House Bill hb1983e1

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                                      HB 1983, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to juvenile delinquency

  3         programs and records; amending s. 938.19, F.S.;

  4         providing for the creation of county juvenile

  5         drug courts; providing for assessments for

  6         court costs by circuit and county courts to be

  7         used for the operation, administration, and

  8         programming of teen and juvenile drug courts

  9         and providing for distribution of such

10         assessments; amending s. 943.0582, F.S.;

11         requiring a report to the Legislature relating

12         to expunction of certain records; amending s.

13         984.06, F.S.; authorizing the guardian ad litem

14         of a child in need of services to inspect and

15         copy official records pertaining to the child;

16         amending s. 985.04, F.S.; expanding the

17         circumstances under which certain juvenile

18         records are not considered confidential and

19         exempt solely because of age; authorizing law

20         enforcement agencies to provide said

21         information; amending s. 985.407, F.S.;

22         requiring the Department of Juvenile Justice to

23         adopt a rule regarding changes in policies that

24         impact contracted delinquency services and

25         programs and establishing procedure therefor;

26         providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 938.19, Florida Statutes, is

31  amended to read:


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                                      HB 1983, First Engrossed/ntc



  1         938.19  Teen courts; juvenile drug courts; operation,

  2  and administration, and programming.--A teen court or a

  3  juvenile drug court, or both, may be created at the discretion

  4  of the county. Teen courts and juvenile drug courts created

  5  pursuant to this section are court diversion programs for the

  6  purpose of ss. 943.0582 and 985.21. Notwithstanding s.

  7  318.121, in each county in which a teen court or a juvenile

  8  drug court has been created, a county may adopt a mandatory

  9  cost to be assessed in specific cases as provided for in

10  subsection (1) by incorporating by reference the provisions of

11  this section in a county ordinance. Assessments collected by

12  the clerk of the circuit court pursuant to this section shall

13  be deposited into an account specifically for the operation,

14  and administration, and programming of the teen court or

15  juvenile drug court:

16         (1)  A sum of $3, which shall be assessed as a court

17  cost by both the circuit court and the county court in the

18  county against every person who pleads guilty or nolo

19  contendere to, or is convicted of, regardless of adjudication,

20  a violation of a state criminal statute or a municipal

21  ordinance or county ordinance or who pays a fine or civil

22  penalty for any violation of chapter 316. Any person whose

23  adjudication is withheld pursuant to the provisions of s.

24  318.14(9) or (10) shall also be assessed such cost. The $3

25  assessment for court costs shall be assessed in addition to

26  any fine, civil penalty, or other court cost and shall not be

27  deducted from the proceeds of that portion of any fine or

28  civil penalty which is received by a municipality in the

29  county or by the county in accordance with ss. 316.660 and

30  318.21. The $3 assessment shall specifically be added to any

31  civil penalty paid for a violation of chapter 316, whether


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                                      HB 1983, First Engrossed/ntc



  1  such penalty is paid by mail, paid in person without request

  2  for a hearing, or paid after hearing and determination by the

  3  court. However, the $3 assessment shall not be made against a

  4  person for a violation of any state statutes, county

  5  ordinance, or municipal ordinance relating to the parking of

  6  vehicles, with the exception of a violation of the handicapped

  7  parking laws. The clerk of the circuit court shall collect the

  8  respective $3 assessments for court costs established in this

  9  subsection and shall remit the same to the teen court or

10  juvenile drug court monthly, less 5 percent, which is to be

11  retained as fee income of the office of the clerk of the

12  circuit court. If the county operates both a teen court and a

13  juvenile drug court, the chief judge of the circuit shall

14  specify to the clerk of the circuit court the amount to be

15  remitted to each program.

16         (2)  Such other moneys as become available for

17  establishing and operating teen courts or juvenile drug courts

18  under the provisions of Florida law.

19         Section 2.  Subsection (4) of section 943.0582, Florida

20  Statutes, is amended to read:

21         943.0582  Prearrest, postarrest, or teen court

22  diversion program expunction.--

23         (4)  The department is authorized to charge a $75

24  processing fee for each request received for prearrest or

25  postarrest diversion program expunction, for placement in the

26  Department of Law Enforcement Operating Trust Fund, unless

27  such fee is waived by the executive director. No later than

28  January 1, 2003, the department shall provide a report to the

29  chairs of the appropriate fiscal committees of the Legislature

30  concerning the feasibility and fiscal impact of expunging

31  nonjudicial arrest records described in this section by


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                                      HB 1983, First Engrossed/ntc



  1  submission of certain information by the diversion program

  2  upon successful completion by the participant rather than upon

  3  the request of the participant in connection with remittal of

  4  the processing fee. The report shall include a detailed

  5  description of the actual costs to the department of the

  6  current expunction process provided in this section and the

  7  anticipated cost of expunging records upon certification of

  8  completion by the diversion program.

  9         Section 3.  Subsection (3) of section 984.06, Florida

10  Statutes, is amended to read:

11         984.06  Oaths, records, and confidential information.--

12         (3)  The clerk shall keep all court records required by

13  this chapter separate from other records of the circuit court.

14  All court records required by this chapter shall are not be

15  open to inspection by the public. All such records shall may

16  be inspected only upon order of the court by persons a person

17  deemed by the court to have a proper interest therein, except

18  that, subject to the provisions of s. 63.162, a child and the

19  parents or legal custodians of the child and their attorneys,

20  the guardian ad litem, law enforcement agencies, and the

21  department and its designees shall have the right at all times

22  to may inspect and copy any official record pertaining to the

23  child. The court may permit authorized representatives of

24  recognized organizations compiling statistics for proper

25  purposes to inspect and make abstracts from official records,

26  under whatever conditions upon their use and disposition the

27  court may deem deems proper, and may punish by contempt

28  proceedings any violation of those conditions.

29         Section 4.  Subsection (5) of section 985.04, Florida

30  Statutes, is amended to read:

31         985.04  Oaths; records; confidential information.--


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                                      HB 1983, First Engrossed/ntc



  1         (5)  Notwithstanding any other provisions of this part,

  2  the name, photograph, address, and crime or arrest report of a

  3  child:

  4         (a)  Taken into custody if the child has been taken

  5  into custody by a law enforcement officer, or has an arrest

  6  warrant issued, for a violation of law which, if committed by

  7  an adult, would be a felony;

  8         (b)  Found by a court to have committed three or more

  9  violations of law which, if committed by an adult, would be

10  misdemeanors;

11         (c)  Transferred to the adult system pursuant to s.

12  985.227, indicted pursuant to s. 985.225, or waived pursuant

13  to s. 95.226;

14         (d)  Taken into custody by a law enforcement officer,

15  or has an arrest warrant issued, for a violation of law

16  subject to the provisions of s. 985.227(2)(b) or (d); or

17         (e)  Transferred to the adult system but sentenced to

18  the juvenile system pursuant to s. 985.233; or

19         (f)  Identified as a suspect or a defendant in a law

20  enforcement incident report or arrest report

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22  shall not be considered confidential and exempt from the

23  provisions of s. 119.07(1) solely because of the child's age.

24  Information that is not considered confidential and exempt

25  under this subsection may be provided by a law enforcement

26  agency.

27         Section 5.  Subsections (2), (3), and (4) of section

28  985.407, Florida Statutes, are renumbered as subsections (3),

29  (4), and (5), respectively, and a new subsection (2) is added

30  to said section to read:

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                                      HB 1983, First Engrossed/ntc



  1         985.407  Departmental contracting powers; personnel

  2  standards and screening.--

  3         (2)  The department shall adopt a rule pursuant to ss.

  4  120.536(1) and 120.54 to establish a procedure to provide

  5  notice of policy changes that impact contracted delinquency

  6  services and programs.  A policy is defined as an operational

  7  requirement that applies to only the specified contracted

  8  delinquency service or program.  The procedure shall provide

  9  for:

10         (a)  Public notice of policy development.

11         (b)  The opportunity for public comment on the proposed

12  policy.

13         (c)  An assessment of the fiscal impact upon the

14  department and providers.

15         (d)  The response of the department to comments

16  received.

17         Section 6.  This act shall take effect October 1, 2002.

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