards for each respective

 9  department for residential and day treatment juvenile sexual

10  offender programs funded under this subsection.

11         (15)  The Department of Legal Affairs may adopt rules

12  necessary to award grants under this section.

13         Section 13.  Section 985.316, Florida Statutes, is

14  amended to read:

15         985.316  Furlough and intensive Aftercare.--

16         (1)  The Legislature finds that:

17         (a)  Aftercare is the care, treatment, help, and

18  supervision provided juveniles released from residential

19  commitment programs to promote rehabilitation and prevent

20  recidivism.

21         (b)  Aftercare services can contribute significantly to

22  a successful transition of a juvenile from a residential

23  commitment to the juvenile's home, school, and community.

24  Therefore, the best efforts should be made to provide for a

25  successful transition.

26         (c)  The purpose of aftercare is to protect safety;

27  reduce recidivism; increase responsible productive behaviors;

28  and provide for a successful transition of care and custody of

29  the youth from the state to the family.

30         (d)  Accordingly, aftercare should be included in the

31  continuum of care.

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 1         (2)  It is the intent of the Legislature that:

 2         (a)  Commitment programs include rehabilitative efforts

 3  on preparing committed juveniles for a successful release to

 4  the community.

 5         (b)  Aftercare transition planning begins as early in

 6  the commitment process as possible.

 7         (c)  Each juvenile committed to a residential

 8  commitment program be assessed to determine the need for

 9  aftercare services upon release from the commitment program.

10         (3)  For juveniles referred or committed to the

11  department, the function of the department may include, but

12  shall not be limited to, assessing each committed juvenile to

13  determine the need for aftercare services upon release from a

14  commitment program, supervising the juvenile when released

15  into the community from a residential commitment facility of

16  the department, providing such counseling and other services

17  as may be necessary for the families and assisting their

18  preparations for the return of the child. Subject to specific

19  appropriation, the department shall provide for outpatient

20  sexual offender counseling for any juvenile sexual offender

21  released from a commitment program as a component of

22  aftercare.

23         (4)  After a youth is released from a residential

24  commitment program, aftercare services may be delivered

25  through either minimum-risk nonresidential commitment

26  restrictiveness programs or postcommitment community control.

27  A juvenile under minimum-risk nonresidential commitment

28  placement will continue to be on commitment status and subject

29  to the transfer provision under s. 985.404. A juvenile on

30  post-commitment community control will be subject to the

31  provisions under s. 985.231(1)(a).

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 1         (1)  With regard to children referred or committed to

 2  the department, the function of the department may include,

 3  but shall not be limited to, supervising the child when

 4  furloughed into the community from a facility of the

 5  department, including providing such counseling and other

 6  services as may be necessary for the families and assisting

 7  their preparations for the return of the child. 

 8         (2)  Whenever a delinquent child is committed to a

 9  residential program operated by a private vendor under

10  contract, the department may negotiate with such vendor to

11  provide intensive aftercare for the child in the home

12  community following successful completion of the residential

13  program. Intensive aftercare shall involve regular contact

14  between the child and the staff of the vendor with whom the

15  child has developed a relationship during the course of the

16  commitment program. Contingent upon specific appropriation, a

17  contract for intensive aftercare provided by the residential

18  commitment program vendor shall provide for caseloads of 10 or

19  fewer children, intensive aftercare for 1 year, and a transfer

20  of the ongoing case management and reentry responsibilities

21  from the department to the vendor at the time the vendor

22  admits the child into the commitment program.  The department

23  shall annually seek the necessary resources to provide

24  intensive aftercare.

25         (3)  Subject to specific appropriation, the department

26  shall provide or contract for outpatient sexual offender

27  counseling for any juvenile sexual offender furloughed from a

28  commitment program, as a component of aftercare services.

29         (4)  Upon a recommendation that a child committed to

30  the department have his or her furlough revoked, the

31  department shall, within 30 days after the date the

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 1  recommendation is made, hold an administrative hearing

 2  pursuant to chapter 120.

 3         (5)  It is the legislative intent that, to prevent

 4  recidivism of juvenile offenders, reentry and aftercare

 5  services be provided statewide to each juvenile who returns to

 6  his or her community from a residential commitment program.

 7  Accordingly, the Legislature further intends that reentry and

 8  aftercare services be included in the continuum of care.

 9         Section 14.  Subsections (4) and (10) of section

10  985.404, Florida Statutes, 1998 Supplement, are amended, and

11  subsection (13) is added to that section, to read:

12         985.404  Administering the juvenile justice

13  continuum.--

14         (4)  The department may transfer a child, when

15  necessary to appropriately administer the child's commitment,

16  from one facility or program to another facility or program

17  operated, contracted, subcontracted, or designated by the

18  department, including a postcommitment minimum-risk

19  nonresidential aftercare program. The department shall notify

20  the court that committed the child to the department, in

21  writing, of its transfer of the child from a commitment

22  facility or program to another facility or program of a higher

23  or lower restrictiveness level.  The court that committed the

24  child may agree to the transfer or may set a hearing to review

25  the transfer.  If the court does not respond within 10 days

26  after receipt of the notice, the transfer of the child shall

27  be deemed granted.

28         (10)  The department shall annually collect and report

29  cost data for every program operated or contracted by the

30  department.  The cost data shall conform to a format approved

31  by the department and the Legislature. Uniform cost data shall

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 1  be reported and collected for state-operated and contracted

 2  programs so that comparisons can be made among programs.  The

 3  department shall ensure that there is accurate cost accounting

 4  for state-operated services including market-equivalent rent

 5  and other shared cost.  The cost of the educational program

 6  provided to a residential facility shall be reported and

 7  included in the cost of a program. The department shall submit

 8  an annual cost report to the President of the Senate, the

 9  Speaker of the House of Representatives, the Minority Leader

10  of each house of the Legislature, the appropriate substantive

11  and appropriations committees of each house of the

12  Legislature, and the Governor, no later than December 1 of

13  each year. Cost-benefit analysis for educational programs will

14  be developed and implemented in collaboration with and

15  cooperation by the Department of Education, local providers,

16  and local school districts. Cost data for the report shall

17  include data collected by the Department of Education for the

18  purposes of preparing the annual report required by s.

19  230.23161(21)(17).

20         (13)  The department shall implement procedures to

21  ensure that educational support activities are provided

22  throughout the juvenile justice continuum. Such activities may

23  include, but are not limited to, mentoring, tutoring, group

24  discussions, homework assistance, library support, designated

25  reading times, independent living, personal finance, and other

26  appropriate educational activities.

27         Section 15.  Subsection (3) of section 985.406, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         985.406  Juvenile justice training academies

30  established; Juvenile Justice Standards and Training

31  Commission created; Juvenile Justice Training Trust Fund

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 1  created.--

 2         (3)  JUVENILE JUSTICE TRAINING PROGRAM.--The commission

 3  shall establish a certifiable program for juvenile justice

 4  training pursuant to the provisions of this section, and all

 5  Department of Juvenile Justice program staff and providers who

 6  deliver direct care services pursuant to contract with the

 7  department shall be required to participate in and

 8  successfully complete the commission-approved program of

 9  training pertinent to their areas of responsibility. Judges,

10  state attorneys, and public defenders, law enforcement

11  officers, and school district personnel may participate in

12  such training program. For the juvenile justice program staff,

13  the commission shall, based on a job-task analysis:

14         (a)  Design, implement, maintain, evaluate, and revise

15  a basic training program, including a competency-based

16  curriculum-based examination, for the purpose of providing

17  minimum employment training qualifications for all juvenile

18  justice personnel. All program staff of the Department of

19  Juvenile Justice and providers who deliver direct-care

20  services who are hired after October 1, 1999, must meet the

21  following minimum requirements:

22         1.  Be at least 19 years of age.

23         2.  Be a high school graduate or its equivalent as

24  determined by the commission.

25         3.  Not have been convicted of any felony or a

26  misdemeanor involving perjury or a false statement, or have

27  received a dishonorable discharge from any of the Armed Forces

28  of the United States. Any person who, after September 30,

29  1999, pleads guilty or nolo contendere to or is found guilty

30  of any felony or a misdemeanor involving perjury or false

31  statement is not eligible for employment, notwithstanding

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 1  suspension of sentence or withholding of adjudication.

 2  Notwithstanding this subparagraph, any person who pleads nolo

 3  contendere to a misdemeanor involving a false statement before

 4  October 1, 1999, and who has had such record of that plea

 5  sealed or expunged is not ineligible for employment for that

 6  reason.

 7         4.  Abide by all the provisions of s. 985.01(2)

 8  regarding fingerprinting and background investigations and

 9  other screening requirements for personnel.

10         5.  Execute and submit to the department an

11  affidavit-of-application form, adopted by the department,

12  attesting to his or her compliance with subparagraphs 1.

13  through 4. The affidavit must be executed under oath and

14  constitutes an official statement under s. 837.06. The

15  affidavit must include conspicuous language that the

16  intentional false execution of the affidavit constitutes a

17  misdemeanor of the second degree. The employing agency shall

18  retain the affidavit.

19         (b)  Design, implement, maintain, evaluate, and revise

20  an advanced training program, including a competency-based

21  curriculum-based examination for each training course, which

22  is intended to enhance knowledge, skills, and abilities

23  related to job performance.

24         (c)  Design, implement, maintain, evaluate, and revise

25  a career development training program, including a

26  competency-based curriculum-based examination for each

27  training course. Career development courses are intended to

28  prepare personnel for promotion.

29         (d)  The commission is encouraged to design, implement,

30  maintain, evaluate, and revise juvenile justice training

31  courses, or to enter into contracts for such training courses,

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 1  that are intended to provide for the safety and well-being of

 2  both citizens and juvenile offenders.

 3         Section 16.  Section 985.4145, Florida Statutes, is

 4  created to read:

 5         985.4145  Direct-support organization; definition; use

 6  of property; board of directors; audit.--

 7         (1)  DEFINITION.--As used in this section, the term

 8  "direct-support organization" means an organization whose sole

 9  purpose is to support the juvenile justice system and which

10  is:

11         (a)  A corporation not-for-profit incorporated under

12  chapter 617 and which is approved by the Department of State;

13         (b)  Organized and operated to conduct programs and

14  activities; to raise funds; to request and receive grants,

15  gifts, and bequests of moneys; to acquire, receive, hold,

16  invest, and administer, in its own name, securities, funds,

17  objects of value, or other property, real or personal; and to

18  make expenditures to or for the direct or indirect benefit of

19  the Department of Juvenile Justice or the juvenile justice

20  system operated by a county commission or a district board;

21         (c)  Determined by the Department of Juvenile Justice

22  to be consistent with the goals of the juvenile justice

23  system, in the best interest of the state, and in accordance

24  with the adopted goals and mission of the Department of

25  Juvenile Justice.

26

27  Expenditures of the organization shall be expressly used to

28  prevent and ameliorate juvenile delinquency. The expenditures

29  of the direct-support organization may not be used for the

30  purpose of lobbying as defined in s. 11.045.

31         (2)  CONTRACT.--The direct-support organization shall

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 1  operate under written contract with the department. The

 2  contract must provide for:

 3         (a)  Approval of the articles of incorporation and

 4  bylaws of the direct-support organization by the department.

 5         (b)  Submission of an annual budget for the approval of

 6  the department.

 7         (c)  Certification by the department that the

 8  direct-support organization is complying with the terms of the

 9  contract and in a manner consistent with the goals and

10  purposes of the department and in the best interest of the

11  state. Such certification must be made annually and reported

12  in the official minutes of a meeting of the direct-support

13  organization.

14         (d)  The reversion of moneys and property held in trust

15  by the direct-support organization for the benefit of the

16  juvenile justice system to the state if the department ceases

17  to exist or to the department if the direct-support

18  organization is no longer approved to operate for the

19  department, a county commission, or a district board or if the

20  direct-support organization ceases to exist;

21         (e)  The fiscal year of the direct-support

22  organization, which must begin July 1 of each year and end

23  June 30 of the following year;

24         (f)  The disclosure of material provisions of the

25  contract, and the distinction between the department and the

26  direct-support organization, to donors of gifts,

27  contributions, or bequests, including such disclosure on all

28  promotional and fundraising publications.

29         (3)  BOARD OF DIRECTORS.--The Secretary of Juvenile

30  Justice shall appoint a board of directors of the

31  direct-support organization. Members of the organization must

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 1  include representatives from businesses, representatives from

 2  each of the juvenile justice service districts, and one

 3  representative appointed at-large.

 4         (4)  USE OF PROPERTY.--The department may permit,

 5  without charge, appropriate use of fixed property and

 6  facilities of the juvenile justice system by the

 7  direct-support organization, subject to the provisions of this

 8  section.

 9         (a)  The department may prescribe any condition with

10  which the direct-support organization must comply in order to

11  use fixed property or facilities of the juvenile justice

12  system.

13         (b)  The department may not permit the use of any fixed

14  property or facilities of the juvenile justice system by the

15  direct-support organization if it does not provide equal

16  membership and employment opportunities to all persons

17  regardless of race, color, religion, sex, age, or national

18  origin.

19         (c)  The department shall adopt rules prescribing the

20  procedures by which the direct-support organization is

21  governed and any conditions with which a direct-support

22  organization must comply to use property or facilities of the

23  department.

24         (5)  Any moneys may be held in a separate depository

25  account in the name of the direct-support organization and

26  subject to the provisions of the contract with the department.

27         (6)  The direct-support organization shall provide for

28  an annual financial and compliance postaudit of its financial

29  accounts and records by an independent certified public

30  accountant in accordance with rules of the Auditor General.

31  The annual audit report must include a management letter and

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 1  must be submitted to the Auditor General and the department

 2  for review. The department and the Auditor General may require

 3  and receive from the direct-support organization, or from its

 4  independent auditor, any detail or supplemental data relative

 5  to the operation of the organization.

 6         Section 17.  Paragraph (b) of subsection (1) and

 7  paragraphs (a) and (b) of subsection (2) of section 985.415,

 8  Florida Statutes, 1998 Supplement, are amended to read:

 9         985.415  Community Juvenile Justice Partnership

10  Grants.--

11         (1)  GRANTS; CRITERIA.--

12         (b)  In awarding these grants, the department shall

13  only consider applications that which at a minimum provide for

14  the following:

15         1.  The participation of the agencies and programs

16  needed to implement the project or program for which the

17  applicant is applying; and

18         2.  The reduction of truancy and in-school and

19  out-of-school suspensions and expulsions, and the enhancement

20  of school safety, and other delinquency early-intervention and

21  diversion services;.

22         3.  The number of youths from 10 through 17 years of

23  age within the geographic area to be served by the program,

24  giving those geographic areas having the highest number of

25  youths from 10 to 17 years of age priority for selection;

26         4.  The extent to which the program targets

27  high-juvenile-crime neighborhoods and those public schools

28  serving juveniles from high-crime neighborhoods;

29         5.  The validity and cost-effectiveness of the program;

30  and

31         6.  The degree to which the program is located in and

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 1  managed by local leaders of the target neighborhoods and

 2  public schools serving the target neighborhoods.

 3         (2)  GRANT APPLICATION PROCEDURES.--

 4         (a)  Each entity wishing to apply for an annual

 5  community juvenile justice partnership grant, which may be

 6  renewed for a maximum of 2 additional years for the same

 7  provision of services, shall submit a grant proposal for

 8  funding or continued funding to the department by March 1 of

 9  each year.  The department shall establish the grant

10  application procedures.  In order to be considered for

11  funding, the grant proposal shall include the following

12  assurances and information:

13         1.  A letter from the chair of the county juvenile

14  justice council confirming that the grant application has been

15  reviewed and found to support one or more purposes or goals of

16  the juvenile justice plan as developed by the council.

17         2.  A rationale and description of the program and the

18  services to be provided, including goals and objectives.

19         3.  A method for identification of the juveniles most

20  likely to be involved at risk of involvement in the juvenile

21  justice system who will be the focus of the program.

22         4.  Provisions for the participation of parents and

23  guardians in the program.

24         5.  Coordination with other community-based and social

25  service prevention efforts, including, but not limited to,

26  drug and alcohol abuse prevention and dropout prevention

27  programs, that serve the target population or neighborhood.

28         6.  An evaluation component to measure the

29  effectiveness of the program in accordance with the provisions

30  of s. 985.412.

31         7.  A program budget, including the amount and sources

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 1  of local cash and in-kind resources committed to the budget.

 2  The proposal must establish to the satisfaction of the

 3  department that the entity will make a cash or in-kind

 4  contribution to the program of a value that is at least equal

 5  to 20 percent of the amount of the grant.

 6         8.  The necessary program staff.

 7         (b)  The department shall consider the following in

 8  awarding such grants:

 9         1.  The number of youths from 10 through 17 years of

10  age within the geographical area to be served by the program.

11  Those geographical areas with the highest number of youths

12  from 10 through 17 years of age shall have priority for

13  selection.

14         2.  The extent to which the program targets high

15  juvenile crime neighborhoods and those public schools serving

16  juveniles from high crime neighborhoods.

17         3.  The validity and cost-effectiveness of the program.

18         4.  The degree to which the program is located in and

19  managed by local leaders of the target neighborhoods and

20  public schools serving the target neighborhoods.

21         1.5.  The recommendations of the juvenile justice

22  council as to the priority that should be given to proposals

23  submitted by entities within a county.

24         2.6.  The recommendations of the juvenile justice board

25  as to the priority that should be given to proposals submitted

26  by entities within a district.

27         Section 18.  Subsection (5) of section 985.417, Florida

28  Statutes, is amended to read:

29         985.417  Transfer of children from the Department of

30  Corrections to the Department of Juvenile Justice.--

31         (5)  Any child who has been convicted of a capital

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 1  felony while under the age of 18 years may not be released

 2  furloughed on community control without the consent of the

 3  Governor and three members of the Cabinet.

 4         Section 19.  Paragraph (d) of subsection (1) of section

 5  419.001, Florida Statutes, 1998 Supplement, is amended to

 6  read:

 7         419.001  Site selection of community residential

 8  homes.--

 9         (1)  For the purposes of this section, the following

10  definitions shall apply:

11         (d)  "Resident" means any of the following:  a frail

12  elder as defined in s. 400.618; a physically disabled or

13  handicapped person as defined in s. 760.22(7)(a); a

14  developmentally disabled person as defined in s. 393.063(11);

15  a nondangerous mentally ill person as defined in s.

16  394.455(18); or a child as defined in s. 39.01(11), s.

17  984.03(9) or (12), or s. 985.03(9) s. 985.03(8).

18         Section 20.  Section 784.075, Florida Statutes, 1998

19  Supplement, is amended to read:

20         784.075  Battery on detention or commitment facility

21  staff.--A person who commits a battery on a juvenile probation

22  officer an intake counselor or case manager, as defined in s.

23  984.03 s. 984.03(31) or s. 985.03 s. 985.03(30), on other

24  staff of a detention center or facility as defined in s.

25  984.03 s. 984.03(19) or s. 985.03 s. 985.03(19), or on a staff

26  member of a commitment facility as defined in s. 985.03(47) s.

27  985.03(45), commits a felony of the third degree, punishable

28  as provided in s. 775.082, s. 775.083, or s. 775.084. For

29  purposes of this section, a staff member of the facilities

30  listed includes persons employed by the Department of Juvenile

31  Justice, persons employed at facilities licensed by the

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 1  Department of Juvenile Justice, and persons employed at

 2  facilities operated under a contract with the Department of

 3  Juvenile Justice.

 4         Section 21.  Section 984.05, Florida Statutes, 1998

 5  Supplement, is amended to read:

 6         984.05  Rules relating to habitual truants; adoption by

 7  Department of Education and Department of Juvenile

 8  Justice.--The Department of Juvenile Justice and the

 9  Department of Education shall work together on the development

10  of, and shall adopt, rules as necessary for the implementation

11  of ss. 232.19, 984.03(29), and 985.03(28) 985.03(27).

12         Section 22.  Subsections (1), (2), (3), and (4) of

13  section 985.227, Florida Statutes, are amended, and subsection

14  (5) is added to that section, to read:

15         985.227  Prosecution of juveniles as adults by the

16  direct filing of an information in the criminal division of

17  the circuit court; discretionary criteria; mandatory

18  criteria.--

19         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

20         (a)  With respect to any child who was 14 or 15 years

21  of age at the time the alleged offense was committed, the

22  state attorney may file an information when in the state

23  attorney's judgment and discretion the public interest

24  requires that adult sanctions be considered or imposed and

25  when the offense charged is for the commission of, attempt to

26  commit, or conspiracy to commit:

27         1.  Arson;

28         2.  Sexual battery;

29         3.  Robbery;

30         4.  Kidnapping;

31         5.  Aggravated child abuse;

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 1         6.  Aggravated assault;

 2         7.  Aggravated stalking;

 3         8.  Murder;

 4         9.  Manslaughter;

 5         10.  Unlawful throwing, placing, or discharging of a

 6  destructive device or bomb;

 7         11.  Armed burglary in violation of s. 810.02(2)(b) or

 8  specified burglary of a dwelling or structure in violation of

 9  s. 810.02(2)(c), or burglary with an assault or battery in

10  violation of s. 810.02(2)(a);

11         12.  Aggravated battery;

12         13.  Lewd or lascivious assault or act in the presence

13  of a child;

14         14.  Carrying, displaying, using, threatening, or

15  attempting to use a weapon or firearm during the commission of

16  a felony; or

17         15.  Grand theft in violation of s. 812.014(2)(a);.

18         16.  Home invasion robbery; or

19         17.  Carjacking.

20         (b)  With respect to any child who was 16 or 17 years

21  of age at the time the alleged offense was committed, the

22  state attorney may file an information when in the state

23  attorney's judgment and discretion the public interest

24  requires that adult sanctions be considered or imposed.

25  However, the state attorney may not file an information on a

26  child charged with a misdemeanor, unless the child has had at

27  least two previous adjudications or adjudications withheld for

28  delinquent acts, one of which involved an offense classified

29  as a felony under state law.

30         (2)  MANDATORY DIRECT FILE.--

31         (a)  With respect to any child who was 16 or 17 years

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 1  of age at the time the alleged offense was committed, the

 2  state attorney shall file an information if the child has been

 3  previously adjudicated delinquent for an act classified as a

 4  felony, which adjudication was for the commission of, attempt

 5  to commit, or conspiracy to commit murder, sexual battery,

 6  armed or strong-armed robbery, carjacking, home-invasion

 7  robbery, aggravated battery, or aggravated assault, and the

 8  child is currently charged with a second or subsequent violent

 9  crime against a person.

10         (b)  Notwithstanding subsection (1), regardless of the

11  child's age at the time the alleged offense was committed, the

12  state attorney must file an information with respect to any

13  child who previously has been adjudicated for offenses which,

14  if committed by an adult, would be felonies and such

15  adjudications occurred at three or more separate delinquency

16  adjudicatory hearings, and three of which resulted in

17  residential commitments as defined in s. 985.03(47) s.

18  985.03(45).

19         (c)  The state attorney must file an information if a

20  child, regardless of the child's age at the time the alleged

21  offense was committed, is alleged to have committed an act

22  that would be a violation of law if the child were an adult,

23  that involves stealing a motor vehicle, including, but not

24  limited to, a violation of s. 812.133, relating to carjacking,

25  or s. 812.014(2)(c)6., relating to grand theft of a motor

26  vehicle, and while the child was in possession of the stolen

27  motor vehicle the child caused serious bodily injury to or the

28  death of a person who was not involved in the underlying

29  offense. For purposes of this section, the driver and all

30  willing passengers in the stolen motor vehicle at the time

31  such serious bodily injury or death is inflicted shall also be

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 1  subject to mandatory transfer to adult court. "Stolen motor

 2  vehicle," for the purposes of this section, means a motor

 3  vehicle that has been the subject of any criminal wrongful

 4  taking. For purposes of this section, "willing passengers"

 5  means all willing passengers who have participated in the

 6  underlying offense.

 7         (3)  EFFECT OF DIRECT FILE.--

 8         (a)  Once a child has been transferred for criminal

 9  prosecution pursuant to an information and has been found to

10  have committed the presenting offense or a lesser included

11  offense, the child shall be handled thereafter in every

12  respect as if an adult for any subsequent violation of state

13  law, unless the court imposes juvenile sanctions under s.

14  985.233.

15         (b)  When a child is transferred for criminal

16  prosecution as an adult, the court shall immediately transfer

17  and certify to the adult circuit appropriate court all felony

18  preadjudicatory cases pertaining to the child, for prosecution

19  of the child as an adult, which have not yet resulted in a

20  plea of guilty or nolo contendere or in which a finding of

21  guilt has not been made.  If a child is acquitted of all

22  charged offenses or lesser included offenses contained in the

23  original case transferred to adult court, all felony cases

24  that were transferred to adult court as a result of this

25  paragraph shall be subject to the same penalties to which such

26  cases would have been subject before being transferred to

27  adult court that pertain to that child which are pending in

28  juvenile court, including, but not limited to, all cases

29  involving offenses that occur or are referred between the date

30  of transfer and sentencing in adult court and all outstanding

31  juvenile disposition orders. The juvenile court shall make

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 1  every effort to dispose of all predispositional cases and

 2  transfer those cases to the adult court prior to adult

 3  sentencing. It is the intent of the Legislature to require all

 4  cases occurring prior to the sentencing hearing in adult court

 5  to be handled by the adult court for final resolution with the

 6  original transfer case.

 7         (c)  When a child has been transferred for criminal

 8  prosecution as an adult and has been found to have committed a

 9  violation of state law, the disposition of the case may be

10  made under s. 985.233 and may include the enforcement of any

11  restitution ordered in any juvenile proceeding.

12         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

13  attorney shall develop and annually update written policies

14  and guidelines to govern determinations for filing an

15  information on a juvenile, to be submitted to the Executive

16  Office of the Governor, the President of the Senate, the

17  Speaker of the House of Representatives, and the Juvenile

18  Justice Advisory Board not later than January 1 of each year.

19         (5)  An information filed pursuant to this section may

20  include all charges that are based on the same act, criminal

21  episode, or transaction as the primary offenses.

22         Section 23.  Paragraph (e) of subsection (3) and

23  paragraph (a) of subsection (4) of section 985.31, Florida

24  Statutes, 1998 Supplement, are amended to read:

25         985.31  Serious or habitual juvenile offender.--

26         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

27  TREATMENT.--

28         (e)  After a child has been adjudicated delinquent

29  pursuant to s. 985.228, the court shall determine whether the

30  child meets the criteria for a serious or habitual juvenile

31  offender pursuant to s. 985.03(49) s. 985.03(47). If the court

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 1  determines that the child does not meet such criteria, the

 2  provisions of s. 985.231(1) shall apply.

 3         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 4         (a)  Pursuant to the provisions of this section, the

 5  department shall implement the comprehensive assessment

 6  instrument for the treatment needs of serious or habitual

 7  juvenile offenders and for the assessment, which assessment

 8  shall include the criteria under s. 985.03(49) s. 985.03(47)

 9  and shall also include, but not be limited to, evaluation of

10  the child's:

11         1.  Amenability to treatment.

12         2.  Proclivity toward violence.

13         3.  Tendency toward gang involvement.

14         4.  Substance abuse or addiction and the level thereof.

15         5.  History of being a victim of child abuse or sexual

16  abuse, or indication of sexual behavior dysfunction.

17         6.  Number and type of previous adjudications, findings

18  of guilt, and convictions.

19         7.  Potential for rehabilitation.

20         Section 24.  Paragraph (e) of subsection (3) and

21  paragraph (a) of subsection (4) of section 985.311, Florida

22  Statutes, 1998 Supplement, are amended to read:

23         985.311  Intensive residential treatment program for

24  offenders less than 13 years of age.--

25         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

26  TREATMENT.--

27         (e)  After a child has been adjudicated delinquent

28  pursuant to s. 985.228(5), the court shall determine whether

29  the child is eligible for an intensive residential treatment

30  program for offenders less than 13 years of age pursuant to s.

31  985.03(8) s. 985.03(7).  If the court determines that the

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 1  child does not meet the criteria, the provisions of s.

 2  985.231(1) shall apply.

 3         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 4         (a)  Pursuant to the provisions of this section, the

 5  department shall implement the comprehensive assessment

 6  instrument for the treatment needs of children who are

 7  eligible for an intensive residential treatment program for

 8  offenders less than 13 years of age and for the assessment,

 9  which assessment shall include the criteria under s. 985.03(8)

10  s. 985.03(7) and shall also include, but not be limited to,

11  evaluation of the child's:

12         1.  Amenability to treatment.

13         2.  Proclivity toward violence.

14         3.  Tendency toward gang involvement.

15         4.  Substance abuse or addiction and the level thereof.

16         5.  History of being a victim of child abuse or sexual

17  abuse, or indication of sexual behavior dysfunction.

18         6.  Number and type of previous adjudications, findings

19  of guilt, and convictions.

20         7.  Potential for rehabilitation.

21         Section 25.  Section 985.312, Florida Statutes, is

22  amended to read:

23         985.312  Intensive residential treatment programs for

24  offenders less than 13 years of age; prerequisite for

25  commitment.--No child who is eligible for commitment to an

26  intensive residential treatment program for offenders less

27  than 13 years of age as established in s. 985.03(8) s.

28  985.03(7), may be committed to any intensive residential

29  treatment program for offenders less than 13 years of age as

30  established in s. 985.311, unless such program has been

31  established by the department through existing resources or

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 1  specific appropriation, for such program.

 2         Section 26.  Section 985.3141, Florida Statutes, is

 3  amended to read:

 4         985.3141  Escapes from secure detention or residential

 5  commitment facility.--An escape from:

 6         (1)  Any secure detention facility maintained for the

 7  temporary detention of children, pending adjudication,

 8  disposition, or placement;

 9         (2)  Any residential commitment facility described in

10  s. 985.03(47) s. 985.03(45), maintained for the custody,

11  treatment, punishment, or rehabilitation of children found to

12  have committed delinquent acts or violations of law; or

13         (3)  Lawful transportation to or from any such secure

14  detention facility or residential commitment facility,

15

16  constitutes escape within the intent and meaning of s. 944.40

17  and is a felony of the third degree, punishable as provided in

18  s. 775.082, s. 775.083, or s. 775.084.

19         Section 27.  Subsection (1) of section 985.234, Florida

20  Statutes, is amended to read:

21         985.234  Appeal.--

22         (1)  An appeal from an order of the court affecting a

23  party to a case involving a child pursuant to this part may be

24  taken to the appropriate district court of appeal within the

25  time and in the manner prescribed by s. 924.051 and the

26  Florida Rules of Appellate Procedure by:

27         (a)  Any child, and any parent or legal guardian or

28  custodian of any child.

29         (b)  The state, which may appeal from:

30         1.  An order dismissing a petition or any section

31  thereof;

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 1         2.  An order granting a new adjudicatory hearing;

 2         3.  An order arresting judgment;

 3         4.  A ruling on a question of law when the child is

 4  adjudicated delinquent and appeals from the judgment;

 5         5.  The disposition, on the ground that it is illegal;

 6         6.  A judgment discharging a child on habeas corpus;

 7         7.  An order adjudicating a child insane under the

 8  Florida Rules of Juvenile Procedure; and

 9         8.  All other preadjudicatory hearings, except that the

10  state may not take more than one appeal under this subsection

11  in any case.

12

13  In the case of an appeal by the state, the notice of appeal

14  shall be filed by the appropriate state attorney or his or her

15  authorized assistant pursuant to the provisions of s. 27.18.

16  Such an appeal shall embody all assignments of error in each

17  preadjudicatory hearing order that the state seeks to have

18  reviewed. The state shall pay all costs of the appeal except

19  for the child's attorney's fee.

20         Section 28.  Section 985.315, Florida Statutes, 1998

21  Supplement, is amended to read:

22         985.315  Educational/technical and vocational

23  work-related work training programs.--

24         (1)(a)  It is the finding of the Legislature that the

25  educational/technical and vocational work-related work

26  programs of the Department of Juvenile Justice are uniquely

27  different from other programs operated or conducted by other

28  departments in that it is essential to the state that these

29  the work programs provide juveniles with useful information

30  and activities that can lead to meaningful employment after

31  release in order to assist in reducing the return of juveniles

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 1  to the system.

 2         (b)  It is further the finding of the Legislature that

 3  the mission of a juvenile educational/technical and vocational

 4  work-related work program is, in order of priority:

 5         1.  To provide a joint effort between the department,

 6  the juvenile work programs, and educational/technical and

 7  other vocational training programs to reinforce relevant

 8  education, training, and postrelease job placement, and help

 9  reduce recommitment.

10         2.  To serve the security goals of the state through

11  the reduction of idleness of juveniles and the provision of an

12  incentive for good behavior in residential commitment

13  facilities.

14         3.  To teach youth in juvenile justice programs

15  relevant job skills and the fundamentals of a trade in order

16  to prepare them for placement in the workforce.

17         (c)  It is further the finding of the Legislature that

18  a program which duplicates as closely as possible free-work

19  production and service operations in order to aid juveniles in

20  adjustment after release and to prepare juveniles for gainful

21  employment is in the best interest of the state, juveniles,

22  and the general public.

23         (2)(a)  The department is strongly encouraged to may

24  require juveniles placed in a high-risk residential,

25  maximum-risk residential, or a serious/habitual offender

26  program to participate in an educational/technical or a

27  vocational work-related work program 5 hours per day, 5 days

28  per week.  All policies developed by the department relating

29  to this requirement must be consistent with applicable

30  federal, state, and local labor laws and standards, including

31  all laws relating to child labor.

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 1         (b)  Nothing in this subsection is intended to restore,

 2  in whole or in part, the civil rights of any juvenile.  No

 3  juvenile compensated under this subsection shall be considered

 4  as an employee of the state or the department, nor shall such

 5  juvenile come within any other provision of the Workers'

 6  Compensation Law.

 7         (3)  In adopting or modifying master plans for juvenile

 8  work programs and educational/technical and vocational

 9  training programs, and in the administration of the Department

10  of Juvenile Justice, it shall be the objective of the

11  department to develop:

12         (a)  Attitudes favorable to work, the work situation,

13  and a law-abiding life in each juvenile employed in the

14  juvenile work program.

15         (b)  Education and training opportunities that are

16  reasonably broad, but which develop specific work skills.

17         (c)  Programs that motivate juveniles to use their

18  abilities. Juveniles who do not adjust to these programs shall

19  be reassigned.

20         (d)  Education and training programs that will be of

21  mutual benefit to all governmental jurisdictions of the state

22  by reducing the costs of government to the taxpayers and which

23  integrate all instructional programs into a unified curriculum

24  suitable for all juveniles, but taking account of the

25  different abilities of each juvenile.

26         (e)  A logical sequence of educational/technical or

27  vocational training, employment by the juvenile vocational

28  work programs, and postrelease job placement for juveniles

29  participating in juvenile work programs.

30         (4)(a)  The Department of Juvenile Justice shall

31  establish guidelines for the operation of juvenile

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 1  educational/technical and vocational work-related work

 2  programs, which shall include the following procedures:

 3         1.  Participation in the educational/technical and

 4  vocational work-related programs shall be on a 5-day-per-week,

 5  5-hour-per-day basis.

 6         2.1.  The education, training, work experience,

 7  emotional and mental abilities, and physical capabilities of

 8  the juvenile and the duration of the term of placement imposed

 9  on the juvenile are to be analyzed before assignment of the

10  juvenile inmate into the various processes best suited for

11  educational/technical or vocational training.

12         3.2.  When feasible, the department shall attempt to

13  obtain education or training credit for a juvenile seeking

14  apprenticeship status or a high school diploma or its

15  equivalent.

16         4.3.  The juvenile may begin in a general education and

17  work skills program and progress to a specific work skills

18  training program, depending upon the ability, desire, and

19  education and work record of the juvenile.

20         5.4.  Modernization and upgrading of equipment and

21  facilities should include greater automation and improved

22  production techniques to expose juveniles to the latest

23  technological procedures to facilitate their adjustment to

24  real work situations.

25         (b)  Evaluations of juvenile educational/technical and

26  vocational work-related work programs shall be conducted

27  according to the following guidelines:

28         1.  Systematic evaluations and quality assurance

29  monitoring shall be implemented, in accordance with ss.

30  985.401(4) and 985.412(1), to determine whether the juvenile

31  vocational work programs are related to successful postrelease

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 1  adjustments.

 2         2.  Operations and policies of the work programs shall

 3  be reevaluated to determine if they are consistent with their

 4  primary objectives.

 5         (c)  The department shall seek the advice of private

 6  labor and management to:

 7         1.  Assist its work programs in the development of

 8  statewide policies aimed at innovation and organizational

 9  change.

10         2.  Obtain technical and practical assistance,

11  information, and guidance.

12         3.  Encourage the cooperation and involvement of the

13  private sector.

14         4.  Assist in the placement of youth into meaningful

15  jobs upon release from the residential program.

16         (d)  The department and providers are strongly

17  encouraged to work in partnership with local businesses and

18  trade groups in the development and operation of

19  educational/technical and vocational programs.

20         (5)(a)  The Department of Juvenile Justice may adopt

21  and put into effect an agricultural and industrial production

22  and marketing program to provide training facilities for

23  persons placed in serious/habitual offender, high-risk

24  residential, and maximum-risk residential programs and

25  facilities under the control and supervision of the

26  department.  The emphasis of this program shall be to provide

27  juveniles with useful work experience and appropriate job

28  skills that will facilitate their reentry into society and

29  provide an economic benefit to the public and the department

30  through effective utilization of juveniles.

31         (b)  The department is authorized to contract with the

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 1  private sector for substantial involvement in a juvenile

 2  industry program which includes the operation of a direct

 3  private sector business within a juvenile facility and the

 4  hiring of juvenile workers.  The purposes and objectives of

 5  this program shall be to:

 6         1.  Increase benefits to the general public by

 7  reimbursement to the state for a portion of the costs of

 8  juvenile residential care.

 9         2.  Provide purposeful work for juveniles as a means of

10  reducing tensions caused by confinement.

11         3.  Increase job skills.

12         4.  Provide additional opportunities for rehabilitation

13  of juveniles who are otherwise ineligible to work outside the

14  facilities, such as maximum security juveniles.

15         5.  Develop and establish new models for juvenile

16  facility-based businesses which create jobs approximating

17  conditions of private sector employment.

18         6.  Draw upon the economic base of operations for

19  disposition to the Crimes Compensation Trust Fund.

20         7.  Substantially involve the private sector with its

21  capital, management skills, and expertise in the design,

22  development, and operation of businesses.

23         (c)  Notwithstanding any other law to the contrary,

24  including s. 440.15(9), private sector employers shall provide

25  juveniles participating in juvenile work programs under

26  paragraph (b) with workers' compensation coverage, and

27  juveniles shall be entitled to the benefits of such coverage.

28  Nothing in this subsection shall be construed to allow

29  juveniles to participate in unemployment compensation

30  benefits.

31         (6)  The Juvenile Justice Accountability Board shall

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 1  conduct a study regarding the types of effective juvenile

 2  vocational and work programs in operation across the country,

 3  relevant research on what makes programs effective, the key

 4  ingredients of effective juvenile vocational and work

 5  programs, and the status of such programs in juvenile

 6  facilities across the state.  The board shall report its

 7  findings and make recommendations on how to expand and improve

 8  these programs no later than January 31, 2000, to the

 9  President of the Senate, the Speaker of the House of

10  Representatives, and the Secretary of Juvenile Justice.

11         (7)  The department, working with providers, shall

12  inventory juvenile vocational and work training programs in

13  use in commitment programs across the state.  The inventory

14  shall list the commitment program, the type of vocational or

15  work program offered, the relevant job skills provided, and

16  which programs work with the trades industry to place youth in

17  jobs upon release.

18         Section 29.  Paragraph (c) of subsection (4) of section

19  985.201, Florida Statutes, is amended to read:

20         985.201  Jurisdiction.--

21         (4)

22         (c)  The court may retain jurisdiction over a child and

23  the child's parent or legal guardian whom the court has

24  ordered to pay restitution until the restitution order is

25  satisfied or until the court orders otherwise. If the court

26  retains such jurisdiction after the date upon which the

27  court's jurisdiction would cease under this section, it shall

28  do so solely for the purpose of enforcing the restitution

29  order. The terms of the restitution order are subject to the

30  provisions of s. 775.089(5) s. 775.089(6).

31         Section 30.  Subsection (4) of section 985.21, Florida

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                                                  SENATE AMENDMENT

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 1  Statutes, 1998 Supplement, is amended to read:

 2         985.21  Intake and case management.--

 3         (4)  The juvenile probation officer shall make a

 4  preliminary determination as to whether the report, affidavit,

 5  or complaint is complete, consulting with the state attorney

 6  as may be necessary. In any case where the juvenile probation

 7  officer or the state attorney finds that the report,

 8  affidavit, or complaint is insufficient by the standards for a

 9  probable cause affidavit, the juvenile probation officer or

10  state attorney shall return the report, affidavit, or

11  complaint, without delay, to the person or agency originating

12  the report, affidavit, or complaint or having knowledge of the

13  facts or to the appropriate law enforcement agency having

14  investigative jurisdiction of the offense, and shall request,

15  and the person or agency shall promptly furnish, additional

16  information in order to comply with the standards for a

17  probable cause affidavit.

18         (a)  The juvenile probation officer, upon determining

19  that the report, affidavit, or complaint is complete, may, in

20  the case of a child who is alleged to have committed a

21  delinquent act or violation of law, recommend that the state

22  attorney file a petition of delinquency or an information or

23  seek an indictment by the grand jury. However, such a

24  recommendation is not a prerequisite for any action taken by

25  the state attorney.

26         (a)(b)  The juvenile probation officer, upon

27  determining that the report, affidavit, or complaint is

28  complete, pursuant to uniform procedures established by the

29  department, shall:

30         1.  When indicated by the preliminary screening,

31  provide for a comprehensive assessment of the child and family

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 1  for substance abuse problems, using community-based licensed

 2  programs with clinical expertise and experience in the

 3  assessment of substance abuse problems.

 4         2.  When indicated by the preliminary screening,

 5  provide for a comprehensive assessment of the child and family

 6  for mental health problems, using community-based

 7  psychologists, psychiatrists, or other licensed mental health

 8  professionals with clinical expertise and experience in the

 9  assessment of mental health problems.

10

11  When indicated by the comprehensive assessment, the department

12  is authorized to contract within appropriated funds for

13  services with a local nonprofit community mental health or

14  substance abuse agency licensed or authorized under chapter

15  394, or chapter 397, or other authorized nonprofit social

16  service agency providing related services. The determination

17  of mental health or substance abuse services shall be

18  conducted in coordination with existing programs providing

19  mental health or substance abuse services in conjunction with

20  the intake office. Client information resulting from the

21  screening and evaluation shall be documented pursuant to rules

22  established by the department and shall serve to assist the

23  juvenile probation officer in providing the most appropriate

24  services and recommendations in the least intrusive manner.

25  Such client information shall be used in the multidisciplinary

26  assessment and classification of the child, but such

27  information, and any information obtained directly or

28  indirectly through the assessment process, is inadmissible in

29  court prior to the disposition hearing, unless the child's

30  written consent is obtained. At the disposition hearing,

31  documented client information shall serve to assist the court

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 1  in making the most appropriate custody, adjudicatory, and

 2  dispositional decision. If the screening and assessment

 3  indicate that the interest of the child and the public will be

 4  best served thereby, the juvenile probation officer, with the

 5  approval of the state attorney, may refer the child for care,

 6  diagnostic and evaluation services, substance abuse treatment

 7  services, mental health services, retardation services, a

 8  diversionary or arbitration or mediation program, community

 9  service work, or other programs or treatment services

10  voluntarily accepted by the child and the child's parents or

11  legal guardians. The victim, if any, and the law enforcement

12  agency which investigated the offense shall be notified

13  immediately by the state attorney of the action taken under

14  this paragraph. Whenever a child volunteers to participate in

15  any work program under this chapter or volunteers to work in a

16  specified state, county, municipal, or community service

17  organization supervised work program or to work for the

18  victim, the child shall be considered an employee of the state

19  for the purposes of liability. In determining the child's

20  average weekly wage, unless otherwise determined by a specific

21  funding program, all remuneration received from the employer

22  is considered a gratuity, and the child is not entitled to any

23  benefits otherwise payable under s. 440.15, regardless of

24  whether the child may be receiving wages and remuneration from

25  other employment with another employer and regardless of the

26  child's future wage-earning capacity.

27         (b)(c)  The juvenile probation officer, upon

28  determining that the report, affidavit, or complaint complies

29  with the standards of a probable cause affidavit and that the

30  interest of the child and the public will be best served, may

31  recommend that a delinquency petition not be filed. If such a

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 1  recommendation is made, the juvenile probation officer shall

 2  advise in writing the person or agency making the report,

 3  affidavit, or complaint, the victim, if any, and the law

 4  enforcement agency having investigative jurisdiction of the

 5  offense of the recommendation and the reasons therefor; and

 6  that the person or agency may submit, within 10 days after the

 7  receipt of such notice, the report, affidavit, or complaint to

 8  the state attorney for special review. The state attorney,

 9  upon receiving a request for special review, shall consider

10  the facts presented by the report, affidavit, or complaint,

11  and by the juvenile probation officer who made the

12  recommendation that no petition be filed, before making a

13  final decision as to whether a petition or information should

14  or should not be filed.

15         (c)(d)  Subject to the interagency agreement authorized

16  under this paragraph, the juvenile probation officer for each

17  case in which a child is alleged to have committed a violation

18  of law or delinquent act and is not detained In all cases in

19  which the child is alleged to have committed a violation of

20  law or delinquent act and is not detained, the juvenile

21  probation officer shall submit a written report to the state

22  attorney, including the original report, complaint, or

23  affidavit, or a copy thereof, including a copy of the child's

24  prior juvenile record, within 20 days after the date the child

25  is taken into custody. In cases in which the child is in

26  detention, the intake office report must be submitted within

27  24 hours after the child is placed into detention. The intake

28  office report may include a recommendation must recommend

29  either that a petition or information be filed or that no

30  petition or information be filed, and may must set forth

31  reasons for the recommendation. The State Attorney and the

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 1  Department of Juvenile Justice may, on a district-by-district

 2  basis, enter into interagency agreements denoting the cases

 3  that will require a recommendation and those for which a

 4  recommendation is unnecessary.

 5         (d)(e)  The state attorney may in all cases take action

 6  independent of the action or lack of action of the juvenile

 7  probation officer, and shall determine the action which is in

 8  the best interest of the public and the child. If the child

 9  meets the criteria requiring prosecution as an adult pursuant

10  to s. 985.226, the state attorney shall request the court to

11  transfer and certify the child for prosecution as an adult or

12  shall provide written reasons to the court for not making such

13  request. In all other cases, the state attorney may:

14         1.  File a petition for dependency;

15         2.  File a petition pursuant to chapter 984;

16         3.  File a petition for delinquency;

17         4.  File a petition for delinquency with a motion to

18  transfer and certify the child for prosecution as an adult;

19         5.  File an information pursuant to s. 985.227;

20         6.  Refer the case to a grand jury;

21         7.  Refer the child to a diversionary, pretrial

22  intervention, arbitration, or mediation program, or to some

23  other treatment or care program if such program commitment is

24  voluntarily accepted by the child or the child's parents or

25  legal guardians; or

26         8.  Decline to file.

27         (e)(f)  In cases in which a delinquency report,

28  affidavit, or complaint is filed by a law enforcement agency

29  and the state attorney determines not to file a petition, the

30  state attorney shall advise the clerk of the circuit court in

31  writing that no petition will be filed thereon.

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 1         Section 31.  Subsection (4) of section 985.225, Florida

 2  Statutes, is amended to read:

 3         985.225  Indictment of a juvenile.--

 4         (4)(a)  Once a child has been indicted pursuant to this

 5  subsection and has been found to have committed any offense

 6  for which he or she was indicted as a part of the criminal

 7  episode, the child shall be handled thereafter in every

 8  respect as if an adult for any subsequent violation of state

 9  law, unless the court imposes juvenile sanctions under s.

10  985.233.

11         (b)  When a child has been indicted pursuant to this

12  subsection the court shall immediately transfer and certify to

13  the adult circuit court all felony cases pertaining to the

14  child, for prosecution of the child as an adult, which have

15  not yet resulted in a plea of guilty or nolo contendere or in

16  which a finding of guilt has not been made. If the child is

17  acquitted of all charged offenses or lesser included offenses

18  contained in the indictment case, all felony cases that were

19  transferred to adult court pursuant to this paragraph shall be

20  subject to the same penalties such cases were subject to

21  before being transferred to adult court.

22         Section 32.  Subsection (6) of section 985.218, Florida

23  Statutes, 1998 Supplement, is repealed.

24         Section 33.  Subsections (2) and (4) of section

25  985.226, Florida Statutes, 1998 Supplement, are amended to

26  read:

27         985.226  Criteria for waiver of juvenile court

28  jurisdiction; hearing on motion to transfer for prosecution as

29  an adult.--

30         (2)  INVOLUNTARY WAIVER.--

31         (a)  Discretionary involuntary waiver.--Except as

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 1  provided in paragraph (b), the state attorney may file a

 2  motion requesting the court to transfer the child for criminal

 3  prosecution if the child was 14 years of age or older at the

 4  time the alleged delinquent act or violation of law was

 5  committed.

 6         (b)  Mandatory waiver.--

 7         1.  If the child was 14 years of age or older, and if

 8  the child has been previously adjudicated delinquent for an

 9  act classified as a felony, which adjudication was for the

10  commission of, attempt to commit, or conspiracy to commit

11  murder, sexual battery, armed or strong-armed robbery,

12  carjacking, home-invasion robbery, aggravated battery, or

13  aggravated assault, or burglary with an assault or battery,

14  and the child is currently charged with a second or subsequent

15  violent crime against a person; or, the state attorney shall

16  file a motion requesting the court to transfer and certify the

17  juvenile for prosecution as an adult, or proceed pursuant to

18  s. 985.227(1).

19         2.(b)  Mandatory involuntary waiver.--If the child was

20  14 years of age or older at the time of commission of a fourth

21  or subsequent alleged felony offense and the child was

22  previously adjudicated delinquent or had adjudication withheld

23  for or was found to have committed, or to have attempted or

24  conspired to commit, three offenses that are felony offenses

25  if committed by an adult, and one or more of such felony

26  offenses involved the use or possession of a firearm or

27  violence against a person;,

28

29  the state attorney shall request the court to transfer and

30  certify the child for prosecution as an adult or shall provide

31  written reasons to the court for not making such request, or

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 1  proceed pursuant to s. 985.227(1).  Upon the state attorney's

 2  request, the court shall either enter an order transferring

 3  the case and certifying the case for trial as if the child

 4  were an adult or provide written reasons for not issuing such

 5  an order.

 6         (4)  EFFECT OF ORDER WAIVING JURISDICTION.--

 7         (a)  If the court finds, after a waiver hearing under

 8  subsection (3), that a juvenile who was 14 years of age or

 9  older at the time the alleged violation of state law was

10  committed should be charged and tried as an adult, the court

11  shall enter an order transferring the case and certifying the

12  case for trial as if the child were an adult. The child shall

13  thereafter be subject to prosecution, trial, and sentencing as

14  if the child were an adult but subject to the provisions of s.

15  985.233. Once a child has been transferred for criminal

16  prosecution pursuant to an involuntary waiver hearing and has

17  been found to have committed the presenting offense or a

18  lesser included offense, the child shall thereafter be handled

19  in every respect as an adult for any subsequent violation of

20  state law, unless the court imposes juvenile sanctions under

21  s. 985.233.

22         (b)  When a child is transferred for criminal

23  prosecution as an adult, the court shall immediately transfer

24  and certify to the adult circuit court all felony cases

25  pertaining to the child, for prosecution of the child as an

26  adult, which have not yet resulted in a plea of guilty or nolo

27  contendere or in which a finding of guilt has not been made.

28  If the child is acquitted of all charged offenses or lesser

29  included offenses contained in the original case transferred

30  to adult court, all felony cases that were transferred to

31  adult court pursuant to this paragraph shall be subject to the

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 1  same penalties such cases were subject to before being

 2  transferred to adult court.

 3         Section 34.  Subsection (7) is added to section

 4  985.228, Florida Statutes, to read:

 5         985.228  Adjudicatory hearings; withheld adjudications;

 6  orders of adjudication.--

 7         (7)  Notwithstanding any other provision of law, an

 8  adjudication of delinquency for an offense classified as a

 9  felony shall disqualify a person from lawfully possessing a

10  firearm until such person reaches 24 years of age.

11         Section 35.  Subsections (1) and (2) of section 790.23,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         790.23  Felons and delinquents; possession of firearms

14  or electric weapons or devices unlawful.--

15         (1)  It is unlawful for any person to own or to have in

16  his or her care, custody, possession, or control any firearm

17  or electric weapon or device, or to carry a concealed weapon,

18  including a tear gas gun or chemical weapon or device, if that

19  person has been:

20         (a)  Convicted of a felony or found to have committed a

21  delinquent act that would be a felony if committed by an adult

22  in the courts of this state;

23         (b)  Found, in the courts of this state, to have

24  committed a delinquent act that would be a felony if committed

25  by an adult and such person is under 24 years of age.

26         (c)(b)  Convicted of or found to have committed a crime

27  against the United States which is designated as a felony;

28         (d)(c)  Found to have committed a delinquent act in

29  another state, territory, or country that would be a felony if

30  committed by an adult and which was punishable by imprisonment

31  for a term exceeding 1 year and such person is under 24 years

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 1  of age; or

 2         (e)(d)  Found guilty of an offense that is a felony in

 3  another state, territory, or country and which was punishable

 4  by imprisonment for a term exceeding 1 year.

 5         (2)  This section shall not apply to a person convicted

 6  of a felony whose civil rights and firearm authority have been

 7  restored, or to a person found to have committed a delinquent

 8  act that would be a felony if committed by an adult with

 9  respect to which the jurisdiction of the court pursuant to

10  chapter 985 has expired.

11         Section 36.  Section 985.313, Florida Statutes, is

12  amended to read:

13         985.313  Juvenile correctional facilities or juvenile

14  prison Maximum-risk residential program.--A juvenile

15  correctional facility or juvenile prison maximum-risk

16  residential program is a physically secure residential

17  commitment program with a designated length of stay from 18

18  months to 36 months, primarily serving children 13 years of

19  age to 19 years of age, or until the jurisdiction of the court

20  expires. The court may retain jurisdiction over the child

21  until the child reaches the age of 21, specifically for the

22  purpose of the child completing the program. Each child

23  committed to this level must meet one of the following

24  criteria:

25         (1)  The youth is at least 13 years of age at the time

26  of the disposition for the current offense and has been

27  adjudicated on the current offense for:

28         (a)  Arson;

29         (b)  Sexual battery;

30         (c)  Robbery;

31         (d)  Kidnapping;

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 1         (e)  Aggravated child abuse;

 2         (f)  Aggravated assault;

 3         (g)  Aggravated stalking;

 4         (h)  Murder;

 5         (i)  Manslaughter;

 6         (j)  Unlawful throwing, placing, or discharging of a

 7  destructive device or bomb;

 8         (k)  Armed burglary;

 9         (l)  Aggravated battery;

10         (m)  Carjacking;

11         (n)  Home-invasion robbery;

12         (o)  Burglary with an assault or battery;

13         (p)(m)  Lewd or lascivious assault or act in the

14  presence of a child; or

15         (q)(n)  Carrying, displaying, using, threatening to

16  use, or attempting to use a weapon or firearm during the

17  commission of a felony.

18         (2)  The youth is at least 13 years of age at the time

19  of the disposition, the current offense is a felony, and the

20  child has previously been committed three or more times to a

21  delinquency commitment program.

22         (3)  The youth is at least 13 years of age and is

23  currently committed for a felony offense and transferred from

24  a moderate-risk or high-risk residential commitment placement.

25         (4)  The youth is at least 13 years of age at the time

26  of the disposition for the current offense, the youth is

27  eligible for prosecution as an adult for the current offense,

28  and the current offense is ranked at level 7 or higher on the

29  Criminal Punishment Code offense severity ranking chart

30  pursuant to s. 921.0022.

31         Section 37.  Subsections (43) and (44) are added to

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 1  section 228.041, Florida Statutes, 1998 Supplement, to read:

 2         228.041  Definitions.--Specific definitions shall be as

 3  follows, and wherever such defined words or terms are used in

 4  the Florida School Code, they shall be used as follows:

 5         (43)  SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For

 6  schools operating for the purpose of providing educational

 7  services to youth in Department of Juvenile Justice programs,

 8  the school year shall be comprised of 250 days of instruction

 9  distributed over 12 months. A district school board may

10  decrease the minimum number of days of instruction by up to 10

11  days for teacher planning.

12         (44)  JUVENILE JUSTICE PROVIDER.--"Juvenile justice

13  provider" means the Department of Juvenile Justice or a

14  private, public, or other governmental organization under

15  contract with the Department of Juvenile Justice which

16  provides treatment, care and custody, or educational programs

17  for youth in juvenile justice intervention, detention, or

18  commitment programs.

19         Section 38.  Section 228.051, Florida Statutes, is

20  amended to read:

21         228.051  Organization and funding of required public

22  schools.--The public schools of the state shall provide 13

23  consecutive years of instruction, beginning with kindergarten,

24  and shall also provide such instruction for exceptional

25  children and youth in Department of Juvenile Justice programs

26  as may be required by law.  The funds for support and

27  maintenance of such schools shall be derived from state,

28  district, federal, or other lawful sources or combinations of

29  sources and shall include any tuition fees charged

30  nonresidents as provided by law.  Public schools,

31  institutions, and agencies providing this instruction shall

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 1  constitute the uniform system of free public schools

 2  prescribed by Art. IX of the State Constitution.

 3         Section 39.  Section 228.081, Florida Statutes, is

 4  amended to read:

 5         228.081  Other public educational services.--

 6         (1)  The general control of other public educational

 7  services shall be vested in the state board except as provided

 8  herein.  The state board shall, at the request of the

 9  Department of Children and Family Services and the Department

10  of Juvenile Justice, advise as to standards and requirements

11  relating to education to be met in all state schools or

12  institutions under their control which provide educational

13  programs.  The Department of Education shall provide

14  supervisory services for the educational programs of all such

15  schools or institutions.  The direct control of any of these

16  services provided as part of the district program of education

17  shall rest with the school board.  These services shall be

18  supported out of state, district, federal, or other lawful

19  funds, depending on the requirements of the services being

20  supported.

21         (2)  The Department of Education shall recommend and by

22  August 1, 1999, the state board shall adopt an administrative

23  rule articulating expectations for high-quality, effective

24  education programs for youth in Department of Juvenile Justice

25  programs, including, but not limited to, education programs in

26  juvenile justice commitment and detention facilities. The rule

27  shall articulate policies and standards for education programs

28  for youth in Department of Juvenile Justice programs and shall

29  include the following:

30         (a)  The interagency collaborative process needed to

31  ensure effective programs with measurable results.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         (b)  The responsibilities of the Department of

 2  Education, the Department of Juvenile Justice, school

 3  districts, and providers of education services to youth in

 4  Department of Juvenile Justice programs.

 5         (c)  Academic expectations.

 6         (d)  Service delivery options available to school

 7  districts, including direct service and contracting.

 8         (e)  Assessment procedures, which:

 9         1.  Include appropriate academic and vocational

10  assessments administered at program entry and exit which are

11  selected by the Department of Education in partnership with

12  representatives from the Department of Juvenile Justice,

13  school districts, and providers.

14         2.  Require school districts to be responsible for

15  ensuring the completion of the assessment process.

16         3.  Require assessments for students in detention who

17  will move on to commitment facilities, to be designed to

18  create the foundation for developing the student's education

19  program in the assigned commitment facility.

20         4.  Require assessments of students sent directly to

21  commitment facilities to be completed within the first week of

22  the student's commitment.

23

24  The results of these assessments, together with a portfolio

25  depicting the student's academic and vocational

26  accomplishments, shall be included in the discharge package

27  assembled for each youth.

28         (f)  Recommended instructional programs including, but

29  not limited to, vocational training and job preparation.

30         (g)  Funding requirements, which shall include the

31  requirement that at least 80 percent of the FEFP funds

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  generated by students in Department of Juvenile Justice

 2  Programs be spent on instructional costs for those students.

 3  One hundred percent of the formula-based categorial funds

 4  generated by students in Department of Juvenile Justice

 5  Programs must be spent on appropriate categoricals such as

 6  instructional materials and public school technology for those

 7  students.

 8         (h)  Qualifications of instructional staff, procedures

 9  for the selection of instructional staff, and procedures to

10  ensure consistent instruction and qualified staff year round.

11         (i)  Transition services, including the roles and

12  responsibilities of appropriate personnel in school districts,

13  provider organizations, and the Department of Juvenile

14  Justice.

15         (j)  Procedures and timeframe for transfer of education

16  records when a youth enters and leaves a facility.

17         (k)  The requirement that each school district maintain

18  an academic transcript for each student enrolled in a juvenile

19  justice facility which delineates each course completed by the

20  student as provided by the State Course Code Directory.

21         (l)  The requirement that each school district make

22  available and transmit a copy of a student's transcript in the

23  discharge packet when the student exits a facility.

24         (m)  Contract requirements.

25         (n)  Performance expectations for providers and school

26  districts, including the provision of academic improvement

27  plan as required in s. 232.245.

28         (o)  The role and responsibility of the school district

29  in securing workforce development funds.

30         (p)  A series of graduated sanctions for school

31  districts whose educational programs in Department of Juvenile

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  Justice facilities are considered to be unsatisfactory and for

 2  instances in which school districts fail to meet standards

 3  prescribed by law, rule, or State Board of Education policy.

 4  These sanctions shall include the option of requiring a school

 5  district to contract with a provider or another school

 6  district if the educational program at the Department of

 7  Juvenile Justice facility has failed a quality assurance

 8  review and after 6 months, is still performing below minimum

 9  standards.

10         (q)  Other aspects of program operations.

11         (3)  By January 1, 2000, the Department of Education in

12  partnership with the Department of Juvenile Justice, school

13  districts, and providers shall:

14         (a)  Develop model contracts for the delivery of

15  appropriate education services to youth in Department of

16  Juvenile Justice programs to be used for the development of

17  future contracts. The model contracts shall reflect the policy

18  and standards included in subsection (2). The Department of

19  Education shall ensure that appropriate school district

20  personnel are trained and held accountable for the management

21  and monitoring of contracts for education programs for youth

22  in juvenile justice residential and nonresidential facilities.

23         (b)  Develop model procedures for transitioning youth

24  into and out of Department of Juvenile Justice programs. These

25  procedures shall reflect the policy and standards adopted

26  pursuant to subsection (2).

27         (c)  Develop standardized required content of education

28  records to be included as part of a youth's commitment record.

29  These requirements shall reflect the policy and standards

30  adopted pursuant to subsection (2) and shall include, but not

31  be limited to, the following:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         1.  A copy of the student's individualized education

 2  plan;

 3         2.  Assessment data, including grade level proficiency

 4  in reading, writing, and mathematics, and performance on tests

 5  taken according to s. 229.57;

 6         3.  A copy of the student's permanent cumulative

 7  record; and

 8         4.  A copy of the student's academic transcript.

 9         5.  A portfolio reflecting the youth's academic

10  accomplishments while in the Department of Juvenile Justice

11  program.

12         (d)  Develop model procedures for securing the

13  education record and the roles and responsibilities of the

14  juvenile probation officer and others involved in the

15  withdrawal of the student from school and assignment to a

16  commitment or detention facility. Effective for the 2000-2001

17  school year and thereafter, school districts shall be required

18  to respond to requests for student education records received

19  from another school district or a juvenile justice facility

20  within 5 working days of receiving the request.

21         (4)  The Department of Education shall ensure that

22  school districts notify students in juvenile justice

23  residential or nonresidential facilities who attain the age of

24  16 years of the provisions of s. 232.01(1)(c) regarding

25  compulsory school attendance and make available the option of

26  enrolling in a program to attain a general education

27  development diploma prior to release from the facility. School

28  districts or community colleges, or both, shall waive GED

29  testing fees for youth in Department of Juvenile Justice

30  residential programs and shall, upon request, designate

31  schools operating for the purpose of providing educational

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  services to youth in Department of Juvenile Justice programs

 2  as GED testing centers, subject to GED testing center

 3  requirements.

 4         (5)  The Department of Education shall establish and

 5  operate, either directly or indirectly through a contract, a

 6  mechanism to provide quality assurance reviews of all juvenile

 7  justice education programs and shall provide technical

 8  assistance and related research to school districts and

 9  providers on how to establish, develop, and operate

10  educational programs that exceed the minimum quality assurance

11  standards.

12         Section 40.  Subsection (3) of section 229.57, Florida

13  Statutes, 1998 Supplement, is amended to read.

14         229.57  Student assessment program.--

15         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner is

16  directed to design and implement a statewide program of

17  educational assessment that provides information for the

18  improvement of the operation and management of the public

19  schools including schools operating for the purpose of

20  providing educational services to youth in Department of

21  Juvenile Justice programs. The program must be designed, as

22  far as possible, so as not to conflict with ongoing district

23  assessment programs and so as to use information obtained from

24  district programs.  Pursuant to the statewide assessment

25  program, the commissioner shall:

26         (a)  Submit to the state board a list that specifies

27  student skills and competencies to which the goals for

28  education specified in the state plan apply, including, but

29  not limited to, reading, writing, and mathematics.  The skills

30  and competencies must include problem-solving and higher-order

31  skills as appropriate.  The commissioner shall select such

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  skills and competencies after receiving recommendations from

 2  educators, citizens, and members of the business community.

 3  The commissioner shall submit to the state board revisions to

 4  the list of student skills and competencies in order to

 5  maintain continuous progress toward improvements in student

 6  proficiency.

 7         (b)  Develop and implement a uniform system of

 8  indicators to describe the performance of public school

 9  students and the characteristics of the public school

10  districts and the public schools.  These indicators must

11  include, without limitation, information gathered by the

12  comprehensive management information system created pursuant

13  to s. 229.555 and student achievement information obtained

14  pursuant to this section.

15         (c)  Develop and implement a student achievement

16  testing program as part of the statewide assessment program,

17  to be administered at designated times at the elementary,

18  middle, and high school levels to measure reading, writing,

19  and mathematics.  The testing program must be designed so

20  that:

21         1.  The tests measure student skills and competencies

22  adopted by the state board as specified in paragraph (a).  The

23  tests must measure and report student proficiency levels in

24  reading, writing, and mathematics.  Other content areas may be

25  included as directed by the commissioner.  The commissioner

26  shall provide for the tests to be developed or obtained, as

27  appropriate, through contracts and project agreements with

28  private vendors, public vendors, public agencies,

29  postsecondary institutions, or school districts.  The

30  commissioner shall obtain input with respect to the design and

31  implementation of the testing program from state educators and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  the public.

 2         2.  The tests are criterion-referenced and include, to

 3  the extent determined by the commissioner, items that require

 4  the student to produce information or perform tasks in such a

 5  way that the skills and competencies he or she uses can be

 6  measured.

 7         3.  Each testing program, whether at the elementary,

 8  middle, or high school level, includes a test of writing in

 9  which students are required to produce writings which are then

10  scored by appropriate methods.

11         4.  A score is designated for each subject area tested,

12  below which score a student's performance is deemed

13  inadequate.  The school districts shall provide appropriate

14  remedial instruction to students who score below these levels.

15         5.  All 11th grade students take a high school

16  competency test developed by the state board to test minimum

17  student performance skills and competencies in reading,

18  writing, and mathematics. The test must be based on the skills

19  and competencies adopted by the state board pursuant to

20  paragraph (a). Upon recommendation of the commissioner, the

21  state board shall designate a passing score for each part of

22  the high school competency test. In establishing passing

23  scores, the state board shall consider any possible negative

24  impact of the test on minority students. The commissioner may

25  establish criteria whereby a student who successfully

26  demonstrates proficiency in either reading or mathematics or

27  both may be exempted from taking the corresponding section of

28  the high school competency test or the college placement test.

29  A student must earn a passing score or have been exempted from

30  each part of the high school competency test in order to

31  qualify for a regular high school diploma. The school

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  districts shall provide appropriate remedial instruction to

 2  students who do not pass part of the competency test.

 3         6.  Participation in the testing program is mandatory

 4  for all students, including students served in Department of

 5  Juvenile Justice programs, except as otherwise prescribed by

 6  the commissioner.  The commissioner shall recommend rules to

 7  the state board for the provision of test adaptations and

 8  modifications of procedures as necessary for students in

 9  exceptional education programs and for students who have

10  limited English proficiency.

11         7.  A student seeking an adult high school diploma must

12  meet the same testing requirements that a regular high school

13  student must meet.

14         8.  By January 1, 2000, the Department of Education

15  must develop, or select, and implement a common battery of

16  assessment tools which will be used in all juvenile justice

17  programs in the state. These tools must accurately reflect

18  criteria established in the Florida Sunshine State Standards.

19

20  The commissioner may design and implement student testing

21  programs for any grade level and subject area, based on

22  procedures designated by the commissioner to monitor

23  educational achievement in the state.

24         (d)  Obtain or develop a career planning assessment to

25  be administered to students, at their option, in grades 7 and

26  10 to assist them in preparing for further education or

27  entering the workforce.  The statewide student assessment

28  program must include career planning assessment.

29         (e)  Conduct ongoing research to develop improved

30  methods of assessing student performance, including, without

31  limitation, the use of technology to administer tests, the use

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  of electronic transfer of data, the development of

 2  work-product assessments, and the development of process

 3  assessments.

 4         (f)  Conduct ongoing research and analysis of student

 5  achievement data, including, without limitation, monitoring

 6  trends in student achievement, identifying school programs

 7  that are successful, and analyzing correlates of school

 8  achievement.

 9         (g)  Provide technical assistance to school districts

10  in the implementation of state and district testing programs

11  and the use of the data produced pursuant to such programs.

12         Section 41.  Paragraph (c) is added to subsection (1)

13  of section 229.58, Florida Statutes, 1998 Supplement, to read:

14         229.58  District and school advisory councils.--

15         (1)  ESTABLISHMENT.--

16         (c)  For those schools operating for the purpose of

17  providing educational services to youth in Department of

18  Juvenile Justice programs, school boards may establish a

19  district advisory council with appropriate representatives for

20  the purpose of developing and monitoring a district school

21  improvement plan which encompasses all such schools in the

22  district, pursuant to s. 230.23(16)(a).

23         Section 42.  Subsections (1), (3), and (4) of section

24  229.592, Florida Statutes, 1998 Supplement, are amended to

25  read:

26         229.592  Implementation of state system of school

27  improvement and education accountability.--

28         (1)  DEVELOPMENT.--It is the intent of the Legislature

29  that every public school in the state, including schools

30  operating for the purpose of providing educational services to

31  youth in Department of Juvenile Justice programs, shall have a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  school improvement plan, as required by s. 230.23(16), fully

 2  implemented and operational by the beginning of the 1993-1994

 3  school year.  Vocational standards considered pursuant to s.

 4  239.229 shall be incorporated into the school improvement plan

 5  for each area technical center operated by a school board by

 6  the 1994-1995 school year, and area technical centers shall

 7  prepare school report cards incorporating such standards,

 8  pursuant to s. 230.23(16), for the 1995-1996 school year.  In

 9  order to accomplish this, the Florida Commission on Education

10  Reform and Accountability and the school districts and schools

11  shall carry out the duties assigned to them by ss. 229.594 and

12  230.23(16), respectively.

13         (3)  COMMISSIONER.--The commissioner shall be

14  responsible for implementing and maintaining a system of

15  intensive school improvement and stringent education

16  accountability.

17         (a)  Based on the recommendations of the Florida

18  Commission on Education Reform and Accountability, the

19  commissioner shall develop and implement the following

20  programs and procedures:

21         1.  A system of data collection and analysis that will

22  improve information about the educational success of

23  individual students and schools, including schools operating

24  for the purpose of providing educational services to youth in

25  Department of Juvenile Justice programs. The information and

26  analyses must be capable of identifying educational programs

27  or activities in need of improvement, and reports prepared

28  pursuant to this subparagraph shall be distributed to the

29  appropriate school boards prior to distribution to the general

30  public.  This provision shall not preclude access to public

31  records as provided in chapter 119.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         2.  A program of school improvement that will analyze

 2  information to identify schools, including schools operating

 3  for the purpose of providing educational services to youth in

 4  Department of Juvenile Justice programs, educational programs,

 5  or educational activities in need of improvement.

 6         3.  A method of delivering services to assist school

 7  districts and schools to improve, including schools operating

 8  for the purpose of providing educational services to youth in

 9  Department of Juvenile Justice programs.

10         4.  A method of coordinating with the state educational

11  goals and school improvement plans any other state program

12  that creates incentives for school improvement.

13         (b)  The commissioner shall be held responsible for the

14  implementation and maintenance of the system of school

15  improvement and education accountability outlined in this

16  subsection.  There shall be an annual determination of whether

17  adequate progress is being made toward implementing and

18  maintaining a system of school improvement and education

19  accountability.

20         (c)  The annual feedback report shall be developed by

21  the commission and the Department of Education.

22         (d)  The commissioner and the commission shall review

23  each school board's feedback report and submit its findings to

24  the State Board of Education.  If adequate progress is not

25  being made toward implementing and maintaining a system of

26  school improvement and education accountability, the State

27  Board of Education shall direct the commissioner to prepare

28  and implement a corrective action plan. The commissioner and

29  State Board of Education shall monitor the development and

30  implementation of the corrective action plan.

31         (e)  As co-chair of the Florida Commission on Education

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  Reform and Accountability, the commissioner shall appear

 2  before the appropriate committees of the Legislature annually

 3  in October to report and recommend changes in state policy

 4  necessary to foster school improvement and education

 5  accountability.  The report shall reflect the recommendations

 6  of the Florida Commission on Education Reform and

 7  Accountability. Included in the report shall be a list of the

 8  schools, including schools operating for the purpose of

 9  providing educational services to youth in Department of

10  Juvenile Justice programs, for which school boards have

11  developed assistance and intervention plans and an analysis of

12  the various strategies used by the school boards. School

13  reports shall be distributed pursuant to this paragraph and s.

14  230.23(16)(e) according to guidelines adopted by the State

15  Board of Education.

16         (4)  DEPARTMENT.--

17         (a)  The Department of Education shall implement a

18  training program to develop among state and district educators

19  a cadre of facilitators of school improvement.  These

20  facilitators shall assist schools and districts to conduct

21  needs assessments and develop and implement school improvement

22  plans to meet state goals.

23         (b)  Upon request, the department shall provide

24  technical assistance and training to any school, including any

25  school operating for the purpose of providing educational

26  services to youth in Department of Juvenile Justice programs,

27  school advisory council, district, or school board for

28  conducting needs assessments, developing and implementing

29  school improvement plans, developing and implementing

30  assistance and intervention plans, or implementing other

31  components of school improvement and accountability. Priority

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  for these services shall be given to school districts in rural

 2  and sparsely populated areas of the state.

 3         (c)  Pursuant to s. 24.121(5)(d), the department shall

 4  not release funds from the Educational Enhancement Trust Fund

 5  to any district in which a school, including schools operating

 6  for the purpose of providing educational services to youth in

 7  Department of Juvenile Justice programs, does not have an

 8  approved school improvement plan, pursuant to s. 230.23(16),

 9  after 1 full school year of planning and development, or does

10  not comply with school advisory council membership composition

11  requirements pursuant to s. 229.58(1). The department shall

12  send a technical assistance team to each school without an

13  approved plan to develop such school improvement plan or to

14  each school without appropriate school advisory council

15  membership composition to develop a strategy for corrective

16  action.  The department shall release the funds upon approval

17  of the plan or upon establishment of a plan of corrective

18  action. Notice shall be given to the public of the

19  department's intervention and shall identify each school

20  without a plan or without appropriate school advisory council

21  membership composition.

22         Section 43.  Paragraphs (a) and (e) of subsection (16)

23  of section 230.23, Florida Statutes, 1998 Supplement, are

24  amended to read:

25         230.23  Powers and duties of school board.--The school

26  board, acting as a board, shall exercise all powers and

27  perform all duties listed below:

28         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

29  ACCOUNTABILITY.--Maintain a system of school improvement and

30  education accountability as provided by statute and State

31  Board of Education rule. This system of school improvement and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  education accountability shall be consistent with, and

 2  implemented through, the district's continuing system of

 3  planning and budgeting required by this section and ss.

 4  229.555 and 237.041. This system of school improvement and

 5  education accountability shall include, but not be limited to,

 6  the following:

 7         (a)  School improvement plans.--Annually approve and

 8  require implementation of a new, amended, or continuation

 9  school improvement plan for each school in the district,

10  except that a school board may establish a district school

11  improvement plan which includes all schools in the district

12  operating for the purpose of providing educational services to

13  youth in Department of Juvenile Justice programs.  Such plan

14  shall be designed to achieve the state education goals and

15  student performance standards pursuant to ss. 229.591(3) and

16  229.592. Beginning in 1999-2000, each plan shall also address

17  issues relative to budget, training, instructional materials,

18  technology, staffing, student support services, and other

19  matters of resource allocation, as determined by school board

20  policy.

21         (e)  Public disclosure.--Provide information regarding

22  performance of students and educational programs as required

23  pursuant to s. 229.555 and implement a system of school

24  reports as required by statute and State Board of Education

25  rule which shall include schools operating for the purpose of

26  providing educational services to youth in Department of

27  Juvenile Justice programs, and for those schools, report on

28  the elements specified in s. 230.23161(21).

29         Section 44.  Section 230.23161, Florida Statutes, 1998

30  Supplement, is amended to read.

31         230.23161  Educational services in Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  Juvenile Justice programs.--

 2         (1)  The Legislature finds that education is the single

 3  most important factor in the rehabilitation of adjudicated

 4  delinquent youth in the custody of the Department of Juvenile

 5  Justice in detention or commitment facilities. The Department

 6  of Education shall serve as the lead agency for juvenile

 7  justice education programs to ensure that curriculum, support

 8  services, and resources are provided to maximize the public's

 9  investment in the custody and care of these youth. To this

10  end, the Department of Education and the Department of

11  Juvenile Justice shall each designate a Coordinator for

12  Juvenile Justice Education Programs to serve as the point of

13  contact for resolving issues not addressed by local district

14  school boards and to ensure each department's participation in

15  the following activities:

16         (a)  Training, collaborating, and coordinating with the

17  Department of Juvenile Justice, local school districts,

18  educational contract providers, and juvenile justice

19  providers, whether state operated or contracted.

20         (b)  Collecting information on the academic performance

21  of students in juvenile justice commitment and detention

22  programs and reporting on the results.

23         (c)  Developing protocols that provide guidance to

24  school districts and providers in all aspects of education

25  programming, including records transfer and transition.

26         (d)  Prescribing the roles of program personnel.

27         (2)(1)  The Legislature finds that juvenile assessment

28  centers are an important source of information about youth who

29  are entering the juvenile justice system.  Juvenile assessment

30  centers document the condition of youth entering the system,

31  thereby providing baseline data which is essential to evaluate

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  changes in the condition of youth as a result of treatment.

 2  The cooperation and involvement of the local school system,

 3  including the commitment of appropriate resources for

 4  determining the educational status and special learning

 5  problems and needs of youth, are essential if the full

 6  potential benefits of juvenile assessment centers are to be

 7  achieved.

 8         (3)(2)  Students participating in a detention,

 9  commitment, or rehabilitation program pursuant to chapter 985

10  which is sponsored by a community-based agency or is operated

11  or contracted for by the Department of Juvenile Justice shall

12  receive educational programs according to rules of the State

13  Board of Education. These students shall be eligible for

14  services afforded to students enrolled in programs pursuant to

15  s. 230.2316 and all corresponding State Board of Education

16  rules.

17         (4)(3)  The district school board of the county in

18  which the residential or nonresidential care facility or

19  juvenile assessment facility is located shall provide

20  appropriate educational assessments and an appropriate program

21  of instruction and special education services.  The district

22  school board shall make provisions for each student to

23  participate in basic, vocational, and exceptional student

24  programs as appropriate. Students served in Department of

25  Juvenile Justice programs shall have access to the appropriate

26  courses and instruction to prepare them for the GED test.

27  Students participating in GED preparation programs shall be

28  funded at the basic program cost factor for Department of

29  Juvenile Justice programs in the Florida Education Finance

30  Program. Each program shall be conducted according to

31  applicable law providing for the operation of public schools

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  and rules of the state board.

 2         (5)(4)  A school day for any student serviced in a

 3  Department of Juvenile Justice program shall be the same as

 4  specified in s. 228.041(13). Educational services shall be

 5  provided at times of the day most appropriate for the program.

 6  School programming in juvenile justice detention, commitment,

 7  and rehabilitation programs shall be made available during the

 8  regular school year and the summer school by the local school

 9  district.

10         (6)(5)  The educational program shall consist of

11  appropriate basic academic, vocational, or exceptional

12  curricula and related services which support the treatment

13  goals and reentry and which may lead to completion of the

14  requirements for receipt of a high school diploma or its

15  equivalent.  If the duration of a program is less than 40

16  days, the educational component may be limited to tutorial

17  activities and vocational employability skills.

18         (7)(6)  Participation in the program by students of

19  compulsory school attendance age as provided for in s. 232.01

20  shall be mandatory.  All students of noncompulsory

21  school-attendance age who have not received a high school

22  diploma or its equivalent shall participate in the educational

23  program, unless the student files a formal declaration of his

24  or her intent to terminate school enrollment as described in

25  s. 232.01(1)(c) and is afforded the opportunity to attain a

26  general education development diploma prior to release from a

27  facility.

28         (8)  An academic improvement plan shall be developed

29  for students who score below the level specified in local

30  school board policy in reading, writing, and mathematics or

31  below the level specified by the Commissioner of Education on

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 1  statewide assessments as required by s. 232.245. These plans

 2  shall address academic, literacy, and life skills and shall

 3  include provisions for intensive remedial instruction in the

 4  areas of weakness.

 5         (9)  Each school district shall maintain an academic

 6  record for each student enrolled in a juvenile justice

 7  facility as prescribed by s. 228.081. Such record shall

 8  delineate each course completed by the student according to

 9  procedures in the State Course Code Directory. The school

10  district shall include a copy of a student's academic record

11  in the discharge packet when the student exits the facility.

12         (10)  The Department of Education shall ensure that all

13  school districts make provisions for high school level

14  committed youth to earn credits toward high school graduation

15  while in residential and nonresidential juvenile justice

16  facilities. Provisions must be made for the transfer of

17  credits and partial credits earned.

18         (11)(7)  The school district shall recruit and train

19  teachers who are interested, qualified, or experienced in

20  educating students in juvenile justice programs. Students in

21  juvenile justice programs shall be provided a wide range of

22  educational programs and opportunities including textbooks,

23  technology, instructional support, and other resources

24  available to students in public schools.  Teachers assigned to

25  educational programs in juvenile justice settings in which the

26  school district operates the educational program shall be

27  selected by the school district in consultation with the

28  director of the juvenile justice facility.  Educational

29  programs in juvenile justice facilities shall have access to

30  the substitute teacher pool utilized by the school district.

31         (12)(8)  School districts are authorized and strongly

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 1  encouraged to contract with a private provider for the

 2  provision of educational programs to youths placed with the

 3  Department of Juvenile Justice and shall generate local,

 4  state, and federal funding, including funding through the

 5  Florida Education Finance Program for such students. The

 6  school district's planning and budgeting process shall include

 7  the needs of Department of Juvenile Justice programs in the

 8  district's plan for expenditures for state categorical and

 9  federal funds.

10         (13)(9)  The local school district shall fund the

11  education program in a Department of Juvenile Justice facility

12  at the same or higher level of funding for equivalent students

13  in the county school system based on the funds generated by

14  state funding through the Florida Education Finance Program

15  for such students.  It is the intent of the Legislature that

16  the school district maximize its available local, state, and

17  federal funding to a juvenile justice program.

18         (a)  Juvenile justice education programs shall be

19  funded in the appropriate FEFP program based on the

20  educational services needed by the student for Department of

21  Juvenile Justice programs in accordance with s. 236.081.

22         (b)  Juvenile justice education programs to receive the

23  appropriate FEFP program funding for Department of Juvenile

24  Justice programs shall include those operated through a

25  contract with the Department of Juvenile Justice and which are

26  under purview of the Department of Juvenile Justice quality

27  assurance standards for education.

28         (c)  Consistent with the rules of the State Board of

29  Education, local school districts are authorized and required

30  to request an alternative FTE survey for Department of

31  Juvenile Justice programs experiencing fluctuations in student

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    Amendment No.    





 1  enrollment.

 2         (d)  FTE count periods shall be prescribed in rules of

 3  the State Board of Education. The summer school period for

 4  students in Department of Juvenile Justice programs shall

 5  begin on the day immediately following the end of the regular

 6  school year and end on the day immediately preceding the

 7  subsequent regular school year. Students shall be funded for

 8  no more than 25 hours per week of direct instruction. The

 9  Department of Education shall develop a method which captures

10  all direct instructional time provided to such students during

11  the summer school period.

12         (14)(10)  Each school district shall negotiate a

13  cooperative agreement with the Department of Juvenile Justice

14  on the delivery of educational services to youths under the

15  jurisdiction of the department. Such agreement must include,

16  but is not limited to:

17         (a)  Roles and responsibilities of each agency,

18  including the roles and responsibilities of contract

19  providers.

20         (b)  Administrative issues including procedures for

21  sharing information.

22         (c)  Allocation of resources including maximization of

23  local, state, and federal funding.

24         (d)  Procedures for educational evaluation for

25  educational exceptionalities and special needs.

26         (e)  Curriculum and delivery of instruction.

27         (f)  Classroom management procedures and attendance

28  policies.

29         (g)  Procedures for provision of qualified

30  instructional personnel, whether supplied by the school

31  district or provided under contract by the provider, and for

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                                                  SENATE AMENDMENT

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 1  performance of duties while in a juvenile justice setting.

 2         (h)  Provisions for improving skills in teaching and

 3  working with juvenile delinquents.

 4         (i)  Transition plans for students moving into and out

 5  of juvenile facilities.

 6         (j)  Procedures and timelines for the timely

 7  documentation of credits earned and transfer of student

 8  records.

 9         (k)  Methods and procedures for dispute resolution.

10         (l)  Provisions for ensuring the safety of education

11  personnel and support for the agreed-upon education program.

12         (m)  Strategies for correcting any deficiencies found

13  through the quality assurance process.

14         (15)(11)  The cooperative agreement pursuant to

15  subsection (14) (10) does not preclude the development of an

16  operating agreement or contract between the school district

17  and the provider for each juvenile justice program in the

18  school district where educational programs are to be provided.

19  Any of the matters which must be included in the agreement

20  pursuant to subsection (14) (10) may be defined in the

21  operational agreements or operating contracts rather than in

22  the cooperative agreement if agreed to by the Department of

23  Juvenile Justice. Nothing in this section or in a cooperative

24  agreement shall be construed to require the school board to

25  provide more services than can be supported by the funds

26  generated by students in the juvenile justice programs.

27         (16)(a)(12)  The Department of Education in

28  consultation with the Department of Juvenile Justice, school

29  districts and providers shall establish objective and

30  measurable quality assurance standards for the educational

31  component of residential and nonresidential juvenile justice

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                                                  SENATE AMENDMENT

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 1  facilities. These standards shall rate the school district's

 2  performance both as a provider and contractor. The quality

 3  assurance rating for the education component shall be

 4  disaggregated from the overall quality assurance score and

 5  reported separately.

 6         (b)  The Department of Education shall develop and a

 7  comprehensive quality assurance review process and schedule

 8  for the evaluation of the educational component in juvenile

 9  justice programs. The Department of Juvenile Justice quality

10  assurance site visit and the education quality assurance site

11  visit shall be conducted during the same visit.

12         (c)  The Department of Education, in consultation with

13  school districts and providers, shall establish minimum

14  thresholds for the standards and key indicators for education

15  programs in juvenile justice facilities. If a school district

16  fails to meet the established minimum standards, the district

17  will be given 6 months to achieve compliance with the

18  standards. If after 6 months, the school district's

19  performance is still below minimum standards, the Department

20  of Education shall exercise sanctions as prescribed by rules

21  adopted by the State Board of Education. If a provider, under

22  contract with the school district, fails to meet minimum

23  standards, such failure shall cause the school district to

24  cancel the provider's contract unless the provider achieves

25  compliance within 6 months or unless there are documented

26  extenuating circumstances.

27         (17)(13)  The district school board shall not be

28  charged any rent, maintenance, utilities, or overhead on such

29  facilities. Maintenance, repairs, and remodeling of existing

30  facilities shall be provided by the Department of Juvenile

31  Justice.

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 1         (18)(14)  When additional facilities are required, the

 2  district school board and the Department of Juvenile Justice

 3  shall agree on the appropriate site based on the instructional

 4  needs of the students. When the most appropriate site for

 5  instruction is on district school board property, a special

 6  capital outlay request shall be made by the commissioner in

 7  accordance with s. 235.41. When the most appropriate site is

 8  on state property, state capital outlay funds shall be

 9  requested by the Department of Juvenile Justice provided by s.

10  216.043 and shall be submitted as specified by s. 216.023.

11  Any instructional facility to be built on state property shall

12  have educational specifications jointly developed by the

13  school district and the Department of Juvenile Justice and

14  approved by the Department of Education.  The size of space

15  and occupant design capacity criteria as provided by state

16  board rules shall be used for remodeling or new construction

17  whether facilities are provided on state property or district

18  school board property.

19         (19)(15)  The parent or guardian of exceptional

20  students shall have the due process rights provided for in

21  chapter 232.

22         (20)(16)  Department of Juvenile Justice detention and

23  commitment programs may be designated as second chance schools

24  pursuant to s. 230.2316(3)(d). Admission to such programs

25  shall be governed by chapter 985.

26         (21)(17)  The Department of Education and Department of

27  Juvenile Justice, after consultation with and assistance from

28  local providers and local school districts, shall report

29  annually to the Legislature by February December 1 on the

30  progress towards developing effective educational programs for

31  juvenile delinquents including the amount of funding provided

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  by local school districts to juvenile justice programs, the

 2  amount retained for administration including documenting the

 3  purposes for such expenses, the status of the development of

 4  cooperative agreements, and the results of the quality

 5  assurance reviews including recommendations for system

 6  improvement, and information on the identification of, and

 7  services provided to, exceptional students in juvenile justice

 8  commitment facilities to determine whether these students are

 9  properly reported for funding and are appropriately served.

10         (22)(18)  The educational programs at the Arthur Dozier

11  School for Boys in Jackson County and the Florida School for

12  Boys in Okeechobee shall be operated by the Department of

13  Education, either directly or through grants or contractual

14  agreements with other public or duly accredited education

15  agencies approved by the Department of Education.

16         (23)(19)  The Department of Education shall have the

17  authority to adopt any rules necessary to implement the

18  provisions of this section, including uniform curriculum,

19  funding, and second chance schools. Such rules shall require

20  the minimum amount of paperwork and reporting necessary to

21  comply with this act.

22         Section 45.  Section 235.1975, Florida Statutes, is

23  created to read:

24         235.1975  Cooperative Development of Educational

25  Facilities in Juvenile Justice Programs.--

26         (1)  The Department of Management Services, in

27  consultation with the Department of Education and the

28  Department of Juvenile Justice, shall conduct a review and

29  analysis of existing education facilities in Department of

30  Juvenile Justice facilities to determine the adequacy of the

31  facilities for educational use. This information shall be used

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    Amendment No.    





 1  to generate a 3-year plan for the provision of adequate space,

 2  equipment, furnishings, and technology for improving the

 3  learner's educational outcomes.  The Department of Education

 4  shall submit this plan to the Governor, the President of the

 5  Senate, the Speaker of the House of Representatives, and the

 6  Secretary of the Department of Juvenile Justice by November 1,

 7  1999.  The plan shall contain sufficient detail for the

 8  development of a fixed capital outlay budget request which

 9  will ensure that student achievement will be enhanced.

10         (2)  The Department of Juvenile Justice shall provide

11  early notice to school districts regarding the siting of new

12  juvenile justice facilities. School districts shall include

13  the projected number of students in the districts' annual

14  estimates. School districts should be consulted regarding the

15  types of students expected to be assigned to commitment

16  facilities for education planning and budgeting purposes. The

17  Department of Juvenile Justice shall notify, in writing, the

18  Department of Education when a request for proposals is issued

19  for the construction or operation of a commitment or detention

20  facility anywhere in the state. The Department of Juvenile

21  Justice shall notify, in writing, the appropriate school

22  district when a request for proposals is issued for the

23  construction or operation of a commitment or detention

24  facility when a county or site is specifically identified. The

25  Department of Juvenile Justice is also required to notify the

26  district school superintendent within 30 days of the award of

27  a contract for the construction or operation of a commitment

28  or detention facility within that school district.

29         Section 46.  Paragraph (a) of subsection (3) of section

30  237.34, Florida Statutes, is amended to read.

31         237.34  Cost accounting and reporting.--

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    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

 2         (a)  Each district shall expend at least the percent of

 3  the funds generated by each of the programs listed herein on

 4  the aggregate total school costs for such programs:

 5         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

 6         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

 7         3.  Grades 9, 10, 11, and 12, 80 percent.

 8         4.  Programs for exceptional students, on an aggregate

 9  program basis, 80 percent.

10         5.  Grades 7 through 12 vocational education programs,

11  on an aggregate program basis, 80 percent.

12         6.  Students-at-risk programs, on an aggregate program

13  basis, 80 percent.

14         7.  Juvenile justice programs, on an aggregate program

15  basis, 80 percent.

16         8.7.  Any new program established and funded under s.

17  236.081(1)(c), that is not included under subparagraphs 1.

18  through 6., on an aggregate basis as appropriate, 80 percent.

19         Section 47.  Subsection (6) of section 985.401, Florida

20  Statutes, 1998 Supplement, is renumbered as subsection (7),

21  and a new subsection (6) is added to said section to read:

22         985.401  Juvenile Justice Accountability Board.--

23         (6)  The board shall study the extent and nature of

24  education programs for juvenile offenders committed by the

25  court to the Department of Juvenile Justice and for juvenile

26  offenders under court supervision in the community. The board

27  shall utilize a subcommittee of interested board members and

28  may request other interested persons to participate and act as

29  a juvenile justice education task force for the study. The

30  task force shall address, at a minimum, the following issues:

31         (a)  The impact of education services on students in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  commitment programs;

 2         (b)  The barriers impeding the timely transfer of

 3  education records;

 4         (c)  The development and implementation of vocational

 5  programming in commitment programs;

 6         (d)  The implementation of provisions for earning high

 7  school credits regardless of varied lengths of stay; and

 8         (e)  The accountability of school districts and

 9  providers regarding the expenditure of education funds.

10         (7)(6)  Each state agency shall provide assistance when

11  requested by the board.  The board shall have access to all

12  records, files, and reports that are material to its duties

13  and that are in the custody of a school board, a law

14  enforcement agency, a state attorney, a public defender, the

15  court, the Department of Children and Family Services, and the

16  department.

17         Section 48.  Paragraph (d) of subsection (3) of section

18  985.413, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         985.413  District juvenile justice boards.--

21         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

22         (d)  A district juvenile justice board has the purpose,

23  power, and duty to:

24         1.  Advise the district juvenile justice manager and

25  the district administrator on the need for and the

26  availability of juvenile justice programs and services in the

27  district, including the educational services in Department of

28  Juvenile Justice programs.

29         2.  Develop a district juvenile justice plan that is

30  based upon the juvenile justice plans developed by each county

31  within the district, and that addresses the needs of each

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  county within the district.

 2         3.  Develop a district interagency cooperation and

 3  information-sharing agreement that supplements county

 4  agreements and expands the scope to include appropriate

 5  circuit and district officials and groups.

 6         4.  Coordinate the efforts of the district juvenile

 7  justice board with the activities of the Governor's Juvenile

 8  Justice and Delinquency Prevention Advisory Committee and

 9  other public and private entities.

10         5.  Advise and assist the district juvenile justice

11  manager in the provision of optional, innovative delinquency

12  services in the district to meet the unique needs of

13  delinquent children and their families.

14         6.  Develop, in consultation with the district juvenile

15  justice manager, funding sources external to the Department of

16  Juvenile Justice for the provision and maintenance of

17  additional delinquency programs and services. The board may,

18  either independently or in partnership with one or more county

19  juvenile justice councils or other public or private entities,

20  apply for and receive funds, under contract or other funding

21  arrangement, from federal, state, county, city, and other

22  public agencies, and from public and private foundations,

23  agencies, and charities for the purpose of funding optional

24  innovative prevention, diversion, or treatment services in the

25  district for delinquent children and children at risk of

26  delinquency, and their families. To aid in this process, the

27  department shall provide fiscal agency services for the

28  councils.

29         7.  Educate the community about and assist in the

30  community juvenile justice partnership grant program

31  administered by the Department of Juvenile Justice.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         8.  Advise the district health and human services

 2  board, the district juvenile justice manager, and the

 3  Secretary of Juvenile Justice regarding the development of the

 4  legislative budget request for juvenile justice programs and

 5  services in the district and the commitment region, and, in

 6  coordination with the district health and human services

 7  board, make recommendations, develop programs, and provide

 8  funding for prevention and early intervention programs and

 9  services designed to serve children in need of services,

10  families in need of services, and children who are at risk of

11  delinquency within the district or region.

12         9.  Assist the district juvenile justice manager in

13  collecting information and statistical data useful in

14  assessing the need for prevention programs and services within

15  the juvenile justice continuum program in the district.

16         10.  Make recommendations with respect to, and monitor

17  the effectiveness of, the judicial administrative plan for

18  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

19  Administration.

20         11.  Provide periodic reports to the health and human

21  services board in the appropriate district of the Department

22  of Children and Family Services. These reports must contain,

23  at a minimum, data about the clients served by the juvenile

24  justice programs and services in the district, as well as data

25  concerning the unmet needs of juveniles within the district.

26         12.  Provide a written annual report on the activities

27  of the board to the district administrator, the Secretary of

28  Juvenile Justice, and the Juvenile Justice Accountability

29  Advisory Board. The report should include an assessment of the

30  effectiveness of juvenile justice continuum programs and

31  services within the district, recommendations for elimination,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1  modification, or expansion of existing programs, and

 2  suggestions for new programs or services in the juvenile

 3  justice continuum that would meet identified needs of children

 4  and families in the district.

 5         Section 49.  The Department of Education shall work in

 6  consultation with the Department of Juvenile Justice and the

 7  local school districts to develop a plan for educational

 8  programs in detention centers.  The plan shall reflect the

 9  unique needs, variability in lengths of stay, and diversity of

10  youth assigned to juvenile justice detention centers, and

11  instructional strategies to improve student achievement.  The

12  plan shall anticipate the use of all state and local funding

13  categories available to ensure the success of students who are

14  being educated in juvenile justice facilities.  The plan shall

15  provide for appropriate performance outcome measures.  The

16  plan shall be submitted to the Governor, the Speaker of the

17  House of Representatives, and the President of the Senate

18  prior to January 1, 2000, and shall include appropriate cost

19  estimates.

20         Section 50.  This act shall take effect upon becoming a

21  law.

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         Delete everything before the enacting clause

27

28  and insert:

29                      A bill to be entitled

30         An act relating to juvenile justice; amending

31         s. 435.04, F.S.; adding to the list of offenses

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    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         that will prohibit the employment of a person

 2         subject to Level 2 screening standards;

 3         amending s. 943.0515, F.S.; requiring the

 4         Criminal Justice Information Program to retain

 5         the criminal history records of minors who are

 6         committed to a juvenile correctional facility

 7         or juvenile prison; amending s. 960.001, F.S.;

 8         authorizing state agencies to expend funds for

 9         certain crime prevention and educational

10         activities; amending ss. 984.03, 985.03, F.S.;

11         redefining the term "delinquency program" to

12         delete references to furlough programs;

13         defining the term "aftercare" for purposes of

14         ch. 985, F.S.; providing for minimum-risk

15         nonresidential programs to be used for the

16         aftercare placement of juveniles; amending ss.

17         39.0132, 985.04, F.S.; requiring the department

18         to disclose to school officials that a student

19         has a history of criminal sexual behavior with

20         other juveniles; conforming cross-references;

21         amending ss. 985.207, 985.208, F.S., relating

22         to conditions under which a juvenile may be

23         detained; adding a reference to home detention;

24         deleting references to violation of furlough;

25         amending s. 985.212, F.S.; providing for

26         fingerprint records and photographs of

27         juveniles to be submitted to the Department of

28         Law Enforcement; amending s. 985.231, F.S.;

29         providing for an adjudicated delinquent

30         juvenile to be placed in postcommitment

31         community control rather than in an aftercare

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    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         program under certain circumstances; specifying

 2         responsibility for preparing certain documents;

 3         amending s. 985.308, F.S.; deleting the

 4         Department of Legal Affairs' rulemaking

 5         responsibilities for sexual abuse intervention

 6         networks; amending s. 985.316, F.S.; providing

 7         legislative findings and intent; providing for

 8         the delivery of aftercare services to a

 9         juvenile released from a residential commitment

10         program; deleting requirements for juveniles

11         released on furlough; amending s. 985.404,

12         F.S., relating to the juvenile justice

13         continuum; providing for release of a juvenile

14         into an aftercare program; requiring

15         educational support activities to be provided;

16         amending s. 985.406, F.S.; providing additional

17         qualifications for the program staff of the

18         Department of Juvenile Justice and its

19         providers; requiring competency-based

20         examinations; creating s. 985.4145, F.S.;

21         defining the term "direct-support

22         organization"; authorizing such an organization

23         to use property and facilities of the

24         Department of Juvenile Justice; providing

25         restrictions; requiring the Secretary of

26         Juvenile Justice to appoint a board of

27         directors for the direct-support organization;

28         requiring an annual audit of the organization;

29         amending s. 985.415, F.S.; revising the

30         procedures for submittal and selection of

31         Community Juvenile Justice Partnership Grants;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         amending s. 985.417, F.S., relating to the

 2         transfer of children from the Department of

 3         Corrections to the Department of Juvenile

 4         Justice; deleting references to the furlough of

 5         a child convicted of a capital felony; amending

 6         ss. 419.001, 784.075, 984.05, 985.227, 985.31,

 7         985.311, 985.312, F.S.; conforming

 8         cross-references to changes made by the act;

 9         amending s. 985.234, F.S.; providing the time

10         within which an order involving a child may be

11         appealed; amending s. 985.315, F.S.; revising

12         the vocational work training programs under the

13         Department of Juvenile Justice; providing for

14         participation of certain juveniles in

15         educational/technical or vocational

16         work-related program 5 hours per day, 5 days

17         per week; requiring the Juvenile Justice

18         Accountability Board to conduct a study of

19         juvenile vocational and work programs;

20         requiring a report; requiring the department to

21         inventory programs in the state; amending s.

22         985.03, F.S.; redesignating "maximum-risk"

23         residential facilities as "juvenile

24         correctional facilities" or "juvenile prisons";

25         amending s. 985.201, F.S.; conforming a

26         cross-reference for purposes of application to

27         terms of certain restitution orders; amending

28         s. 985.21, F.S.; deleting an authorization for

29         a juvenile probation officer to make certain

30         recommendations to the state attorney;

31         clarifying certain contents of intake reports;

                                  95
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         authorizing the State Attorney and Department

 2         of Juvenile Justice to enter into certain

 3         interagency agreements for certain purposes;

 4         amending s. 985.225, F.S.; requiring transfer

 5         of certain felony cases relating to children to

 6         adult court for prosecution as an adult;

 7         repealing s. 985.218(6), F.S., relating to

 8         adjudicatory hearings for children committing

 9         delinquent acts or violations of law; amending

10         s. 985.226, F.S., relating to criteria for

11         discretionary waiver and mandatory waiver of

12         juvenile court jurisdiction; revising the list

13         of specified offenses to include certain

14         additional offenses; amending s. 985.227, F.S.,

15         relating to discretionary direct-file criteria

16         and mandatory direct-file criteria; permitting

17         the filing of an information when a child was

18         14 or 15 years of age at the time the child

19         attempted to commit or conspired to commit any

20         one of specified offenses; revising duties of

21         the court and guidelines for transfer of cases

22         pertaining to the child when a child is

23         transferred for adult prosecution; removing the

24         requirement for annual updating by the state

25         attorney of direct-file policies and

26         guidelines; providing that the information

27         filed pursuant to specified provisions may

28         include all charges that are based on the same

29         act, criminal episode, or transaction as the

30         primary offense; amending s. 985.228, F.S.;

31         specifying disqualification for possessing a

                                  96
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         firearm until a certain age for persons

 2         adjudicated delinquent for certain felony

 3         offenses; amending s. 790.23, F.S.; providing a

 4         prohibition against possession of firearms or

 5         weapons by certain persons who were found to

 6         have committed delinquent acts classified as

 7         felonies; amending s. 985.313, F.S.;

 8         redesignating "maximum-risk" residential

 9         programs as "juvenile correctional facilities"

10         or "juvenile prisons"; providing that a

11         juvenile may be committed to such a facility if

12         adjudicated on certain additional offenses;

13         amending s. 228.041, F.S.; defining "juvenile

14         justice provider" and "school year for juvenile

15         justice programs"; amending s. 228.051, F.S.,

16         relating to the organization and funding of

17         required public schools; requiring the public

18         schools of the state to provide instruction for

19         youth in Department of Juvenile Justice

20         programs; amending s. 228.081, F.S.; requiring

21         the development and adoption of a rule

22         articulating expectations for education

23         programs for youth in Department of Juvenile

24         Justice programs; requiring the development of

25         model contracts for the delivery of educational

26         services to youth in Department of Juvenile

27         Justice programs; requiring the Department of

28         Education to provide training and technical

29         assistance; requiring the development of model

30         procedures for transitioning youth into and out

31         of Department of Juvenile Justice programs;

                                  97
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         requiring the development of model procedures

 2         regarding education records; requiring the

 3         Department of Education to provide, or contract

 4         for the provision of, quality assurance reviews

 5         of all juvenile justice education programs;

 6         amending s. 229.57, F.S.; revising provisions

 7         relating to the statewide assessment program to

 8         include schools operating for the purpose of

 9         providing educational services to youth in

10         Department of Juvenile Justice programs;

11         requiring the Department of Education to

12         develop and implement assessment tools to be

13         used in juvenile justice programs; amending s.

14         229.58, F.S.; authorizing the establishment of

15         district advisory councils for juvenile justice

16         education programs; amending s. 229.592, F.S.;

17         revising provisions relating to the

18         implementation of the state system of school

19         improvement and education accountability to

20         include schools operating for the purpose of

21         providing educational services to youth in

22         Department of Juvenile Justice programs;

23         deleting obsolete language; amending s. 230.23,

24         F.S., relating to powers and duties of the

25         school board; revising provisions relating to

26         school improvement plans and public disclosure

27         to include schools operating for the purpose of

28         providing educational services to youth in

29         Department of Juvenile Justice programs;

30         amending s. 230.23161, F.S., relating to

31         educational services in Department of Juvenile

                                  98
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         Justice programs; providing legislative intent;

 2         requiring the Department of Education to serve

 3         as the lead agency; requiring the Department of

 4         Education and the Department of Juvenile

 5         Justice to designate a coordinator to ensure

 6         department participation in certain activities;

 7         requiring student access to GED programs;

 8         requiring certain funding; revising provisions

 9         relating to compulsory school attendance;

10         requiring the development of an academic

11         improvement plan for certain students;

12         providing requirements regarding academic

13         records; requiring provisions for the earning

14         and transfer of credits; providing funding

15         requirements; revising provisions relating to

16         quality assurance standards; requiring the

17         Department of Juvenile Justice site visit and

18         the education quality assurance site visit to

19         take place during the same visit; requiring the

20         establishment of minimum standards; requiring

21         the State Board of Education to adopt rules

22         establishing sanctions for performance below

23         minimum standards; revising requirements

24         regarding an annual report; creating s.

25         235.1975, F.S., relating to cooperative

26         development of educational facilities in

27         juvenile justice programs; requiring a review

28         and analysis of existing facilities; requiring

29         the development and submission of a plan;

30         requiring the Department of Juvenile Justice to

31         provide certain information to school districts

                                  99
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1594

    Amendment No.    





 1         and the Department of Education regarding new

 2         juvenile justice facilities; providing

 3         requirements regarding planning and budgeting;

 4         amending s. 237.34, F.S.; requiring each

 5         district to expend a specified percentage of

 6         the funds generated by juvenile justice

 7         programs on the aggregate total school costs

 8         for such programs; amending s. 985.401, F.S.;

 9         requiring the Juvenile Justice Accountability

10         Board to study the extent and nature of

11         education programs for juvenile offenders;

12         amending s. 985.413, F.S.; revising the duties

13         of district juvenile justice boards; requiring

14         the development and submission of a plan for

15         education programs in detention centers;

16         amending s. 985.404, F.S., relating to the

17         administration of the juvenile justice

18         continuum; correcting a cross-reference;

19         providing an effective date.

20

21

22

23

24

25

26

27

28

29

30

31

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