HB 1933 2003
1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 287.042,
3	F.S.; exempting certain authorized agents of the
4	Department of Juvenile Justice from competitive
5	solicitation requirements with respect to purchase of
6	commodities and services by state contract; amending s.
7	790.22, F.S.; eliminating a requirement of the department
8	to forward a specified form relating to securely detained
9	juveniles to the Office of Economic and Demographic
10	Research; amending s. 984.03, F.S.; clarifying the
11	definition of “child in need of services”; amending s.
12	984.06, F.S.; clarifying provisions with respect to the
13	confidentiality of court records required under ch. 984,
14	F.S., and the inspection of such records upon order of the
15	court; amending s. 985.201, F.S.; clarifying that the
16	court may continue to retain jurisdiction for juveniles
17	beyond a specified age under specified circumstances;
18	amending s. 985.2075, F.S.; expanding authority of a youth
19	custody officer to take youth into custody; requiring a
20	youth custody officer to file criminal violations and
21	gather evidence under specified circumstances; amending
22	ss. 985.213 and 985.215, F.S.; authorizing a child’s
23	participation in specified court hearings by telephone or
24	video teleconference; amending s. 985.227, F.S.;
25	eliminating a requirement of state attorneys to develop
26	written policies and guidelines governing determinations
27	for filing an information on a juvenile and to annually
28	submit such policies and guidelines to specified entities;
29	amending s. 985.231, F.S.; authorizing the department or
30	the state attorney to bring a child before the court on an
31	affidavit alleging violations of supervision; revising an
32	age limit for a term of commitment to the department at a
33	residential commitment level; revising the age limit for
34	retention of jurisdiction by the court for a child
35	committed to a program or facility for serious or habitual
36	juvenile offenders and for a sexual offender committed to
37	a program or facility for juvenile sexual offenders;
38	amending s. 985.01, F.S.; prohibiting the department from
39	adopting any rule renaming any juvenile justice program;
40	providing for retroactive application; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. Paragraph (a) of subsection (2) of section
46	287.042, Florida Statutes, is amended to read:
47	287.042 Powers, duties, and functions.--The department
48	shall have the following powers, duties, and functions:
49	(2)(a) To establish purchasing agreements and procure
50	state term contracts for commodities and contractual services,
51	pursuant to s. 287.057, under which state agencies shall, and
52	eligible users may, make purchases pursuant to s. 287.056. The
53	department may restrict purchases from some term contracts to
54	state agencies only for those term contracts where the inclusion
55	of other governmental entities will have an adverse effect on
56	competition or to those federal facilities located in this
57	state. In such planning or purchasing the Office of Supplier
58	Diversity may monitor to ensure that opportunities are afforded
59	for contracting with minority business enterprises. The
60	department, for state term contracts, and all agencies, for
61	multiyear contractual services or term contracts, shall explore
62	reasonable and economical means to utilize certified minority
63	business enterprises. Purchases by any county, municipality,
64	private nonprofit community transportation coordinator
65	designated pursuant to chapter 427, while conducting business
66	related solely to the Commission for the Transportation
67	Disadvantaged, contracted provider organization acting as an
68	agent of the Department of Juvenile Justice while conducting
69	business related solely to the provision of services to youth
70	pursuant to chapters 984 and 985,or other local public agency
71	under the provisions in the state purchasing contracts, and
72	purchases, from the corporation operating the correctional work
73	programs, of products or services that are subject to paragraph
74	(1)(f), are exempt from the competitive solicitation
75	requirements otherwise applying to their purchases.
76	Section 2. Subsection (8) of section 790.22, Florida
77	Statutes, is amended to read:
78	790.22 Use of BB guns, air or gas-operated guns, or
79	electric weapons or devices by minor under 16; limitation;
80	possession of firearms by minor under 18 prohibited;
81	penalties.--
82	(8) Notwithstanding s. 985.213 or s. 985.215(1), if a
83	minor under 18 years of age is charged with an offense that
84	involves the use or possession of a firearm, as defined in s.
85	790.001, including a violation of subsection (3), or is charged
86	for any offense during the commission of which the minor
87	possessed a firearm, the minor shall be detained in secure
88	detention, unless the state attorney authorizes the release of
89	the minor, and shall be given a hearing within 24 hours after
90	being taken into custody. At the hearing, the court may order
91	that the minor continue to be held in secure detention in
92	accordance with the applicable time periods specified in s.
93	985.215(5), if the court finds that the minor meets the criteria
94	specified in s. 985.215(2), or if the court finds by clear and
95	convincing evidence that the minor is a clear and present danger
96	to himself or herself or the community. The Department of
97	Juvenile Justice shall prepare a form for all minors charged
98	under this subsection that states the period of detention and
99	the relevant demographic information, including, but not limited
100	to, the sex, age, and race of the minor; whether or not the
101	minor was represented by private counsel or a public defender;
102	the current offense; and the minor's complete prior record,
103	including any pending cases. The form shall be provided to the
104	judge to be considered when determining whether the minor should
105	be continued in secure detention under this subsection. An order
106	placing a minor in secure detention because the minor is a clear
107	and present danger to himself or herself or the community must
108	be in writing, must specify the need for detention and the
109	benefits derived by the minor or the community by placing the
110	minor in secure detention, and must include a copy of the form
111	provided by the department. The Department of Juvenile Justice
112	must send the form, including a copy of any order, without
113	client-identifying information, to the Office of Economic and
114	Demographic Research.
115	Section 3. Subsection (9) of section 984.03, Florida
116	Statutes, is amended to read:
117	984.03 Definitions.--When used in this chapter, the term:
118	(9) "Child in need of services" means a child for whom
119	there is no pending investigation into an allegation or
120	suspicion of abuse, neglect, or abandonment; no pending referral
121	alleging the child is delinquent; or no current supervision by
122	the Department of Juvenile Justice or the Department of Children
123	and Family Services for an adjudication of dependency or
124	delinquency at the time a petition for a child in need of
125	services is filed. The child must also, pursuant to this
126	chapter, be found by the court:
127	(a) To have persistently run away from the child's parents
128	or legal custodians despite reasonable efforts of the child, the
129	parents or legal custodians, and appropriate agencies to remedy
130	the conditions contributing to the behavior. Reasonable efforts
131	shall include voluntary participation by the child's parents or
132	legal custodians and the child in family mediation, services,
133	and treatment offered by the Department of Juvenile Justice or
134	the Department of Children and Family Services;
135	(b) To be habitually truant from school, while subject to
136	compulsory school attendance, despite reasonable efforts to
137	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
138	through voluntary participation by the child's parents or legal
139	custodians and by the child in family mediation, services, and
140	treatment offered by the Department of Juvenile Justice or the
141	Department of Children and Family Services; or
142	(c) To have persistently disobeyed the reasonable and
143	lawful demands of the child's parents or legal custodians, and
144	to be beyond their control despite efforts by the child's
145	parents or legal custodians and appropriate agencies to remedy
146	the conditions contributing to the behavior. Reasonable efforts
147	may include such things as good faith participation in family or
148	individual counseling.
149	Section 4. Subsection (3) of section 984.06, Florida
150	Statutes, is amended to read:
151	984.06 Oaths, records, and confidential information.--
152	(3) The clerk shall keep all court records required by
153	this chapter separate from other records of the circuit court.
154	Court records required by this chapter shallare not beopen to
155	inspection by the public. All such records shallmaybe
156	inspected only upon order of the court by personsa person
157	deemed by the court to have a proper interest therein, except
158	that, subject to the provisions of s. 63.162, a child and the
159	parents or legal custodians of the child and their attorneys, a
160	child’s guardian ad litem,law enforcement agencies, and the
161	department and its designees shall have the right tomayinspect
162	and copy any official record pertaining to the child. The court
163	may permit authorized representatives of recognized
164	organizations compiling statistics for proper purposes to
165	inspect and make abstracts from official records, under whatever
166	conditions upon their use and disposition the court may deem
167	deemsproper, and may punish by contempt proceedings any
168	violation of those conditions.
169	Section 5. Subsection (4) of section 985.201, Florida
170	Statutes, is amended to read:
171	985.201 Jurisdiction.--
172	(4)(a) Notwithstanding ss. 743.07, 985.229, 985.23, and
173	985.231, and except as provided in ss. 985.31 and 985.313, when
174	the jurisdiction of any child who is alleged to have committed a
175	delinquent act or violation of law is obtained, the court shall
176	retain jurisdiction, unless relinquished by its order, until the
177	child reaches 19 years of age, with the same power over the
178	child that the court had prior to the child becoming an adult.
179	The court may continue to retain jurisdiction of the child
180	beyond the child’s 19th birthday in accordance with the
181	following:
182	(b)1. The court may retain jurisdiction over a child
183	committed to the department for placement in a juvenile prison
184	or in a high-risk or maximum-risk residential commitment program
185	to allow the child to participate in a juvenile conditional
186	release program pursuant to s. 985.316. In no case shall the
187	jurisdiction of the court be retained beyond the child's 22nd
188	birthday. However, if the child is not successful in the
189	conditional release program, the department may use the transfer
190	procedure under s. 985.404.
191	2. The court may retain jurisdiction over a child
192	committed to the department for placement in an intensive
193	residential treatment program for 10-year-old to 13-year-old
194	offenders, in the residential commitment program in a juvenile
195	prison, in a residential sex offender program, or in a program
196	for serious or habitual juvenile offenders as provided in s.
197	985.311 or s. 985.31 until the child reaches the age of 21. The
198	court may exercise jurisdiction retention solely for the purpose
199	of allowing the child to complete such program.If the court
200	exercises this jurisdiction retention, it shall do so solely for
201	the purpose of the child completing the intensive residential
202	treatment program for 10-year-old to 13-year-old offenders, in
203	the residential commitment program in a juvenile prison, in a
204	residential sex offender program, or the program for serious or
205	habitual juvenile offenders.Such jurisdiction retention does
206	not apply for other programs, other purposes, or new offenses.
207	3.(c)The court may retain jurisdiction over a child and
208	the child's parent or legal guardian whom the court has ordered
209	to pay restitution until the restitution order is satisfied or
210	until the court orders otherwise. If the court retains such
211	jurisdiction after the date upon which the court's jurisdiction
212	would cease under this section, it shall do so solely for the
213	purpose of enforcing the restitution order. The terms of the
214	restitution order are subject to the provisions of s.
215	775.089(5).
216	(b)(d)This subsection does not prevent the exercise of
217	jurisdiction by any court having jurisdiction of the child if
218	the child, after becoming an adult, commits a violation of law.
219	Section 6. Section 985.2075, Florida Statutes, is amended
220	to read:
221	985.2075 Youth custody officer.--
222	(1) There is created within the Department of Juvenile
223	Justice the position of youth custody officer. The duties of
224	each youth custody officer shall be to take youth into custody
225	if the officer has probable cause to believe that the youth:
226	(a)Has violated the conditions of probation, home
227	detention, conditional release, or postcommitment probation;
228	(b) Is a delinquent youth committed to the department who
229	has escaped from a facility of the department;
230	(c) Is a youth who has absconded from supervision of the
231	department;, or
232	(d)Has failed to appear in court after being properly
233	noticed. The authority of the youth custody officer to take
234	youth into custody is specifically limited to this purpose.
235	(2) A youth custody officer who, while in the performance
236	of his or her duties, takes a youth into custody for any of the
237	above reasons and has probable cause to believe that new
238	criminal law violations occurred during or after the lawful
239	taking of such youth into custody shall file the appropriate
240	criminal violations and gather any evidence for prosecution in a
241	court of law.
242	(3)(2)A youth custody officer must meet the minimum
243	qualifications for employment or appointment, be certified under
244	chapter 943, and comply with the requirements for continued
245	employment required by s. 943.135. The Department of Juvenile
246	Justice must comply with the responsibilities provided for an
247	employing agency under s. 943.133 for each youth custody
248	officer.
249	(4)(3)A youth custody officer shall inform appropriate
250	local law enforcement agencies of his or her activities under
251	this section.
252	Section 7. Paragraph (b) of subsection (2) of section
253	985.213, Florida Statutes, is amended to read:
254	985.213 Use of detention.--
255	(2)
256	(b)1. The risk assessment instrument for detention care
257	placement determinations and orders shall be developed by the
258	Department of Juvenile Justice in agreement with representatives
259	appointed by the following associations: the Conference of
260	Circuit Judges of Florida, the Prosecuting Attorneys
261	Association, the Public Defenders Association, the Florida
262	Sheriffs Association, and the Florida Association of Chiefs of
263	Police. Each association shall appoint two individuals, one
264	representing an urban area and one representing a rural area.
265	The parties involved shall evaluate and revise the risk
266	assessment instrument as is considered necessary using the
267	method for revision as agreed by the parties. The risk
268	assessment instrument shall take into consideration, but need
269	not be limited to, prior history of failure to appear, prior
270	offenses, offenses committed pending adjudication, any unlawful
271	possession of a firearm, theft of a motor vehicle or possession
272	of a stolen motor vehicle, and probation status at the time the
273	child is taken into custody. The risk assessment instrument
274	shall also take into consideration appropriate aggravating and
275	mitigating circumstances, and shall be designed to target a
276	narrower population of children than s. 985.215(2). The risk
277	assessment instrument shall also include any information
278	concerning the child's history of abuse and neglect. The risk
279	assessment shall indicate whether detention care is warranted,
280	and, if detention care is warranted, whether the child should be
281	placed into secure, nonsecure, or home detention care.
282	2. If, at the detention hearing, the court finds a
283	material error in the scoring of the risk assessment instrument,
284	the court may amend the score to reflect factual accuracy.
285	3. A child who is charged with committing an offense of
286	domestic violence as defined in s. 741.28 and who does not meet
287	detention criteria may be held in secure detention if the court
288	makes specific written findings that:
289	a. Respite care for the child is not available; and
290	b. It is necessary to place the child in secure detention
291	in order to protect the victim from injury.
292
293	The child may not be held in secure detention under this
294	subparagraph for more than 48 hours unless ordered by the court.
295	After 48 hours, the court shall hold a hearing if the state
296	attorney or victim requests that secure detention be continued.
297	The child may continue to be held in detention care if the court
298	makes a specific, written finding that detention care is
299	necessary to protect the victim from injury. However, the child
300	may not be held in detention care beyond the time limits set
301	forth in s. 985.215.
302	4. For a child who is under the supervision of the
303	department through probation, home detention, nonsecure
304	detention, conditional release, postcommitment probation, or
305	commitment and who is charged with committing a new offense, the
306	risk assessment instrument may be completed and scored based on
307	the underlying charge for which the child was placed under the
308	supervision of the department and the new offense.
309
310	Other than the initial detention hearing, a child may appear at
311	court hearings required by this paragraph by telephone or video
312	teleconference.
313	Section 8. Subsection (2), paragraph (f) of subsection
314	(5), and paragraph (a) of subsection (10) of section 985.215,
315	Florida Statutes, are amended to read:
316	985.215 Detention.--
317	(2) Subject to the provisions of subsection (1), a child
318	taken into custody and placed into nonsecure or home detention
319	care or detained in secure detention care prior to a detention
320	hearing may continue to be detained by the court if:
321	(a) The child is alleged to be an escapee or an absconder
322	from a commitment program, a probation program, or conditional
323	release supervision, or is alleged to have escaped while being
324	lawfully transported to or from such program or supervision.
325	(b) The child is wanted in another jurisdiction for an
326	offense which, if committed by an adult, would be a felony.
327	(c) The child is charged with a delinquent act or
328	violation of law and requests in writing through legal counsel
329	to be detained for protection from an imminent physical threat
330	to his or her personal safety.
331	(d) The child is charged with committing an offense of
332	domestic violence as defined in s. 741.28 and is detained as
333	provided in s. 985.213(2)(b)3.
334	(e) The child is charged with possession or discharging a
335	firearm on school property in violation of s. 790.115.
336	(f) The child is charged with a capital felony, a life
337	felony, a felony of the first degree, a felony of the second
338	degree that does not involve a violation of chapter 893, or a
339	felony of the third degree that is also a crime of violence,
340	including any such offense involving the use or possession of a
341	firearm.
342	(g) The child is charged with any second degree or third
343	degree felony involving a violation of chapter 893 or any third
344	degree felony that is not also a crime of violence, and the
345	child:
346	1. Has a record of failure to appear at court hearings
347	after being properly notified in accordance with the Rules of
348	Juvenile Procedure;
349	2. Has a record of law violations prior to court hearings;
350	3. Has already been detained or has been released and is
351	awaiting final disposition of the case;
352	4. Has a record of violent conduct resulting in physical
353	injury to others; or
354	5. Is found to have been in possession of a firearm.
355	(h) The child is alleged to have violated the conditions
356	of the child's probation or conditional release supervision.
357	However, a child detained under this paragraph may be held only
358	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
359	consequence unit is not available, the child shall be placed on
360	home detention with electronic monitoring.
361	(i) The child is detained on a judicial order for failure
362	to appear and has previously willfully failed to appear, after
363	proper notice, for an adjudicatory hearing on the same case
364	regardless of the results of the risk assessment instrument. A
365	child may be held in secure detention for up to 72 hours in
366	advance of the next scheduled court hearing pursuant to this
367	paragraph. The child's failure to keep the clerk of court and
368	defense counsel informed of a current and valid mailing address
369	where the child will receive notice to appear at court
370	proceedings does not provide an adequate ground for excusal of
371	the child's nonappearance at the hearings.
372	(j) The child is detained on a judicial order for failure
373	to appear and has previously willfully failed to appear, after
374	proper notice, at two or more court hearings of any nature on
375	the same case regardless of the results of the risk assessment
376	instrument. A child may be held in secure detention for up to 72
377	hours in advance of the next scheduled court hearing pursuant to
378	this paragraph. The child's failure to keep the clerk of court
379	and defense counsel informed of a current and valid mailing
380	address where the child will receive notice to appear at court
381	proceedings does not provide an adequate ground for excusal of
382	the child's nonappearance at the hearings.
383
384	A child who meets any of these criteria and who is ordered to be
385	detained pursuant to this subsection shall be given a hearing
386	within 24 hours after being taken into custody. The purpose of
387	the detention hearing is to determine the existence of probable
388	cause that the child has committed the delinquent act or
389	violation of law with which he or she is charged and the need
390	for continued detention. Unless a child is detained under
391	paragraph (d) or paragraph (e), the court shall utilize the
392	results of the risk assessment performed by the juvenile
393	probation officer and, based on the criteria in this subsection,
394	shall determine the need for continued detention. A child placed
395	into secure, nonsecure, or home detention care may continue to
396	be so detained by the court pursuant to this subsection. If the
397	court orders a placement more restrictive than indicated by the
398	results of the risk assessment instrument, the court shall
399	state, in writing, clear and convincing reasons for such
400	placement. Except as provided in s. 790.22(8) or in subparagraph
401	(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
402	(10)(d), when a child is placed into secure or nonsecure
403	detention care, or into a respite home or other placement
404	pursuant to a court order following a hearing, the court order
405	must include specific instructions that direct the release of
406	the child from such placement no later than 5 p.m. on the last
407	day of the detention period specified in paragraph (5)(b) or
408	paragraph (5)(c), or subparagraph (10)(a)1., whichever is
409	applicable, unless the requirements of such applicable provision
410	have been met or an order of continuance has been granted
411	pursuant to paragraph (5)(f). Other than the initial detention
412	hearing, a child may appear at court hearings required by this
413	subsection by telephone or video teleconference.
414	(5)
415	(f) The time limits in paragraphs (c) and (d) do not
416	include periods of delay resulting from a continuance granted by
417	the court for cause on motion of the child or his or her counsel
418	or of the state. Upon the issuance of an order granting a
419	continuance for cause on a motion by either the child, the
420	child's counsel, or the state, the court shall conduct a hearing
421	at the end of each 72-hour period, excluding Saturdays, Sundays,
422	and legal holidays, to determine the need for continued
423	detention of the child and the need for further continuance of
424	proceedings for the child or the state. A child may appear at
425	court hearings required by this paragraph by telephone or video
426	teleconference.
427	(10)(a)1. When a child is committed to the Department of
428	Juvenile Justice awaiting dispositional placement, removal of
429	the child from detention care shall occur within 5 days,
430	excluding Saturdays, Sundays, and legal holidays. Any child held
431	in secure detention during the 5 days must meet detention
432	admission criteria pursuant to this section. If the child is
433	committed to a moderate-risk residential program, the department
434	may seek an order from the court authorizing continued detention
435	for a specific period of time necessary for the appropriate
436	residential placement of the child. However, such continued
437	detention in secure detention care may not exceed 15 days after
438	commitment, excluding Saturdays, Sundays, and legal holidays,
439	and except as otherwise provided in this subsection. A child may
440	appear at court hearings required by this subparagraph by
441	telephone or video teleconference.
442	2. The court must place all children who are adjudicated
443	and awaiting placement in a residential commitment program in
444	detention care. Children who are in home detention care or
445	nonsecure detention care may be placed on electronic monitoring.
446	Section 9. Subsections (4) and (5) of section 985.227,
447	Florida Statutes, are amended to read:
448	985.227 Prosecution of juveniles as adults by the direct
449	filing of an information in the criminal division of the circuit
450	court; discretionary criteria; mandatory criteria.--
451	(4) DIRECT-FILE POLICIES AND GUIDELINES.--Each state
452	attorney shall develop written policies and guidelines to govern
453	determinations for filing an information on a juvenile, to be
454	submitted to the Executive Office of the Governor, the President
455	of the Senate, and the Speaker of the House of Representatives
456	not later than January 1 of each year.
457	(4)(5)An information filed pursuant to this section may
458	include all charges that are based on the same act, criminal
459	episode, or transaction as the primary offenses.
460	Section 10. Paragraph (a) of subsection (1) of section
461	985.231, Florida Statutes, is amended to read:
462	985.231 Powers of disposition in delinquency cases.--
463	(1)(a) The court that has jurisdiction of an adjudicated
464	delinquent child may, by an order stating the facts upon which a
465	determination of a sanction and rehabilitative program was made
466	at the disposition hearing:
467	1. Place the child in a probation program or a
468	postcommitment probation program under the supervision of an
469	authorized agent of the Department of Juvenile Justice or of any
470	other person or agency specifically authorized and appointed by
471	the court, whether in the child's own home, in the home of a
472	relative of the child, or in some other suitable place under
473	such reasonable conditions as the court may direct. A probation
474	program for an adjudicated delinquent child must include a
475	penalty component such as restitution in money or in kind,
476	community service, a curfew, revocation or suspension of the
477	driver's license of the child, or other nonresidential
478	punishment appropriate to the offense and must also include a
479	rehabilitative program component such as a requirement of
480	participation in substance abuse treatment or in school or other
481	educational program. If the child is attending or is eligible to
482	attend public school and the court finds that the victim or a
483	sibling of the victim in the case is attending or may attend the
484	same school as the child, the court placement order shall
485	include a finding pursuant to the proceedings described in s.
486	985.23(1)(d). Upon the recommendation of the department at the
487	time of disposition, or subsequent to disposition pursuant to
488	the filing of a petition alleging a violation of the child's
489	conditions of postcommitment probation, the court may order the
490	child to submit to random testing for the purpose of detecting
491	and monitoring the use of alcohol or controlled substances.
492	a. A restrictiveness level classification scale for levels
493	of supervision shall be provided by the department, taking into
494	account the child's needs and risks relative to probation
495	supervision requirements to reasonably ensure the public safety.
496	Probation programs for children shall be supervised by the
497	department or by any other person or agency specifically
498	authorized by the court. These programs must include, but are
499	not limited to, structured or restricted activities as described
500	in this subparagraph, and shall be designed to encourage the
501	child toward acceptable and functional social behavior. If
502	supervision or a program of community service is ordered by the
503	court, the duration of such supervision or program must be
504	consistent with any treatment and rehabilitation needs
505	identified for the child and may not exceed the term for which
506	sentence could be imposed if the child were committed for the
507	offense, except that the duration of such supervision or program
508	for an offense that is a misdemeanor of the second degree, or is
509	equivalent to a misdemeanor of the second degree, may be for a
510	period not to exceed 6 months. When restitution is ordered by
511	the court, the amount of restitution may not exceed an amount
512	the child and the parent or guardian could reasonably be
513	expected to pay or make. A child who participates in any work
514	program under this part is considered an employee of the state
515	for purposes of liability, unless otherwise provided by law.
516	b. The court may conduct judicial review hearings for a
517	child placed on probation for the purpose of fostering
518	accountability to the judge and compliance with other
519	requirements, such as restitution and community service. The
520	court may allow early termination of probation for a child who
521	has substantially complied with the terms and conditions of
522	probation.
523	c. If the conditions of the probation program or the
524	postcommitment probation program are violated, the department or
525	the state attorney may bring the child before the court on an
526	affidavita petition alleging a violation of the program. The
527	state attorney shall represent the state in any hearing on the
528	violation.Any child who violates the conditions of probation or
529	postcommitment probation must be brought before the court if
530	sanctions are sought. A child taken into custody under s.
531	985.207 for violating the conditions of probation or
532	postcommitment probation shall be held in a consequence unit if
533	such a unit is available. The child shall be afforded a hearing
534	within 24 hours after being taken into custody to determine the
535	existence of probable cause that the child violated the
536	conditions of probation or postcommitment probation. A
537	consequence unit is a secure facility specifically designated by
538	the department for children who are taken into custody under s.
539	985.207 for violating probation or postcommitment probation, or
540	who have been found by the court to have violated the conditions
541	of probation or postcommitment probation. If the violation
542	involves a new charge of delinquency, the child may be detained
543	under s. 985.215 in a facility other than a consequence unit. If
544	the child is not eligible for detention for the new charge of
545	delinquency, the child may be held in the consequence unit
546	pending a hearing and is subject to the time limitations
547	specified in s. 985.215. If the child denies violating the
548	conditions of probation or postcommitment probation, the court
549	shall appoint counsel to represent the child at the child's
550	request. Upon the child's admission, or if the court finds after
551	a hearing that the child has violated the conditions of
552	probation or postcommitment probation, the court shall enter an
553	order revoking, modifying, or continuing probation or
554	postcommitment probation. In each such case, the court shall
555	enter a new disposition order and, in addition to the sanctions
556	set forth in this paragraph, may impose any sanction the court
557	could have imposed at the original disposition hearing. If the
558	child is found to have violated the conditions of probation or
559	postcommitment probation, the court may:
560	(I) Place the child in a consequence unit in that judicial
561	circuit, if available, for up to 5 days for a first violation,
562	and up to 15 days for a second or subsequent violation.
563	(II) Place the child on home detention with electronic
564	monitoring. However, this sanction may be used only if a
565	residential consequence unit is not available.
566	(III) Modify or continue the child's probation program or
567	postcommitment probation program.
568	(IV) Revoke probation or postcommitment probation and
569	commit the child to the department.
570	d. Notwithstanding s. 743.07 and paragraph (d), and except
571	as provided in s. 985.31, the term of any order placing a child
572	in a probation program must be until the child's 19th birthday
573	unless he or she is released by the court, on the motion of an
574	interested party or on its own motion.
575	2. Commit the child to a licensed child-caring agency
576	willing to receive the child, but the court may not commit the
577	child to a jail or to a facility used primarily as a detention
578	center or facility or shelter.
579	3. Commit the child to the Department of Juvenile Justice
580	at a residential commitment level defined in s. 985.03. Such
581	commitment must be for the purpose of exercising active control
582	over the child, including, but not limited to, custody, care,
583	training, urine monitoring, and treatment of the child and
584	release of the child into the community in a postcommitment
585	nonresidential conditional release program. If the child is
586	eligible to attend public school following residential
587	commitment and the court finds that the victim or a sibling of
588	the victim in the case is or may be attending the same school as
589	the child, the commitment order shall include a finding pursuant
590	to the proceedings described in s. 985.23(1)(d). If the child is
591	not successful in the conditional release program, the
592	department may use the transfer procedure under s. 985.404.
593	Notwithstanding s. 743.07 and paragraph (d), and except as
594	provided in s. 985.31, the term of the commitment must be until
595	the child is discharged by the department or until he or she
596	reaches the age of 19, except as provided in s. 985.201(4)(b)
597	21.
598	4. Revoke or suspend the driver's license of the child.
599	5. Require the child and, if the court finds it
600	appropriate, the child's parent or guardian together with the
601	child, to render community service in a public service program.
602	6. As part of the probation program to be implemented by
603	the Department of Juvenile Justice, or, in the case of a
604	committed child, as part of the community-based sanctions
605	ordered by the court at the disposition hearing or before the
606	child's release from commitment, order the child to make
607	restitution in money, through a promissory note cosigned by the
608	child's parent or guardian, or in kind for any damage or loss
609	caused by the child's offense in a reasonable amount or manner
610	to be determined by the court. The clerk of the circuit court
611	shall be the receiving and dispensing agent. In such case, the
612	court shall order the child or the child's parent or guardian to
613	pay to the office of the clerk of the circuit court an amount
614	not to exceed the actual cost incurred by the clerk as a result
615	of receiving and dispensing restitution payments. The clerk
616	shall notify the court if restitution is not made, and the court
617	shall take any further action that is necessary against the
618	child or the child's parent or guardian. A finding by the court,
619	after a hearing, that the parent or guardian has made diligent
620	and good faith efforts to prevent the child from engaging in
621	delinquent acts absolves the parent or guardian of liability for
622	restitution under this subparagraph.
623	7. Order the child and, if the court finds it appropriate,
624	the child's parent or guardian together with the child, to
625	participate in a community work project, either as an
626	alternative to monetary restitution or as part of the
627	rehabilitative or probation program.
628	8. Commit the child to the Department of Juvenile Justice
629	for placement in a program or facility for serious or habitual
630	juvenile offenders in accordance with s. 985.31. Any commitment
631	of a child to a program or facility for serious or habitual
632	juvenile offenders must be for an indeterminate period of time,
633	but the time may not exceed the maximum term of imprisonment
634	that an adult may serve for the same offense. The court may
635	retain jurisdiction over such child until the child reaches the
636	age of 21,specifically for the purpose of the child completing
637	the program, or until the child reaches the age of 22 for the
638	purpose of completing the program and conditional release.
639	9. In addition to the sanctions imposed on the child,
640	order the parent or guardian of the child to perform community
641	service if the court finds that the parent or guardian did not
642	make a diligent and good faith effort to prevent the child from
643	engaging in delinquent acts. The court may also order the parent
644	or guardian to make restitution in money or in kind for any
645	damage or loss caused by the child's offense. The court shall
646	determine a reasonable amount or manner of restitution, and
647	payment shall be made to the clerk of the circuit court as
648	provided in subparagraph 6.
649	10. Subject to specific appropriation, commit the juvenile
650	sexual offender to the Department of Juvenile Justice for
651	placement in a program or facility for juvenile sexual offenders
652	in accordance with s. 985.308. Any commitment of a juvenile
653	sexual offender to a program or facility for juvenile sexual
654	offenders must be for an indeterminate period of time, but the
655	time may not exceed the maximum term of imprisonment that an
656	adult may serve for the same offense. The court may retain
657	jurisdiction over a juvenile sexual offender until the juvenile
658	sexual offender reaches the age of 21,specifically for the
659	purpose of completing the program, or until the juvenile sexual
660	offender reaches the age of 22 for the purpose of completing the
661	program and conditional release.
662	Section 11. Paragraph (d) is added to subsection (2) of
663	section 985.01, Florida Statutes, to read:
664	985.01 Purposes and intent; personnel standards and
665	screening.--
666	(2) The Department of Juvenile Justice or the Department
667	of Children and Family Services, as appropriate, may contract
668	with the Federal Government, other state departments and
669	agencies, county and municipal governments and agencies, public
670	and private agencies, and private individuals and corporations
671	in carrying out the purposes of, and the responsibilities
672	established in, this chapter.
673	(d) The Department of Juvenile Justice is not authorized
674	to adopt any rule renaming any juvenile justice program. The
675	provisions of this paragraph shall be applied retroactively.
676	Section 12. This act shall take effect July 1, 2003.