SENATE AMENDMENT
    Bill No. CS for SB 1914
    Amendment No. ___   Barcode 104620
                            CHAMBER ACTION
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11  Senator Smith moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (b) of subsection (1) and
18  paragraph (d) of subsection (4) of section 20.316, Florida
19  Statutes, are amended to read:
20         20.316  Department of Juvenile Justice.--There is
21  created a Department of Juvenile Justice.
22         (1)  SECRETARY OF JUVENILE JUSTICE.--
23         (b)  The Secretary of Juvenile Justice is responsible
24  for planning, coordinating, and managing the delivery of all
25  programs and services within the juvenile justice continuum.
26  For purposes of this section, the term "juvenile justice
27  continuum" means all children-in-need-of-services programs;
28  families-in-need-of-services programs; other prevention, early
29  intervention, and diversion programs; detention centers and
30  related programs and facilities; community-based residential
31  commitment and nonresidential commitment programs; and
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SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 delinquency institutions provided or funded by the department. 2 (4) INFORMATION SYSTEMS.-- 3 (d) The management information system shall, at a 4 minimum: 5 1. Facilitate case management of juveniles referred to 6 or placed in the department's custody. 7 2. Provide timely access to current data and computing 8 capacity to support the outcome evaluation activities of the 9 Juvenile Justice Advisory Board as provided in s. 985.401, 10 legislative oversight, the Juvenile Justice Estimating 11 Conference, and other research. 12 3. Provide automated support to the quality assurance 13 and program review functions. 14 4. Provide automated support to the contract 15 management process. 16 5. Provide automated support to the facility 17 operations management process. 18 6. Provide automated administrative support to 19 increase efficiency, provide the capability of tracking 20 expenditures of funds by the department or contracted service 21 providers that are eligible for federal reimbursement, and 22 reduce forms and paperwork. 23 7. Facilitate connectivity, access, and utilization of 24 information among various state agencies, and other state, 25 federal, local, and private agencies, organizations, and 26 institutions. 27 8. Provide electronic public access to juvenile 28 justice information, which is not otherwise made confidential 29 by law or exempt from the provisions of s. 119.07(1). 30 9. Provide a system for the training of information 31 system users and user groups. 2 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 Section 2. Subsection (43) of section 228.041, Florida 2 Statutes, is amended to read: 3 228.041 Definitions.--Specific definitions shall be as 4 follows, and wherever such defined words or terms are used in 5 the Florida School Code, they shall be used as follows: 6 (43) SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For 7 schools operating for the purpose of providing educational 8 services to youth in Department of Juvenile Justice programs, 9 the school year shall be comprised of 250 days of instruction 10 distributed over 12 months. At the request of the provider, a 11 district school board may decrease the minimum number of days 12 of instruction by up to 10 days for teacher planning for 13 residential programs and up to 20 days for teacher planning 14 for nonresidential programs, subject to the approval of the 15 Department of Juvenile Justice and the Department of 16 Education. 17 Section 3. Subsection (1) of section 230.23161, 18 Florida Statutes, is amended to read: 19 230.23161 Educational services in Department of 20 Juvenile Justice programs.-- 21 (1) The Legislature finds that education is the single 22 most important factor in the rehabilitation of adjudicated 23 delinquent youth in the custody of the Department of Juvenile 24 Justice in detention or commitment facilities. It is the goal 25 intent of the Legislature that youth in the juvenile justice 26 system continue to receive a high-quality be provided with 27 equal opportunity and access to quality and effective 28 education that will meet the individual needs of each child. 29 The Department of Education shall serve as the lead agency for 30 juvenile justice education programs, to ensure that 31 curriculum, support services, and resources are provided to 3 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 maximize the public's investment in the custody and care of 2 these youth. To this end, the Department of Education and the 3 Department of Juvenile Justice shall each designate a 4 Coordinator for Juvenile Justice Education Programs to serve 5 as the point of contact for resolving issues not addressed by 6 local district school boards and to provide ensure each 7 department's participation in the following activities: 8 (a) Training, collaborating, and coordinating with the 9 Department of Juvenile Justice, local school districts, 10 educational contract providers, and juvenile justice 11 providers, whether state operated or contracted. 12 (b) Collecting information on the academic performance 13 of students in juvenile justice commitment and detention 14 programs and reporting on the results. 15 (c) Developing academic and vocational protocols that 16 provide guidance to school districts and providers in all 17 aspects of education programming, including records transfer 18 and transition. 19 (d) Prescribing the roles of program personnel and 20 interdepartmental local school district or provider 21 collaboration strategies. 22 23 Annually, a cooperative agreement and plan for juvenile 24 justice education service enhancement shall be developed 25 between the Department of Juvenile Justice and the Department 26 of Education and submitted to the Secretary of Juvenile 27 Justice and the Commissioner of Education by June 30. 28 Section 4. Section 230.235, Florida Statutes, is 29 amended to read: 30 230.235 Policy of zero tolerance for crime and 31 victimization.-- 4 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (1) Each school district shall, pursuant to this 2 section, adopt a policy of zero tolerance for: 3 (a) Crime and substance abuse pursuant to this 4 section. Such a policy shall include the reporting of 5 delinquent acts and crimes occurring whenever and wherever 6 students are under the jurisdiction of the school district. 7 (b) Victimization of students. Such a policy shall 8 include taking all steps necessary to protect the victim of 9 any violent crime from any further victimization. 10 (2) The policy shall require students found to have 11 committed one of the following offenses to be expelled, with 12 or without continuing educational services, from the student's 13 regular school for a period of not less than 1 full year, and 14 to be referred for criminal prosecution: 15 (a) Bringing a firearm or weapon, as defined in 16 chapter 790, to school, to any school function, or onto any 17 school-sponsored transportation. 18 (b) Making a threat or false report, as defined by ss. 19 790.162 and 790.163, respectively, involving school or school 20 personnel's property, school transportation, or a 21 school-sponsored activity. 22 23 District school boards may assign the student to a 24 disciplinary program or second chance school for the purpose 25 of continuing educational services during the period of 26 expulsion. Superintendents may consider the 1-year expulsion 27 requirement on a case-by-case basis and request the district 28 school board to modify the requirement by assigning the 29 student to a disciplinary program or second chance school if 30 it is determined to be in the best interest of the student and 31 the school system. If a student committing any of the offenses 5 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 in this subsection is a student with a disability, the school 2 district shall comply with procedures pursuant to s. 232.251 3 and any applicable state board rule. 4 (3) Each school district shall enter into an agreement 5 with the county sheriff's office or local police department 6 specifying guidelines for ensuring that felonies and violent 7 misdemeanors, whether committed by a student or adult, and 8 delinquent acts that would be felonies or violent misdemeanors 9 if committed by an adult, are reported to law enforcement. The 10 cooperative agreement, adopted pursuant to s. 230.23161(14) 11 with the Department of Juvenile Justice, shall specify 12 guidelines for ensuring that all no contact orders entered by 13 the court are reported and enforced and that all steps 14 necessary are taken to protect the victim of any such crime. 15 Such agreements shall include the role of school resource 16 officers, if applicable, in handling reported incidents, 17 special circumstances in which school officials may handle 18 incidents without filing a report to law enforcement, and a 19 procedure for ensuring that school personnel properly report 20 appropriate delinquent acts and crimes. The school principal 21 shall be responsible for ensuring that all school personnel 22 are properly informed as to their responsibilities regarding 23 crime reporting, that appropriate delinquent acts and crimes 24 are properly reported, and that actions taken in cases with 25 special circumstances are properly taken and documented. 26 Section 5. Section 231.0851, Florida Statutes, is 27 amended to read: 28 231.0851 Reports of school safety and discipline.-- 29 (1) Each principal must ensure that standardized forms 30 prescribed by rule of the State Board of Education are used to 31 report data concerning school safety and discipline to the 6 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 Department of Education. The principal must develop a plan to 2 verify the accuracy of reported incidents. 3 (2) When a student has been the victim of a violent 4 crime perpetrated by another student who attends the same 5 school, the principal shall make full and effective use of the 6 provisions of ss. 232.26(2) and 232.265. A principal who fails 7 to comply with this subsection shall be ineligible for any 8 portion of the performance pay policy incentive under s. 9 230.23(5)(c). However, if any party responsible for 10 notification fails to properly notify the school, the 11 principal shall be eligible for the incentive. 12 Section 6. Section 232.265, Florida Statutes, is 13 created to read: 14 232.265 School attendance and transportation of 15 certain offenders.-- 16 (1) Notwithstanding any provision of law prohibiting 17 the disclosure of the identity of a minor, whenever any person 18 who is attending public school is adjudicated guilty of or 19 delinquent for, or is found to have committed, regardless of 20 whether adjudication is withheld, or pleads guilty or nolo 21 contendere to, a felony violation of: 22 (a) Chapter 782, relating to homicide; 23 (b) Chapter 784, relating to assault, battery, and 24 culpable negligence; 25 (c) Chapter 787, relating to kidnapping, false 26 imprisonment, luring or enticing a child, and custody 27 offenses; 28 (d) Chapter 794, relating to sexual battery; 29 (e) Chapter 800, relating to lewdness and indecent 30 exposure; 31 (f) Chapter 827, relating to abuse of children; 7 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (g) Section 812.13, relating to robbery; 2 (h) Section 812.131, relating to robbery by sudden 3 snatching; 4 (i) Section 812.133, relating to carjacking; or 5 (j) Section 812.135, relating to home-invasion 6 robbery, 7 8 and, before or at the time of such adjudication, withholding 9 of adjudication, or plea, the offender was attending a school 10 attended by the victim or a sibling of the victim of the 11 offense, the Department of Juvenile Justice shall notify the 12 appropriate school district of the adjudication or plea and 13 the operation of this section and whether the offender is 14 prohibited from attending that school or riding on a school 15 bus whenever the victim or a sibling of the victim is 16 attending the same school or riding on the same school bus, 17 except as provided pursuant to a written disposition order 18 under s. 985.23(1)(d). Upon receipt of such notice, the 19 school district shall take appropriate action to effectuate 20 the provisions of subsection (2). 21 (2) Any offender described in subsection (1), who is 22 not exempted as provided in subsection (1), shall not attend 23 any school attended by the victim or a sibling of the victim 24 of the offense or ride on a school bus on which the victim or 25 a sibling of the victim is riding. The offender shall be 26 permitted by the school district in which the offender resides 27 to attend another school within the district, provided the 28 other school is not attended by the victim or sibling of the 29 victim of the offense or may be permitted by another school 30 district to attend a school in that district if the offender 31 is unable to attend any school in the district in which the 8 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 offender resides due to the operation of this section. 2 (3) If the offender is unable to attend any other 3 school in the district in which the offender resides and is 4 prohibited from attending school in another school district, 5 the school district in which the offender resides shall take 6 every reasonable precaution to keep the offender separated 7 from the victim while on school grounds or on school 8 transportation. The steps to be taken by a school district to 9 keep the offender separated from the victim shall include, but 10 not be limited to, in-school suspension of the offender and 11 the scheduling of classes, lunch, or other school activities 12 of the victim and the offender so as not to coincide. 13 (4) The offender, or the parents or legal guardian of 14 the offender if the offender is a juvenile, shall be 15 responsible for arranging and paying for transportation 16 associated with or required by the offender's attending 17 another school or that would be required as a consequence of 18 the prohibition against riding on a school bus on which the 19 victim or a sibling of the victim is riding. However, the 20 offender or the parents or the legal guardian of the offender 21 shall not be charged for existing modes of transportation that 22 can be used by the offender at no additional cost to the 23 district. 24 Section 7. Subsection (1) of section 435.04, Florida 25 Statutes, is amended, and present subsections (3) and (4) of 26 said section are renumbered as subsections (4) and (5), 27 respectively, and a new subsection (3) is added to said 28 section, to read: 29 435.04 Level 2 screening standards.-- 30 (1) All employees in positions designated by law as 31 positions of trust or responsibility shall be required to 9 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 undergo security background investigations as a condition of 2 employment and continued employment. For the purposes of this 3 subsection, security background investigations shall include, 4 but not be limited to, employment history checks, 5 fingerprinting for all purposes and checks in this subsection, 6 statewide criminal and juvenile records checks through the 7 Florida Department of Law Enforcement, and federal criminal 8 records checks through the Federal Bureau of Investigation, 9 and may include local criminal records checks through local 10 law enforcement agencies. 11 (3) The security background investigations conducted 12 under this section for employees of the Department of Juvenile 13 Justice must ensure that no persons subject to the provisions 14 of this section have been found guilty of, regardless of 15 adjudication, or entered a plea of nolo contendere or guilty 16 to, any offense prohibited under any of the following 17 provisions of the Florida Statutes or under any similar 18 statute of another jurisdiction: 19 (a) Section 784.07, relating to assault or battery of 20 law enforcement officers, firefighters, emergency medical care 21 providers, public transit employees or agents, or other 22 specified officers. 23 (b) Section 810.02, relating to burglary, if the 24 offense is a felony. 25 (c) Section 944.40, relating to escape. 26 27 The Department of Juvenile Justice may not remove a 28 disqualification from employment or grant an exemption to any 29 person who is disqualified under this section for any offense 30 disposed of during the most recent 7-year period. 31 Section 8. Section 943.0582, Florida Statutes, is 10 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 created to read: 2 943.0582 Prearrest, postarrest, or teen court 3 diversion program expunction.-- 4 (1) Notwithstanding any law dealing generally with the 5 preservation and destruction of public records, the department 6 may provide, by rule adopted pursuant to chapter 120, for the 7 expunction of any nonjudicial record of the arrest of a minor 8 who has successfully completed a prearrest or postarrest 9 diversion program for minors as authorized by s. 985.3065. 10 (2)(a) As used in this section, the term "expunction" 11 has the same meaning ascribed in s. 943.0585, except that: 12 1. The provisions of s. 943.0585(4)(a) do not apply, 13 except that the criminal history record of a person whose 14 record is expunged pursuant to this section shall be made 15 available only to criminal justice agencies for the purpose of 16 determining eligibility for prearrest, postarrest, or teen 17 court diversion programs; when the record is sought as part of 18 a criminal investigation; or when the subject of the record is 19 a candidate for employment with a criminal justice agency. 20 For all other purposes, a person whose record is expunged 21 under this section may lawfully deny or fail to acknowledge 22 the arrest and the charge covered by the expunged record. 23 2. Records maintained by local criminal justice 24 agencies in the county in which the arrest occurred which are 25 eligible for expunction pursuant to this section shall be 26 sealed as the term is used in s. 943.059. 27 (b) As used in this section, the term "nonviolent 28 misdemeanor" includes simple assault or battery when prearrest 29 or postarrest diversion expunction is approved in writing by 30 the state attorney for the county in which the arrest 31 occurred. 11 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (3) The department shall expunge the nonjudicial 2 arrest record of a minor who has successfully completed a 3 prearrest or postarrest diversion program if that minor: 4 (a) Submits an application for prearrest or postarrest 5 diversion expunction, on a form prescribed by the department, 6 signed by the minor's parent or legal guardian, or by the 7 minor if he or she has reached the age of majority at the time 8 of applying. 9 (b) Submits the application for prearrest or 10 postarrest diversion expunction no later than 6 months after 11 completion of the diversion program. 12 (c) Submits to the department, with the application, 13 an official written statement from the state attorney for the 14 county in which the arrest occurred certifying that he or she 15 has successfully completed that county's prearrest or 16 postarrest diversion program and that participation in the 17 program is strictly limited to minors arrested for a 18 nonviolent misdemeanor who have not otherwise been charged 19 with or found to have committed any criminal offense or 20 comparable ordinance violation. 21 (d) Participated in a prearrest or postarrest 22 diversion program that expressly authorizes or permits such 23 expunction to occur. 24 (e) Participated in a prearrest or postarrest 25 diversion program based on an arrest for a nonviolent 26 misdemeanor that would not qualify as an act of domestic 27 violence as that term is defined in s. 741.28. 28 (f) Has never, prior to filing the application for 29 expunction, been charged with or found to have committed any 30 criminal offense or comparable ordinance violation. 31 (4) The department is authorized to charge a $75 12 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 processing fee for each request received for prearrest or 2 postarrest diversion program expunction, for placement in the 3 Department of Law Enforcement Operating Trust Fund, unless 4 such fee is waived by the executive director. 5 (5) This section operates retroactively to permit the 6 expunction of any nonjudicial record of the arrest of a minor 7 who has successfully completed a prearrest or postarrest 8 diversion program on or after July 1, 2000; however, in the 9 case of a minor whose completion of the program occurred 10 before the effective date of this section, the application for 11 prearrest or postarrest diversion expunction must be submitted 12 within 6 months after the effective date of this section. 13 (6) Expunction or sealing granted under this section 14 does not prevent the minor who receives such relief from 15 petitioning for the expunction or sealing of a later criminal 16 history record as provided for in ss. 943.0585 and 943.059, if 17 the minor is otherwise eligible under those sections. 18 Section 9. Paragraph (a) of subsection (1) of section 19 943.325, Florida Statutes, is amended to read: 20 943.325 Blood specimen testing for DNA analysis.-- 21 (1)(a) Any person who is convicted or was previously 22 convicted in this state for any offense or attempted offense 23 defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s. 24 810.02, s. 812.133, or s. 812.135, and any person who is 25 transferred to this state under Article VII of the Interstate 26 Compact on Juveniles, part V of chapter 985, who has committed 27 or attempted to commit an offense similarly defined by the 28 transferring state, who is either: 29 1. Still incarcerated, or 30 2. No longer incarcerated but is within the confines 31 of the legal state boundaries and is on probation, community 13 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 control, parole, conditional release, control release, or any 2 other court-ordered supervision, 3 4 shall be required to submit two specimens of blood to a 5 Department of Law Enforcement designated testing facility as 6 directed by the department. 7 Section 10. Paragraph (s) is added to subsection (1) 8 of section 960.001, Florida Statutes, 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 (s) Attendance of victim at same school as 25 defendant.--When the victim of an offense committed by a 26 juvenile is a minor, the Department of Juvenile Justice shall 27 request information to determine if the victim, or any sibling 28 of the victim, attends or is eligible to attend the same 29 school as the offender. However, if the offender is subject to 30 a presentence investigation by the Department of Corrections, 31 the Department of Corrections shall make such request. If the 14 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 victim or any sibling of the victim attends or is eligible to 2 attend the same school as that of the offender, the 3 appropriate agency shall notify the victim's parent or legal 4 guardian of the right to attend the sentencing or disposition 5 of the offender and request that the offender be required to 6 attend a different school. 7 Section 11. Paragraph (a) of subsection (2) of section 8 984.01, Florida Statutes, is amended to read: 9 984.01 Purposes and intent; personnel standards and 10 screening.-- 11 (2) The Department of Juvenile Justice or the 12 Department of Children and Family Services, as appropriate, 13 may contract with the Federal Government, other state 14 departments and agencies, county and municipal governments and 15 agencies, public and private agencies, and private individuals 16 and corporations in carrying out the purposes of, and the 17 responsibilities established in, this chapter. 18 (a) When the Department of Juvenile Justice or the 19 Department of Children and Family Services contracts with a 20 provider for any program for children, all personnel, 21 including owners, operators, employees, and volunteers, in the 22 facility must be of good moral character. Each contract 23 entered into by either department for services delivered on an 24 appointment or intermittent basis by a provider that does not 25 have regular custodial responsibility for children and each 26 contract with a school for before or aftercare services must 27 ensure that the owners, operators, and all personnel who have 28 direct contact with children are of good moral character. A 29 volunteer who assists on an intermittent basis for less than 30 40 hours per month need not be screened if the volunteer is 31 under direct and constant supervision by persons who meet the 15 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 screening requirements. 2 Section 12. Paragraph (a) of subsection (2) of section 3 985.01, Florida Statutes, is amended to read: 4 985.01 Purposes and intent; personnel standards and 5 screening.-- 6 (2) The Department of Juvenile Justice or the 7 Department of Children and Family Services, as appropriate, 8 may contract with the Federal Government, other state 9 departments and agencies, county and municipal governments and 10 agencies, public and private agencies, and private individuals 11 and corporations in carrying out the purposes of, and the 12 responsibilities established in, this chapter. 13 (a) When the Department of Juvenile Justice or the 14 Department of Children and Family Services contracts with a 15 provider for any program for children, all personnel, 16 including owners, operators, employees, and volunteers, in the 17 facility must be of good moral character. Each contract 18 entered into by either department for services delivered on an 19 appointment or intermittent basis by a provider that does not 20 have regular custodial responsibility for children and each 21 contract with a school for before or aftercare services must 22 ensure that the owners, operators, and all personnel who have 23 direct contact with children are of good moral character. A 24 volunteer who assists on an intermittent basis for less than 25 40 hours per month need not be screened if the volunteer is 26 under direct and constant supervision by persons who meet the 27 screening requirements. 28 Section 13. Subsection (7) of section 985.02, Florida 29 Statutes, is amended to read: 30 985.02 Legislative intent for the juvenile justice 31 system.-- 16 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (7) PARENTAL, CUSTODIAL, AND GUARDIAN 2 RESPONSIBILITIES.--Parents, custodians, and guardians are 3 deemed by the state to be responsible for providing their 4 children with sufficient support, guidance, and supervision to 5 deter their participation in delinquent acts. The state 6 further recognizes that the ability of parents, custodians, 7 and guardians to fulfill those responsibilities can be greatly 8 impaired by economic, social, behavioral, emotional, and 9 related problems. It is therefore the policy of the 10 Legislature that it is the state's responsibility to ensure 11 that factors impeding the ability of caretakers to fulfill 12 their responsibilities are identified through the delinquency 13 intake process and that appropriate recommendations to address 14 those problems are considered in any judicial or nonjudicial 15 proceeding. Nonetheless, as it is also the intent of the 16 Legislature to preserve and strengthen the child's family 17 ties, it is the policy of the Legislature that the emotional, 18 legal, and financial responsibilities of the caretaker with 19 regard to the care, custody, and support of the child continue 20 while the child is in the physical or legal custody of the 21 department. 22 Section 14. Subsections (13), (26), (30), (31), (32), 23 and paragraph (c) of subsection (45) of section 985.03, 24 Florida Statutes, are amended, subsections (46) through (58) 25 of said section are renumbered as subsections (47) through 26 (59), respectively, a new subsection (46) is added to said 27 section, and renumbered subsection (56) of said section is 28 amended, to read: 29 985.03 Definitions.--When used in this chapter, the 30 term: 31 (13) "Conditional release" means the care, treatment, 17 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 help, and supervision provided to a juvenile released from a 2 residential commitment program which is intended to promote 3 rehabilitation and prevent recidivism. The purpose of 4 conditional release is to protect the public, reduce 5 recidivism, increase responsible productive behavior, and 6 provide for a successful transition of the youth from the 7 department to the family. Conditional release includes, but is 8 not limited to, minimum-risk nonresidential community-based 9 programs and postcommitment probation. 10 (26) "Halfway house" means a community-based 11 residential program for 10 or more committed delinquents at 12 the moderate-risk commitment restrictiveness level which that 13 is operated or contracted by the Department of Juvenile 14 Justice. 15 (30) "Juvenile probation officer" means the authorized 16 agent of the Department of Juvenile Justice who performs the 17 intake, or case management, or supervision functions function 18 for a child alleged to be delinquent. 19 (31) "Juvenile sexual offender" means: 20 (a) A juvenile who has been found by the court 21 pursuant to s. 985.228 to have committed a violation of 22 chapter 794, chapter 796, chapter 800, s. 827.071, or s. 23 847.0133; 24 (b) A juvenile found to have committed any felony 25 violation of law or delinquent act involving juvenile sexual 26 abuse. "Juvenile sexual abuse" means any sexual behavior which 27 occurs without consent, without equality, or as a result of 28 coercion. For purposes of this subsection, the following 29 definitions apply: 30 1. "Coercion" means the exploitation of authority, use 31 of bribes, threats of force, or intimidation to gain 18 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 cooperation or compliance. 2 2. "Equality" means two participants operating with 3 the same level of power in a relationship, neither being 4 controlled nor coerced by the other. 5 3. "Consent" means an agreement including all of the 6 following: 7 a. Understanding what is proposed based on age, 8 maturity, developmental level, functioning, and experience. 9 b. Knowledge of societal standards for what is being 10 proposed. 11 c. Awareness of potential consequences and 12 alternatives. 13 d. Assumption that agreement or disagreement will be 14 accepted equally. 15 e. Voluntary decision. 16 f. Mental competence. 17 18 Juvenile sexual offender behavior ranges from noncontact 19 sexual behavior such as making obscene phone calls, 20 exhibitionism, voyeurism, and the showing or taking of lewd 21 photographs to varying degrees of direct sexual contact, such 22 as frottage, fondling, digital penetration, rape, fellatio, 23 sodomy, and various other sexually aggressive acts. 24 (32) "Legal custody or guardian" means a legal status 25 created by court order or letter of guardianship which vests 26 in a custodian of the person or guardian, whether an agency or 27 an individual, the right to have physical custody of the child 28 and the right and duty to protect, train, and discipline the 29 child and to provide him or her with food, shelter, education, 30 and ordinary medical, dental, psychiatric, and psychological 31 care. 19 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (45) "Residential commitment level" means the level of 2 security provided by programs that service the supervision, 3 custody, care, and treatment needs of committed children. 4 Sections 985.3141 and 985.404(13) apply to children placed in 5 programs at any residential commitment level. The levels of 6 residential commitment are as follows: 7 (c) High-risk residential.--Programs or program models 8 at this commitment level are residential and shall not allow 9 youth to have access to the community. Facilities are 10 hardware-secure with perimeter fencing and locking doors. 11 Facilities shall provide 24-hour awake supervision, custody, 12 care, and treatment of residents. Youth assessed and 13 classified for this level of placement require close 14 supervision in a structured residential setting. Placement in 15 programs at this level is prompted by a concern for public 16 safety that outweighs placement in programs at lower 17 commitment restrictiveness levels. The staff at a facility at 18 this commitment level may seclude a child who is a physical 19 threat to himself or herself or others. Mechanical restraint 20 may also be used when necessary. The facility may provide for 21 single cell occupancy. 22 (46) "Respite" means a placement that is available for 23 the care, custody, and placement of a youth charged with 24 domestic violence as an alternative to secure detention or for 25 placement of a youth when a shelter bed for a child in need of 26 services or a family in need of services is unavailable. 27 (56)(55) "Temporary release" means the terms and 28 conditions under which a child is temporarily released from a 29 commitment facility or allowed home visits. If the temporary 30 release is from a moderate-risk residential facility, a 31 high-risk residential facility, or a maximum-risk residential 20 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 facility, the terms and conditions of the temporary release 2 must be approved by the child, the court, and the facility. 3 The term includes periods during which the child is supervised 4 pursuant to a conditional release program or a period during 5 which the child is supervised by a juvenile probation officer 6 or other nonresidential staff of the department or staff 7 employed by an entity under contract with the department. A 8 child placed in a postcommitment supervision program by order 9 of the court is not considered to be on temporary release and 10 is not subject to the terms and conditions of temporary 11 release. 12 Section 15. Subsection (2), paragraph (a) of 13 subsection (3), paragraph (a) of subsection (4), and 14 subsection (5) of section 985.04, Florida Statutes, are 15 amended to read: 16 985.04 Oaths; records; confidential information.-- 17 (2) Records maintained by the Department of Juvenile 18 Justice, including copies of records maintained by the court, 19 which pertain to a child found to have committed a delinquent 20 act which, if committed by an adult, would be a crime 21 specified in ss. 435.03 and 435.04 110.1127, 393.0655, 22 394.457, 397.451, 402.305(2), 409.175, and 409.176 may not be 23 destroyed pursuant to this section for a period of 25 years 24 after the youth's final referral to the department, except in 25 cases of the death of the child. Such records, however, shall 26 be sealed by the court for use only in meeting the screening 27 requirements for personnel in s. 402.3055 and the other 28 sections cited above, or pursuant to departmental rule; 29 however, current criminal history information must be obtained 30 from the Department of Law Enforcement in accordance with s. 31 943.053. The information shall be released to those persons 21 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 specified in the above cited sections for the purposes of 2 complying with those sections. The court may punish by 3 contempt any person who releases or uses the records for any 4 unauthorized purpose. 5 (3)(a) Except as provided in subsections (2), (4), 6 (5), and (6), and s. 943.053, all information obtained under 7 this part in the discharge of official duty by any judge, any 8 employee of the court, any authorized agent of the Department 9 of Juvenile Justice, the Parole Commission, the Juvenile 10 Justice Advisory Board, the Department of Corrections, the 11 juvenile justice circuit boards, any law enforcement agent, or 12 any licensed professional or licensed community agency 13 representative participating in the assessment or treatment of 14 a juvenile is confidential and may be disclosed only to the 15 authorized personnel of the court, the Department of Juvenile 16 Justice and its designees, the Department of Corrections, the 17 Parole Commission, the Juvenile Justice Advisory Board, law 18 enforcement agents, school superintendents and their 19 designees, any licensed professional or licensed community 20 agency representative participating in the assessment or 21 treatment of a juvenile, and others entitled under this 22 chapter to receive that information, or upon order of the 23 court. Within each county, the sheriff, the chiefs of police, 24 the district school superintendent, and the department shall 25 enter into an interagency agreement for the purpose of sharing 26 information about juvenile offenders among all parties. The 27 agreement must specify the conditions under which summary 28 criminal history information is to be made available to 29 appropriate school personnel, and the conditions under which 30 school records are to be made available to appropriate 31 department personnel. Such agreement shall require 22 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 notification to any classroom teacher of assignment to the 2 teacher's classroom of a juvenile who has been placed in a 3 probation or commitment program for a felony offense. The 4 agencies entering into such agreement must comply with s. 5 943.0525, and must maintain the confidentiality of information 6 that is otherwise exempt from s. 119.07(1), as provided by 7 law. 8 (4)(a) Records in the custody of the Department of 9 Juvenile Justice regarding children are not open to inspection 10 by the public. Such records may be inspected only upon order 11 of the Secretary of Juvenile Justice or his or her authorized 12 agent by persons who have sufficient reason and upon such 13 conditions for their use and disposition as the secretary or 14 his or her authorized agent deems proper. The information in 15 such records may be disclosed only to other employees of the 16 Department of Juvenile Justice who have a need therefor in 17 order to perform their official duty; to other persons as 18 authorized by rule of the Department of Juvenile Justice; and, 19 upon request, to the Juvenile Justice Advisory Board and the 20 Department of Corrections. The secretary or his or her 21 authorized agent may permit properly qualified persons to 22 inspect and make abstracts from records for statistical 23 purposes under whatever conditions upon their use and 24 disposition the secretary or his or her authorized agent deems 25 proper, provided adequate assurances are given that children's 26 names and other identifying information will not be disclosed 27 by the applicant. 28 (5) Notwithstanding any other provisions of this part, 29 the name, photograph, address, and crime or arrest report of a 30 child: 31 (a) Taken into custody if the child has been taken 23 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 into custody by a law enforcement officer for a violation of 2 law which, if committed by an adult, would be a felony; or 3 (b) Found by a court to have committed three or more 4 violations of law which, if committed by an adult, would be 5 misdemeanors; 6 (c) Transferred to the adult system pursuant to s. 7 985.227, indicted pursuant to s. 985.225, or waived pursuant 8 to s. 95.226; 9 (d) Taken into custody by a law enforcement officer 10 for a violation of law subject to the provisions of s. 11 985.227(2)(b) or (d); or 12 (e) Transferred to the adult system but sentenced to 13 the juvenile system pursuant to s. 985.233 14 15 shall not be considered confidential and exempt from the 16 provisions of s. 119.07(1) solely because of the child's age. 17 Section 16. Paragraph (d) of subsection (1) and 18 subsection (2) of section 985.207, Florida Statutes, are 19 amended to 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 probation, home detention, 26 postcommitment probation community control, or conditional 27 release supervision or has escaped absconded from 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. 24 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (2) When a child is taken into custody as provided in 2 this section, the person taking the child into custody shall 3 attempt to notify the parent, guardian, or legal custodian of 4 the child. The person taking the child into custody shall 5 continue such attempt until the parent, guardian, or legal 6 custodian of the child is notified or the child is delivered 7 to a juvenile probation officer pursuant to s. 985.21, 8 whichever occurs first. If the child is delivered to a 9 juvenile probation officer before the parent, guardian, or 10 legal custodian is notified, the juvenile probation officer 11 shall continue the attempt to notify until the parent, 12 guardian, or legal custodian of the child is notified. 13 Following notification, the parent or guardian must provide 14 identifying information, including name, address, date of 15 birth, social security number, and driver's license number or 16 identification card number of the parent or guardian to the 17 person taking the child into custody or the juvenile probation 18 officer. 19 Section 17. Subsection (5) of section 985.21, Florida 20 Statutes, is amended to read: 21 985.21 Intake and case management.-- 22 (5) Prior to requesting that a delinquency petition be 23 filed or prior to filing a dependency petition, the juvenile 24 probation officer may request the parent or legal guardian of 25 the child to attend a course of instruction in parenting 26 skills, training in conflict resolution, and the practice of 27 nonviolence; to accept counseling; or to receive other 28 assistance from any agency in the community which notifies the 29 clerk of the court of the availability of its services. Where 30 appropriate, the juvenile probation officer shall request both 31 parents or guardians to receive such parental assistance. The 25 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 juvenile probation officer may, in determining whether to 2 request that a delinquency petition be filed, take into 3 consideration the willingness of the parent or legal guardian 4 to comply with such request. The parent or guardian must 5 provide the juvenile probation officer with identifying 6 information, including the parent's or guardian's name, 7 address, date of birth, social security number, and driver's 8 license number or identification card number in order to 9 comply with ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d). 10 Section 18. Paragraph (b) of subsection (2) of section 11 985.213, Florida Statutes, is amended to read: 12 985.213 Use of detention.-- 13 (2) 14 (b)1. The risk assessment instrument for detention 15 care placement determinations and orders shall be developed by 16 the Department of Juvenile Justice in agreement with 17 representatives appointed by the following associations: the 18 Conference of Circuit Judges of Florida, the Prosecuting 19 Attorneys Association, the Public Defenders Association, the 20 Florida Sheriffs Association, and the Florida Association of 21 Chiefs of Police. Each association shall appoint two 22 individuals, one representing an urban area and one 23 representing a rural area. The parties involved shall 24 evaluate and revise the risk assessment instrument as is 25 considered necessary using the method for revision as agreed 26 by the parties. The risk assessment instrument shall take into 27 consideration, but need not be limited to, prior history of 28 failure to appear, prior offenses, offenses committed pending 29 adjudication, any unlawful possession of a firearm, theft of a 30 motor vehicle or possession of a stolen motor vehicle, and 31 probation community control status at the time the child is 26 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 taken into custody. The risk assessment instrument shall also 2 take into consideration appropriate aggravating and mitigating 3 circumstances, and shall be designed to target a narrower 4 population of children than s. 985.215(2). The risk assessment 5 instrument shall also include any information concerning the 6 child's history of abuse and neglect. The risk assessment 7 shall indicate whether detention care is warranted, and, if 8 detention care is warranted, whether the child should be 9 placed into secure, nonsecure, or home detention care. 10 2. If, at the detention hearing, the court finds a 11 material error in the scoring of the risk assessment 12 instrument, the court may amend the score to reflect factual 13 accuracy. 14 3. A child who is charged with committing an offense 15 of domestic violence as defined in s. 741.28(1) and who does 16 not meet detention criteria may be held in secure detention if 17 the court makes specific written findings that: 18 a. Respite care for the child is not available; and 19 b. It is necessary to place the child in secure 20 detention in order to protect the victim from injury. 21 22 The child may not be held in secure detention under this 23 subparagraph for more than 48 hours unless ordered by the 24 court. After 48 hours, the court shall hold a hearing if the 25 state attorney or victim requests that secure detention be 26 continued. The child may continue to be held in detention care 27 if the court makes a specific, written finding that detention 28 care is necessary to protect the victim from injury. However, 29 the child may not be held in detention care beyond the time 30 limits set forth in s. 985.215. 31 4. For a child who is under the supervision of the 27 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 department through probation community control, home 2 detention, nonsecure detention, conditional release aftercare, 3 postcommitment probation community control, or commitment and 4 who is charged with committing a new offense, the risk 5 assessment instrument may be completed and scored based on the 6 underlying charge for which the child was placed under the 7 supervision of the department and the new offense. 8 Section 19. Paragraph (a) of subsection (2) of section 9 985.215, Florida Statutes, is amended, and paragraph (f) is 10 added to subsection (10) of said section, to read: 11 985.215 Detention.-- 12 (2) Subject to the provisions of subsection (1), a 13 child taken into custody and placed into nonsecure or home 14 detention care or detained in secure detention care prior to a 15 detention hearing may continue to be detained by the court if: 16 (a) The child is alleged to be an escapee or an 17 absconder from a commitment program, a probation program, 18 furlough, or conditional release supervision, or is alleged to 19 have escaped while being lawfully transported to or from such 20 program or supervision. 21 22 A child who meets any of these criteria and who is ordered to 23 be detained pursuant to this subsection shall be given a 24 hearing within 24 hours after being taken into custody. The 25 purpose of the detention hearing is to determine the existence 26 of probable cause that the child has committed the delinquent 27 act or violation of law with which he or she is charged and 28 the need for continued detention. Unless a child is detained 29 under paragraph (d) or paragraph (e), the court shall utilize 30 the results of the risk assessment performed by the juvenile 31 probation officer and, based on the criteria in this 28 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 subsection, shall determine the need for continued detention. 2 A child placed into secure, nonsecure, or home detention care 3 may continue to be so detained by the court pursuant to this 4 subsection. If the court orders a placement more restrictive 5 than indicated by the results of the risk assessment 6 instrument, the court shall state, in writing, clear and 7 convincing reasons for such placement. Except as provided in 8 s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b), 9 paragraph (10)(c), or paragraph (10)(d), when a child is 10 placed into secure or nonsecure detention care, or into a 11 respite home or other placement pursuant to a court order 12 following a hearing, the court order must include specific 13 instructions that direct the release of the child from such 14 placement no later than 5 p.m. on the last day of the 15 detention period specified in paragraph (5)(b) or paragraph 16 (5)(c), or subparagraph (10)(a)1., whichever is applicable, 17 unless the requirements of such applicable provision have been 18 met or an order of continuance has been granted pursuant to 19 paragraph (5)(d). 20 (10) 21 (f) Regardless of detention status, a child being 22 transported by the department to a commitment facility of the 23 department may be placed in secure detention overnight, not to 24 exceed a 24-hour period, for the specific purpose of ensuring 25 the safe delivery of the child to his or her commitment 26 program, court, appointment, transfer, or release. 27 Section 20. Effective upon this act becoming a law and 28 operating retroactively to July 1, 2000, subsection (6) of 29 section 985.215, Florida Statutes, is amended to read: 30 985.215 Detention.-- 31 (6)(a) When any child is placed into secure, 29 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 nonsecure, or home detention care or into other placement 2 pursuant to a court order following a detention hearing, the 3 court shall order the natural or adoptive parents or guardians 4 of such child, including the natural father of such child born 5 out of wedlock who has acknowledged his paternity in writing 6 before the court, or the guardian of such child's estate, if 7 possessed of assets which under law may be disbursed for the 8 care, support, and maintenance of the child, to pay to the 9 Department of Juvenile Justice fees in the an amount of $5 $20 10 per day that the child is under the care or supervision of the 11 department in order to partially offset related to the cost of 12 the care, support, and maintenance, and other usual and 13 ordinary obligations of parents to provide for the needs of 14 their children of the child, as established by the Department 15 of Juvenile Justice, unless the court makes a finding on the 16 record that the parent or guardian of the child is indigent. 17 (b) At the time of the detention hearing, the 18 department shall report to the court, verbally or in writing, 19 any available information concerning the ability of the parent 20 or guardian of the child to pay such fee. If the court makes a 21 finding of indigency, the parent or guardian shall pay to the 22 department a nominal subsistence fee of $2 per day that the 23 child is securely detained outside the home or $1 per day if 24 the child is otherwise detained in lieu of other fees related 25 to the parent's obligation for the child's cost of care. The 26 nominal subsistence fee may only be waived or reduced if the 27 court makes a finding that such payment would constitute a 28 significant financial hardship. Such finding shall be in 29 writing and shall contain a detailed description of the facts 30 that led the court to make both the finding of indigency and 31 the finding of significant financial hardship. As to each 30 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 parent or guardian for whom the court makes a finding of 2 indigency, the court may reduce the fees or waive the fees 3 upon a showing by the parent or guardian of an inability to 4 pay the fees specified herein. If the court makes a finding of 5 indigency or inability to pay the full cost of care, support, 6 and maintenance of the child, the court shall order the parent 7 or guardian to pay to the department a nominal subsistence fee 8 on behalf of the child in the amount of at least $2 per day 9 that the child is detained outside the home or at least $1 per 10 day if the child is otherwise detained, unless the court makes 11 a finding on the record that the parent or guardian would 12 suffer a significant hardship if obligated for such amount. 13 (c) In addition, the court may reduce the fees or 14 waive the fees as to each parent or guardian if the court 15 makes a finding on the record that the parent or guardian was 16 the victim of the delinquent act or violation of law for which 17 the child is detained and that the parent or guardian is 18 cooperating in the investigation of the offense. As to each 19 parent or guardian, the court may reduce the fees or waive the 20 fees if the court makes a finding on the record that the 21 parent or guardian has made a diligent and good faith effort 22 to prevent the child from engaging in the delinquent act or 23 violation of law. 24 (d) The court must include specific findings in the 25 detention order as to what fees are ordered, reduced, or 26 waived. If the court fails to enter an order as required by 27 this subsection, it shall be presumed that the court intended 28 the parent or guardian to pay to the department the fee of $5 29 $20 per day that the child remains in detention care. 30 (e) With respect to a child who has been found to have 31 committed a delinquent act or violation of law, whether or not 31 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 adjudication is withheld, and whose parent or guardian 2 receives public assistance for any portion of that child's 3 care, the department must seek a federal waiver to garnish or 4 otherwise order the payments of the portion of the public 5 assistance relating to that child to offset the costs of 6 providing care, custody, maintenance, rehabilitation, 7 intervention, or corrective services to the child. When the 8 order affects the guardianship estate, a certified copy of the 9 order shall be delivered to the judge having jurisdiction of 10 the guardianship estate. 11 (f) The clerk of the circuit court shall act as a 12 depository for these fees. Upon each payment received, the 13 clerk of the circuit court shall receive a fee from the total 14 payment of 3 percent of any payment made except that no fee 15 shall be less than $1 nor more than $5 per payment made. This 16 fee shall serve as a service charge for the administration, 17 management, and maintenance of each payment. At the end of 18 each month, the clerk of the circuit court shall send all 19 money collected under this section to the state Grants and 20 Donations Trust Fund. 21 (g) The parent or guardian shall provide to the 22 department the parent's or guardian's name, address, social 23 security number, date of birth, and driver's license number or 24 identification card number and sufficient financial 25 information for the department to be able to determine the 26 parent's or guardian's ability to pay. If the parent or 27 guardian refuses to provide the department with any 28 identifying information or financial information, the court 29 shall order the parent to comply and may pursue contempt of 30 court sanctions for failure to comply. 31 (h) The department may employ a collection agency for 32 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 the purpose of receiving, collecting, and managing the payment 2 of unpaid and delinquent fees. The collection agency must be 3 registered and in good standing under chapter 559. The 4 department may pay to the collection agency a fee from the 5 amount collected under the claim or may authorize the agency 6 to deduct the fee from the amount collected. The department 7 may also pay for collection services from available authorized 8 funds. 9 (i) The department may enter into agreements with 10 parents or guardians to establish a schedule of periodic 11 payments if payment of the obligation in full presents an 12 undue hardship. Any such agreement may provide for payment of 13 interest consistent with prevailing loan rates. 14 (j) The Department of Juvenile Justice shall provide 15 to the payor documentation of any amounts paid by the payor to 16 the Department of Juvenile Justice on behalf of the child. All 17 payments received by the department pursuant to this 18 subsection shall be deposited in the state Grants and 19 Donations Trust Fund. Neither the court nor the department 20 may extend the child's length of stay in detention care solely 21 for the purpose of collecting fees. 22 Section 21. Subsection (4) of section 985.227, Florida 23 Statutes, is amended to read: 24 985.227 Prosecution of juveniles as adults by the 25 direct filing of an information in the criminal division of 26 the circuit court; discretionary criteria; mandatory 27 criteria.-- 28 (4) DIRECT-FILE POLICIES AND GUIDELINES.--Each state 29 attorney shall develop written policies and guidelines to 30 govern determinations for filing an information on a juvenile, 31 to be submitted to the Executive Office of the Governor, the 33 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 President of the Senate, and the Speaker of the House of 2 Representatives, and the Juvenile Justice Advisory Board not 3 later than January 1 of each year. 4 Section 22. Subsection (4) of section 985.228, Florida 5 Statutes, is amended to read: 6 985.228 Adjudicatory hearings; withheld adjudications; 7 orders of adjudication.-- 8 (4) If the court finds that the child named in the 9 petition has committed a delinquent act or violation of law, 10 it may, in its discretion, enter an order stating the facts 11 upon which its finding is based but withholding adjudication 12 of delinquency and placing the child in a probation program 13 under the supervision of the department or under the 14 supervision of any other person or agency specifically 15 authorized and appointed by the court. The court may, as a 16 condition of the program, impose as a penalty component 17 restitution in money or in kind, community service, a curfew, 18 urine monitoring, revocation or suspension of the driver's 19 license of the child, or other nonresidential punishment 20 appropriate to the offense, and may impose as a rehabilitative 21 component a requirement of participation in substance abuse 22 treatment, or school or other educational program attendance. 23 If the child is attending public school and the court finds 24 that the victim or a sibling of the victim in the case was 25 assigned to attend or is eligible to attend the same school as 26 the child, the court order shall include a finding pursuant to 27 the proceedings described in s. 985.23(1)(d). If the court 28 later finds that the child has not complied with the rules, 29 restrictions, or conditions of the community-based program, 30 the court may, after a hearing to establish the lack of 31 compliance, but without further evidence of the state of 34 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 delinquency, enter an adjudication of delinquency and shall 2 thereafter have full authority under this chapter to deal with 3 the child as adjudicated. 4 Section 23. Paragraph (d) of subsection (1) of section 5 985.23, Florida Statutes, is amended to read: 6 985.23 Disposition hearings in delinquency 7 cases.--When a child has been found to have committed a 8 delinquent act, the following procedures shall be applicable 9 to the disposition of the case: 10 (1) Before the court determines and announces the 11 disposition to be imposed, it shall: 12 (d) Give all parties present at the hearing an 13 opportunity to comment on the issue of disposition and any 14 proposed rehabilitative plan. Parties to the case shall 15 include the parents, legal custodians, or guardians of the 16 child; the child's counsel; the state attorney; 17 representatives of the department; the victim if any, or his 18 or her representative; representatives of the school system; 19 and the law enforcement officers involved in the case. If the 20 child is attending or is eligible to attend public school and 21 the court finds that the victim or a sibling of the victim in 22 the case is attending or may attend the same school as the 23 child, the court shall, on its own motion or upon the request 24 of any party or any parent or legal guardian of the victim, 25 determine whether it is appropriate to enter a no contact 26 order in favor of the victim or a sibling of the victim. If 27 appropriate and acceptable to the victim and the victim's 28 parent or parents or legal guardian, the court may reflect in 29 the written disposition order that the victim or the victim's 30 parent stated in writing or in open court that he or she did 31 not object to the offender being permitted to attend the same 35 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 school or ride on the same school bus as the victim or a 2 sibling of the victim. 3 4 It is the intent of the Legislature that the criteria set 5 forth in subsection (2) are general guidelines to be followed 6 at the discretion of the court and not mandatory requirements 7 of procedure. It is not the intent of the Legislature to 8 provide for the appeal of the disposition made pursuant to 9 this section. 10 Section 24. Paragraph (a) of subsection (1) and 11 subsection (2) of section 985.231, Florida Statutes, are 12 amended to read: 13 985.231 Powers of disposition in delinquency cases.-- 14 (1)(a) The court that has jurisdiction of an 15 adjudicated delinquent child may, by an order stating the 16 facts upon which a determination of a sanction and 17 rehabilitative program was made at the disposition hearing: 18 1. Place the child in a probation program or a 19 postcommitment probation program under the supervision of an 20 authorized agent of the Department of Juvenile Justice or of 21 any other person or agency specifically authorized and 22 appointed by the court, whether in the child's own home, in 23 the home of a relative of the child, or in some other suitable 24 place under such reasonable conditions as the court may 25 direct. A probation program for an adjudicated delinquent 26 child must include a penalty component such as restitution in 27 money or in kind, community service, a curfew, revocation or 28 suspension of the driver's license of the child, or other 29 nonresidential punishment appropriate to the offense and must 30 also include a rehabilitative program component such as a 31 requirement of participation in substance abuse treatment or 36 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 in school or other educational program. If the child is 2 attending or is eligible to attend public school and the court 3 finds that the victim or a sibling of the victim in the case 4 is attending or may attend the same school as the child, the 5 court placement order shall include a finding pursuant to the 6 proceedings described in s. 985.23(1)(d). Upon the 7 recommendation of the department at the time of disposition, 8 or subsequent to disposition pursuant to the filing of a 9 petition alleging a violation of the child's conditions of 10 postcommitment probation or conditional release supervision, 11 the court may order the child to submit to random testing for 12 the purpose of detecting and monitoring the use of alcohol or 13 controlled substances. 14 a. A restrictiveness level classification scale for 15 levels of supervision shall be provided by the department, 16 taking into account the child's needs and risks relative to 17 probation supervision requirements to reasonably ensure the 18 public safety. Probation programs for children shall be 19 supervised by the department or by any other person or agency 20 specifically authorized by the court. These programs must 21 include, but are not limited to, structured or restricted 22 activities as described in this subparagraph, and shall be 23 designed to encourage the child toward acceptable and 24 functional social behavior. If supervision or a program of 25 community service is ordered by the court, the duration of 26 such supervision or program must be consistent with any 27 treatment and rehabilitation needs identified for the child 28 and may not exceed the term for which sentence could be 29 imposed if the child were committed for the offense, except 30 that the duration of such supervision or program for an 31 offense that is a misdemeanor of the second degree, or is 37 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 equivalent to a misdemeanor of the second degree, may be for a 2 period not to exceed 6 months. When restitution is ordered by 3 the court, the amount of restitution may not exceed an amount 4 the child and the parent or guardian could reasonably be 5 expected to pay or make. A child who participates in any work 6 program under this part is considered an employee of the state 7 for purposes of liability, unless otherwise provided by law. 8 b. The court may conduct judicial review hearings for 9 a child placed on probation for the purpose of fostering 10 accountability to the judge and compliance with other 11 requirements, such as restitution and community service. The 12 court may allow early termination of probation for a child who 13 has substantially complied with the terms and conditions of 14 probation. 15 c. If the conditions of the probation program or the 16 postcommitment probation program are violated, the department 17 or the state attorney may bring the child before the court on 18 a petition alleging a violation of the program. Any child who 19 violates the conditions of probation or postcommitment 20 probation must be brought before the court if sanctions are 21 sought. A child taken into custody under s. 985.207 for 22 violating the conditions of probation or postcommitment 23 probation shall be held in a consequence unit if such a unit 24 is available. The child shall be afforded a hearing within 24 25 hours after being taken into custody to determine the 26 existence of probable cause that the child violated the 27 conditions of probation or postcommitment probation. A 28 consequence unit is a secure facility specifically designated 29 by the department for children who are taken into custody 30 under s. 985.207 for violating probation or postcommitment 31 probation, or who have been found by the court to have 38 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 violated the conditions of probation or postcommitment 2 probation. If the violation involves a new charge of 3 delinquency, the child may be detained under s. 985.215 in a 4 facility other than a consequence unit. If the child is not 5 eligible for detention for the new charge of delinquency, the 6 child may be held in the consequence unit pending a hearing 7 and is subject to the time limitations specified in s. 8 985.215. If the child denies violating the conditions of 9 probation or postcommitment probation, the court shall appoint 10 counsel to represent the child at the child's request. Upon 11 the child's admission, or if the court finds after a hearing 12 that the child has violated the conditions of probation or 13 postcommitment probation, the court shall enter an order 14 revoking, modifying, or continuing probation or postcommitment 15 probation. In each such case, the court shall enter a new 16 disposition order and, in addition to the sanctions set forth 17 in this paragraph, may impose any sanction the court could 18 have imposed at the original disposition hearing. If the child 19 is found to have violated the conditions of probation or 20 postcommitment probation, the court may: 21 (I) Place the child in a consequence unit in that 22 judicial circuit, if available, for up to 5 days for a first 23 violation, and up to 15 days for a second or subsequent 24 violation. 25 (II) Place the child on home detention with electronic 26 monitoring. However, this sanction may be used only if a 27 residential consequence unit is not available. 28 (III) Modify or continue the child's probation program 29 or postcommitment probation program. 30 (IV) Revoke probation or postcommitment probation and 31 commit the child to the department. 39 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 d. Notwithstanding s. 743.07 and paragraph (d), and 2 except as provided in s. 985.31, the term of any order placing 3 a child in a probation program must be until the child's 19th 4 birthday unless he or she is released by the court, on the 5 motion of an interested party or on its own motion. 6 2. Commit the child to a licensed child-caring agency 7 willing to receive the child, but the court may not commit the 8 child to a jail or to a facility used primarily as a detention 9 center or facility or shelter. 10 3. Commit the child to the Department of Juvenile 11 Justice at a residential commitment restrictiveness level 12 defined in s. 985.03. Such commitment must be for the purpose 13 of exercising active control over the child, including, but 14 not limited to, custody, care, training, urine monitoring, and 15 treatment of the child and release of the child into the 16 community in a postcommitment nonresidential conditional 17 release program. If the child is eligible to attend public 18 school following residential commitment and the court finds 19 that the victim or a sibling of the victim in the case is or 20 may be attending the same school as the child, the commitment 21 order shall include a finding pursuant to the proceedings 22 described in s. 985.23(1)(d). If the child is not successful 23 in the conditional release program, the department may use the 24 transfer procedure under s. 985.404. Notwithstanding s. 743.07 25 and paragraph (d), and except as provided in s. 985.31, the 26 term of the commitment must be until the child is discharged 27 by the department or until he or she reaches the age of 21. 28 4. Revoke or suspend the driver's license of the 29 child. 30 5. Require the child and, if the court finds it 31 appropriate, the child's parent or guardian together with the 40 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 child, to render community service in a public service 2 program. 3 6. As part of the probation program to be implemented 4 by the Department of Juvenile Justice, or, in the case of a 5 committed child, as part of the community-based sanctions 6 ordered by the court at the disposition hearing or before the 7 child's release from commitment, order the child to make 8 restitution in money, through a promissory note cosigned by 9 the child's parent or guardian, or in kind for any damage or 10 loss caused by the child's offense in a reasonable amount or 11 manner to be determined by the court. The clerk of the circuit 12 court shall be the receiving and dispensing agent. In such 13 case, the court shall order the child or the child's parent or 14 guardian to pay to the office of the clerk of the circuit 15 court an amount not to exceed the actual cost incurred by the 16 clerk as a result of receiving and dispensing restitution 17 payments. The clerk shall notify the court if restitution is 18 not made, and the court shall take any further action that is 19 necessary against the child or the child's parent or guardian. 20 A finding by the court, after a hearing, that the parent or 21 guardian has made diligent and good faith efforts to prevent 22 the child from engaging in delinquent acts absolves the parent 23 or guardian of liability for restitution under this 24 subparagraph. 25 7. Order the child and, if the court finds it 26 appropriate, the child's parent or guardian together with the 27 child, to participate in a community work project, either as 28 an alternative to monetary restitution or as part of the 29 rehabilitative or probation program. 30 8. Commit the child to the Department of Juvenile 31 Justice for placement in a program or facility for serious or 41 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 habitual juvenile offenders in accordance with s. 985.31. Any 2 commitment of a child to a program or facility for serious or 3 habitual juvenile offenders must be for an indeterminate 4 period of time, but the time may not exceed the maximum term 5 of imprisonment that an adult may serve for the same offense. 6 The court may retain jurisdiction over such child until the 7 child reaches the age of 21, specifically for the purpose of 8 the child completing the program. 9 9. In addition to the sanctions imposed on the child, 10 order the parent or guardian of the child to perform community 11 service if the court finds that the parent or guardian did not 12 make a diligent and good faith effort to prevent the child 13 from engaging in delinquent acts. The court may also order the 14 parent or guardian to make restitution in money or in kind for 15 any damage or loss caused by the child's offense. The court 16 shall determine a reasonable amount or manner of restitution, 17 and payment shall be made to the clerk of the circuit court as 18 provided in subparagraph 6. 19 10. Subject to specific appropriation, commit the 20 juvenile sexual offender to the Department of Juvenile Justice 21 for placement in a program or facility for juvenile sexual 22 offenders in accordance with s. 985.308. Any commitment of a 23 juvenile sexual offender to a program or facility for juvenile 24 sexual offenders must be for an indeterminate period of time, 25 but the time may not exceed the maximum term of imprisonment 26 that an adult may serve for the same offense. The court may 27 retain jurisdiction over a juvenile sexual offender until the 28 juvenile sexual offender reaches the age of 21, specifically 29 for the purpose of completing the program. 30 (2) Following a delinquency adjudicatory hearing 31 pursuant to s. 985.228 and a delinquency disposition hearing 42 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 pursuant to s. 985.23 which results in a commitment 2 determination, the court shall, on its own or upon request by 3 the state or the department, determine whether the protection 4 of the public requires that the child be placed in a program 5 for serious or habitual juvenile offenders and whether the 6 particular needs of the child would be best served by a 7 program for serious or habitual juvenile offenders as provided 8 in s. 985.31. The determination shall be made pursuant to ss. 9 985.03(46)(47) and 985.23(3). 10 Section 25. Effective upon this act becoming a law and 11 operating retroactively to July 1, 2000, paragraph (b) of 12 subsection (1) of section 985.231, Florida Statutes, is 13 amended to read: 14 985.231 Powers of disposition in delinquency cases.-- 15 (1) 16 (b)1. When any child is adjudicated by the court to 17 have committed a delinquent act and temporary legal custody of 18 the child has been placed with a licensed child-caring agency 19 or the Department of Juvenile Justice, the court shall order 20 the natural or adoptive parents of such child, including the 21 natural father of such child born out of wedlock who has 22 acknowledged his paternity in writing before the court, or the 23 guardian of such child's estate, if possessed of assets that 24 under law may be disbursed for the care, support, and 25 maintenance of the child, to pay fees to the department in the 26 amount of $5 per day that the child is under the care or 27 supervision of the department in order to partially offset the 28 not to exceed the actual cost of the care, support, and 29 maintenance, and other usual and ordinary obligations of 30 parents to provide for the needs of their children while of 31 the child in the recommended residential commitment level, 43 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 unless the court makes a finding on the record that the parent 2 or guardian of the child is indigent. 3 2. No later than the disposition hearing, the 4 department shall provide the court with information concerning 5 the actual cost of care, support, and maintenance of the child 6 in the recommended residential commitment level and concerning 7 the ability of the parent or guardian of the child to pay any 8 fees. If the court makes a finding of indigency, the parent or 9 guardianship shall pay to the department a nominal subsistence 10 fee of $2 per day that the child is committed outside the home 11 or $1 per day if the child is otherwise supervised in lieu of 12 other fees related to the parents' obligation for the child's 13 cost of care. The nominal subsistence fee may only be waived 14 or reduced if the court makes a finding that such payment 15 would constitute a significant financial hardship. Such 16 finding shall be in writing and shall contain a detailed 17 description of the facts that led the court to make both the 18 finding of indigency and the finding of significant financial 19 hardship. As to each parent or guardian for whom the court 20 makes a finding of indigency, the court may reduce the fees or 21 waive the fees upon a showing by the parent or guardian of an 22 inability to pay the full cost of the care, support, and 23 maintenance of the child. If the court makes a finding of 24 indigency or inability to pay the full cost of care, support, 25 and maintenance of the child, the court shall order the parent 26 or guardian to pay to the department a nominal subsistence fee 27 on behalf of the child in the amount of at least $2 per day 28 that the child is placed outside the home or at least $1 per 29 day if the child is otherwise placed, unless the court makes a 30 finding on the record that the parent or guardian would suffer 31 a significant hardship if obligated for such amount. 44 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 3. In addition, the court may reduce the fees or waive 2 the fees as to each parent or guardian if the court makes a 3 finding on the record that the parent or guardian was the 4 victim of the delinquent act or violation of law for which the 5 child is subject to placement under this section and that the 6 parent or guardian has cooperated in the investigation and 7 prosecution of the offense. As to each parent or guardian, the 8 court may reduce the fees or waive the fees if the court makes 9 a finding on the record that the parent or guardian has made a 10 diligent and good faith effort to prevent the child from 11 engaging in the delinquent act or violation of law. 12 4. All orders committing a child to a residential 13 commitment program shall include specific findings as to what 14 fees are ordered, reduced, or waived. If the court fails to 15 enter an order as required by this paragraph, it shall be 16 presumed that the court intended the parent or guardian to pay 17 fees to the department in an amount of $5 per day related to 18 not to exceed the actual cost of the care, support, and 19 maintenance of the child. With regard to a child who reaches 20 the age of 18 prior to the disposition hearing, the court may 21 elect to direct an order required by this paragraph to such 22 child, rather than the parent or guardian. With regard to a 23 child who reaches the age of 18 while in the custody of the 24 department, the court may, upon proper motion of any party, 25 hold a hearing as to whether any party should be further 26 obligated respecting the payment of fees. When the order 27 affects the guardianship estate, a certified copy of the order 28 shall be delivered to the judge having jurisdiction of the 29 guardianship estate. 30 5. The clerk of the circuit court shall act as a 31 depository for these fees. Upon each payment received, the 45 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 clerk of the circuit court shall receive a fee from the total 2 payment of 3 percent of any payment made except that no fee 3 shall be less than $1 nor more than $5 per payment made. This 4 fee shall serve as a service charge for the administration, 5 management, and maintenance of each payment. At the end of 6 each month, the clerk of the circuit court shall send all 7 money collected under this section to the state Grants and 8 Donations Trust Fund. 9 6. The parent or guardian shall provide to the 10 department the parent or guardian's name, address, social 11 security number, state of birth, and driver's license number 12 or identification card number and sufficient financial 13 information for the department to be able to determine the 14 parent or guardian's ability to pay. If the parent or 15 guardian refuses to provide the department with any 16 identifying information or financial information, the court 17 shall order the parent to comply and may pursue contempt of 18 court sanctions for failure to comply. 19 7. The department may employ a collection agency for 20 the purpose of receiving, collecting, and managing the payment 21 of unpaid and delinquent fees. The collection agency must be 22 registered and in good standing under chapter 559. The 23 department may pay to the collection agency a fee from the 24 amount collected under the claim or may authorize the agency 25 to deduct the fee from the amount collected. The department 26 may also pay for collection services from available authorized 27 funds. 28 8. The department may enter into agreements with 29 parents or guardians to establish a schedule of periodic 30 payments if payment of the obligation in full presents an 31 undue hardship. Any such agreement may provide for payment of 46 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 interests consistent with prevailing loan rates. 2 9. The Department of Juvenile Justice shall provide to 3 the payor documentation of any amounts paid by the payor to 4 the Department of Juvenile Justice on behalf of the child. All 5 payments received by the department pursuant to this 6 subsection shall be deposited in the state Grants and 7 Donations Trust Fund. 8 10. Neither the court nor the department may extend 9 the child's length of stay in placement care solely for the 10 purpose of collecting fees. 11 Section 26. Effective upon this act becoming a law and 12 operating retroactively to July 1, 2000, paragraph (d) of 13 subsection (4) of section 985.233, Florida Statutes, is 14 amended to read: 15 985.233 Sentencing powers; procedures; alternatives 16 for juveniles prosecuted as adults.-- 17 (4) SENTENCING ALTERNATIVES.-- 18 (d)1. Recoupment of cost of care in juvenile justice 19 facilities.--When the court orders commitment of a child to 20 the Department of Juvenile Justice for treatment in any of the 21 department's programs for children, the court shall order the 22 natural or adoptive parents of such child, including the 23 natural father of such child born out of wedlock who has 24 acknowledged his paternity in writing before the court, or 25 guardian of such child's estate, if possessed of assets which 26 under law may be disbursed for the care, support, and 27 maintenance of the child, to pay fees in the amount of $5 per 28 day that the child is under the care or supervision of the 29 department in order to partially offset the not to exceed the 30 actual cost of the care, support, and maintenance, and other 31 usual and ordinary obligations of parents to provide for the 47 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 needs of their children of the child, unless the court makes a 2 finding on the record that the parent or legal guardian of the 3 child is indigent. 4 2. Prior to commitment, the department shall provide 5 the court with information concerning the actual cost of care 6 in the recommended residential commitment level and concerning 7 the ability of the parent or guardian of the child to pay 8 specified fees. If the court makes a finding of indigency, the 9 parent or guardian shall pay to the department a nominal 10 subsistence fee of $2 per day that the child is committed 11 outside the home or $1 per day if the child is otherwise 12 supervised in lieu of other fees related to the parent's 13 obligation for the child's cost of care. The nominal 14 subsistence fee may only be waived or reduced if the court 15 makes a finding that such payment would constitute a 16 significant financial hardship. Such finding shall be in 17 writing and shall contain a detailed description of the facts 18 that led the court to make both the finding of indigency and 19 the finding of significant financial hardship. As to each 20 parent or guardian for whom the court makes a finding of 21 indigency, the court may reduce the fees or waive the fees 22 upon a showing by the parent or guardian of an inability to 23 pay the full cost of the care, support, and maintenance of the 24 child. If the court makes a finding of indigency or inability 25 to pay the full cost of care, support, and maintenance of the 26 child, the court shall order the parent or guardian to pay the 27 department a nominal subsistence fee on behalf of the child in 28 the amount of at least $2 per day that the child is placed 29 outside the home or at least $1 per day if the child is 30 otherwise placed, unless the court makes a finding on the 31 record that the parent or guardian would suffer a significant 48 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 hardship if obligated for such amount. 2 3. In addition, the court may reduce the fees or waive 3 the fees as to each parent or guardian if the court makes a 4 finding on the record that the parent or guardian was the 5 victim of the delinquent act or violation of law for which the 6 child is subject to commitment under this section and that the 7 parent or guardian has cooperated in the investigation and 8 prosecution of the offense. As to each parent or guardian, 9 the court may reduce the fees or waive the fees if the court 10 makes a finding on the record that the parent or guardian has 11 made a diligent and good faith effort to prevent the child 12 from engaging in the delinquent act or violation of law. When 13 the order affects the guardianship estate, a certified copy of 14 the order shall be delivered to the judge having jurisdiction 15 of the guardianship estate. 16 4. All orders committing a child to a residential 17 commitment program shall include specific findings as to what 18 fees are ordered, reduced, or waived. If the court fails to 19 enter an order as required by this paragraph, it shall be 20 presumed that the court intended the parent or guardian to pay 21 fees to the department in an amount of $5 per day related to 22 not to exceed the actual cost of the care, support, and 23 maintenance of the child. With regard to a child who reaches 24 the age of 18 prior to the disposition hearing, the court may 25 elect to direct an order required by this paragraph to such 26 child, rather than the parent or guardian. With regard to a 27 child who reaches the age of 18 while in the custody of the 28 department, the court may, upon proper motion of any party, 29 hold a hearing as to whether any party should be further 30 obligated respecting the payment of fees. 31 5. The clerk of the circuit court shall act as a 49 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 depository for these fees. Upon each payment received, the 2 clerk of the circuit court shall receive a fee from the total 3 payment of 3 percent of any payment made except that no fee 4 shall be less than $1 nor more than $5 per payment made. This 5 fee shall serve as a service charge for the administration, 6 management, and maintenance of each payment. At the end of 7 each month, the clerk of the circuit court shall send all 8 money collected under this section to the state Grants and 9 Donations Trust Fund. 10 6. The parent or guardian shall provide to the 11 department the parent or guardian's name, address, social 12 security number, date of birth, and driver's license number or 13 identification card number and sufficient financial 14 information for the department to be able to determine the 15 parent or guardian's ability to pay. If the parent or 16 guardian refuses to provide the department with any 17 identifying information or financial information, the court 18 shall order the parent to comply and may pursue contempt of 19 court sanctions for failure to comply. 20 7. The department may employ a collection agency for 21 the purpose of receiving, collecting, and managing the payment 22 of unpaid and delinquent fees. The collection agency must be 23 registered and in good standing under chapter 559. The 24 department may pay to the collection agency a fee from the 25 amount collected under the claim or may authorize the agency 26 to deduct the fee from the amount collected. The department 27 may also pay for collection services from available authorized 28 funds. The Department of Juvenile Justice shall provide to the 29 payor documentation of any amounts paid by the payor to the 30 Department of Juvenile Justice on behalf of the child. All 31 payments received by the department pursuant to this 50 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 subsection shall be deposited in the state Grants and 2 Donations Trust Fund. 3 8. Neither the court nor the department may extend the 4 child's length of stay in commitment care solely for the 5 purpose of collecting fees. 6 Section 27. Paragraph (f) is added to subsection (4) 7 of section 985.233, Florida Statutes, to read: 8 985.233 Sentencing powers; procedures; alternatives 9 for juveniles prosecuted as adults.-- 10 (4) SENTENCING ALTERNATIVES.-- 11 (f) School attendance.--If the child is attending or 12 is eligible to attend public school and the court finds that 13 the victim or a sibling of the victim in the case is attending 14 or may attend the same school as the child, the court 15 placement order shall include a finding pursuant to the 16 proceeding described in s. 985.23(1)(d). 17 18 It is the intent of the Legislature that the criteria and 19 guidelines in this subsection are mandatory and that a 20 determination of disposition under this subsection is subject 21 to the right of the child to appellate review under s. 22 985.234. 23 Section 28. Subsection (2) of section 985.305, Florida 24 Statutes, is amended to read: 25 985.305 Early delinquency intervention program; 26 criteria.-- 27 (2) The early delinquency intervention program shall 28 consist of intensive residential treatment in a secure 29 facility for 7 days to 6 weeks, followed by 6 to 9 months of 30 additional services conditional release. An early delinquency 31 intervention program facility shall be designed to accommodate 51 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 the placement of a maximum of 10 children, except that the 2 facility may accommodate up to 2 children in excess of that 3 maximum if the additional children have previously been 4 released from the residential portion of the program and are 5 later found to need additional residential treatment. 6 Section 29. Section 985.3065, Florida Statutes, is 7 amended to read: 8 985.3065 Prearrest or postarrest diversion programs.-- 9 (1) A law enforcement agency or school district, in 10 cooperation with the state attorney, may establish a prearrest 11 or postarrest diversion program. 12 (2) As part of the prearrest or postarrest diversion 13 program, a child who is alleged to have committed a delinquent 14 act may be required to surrender his or her driver's license, 15 or refrain from applying for a driver's license, for not more 16 than 90 days. If the child fails to comply with the 17 requirements of the program, the state attorney may notify the 18 Department of Highway Safety and Motor Vehicles in writing to 19 suspend the child's driver's license for a period that may not 20 exceed 90 days. 21 (3) The prearrest or postarrest diversion program may, 22 upon agreement of the agencies that establish the program, 23 provide for the expunction of the nonjudicial arrest record of 24 a minor who successfully completes such a program pursuant to 25 s. 943.0582. 26 Section 30. Paragraph (e) of subsection (3) and 27 paragraph (a) of subsection (4) of section 985.31, Florida 28 Statutes, are amended to read: 29 985.31 Serious or habitual juvenile offender.-- 30 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND 31 TREATMENT.-- 52 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 (e) After a child has been adjudicated delinquent 2 pursuant to s. 985.228, the court shall determine whether the 3 child meets the criteria for a serious or habitual juvenile 4 offender pursuant to s. 985.03(48)(47). If the court 5 determines that the child does not meet such criteria, the 6 provisions of s. 985.231(1) shall apply. 7 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- 8 (a) Pursuant to the provisions of this section, the 9 department shall implement the comprehensive assessment 10 instrument for the treatment needs of serious or habitual 11 juvenile offenders and for the assessment, which assessment 12 shall include the criteria under s. 985.03(48)(47) and shall 13 also include, but not be limited to, evaluation of the 14 child's: 15 1. Amenability to treatment. 16 2. Proclivity toward violence. 17 3. Tendency toward gang involvement. 18 4. Substance abuse or addiction and the level thereof. 19 5. History of being a victim of child abuse or sexual 20 abuse, or indication of sexual behavior dysfunction. 21 6. Number and type of previous adjudications, findings 22 of guilt, and convictions. 23 7. Potential for rehabilitation. 24 Section 31. Subsection (4) of section 985.3155, 25 Florida Statutes, is amended to read: 26 985.3155 Multiagency plan for vocational education.-- 27 (4) The plan must also address strategies to 28 facilitate involvement of business and industry in the design, 29 delivery, and evaluation of vocational programming in juvenile 30 justice commitment facilities and conditional release 31 aftercare programs, including apprenticeship and work 53 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 experience programs, mentoring and job shadowing, and other 2 strategies that lead to postrelease employment. Incentives for 3 business involvement, such as tax breaks, bonding, and 4 liability limits should be investigated, implemented where 5 appropriate, or recommended to the Legislature for 6 consideration. 7 Section 32. Subsections (4) and (5) of section 8 985.316, Florida Statutes, are amended to read: 9 985.316 Conditional release.-- 10 (4) After a youth is released from a residential 11 commitment program, conditional release services may be 12 delivered through either minimum-risk nonresidential 13 commitment restrictiveness programs or postcommitment 14 probation. A juvenile under minimum-risk nonresidential 15 commitment placement will continue to be on commitment status 16 and subject to the transfer provision under s. 985.404. A 17 juvenile on postcommitment probation will be subject to the 18 provisions under s. 985.231(1)(a). 19 (5) Participation in the educational program by 20 students of compulsory school attendance age pursuant to s. 21 232.01 is mandatory for juvenile justice youth on conditional 22 release aftercare or postcommitment probation community 23 control status. A student of noncompulsory school-attendance 24 age who has not received a high school diploma or its 25 equivalent must participate in the educational program. A 26 youth who has received a high school diploma or its equivalent 27 and is not employed must participate in workforce development 28 or other vocational or technical education or attend a 29 community college or a university while in the program, 30 subject to available funding. 31 Section 33. Subsections (3) and (4) of section 54 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 985.404, Florida Statutes, are amended to read: 2 985.404 Administering the juvenile justice 3 continuum.-- 4 (3)(a) The department shall develop or contract for 5 diversified and innovative programs to provide rehabilitative 6 treatment, including early intervention and prevention, 7 diversion, comprehensive intake, case management, diagnostic 8 and classification assessments, individual and family 9 counseling, shelter care, diversified detention care 10 emphasizing alternatives to secure detention, diversified 11 probation, halfway houses, foster homes, community-based 12 substance abuse treatment services, community-based mental 13 health treatment services, community-based residential and 14 nonresidential programs, environmental programs, and programs 15 for serious or habitual juvenile offenders. Each program shall 16 place particular emphasis on reintegration and conditional 17 release for all children in the program. 18 (b) The Legislature intends that, whenever possible 19 and reasonable, the department make every effort to consider 20 qualified faith-based organizations on an equal basis with 21 other private organizations when selecting contract providers 22 of services to juveniles. 23 (c) The department may contract with faith-based 24 organizations on the same basis as any other nongovernmental 25 provider, without impairing the religious character of such 26 organizations. Any faith-based organization may act as a 27 contractor in the delivery of services under any program, on 28 the same basis as any other nongovernmental provider, without 29 impairing the religious character of such organization. A 30 faith-based organization, which has entered into a contract 31 with the department, shall retain its independence from state 55 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 and local governments with regard to control over the 2 definition, development, practice, and expression of its 3 religious beliefs. The department shall not require a 4 faith-based organization to alter its form of internal 5 government or remove religious art, icons, scripture, or other 6 symbols in order to be eligible to contract as a provider. 7 (d) The department may include in any services 8 contract a requirement that providers prepare plans describing 9 their implementation of paragraphs (a) and (c) of this 10 subsection. A failure to deliver such plans, if required, may 11 be considered by the department as a breach of the contract 12 that may result in cancellation of the contract. 13 (4) The department may transfer a child, when 14 necessary to appropriately administer the child's commitment, 15 from one facility or program to another facility or program 16 operated, contracted, subcontracted, or designated by the 17 department, including a postcommitment minimum-risk 18 nonresidential conditional release program. The department 19 shall notify the court that committed the child to the 20 department and any attorney of record, in writing, of its 21 intent to transfer the child from a commitment facility or 22 program to another facility or program of a higher or lower 23 restrictiveness level. The court that committed the child may 24 agree to the transfer or may set a hearing to review the 25 transfer. If the court does not respond within 10 days after 26 receipt of the notice, the transfer of the child shall be 27 deemed granted. 28 Section 34. Section 985.412, Florida Statutes, is 29 amended to read: 30 985.412 Quality assurance and cost-effectiveness.-- 31 (1)(a) It is the intent of the Legislature that the 56 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 department to: 2 (a)1. Ensure that information be provided to 3 decisionmakers in a timely manner so that resources are 4 allocated to programs of the department which achieve desired 5 performance levels. 6 (b)2. Provide information about the cost of such 7 programs and their differential effectiveness so that the 8 quality of such programs can be compared and improvements made 9 continually. 10 (c)3. Provide information to aid in developing related 11 policy issues and concerns. 12 (d)4. Provide information to the public about the 13 effectiveness of such programs in meeting established goals 14 and objectives. 15 (e)5. Provide a basis for a system of accountability 16 so that each client is afforded the best programs to meet his 17 or her needs. 18 (f)6. Improve service delivery to clients. 19 (g)7. Modify or eliminate activities that are not 20 effective. 21 (2)(b) As used in this section subsection, the term: 22 (a)1. "Client" means any person who is being provided 23 treatment or services by the department or by a provider under 24 contract with the department. 25 (b)2. "Program component" means an aggregation of 26 generally related objectives which, because of their special 27 character, related workload, and interrelated output, can 28 logically be considered an entity for purposes of 29 organization, management, accounting, reporting, and 30 budgeting. 31 (c)3. "Program effectiveness" means the ability of the 57 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 program to achieve desired client outcomes, goals, and 2 objectives. 3 (3) The department shall annually collect and report 4 cost data for every program operated or contracted by the 5 department. The cost data shall conform to a format approved 6 by the department and the Legislature. Uniform cost data shall 7 be reported and collected for state-operated and contracted 8 programs so that comparisons can be made among programs. The 9 department shall ensure that there is accurate cost accounting 10 for state-operated services including market-equivalent rent 11 and other shared cost. The cost of the educational program 12 provided to a residential facility shall be reported and 13 included in the cost of a program. The department shall submit 14 an annual cost report to the President of the Senate, the 15 Speaker of the House of Representatives, the Minority Leader 16 of each house of the Legislature, the appropriate substantive 17 and fiscal committees of each house of the Legislature, and 18 the Governor, no later than December 1 of each year. 19 Cost-benefit analysis for educational programs will be 20 developed and implemented in collaboration with and in 21 cooperation with the Department of Education, local providers, 22 and local school districts. Cost data for the report shall 23 include data collected by the Department of Education for the 24 purposes of preparing the annual report required by s. 25 230.23161(21). 26 (4)(a) The Department of Juvenile Justice, in 27 consultation with the Office of Economic and Demographic 28 Research, and contract service providers, shall develop a 29 cost-effectiveness model and apply the model to each 30 commitment program. Program recidivism rates shall be a 31 component of the model. The cost-effectiveness model shall 58 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 compare program costs to client outcomes and program outputs. 2 It is the intent of the Legislature that continual development 3 efforts take place to improve the validity and reliability of 4 the cost-effectiveness model and to integrate the standard 5 methodology developed under s. 985.401(4) for interpreting 6 program outcome evaluations. 7 (b) The department shall rank commitment programs 8 based on the cost-effectiveness model and shall submit a 9 report to the appropriate substantive and fiscal committees of 10 each house of the Legislature by December 31 of each year. 11 (c) Based on reports of the department on client 12 outcomes and program outputs and on the department's most 13 recent cost-effectiveness rankings, the department may 14 terminate a program operated by the department or a provider 15 if the program has failed to achieve a minimum threshold of 16 program effectiveness. This paragraph does not preclude the 17 department from terminating a contract as provided under s. 18 985.412 or as otherwise provided by law or contract, and does 19 not limit the department's authority to enter into or 20 terminate a contract. 21 (d) In collaboration with the Office of Economic and 22 Demographic Research, and contract service providers, the 23 department shall develop a work plan to refine the 24 cost-effectiveness model so that the model is consistent with 25 the performance-based program budgeting measures approved by 26 the Legislature to the extent the department deems 27 appropriate. The department shall notify the Office of Program 28 Policy Analysis and Government Accountability of any meetings 29 to refine the model. 30 (e) Contingent upon specific appropriation, the 31 department, in consultation with the Office of Economic and 59 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 Demographic Research, and contract service providers, shall: 2 1. Construct a profile of each commitment program that 3 uses the results of the quality assurance report required by 4 s. 985.412, the cost-effectiveness report required in this 5 subsection, and other reports available to the department. 6 2. Target, for a more comprehensive evaluation, any 7 commitment program that has achieved consistently high, low, 8 or disparate ratings in the reports required under 9 subparagraph 1. 10 3. Identify the essential factors that contribute to 11 the high, low, or disparate program ratings. 12 4. Use the results of these evaluations in developing 13 or refining juvenile justice programs or program models, 14 client outcomes and program outputs, provider contracts, 15 quality assurance standards, and the cost-effectiveness model. 16 (5)(c) The department shall: 17 (a)1. Establish a comprehensive quality assurance 18 system for each program operated by the department or operated 19 by a provider under contract with the department. Each 20 contract entered into by the department must provide for 21 quality assurance. 22 (b)2. Provide operational definitions of and criteria 23 for quality assurance for each specific program component. 24 (c)3. Establish quality assurance goals and objectives 25 for each specific program component. 26 (d)4. Establish the information and specific data 27 elements required for the quality assurance program. 28 (e)5. Develop a quality assurance manual of specific, 29 standardized terminology and procedures to be followed by each 30 program. 31 (f)6. Evaluate each program operated by the department 60 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 or a provider under a contract with the department and 2 establish minimum thresholds for each program component. If a 3 provider fails to meet the established minimum thresholds, 4 such failure shall cause the department to cancel the 5 provider's contract unless the provider achieves compliance 6 with minimum thresholds within 6 months or unless there are 7 documented extenuating circumstances. In addition, the 8 department may not contract with the same provider for the 9 canceled service for a period of 12 months. If a 10 department-operated program fails to meet the established 11 minimum thresholds, the department must take necessary and 12 sufficient steps to ensure and document program changes to 13 achieve compliance with the established minimum thresholds. If 14 the department-operated program fails to achieve compliance 15 with the established minimum thresholds within 6 months and if 16 there are no documented extenuating circumstances, the 17 department must notify the Executive Office of the Governor 18 and the Legislature of the corrective action taken. 19 Appropriate corrective action may include, but is not limited 20 to: 21 1.a. Contracting out for the services provided in the 22 program; 23 2.b. Initiating appropriate disciplinary action 24 against all employees whose conduct or performance is deemed 25 to have materially contributed to the program's failure to 26 meet established minimum thresholds; 27 3.c. Redesigning the program; or 28 4.d. Realigning the program. 29 30 The department shall submit an annual report to the President 31 of the Senate, the Speaker of the House of Representatives, 61 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 the Minority Leader of each house of the Legislature, the 2 appropriate substantive and fiscal committees of each house of 3 the Legislature, and the Governor, no later than February 1 of 4 each year. The annual report must contain, at a minimum, for 5 each specific program component: a comprehensive description 6 of the population served by the program; a specific 7 description of the services provided by the program; cost; a 8 comparison of expenditures to federal and state funding; 9 immediate and long-range concerns; and recommendations to 10 maintain, expand, improve, modify, or eliminate each program 11 component so that changes in services lead to enhancement in 12 program quality. The department shall ensure the reliability 13 and validity of the information contained in the report. 14 (6)(2) The department shall collect and analyze 15 available statistical data for the purpose of ongoing 16 evaluation of all programs. The department shall provide the 17 Legislature with necessary information and reports to enable 18 the Legislature to make informed decisions regarding the 19 effectiveness of, and any needed changes in, services, 20 programs, policies, and laws. 21 (7) No later than November 1, 2001, the department 22 shall submit a proposal to the Legislature concerning funding 23 incentives and disincentives for the department and for 24 providers under contract with the department. The 25 recommendations for funding incentives and disincentives shall 26 be based upon both quality assurance performance and 27 cost-effectiveness performance. The proposal should strive to 28 achieve consistency in incentives and disincentives for both 29 department-operated and contractor-provided programs. The 30 department may include recommendations for the use of 31 liquidated damages in the proposal; however, the department is 62 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 not presently authorized to contract for liquidated damages. 2 Section 35. Subsection (1) of section 985.417, Florida 3 Statutes, is amended to read: 4 985.417 Transfer of children from the Department of 5 Corrections to the Department of Juvenile Justice.-- 6 (1) When any child under the age of 18 years is 7 sentenced by any court of competent jurisdiction to the 8 Department of Corrections, the Secretary of Juvenile Justice 9 may transfer such child to the department for the remainder of 10 the sentence, or until his or her 21st birthday, whichever 11 results in the shorter term. If, upon such person's attaining 12 his or her 21st birthday, the sentence has not terminated, he 13 or she shall be transferred to the Department of Corrections 14 for placement in a youthful offender program, transferred or, 15 with the commission's consent, to the supervision of the 16 department, or be given any other transfer that may lawfully 17 be made. 18 Section 36. Subsections (2) and (3) of section 14 of 19 chapter 2000-134, Laws of Florida, are amended to read: 20 Section 14. Juvenile Arrest and Monitor Unit pilot 21 program; creation; operation; duties of Orange County 22 Sheriff's Office and Department of Juvenile Justice.-- 23 (2) Under the pilot program created in subsection (1), 24 the Orange County Sheriff's Office shall monitor selected 25 juvenile offenders on probation community control in Orange 26 County. The Department of Juvenile Justice shall recommend 27 juvenile offenders on probation community control, 28 post-commitment probation community control, and conditional 29 release aftercare to be supervised under this program. The 30 Orange County Sheriff's Office has the sole right and 31 authority to accept or reject any or all juvenile offenders 63 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 who have been recommended by the Department of Juvenile 2 Justice to the Juvenile Arrest and Monitor Unit. The sheriff's 3 office shall determine the number of juvenile offenders it 4 will supervise. The Department of Juvenile Justice shall 5 monthly recommend juvenile offenders to the sheriff's office, 6 to ensure that the program operates at maximum capacity as 7 determined by the sheriff's office. The Juvenile Arrest and 8 Monitor Unit shall supervise up to 25 juveniles per deputy 9 assigned to the unit. The Juvenile Arrest and Monitor Unit 10 will accept juvenile offenders who have been determined by the 11 Department of Juvenile Justice to be on probation community 12 control, post-commitment probation community control, and 13 conditional release aftercare. The Orange County Sheriff's 14 Office shall use all statutorily available means, ranging from 15 a verbal warning to arrest and incarceration, to effect 16 offenders' compliance with the terms of probation community 17 control. 18 (3) The Department of Juvenile Justice shall maintain 19 all files and paperwork relating to all juveniles on probation 20 community control, post-commitment probation community 21 control, and conditional release aftercare who are supervised 22 under this pilot program as required by the Florida Statutes. 23 Section 37. Section 985.42, Florida Statutes, is 24 created to read: 25 985.42 Inspector general; inspectors.--The secretary 26 is authorized to designate persons holding law enforcement 27 certification within the Office of the Inspector General as 28 law enforcement officers, as necessary, to enforce any 29 criminal law, and conduct any criminal investigation that 30 relates to state-operated programs or state-operated 31 facilities over which the department has jurisdiction. Persons 64 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 designated as law enforcement officers must be certified 2 pursuant to s. 943.1395. 3 Section 38. Effective upon this act becoming a law, 4 section 985.422, Florida Statutes, is created to read: 5 985.422 Maintenance of state-owned facilities.-- 6 (1) If the terms of a provider contract require or 7 allow the department to withhold a portion of the provider's 8 payment to establish a fund for significant maintenance, 9 repairs, or upgrades to state-owned or leased facilities, the 10 department shall deposit all such withheld payments into the 11 Administrative Trust Fund, which shall be used for such 12 purposes pursuant to lawful appropriation. 13 (2) This section is repealed July 1, 2002. 14 Section 39. Paragraph (b) of subsection (4) of section 15 985.401, Florida Statutes, is amended to read: 16 985.401 Juvenile Justice Advisory Board.-- 17 (4) 18 (b) In developing the standard methodology, the board 19 shall consult with the department, the Office of Economic and 20 Demographic Research, contract service providers, and other 21 interested parties. It is the intent of the Legislature that 22 this effort result in consensus recommendations, and, to the 23 greatest extent possible, integrate the goals and 24 legislatively approved measures of performance-based program 25 budgeting provided in chapter 94-249, Laws of Florida, and the 26 quality assurance program provided in s. 985.412, and the 27 cost-effectiveness model provided in s. 985.404(11). The board 28 shall notify the Office of Program Policy Analysis and 29 Government Accountability of any meetings to develop the 30 methodology. 31 Section 40. (1) The "Safety and Security Best 65 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 Practices" developed by the Office of Program Policy Analysis 2 and Government Accountability and approved by the Commissioner 3 of Education shall be reviewed annually by the Office of 4 Program Policy Analysis and Government Accountability and the 5 Partnership for School Safety and Security established in s. 6 229.8347, Florida Statutes, and each entity shall make 7 recommendations to the Commissioner of Education for the 8 addition, revision, or deletion of best practices. 9 (2) Each school district shall use the Safety and 10 Security Best Practices to conduct a self-assessment of the 11 school districts' current safety and security practices. Based 12 on these self-assessment findings, the superintendent of each 13 school district shall provide recommendations to the school 14 board which identify strategies and activities that the school 15 district should implement in order to improve school safety 16 and security. 17 (3) By July 1, 2002, and annually thereafter, each 18 school board must receive the self-assessment results at a 19 publicly notice school board meeting to provide the public an 20 opportunity to hear the school board members discuss and take 21 action on the report findings. Each superintendent shall 22 report the self-assessment results and school board action to 23 the Commissioner of Education within 30 days following the 24 school board meeting. 25 Section 41. Subsections (10) and (11) of section 26 985.404, Florida Statutes, are repealed. 27 Section 42. Except as otherwise provided herein, this 28 act shall take effect October 1, 2001. 29 30 31 66 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to juvenile justice; amending 8 s. 20.316, F.S.; revising the juvenile justice 9 continuum to include community-based 10 residential commitment programs; deleting a 11 requirement that information systems of the 12 Department of Juvenile Justice support the 13 Juvenile Justice Advisory Board; amending s. 14 228.041, F.S.; authorizing additional teacher 15 planning days for nonresidential programs of 16 the Department of Juvenile Justice upon the 17 request of the provider; amending s. 230.23161, 18 F.S.; providing legislative goals with respect 19 to education within department programs; 20 amending s. 230.235, F.S.; requiring schools to 21 adopt a policy of zero tolerance for 22 victimization of students; requiring each 23 school district to enter into an agreement with 24 the Department of Juvenile Justice for the 25 purpose of protecting victims; amending s. 26 231.0851, F.S.; requiring principals to take 27 certain actions when a student has been a 28 victim of a violent crime perpetrated by 29 another student; providing ineligibility for 30 certain performance pay policy incentives under 31 certain circumstances; creating s. 232.265, 67 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 F.S.; requiring the Department of Juvenile 2 Justice to provide certain notice to school 3 districts under certain circumstances; 4 prohibiting certain persons from attending 5 certain schools or riding on certain school 6 buses under certain circumstances; providing 7 for attending alternate schools; assigning 8 responsibility for certain transportation under 9 certain circumstances; amending s. 435.04, 10 F.S.; revising requirements for level-2 11 screening standards for persons in positions of 12 trust or responsibility; providing requirements 13 for background investigations for employees of 14 the Department of Juvenile Justice; limiting 15 the department's authority to provide an 16 exemption; creating s. 943.0582, F.S.; 17 providing for prearrest, postarrest, or teen 18 court diversion program expunction in certain 19 circumstances; providing for retroactive 20 effect; amending s. 960.001, F.S.; providing an 21 additional guideline for attendance of a victim 22 at the same school as a juvenile defendant; 23 amending s. 985.228, F.S.; requiring certain 24 court orders to include certain findings; 25 amending s. 985.23, F.S.; requiring a court to 26 determine the appropriateness of a no contact 27 order under certain circumstances; amending s. 28 943.325, F.S.; requiring DNA analysis of 29 persons who have committed certain offenses and 30 who are transferred to the state under the 31 Interstate Compact on Juveniles; amending ss. 68 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 984.01 and 985.01, F.S., relating to personnel 2 standards and screening; requiring the 3 Department of Juvenile Justice and the 4 Department of Children and Family Services to 5 ensure that certain contractors are of good 6 moral character; amending s. 985.02, F.S.; 7 clarifying legislative intent concerning the 8 responsibilities of parents, custodians, and 9 guardians of children in the juvenile justice 10 system; amending s. 985.03, F.S.; revising 11 definitions; defining the term "respite" for 12 purposes of ch. 985, F.S.; amending s. 985.04, 13 F.S.; providing that certain records maintained 14 by the Department of Juvenile Justice need only 15 be retained for 25 years; expanding the 16 circumstances under which certain juvenile 17 records are not considered confidential and 18 exempt solely because of age; amending ss. 19 985.207 and 985.213, F.S.; clarifying 20 circumstances under which a juvenile is taken 21 into custody and assessed for placement; 22 requiring the parent or guardian to provide 23 certain information; amending s. 985.21, F.S.; 24 requiring the parent or guardian of a juvenile 25 to provide certain information to the juvenile 26 probation officer; amending s. 985.215, F.S.; 27 revising provisions related to the collection 28 of certain fees; authorizing placing a juvenile 29 into secure detention under certain 30 circumstances for a specified period; 31 authorizing the clerk of the circuit court to 69 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 act as depository for fees; requiring the 2 parent or guardian to provide certain 3 information; providing for retroactive effect; 4 amending s. 985.227, F.S.; revising 5 requirements for state attorneys with respect 6 to reporting direct-file guidelines; amending 7 ss. 985.231 and 985.233, F.S.; requiring a 8 court placement order or a commitment order to 9 include certain findings; revising certain 10 requirements for testing a juvenile for the use 11 of alcohol or controlled substances; revising 12 provisions related to the collection of certain 13 fees; authorizing the clerk of the circuit 14 court to act as depository for fees; requiring 15 the parent or guardian to provide certain 16 information; providing for retroactive effect; 17 amending s. 985.305, F.S.; revising services 18 provided under the early delinquency 19 intervention program; amending s. 985.3065, 20 F.S.; providing for postarrest diversion 21 programs; providing for expunction of records; 22 amending s. 985.31, F.S., relating to serious 23 or habitual juvenile offenders; conforming 24 provisions to changes made by the act; amending 25 s. 985.3155, F.S.; revising requirements for 26 the multiagency plan for vocational education; 27 amending s. 985.316, F.S.; revising conditions 28 under which a juvenile may be released on 29 conditional release; amending s. 985.404, F.S.; 30 providing legislative intent with regard to 31 contracting with faith-based organizations that 70 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 provide services to juveniles; clarifying 2 conditions under which a juvenile may be 3 transferred; deleting language relating to the 4 collection and reporting of cost data and 5 program ranking; amending s. 985.412, F.S.; 6 adding requirements relating to the collection 7 and reporting of cost data and program ranking; 8 requiring the Department of Juvenile Justice to 9 submit proposals for funding incentives and 10 disincentives based upon quality assurance 11 performance and cost-effectiveness performance 12 to the Legislature by a date certain; amending 13 s. 985.417, F.S.; revising conditions for 14 transferring a juvenile from the Department of 15 Corrections to the supervision of the 16 Department of Juvenile Justice; amending s. 14 17 of ch. 2000-134, Laws of Florida; revising 18 requirements for monitoring and supervising 19 juvenile offenders under a pilot program; 20 creating s. 985.42, F.S.; authorizing the 21 secretary to designate certain employees as law 22 enforcement officers; creating s. 985.422, 23 F.S.; authorizing the deposit of repair and 24 maintenance funds into the Administrative Trust 25 Fund; amending s. 985.401, F.S., to conform; 26 requiring the Office of Program Policy Analysis 27 and Government Accountability to annually 28 review certain safety and security best 29 practices; requiring school districts to use 30 such practices to conduct certain assessments; 31 requiring school district superintendents to 71 7:20 AM 05/03/01 s1914c1c-05c2t
SENATE AMENDMENT Bill No. CS for SB 1914 Amendment No. ___ Barcode 104620 1 make certain recommendations to school boards 2 based on such assessments; requiring school 3 boards to hold public meetings on the 4 assessments and recommendations; repealing s. 5 985.404(10) and (11), F.S., relating to an 6 annual cost data collection and reporting 7 program of the Department of Juvenile Justice 8 and cost-effectiveness model development and 9 application to commitment programs of the 10 department; providing effective dates. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 72 7:20 AM 05/03/01 s1914c1c-05c2t