Senate Bill sb3106

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 3106

    By Senator Villalobos





    38-997-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to juvenile justice; creating

  3         s. 985.001, F.S., relating to purposes and

  4         intent for the chapter; amending and

  5         redesignating provisions of s. 985.01, F.S.,

  6         relating to such purposes and intent; deleting

  7         references to personnel standards and screening

  8         and the authority of the Department of Juvenile

  9         Justice to enter into certain contracts;

10         creating s. 985.002, F.S., relating to the

11         legislative intent for the juvenile justice

12         system; amending and redesignating s. 985.02,

13         F.S.; revising a reference and a

14         cross-reference to conform; creating s.

15         985.003, F.S., relating to definitions for the

16         chapter; amending and redesignating s. 985.03,

17         F.S.; deleting the definition of the term

18         "detention center or facility"; redesignating

19         provisions that provide definitions for the

20         terms "child eligible for an intensive

21         residential treatment program for offenders

22         less than 13 years of age," "juvenile sex

23         offender," "serious or habitual juvenile

24         offender," and "serious or habitual juvenile

25         offender program"; revising a reference and

26         cross-references to conform; creating s.

27         985.0201, F.S., relating to the jurisdiction of

28         the juvenile court; amending and redesignating

29         s. 985.201, F.S.; amending and redesignating a

30         provision of s. 985.219, F.S., relating to such

31         jurisdiction; revising references and

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         cross-references to conform; creating s.

 2         985.0202, F.S., relating to legal

 3         representation for delinquency cases;

 4         redesignating s. 985.202, F.S.; creating

 5         985.0203, F.S., relating to the right to

 6         counsel; amending and redesignating s. 985.203,

 7         F.S., and s. 985.203, F.S., as amended by ch.

 8         2002-402, Laws of Florida; revising references

 9         to conform; creating s. 985.0205, F.S.,

10         relating to open hearings; redesignating s.

11         985.205, F.S.; creating s. 985.0206, F.S.,

12         relating to the rights of victims in juvenile

13         proceedings; amending and redesignating s.

14         985.206, F.S.; providing for the release to

15         victims of certain information; creating s.

16         985.0216, F.S., relating to punishment for

17         contempt of court and alternative sanctions;

18         amending and redesignating s. 985.216, F.S.;

19         deleting a provision authorizing the secure

20         placement of a child in need of services as a

21         sanction for contempt of court; revising a

22         cross-reference to conform; creating s.

23         985.2104, F.S., relating to oaths, records, and

24         confidential information; amending and

25         redesignating s. 985.04, F.S.; clarifying a

26         provision related to the release of certain

27         information; revising references and

28         cross-references to conform; creating s.

29         985.2105, F.S., relating to court records;

30         amending and redesignating s. 985.05, F.S.;

31         revising references and cross-references to

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         conform; creating s. 985.2106, F.S., relating

 2         to the statewide information-sharing system and

 3         interagency workgroup; redesignating s. 985.06,

 4         F.S.; creating s. 985.2108, F.S., relating to

 5         information systems; redesignating s. 985.08,

 6         F.S.; creating s. 985.3207, F.S., relating to

 7         taking a child into custody; amending and

 8         redesignating s. 985.207, F.S.; redesignating a

 9         provision of s. 985.215, F.S., relating to

10         transporting a child who has been taken into

11         custody; revising a reference and

12         cross-references to conform; creating s.

13         985.32075, F.S., relating to youth custody

14         officers; redesignating s. 985.2075, F.S.;

15         creating s. 985.3212, F.S., relating to

16         fingerprinting and photographing; amending and

17         redesignating s. 985.212, F.S.; revising a

18         cross-reference to conform; creating s.

19         985.32211, F.S., relating to release or

20         delivery from custody; amending and

21         redesignating provisions of s. 985.211, F.S.,

22         relating to such release or delivery; revising

23         cross-references to conform; creating s.

24         985.3301, F.S., relating to civil citations;

25         amending and redesignating s. 985.301, F.S.;

26         revising a cross-reference to conform; creating

27         s. 985.33065, F.S., relating to prearrest or

28         postarrest diversion programs; redesignating s.

29         985.3065, F.S.; creating s. 985.3307, F.S.,

30         relating to probable cause affidavits; amending

31         and redesignating provisions of s. 985.211,

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         F.S., relating to probable cause affidavits and

 2         certain requirements upon the taking of a child

 3         into custody; revising cross-references to

 4         conform; creating s. 985.33209, F.S., relating

 5         to juvenile assessment centers; redesignating

 6         s. 985.209, F.S.; creating s. 985.3321, F.S.,

 7         relating to the intake and case-management

 8         system; amending and redesignating provisions

 9         of s. 985.21, F.S., relating to intake and

10         case-management; revising cross-references to

11         conform; creating s. 985.33212, F.S., relating

12         to the responsibilities of the juvenile

13         probation officer during intake and to

14         screenings and assessments; amending and

15         redesignating provisions of s. 985.21, F.S.,

16         relating to such responsibilities, screenings,

17         and assessments; revising cross-references to

18         conform; creating s. 985.33213, F.S., relating

19         to filing decisions in juvenile cases;

20         redesignating and amending provisions of s.

21         985.21, F.S., relating to such decisions;

22         revising cross-references to conform; creating

23         s. 985.33303, F.S., relating to neighborhood

24         restorative justice; redesignating s. 985.303,

25         F.S.; creating s. 985.33304, F.S., relating to

26         community arbitration; redesignating and

27         amending s. 985.304; F.S.; revising a reference

28         to conform; creating s. 985.4224, F.S.,

29         relating to medical, psychiatric,

30         psychological, substance abuse, and educational

31         examination and treatment; providing for the

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         use of information gathered through the intake

 2         and case-management system; redesignating s.

 3         985.224, F.S.; redesignating a provision of s.

 4         985.215, F.S., relating to comprehensive

 5         evaluations of certain youth; creating s.

 6         985.4229, F.S., relating to evaluations for

 7         dispositions; providing for the use of

 8         information gathered through the intake and

 9         case-management system; redesignating

10         provisions of s. 985.229, F.S., relating to

11         such evaluations; creating s. 985.44223, F.S.,

12         relating to incompetency in juvenile

13         delinquency cases; redesignating s. 985.223,

14         F.S.; providing effective dates.

15  

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

17  

18         Section 1.  The provisions of chapter 985 are

19  redesignated and substantially reorganized. Chapter 985 is

20  reentitled from "DELINQUENCY; INTERSTATE COMPACT ON JUVENILES"

21  to "JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES"; part I

22  of that chapter is captioned "GENERAL PROVISIONS" and consists

23  of ss. 985.001, 985.002, 985.003, 985.0201, 985.0202,

24  985.0203, 985.0205, 985.0206, and 985.0216; part II of that

25  chapter is recaptioned from "DELINQUENCY AND CASE PROCESSING"

26  to "RECORDS AND INFORMATION" and consists of ss. 985.2104,

27  985.2105, 985.2106, 985.2108; part III of that chapter is

28  recaptioned from "JUVENILE JUSTICE CONTINUUM" to "CUSTODY AND

29  INTAKE; INTERVENTION AND DIVERSION" and consists of ss.

30  985.3207, 985.32075, 985.3212, 985.32211, 985.3301, 985.33065,

31  985.3307, 985.33209, 985.3321, 985.33212, 985.33213,

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  985.33303, and 985.33304; part IV of that chapter is

 2  recaptioned from "JUVENILE JUSTICE SYSTEM ADMINISTRATION" to

 3  "EXAMINATIONS AND EVALUATIONS" and consists of ss. 985.4224,

 4  985.4229, 985.44223, and 985.44418; part V of that chapter is

 5  recaptioned from "INTERSTATE COMPACT ON JUVENILES" to

 6  "DETENTION" and consists of ss. 985.50213, 985.5213, 985.5215,

 7  985.52152, 985.52155, 985.53215, 985.56215, 985.57215, and

 8  985.58208; part VI is captioned "PETITION, ARRAIGNMENT, AND

 9  ADJUDICATION" and consists of ss. 985.6218, 985.6219, 985.622,

10  985.6221, 985.6222, 985.6306, and 985.66228; part VII is

11  captioned "DISPOSITION; POSTDISPOSITION" and consists of ss.

12  985.7229, 985.723, 985.7231, 985.72311, 985.72312, 985.72313,

13  985.732132, 985.72314, 985.73215, 985.72316, 985.7316,

14  985.73313, 985.73331, 985.74231, 985.75311, 985.76312,

15  985.77309, 985.78314, 985.79231; part VIII is captioned

16  "AUTHORITY OF THE COURT OVER PARENTS OR GUARDIANS" and

17  consists of ss. 985.8203, 985.8204, 985.8231, and 985.8233;

18  PART IX is captioned "APPEAL" and consists of ss. 985.90234,

19  985.90235, and 985.90236; part X is captioned "TRANSFER TO

20  ADULT COURT" and consists of ss. 985.91226, 985.91227,

21  985.91228, 985.91223, 985.91223, 985.9133, and 985.91347; part

22  XI is captioned "DEPARTMENT OF JUVENILE JUSTICE" and consists

23  of ss. 985.94, 985.9405, 985.9406, 985.9415, 985.9416,

24  986.94315, 984.943155, 985.94317, 985.94319, 985.94412,

25  985.9442, 985.445, 985.9447, 985.9449, 985.946, 985.94635,

26  985.94636, 985.94745, 985.9475, 985.9483, 985.94841,

27  985.948411, 985.948422, 985.948475, 985.948541, 985.948542;

28  part XII is captioned "MISCELLANEOUS OFFENSES" and consists of

29  ss. 985.5045, 985.5046, 985.53141, and 985.5365; and part XIII

30  is captioned "INTERSTATE COMPACT ON JUVENILES" and consists of

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  ss. 985.9601, 985.9602, 985.9603, 985.9604, 985.9605,

 2  985.9606, and 985.9607.

 3         Section 2.  Section 985.01, Florida Statutes, is

 4  amended and redesignated as section 985.001, Florida Statutes,

 5  which is created to read:

 6         985.001 985.01  Purposes and intent; personnel

 7  standards and screening.--

 8         (1)  The purposes of this chapter are:

 9         (a)  To provide judicial and other procedures to assure

10  due process through which children and other interested

11  parties are assured fair hearings by a respectful and

12  respected court or other tribunal and the recognition,

13  protection, and enforcement of their constitutional and other

14  legal rights, while ensuring that public safety interests and

15  the authority and dignity of the courts are adequately

16  protected.

17         (b)  To provide for the care, safety, and protection of

18  children in an environment that fosters healthy social,

19  emotional, intellectual, and physical development; to ensure

20  secure and safe custody; and to promote the health and

21  well-being of all children under the state's care.

22         (c)  To ensure the protection of society, by providing

23  for a comprehensive standardized assessment of the child's

24  needs so that the most appropriate control, discipline,

25  punishment, and treatment can be administered consistent with

26  the seriousness of the act committed, the community's

27  long-term need for public safety, the prior record of the

28  child, and the specific rehabilitation needs of the child,

29  while also providing whenever possible restitution to the

30  victim of the offense.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (d)  To preserve and strengthen the child's family ties

 2  whenever possible, by providing for removal of the child from

 3  parental custody only when his or her welfare or the safety

 4  and protection of the public cannot be adequately safeguarded

 5  without such removal; and, when the child is removed from his

 6  or her own family, to secure custody, care, and discipline for

 7  the child as nearly as possible equivalent to that which

 8  should have been given by the parents; and to assure, in all

 9  cases in which a child must be permanently removed from

10  parental custody, that the child be placed in an approved

11  family home, adoptive home, independent living program, or

12  other placement that provides the most stable and permanent

13  living arrangement for the child, as determined by the court.

14         (e)1.  To assure that the adjudication and disposition

15  of a child alleged or found to have committed a violation of

16  Florida law be exercised with appropriate discretion and in

17  keeping with the seriousness of the offense and the need for

18  treatment services, and that all findings made under this

19  chapter be based upon facts presented at a hearing that meets

20  the constitutional standards of fundamental fairness and due

21  process.

22         2.  To assure that the sentencing and placement of a

23  child tried as an adult be appropriate and in keeping with the

24  seriousness of the offense and the child's need for

25  rehabilitative services, and that the proceedings and

26  procedures applicable to such sentencing and placement be

27  applied within the full framework of constitutional standards

28  of fundamental fairness and due process.

29         (f)  To provide children committed to the Department of

30  Juvenile Justice with training in life skills, including

31  career education.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (2)  The Department of Juvenile Justice or the

 2  Department of Children and Family Services, as appropriate,

 3  may contract with the Federal Government, other state

 4  departments and agencies, county and municipal governments and

 5  agencies, public and private agencies, and private individuals

 6  and corporations in carrying out the purposes of, and the

 7  responsibilities established in, this chapter.

 8         (a)  When the Department of Juvenile Justice or the

 9  Department of Children and Family Services contracts with a

10  provider for any program for children, all personnel,

11  including owners, operators, employees, and volunteers, in the

12  facility must be of good moral character. Each contract

13  entered into by either department for services delivered on an

14  appointment or intermittent basis by a provider that does not

15  have regular custodial responsibility for children and each

16  contract with a school for before or aftercare services must

17  ensure that the owners, operators, and all personnel who have

18  direct contact with children are of good moral character. A

19  volunteer who assists on an intermittent basis for less than

20  40 hours per month need not be screened if the volunteer is

21  under direct and constant supervision by persons who meet the

22  screening requirements.

23         (b)  The Department of Juvenile Justice and the

24  Department of Children and Family Services shall require

25  employment screening pursuant to chapter 435, using the level

26  2 standards set forth in that chapter for personnel in

27  programs for children or youths.

28         (c)  The Department of Juvenile Justice or the

29  Department of Children and Family Services may grant

30  exemptions from disqualification from working with children as

31  provided in s. 435.07.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (3)  It is the intent of the Legislature that this

 2  chapter be liberally interpreted and construed in conformity

 3  with its declared purposes.

 4         Section 3.  Paragraph (a) of subsection (4) of section

 5  985.02, Florida Statutes, is amended and said section is

 6  redesignated as section 985.002, Florida Statutes, which is

 7  created to read:

 8         985.002 985.02  Legislative intent for the juvenile

 9  justice system.--

10         (4)  DETENTION.--

11         (a)  The Legislature finds that there is a need for a

12  secure placement for certain children alleged to have

13  committed a delinquent act. The Legislature finds that secure

14  detention under part II should be used only when less

15  restrictive interim placement alternatives prior to

16  adjudication and disposition are not appropriate. The

17  Legislature further finds that decisions to detain should be

18  based in part on a prudent assessment of risk and be limited

19  to situations where there is clear and convincing evidence

20  that a child presents a risk of failing to appear or presents

21  a substantial risk of inflicting bodily harm on others as

22  evidenced by recent behavior; presents a history of committing

23  a serious property offense prior to adjudication, disposition,

24  or placement; has acted in direct or indirect contempt of

25  court; or requests protection from imminent bodily harm.

26         Section 4.  Section 985.03, Florida Statutes, is

27  amended and redesignated as section 985.003, Florida Statutes,

28  which is created to read:

29         985.003 985.03  Definitions.--When used in this

30  chapter, the term:

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (1)  "Addictions receiving facility" means a substance

 2  abuse service provider as defined in chapter 397.

 3         (2)  "Adjudicatory hearing" means a hearing for the

 4  court to determine whether or not the facts support the

 5  allegations stated in the petition, as is provided for under

 6  s. 985.228 in delinquency cases.

 7         (3)  "Adult" means any natural person other than a

 8  child.

 9         (4)  "Arbitration" means a process whereby a neutral

10  third person or panel, called an arbitrator or an arbitration

11  panel, considers the facts and arguments presented by the

12  parties and renders a decision which may be binding or

13  nonbinding.

14         (5)  "Authorized agent" or "designee" of the department

15  means a person or agency assigned or designated by the

16  Department of Juvenile Justice or the Department of Children

17  and Family Services, as appropriate, to perform duties or

18  exercise powers pursuant to this chapter and includes contract

19  providers and their employees for purposes of providing

20  services to and managing cases of children in need of services

21  and families in need of services.

22         (6)  "Child" or "juvenile" or "youth" means any

23  unmarried person under the age of 18 who has not been

24  emancipated by order of the court and who has been found or

25  alleged to be dependent, in need of services, or from a family

26  in need of services; or any married or unmarried person who is

27  charged with a violation of law occurring prior to the time

28  that person reached the age of 18 years.

29         (7)  "Child eligible for an intensive residential

30  treatment program for offenders less than 13 years of age"

31  means a child who has been found to have committed a

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  delinquent act or a violation of law in the case currently

 2  before the court and who meets at least one of the following

 3  criteria:

 4         (a)  The child is less than 13 years of age at the time

 5  of the disposition for the current offense and has been

 6  adjudicated on the current offense for:

 7         1.  Arson;

 8         2.  Sexual battery;

 9         3.  Robbery;

10         4.  Kidnapping;

11         5.  Aggravated child abuse;

12         6.  Aggravated assault;

13         7.  Aggravated stalking;

14         8.  Murder;

15         9.  Manslaughter;

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

17  destructive device or bomb;

18         11.  Armed burglary;

19         12.  Aggravated battery;

20         13.  Any lewd or lascivious offense committed upon or

21  in the presence of a person less than 16 years of age; or

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

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

24  a felony.

25         (b)  The child is less than 13 years of age at the time

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

27  child has previously been committed at least once to a

28  delinquency commitment program.

29         (c)  The child is less than 13 years of age and is

30  currently committed for a felony offense and transferred from

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

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (8)  "Child in need of services" means a child for whom

 2  there is no pending investigation into an allegation or

 3  suspicion of abuse, neglect, or abandonment; no pending

 4  referral alleging the child is delinquent; or no current

 5  supervision by the Department of Juvenile Justice or the

 6  Department of Children and Family Services for an adjudication

 7  of dependency or delinquency. The child must also, pursuant to

 8  this chapter, be found by the court:

 9         (a)  To have persistently run away from the child's

10  parents or legal custodians despite reasonable efforts of the

11  child, the parents or legal custodians, and appropriate

12  agencies to remedy the conditions contributing to the

13  behavior. Reasonable efforts shall include voluntary

14  participation by the child's parents or legal custodians and

15  the child in family mediation, services, and treatment offered

16  by the Department of Juvenile Justice or the Department of

17  Children and Family Services;

18         (b)  To be habitually truant from school, while subject

19  to compulsory school attendance, despite reasonable efforts to

20  remedy the situation pursuant to ss. 1003.26 and 1003.27 and

21  through voluntary participation by the child's parents or

22  legal custodians and by the child in family mediation,

23  services, and treatment offered by the Department of Juvenile

24  Justice or the Department of Children and Family Services; or

25         (c)  To have persistently disobeyed the reasonable and

26  lawful demands of the child's parents or legal custodians, and

27  to be beyond their control despite efforts by the child's

28  parents or legal custodians and appropriate agencies to remedy

29  the conditions contributing to the behavior. Reasonable

30  efforts may include such things as good faith participation in

31  family or individual counseling.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (8)(9)  "Child who has been found to have committed a

 2  delinquent act" means a child who, pursuant to the provisions

 3  of this chapter, is found by a court to have committed a

 4  violation of law or to be in direct or indirect contempt of

 5  court, except that this definition shall not include an act

 6  constituting contempt of court arising out of a dependency

 7  proceeding or a proceeding concerning a child or family in

 8  need of services pursuant to part III of this chapter.

 9         (9)(10)  "Child support" means a court-ordered

10  obligation, enforced under chapter 61 and ss.

11  409.2551-409.2597, for monetary support for the care,

12  maintenance, training, and education of a child.

13         (10)(11)  "Circuit" means any of the 20 judicial

14  circuits as set forth in s. 26.021.

15         (11)(12)  "Comprehensive assessment" or "assessment"

16  means the gathering of information for the evaluation of a

17  juvenile offender's or a child's physical, psychological,

18  educational, vocational, and social condition and family

19  environment as they relate to the child's need for

20  rehabilitative and treatment services, including substance

21  abuse treatment services, mental health services,

22  developmental services, literacy services, medical services,

23  family services, and other specialized services, as

24  appropriate.

25         (12)(13)  "Conditional release" means the care,

26  treatment, help, and supervision provided to a juvenile

27  released from a residential commitment program which is

28  intended to promote rehabilitation and prevent recidivism. The

29  purpose of conditional release is to protect the public,

30  reduce recidivism, increase responsible productive behavior,

31  and provide for a successful transition of the youth from the

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  department to the family. Conditional release includes, but is

 2  not limited to, nonresidential community-based programs.

 3         (13)(14)  "Court," unless otherwise expressly stated,

 4  means the circuit court assigned to exercise jurisdiction

 5  under this chapter.

 6         (14)(15)(a)  "Delinquency program" means any intake,

 7  probation, or similar program; regional detention center or

 8  facility; or community-based program, whether owned and

 9  operated by or contracted by the Department of Juvenile

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

11  the Department of Juvenile Justice, which provides intake,

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

13  to be or who have been found to be delinquent pursuant to this

14  chapter part II.

15         (b)  "Delinquency program staff" means supervisory and

16  direct care staff of a delinquency program as well as support

17  staff who have direct contact with children in a delinquency

18  program.

19         (c)  "Delinquency prevention programs" means programs

20  designed for the purpose of reducing the occurrence of

21  delinquency, including youth and street gang activity, and

22  juvenile arrests. The term excludes arbitration, diversionary

23  or mediation programs, and community service work or other

24  treatment available subsequent to a child committing a

25  delinquent act.

26         (15)(16)  "Department" means the Department of Juvenile

27  Justice.

28         (16)(17)  "Designated facility" or "designated

29  treatment facility" means any facility designated by the

30  Department of Juvenile Justice to provide treatment to

31  juvenile offenders.

                                  15

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (17)(18)  "Detention care" means the temporary care of

 2  a child in secure, nonsecure, or home detention, pending a

 3  court adjudication or disposition or execution of a court

 4  order. There are three types of detention care, as follows:

 5         (a)  "Secure detention" means temporary custody of the

 6  child while the child is under the physical restriction of a

 7  detention center or facility pending adjudication,

 8  disposition, or placement.

 9         (b)  "Nonsecure detention" means temporary custody of

10  the child while the child is in a residential home in the

11  community in a physically nonrestrictive environment under the

12  supervision of the Department of Juvenile Justice pending

13  adjudication, disposition, or placement.

14         (c)  "Home detention" means temporary custody of the

15  child while the child is released to the custody of the

16  parent, guardian, or custodian in a physically nonrestrictive

17  environment under the supervision of the Department of

18  Juvenile Justice staff pending adjudication, disposition, or

19  placement.

20         (19)  "Detention center or facility" means a facility

21  used pending court adjudication or disposition or execution of

22  court order for the temporary care of a child alleged or found

23  to have committed a violation of law. A detention center or

24  facility may provide secure or nonsecure custody. A facility

25  used for the commitment of adjudicated delinquents shall not

26  be considered a detention center or facility.

27         (18)(20)  "Detention hearing" means a hearing for the

28  court to determine if a child should be placed in temporary

29  custody, as provided for under ss. 985.213 and 985.215 in

30  delinquency cases.

31  

                                  16

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (19)(21)  "Disposition hearing" means a hearing in

 2  which the court determines the most appropriate dispositional

 3  services in the least restrictive available setting provided

 4  for under s. 985.231, in delinquency cases.

 5         (20)(22)  "Family" means a collective of persons,

 6  consisting of a child and a parent, guardian, adult custodian,

 7  or adult relative, in which:

 8         (a)  The persons reside in the same house or living

 9  unit; or

10         (b)  The parent, guardian, adult custodian, or adult

11  relative has a legal responsibility by blood, marriage, or

12  court order to support or care for the child.

13         (21)(23)  "Family in need of services" means a family

14  that has a child for whom there is no pending investigation

15  into an allegation of abuse, neglect, or abandonment or no

16  current supervision by the Department of Juvenile Justice or

17  the Department of Children and Family Services for an

18  adjudication of dependency or delinquency. The child must also

19  have been referred to a law enforcement agency or the

20  Department of Juvenile Justice for:

21         (a)  Running away from parents or legal custodians;

22         (b)  Persistently disobeying reasonable and lawful

23  demands of parents or legal custodians, and being beyond their

24  control; or

25         (c)  Habitual truancy from school.

26         (22)(24)  "Foster care" means care provided a child in

27  a foster family or boarding home, group home, agency boarding

28  home, child care institution, or any combination thereof.

29         (23)(25)  "Habitually truant" means that:

30         (a)  The child has 15 unexcused absences within 90

31  calendar days with or without the knowledge or justifiable

                                  17

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  consent of the child's parent or legal guardian, is subject to

 2  compulsory school attendance under s. 1003.21(1) and (2)(a),

 3  and is not exempt under s. 1003.21(3), s. 1003.24, or any

 4  other exemptions specified by law or the rules of the State

 5  Board of Education.

 6         (b)  Escalating activities to determine the cause, and

 7  to attempt the remediation, of the child's truant behavior

 8  under ss. 1003.26 and 1003.27 have been completed.

 9  

10  If a child who is subject to compulsory school attendance is

11  responsive to the interventions described in ss. 1003.26 and

12  1003.27 and has completed the necessary requirements to pass

13  the current grade as indicated in the district pupil

14  progression plan, the child shall not be determined to be

15  habitually truant and shall be passed. If a child within the

16  compulsory school attendance age has 15 unexcused absences

17  within 90 calendar days or fails to enroll in school, the

18  state attorney may file a child-in-need-of-services petition.

19  Prior to filing a petition, the child must be referred to the

20  appropriate agency for evaluation. After consulting with the

21  evaluating agency, the state attorney may elect to file a

22  child-in-need-of-services petition.

23         (c)  A school representative, designated according to

24  school board policy, and a juvenile probation officer of the

25  Department of Juvenile Justice have jointly investigated the

26  truancy problem or, if that was not feasible, have performed

27  separate investigations to identify conditions that could be

28  contributing to the truant behavior; and if, after a joint

29  staffing of the case to determine the necessity for services,

30  such services were determined to be needed, the persons who

31  performed the investigations met jointly with the family and

                                  18

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  child to discuss any referral to appropriate community

 2  agencies for economic services, family or individual

 3  counseling, or other services required to remedy the

 4  conditions that are contributing to the truant behavior.

 5         (d)  The failure or refusal of the parent or legal

 6  guardian or the child to participate, or make a good faith

 7  effort to participate, in the activities prescribed to remedy

 8  the truant behavior, or the failure or refusal of the child to

 9  return to school after participation in activities required by

10  this subsection, or the failure of the child to stop the

11  truant behavior after the school administration and the

12  Department of Juvenile Justice have worked with the child as

13  described in s. 1003.27(3) shall be handled as prescribed in

14  s. 1003.27.

15         (24)(26)  "Halfway house" means a community-based

16  residential program for 10 or more committed delinquents at

17  the moderate-risk commitment level which is operated or

18  contracted by the Department of Juvenile Justice.

19         (25)(27)  "Intake" means the initial acceptance and

20  screening by the Department of Juvenile Justice of a complaint

21  or a law enforcement report or probable cause affidavit of

22  delinquency, family in need of services, or child in need of

23  services to determine the recommendation to be taken in the

24  best interests of the child, the family, and the community.

25  The emphasis of intake is on diversion and the least

26  restrictive available services. Consequently, intake includes

27  such alternatives as:

28         (a)  The disposition of the complaint, report, or

29  probable cause affidavit without court or public agency action

30  or judicial handling when appropriate.

31  

                                  19

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (b)  The referral of the child to another public or

 2  private agency when appropriate.

 3         (c)  The recommendation by the juvenile probation

 4  officer of judicial handling when appropriate and warranted.

 5         (26)(28)  "Judge" means the circuit judge exercising

 6  jurisdiction pursuant to this chapter.

 7         (27)(29)  "Juvenile justice continuum" includes, but is

 8  not limited to, delinquency prevention programs and services

 9  designed for the purpose of preventing or reducing delinquent

10  acts, including criminal activity by youth gangs, and juvenile

11  arrests, as well as programs and services targeted at children

12  who have committed delinquent acts, and children who have

13  previously been committed to residential treatment programs

14  for delinquents. The term includes

15  children-in-need-of-services and families-in-need-of-services

16  programs; conditional release; substance abuse and mental

17  health programs; educational and vocational programs;

18  recreational programs; community services programs; community

19  service work programs; and alternative dispute resolution

20  programs serving children at risk of delinquency and their

21  families, whether offered or delivered by state or local

22  governmental entities, public or private for-profit or

23  not-for-profit organizations, or religious or charitable

24  organizations.

25         (28)(30)  "Juvenile probation officer" means the

26  authorized agent of the Department of Juvenile Justice who

27  performs the intake, case management, or supervision

28  functions.

29         (31)  "Juvenile sexual offender" means:

30         (a)  A juvenile who has been found by the court

31  pursuant to s. 985.228 to have committed a violation of

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

 2  847.0133;

 3         (b)  A juvenile found to have committed any felony

 4  violation of law or delinquent act involving juvenile sexual

 5  abuse. "Juvenile sexual abuse" means any sexual behavior which

 6  occurs without consent, without equality, or as a result of

 7  coercion. For purposes of this subsection, the following

 8  definitions apply:

 9         1.  "Coercion" means the exploitation of authority, use

10  of bribes, threats of force, or intimidation to gain

11  cooperation or compliance.

12         2.  "Equality" means two participants operating with

13  the same level of power in a relationship, neither being

14  controlled nor coerced by the other.

15         3.  "Consent" means an agreement including all of the

16  following:

17         a.  Understanding what is proposed based on age,

18  maturity, developmental level, functioning, and experience.

19         b.  Knowledge of societal standards for what is being

20  proposed.

21         c.  Awareness of potential consequences and

22  alternatives.

23         d.  Assumption that agreement or disagreement will be

24  accepted equally.

25         e.  Voluntary decision.

26         f.  Mental competence.

27  

28  Juvenile sexual offender behavior ranges from noncontact

29  sexual behavior such as making obscene phone calls,

30  exhibitionism, voyeurism, and the showing or taking of lewd

31  photographs to varying degrees of direct sexual contact, such

                                  21

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  as frottage, fondling, digital penetration, rape, fellatio,

 2  sodomy, and various other sexually aggressive acts.

 3         (29)(32)  "Legal custody or guardian" means a legal

 4  status created by court order or letter of guardianship which

 5  vests in a custodian of the person or guardian, whether an

 6  agency or an individual, the right to have physical custody of

 7  the child and the right and duty to protect, train, and

 8  discipline the child and to provide him or her with food,

 9  shelter, education, and ordinary medical, dental, psychiatric,

10  and psychological care.

11         (30)(33)  "Licensed child-caring agency" means a

12  person, society, association, or agency licensed by the

13  Department of Children and Family Services to care for,

14  receive, and board children.

15         (31)(34)  "Licensed health care professional" means a

16  physician licensed under chapter 458, an osteopathic physician

17  licensed under chapter 459, a nurse licensed under part I of

18  chapter 464, a physician assistant licensed under chapter 458

19  or chapter 459, or a dentist licensed under chapter 466.

20         (32)(35)  "Likely to injure oneself" means that, as

21  evidenced by violent or other actively self-destructive

22  behavior, it is more likely than not that within a 24-hour

23  period the child will attempt to commit suicide or inflict

24  serious bodily harm on himself or herself.

25         (33)(36)  "Likely to injure others" means that it is

26  more likely than not that within a 24-hour period the child

27  will inflict serious and unjustified bodily harm on another

28  person.

29         (34)(37)  "Mediation" means a process whereby a neutral

30  third person called a mediator acts to encourage and

31  facilitate the resolution of a dispute between two or more

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  parties. It is an informal and nonadversarial process with the

 2  objective of helping the disputing parties reach a mutually

 3  acceptable and voluntary agreement. In mediation,

 4  decisionmaking authority rests with the parties. The role of

 5  the mediator includes, but is not limited to, assisting the

 6  parties in identifying issues, fostering joint problem

 7  solving, and exploring settlement alternatives.

 8         (35)(38)  "Necessary medical treatment" means care

 9  which is necessary within a reasonable degree of medical

10  certainty to prevent the deterioration of a child's condition

11  or to alleviate immediate pain of a child.

12         (36)(39)  "Next of kin" means an adult relative of a

13  child who is the child's brother, sister, grandparent, aunt,

14  uncle, or first cousin.

15         (37)(40)  "Parent" means a woman who gives birth to a

16  child and a man whose consent to the adoption of the child

17  would be required under s. 63.062(1). If a child has been

18  legally adopted, the term "parent" means the adoptive mother

19  or father of the child. The term does not include an

20  individual whose parental relationship to the child has been

21  legally terminated, or an alleged or prospective parent,

22  unless the parental status falls within the terms of either s.

23  39.503(1) or s. 63.062(1).

24         (38)(41)  "Preliminary screening" means the gathering

25  of preliminary information to be used in determining a child's

26  need for further evaluation or assessment or for referral for

27  other substance abuse services through means such as

28  psychosocial interviews; urine and breathalyzer screenings;

29  and reviews of available educational, delinquency, and

30  dependency records of the child.

31  

                                  23

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (39)(42)  "Preventive services" means social services

 2  and other supportive and rehabilitative services provided to

 3  the parent of the child, the legal guardian of the child, or

 4  the custodian of the child and to the child for the purpose of

 5  averting the removal of the child from the home or disruption

 6  of a family which will or could result in the placement of a

 7  child in foster care. Social services and other supportive and

 8  rehabilitative services shall promote the child's need for a

 9  safe, continuous, stable living environment and shall promote

10  family autonomy and shall strengthen family life as the first

11  priority whenever possible.

12         (40)(43)  "Probation" means the legal status of

13  probation created by law and court order in cases involving a

14  child who has been found to have committed a delinquent act.

15  Probation is an individualized program in which the freedom of

16  the child is limited and the child is restricted to

17  noninstitutional quarters or restricted to the child's home in

18  lieu of commitment to the custody of the Department of

19  Juvenile Justice. Youth on probation may be assessed and

20  classified for placement in day-treatment probation programs

21  designed for youth who represent a minimum risk to themselves

22  and public safety and do not require placement and services in

23  a residential setting. Program types in this more intensive

24  and structured day-treatment probation option include

25  vocational programs, marine programs, juvenile justice

26  alternative schools, training and rehabilitation programs, and

27  gender-specific programs.

28         (41)(44)  "Relative" means a grandparent,

29  great-grandparent, sibling, first cousin, aunt, uncle,

30  great-aunt, great-uncle, niece, or nephew, whether related by

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  the whole or half blood, by affinity, or by adoption. The term

 2  does not include a stepparent.

 3         (42)(45)  "Residential commitment level" means the

 4  level of security provided by programs that service the

 5  supervision, custody, care, and treatment needs of committed

 6  children. Sections 985.3141 and 985.404(11) apply to children

 7  placed in programs at any residential commitment level. The

 8  levels of residential commitment are as follows:

 9         (a)  Low-risk residential.--Programs or program models

10  at this commitment level are residential but may allow youth

11  to have unsupervised access to the community. Youth assessed

12  and classified for placement in programs at this commitment

13  level represent a low risk to themselves and public safety but

14  do require placement and services in residential settings.

15  Children who have been found to have committed delinquent acts

16  that involve firearms, delinquent acts that are sexual

17  offenses, or delinquent acts that would be life felonies or

18  first degree felonies if committed by an adult shall not be

19  committed to a program at this level.

20         (b)  Moderate-risk residential.--Programs or program

21  models at this commitment level are residential but may allow

22  youth to have supervised access to the community. Facilities

23  are either environmentally secure, staff secure, or are

24  hardware-secure with walls, fencing, or locking doors.

25  Facilities shall provide 24-hour awake supervision, custody,

26  care, and treatment of residents. Youth assessed and

27  classified for placement in programs at this commitment level

28  represent a moderate risk to public safety and require close

29  supervision. The staff at a facility at this commitment level

30  may seclude a child who is a physical threat to himself or

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  herself or others. Mechanical restraint may also be used when

 2  necessary.

 3         (c)  High-risk residential.--Programs or program models

 4  at this commitment level are residential and shall not allow

 5  youth to have access to the community. Facilities are

 6  hardware-secure with perimeter fencing and locking doors.

 7  Facilities shall provide 24-hour awake supervision, custody,

 8  care, and treatment of residents. Youth assessed and

 9  classified for this level of placement require close

10  supervision in a structured residential setting. Placement in

11  programs at this level is prompted by a concern for public

12  safety that outweighs placement in programs at lower

13  commitment levels. The staff at a facility at this commitment

14  level may seclude a child who is a physical threat to himself

15  or herself or others. Mechanical restraint may also be used

16  when necessary. The facility may provide for single cell

17  occupancy.

18         (d)  Maximum-risk residential.--Programs or program

19  models at this commitment level include juvenile correctional

20  facilities and juvenile prisons. The programs are long-term

21  residential and shall not allow youth to have access to the

22  community. Facilities are maximum-custody hardware-secure with

23  perimeter security fencing and locking doors. Facilities shall

24  provide 24-hour awake supervision, custody, care, and

25  treatment of residents. The staff at a facility at this

26  commitment level may seclude a child who is a physical threat

27  to himself or herself or others. Mechanical restraint may also

28  be used when necessary. The facility shall provide for single

29  cell occupancy, except that youth may be housed together

30  during prerelease transition. Youth assessed and classified

31  for this level of placement require close supervision in a

                                  26

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  maximum security residential setting. Placement in a program

 2  at this level is prompted by a demonstrated need to protect

 3  the public.

 4         (43)(46)  "Respite" means a placement that is available

 5  for the care, custody, and placement of a youth charged with

 6  domestic violence as an alternative to secure detention or for

 7  placement of a youth when a shelter bed for a child in need of

 8  services or a family in need of services is unavailable.

 9         (44)(47)  "Secure detention center or facility" means a

10  physically restricting facility for the temporary care of

11  children, pending adjudication, disposition, or placement.

12         (48)  "Serious or habitual juvenile offender," for

13  purposes of commitment to a residential facility and for

14  purposes of records retention, means a child who has been

15  found to have committed a delinquent act or a violation of

16  law, in the case currently before the court, and who meets at

17  least one of the following criteria:

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

19  of the disposition for the current offense and has been

20  adjudicated on the current offense for:

21         1.  Arson;

22         2.  Sexual battery;

23         3.  Robbery;

24         4.  Kidnapping;

25         5.  Aggravated child abuse;

26         6.  Aggravated assault;

27         7.  Aggravated stalking;

28         8.  Murder;

29         9.  Manslaughter;

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

31  destructive device or bomb;

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         11.  Armed burglary;

 2         12.  Aggravated battery;

 3         13.  Any lewd or lascivious offense committed upon or

 4  in the presence of a person less than 16 years of age; or

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

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

 7  a felony.

 8         (b)  The youth is at least 13 years of age at the time

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

10  child has previously been committed at least two times to a

11  delinquency commitment program.

12         (c)  The youth is at least 13 years of age and is

13  currently committed for a felony offense and transferred from

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

15         (49)  "Serious or habitual juvenile offender program"

16  means the program established in s. 985.31.

17         (45)(50)  "Shelter" means a place for the temporary

18  care of a child who is alleged to be or who has been found to

19  be delinquent.

20         (46)(51)  "Shelter hearing" means a hearing provided

21  for under s. 984.14 in family-in-need-of-services cases or

22  child-in-need-of-services cases.

23         (47)(52)  "Staff-secure shelter" means a facility in

24  which a child is supervised 24 hours a day by staff members

25  who are awake while on duty. The facility is for the temporary

26  care and assessment of a child who has been found to be

27  dependent, who has violated a court order and been found in

28  contempt of court, or whom the Department of Children and

29  Family Services is unable to properly assess or place for

30  assistance within the continuum of services provided for

31  dependent children.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (48)(53)  "Substance abuse" means using, without

 2  medical reason, any psychoactive or mood-altering drug,

 3  including alcohol, in such a manner as to induce impairment

 4  resulting in dysfunctional social behavior.

 5         (49)(54)  "Taken into custody" means the status of a

 6  child immediately when temporary physical control over the

 7  child is attained by a person authorized by law, pending the

 8  child's release, detention, placement, or other disposition as

 9  authorized by law.

10         (50)(55)  "Temporary legal custody" means the

11  relationship that a juvenile court creates between a child and

12  an adult relative of the child, adult nonrelative approved by

13  the court, or other person until a more permanent arrangement

14  is ordered. Temporary legal custody confers upon the custodian

15  the right to have temporary physical custody of the child and

16  the right and duty to protect, train, and discipline the child

17  and to provide the child with food, shelter, and education,

18  and ordinary medical, dental, psychiatric, and psychological

19  care, unless these rights and duties are otherwise enlarged or

20  limited by the court order establishing the temporary legal

21  custody relationship.

22         (51)(56)  "Temporary release" means the terms and

23  conditions under which a child is temporarily released from a

24  commitment facility or allowed home visits. If the temporary

25  release is from a moderate-risk residential facility, a

26  high-risk residential facility, or a maximum-risk residential

27  facility, the terms and conditions of the temporary release

28  must be approved by the child, the court, and the facility.

29  The term includes periods during which the child is supervised

30  pursuant to a conditional release program or a period during

31  which the child is supervised by a juvenile probation officer

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  or other nonresidential staff of the department or staff

 2  employed by an entity under contract with the department.

 3         (52)(57)  "Training school" means one of the following

 4  facilities: the Arthur G. Dozier School or the Eckerd Youth

 5  Development Center.

 6         (53)(58)  "Violation of law" or "delinquent act" means

 7  a violation of any law of this state, the United States, or

 8  any other state which is a misdemeanor or a felony or a

 9  violation of a county or municipal ordinance which would be

10  punishable by incarceration if the violation were committed by

11  an adult.

12         (54)(59)  "Waiver hearing" means a hearing provided for

13  under s. 985.226(3).

14         Section 5.  Section 985.201, Florida Statutes, is

15  amended and redesignated as section 985.0201, Florida

16  Statutes, and present subsection (8) of section 985.219,

17  Florida Statutes, is redesignated as subsection (2) of section

18  985.0201, Florida Statutes, which is created to read:

19         985.0201 985.201  Jurisdiction.--

20         (1)  The circuit court has exclusive original

21  jurisdiction of proceedings in which a child is alleged to

22  have committed a delinquent act or violation of law.

23         (2)(8)  The jurisdiction of the court shall attach to

24  the child and the case when the summons is served upon the

25  child and a parent or legal or actual custodian or guardian of

26  the child, or when the child is taken into custody with or

27  without service of summons and before or after the filing of a

28  petition, whichever first occurs, and thereafter the court may

29  control the child and the case in accordance with this chapter

30  part.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (3)(2)  During the prosecution of any violation of law

 2  against any person who has been presumed to be an adult, if it

 3  is shown that the person was a child at the time the offense

 4  was committed and that the person does not meet the criteria

 5  for prosecution and sentencing as an adult, the court shall

 6  immediately transfer the case, together with the physical

 7  custody of the person and all physical evidence, papers,

 8  documents, and testimony, original and duplicate, connected

 9  therewith, to the appropriate court for proceedings under this

10  chapter. The circuit court is exclusively authorized to assume

11  jurisdiction over any juvenile offender who is arrested and

12  charged with violating a federal law or a law of the District

13  of Columbia, who is found or is living or domiciled in a

14  county in which the circuit court is established, and who is

15  surrendered to the circuit court as provided in 18 U.S.C. s.

16  5001.

17         (4)(3)(a)  Petitions alleging delinquency filed under

18  this part shall be filed in the county where the delinquent

19  act or violation of law occurred, but the circuit court for

20  that county may transfer the case to the circuit court of the

21  circuit in which the child resides or will reside at the time

22  of detention or placement for dispositional purposes. A child

23  who has been detained shall be transferred to the appropriate

24  detention center or facility or other placement directed by

25  the receiving court.

26         (b)  The jurisdiction to be exercised by the court when

27  a child is taken into custody before the filing of a petition

28  under subsection (2) s. 985.219(8) shall be exercised by the

29  circuit court for the county in which the child is taken into

30  custody, which court shall have personal jurisdiction of the

31  child and the child's parent or legal guardian. Upon the

                                  31

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  filing of a petition in the appropriate circuit court, the

 2  court that is exercising initial jurisdiction of the person of

 3  the child shall, if the child has been detained, immediately

 4  order the child to be transferred to the detention center or

 5  facility or other placement as ordered by the court having

 6  subject matter jurisdiction of the case.

 7         (5)(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23,

 8  and 985.231, and except as provided in ss. 985.31 and

 9  paragraph (f) 985.313, when the jurisdiction of any child who

10  is alleged to have committed a delinquent act or violation of

11  law is obtained, the court shall retain jurisdiction, unless

12  relinquished by its order, until the child reaches 19 years of

13  age, with the same power over the child that the court had

14  prior to the child becoming an adult.

15         (b)  Notwithstanding ss. 743.07 and 985.231(1)(d), and

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

17  a child in a probation program must be until the child's 19th

18  birthday unless he or she is released by the court, on the

19  motion of an interested party or on its own motion.

20         (c)  Notwithstanding ss. 743.07 and 985.231(1)(d), and

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

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

23  until he or she reaches the age of 21.

24         (d)(b)1.  The court may retain jurisdiction over a

25  child committed to the department for placement in a juvenile

26  prison or in a high-risk or maximum-risk residential

27  commitment program to allow the child to participate in a

28  juvenile conditional release program pursuant to s. 985.316.

29  In no case shall the jurisdiction of the court be retained

30  beyond the child's 22nd birthday. However, if the child is not

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  successful in the conditional release program, the department

 2  may use the transfer procedure under s. 985.404.

 3         (e)2.  The court may retain jurisdiction over a child

 4  committed to the department for placement in an intensive

 5  residential treatment program for 10-year-old to 13-year-old

 6  offenders, in the residential commitment program in a juvenile

 7  prison, in a residential sex offender program, or in a program

 8  for serious or habitual juvenile offenders as provided in s.

 9  985.311 or s. 985.31 until the child reaches the age of 21. If

10  the court exercises this jurisdiction retention, it shall do

11  so solely for the purpose of the child completing the

12  intensive residential treatment program for 10-year-old to

13  13-year-old offenders, in the residential commitment program

14  in a juvenile prison, in a residential sex offender program,

15  or the program for serious or habitual juvenile offenders.

16  Such jurisdiction retention does not apply for other programs,

17  other purposes, or new offenses.

18         (f)  The court may retain jurisdiction over a child

19  committed to a juvenile correctional facility or a juvenile

20  prison until the child reaches the age of 21 years,

21  specifically for the purpose of allowing the child to complete

22  such program.

23         (g)(c)  The court may retain jurisdiction over a child

24  and the child's parent or legal guardian whom the court has

25  ordered to pay restitution until the restitution order is

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

27  retains such jurisdiction after the date upon which the

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

29  do so solely for the purpose of enforcing the restitution

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

31  provisions of s. 775.089(5).

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (h)(d)  This subsection does not prevent the exercise

 2  of jurisdiction by any court having jurisdiction of the child

 3  if the child, after becoming an adult, commits a violation of

 4  law.

 5         Section 6.  Section 985.202, Florida Statutes, is

 6  redesignated as section 985.0202, Florida Statutes.

 7         Section 7.  Subsection (1) of section 985.203, Florida

 8  Statutes, is amended and said section is redesignated as

 9  section 985.0203, Florida Statutes, which is created to read:

10         985.0203 985.203  Right to counsel.--

11         (1)  A child is entitled to representation by legal

12  counsel at all stages of any proceedings under this chapter

13  part. If the child and the parents or other legal guardian are

14  indigent and unable to employ counsel for the child, the court

15  shall appoint counsel pursuant to s. 27.52. Determination of

16  indigency and costs of representation shall be as provided by

17  ss. 27.52 and 938.29. Legal counsel representing a child who

18  exercises the right to counsel shall be allowed to provide

19  advice and counsel to the child at any time subsequent to the

20  child's arrest, including prior to a detention hearing while

21  in secure detention care. A child shall be represented by

22  legal counsel at all stages of all court proceedings unless

23  the right to counsel is freely, knowingly, and intelligently

24  waived by the child. If the child appears without counsel, the

25  court shall advise the child of his or her rights with respect

26  to representation of court-appointed counsel.

27         Section 8.  Effective July 1, 2004, section 985.203,

28  Florida Statutes, as amended by chapter 2003-402, Laws of

29  Florida, is redesignated as section 985.0203, Florida Statutes

30  and subsection (1) of said section is amended to read:

31         985.0203 985.203  Right to counsel.--

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (1)  A child is entitled to representation by legal

 2  counsel at all stages of any proceedings under this chapter

 3  part. If the child and the parents or other legal guardian are

 4  indigent and unable to employ counsel for the child, the court

 5  shall appoint counsel pursuant to s. 27.52. Determination of

 6  indigence and costs of representation shall be as provided by

 7  ss. 27.52 and 938.29. Legal counsel representing a child who

 8  exercises the right to counsel shall be allowed to provide

 9  advice and counsel to the child at any time subsequent to the

10  child's arrest, including prior to a detention hearing while

11  in secure detention care. A child shall be represented by

12  legal counsel at all stages of all court proceedings unless

13  the right to counsel is freely, knowingly, and intelligently

14  waived by the child. If the child appears without counsel, the

15  court shall advise the child of his or her rights with respect

16  to representation of court-appointed counsel.

17         Section 9.  Section 985.205, Florida Statutes, is

18  redesignated as section 985.0205, Florida Statutes.

19         Section 10.  Section 985.206, Florida Statutes, is

20  amended and redesignated as section 985.0206, Florida

21  Statutes, which is created to read:

22         985.0206 985.206  Rights of victims; juvenile

23  proceedings.--

24         (1)  Nothing in this chapter prohibits:

25         (a)(1)  The victim of the offense;

26         (b)(2)  The victim's parent or guardian if the victim

27  is a minor;

28         (c)(3)  The lawful representative of the victim or of

29  the victim's parent or guardian if the victim is a minor; or

30         (d)(4)  The next of kin if the victim is a homicide

31  victim,

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  

 2  from the right to be informed of, to be present during, and to

 3  be heard when relevant at, all crucial stages of the

 4  proceedings involving the juvenile offender, to the extent

 5  that such rights do not interfere with the constitutional

 6  rights of the juvenile offender. A person enumerated in this

 7  section may not reveal to any outside party any confidential

 8  information obtained pursuant to this paragraph regarding a

 9  case involving a juvenile offense, except as is reasonably

10  necessary to pursue legal remedies.

11         (2)  A law  enforcement agency may release a copy of

12  the juvenile offense report to the victim of the offense.

13  However, information gained by the victim pursuant to this

14  chapter, including the next of kin of a homicide victim,

15  regarding any case handled in juvenile court, must not be

16  revealed to any outside party, except as is reasonably

17  necessary in pursuit of legal remedies.

18         Section 11.  Subsection (2) and paragraph (b) of

19  subsection (4) of section 985.216, Florida Statutes, are

20  amended and said section is redesignated as section 985.0216,

21  Florida Statutes, which is created to read:

22         985.0216 985.216  Punishment for contempt of court;

23  alternative sanctions.--

24         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

25  placed in a secure facility for purposes of punishment for

26  contempt of court if alternative sanctions are unavailable or

27  inappropriate, or if the child has already been ordered to

28  serve an alternative sanction but failed to comply with the

29  sanction.

30         (a)  A delinquent child who has been held in direct or

31  indirect contempt may be placed in a secure detention facility

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  not to exceed 5 days for a first offense and not to exceed 15

 2  days for a second or subsequent offense.

 3         (b)  A child in need of services who has been held in

 4  direct contempt or indirect contempt may be placed, not to

 5  exceed 5 days for a first offense and not to exceed 15 days

 6  for a second or subsequent offense, in a staff-secure shelter

 7  or a staff-secure residential facility solely for children in

 8  need of services if such placement is available, or, if such

 9  placement is not available, the child may be placed in an

10  appropriate mental health facility or substance abuse facility

11  for assessment. In addition to disposition under this

12  paragraph, a child in need of services who is held in direct

13  contempt or indirect contempt may be placed in a physically

14  secure facility as provided under s. 984.226 if conditions of

15  eligibility are met.

16         (4)  CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

17  PROCESS.--

18         (b)  If a child is charged with indirect contempt of

19  court, the court must hold a hearing within 24 hours to

20  determine whether the child committed indirect contempt of a

21  valid court order. At the hearing, the following due process

22  rights must be provided to the child:

23         1.  Right to a copy of the order to show cause alleging

24  facts supporting the contempt charge.

25         2.  Right to an explanation of the nature and the

26  consequences of the proceedings.

27         3.  Right to legal counsel and the right to have legal

28  counsel appointed by the court if the juvenile is indigent,

29  pursuant to s. 985.0203 985.203.

30         4.  Right to confront witnesses.

31         5.  Right to present witnesses.

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    38-997-04                                               See HB




 1         6.  Right to have a transcript or record of the

 2  proceeding.

 3         7.  Right to appeal to an appropriate court.

 4  

 5  The child's parent or guardian may address the court regarding

 6  the due process rights of the child. The court shall review

 7  the placement of the child every 72 hours to determine whether

 8  it is appropriate for the child to remain in the facility.

 9         Section 12.  Section 985.04, Florida Statutes, is

10  amended and redesignated as section 985.2104, Florida

11  Statutes, which is created to read:

12         985.2104 985.04  Oaths; records; confidential

13  information.--

14         (5)(1)  Authorized agents of the Department of Juvenile

15  Justice may administer oaths and affirmations.

16         (6)(2)  Records maintained by the Department of

17  Juvenile Justice, including copies of records maintained by

18  the court, which pertain to a child found to have committed a

19  delinquent act which, if committed by an adult, would be a

20  crime specified in ss. 435.03 and 435.04 may not be destroyed

21  pursuant to this section for a period of 25 years after the

22  youth's final referral to the department, except in cases of

23  the death of the child. Such records, however, shall be sealed

24  by the court for use only in meeting the screening

25  requirements for personnel in s. 402.3055 and the other

26  sections cited above, or pursuant to departmental rule;

27  however, current criminal history information must be obtained

28  from the Department of Law Enforcement in accordance with s.

29  943.053. The information shall be released to those persons

30  specified in the above cited sections for the purposes of

31  complying with those sections. The court may punish by

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  contempt any person who releases or uses the records for any

 2  unauthorized purpose.

 3         (1)(3)(a)  Except as provided in subsections (2), (3),

 4  (4), (5), and (6), and (7) and s. 943.053, all information

 5  obtained under this chapter part in the discharge of official

 6  duty by any judge, any employee of the court, any authorized

 7  agent of the Department of Juvenile Justice, the Parole

 8  Commission, the Department of Corrections, the juvenile

 9  justice circuit boards, any law enforcement agent, or any

10  licensed professional or licensed community agency

11  representative participating in the assessment or treatment of

12  a juvenile is confidential and may be disclosed only to the

13  authorized personnel of the court, the Department of Juvenile

14  Justice and its designees, the Department of Corrections, the

15  Parole Commission, law enforcement agents, school

16  superintendents and their designees, any licensed professional

17  or licensed community agency representative participating in

18  the assessment or treatment of a juvenile, and others entitled

19  under this chapter to receive that information, or upon order

20  of the court. Within each county, the sheriff, the chiefs of

21  police, the district school superintendent, and the department

22  shall enter into an interagency agreement for the purpose of

23  sharing information about juvenile offenders among all

24  parties. The agreement must specify the conditions under which

25  summary criminal history information is to be made available

26  to appropriate school personnel, and the conditions under

27  which school records are to be made available to appropriate

28  department personnel. Such agreement shall require

29  notification to any classroom teacher of assignment to the

30  teacher's classroom of a juvenile who has been placed in a

31  probation or commitment program for a felony offense. The

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  agencies entering into such agreement must comply with s.

 2  943.0525, and must maintain the confidentiality of information

 3  that is otherwise exempt from s. 119.07(1), as provided by

 4  law.

 5         (b)  The department shall disclose to the school

 6  superintendent the presence of any child in the care and

 7  custody or under the jurisdiction or supervision of the

 8  department who has a known history of criminal sexual behavior

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

10  defined in s. 39.01; or has pled guilty or nolo contendere to,

11  or has been found to have committed, a violation of chapter

12  794, chapter 796, chapter 800, s. 827.071, or s. 847.0133,

13  regardless of adjudication. Any employee of a district school

14  board who knowingly and willfully discloses such information

15  to an unauthorized person commits a misdemeanor of the second

16  degree, punishable as provided in s. 775.082 or s. 775.083.

17         (7)(4)(a)  Records in the custody of the Department of

18  Juvenile Justice regarding children are not open to inspection

19  by the public. Such records may be inspected only upon order

20  of the Secretary of Juvenile Justice or his or her authorized

21  agent by persons who have sufficient reason and upon such

22  conditions for their use and disposition as the secretary or

23  his or her authorized agent deems proper. The information in

24  such records may be disclosed only to other employees of the

25  Department of Juvenile Justice who have a need therefor in

26  order to perform their official duty; to other persons as

27  authorized by rule of the Department of Juvenile Justice; and,

28  upon request, to the Department of Corrections. The secretary

29  or his or her authorized agent may permit properly qualified

30  persons to inspect and make abstracts from records for

31  statistical purposes under whatever conditions upon their use

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  and disposition the secretary or his or her authorized agent

 2  deems proper, provided adequate assurances are given that

 3  children's names and other identifying information will not be

 4  disclosed by the applicant.

 5         (b)  The destruction of records pertaining to children

 6  committed to or supervised by the Department of Juvenile

 7  Justice pursuant to a court order, which records are retained

 8  until a child reaches the age of 24 years or until a serious

 9  or habitual delinquent child reaches the age of 26 years,

10  shall be subject to chapter 943.

11         (2)(5)  Notwithstanding any other provisions of this

12  chapter part, the name, photograph, address, and crime or

13  arrest report of a child:

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

15  into custody by a law enforcement officer for a violation of

16  law which, if committed by an adult, would be a felony;

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

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

19  misdemeanors;

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

21  985.227, indicted pursuant to s. 985.225, or waived pursuant

22  to s. 985.226;

23         (d)  Taken into custody by a law enforcement officer

24  for a violation of law subject to the provisions of s.

25  985.227(2)(b) or (d); or

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

27  the juvenile system pursuant to s. 985.233

28  

29  shall not be considered confidential and exempt from the

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

31  

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    38-997-04                                               See HB




 1         (3)(6)  A law enforcement agency may release a copy

 2  This part does not prohibit the release of the juvenile

 3  offense report by a law enforcement agency to the victim of

 4  the offense. However, information gained by the victim

 5  pursuant to this chapter, including the next of kin of a

 6  homicide victim, regarding any case handled in juvenile court,

 7  must not be revealed to any outside party, except as is

 8  reasonably necessary in pursuit of legal remedies.

 9         (4)(7)(a)  Notwithstanding any other provision of this

10  section, when a child of any age is taken into custody by a

11  law enforcement officer for an offense that would have been a

12  felony if committed by an adult, or a crime of violence, the

13  law enforcement agency must notify the superintendent of

14  schools that the child is alleged to have committed the

15  delinquent act.

16         (b)  Notwithstanding paragraph (a) or any other

17  provision of this section, when a child of any age is formally

18  charged by a state attorney with a felony or a delinquent act

19  that would be a felony if committed by an adult, the state

20  attorney shall notify the superintendent of the child's school

21  that the child has been charged with such felony or delinquent

22  act. The information obtained by the superintendent of schools

23  pursuant to this section must be released within 48 hours

24  after receipt to appropriate school personnel, including the

25  principal of the school of the child. The principal must

26  immediately notify the child's immediate classroom teachers.

27  Upon notification, the principal is authorized to begin

28  disciplinary actions pursuant to s. 1006.09(1)-(4).

29         (c)  The department shall disclose to the school

30  superintendent the presence of any child in the care and

31  custody or under the jurisdiction or supervision of the

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  department who has a known history of criminal sexual behavior

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

 3  defined in s. 39.01; or has pled guilty or nolo contendere to,

 4  or has been found to have committed, a violation of chapter

 5  794, chapter 796, chapter 800, s. 827.071, or s. 847.0133,

 6  regardless of adjudication. Any employee of a district school

 7  board who knowingly and willfully discloses such information

 8  to an unauthorized person commits a misdemeanor of the second

 9  degree, punishable as provided in s. 775.082 or s. 775.083.

10         (8)  Criminal history information made available to

11  governmental agencies by the Department of Law Enforcement or

12  other criminal justice agencies shall not be used for any

13  purpose other than that specified in the provision authorizing

14  the releases.

15         Section 13.  Section 985.05, Florida Statutes is

16  amended and redesignated as section 985.2105, Florida

17  Statutes, which is created to read:

18         985.2105 985.05  Court records.--

19         (1)  The clerk of the court shall make and keep records

20  of all cases brought before it pursuant to this chapter part.

21  The court shall preserve the records pertaining to a child

22  charged with committing a delinquent act or violation of law

23  until the child reaches 24 years of age or reaches 26 years of

24  age if he or she is a serious or habitual delinquent child,

25  until 5 years after the last entry was made, or until 3 years

26  after the death of the child, whichever is earlier, and may

27  then destroy them, except that records made of traffic

28  offenses in which there is no allegation of delinquency may be

29  destroyed as soon as this can be reasonably accomplished. The

30  court shall make official records of all petitions and orders

31  filed in a case arising pursuant to this chapter part and of

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  any other pleadings, certificates, proofs of publication,

 2  summonses, warrants, and writs that are filed pursuant to the

 3  case.

 4         (2)  The clerk shall keep all official records required

 5  by this section separate from other records of the circuit

 6  court, except those records pertaining to motor vehicle

 7  violations, which shall be forwarded to the Department of

 8  Highway Safety and Motor Vehicles. Except as provided in ss.

 9  943.053 and 985.2104(7) 985.04(4), official records required

10  by this chapter part are not open to inspection by the public,

11  but may be inspected only upon order of the court by persons

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

13  that a child and the parents, guardians, or legal custodians

14  of the child and their attorneys, law enforcement agencies,

15  the Department of Juvenile Justice and its designees, the

16  Parole Commission, and the Department of Corrections shall

17  always have the right to inspect and copy any official record

18  pertaining to the child. The court may permit authorized

19  representatives of recognized organizations compiling

20  statistics for proper purposes to inspect, and make abstracts

21  from, official records under whatever conditions upon the use

22  and disposition of such records the court may deem proper and

23  may punish by contempt proceedings any violation of those

24  conditions.

25         (3)  All orders of the court entered pursuant to this

26  chapter part must be in writing and signed by the judge,

27  except that the clerk or deputy clerk may sign a summons or

28  notice to appear.

29         (4)  A court record of proceedings under this chapter

30  part is not admissible in evidence in any other civil or

31  criminal proceeding, except that:

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (a)  Orders transferring a child for trial as an adult

 2  are admissible in evidence in the court in which he or she is

 3  tried, but create no presumption as to the guilt of the child;

 4  nor may such orders be read to, or commented upon in the

 5  presence of, the jury in any trial.

 6         (b)  Orders binding an adult over for trial on a

 7  criminal charge, made by the judge as a committing magistrate,

 8  are admissible in evidence in the court to which the adult is

 9  bound over.

10         (c)  Records of proceedings under this chapter part

11  forming a part of the record on appeal must be used in the

12  appellate court in the manner provided in s. 985.234.

13         (d)  Records are admissible in evidence in any case in

14  which a person is being tried upon a charge of having

15  committed perjury, to the extent such records are necessary to

16  prove the charge.

17         (e)  Records of proceedings under this chapter part may

18  be used to prove disqualification pursuant to ss. 110.1127,

19  393.0655, 394.457, 397.451, 402.305, 402.313, 409.175,

20  409.176, and 985.407.

21         Section 14.  Sections 985.06 and 985.08, Florida

22  Statutes, are redesignated, respectively, as sections 985.2106

23  and 985.2108, Florida Statutes.

24         Section 15.  Section 985.207, Florida Statutes, is

25  amended and redesignated as section 985.3207, Florida

26  Statutes, and present subsection (3) of section 985.215,

27  Florida Statutes, is redesignated as subsection (2) of section

28  985.3207, Florida Statutes, which is created to read:

29         985.3207 985.207  Taking a child into custody.--

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

31  following circumstances:

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    38-997-04                                               See HB




 1         (a)  Pursuant to an order of the circuit court issued

 2  under this chapter part, based upon sworn testimony, either

 3  before or after a petition is filed.

 4         (b)  For a delinquent act or violation of law, pursuant

 5  to Florida law pertaining to a lawful arrest. If such

 6  delinquent act or violation of law would be a felony if

 7  committed by an adult or involves a crime of violence, the

 8  arresting authority shall immediately notify the district

 9  school superintendent, or the superintendent's designee, of

10  the school district with educational jurisdiction of the

11  child. Such notification shall include other education

12  providers such as the Florida School for the Deaf and the

13  Blind, university developmental research schools, and private

14  elementary and secondary schools. The information obtained by

15  the superintendent of schools pursuant to this section must be

16  released within 48 hours after receipt to appropriate school

17  personnel, including the principal of the child's school, or

18  as otherwise provided by law. The principal must immediately

19  notify the child's immediate classroom teachers. Information

20  provided by an arresting authority pursuant to this paragraph

21  may not be placed in the student's permanent record and shall

22  be removed from all school records no later than 9 months

23  after the date of the arrest.

24         (c)  By a law enforcement officer for failing to appear

25  at a court hearing after being properly noticed.

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

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

28  conditions of the child's probation, home detention,

29  postcommitment probation, or conditional release supervision

30  or has escaped from commitment.

31  

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    38-997-04                                               See HB




 1  Nothing in this subsection shall be construed to allow the

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

 3  in s. 985.215.

 4         (2)(3)  Except in emergency situations, a child may not

 5  be placed into or transported in any police car or similar

 6  vehicle that at the same time contains an adult under arrest,

 7  unless the adult is alleged or believed to be involved in the

 8  same offense or transaction as the child.

 9         (3)  When a child is taken into custody as provided in

10  this section, the person taking the child into custody shall

11  attempt to notify the parent, guardian, or legal custodian of

12  the child. The person taking the child into custody shall

13  continue such attempt until the parent, guardian, or legal

14  custodian of the child is notified or the child is delivered

15  to a juvenile probation officer pursuant to s. 985.21,

16  whichever occurs first. If the child is delivered to a

17  juvenile probation officer before the parent, guardian, or

18  legal custodian is notified, the juvenile probation officer

19  shall continue the attempt to notify until the parent,

20  guardian, or legal custodian of the child is notified.

21  Following notification, the parent or guardian must provide

22  identifying information, including name, address, date of

23  birth, social security number, and driver's license number or

24  identification card number of the parent or guardian to the

25  person taking the child into custody or the juvenile probation

26  officer.

27         (4)(3)  Taking a child into custody is not an arrest

28  except for the purpose of determining whether the taking into

29  custody or the obtaining of any evidence in conjunction

30  therewith is lawful.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         Section 16.  Section 985.2075, Florida Statutes, is

 2  redesignated as section 985.32075.

 3         Section 17.  Paragraph (b) of subsection (1) of section

 4  985.212, Florida Statutes, is amended and said section is

 5  redesignated as section 985.3212, Florida Statutes, which is

 6  created to read:

 7         985.3212 985.212  Fingerprinting and photographing.--

 8         (1)

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

10  committed one of the following offenses shall be

11  fingerprinted, and the fingerprints shall be submitted to the

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

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

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

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

16  790.01(1).

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

18  defined in s. 790.1615(1).

19         5.  Negligent treatment of children, as defined in

20  former s. 827.05.

21         6.  Assault on a law enforcement officer, a

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

23  784.07(2)(a).

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

25  790.053.

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

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

28  790.22(5).

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

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

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




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

 2  as defined in s. 806.031(1).

 3         13.  Unlawful possession or discharge of a weapon or

 4  firearm at a school-sponsored event or on school property as

 5  defined in s. 790.115.

 6  

 7  A law enforcement agency may fingerprint and photograph a

 8  child taken into custody upon probable cause that such child

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

10  appropriate. Such fingerprint records and photographs shall be

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

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

13  Confidential." These records are not available for public

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

15  provided in ss. 943.053 and 985.204(2)985.04(5), but shall be

16  available to other law enforcement agencies, criminal justice

17  agencies, state attorneys, the courts, the child, the parents

18  or legal custodians of the child, their attorneys, and any

19  other person authorized by the court to have access to such

20  records. In addition, such records may be submitted to the

21  Department of Law Enforcement for inclusion in the state

22  criminal history records and used by criminal justice agencies

23  for criminal justice purposes. These records may, in the

24  discretion of the court, be open to inspection by anyone upon

25  a showing of cause. The fingerprint and photograph records

26  shall be produced in the court whenever directed by the court.

27  Any photograph taken pursuant to this section may be shown by

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

29  for the purpose of identifying the person who committed such

30  crime.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         Section 18.  Present subsections (1) and (7) of section

 2  985.211, Florida Statutes, are redesignated, respectively, as

 3  subsections (1) and (4) of section 985.32211, Florida

 4  Statutes, and present subsections (2) and (5) of section

 5  985.211, Florida Statutes, are amended and redesignated,

 6  respectively, as subsections (2) and (3) of section 985.32211,

 7  Florida Statutes, which is created to read:

 8         985.32211 985.211  Release or delivery from custody.--

 9         (1)  A child taken into custody shall be released from

10  custody as soon as is reasonably possible.

11         (2)  Unless otherwise ordered by the court pursuant to

12  s. 985.215, and unless there is a need to hold the child, a

13  person taking a child into custody shall attempt to release

14  the child as follows:

15         (a)  To the child's parent, guardian, or legal

16  custodian or, if the child's parent, guardian, or legal

17  custodian is unavailable, unwilling, or unable to provide

18  supervision for the child, to any responsible adult. Prior to

19  releasing the child to a responsible adult, other than the

20  parent, guardian, or legal custodian, the person taking the

21  child into custody may conduct a criminal history background

22  check of the person to whom the child is to be released. If

23  the person has a prior felony conviction, or a conviction for

24  child abuse, drug trafficking, or prostitution, that person is

25  not a responsible adult for the purposes of this section. The

26  person to whom the child is released shall agree to inform the

27  department or the person releasing the child of the child's

28  subsequent change of address and to produce the child in court

29  at such time as the court may direct, and the child shall join

30  in the agreement.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (b)  Contingent upon specific appropriation, to a

 2  shelter approved by the department or to an authorized agent

 3  pursuant to s. 39.401(2)(b).

 4         (c)  If the child is believed to be suffering from a

 5  serious physical condition which requires either prompt

 6  diagnosis or prompt treatment, to a law enforcement officer

 7  who shall deliver the child to a hospital for necessary

 8  evaluation and treatment.

 9         (d)  If the child is believed to be mentally ill as

10  defined in s. 394.463(1), to a law enforcement officer who

11  shall take the child to a designated public receiving facility

12  as defined in s. 394.455 for examination pursuant to the

13  provisions of s. 394.463.

14         (e)  If the child appears to be intoxicated and has

15  threatened, attempted, or inflicted physical harm on himself

16  or herself or another, or is incapacitated by substance abuse,

17  to a law enforcement officer who shall deliver the child to a

18  hospital, addictions receiving facility, or treatment

19  resource.

20         (f)  If available, to a juvenile assessment center

21  equipped and staffed to assume custody of the child for the

22  purpose of assessing the needs of the child in custody. The

23  center may then release or deliver the child pursuant to this

24  section with a copy of the assessment.

25         (3)(5)  Upon taking a child into custody, a law

26  enforcement officer may deliver the child, for temporary

27  custody not to exceed 6 hours, to a secure booking area of a

28  jail or other facility intended or used for the detention of

29  adults, for the purpose of fingerprinting or photographing the

30  child or awaiting appropriate transport to the department or

31  as provided in s. 985.3307(2) subsection (4), provided no

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  regular sight and sound contact between the child and adult

 2  inmates or trustees is permitted and the receiving facility

 3  has adequate staff to supervise and monitor the child's

 4  activities at all times.

 5         (4)(7)  Nothing in this section shall prohibit the

 6  proper use of law enforcement diversion programs. Law

 7  enforcement agencies may initiate and conduct diversion

 8  programs designed to divert a child from the need for

 9  department custody or judicial handling. Such programs may be

10  cooperative projects with local community service agencies.

11         Section 19.  Subsection (4) of section 985.301, Florida

12  Statutes, is amended and said section is redesignated as

13  section 985.3301, Florida Statutes, which is created to read:

14         985.3301 985.301  Civil citation.--

15         (4)  If the juvenile fails to report timely for a work

16  assignment, complete a work assignment, or comply with

17  assigned intervention services within the prescribed time, or

18  if the juvenile commits a third or subsequent misdemeanor, the

19  law enforcement officer shall issue a report alleging the

20  child has committed a delinquent act, at which point a

21  juvenile probation officer shall perform a preliminary

22  determination as provided under s. 985.21(4).

23         Section 20.  Section 985.3065, Florida Statutes, is

24  redesignated as section 985.33065, Florida Statutes.

25         Section 21.  Section 985.3307, Florida Statutes, is

26  created, present subsections (3) and (6) of section 985.211,

27  Florida Statutes, are redesignated, respectively, as

28  subsections (1) and (3) of section 985.3307, and present

29  subsection (4) of section 985.211, Florida Statutes, is

30  amended and redesignated as subsection (2) of section

31  985.3307, Florida Statutes, to read:

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         985.3307  Probable cause affidavits.--

 2         (1)(3)  If the child is released, the person taking the

 3  child into custody shall make a written report or probable

 4  cause affidavit to the appropriate juvenile probation officer

 5  within 24 hours after such release, stating the facts and the

 6  reason for taking the child into custody. Such written report

 7  or probable cause affidavit shall:

 8         (a)  Identify the child, the parents, guardian, or

 9  legal custodian, and the person to whom the child was

10  released.

11         (b)  Contain sufficient information to establish the

12  jurisdiction of the court and to make a prima facie showing

13  that the child has committed a violation of law or a

14  delinquent act.

15         (2)(4)  A person taking a child into custody who

16  determines, pursuant to s. 985.215, that the child should be

17  detained or released to a shelter designated by the

18  department, shall make a reasonable effort to immediately

19  notify the parent, guardian, or legal custodian of the child

20  and shall, without unreasonable delay, deliver the child to

21  the appropriate juvenile probation officer or, if the court

22  has so ordered pursuant to s. 985.215, to a detention center

23  or facility. Upon delivery of the child, the person taking the

24  child into custody shall make a written report or probable

25  cause affidavit to the appropriate juvenile probation officer.

26  Such written report or probable cause affidavit must:

27         (a)  Identify the child and, if known, the parents,

28  guardian, or legal custodian.

29         (b)  Establish that the child was legally taken into

30  custody, with sufficient information to establish the

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  jurisdiction of the court and to make a prima facie showing

 2  that the child has committed a violation of law.

 3         (3)(6)(a)  A copy of the probable cause affidavit or

 4  written report made by the person taking the child into

 5  custody shall be filed, by the law enforcement agency which

 6  employs the person making such affidavit or written report,

 7  with the clerk of the circuit court for the county in which

 8  the child is taken into custody or in which the affidavit or

 9  report is made within 24 hours after the affidavit or report

10  is made, excluding Saturdays, Sundays, and legal holidays.

11  Such affidavit or report is a case for the purpose of

12  assigning a uniform case number pursuant to this subsection.

13         (b)  Upon the filing of a copy of a probable cause

14  affidavit or written report by a law enforcement agency with

15  the clerk of the circuit court, the clerk shall immediately

16  assign a uniform case number to the affidavit or report,

17  forward a copy to the state attorney, and forward a copy to

18  the intake office of the department which serves the county in

19  which the case arose.

20         (c)  Each letter of recommendation, written notice,

21  report, or other paper required by law pertaining to the case

22  shall bear the uniform case number of the case, and a copy

23  shall be filed with the clerk of the circuit court by the

24  issuing agency. The issuing agency shall furnish copies to the

25  juvenile probation officer and the state attorney.

26         (d)  Upon the filing of a petition based on the

27  allegations of a previously filed probable cause affidavit or

28  written report, the agency filing the petition shall include

29  the appropriate uniform case number on the petition.

30         Section 22.  Section 985.209, Florida Statutes, is

31  redesignated as section 985.33209, Florida Statutes.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         Section 23.  Paragraph (a) of subsection (1) of section

 2  985.21, Florida Statutes, is amended and redesignated as

 3  subsection (1) of section 985.3321, Florida Statutes, and

 4  paragraph (b) of subsection (1) and subsection (2) of section

 5  985.21, Florida Statutes, are redesignated, respectively, as

 6  subsections (3) and (2) of section 985.3321, Florida Statutes,

 7  which is created to read:

 8         985.3321 985.21  Intake and case management system.--

 9         (1)(a)  During the intake process, the juvenile

10  probation officer shall screen each child or shall cause each

11  child to be screened in order to determine:

12         1.  Appropriateness for release, referral to a

13  diversionary program including, but not limited to, a

14  teen-court program, referral for community arbitration, or

15  referral to some other program or agency for the purpose of

16  nonofficial or nonjudicial handling.

17         2.  The presence of medical, psychiatric,

18  psychological, substance abuse, educational, or vocational

19  problems, or other conditions that may have caused the child

20  to come to the attention of law enforcement or the Department

21  of Juvenile Justice. The child shall also be screened to

22  determine whether the child poses a danger to himself or

23  herself or others in the community. The results of this

24  screening shall be made available to the court and to court

25  officers. In cases where such conditions are identified, and a

26  nonjudicial handling of the case is chosen, the juvenile

27  probation officer shall attempt to refer the child to a

28  program or agency, together with all available and relevant

29  assessment information concerning the child's precipitating

30  condition.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         3.  The Department of Juvenile Justice shall develop an

 2  intake and a case management system whereby a child brought

 3  into intake is assigned a juvenile probation officer if the

 4  child was not released, referred to a diversionary program,

 5  referred for community arbitration, or referred to some other

 6  program or agency for the purpose of nonofficial or

 7  nonjudicial handling, and shall make every reasonable effort

 8  to provide case management services for the child; provided,

 9  however, that case management for children committed to

10  residential programs may be transferred as provided in s.

11  985.316.

12         4.  In addition to duties specified in other sections

13  and through departmental rules, the assigned juvenile

14  probation officer shall be responsible for the following:

15         a.  Ensuring that a risk assessment instrument

16  establishing the child's eligibility for detention has been

17  accurately completed and that the appropriate recommendation

18  was made to the court.

19         b.  Inquiring as to whether the child understands his

20  or her rights to counsel and against self-incrimination.

21         c.  Performing the preliminary screening and making

22  referrals for comprehensive assessment regarding the child's

23  need for substance abuse treatment services, mental health

24  services, retardation services, literacy services, or other

25  educational or treatment services.

26         d.  Coordinating the multidisciplinary assessment when

27  required, which includes the classification and placement

28  process that determines the child's priority needs, risk

29  classification, and treatment plan. When sufficient evidence

30  exists to warrant a comprehensive assessment and the child

31  fails to voluntarily participate in the assessment efforts, it

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  is the responsibility of the juvenile probation officer to

 2  inform the court of the need for the assessment and the

 3  refusal of the child to participate in such assessment. This

 4  assessment, classification, and placement process shall

 5  develop into the predisposition report.

 6         e.  Making recommendations for services and

 7  facilitating the delivery of those services to the child,

 8  including any mental health services, educational services,

 9  family counseling services, family assistance services, and

10  substance abuse services. The juvenile probation officer shall

11  serve as the primary case manager for the purpose of managing,

12  coordinating, and monitoring the services provided to the

13  child. Each program administrator within the Department of

14  Children and Family Services shall cooperate with the primary

15  case manager in carrying out the duties and responsibilities

16  described in this section.

17  

18  The Department of Juvenile Justice shall annually advise the

19  Legislature and the Executive Office of the Governor of the

20  resources needed in order for the intake and case management

21  system to maintain a staff-to-client ratio that is consistent

22  with accepted standards and allows the necessary supervision

23  and services for each child. The intake process and case

24  management system shall provide a comprehensive approach to

25  assessing the child's needs, relative risks, and most

26  appropriate handling, and shall be based on an individualized

27  treatment plan.

28         (3)(b)  The intake and case management system shall

29  facilitate consistency in the recommended placement of each

30  child, and in the assessment, classification, and placement

31  process, with the following purposes:

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (a)1.  An individualized, multidisciplinary assessment

 2  process that identifies the priority needs of each individual

 3  child for rehabilitation and treatment and identifies any

 4  needs of the child's parents or guardians for services that

 5  would enhance their ability to provide adequate support,

 6  guidance, and supervision for the child. This process shall

 7  begin with the detention risk assessment instrument and

 8  decision, shall include the intake preliminary screening and

 9  comprehensive assessment for substance abuse treatment

10  services, mental health services, retardation services,

11  literacy services, and other educational and treatment

12  services as components, additional assessment of the child's

13  treatment needs, and classification regarding the child's

14  risks to the community and, for a serious or habitual

15  delinquent child, shall include the assessment for placement

16  in a serious or habitual delinquent children program pursuant

17  to s. 985.31. The completed multidisciplinary assessment

18  process shall result in the predisposition report.

19         (b)2.  A classification system that assigns a relative

20  risk to the child and the community based upon assessments

21  including the detention risk assessment results when available

22  to classify the child's risk as it relates to placement and

23  supervision alternatives.

24         (c)3.  An admissions process that facilitates for each

25  child the utilization of the treatment plan and setting most

26  appropriate to meet the child's programmatic needs and provide

27  the minimum program security needed to ensure public safety.

28         (2)  The intake process shall be performed by the

29  department through a case management system. The purpose of

30  the intake process is to assess the child's needs and risks

31  and to determine the most appropriate treatment plan and

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  setting for the child's programmatic needs and risks. The

 2  intake process shall result in choosing the most appropriate

 3  services through a balancing of the interests and needs of the

 4  child with those of the family and the public. The juvenile

 5  probation officer is responsible for making informed decisions

 6  and recommendations to other agencies, the state attorney, and

 7  the courts so that the child and family may receive the least

 8  intrusive service alternative throughout the judicial process.

 9  The department shall establish uniform procedures for the

10  juvenile probation officer to provide, prior to the filing of

11  a petition or as soon as possible thereafter and prior to a

12  disposition hearing, a preliminary screening of the child and

13  family for substance abuse and mental health services.

14         (4)  The Department of Juvenile Justice shall annually

15  advise the Legislature and the Executive Office of the

16  Governor of the resources needed in order for the intake and

17  case-management system to maintain a staff-to-client ratio

18  that is consistent with accepted standards and allows the

19  necessary supervision and services for each child. The intake

20  process and case-management system shall provide a

21  comprehensive approach to assessing the child's needs,

22  relative risks, and most appropriate handling, and shall be

23  based on an individualized treatment plan.

24         Section 24.  Section 985.33212, Florida Statutes, is

25  created, subsections (3) and (4) of section 985.21 are amended

26  and redesignated, respectively, as paragraphs (a) and (b) of

27  subsection (1) of section 985.33212, Florida Statutes, and

28  subsection (5) of section 985.21, Florida Statutes, is

29  redesignated as subsection (2) of section 985.33212, Florida

30  Statutes, to read:

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         985.33212  Responsibilities of the juvenile probation

 2  officer during intake; screenings and assessments.--

 3         (1)  The juvenile probation officer shall serve as the

 4  primary case manager for the purpose of managing,

 5  coordinating, and monitoring the services provided to the

 6  child. Each program administrator within the Department of

 7  Children and Family Services shall cooperate with the primary

 8  case manager in carrying out the duties and responsibilities

 9  described in this section. In addition to duties specified in

10  other sections and through departmental rules, the assigned

11  juvenile probation officer shall be responsible for the

12  following:

13         (a)(3)  Reviewing the probable cause affidavit. The

14  juvenile probation officer shall make a preliminary

15  determination as to whether the report, affidavit, or

16  complaint is complete, consulting with the state attorney as

17  may be necessary. A report, affidavit, or complaint alleging

18  that a child has committed a delinquent act or violation of

19  law shall be made to the intake office operating in the county

20  in which the child is found or in which the delinquent act or

21  violation of law occurred. Any person or agency having

22  knowledge of the facts may make such a written report,

23  affidavit, or complaint and shall furnish to the intake office

24  facts sufficient to establish the jurisdiction of the court

25  and to support a finding by the court that the child has

26  committed a delinquent act or violation of law.

27         (b)(4)  Providing notification concerning any apparent

28  insufficiencies in the probable cause affidavit. The juvenile

29  probation officer shall make a preliminary determination as to

30  whether the report, affidavit, or complaint is complete,

31  consulting with the state attorney as may be necessary. In any

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  case where the juvenile probation officer or the state

 2  attorney finds that the report, affidavit, or complaint is

 3  insufficient by the standards for a probable cause affidavit,

 4  the juvenile probation officer or state attorney shall return

 5  the report, affidavit, or complaint, without delay, to the

 6  person or agency originating the report, affidavit, or

 7  complaint or having knowledge of the facts or to the

 8  appropriate law enforcement agency having investigative

 9  jurisdiction of the offense, and shall request, and the person

10  or agency shall promptly furnish, additional information in

11  order to comply with the standards for a probable cause

12  affidavit.

13         (a)  The juvenile probation officer, upon determining

14  that the report, affidavit, or complaint is complete, pursuant

15  to uniform procedures established by the department, shall:

16         1.  When indicated by the preliminary screening,

17  provide for a comprehensive assessment of the child and family

18  for substance abuse problems, using community-based licensed

19  programs with clinical expertise and experience in the

20  assessment of substance abuse problems.

21         2.  When indicated by the preliminary screening,

22  provide for a comprehensive assessment of the child and family

23  for mental health problems, using community-based

24  psychologists, psychiatrists, or other licensed mental health

25  professionals with clinical expertise and experience in the

26  assessment of mental health problems.

27  

28  When indicated by the comprehensive assessment, the department

29  is authorized to contract within appropriated funds for

30  services with a local nonprofit community mental health or

31  substance abuse agency licensed or authorized under chapter

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    38-997-04                                               See HB




 1  394, or chapter 397, or other authorized nonprofit social

 2  service agency providing related services. The determination

 3  of mental health or substance abuse services shall be

 4  conducted in coordination with existing programs providing

 5  mental health or substance abuse services in conjunction with

 6  the intake office. Client information resulting from the

 7  screening and evaluation shall be documented pursuant to rules

 8  established by the department and shall serve to assist the

 9  juvenile probation officer in providing the most appropriate

10  services and recommendations in the least intrusive manner.

11  Such client information shall be used in the multidisciplinary

12  assessment and classification of the child, but such

13  information, and any information obtained directly or

14  indirectly through the assessment process, is inadmissible in

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

16  written consent is obtained. At the disposition hearing,

17  documented client information shall serve to assist the court

18  in making the most appropriate custody, adjudicatory, and

19  dispositional decision. If the screening and assessment

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

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

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

23  diagnostic and evaluation services, substance abuse treatment

24  services, mental health services, retardation services, a

25  diversionary or arbitration or mediation program, community

26  service work, or other programs or treatment services

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

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

29  agency which investigated the offense shall be notified

30  immediately by the state attorney of the action taken under

31  this paragraph. Whenever a child volunteers to participate in

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




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

 2  specified state, county, municipal, or community service

 3  organization supervised work program or to work for the

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

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

 6  average weekly wage, unless otherwise determined by a specific

 7  funding program, all remuneration received from the employer

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

 9  benefits otherwise payable under s. 440.15, regardless of

10  whether the child may be receiving wages and remuneration from

11  other employment with another employer and regardless of the

12  child's future wage-earning capacity.

13         (b)  The juvenile probation officer, upon determining

14  that the report, affidavit, or complaint complies with the

15  standards of a probable cause affidavit and that the interest

16  of the child and the public will be best served, may recommend

17  that a delinquency petition not be filed. If such a

18  recommendation is made, the juvenile probation officer shall

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

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

21  enforcement agency having investigative jurisdiction of the

22  offense of the recommendation and the reasons therefor; and

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

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

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

26  upon receiving a request for special review, shall consider

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

28  and by the juvenile probation officer who made the

29  recommendation that no petition be filed, before making a

30  final decision as to whether a petition or information should

31  or should not be filed.

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (c)  Subject to the interagency agreement authorized

 2  under this paragraph, the juvenile probation officer for each

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

 4  of law or delinquent act and is not detained shall submit a

 5  written report to the state attorney, including the original

 6  report, complaint, or affidavit, or a copy thereof, including

 7  a copy of the child's prior juvenile record, within 20 days

 8  after the date the child is taken into custody. In cases in

 9  which the child is in detention, the intake office report must

10  be submitted within 24 hours after the child is placed into

11  detention. The intake office report may include a

12  recommendation that a petition or information be filed or that

13  no petition or information be filed, and may set forth reasons

14  for the recommendation. The State Attorney and the Department

15  of Juvenile Justice may, on a district-by-district basis,

16  enter into interagency agreements denoting the cases that will

17  require a recommendation and those for which a recommendation

18  is unnecessary.

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

20  independent of the action or lack of action of the juvenile

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

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

23  meets the criteria requiring prosecution as an adult pursuant

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

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

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

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

28         1.  File a petition for dependency;

29         2.  File a petition pursuant to chapter 984;

30         3.  File a petition for delinquency;

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




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

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

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

 4         6.  Refer the case to a grand jury;

 5         7.  Refer the child to a diversionary, pretrial

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

 7  other treatment or care program if such program commitment is

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

 9  legal guardians; or

10         8.  Decline to file.

11         (e)  In cases in which a delinquency report, affidavit,

12  or complaint is filed by a law enforcement agency and the

13  state attorney determines not to file a petition, the state

14  attorney shall advise the clerk of the circuit court in

15  writing that no petition will be filed thereon.

16         (c)  Screening the child. During the intake process,

17  the juvenile probation officer shall screen each child or

18  shall cause each child to be screened in order to determine:

19         1.  Appropriateness for release, referral to a

20  diversionary program including, but not limited to, a

21  teen-court program, referral for community arbitration, or

22  referral to some other program or agency for the purpose of

23  nonofficial or nonjudicial handling.

24         2.  The presence of medical, psychiatric,

25  psychological, substance abuse, educational, or vocational

26  problems, or other conditions that may have caused the child

27  to come to the attention of law enforcement or the Department

28  of Juvenile Justice. The child shall also be screened to

29  determine whether the child poses a danger to himself or

30  herself or others in the community. The results of this

31  screening shall be made available to the court and to court

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  officers. In cases where such conditions are identified, and a

 2  nonjudicial handling of the case is chosen, the juvenile

 3  probation officer shall attempt to refer the child to a

 4  program or agency, together with all available and relevant

 5  assessment information concerning the child's precipitating

 6  condition.

 7         (d)  Completing the risk assessment instrument

 8  concerning the child. The juvenile probation officer shall

 9  ensure that a risk assessment instrument establishing the

10  child's eligibility for detention has been accurately

11  completed and that the appropriate recommendation was made to

12  the court.

13         (e)  Inquiring as to whether the child understands his

14  or her rights to counsel and against self-incrimination.

15         (f)  Coordinating the multidisciplinary assessment

16  concerning the child. The juvenile probation officer shall

17  coordinate the multidisciplinary assessment when required,

18  which includes the classification and placement process that

19  determines the child's priority needs, risk classification,

20  and treatment plan. When sufficient evidence exists to warrant

21  a comprehensive assessment and the child fails to voluntarily

22  participate in the assessment efforts, it is the

23  responsibility of the juvenile probation officer to inform the

24  court of the need for the assessment and the refusal of the

25  child to participate in such assessment. This assessment,

26  classification, and placement process shall develop into the

27  predisposition report.

28         (g)  Coordinating the comprehensive assessment

29  concerning the child. The juvenile probation officer, pursuant

30  to uniform procedures established by the department and upon

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  determining that the report, affidavit, or complaint is

 2  complete, shall:

 3         1.  Make referrals for a comprehensive assessment

 4  regarding the child's need for substance abuse treatment

 5  services, mental health services, retardation services,

 6  literacy services, or other educational or treatment services.

 7         2.  Provide for a comprehensive assessment of the child

 8  and family for substance abuse problems, using community-based

 9  licensed programs with clinical expertise and experience in

10  the assessment of substance abuse problems.

11         3.  Provide for a comprehensive assessment of the child

12  and family for mental health problems, using community-based

13  psychologists, psychiatrists, or other licensed mental health

14  professionals with clinical expertise and experience in the

15  assessment of mental health problems.

16         (h)  Making appropriate referrals for services. The

17  juvenile probation officer shall make recommendations for

18  services and facilitating the delivery of those services to

19  the child, including any mental health services, educational

20  services, family counseling services, family assistance

21  services, and substance abuse services.

22         (i)  Making recommendations concerning the filing of a

23  petition. Upon determining that the report, affidavit, or

24  complaint complies with the standards of a probable cause

25  affidavit and that the interest of the child and the public

26  will be best served, may recommend that a delinquency petition

27  not be filed. If such a recommendation is made, the juvenile

28  probation officer shall advise in writing the person or agency

29  making the report, affidavit, or complaint, the victim, if

30  any, and the law enforcement agency having investigative

31  jurisdiction of the offense of the recommendation and the

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  reasons therefor; and that the person or agency may submit,

 2  within 10 days after the receipt of such notice, the report,

 3  affidavit, or complaint to the state attorney for special

 4  review. The state attorney, upon receiving a request for

 5  special review, shall consider the facts presented by the

 6  report, affidavit, or complaint, and by the juvenile probation

 7  officer who made the recommendation that no petition be filed,

 8  before making a final decision as to whether a petition or

 9  information should or should not be filed.

10         (j)  Completing the intake report. Subject to the

11  interagency agreement authorized under this paragraph, the

12  juvenile probation officer for each case in which a child is

13  alleged to have committed a violation of law or delinquent act

14  and is not detained shall submit a written report to the state

15  attorney, including the original report, complaint, or

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

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

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

19  detention, the intake office report must be submitted within

20  24 hours after the child is placed into detention. The intake

21  office report may include a recommendation that a petition or

22  information be filed or that no petition or information be

23  filed, and may set forth reasons for the recommendation. The

24  State Attorney and the Department of Juvenile Justice may, on

25  a district-by-district basis, enter into interagency

26  agreements denoting the cases that will require a

27  recommendation and those for which a recommendation is

28  unnecessary.

29         (2)(5)  Prior to requesting that a delinquency petition

30  be filed or prior to filing a dependency petition, the

31  juvenile probation officer may request the parent or legal

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  guardian of the child to attend a course of instruction in

 2  parenting skills, training in conflict resolution, and the

 3  practice of nonviolence; to accept counseling; or to receive

 4  other assistance from any agency in the community which

 5  notifies the clerk of the court of the availability of its

 6  services. Where appropriate, the juvenile probation officer

 7  shall request both parents or guardians to receive such

 8  parental assistance. The juvenile probation officer may, in

 9  determining whether to request that a delinquency petition be

10  filed, take into consideration the willingness of the parent

11  or legal guardian to comply with such request. The parent or

12  guardian must provide the juvenile probation officer with

13  identifying information, including the parent's or guardian's

14  name, address, date of birth, social security number, and

15  driver's license number or identification card number in order

16  to comply with ss. 985.215(6), 985.231(1)(b), and

17  985.233(4)(d).

18         (3)  When indicated by the comprehensive assessment,

19  the department is authorized to contract within appropriated

20  funds for services with a local nonprofit community mental

21  health or substance abuse agency licensed or authorized under

22  chapter 394 or chapter 397, or other authorized nonprofit

23  social service agency providing related services. The

24  determination of mental health or substance abuse services

25  shall be conducted in coordination with existing programs

26  providing mental health or substance abuse services in

27  conjunction with the intake office.

28         (4)  Client information resulting from the screening

29  and evaluation shall be documented pursuant to rules

30  established by the department and shall serve to assist the

31  juvenile probation officer in providing the most appropriate

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  services and recommendations in the least intrusive manner.

 2  Such client information shall be used in the multidisciplinary

 3  assessment and classification of the child, but such

 4  information, and any information obtained directly or

 5  indirectly through the assessment process, is inadmissible in

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

 7  written consent is obtained. At the disposition hearing,

 8  documented client information shall serve to assist the court

 9  in making the most appropriate custody, adjudicatory, and

10  dispositional decision.

11         (5)  If the screening and assessment indicate that the

12  interest of the child and the public will be best served

13  thereby, the juvenile probation officer, with the approval of

14  the state attorney, may refer the child for care, diagnostic

15  and evaluation services, substance abuse treatment services,

16  mental health services, retardation services, a diversionary

17  or arbitration or mediation program, community service work,

18  or other programs or treatment services voluntarily accepted

19  by the child and the child's parents or legal guardians.

20  Whenever a child volunteers to participate in any work program

21  under this chapter or volunteers to work in a specified state,

22  county, municipal, or community service organization

23  supervised work program or to work for the victim, the child

24  shall be considered an employee of the state for the purposes

25  of liability. In determining the child's average weekly wage,

26  unless otherwise determined by a specific funding program, all

27  remuneration received from the employer is considered a

28  gratuity, and the child is not entitled to any benefits

29  otherwise payable under s. 440.15, regardless of whether the

30  child may be receiving wages and remuneration from other

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  employment with another employer and regardless of the child's

 2  future wage-earning capacity.

 3         (6)  The victim, if any, and the law enforcement agency

 4  that investigated the offense shall be notified immediately by

 5  the state attorney of the action taken under this paragraph.

 6         Section 25.  Section 985.33213, Florida Statutes, is

 7  created to read:

 8         985.33213  Filing decisions.--

 9         (1)  The state attorney may in all cases take action

10  independent of the action or lack of action of the juvenile

11  probation officer, and shall determine the action that is in

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

13  meets the criteria requiring prosecution as an adult pursuant

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

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

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

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

18         (a)  File a petition for dependency;

19         (b)  File a petition pursuant to chapter 984;

20         (c)  File a petition for delinquency;

21         (d)  File a petition for delinquency with a motion to

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

23         (e)  File an information pursuant to s. 985.227;

24         (f)  Refer the case to a grand jury;

25         (g)  Refer the child to a diversionary, pretrial

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

27  other treatment or care program if such program commitment is

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

29  legal guardians; or

30         (h)  Decline to file.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (2)  In cases in which a delinquency report, affidavit,

 2  or complaint is filed by a law enforcement agency and the

 3  state attorney determines not to file a petition, the state

 4  attorney shall advise the clerk of the circuit court in

 5  writing that no petition will be filed thereon.

 6         Section 26.  Section 985.303, Florida Statutes, is

 7  redesignated as section 985.33303, Florida Statutes.

 8         Section 27.  Subsection (3) of section 985.304, Florida

 9  Statutes, is amended and said section is redesignated as

10  section 985.33304, Florida Statutes, which is created to read:

11         985.33304 985.304  Community arbitration.--

12         (3)  COMMUNITY ARBITRATORS.--The chief judge of each

13  judicial circuit shall maintain a list of qualified persons

14  who have agreed to serve as community arbitrators for the

15  purpose of carrying out the provisions of this chapter part.

16  Community arbitrators shall meet the qualification and

17  training requirements adopted in rule by the Supreme Court.

18  Whenever possible, qualified volunteers shall be used as

19  community arbitrators.

20         (a)  Each community arbitrator or member of a community

21  arbitration panel shall be selected by the chief judge of the

22  circuit, the senior circuit court judge assigned to juvenile

23  cases in the circuit, and the state attorney. A community

24  arbitrator or, in the case of a panel, the chief arbitrator

25  shall have such powers as are necessary to conduct the

26  proceedings in a fair and expeditious manner.

27         (b)  A community arbitrator or member of a community

28  arbitration panel shall be trained or experienced in juvenile

29  causes and shall be:

30  

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         1.  Either a graduate of an accredited law school or of

 2  an accredited school with a degree in behavioral social work

 3  or trained in conflict resolution techniques; and

 4         2.  A person of the temperament necessary to deal

 5  properly with cases involving children and with the family

 6  crises likely to be presented to him or her.

 7         Section 28.  Subsections (1) through (4) and (5)

 8  through (8) of section 985.224, Florida Statutes, are

 9  redesignated, respectively, as subsections (2) through (5) and

10  (7) through (10) of section 985.4224, Florida Statutes, and

11  paragraph (e) of subsection (10) of section 985.215, Florida

12  Statutes, is redesignated as subsection (6) of section

13  985.4224, Florida Statutes, which is created to read:

14         985.4224 985.224  Medical, psychiatric, psychological,

15  substance abuse, and educational examination and treatment.--

16         (1)  Information gathered through the intake and

17  case-management system under s. 985.3321 may serve as the

18  basis for further evaluation under this part.

19         (2)(1)  After a detention petition or a petition for

20  delinquency has been filed, the court may order the child

21  named in the petition to be examined by a physician. The court

22  may also order the child to be evaluated by a psychiatrist or

23  a psychologist, by a district school board educational needs

24  assessment team, or, if a developmental disability is

25  suspected or alleged, by the developmental disabilities

26  diagnostic and evaluation team of the Department of Children

27  and Family Services. If it is necessary to place a child in a

28  residential facility for such evaluation, the criteria and

29  procedures established in chapter 393, chapter 394, or chapter

30  397, whichever is applicable, shall be used.

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1         (3)(2)  Whenever a child has been found to have

 2  committed a delinquent act, or before such finding with the

 3  consent of any parent or legal custodian of the child, the

 4  court may order the child to be treated by a physician. The

 5  court may also order the child to receive mental health,

 6  substance abuse, or retardation services from a psychiatrist,

 7  psychologist, or other appropriate service provider. If it is

 8  necessary to place the child in a residential facility for

 9  such services, the procedures and criteria established in

10  chapter 393, chapter 394, or chapter 397, whichever is

11  applicable, shall be used. After a child has been adjudicated

12  delinquent, if an educational needs assessment by the district

13  school board or the Department of Children and Family Services

14  has been previously conducted, the court shall order the

15  report of such needs assessment included in the child's court

16  record in lieu of a new assessment. For purposes of this

17  section, an educational needs assessment includes, but is not

18  limited to, reports of intelligence and achievement tests,

19  screening for learning disabilities and other handicaps, and

20  screening for the need for alternative education.

21         (4)(3)  When any child is detained pending a hearing,

22  the person in charge of the detention center or facility or

23  his or her designated representative may authorize a triage

24  examination as a preliminary screening device to determine if

25  the child is in need of medical care or isolation or provide

26  or cause to be provided such medical or surgical services as

27  may be deemed necessary by a physician.

28         (5)(4)  Whenever a child found to have committed a

29  delinquent act is placed by order of the court within the care

30  and custody or under the supervision of the Department of

31  Juvenile Justice and it appears to the court that there is no

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  parent, guardian, or person standing in loco parentis who is

 2  capable of authorizing or willing to authorize medical,

 3  surgical, dental, or other remedial care or treatment for the

 4  child, the court may, after due notice to the parent,

 5  guardian, or person standing in loco parentis, if any, order

 6  that a representative of the Department of Juvenile Justice

 7  may authorize such medical, surgical, dental, or other

 8  remedial care for the child by licensed practitioners as may

 9  from time to time appear necessary.

10         (6)(10)(e)  Upon specific appropriation, the department

11  may obtain comprehensive evaluations, including, but not

12  limited to, medical, academic, psychological, behavioral,

13  sociological, and vocational needs of a youth with multiple

14  arrests for all level criminal acts or a youth committed to a

15  minimum-risk or low-risk commitment program.

16         (7)(5)  A physician shall be immediately notified by

17  the person taking the child into custody or the person having

18  custody if there are indications of physical injury or

19  illness, or the child shall be taken to the nearest available

20  hospital for emergency care. A child may be provided mental

21  health, substance abuse, or retardation services, in emergency

22  situations, pursuant to chapter 393, chapter 394, or chapter

23  397, whichever is applicable. After a hearing, the court may

24  order the custodial parent or parents, guardian, or other

25  custodian, if found able to do so, to reimburse the county or

26  state for the expense involved in such emergency treatment or

27  care.

28         (8)(6)  Nothing in this section shall be deemed to

29  eliminate the right of the parents or the child to consent to

30  examination or treatment for the child, except that consent of

31  a parent shall not be required if the physician determines

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    38-997-04                                               See HB




 1  there is an injury or illness requiring immediate treatment

 2  and the child consents to such treatment or an ex parte court

 3  order is obtained authorizing treatment.

 4         (9)(7)  Nothing in this section shall be construed to

 5  authorize the permanent sterilization of any child unless such

 6  sterilization is the result of or incidental to medically

 7  necessary treatment to protect or preserve the life of the

 8  child.

 9         (10)(8)  Except as provided in this section, nothing in

10  this section shall be deemed to preclude a court from ordering

11  services or treatment to be provided to a child by a duly

12  accredited practitioner who relies solely on spiritual means

13  for healing in accordance with the tenets and practices of a

14  church or religious organization, when requested by the child.

15         Section 29.  Subsections (1) and (2) of section

16  985.229, Florida Statutes, are amended and redesignated,

17  respectively, as subsections (2) and (3) of section 985.4229,

18  Florida Statutes, which is created to read:

19         985.4229  Evaluations for disposition.--

20         (1)  Information gathered through the intake and

21  case-management system under s. 985.3321 may serve as the

22  basis for further evaluation under this part.

23         (2)(1)  Upon a finding that the child has committed a

24  delinquent act, the court may order a predisposition report

25  regarding the eligibility of the child for disposition other

26  than by adjudication and commitment to the department or for

27  disposition of adjudication, commitment to the department,

28  and, if appropriate, assignment of a residential commitment

29  level. The predisposition report shall be the result of the

30  multidisciplinary assessment when such assessment is needed,

31  and of the classification and placement process, and it shall

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  indicate and report the child's priority needs,

 2  recommendations as to a classification of risk for the child

 3  in the context of his or her program and supervision needs,

 4  and a plan for treatment that recommends the most appropriate

 5  placement setting to meet the child's needs with the minimum

 6  program security that reasonably ensures public safety. A

 7  predisposition report shall be ordered for any child for whom

 8  a residential commitment disposition is anticipated or

 9  recommended by an officer of the court or by the department. A

10  comprehensive evaluation for physical health, mental health,

11  substance abuse, academic, educational, or vocational problems

12  shall be ordered for any child for whom a residential

13  commitment disposition is anticipated or recommended by an

14  officer of the court or by the department. If a comprehensive

15  evaluation is ordered, the predisposition report shall include

16  a summary of the comprehensive evaluation. The predisposition

17  report shall be submitted to the court upon completion of the

18  report but no later than 48 hours prior to the disposition

19  hearing. The predisposition report shall not be reviewed by

20  the court without the consent of the child and his or her

21  legal counsel until the child has been found to have committed

22  a delinquent act.

23         (3)(2)  The court shall consider the child's entire

24  assessment and predisposition report and shall review the

25  records of earlier judicial proceedings Prior to making a

26  final disposition of the case. The court may, by order,

27  require additional evaluations and studies to be performed by

28  the department, by the county school system, or by any social,

29  psychological, or psychiatric agencies of the state. The court

30  shall order the educational needs assessment completed

31  

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    Florida Senate - 2004                                  SB 3106
    38-997-04                                               See HB




 1  pursuant to s. 985.224(2) to be included in the assessment and

 2  predisposition report.

 3         Section 30.  Sections 985.223 and 985.418, Florida

 4  Statutes, are redesignated as sections 985.44223 and

 5  985.44418, Florida Statutes, respectively.

 6         Section 31.  Except as otherwise provided herein, this

 7  act shall take effect upon becoming a law.

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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