_h1915_

HB 1915

A bill to be entitled

An act relating to juvenile justice; reorganizing ch. 985,

F.S.; providing new section numbers and part titles;

amending s. 985.01, F.S., relating to purposes and intent

for the chapter; amending s. 985.02, F.S., relating to the

legislative intent for the juvenile justice system;

revising a reference and cross references to conform;

amending s. 985.03, F.S., relating to definitions for the

chapter; amending, renumbering, and revising references

and cross references to conform; creating s. 985.0301,

F.S., relating to the jurisdiction of the juvenile court;

amending and renumbering s. 985.201, F.S.; amending and

renumbering a provision of s. 985.219, F.S., that relates

to such jurisdiction; amending and redesignating a

provision of s. 985.231, F.S., that relates to such

jurisdiction; amending and redesignating a provision of s.

985.31, F.S., that relates to such jurisdiction; amending

and redesignating a provision of s. 985.313, F.S., that

relates to such jurisdiction; revising references and

cross references to conform; creating s. 985.032, F.S.,

relating to legal representation for delinquency cases;

renumbering s. 985.202, F.S.; creating s. 985.033, F.S.,

relating to the right to counsel; amending and renumbering

s. 985.203, F.S.; revising references to conform; creating

s. 985.035, F.S., relating to open hearings; renumbering

s. 985.205, F.S.; creating s. 985.036, F.S., relating to

the rights of victims in juvenile proceedings; amending

and renumbering s. 985.206, F.S.; providing for the

release of certain information to victims; creating s.

985.037, F.S., relating to punishment for contempt of

court and alternative sanctions; amending and renumbering

s. 985.216, F.S.; revising provisions relating to contempt

of court; creating s. 985.039, F.S., relating to cost of

supervision and care; renumbering s. 985.2311, F.S.;

amending and renumbering s. 985.04, F.S.; clarifying a

provision relating to the release of certain information;

revising references and cross references to conform;

creating s. 985.045, F.S., relating to court records;

amending and renumbering s. 985.05, F.S.; revising

references and cross references to conform; creating s.

985.046, F.S., relating to the statewide information-

sharing system and interagency workgroup; renumbering s.

985.06, F.S.; creating s. 985.047, F.S., relating to

information systems; renumbering s. 985.08, F.S.; creating

s. 985.101, F.S., relating to taking a child into custody;

amending and renumbering s. 985.207, F.S.; creating s.

985.105, F.S., relating to intake and case management;

renumbering s. 985.2075, F.S.; renumbering a provision of

s. 985.215, F.S., relating to transporting a child who has

been taken into custody; revising a reference and cross

references to conform; creating s. 985.105, F.S., relating

to youth custody officers; renumbering s. 985.2075, F.S.;

creating s. 985.11, F.S., relating to fingerprinting and

photographing; amending and renumbering s. 985.212, F.S.;

revising a cross reference to conform; creating s.

985.115, F.S., relating to release or delivery from

custody; amending and renumbering provisions of s.

985.211, F.S., that relate to such release or delivery;

revising cross references to conform; creating s. 985.12,

F.S., relating to civil citations; amending and

renumbering s. 985.301, F.S.; revising a cross reference

to conform; creating s. 985.125, F.S., relating to

prearrest or postarrest diversion programs; renumbering s.

985.3065, F.S.; creating s. 985.13, F.S., relating to

probable cause affidavits; amending and renumbering

provisions of s. 985.211, F.S., that relate to probable

cause affidavits and certain requirements upon the taking

of a child into custody; revising cross references to

conform; creating s. 985.135, F.S., relating to juvenile

assessment centers; renumbering s. 985.209, F.S.; creating

s. 985.14, F.S., relating to the intake and case

management system; amending, renumbering, and

redesignating provisions of s. 985.21, F.S., that relate

to intake and case management; revising cross references

to conform; creating s. 985.145, F.S., relating to the

responsibilities of the juvenile probation officer during

intake and to screenings and assessments; amending and

redesignating provisions of s. 985.21, F.S., that relate

to such responsibilities, screenings, and assessments;

revising cross references to conform; creating s. 985.15,

F.S., relating to filing decisions in juvenile cases;

amending and redesignating provisions of s. 985.21, F.S.,

that relate to such decisions; revising cross references

to conform; creating s. 985.155, F.S., relating to

neighborhood restorative justice; renumbering s. 985.303,

F.S.; creating s. 985.16, F.S., relating to community

arbitration; amending and renumbering s. 985.304; F.S.;

revising a reference to conform; creating s. 985.18, F.S.,

relating to medical, psychiatric, psychological, substance

abuse, and educational examination and treatment;

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

s. 985.215, F.S., that relates to comprehensive

evaluations of certain youth; creating s. 985.185, F.S.,

relating to evaluations for dispositions; amending and

renumbering provisions of s. 985.229, F.S., that relate to

such evaluations; creating s. 985.19, F.S., relating to

incompetency in juvenile delinquency cases; renumbering s.

985.223, F.S.; creating s. 985.195, F.S., relating to

transfer to other treatment services; renumbering s.

100

985.418, F.S.; creating s. 985.24, F.S., relating to the

101

use of detention and to prohibitions on the use of

102

detention; renumbering provisions of s. 985.213, F.S.,

103

that relate to the use of detention; renumbering s.

104

985.214, F.S.; creating s. 985.245, F.S., relating to the

105

risk assessment instrument; amending and renumbering a

106

provision of s. 985.213, F.S., that relates to such

107

instrument; revising cross references to conform; creating

108

s. 985.25, F.S., relating to detention intake; amending,

109

renumbering, and redesignating provisions of s. 985.215,

110

F.S., that relate to detention intake; revising cross

111

references to conform; creating s. 985.255, F.S., relating

112

to detention criteria and detention hearings; amending and

113

renumbering a provision of s. 985.215, F.S., that relates

114

to such criteria and hearings; revising cross references

115

to conform; amending and redesignating a provision of s.

116

985.213, F.S., that relates to such criteria and hearings

117

in circumstances involving domestic violence; revising a

118

cross reference to conform; creating s. 985.26, F.S.,

119

relating to length of detention; amending, renumbering,

120

and redesignating provisions of s. 985.215, F.S., that

121

relate to length of detention; revising cross references

122

to conform; creating s. 985.265, F.S., relating to

123

detention transfer and release, education of juvenile

124

offenders while in detention or on detention status, and

125

holding of juvenile offenders in adult jails; amending and

126

renumbering provisions of s. 985.215, F.S., that relate to

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transfer, release, and holding juvenile offenders in adult

128

jails; renumbering a provision of s. 985.213, F.S., that

129

relates to education of juvenile offenders while in

130

detention or on detention status; revising references and

131

cross references to conform; creating s. 985.27, F.S.,

132

relating to postcommitment detention of juvenile offenders

133

while such offenders are awaiting residential placement;

134

amending and redesignating provisions of s. 985.215, F.S.,

135

that relate to such detention; limiting the use of such

136

detention; revising references to "detention" to clarify

137

that such term means "secure detention" in certain

138

circumstances; creating s. 985.275, F.S., relating to the

139

detention of an escapee; amending and renumbering s.

140

985.208, F.S.; revising a cross reference to conform;

141

creating s. 985.318, F.S., relating to petitions;

142

renumbering s. 985.218, F.S.; creating s. 985.319, F.S.,

143

relating to process and service; renumbering provisions of

144

s. 985.219, F.S., that relate to process and service;

145

creating s. 985.325, relating to prohibitions against

146

threatening or dismissing employees; amending and

147

renumbering s. 985.22, F.S.; revising cross references to

148

conform; creating s. 985.331, F.S., relating to court and

149

witness fees; renumbering s. 985.221, F.S.; creating s.

150

985.335, F.S., relating to answering a petition;

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renumbering s. 985.222, F.S.; creating s. 985.345, F.S.,

152

relating to delinquency pretrial intervention programs;

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renumbering s. 985.306, F.S.; creating s. 985.35, F.S.,

154

relating to adjudicatory hearings, withholding of

155

adjudication, and orders of adjudication; amending and

156

renumbering s. 985.228, F.S.; repealing a provision

157

prohibiting a person from possessing a firearm in certain

158

circumstances; revising a reference and cross references

159

to conform; creating s. 985.43, F.S., relating to

160

predisposition reports and other evaluations; amending and

161

renumbering provisions of s. 985.229, F.S., that relate to

162

such reports and evaluations; revising cross references to

163

conform; creating s. 985.433, F.S., relating to

164

disposition hearings in delinquency cases; amending and

165

renumbering s. 985.23, F.S.; clarifying who is considered

166

a party to a juvenile case; specifying who must be given

167

an opportunity to comment on the issue of disposition;

168

revising cross references to conform; amending a provision

169

of s. 985.231, F.S., relating to requirement of written

170

disposition orders; creating s. 985.435, F.S., relating to

171

probation, postcommitment probation, and community

172

service; amending and redesignating a provision of s.

173

985.231, F.S., relating to probation, postcommitment

174

probation, and community control; creating s. 985.437,

175

F.S., relating to restitution; amending and redesignating

176

provisions of s. 985.231, F.S., that relate to

177

restitution; revising a reference and cross reference to

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conform; creating s. 985.439, F.S., relating to violations

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of probation or postcommitment probation; amending and

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redesignating provisions of s. 985.231, F.S., that relate

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to such violations; revising cross references to conform;

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creating s. 985.441, F.S., relating to commitment;

183

amending and redesignating provisions of s. 985.231, F.S.,

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that relate to commitment; providing a requirement for

185

commitment of a child as a juvenile sexual offender;

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revising cross references to conform; renumbering a

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provision of s. 985.404, F.S., that relates to transfers

188

of the child to administer commitment; creating s.

189

985.442, F.S., relating to the form of commitment;

190

renumbering s. 985.232, F.S.; creating s. 985.445, F.S.,

191

relating to disposition of delinquency cases involving

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grand theft of a motor vehicle; amending and redesignating

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a provision of s. 985.231, F.S., that relates to

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disposition in such cases; creating s. 985.45, F.S.,

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relating to liability and remuneration for work; amending

196

and redesignating a provision of s. 985.231, F.S., that

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relates to liability and remuneration; creating s.

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985.455, F.S., relating to other dispositional issues;

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amending and redesignating provisions of s. 985.231, F.S.,

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that relate to determination of sanctions, rehabilitation

201

programs, and certain contact with the victim subsequent

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to disposition; redesignating provisions of s. 985.231,

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F.S., that specify the duration of commitment and

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suspension of disposition; revising a cross reference to

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conform; creating s. 985.46, F.S., relating to conditional

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release; amending and renumbering s. 985.316, F.S.;

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revising a cross reference to conform; creating s.

208

985.465, F.S., relating to juvenile correctional

209

facilities and juvenile prisons; amending and renumbering

210

s. 985.313, F.S.; creating s. 985.47, F.S., relating to

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serious and habitual juvenile offenders; amending and

212

renumbering a provision of s. 985.03, F.S., that relates

213

to such offenders; amending and renumbering s. 985.31,

214

F.S.; revising a reference and cross references to

215

conform; creating s. 985.475, F.S., relating to juvenile

216

sexual offenders; amending and renumbering a provision of

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s. 985.03, F.S., that relates to such offenders; revising

218

a cross reference to conform; amending and renumbering a

219

provision of s. 985.231, F.S., that relates to such

220

offenders; revising cross references to conform; creating

221

s. 985.48, F.S., relating to juvenile sexual offender

222

commitment programs and sexual abuse intervention

223

networks; renumbering s. 985.308, F.S.; creating s.

224

985.483, F.S., relating to intensive residential treatment

225

programs for juvenile offenders less than 13 years of age;

226

amending and renumbering a provision of s. 985.03, F.S.,

227

that relates to such offenders; amending and renumbering

228

s. 985.311, F.S.; revising cross references to conform;

229

creating s. 985.486, F.S, relating to the prerequisites

230

for commitment of juvenile offenders less than 13 years of

231

age to intensive residential treatment programs; amending

232

and renumbering s. 985.312, F.S.; revising cross

233

references to conform; creating s. 985.489, F.S., relating

234

to boot camp for children; amending and renumbering s.

235

985.309, F.S.; revising cross references to conform;

236

creating s. 985.494, F.S., relating to commitment programs

237

for juvenile felony offenders; amending and renumbering s.

238

985.314, F.S.; revising cross references to conform;

239

creating s. 985.511, F.S., relating to the child's right

240

to counsel and the cost of representation; amending and

241

renumbering a provision of s. 985.41, F.S., that relates

242

to such rights and costs; amending and renumbering a

243

provision of s. 985.2155, F.S., as amended by ch. 2003-

244

402, Laws of Florida, that relates to such rights and

245

costs; creating s. 985.512, F.S., relating to the powers

246

of the court with respect to certain children; renumbering

247

s. 985.204, F.S.; creating s. 985.513, F.S., relating to

248

the powers of the court over parents or guardians at

249

disposition of the child's case; amending and

250

redesignating provisions of s. 985.231, F.S., that relate

251

to such powers; revising cross references to conform;

252

creating s. 985.514, F.S., relating to the

253

responsibilities of the parents or guardians of a child

254

for certain fees related to the cost of care; amending and

255

redesignating a provision of s. 985.215, F.S., that

256

relates to such responsibilities; revising a cross

257

reference to conform; amending and redesignating a

258

provision of s. 985.231, F.S., that relates to such

259

responsibilities; revising a cross reference to conform;

260

amending and redesignating a provision of s. 985.233,

261

F.S., that relates to such responsibilities; revising a

262

cross reference to conform; creating s. 985.534, F.S.,

263

relating to appeals in juvenile cases; renumbering s.

264

985.234, F.S.; creating s. 985.535, F.S., relating to time

265

for taking appeal by the state; renumbering s. 985.235,

266

F.S.; creating s. 985.536, F.S., relating to orders or

267

decisions when the state appeals; renumbering s. 985.236,

268

F.S.; creating s. 985.556, F.S., relating to voluntary and

269

involuntary waivers of juvenile court jurisdiction and

270

hearings for such waivers; amending and renumbering s.

271

985.226, F.S.; revising cross references to conform;

272

creating s. 985.557, F.S., relating to discretionary and

273

mandatory criteria for the direct filing of an information

274

against a juvenile offender in the criminal division of

275

the circuit court; amending and renumbering s. 985.227,

276

F.S.; revising cross references to conform; creating s.

277

985.56, F.S., relating to indictment of juvenile

278

offenders; amending and renumbering s. 985.225, F.S.;

279

revising a reference and cross references to conform;

280

creating s. 985.565, F.S., relating to powers, procedures,

281

and alternatives available to the court when sentencing

282

juvenile offenders prosecuted as adults; amending,

283

renumbering, and redesignating provisions of s. 985.233,

284

F.S., that relate to such powers, procedures, and

285

alternatives; revising cross references to conform;

286

creating s. 985.57, F.S., relating to the transfer of

287

children from the Department of Corrections to the

288

Department of Juvenile Justice; renumbering s. 985.417;

289

creating s. 985.601, F.S., relating to administering the

290

juvenile justice continuum; renumbering provisions of s.

291

985.404, F.S., that relate to such administration;

292

creating s. 985.605, F.S., relating to requirements for

293

prevention service programs; amending and renumbering s.

294

985.3045, F.S.; revising cross references to conform;

295

creating s. 985.606, F.S., relating to requirements for

296

agencies and entities providing prevention services;

297

amending and renumbering s. 985.3046, F.S.; revising a

298

cross reference to conform; creating s. 985.61, F.S.,

299

relating to criteria for early delinquency intervention

300

programs; renumbering s. 985.305, F.S.; creating s.

301

985.614, F.S., relating to interagency cooperation for

302

children who are locked out of their homes; renumbering s.

303

985.2066, F.S.; creating s. 985.618, F.S., relating to

304

educational and career-related programs; amending and

305

renumbering s. 985.315, F.S.; revising a cross reference

306

to conform; creating s. 985.622, F.S., relating to a

307

multiagency plan for vocational education; renumbering s.

308

985.3155, F.S.; creating s. 985.625, F.S., relating to

309

literacy programs for juvenile offenders; amending and

310

renumbering s. 985.317, F.S.; revising a cross reference

311

to conform; creating s. 985.629, F.S., relating to

312

contracts for the transfer of Florida children in federal

313

custody; renumbering s. 985.419, F.S.; creating s.

314

985.632, F.S., relating to quality assurance and cost-

315

effectiveness; renumbering s. 985.412, F.S.; creating s.

316

985.636, F.S., relating to the Office of the Inspector

317

General within the Department of Juvenile Justice;

318

renumbering s. 985.42, F.S.; creating s. 985.64, F.S.,

319

relating to the authority of the Department of Juvenile

320

Justice to adopt rules; renumbering s. 985.405, F.S.;

321

creating s. 985.644, F.S., relating to the contracting

322

powers and the personnel standards and screening

323

requirements of the Department of Juvenile Justice;

324

renumbering a provision of s. 985.01, F.S., that relates

325

to such powers; renumbering s. 985.407, F.S.; creating s.

326

985.648, F.S., relating to consultants; renumbering s.

327

985.408, F.S.; creating s. 985.652, F.S., relating to

328

participation of certain juvenile programs in the State

329

Risk Management Trust Fund; renumbering s. 985.409, F.S.;

330

creating s. 985.66, F.S., relating to juvenile justice

331

training academies, the Juvenile Justice Standards and

332

Training Commission, and the Juvenile Justice Trust Fund;

333

amending and renumbering s. 985.406, F.S.; revising a

334

cross reference to conform; creating s. 985.664, F.S.,

335

relating to juvenile justice circuit boards and juvenile

336

justice county councils; amending and renumbering s.

337

985.4135, F.S.; revising a cross reference to conform;

338

creating s. 985.668, F.S., relating to innovation zones;

339

renumbering s. 985.416, F.S.; creating s. 985.672, F.S.,

340

relating to direct-support organizations; renumbering s.

341

985.4145, F.S.; creating s. 985.9475, F.S., relating to

342

community juvenile justice partnership grants; amending

343

and renumbering s. 985.415, F.S.; revising cross

344

references to conform; creating s. 985.68, F.S., relating

345

to the Task Force on Juvenile Sexual Offenders and their

346

Victims; renumbering s. 985.403, F.S.; creating s.

347

985.682, F.S., relating to studies and criteria for siting

348

juvenile facilities; amending and renumbering s. 985.41,

349

F.S.; creating s. 985.686, F.S., relating to shared county

350

and state responsibility for juvenile detention;

351

renumbering s. 985.2155, F.S.; creating s. 985.688, F.S.,

352

relating to administering county and municipal delinquency

353

programs and facilities; amending and renumbering s.

354

985.411, F.S.; revising a cross reference to conform;

355

creating s. 985.69, F.S., relating to one-time startup

356

funding for juvenile justice purposes; renumbering s.

357

985.4075, F.S.; creating s. 985.692, F.S., relating to the

358

Juvenile Welfare Trust Fund; renumbering s. 985.4041,

359

F.S.; creating s. 985.694, F.S., relating to the Juvenile

360

Care and Maintenance Trust Fund; renumbering s. 985.4042,

361

F.S.; creating s. 985.701, F.S., relating to prohibiting

362

sexual misconduct, reporting requirements, and penalties;

363

renumbering s. 985.4045, F.S.; creating s. 985.711, F.S.,

364

relating to penalties for the introduction, removal, or

365

possession of certain articles; renumbering s. 985.4046,

366

F.S.; creating s. 985.721, F.S., relating to escapes from

367

secure detention or residential commitment facilities;

368

amending and renumbering s. 985.3141, F.S.; revising a

369

cross reference to conform; creating s. 985.731, F.S.,

370

relating to sheltering or aiding unmarried minors;

371

renumbering s. 985.2065, F.S.; creating s. 985.801, F.S.,

372

relating to legislative findings, policy, and

373

implementation of the Interstate Compact on Juveniles;

374

renumbering s. 985.501, F.S.; creating s. 985.802, F.S.,

375

relating to execution of the interstate compact;

376

renumbering s. 985.502, F.S.; creating s. 985.803, F.S.,

377

relating to the administrator of the juvenile compact;

378

renumbering s. 985.503, F.S.; creating s. 985.804, F.S.,

379

relating to supplementary agreements to the compact;

380

renumbering s. 985.504, F.S.; creating s. 985.805, F.S.,

381

relating to financial arrangements related to the compact;

382

renumbering s. 985.505, F.S.; creating s. 985.806, F.S.,

383

relating to the responsibilities of state departments,

384

agencies, and officers; renumbering s. 985.506, F.S.;

385

creating s. 985.807, F.S., relating to procedures in

386

addition to those provided under the compact; renumbering

387

s. 985.507, F.S.; repealing ss. 985.215(6), 985.231(1)(b),

388

(c), (f), and (i), and (2) and 985.233(4)(d), F.S.;

389

amending ss. 29.004, 29.008, 253.025, 318.21, 397.334,

390

400.953, 419.001, 435.04, 784.075, 790.115, 790.22,

391

921.0022, 938.10, 943.053, 943.0582, 943.0585, 943.059,

392

948.51, 958.046, 960.001, 984.03, 984.05, 984.09, 984.226,

393

1003.52, 1006.08, 1006.13, and 1012.797, F.S.; conforming

394

cross references; providing an effective date.

395

396

WHEREAS, the Legislature recognizes that chapter 985,

397

Florida Statutes, entitled "DELINQUENCY; INTERSTATE COMPACT ON

398

JUVENILES," which sets forth the policies and procedures

399

applicable to Florida's juvenile justice system, has become

400

disjointed and unorganized due to numerous amendments since its

401

original enactment and that, as a result, it is difficult for

402

judges, attorneys, affected parties, and the public to use the

403

chapter in practice, and

404

WHEREAS, the Legislature recognizes that chapter 985,

405

Florida Statutes, would be better organized and easier to use if

406

it provided a chronological presentation of delinquency

407

proceedings from the introduction of the child into the juvenile

408

justice system to the child's case outcome and if each section

409

of the chapter was topically organized to contain all related

410

policies and procedures, and

411

WHEREAS, the Legislature intends for the following

412

legislation to strictly effect a technical reorganization of

413

chapter 985, Florida Statutes, without any substantive change to

414

its contents, for the purpose of simplifying the chapter's

415

presentation and providing greater clarity for its users, NOW,

416

THEREFORE,

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

419

420

Section 1. The provisions of chapter 985, Florida

421

Statutes, are substantially reorganized and renumbered or

422

redesignated as follows:

423

(1) Chapter 985, Florida Statutes, is retitled "JUVENILE

424

JUSTICE; INTERSTATE COMPACT ON JUVENILES."

425

(2) Part I of chapter 985, Florida Statutes, consisting of

426

ss. 985.01, 985.02, 985.03, 985.0301, 985.032, 985.033, 985.035,

427

985.036, 985.037, and 985.039, Florida Statutes, is to be titled

428

"GENERAL PROVISIONS."

429

(3) Part II of chapter 985, Florida Statutes, consisting

430

of ss. 985.04, 985.045, 985.046, and 985.047, Florida Statutes,

431

is retitled "RECORDS AND INFORMATION."

432

(4) Part III of chapter 985, Florida Statutes, consisting

433

of ss. 985.101, 985.105, 985.11, 985.115, 985.12, 985.125,

434

985.13, 985.135, 985.14, 985.145, 985.15, 985.155, and 985.16,

435

Florida Statutes, is retitled "CUSTODY AND INTAKE; INTERVENTION

436

AND DIVERSION."

437

(5) Part IV of chapter 985, Florida Statutes, consisting

438

of ss. 985.18, 985.185, 985.19, and 985.195, Florida Statutes,

439

is retitled "EXAMINATIONS AND EVALUATIONS."

440

(6) Part V of chapter 985, Florida Statutes, consisting of

441

ss. 985.24, 985.245, 985.25, 985.255, 985.26, 985.265, 985.27,

442

and 985.275, Florida Statutes, is retitled "DETENTION."

443

(7) Part VI of chapter 985, Florida Statutes, consisting

444

of ss. 985.318, 985.319, 985.325, 985.331, 985.335, 985.345, and

445

985.35, Florida Statutes, is created and entitled "PETITION,

446

ARRAIGNMENT, AND ADJUDICATION."

447

(8) Part VII of chapter 985, Florida Statutes, consisting

448

of ss. 985.43, 985.433, 985.435, 985.437, 985.439, 985.441,

449

985.442, 985.445, 985.45, 985.455, 985.46, 985.465, 985.47,

450

985.475, 985.48, 985.483, 985.486, 985.489, and 985.494, Florida

451

Statutes, is created and entitled "DISPOSITION;

452

POSTDISPOSITION."

453

(9) Part VIII of chapter 985, Florida Statutes, consisting

454

of ss. 985.511, 985.512, 985.513, and 985.514, Florida Statutes,

455

is created and entitled "AUTHORITY OF THE COURT OVER PARENTS OR

456

GUARDIANS."

457

(10) Part IX of chapter 985, Florida Statutes, consisting

458

of ss. 985.534, 985.535, and 985.536, Florida Statutes, is

459

created and entitled "APPEAL."

460

(11) Part X of chapter 985, Florida Statutes, consisting

461

of ss. 985.556, 985.557, 985.56, 985.565, and 985.57, Florida

462

Statutes, is created and entitled "TRANSFER TO ADULT COURT."

463

(12) Part XI of chapter 985, Florida Statutes, consisting

464

of ss. 985.601, 985.605, 985.606, 985.61, 985.614, 985.618,

465

985.622, 985.625, 985.629, 985.632, 985.636, 985.64, 985.644,

466

985.648, 985.652, 985.66, 985.664, 985.668, 985.672, 985.9475,

467

985.68, 985.682, 985.686, 985.688, 985.69, 985.692, and 985.694,

468

Florida Statutes, is created and entitled "DEPARTMENT OF

469

JUVENILE JUSTICE."

470

(13) Part XII of chapter 985, Florida Statutes, consisting

471

of ss. 985.701, 985.711, 985.721, and 985.731, Florida Statutes,

472

is created and entitled "MISCELLANEOUS OFFENSES."

473

(14) Part XIII of chapter 985, Florida Statutes,

474

consisting of ss. 985.801, 985.802, 985.803, 985.804, 985.805,

475

985.806, and 985.807, Florida Statutes, is created and entitled

476

"INTERSTATE COMPACT ON JUVENILES."

477

Section 2. Paragraph (f) of subsection (1) and subsection

478

(3) of section 985.01, Florida Statutes, are amended to read:

479

985.01 Purposes and intent~~; personnel standards and~~

480

~~screening~~.--

481

(1) The purposes of this chapter are:

482

(f) To provide children committed to the department of

483

~~Juvenile Justice~~ with training in life skills, including career

484

education.

485

(2)~~(3)~~ It is the intent of the Legislature that this

486

chapter be liberally interpreted and construed in conformity

487

with its declared purposes.

488

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

489

985.02, Florida Statutes, is amended to read:

490

985.02 Legislative intent for the juvenile justice

491

system.--

492

(4) DETENTION.--

493

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

494

secure placement for certain children alleged to have committed

495

a delinquent act. The Legislature finds that detention ~~under~~

496

~~part II~~ should be used only when less restrictive interim

497

placement alternatives prior to adjudication and disposition are

498

not appropriate. The Legislature further finds that decisions to

499

detain should be based in part on a prudent assessment of risk

500

and be limited to situations where there is clear and convincing

501

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

502

presents a substantial risk of inflicting bodily harm on others

503

as evidenced by recent behavior; presents a history of

504

committing a serious property offense prior to adjudication,

505

disposition, or placement; has acted in direct or indirect

506

contempt of court; or requests protection from imminent bodily

507

harm.

508

Section 4. Subsections (1) through (6), (8) through (30),

509

(32) through (47), and (49) through (59) of section 985.03,

510

Florida Statutes, are renumbered, respectively, as subsections

511

(1) through (6), (7) through (29), (30) through (45), and (46)

512

through (56) and subsections (2), (9), (15), (20), (21), (45),

513

and (59) of said section are amended, to read:

514

985.03 Definitions.--When used in this chapter, the term:

515

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

516

to determine whether or not the facts support the allegations

517

stated in the petition, as is provided for under s. 985.35

518

~~985.228~~ in delinquency cases.

519

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

520

delinquent act" means a child who, under ~~pursuant to the~~

521

~~provisions of~~ this chapter, is found by a court to have

522

committed a violation of law or to be in direct or indirect

523

contempt of court, except that this definition shall not include

524

an act constituting contempt of court arising out of a

525

dependency proceeding or a proceeding concerning a child or

526

family in need of services ~~pursuant to part III of this chapter~~.

527

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

528

probation, or similar program; regional detention center or

529

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

530

by or contracted by the department ~~of Juvenile Justice~~, or

531

institution owned and operated by or contracted by the

532

department ~~of Juvenile Justice~~, that ~~which~~ provides intake,

533

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

534

be or who have been found to be delinquent under this chapter

535

~~pursuant to part II~~.

536

(b) "Delinquency program staff" means supervisory and

537

direct care staff of a delinquency program as well as support

538

staff who have direct contact with children in a delinquency

539

program.

540

541

designed for the purpose of reducing the occurrence of

542

delinquency, including youth and street gang activity, and

543

juvenile arrests. The term excludes arbitration, diversionary or

544

mediation programs, and community service work or other

545

treatment available subsequent to a child committing a

546

delinquent act.

547

(19)~~(20)~~ "Detention hearing" means a hearing for the court

548

to determine if a child should be placed in temporary custody,

549

as provided for under part V ~~ss. 985.213 and 985.215~~ in

550

delinquency cases.

551

(20)~~(21)~~ "Disposition hearing" means a hearing in which

552

the court determines the most appropriate dispositional services

553

in the least restrictive available setting provided for under

554

part VII ~~s. 985.231~~, in delinquency cases.

555

(43)~~(45)~~ "Residential commitment level" means the level of

556

security provided by programs that service the supervision,

557

custody, care, and treatment needs of committed children.

558

Sections 985.721 ~~985.3141~~ and 985.601(10) ~~985.404(11)~~ apply to

559

children placed in programs at any residential commitment level.

560

The levels of residential commitment are as follows:

561

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

562

this commitment level are residential but may allow youth to

563

have unsupervised access to the community. Youth assessed and

564

classified for placement in programs at this commitment level

565

represent a low risk to themselves and public safety but do

566

require placement and services in residential settings. Children

567

who have been found to have committed delinquent acts that

568

involve firearms, delinquent acts that are sexual offenses, or

569

delinquent acts that would be life felonies or first degree

570

felonies if committed by an adult shall not be committed to a

571

program at this level.

572

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

573

at this commitment level are residential but may allow youth to

574

have supervised access to the community. Facilities are either

575

environmentally secure, staff secure, or are hardware-secure

576

with walls, fencing, or locking doors. Facilities shall provide

577

24-hour awake supervision, custody, care, and treatment of

578

residents. Youth assessed and classified for placement in

579

programs at this commitment level represent a moderate risk to

580

public safety and require close supervision. The staff at a

581

facility at this commitment level may seclude a child who is a

582

physical threat to himself or herself or others. Mechanical

583

restraint may also be used when necessary.

584

585

this commitment level are residential and shall not allow youth

586

to have access to the community. Facilities are hardware-secure

587

with perimeter fencing and locking doors. Facilities shall

588

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

589

of residents. Youth assessed and classified for this level of

590

placement require close supervision in a structured residential

591

setting. Placement in programs at this level is prompted by a

592

concern for public safety that outweighs placement in programs

593

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

594

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

595

himself or herself or others. Mechanical restraint may also be

596

used when necessary. The facility may provide for single cell

597

occupancy.

598

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

599

at this commitment level include juvenile correctional

600

facilities and juvenile prisons. The programs are long-term

601

residential and shall not allow youth to have access to the

602

community. Facilities are maximum-custody hardware-secure with

603

perimeter security fencing and locking doors. Facilities shall

604

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

605

of residents. The staff at a facility at this commitment level

606

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

607

herself or others. Mechanical restraint may also be used when

608

necessary. The facility shall provide for single cell occupancy,

609

except that youth may be housed together during prerelease

610

transition. Youth assessed and classified for this level of

611

placement require close supervision in a maximum security

612

residential setting. Placement in a program at this level is

613

prompted by a demonstrated need to protect the public.

614

(56)~~(59)~~ "Waiver hearing" means a hearing provided for

615

under s. 985.556(4) ~~985.226(3)~~.

616

Section 5. Section 985.201, Florida Statutes, is amended

617

and renumbered as section 985.0301, Florida Statutes, and

618

subsection (8) of section 985.219, Florida Statutes, is amended

619

and renumbered as subsection (2) of section 985.0301, Florida

620

Statutes, to read:

621

985.0301 ~~985.201~~ Jurisdiction.--

622

(1) The circuit court has exclusive original jurisdiction

623

of proceedings in which a child is alleged to have committed a

624

delinquent act or violation of law.

625

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

626

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

627

a parent or legal or actual custodian or guardian of the child,

628

or when the child is taken into custody with or without service

629

of summons and before or after the filing of a petition,

630

whichever first occurs, and thereafter the court may control the

631

child and the case in accordance with this chapter ~~part~~.

632

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

633

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

634

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

635

committed and that the person does not meet the criteria for

636

prosecution and sentencing as an adult, the court shall

637

immediately transfer the case, together with the physical

638

custody of the person and all physical evidence, papers,

639

documents, and testimony, original and duplicate, connected

640

therewith, to the appropriate court for proceedings under this

641

chapter. The circuit court is exclusively authorized to assume

642

jurisdiction over any juvenile offender who is arrested and

643

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

644

Columbia, who is found or is living or domiciled in a county in

645

which the circuit court is established, and who is surrendered

646

to the circuit court as provided in 18 U.S.C. s. 5001.

647

(4)~~(3)~~(a) Petitions alleging delinquency ~~filed under this~~

648

~~part~~ shall be filed in the county where the delinquent act or

649

violation of law occurred, but the circuit court for that county

650

may transfer the case to the circuit court of the circuit in

651

which the child resides or will reside at the time of detention

652

or placement for dispositional purposes. A child who has been

653

detained shall be transferred to the appropriate detention

654

center or facility or other placement directed by the receiving

655

court.

656

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

657

child is taken into custody before the filing of a petition

658

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

659

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

660

custody, which court shall have personal jurisdiction of the

661

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

662

of a petition in the appropriate circuit court, the court that

663

is exercising initial jurisdiction of the person of the child

664

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

665

child to be transferred to the detention center or facility or

666

other placement as ordered by the court having subject matter

667

jurisdiction of the case.

668

(5)~~(4)~~(a) Notwithstanding ss. 743.07, 985.43 ~~985.229~~,

669

985.433 ~~985.23~~, 985.435, 985.439, and 985.441 ~~985.231~~, and

670

except as provided in ss. 985.465 and 985.47 ~~985.31~~ and

671

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

672

alleged to have committed a delinquent act or violation of law

673

is obtained, the court shall retain jurisdiction, unless

674

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

675

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

676

to the child becoming an adult.

677

(b) Notwithstanding ss. 743.07 and 985.455(3), and except

678

as provided in s. 985.47, the term of any order placing a child

679

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

680

unless he or she is released by the court on the motion of an

681

interested party or on his or her own motion.

682

683

as provided in s. 985.47, the term of the commitment must be

684

until the child is discharged by the department or until he or

685

she reaches the age of 21 years. Notwithstanding ss. 743.07,

686

985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and

687

985.513 and except as provided in this section and s. 985.47, a

688

child may not be held under a commitment from a court under s.

689

985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455

690

after becoming 21 years of age.

691

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

692

committed to the department for placement in a juvenile prison

693

or in a high-risk or maximum-risk residential commitment program

694

to allow the child to participate in a juvenile conditional

695

release program pursuant to s. 985.46 ~~985.316~~. In no case shall

696

the jurisdiction of the court be retained beyond the child's

697

22nd birthday. However, if the child is not successful in the

698

conditional release program, the department may use the transfer

699

procedure under s. 985.441(3) ~~985.404~~.

700

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

701

committed to the department for placement in an intensive

702

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

703

offenders, in the residential commitment program in a juvenile

704

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

705

for serious or habitual juvenile offenders as provided in s.

706

985.47 ~~985.311~~ or s. 985.483 ~~985.31~~ until the child reaches the

707

age of 21. If the court exercises this jurisdiction retention,

708

it shall do so solely for the purpose of the child completing

709

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

710

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

711

a juvenile prison, in a residential sex offender program, or the

712

program for serious or habitual juvenile offenders. Such

713

jurisdiction retention does not apply for other programs, other

714

purposes, or new offenses.

715

(f) The court may retain jurisdiction over a child

716

committed to a juvenile correctional facility or a juvenile

717

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

718

for the purpose of allowing the child to complete such program.

719

(g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious

720

or habitual juvenile offender shall not be held under commitment

721

from a court under s. 985.47, s. 985.441(1)(c), or s. 985.565

722

after becoming 21 years of age. This subparagraph shall apply

723

only for the purpose of completing the serious or habitual

724

juvenile offender program under this chapter and shall be used

725

solely for the purpose of treatment.

726

2. The court may retain jurisdiction over a child who has

727

been placed in a program or facility for serious or habitual

728

juvenile offenders until the child reaches the age of 21,

729

specifically for the purpose of the child completing the

730

program.

731

(h) The court may retain jurisdiction over a juvenile

732

sexual offender who has been placed in a program or facility for

733

juvenile sexual offenders until the juvenile sexual offender

734

reaches the age of 21, specifically for the purpose of

735

completing the program.

736

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

737

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

738

to pay restitution until the restitution order is satisfied or

739

until the court orders otherwise. If the court retains such

740

jurisdiction after the date upon which the court's jurisdiction

741

would cease under this section, it shall do so solely for the

742

purpose of enforcing the restitution order. The terms of the

743

restitution order are subject to ~~the provisions of~~ s.

744

775.089(5).

745

(j)~~(d)~~ This subsection does not prevent the exercise of

746

jurisdiction by any court having jurisdiction of the child if

747

the child, after becoming an adult, commits a violation of law.

748

(6) The court may at any time enter an order ending its

749

jurisdiction over any child.

750

Section 6. Section 985.202, Florida Statutes, is

751

renumbered as section 985.032, Florida Statutes.

752

Section 7. Section 985.203, Florida Statutes, is

753

renumbered as section 985.033, Florida Statutes, subsections (2)

754

through (4) are redesignated subsections (3) through (5),

755

subsection (1) of said section is amended, and a new subsection

756

(2) is added to read:

757

985.033 ~~985.203~~ Right to counsel.--

758

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

759

at all stages of any delinquency court proceedings under this

760

chapter ~~part~~. If the child and the parents or other legal

761

guardian are indigent and unable to employ counsel for the

762

child, the court shall appoint counsel under ~~pursuant to~~ s.

763

27.52. Determination of indigence and costs of representation

764

shall be as provided by ss. 27.52 and 938.29. Legal counsel

765

representing a child who exercises the right to counsel shall be

766

allowed to provide advice and counsel to the child at any time

767

subsequent to the child's arrest, including prior to a detention

768

hearing while in secure detention care. A child shall be

769

represented by legal counsel at all stages of all court

770

proceedings unless the right to counsel is freely, knowingly,

771

and intelligently waived by the child. If the child appears

772

without counsel, the court shall advise the child of his or her

773

rights with respect to representation of court-appointed

774

counsel.

775

(2) This section does not apply to transfer proceedings

776

under s. 985.441(3), unless the court sets a hearing to review

777

the transfer.

778

Section 8. Section 985.205, Florida Statutes, is

779

renumbered as section 985.035, Florida Statutes.

780

Section 9. Section 985.206, Florida Statutes, is

781

renumbered as section 985.036, Florida Statutes, and amended to

782

read:

783

985.036 ~~985.206~~ Rights of victims; juvenile proceedings.--

784

(1) Nothing in this chapter prohibits:

785

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

786

(b)~~(2)~~ The victim's parent or guardian if the victim is a

787

minor;

788

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

789

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

790

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

791

792

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

793

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

794

involving the juvenile offender, to the extent that such rights

795

do not interfere with the constitutional rights of the juvenile

796

offender. A person enumerated in this section may not reveal to

797

any outside party any confidential information obtained under

798

~~pursuant to~~ this paragraph regarding a case involving a juvenile

799

offense, except as is reasonably necessary to pursue legal

800

remedies.

801

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

802

juvenile offense report to the victim of the offense. However,

803

information gained by the victim under this chapter, including

804

the next of kin of a homicide victim, regarding any case handled

805

in juvenile court, must not be revealed to any outside party,

806

except as is reasonably necessary in pursuit of legal remedies.

807

Section 10. Section 985.216, Florida Statutes, is

808

renumbered as section 985.037, Florida Statutes, and subsection

809

(2) and paragraphs (b) and (d) of subsection (4) of said section

810

are amended to read:

811

985.037 ~~985.216~~ Punishment for contempt of court;

812

alternative sanctions.--

813

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

814

in a secure facility for purposes of punishment for contempt of

815

court if alternative sanctions are unavailable or inappropriate,

816

or if the child has already been ordered to serve an alternative

817

sanction but failed to comply with the sanction.

818

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

819

indirect contempt may be placed in a secure detention facility

820

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

821

days for a second or subsequent offense.

822

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

823

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

824

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

825

~~a second or subsequent offense, in a staff-secure shelter or a~~

826

~~staff-secure residential facility solely for children in need of~~

827

~~services if such placement is available, or, if such placement~~

828

~~is not available, the child may be placed in an appropriate~~

829

~~mental health facility or substance abuse facility for~~

830

~~assessment. In addition to disposition under this paragraph, a~~

831

~~child in need of services who is held in direct contempt or~~

832

~~indirect contempt may be placed in a physically secure facility~~

833

~~as provided under s. 984.226 if conditions of eligibility are~~

834

~~met.~~

835

(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

836

PROCESS.--

837

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

838

the court must hold a hearing within 24 hours to determine

839

whether the child committed indirect contempt of a valid court

840

order. At the hearing, the following due process rights must be

841

provided to the child:

842

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

843

facts supporting the contempt charge.

844

2. Right to an explanation of the nature and the

845

consequences of the proceedings.

846

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

847

counsel appointed by the court if the juvenile is indigent,

848

under ~~pursuant to~~ s. 985.033 ~~985.203~~.

849

4. Right to confront witnesses.

850

5. Right to present witnesses.

851

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

852

7. Right to appeal to an appropriate court.

853

854

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

855

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

856

placement of the child every 72 hours to determine whether it is

857

appropriate for the child to remain in the facility.

858

(d) In addition to any other sanction imposed under this

859

section, the court may direct the Department of Highway Safety

860

and Motor Vehicles to withhold issuance of, or suspend, a

861

child's driver's license or driving privilege. The court may

862

order that a child's driver's license or driving privilege be

863

withheld or suspended for up to 1 year for a first offense of

864

contempt and up to 2 years for a second or subsequent offense.

865

If the child's driver's license or driving privilege is

866

suspended or revoked for any reason at the time the sanction for

867

contempt is imposed, the court shall extend the period of

868

suspension or revocation by the additional period ordered under

869

this paragraph. If the child's driver's license is being

870

withheld at the time the sanction for contempt is imposed, the

871

period of suspension or revocation ordered under this paragraph

872

shall begin on the date on which the child is otherwise eligible

873

to drive. ~~For a child in need of services whose driver's license~~

874

~~or driving privilege is suspended under this paragraph, the~~

875

~~court may direct the Department of Highway Safety and Motor~~

876

~~Vehicles to issue the child a license for driving privileges~~

877

~~restricted to business or employment purposes only, as defined~~

878

~~in s. 322.271, or for the purpose of completing court-ordered~~

879

~~community service, if the child is otherwise qualified for a~~

880

~~license. However, the department may not issue a restricted~~

881

~~license unless specifically ordered to do so by the court.~~

882

Section 11. Section 985.2311, Florida Statutes, is

883

renumbered as section 985.039, Florida Statutes.

884

Section 12. Section 985.04, Florida Statutes, is amended

885

to read:

886

985.04 Oaths; records; confidential information.--

887

(1)~~(3)(a)~~ Except as provided in subsections (2), (3) ~~(4)~~,

888

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

889

under this chapter ~~part~~ in the discharge of official duty by any

890

judge, any employee of the court, any authorized agent of the

891

department ~~of Juvenile Justice~~, the Parole Commission, the

892

Department of Corrections, the juvenile justice circuit boards,

893

any law enforcement agent, or any licensed professional or

894

licensed community agency representative participating in the

895

assessment or treatment of a juvenile is confidential and may be

896

disclosed only to the authorized personnel of the court, the

897

department ~~of Juvenile Justice~~ and its designees, the Department

898

of Corrections, the Parole Commission, law enforcement agents,

899

school superintendents and their designees, any licensed

900

professional or licensed community agency representative

901

participating in the assessment or treatment of a juvenile, and

902

others entitled under this chapter to receive that information,

903

or upon order of the court. Within each county, the sheriff, the

904

chiefs of police, the district school superintendent, and the

905

department shall enter into an interagency agreement for the

906

purpose of sharing information about juvenile offenders among

907

all parties. The agreement must specify the conditions under

908

which summary criminal history information is to be made

909

available to appropriate school personnel, and the conditions

910

under which school records are to be made available to

911

appropriate department personnel. Such agreement shall require

912

notification to any classroom teacher of assignment to the

913

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

914

probation or commitment program for a felony offense. The

915

agencies entering into such agreement must comply with s.

916

943.0525, and must maintain the confidentiality of information

917

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

918

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

919

chapter ~~part~~, the name, photograph, address, and crime or arrest

920

report of a child:

921

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

922

custody by a law enforcement officer for a violation of law

923

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

924

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

925

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

926

misdemeanors;

927

928

985.557 ~~985.227~~, indicted under ~~pursuant to~~ s. 985.56 ~~985.225~~,

929

or waived under ~~pursuant to~~ s. 985.556 ~~985.226~~;

930

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

931

violation of law subject to ~~the provisions of~~ s. 985.557

932

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

933

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

934

juvenile system under ~~pursuant to~~ s. 985.565 ~~985.233~~

935

936

shall not be considered confidential and exempt from ~~the~~

937

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

938

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

939

~~part does not prohibit the release~~ of the juvenile offense

940

report ~~by a law enforcement agency~~ to the victim of the offense.

941

However, information gained by the victim under ~~pursuant to~~ this

942

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

943

regarding any case handled in juvenile court, must not be

944

revealed to any outside party, except as is reasonably necessary

945

in pursuit of legal remedies.

946

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

947

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

948

enforcement officer for an offense that would have been a felony

949

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

950

enforcement agency must notify the superintendent of schools

951

that the child is alleged to have committed the delinquent act.

952

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

953

of this section, when a child of any age is formally charged by

954

a state attorney with a felony or a delinquent act that would be

955

a felony if committed by an adult, the state attorney shall

956

notify the superintendent of the child's school that the child

957

has been charged with such felony or delinquent act. The

958

information obtained by the superintendent of schools under

959

~~pursuant to~~ this section must be released within 48 hours after

960

receipt to appropriate school personnel, including the principal

961

of the school of the child. The principal must immediately

962

notify the child's immediate classroom teachers. Upon

963

notification, the principal is authorized to begin disciplinary

964

actions under ~~pursuant to~~ s. 1006.09(1)-(4).

965

(c)~~(b)~~ The department shall disclose to the school

966

superintendent the presence of any child in the care and custody

967

or under the jurisdiction or supervision of the department who

968

has a known history of criminal sexual behavior with other

969

juveniles; is an alleged juvenile sexual ~~sex~~ offender, as

970

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

971

or has been found to have committed, a violation of chapter 794,

972

chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless

973

of adjudication. Any employee of a district school board who

974

knowingly and willfully discloses such information to an

975

unauthorized person commits a misdemeanor of the second degree,

976

punishable as provided in s. 775.082 or s. 775.083.

977

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

978

Justice may administer oaths and affirmations.

979

(6)~~(2)~~ Records maintained by the department ~~of Juvenile~~

980

~~Justice~~, including copies of records maintained by the court,

981

that ~~which~~ pertain to a child found to have committed a

982

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

983

specified in ss. 435.03 and 435.04 may not be destroyed under

984

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

985

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

986

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

987

the court for use only in meeting the screening requirements for

988

personnel in s. 402.3055 and the other sections cited above, or

989

under ~~pursuant to~~ departmental rule; however, current criminal

990

history information must be obtained from the Department of Law

991

Enforcement in accordance with s. 943.053. The information shall

992

be released to those persons specified in the above cited

993

sections for the purposes of complying with those sections. The

994

court may punish by contempt any person who releases or uses the

995

records for any unauthorized purpose.

996

(7)~~(4)~~(a) Records in the custody of the department of

997

~~Juvenile Justice~~ regarding children are not open to inspection

998

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

999

the Secretary of Juvenile Justice or his or her authorized agent

1000

by persons who have sufficient reason and upon such conditions

1001

for their use and disposition as the secretary or his or her

1002

authorized agent deems proper. The information in such records

1003

may be disclosed only to other employees of the department of

1004

~~Juvenile Justice~~ who have a need therefor in order to perform

1005

their official duties ~~duty~~; to other persons as authorized by

1006

rule of the department ~~of Juvenile Justice~~; and, upon request,

1007

to the Department of Corrections. The secretary or his or her

1008

authorized agent may permit properly qualified persons to

1009

inspect and make abstracts from records for statistical purposes

1010

under whatever conditions upon their use and disposition the

1011

secretary or his or her authorized agent deems proper, provided

1012

adequate assurances are given that children's names and other

1013

identifying information will not be disclosed by the applicant.

1014

(b) The destruction of records pertaining to children

1015

committed to or supervised by the department ~~of Juvenile Justice~~

1016

pursuant to a court order, which records are retained until a

1017

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

1018

delinquent child reaches the age of 26 years, shall be subject

1019

to chapter 943.

1020

(8) Criminal history information made available to

1021

governmental agencies by the Department of Law Enforcement or

1022

other criminal justice agencies shall not be used for any

1023

purpose other than that specified in the provision authorizing

1024

the releases.

1025

Section 13. Section 985.05, Florida Statutes, is

1026

renumbered as section 985.045, Florida Statutes, and amended to

1027

read:

1028

985.045 ~~985.05~~ Court records.--

1029

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

1030

all cases brought before it under ~~pursuant to~~ this chapter ~~part~~.

1031

The court shall preserve the records pertaining to a child

1032

charged with committing a delinquent act or violation of law

1033

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

1034

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

1035

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

1036

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

1037

destroy them, except that records made of traffic offenses in

1038

which there is no allegation of delinquency may be destroyed as

1039

soon as this can be reasonably accomplished. The court shall

1040

make official records of all petitions and orders filed in a

1041

case arising under ~~pursuant to~~ this chapter ~~part~~ and of any

1042

other pleadings, certificates, proofs of publication, summonses,

1043

warrants, and writs that are filed pursuant to the case.

1044

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

1045

this section separate from other records of the circuit court,

1046

except those records pertaining to motor vehicle violations,

1047

which shall be forwarded to the Department of Highway Safety and

1048

Motor Vehicles. Except as provided in ss. 943.053 and

1049

985.04(7)~~(4)~~, official records required by this chapter ~~part~~ are

1050

not open to inspection by the public, but may be inspected only

1051

upon order of the court by persons deemed by the court to have a

1052

proper interest therein, except that a child and the parents,

1053

guardians, or legal custodians of the child and their attorneys,

1054

law enforcement agencies, the Department of Juvenile Justice and

1055

its designees, the Parole Commission, and the Department of

1056

Corrections shall always have the right to inspect and copy any

1057

official record pertaining to the child. The court may permit

1058

authorized representatives of recognized organizations compiling

1059

statistics for proper purposes to inspect, and make abstracts

1060

from, official records under whatever conditions upon the use

1061

and disposition of such records the court may deem proper and

1062

may punish by contempt proceedings any violation of those

1063

conditions.

1064

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

1065

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

1066

that the clerk or deputy clerk may sign a summons or notice to

1067

appear.

1068

(4) A court record of proceedings under this chapter ~~part~~

1069

is not admissible in evidence in any other civil or criminal

1070

proceeding, except that:

1071

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

1072

admissible in evidence in the court in which he or she is tried,

1073

but create no presumption as to the guilt of the child; nor may

1074

such orders be read to, or commented upon in the presence of,

1075

the jury in any trial.

1076

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

1077

charge, made by the committing trial court judge, are admissible

1078

in evidence in the court to which the adult is bound over.

1079

1080

a part of the record on appeal must be used in the appellate

1081

court in the manner provided in s. 985.534 ~~985.234~~.

1082

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

1083

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

1084

perjury, to the extent such records are necessary to prove the

1085

charge.

1086

(e) Records of proceedings under this chapter ~~part~~ may be

1087

used to prove disqualification under ~~pursuant to~~ ss. 110.1127,

1088

393.0655, 394.457, 397.451, 402.305, 402.313, 409.175, 409.176,

1089

and 985.644 ~~985.407~~.

1090

Section 14. Sections 985.06 and 985.08, Florida Statutes,

1091

are renumbered as sections 985.046 and 985.047, Florida

1092

Statutes, respectively.

1093

Section 15. Section 985.207, Florida Statutes, is amended

1094

and renumbered as section 985.101, Florida Statutes, and

1095

subsection (3) of section 985.215, Florida Statutes, is

1096

renumbered as subsection (2) of section 985.101, Florida

1097

Statutes, and amended to read:

1098

985.101 ~~985.207~~ Taking a child into custody.--

1099

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

1100

circumstances:

1101

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

1102

this chapter ~~part~~, based upon sworn testimony, either before or

1103

after a petition is filed.

1104

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

1105

Florida law pertaining to a lawful arrest. If such delinquent

1106

act or violation of law would be a felony if committed by an

1107

adult or involves a crime of violence, the arresting authority

1108

shall immediately notify the district school superintendent, or

1109

the superintendent's designee, of the school district with

1110

educational jurisdiction of the child. Such notification shall

1111

include other education providers such as the Florida School for

1112

the Deaf and the Blind, university developmental research

1113

schools, and private elementary and secondary schools. The

1114

information obtained by the superintendent of schools pursuant

1115

to this section must be released within 48 hours after receipt

1116

to appropriate school personnel, including the principal of the

1117

child's school, or as otherwise provided by law. The principal

1118

must immediately notify the child's immediate classroom

1119

teachers. Information provided by an arresting authority under

1120

~~pursuant to~~ this paragraph may not be placed in the student's

1121

permanent record and shall be removed from all school records no

1122

later than 9 months after the date of the arrest.

1123

1124

a court hearing after being properly noticed.

1125

(d) By a law enforcement officer who has probable cause to

1126

believe that the child is in violation of the conditions of the

1127

child's probation, home detention, postcommitment probation, or

1128

conditional release supervision or has escaped from commitment.

1129

1130

Nothing in this subsection shall be construed to allow the

1131

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

1132

part V ~~s. 985.215~~.

1133

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

1134

placed into or transported in any police car or similar vehicle

1135

that at the same time contains an adult under arrest, unless the

1136

adult is alleged or believed to be involved in the same offense

1137

or transaction as the child.

1138

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

1139

this section, the person taking the child into custody shall

1140

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

1141

the child. The person taking the child into custody shall

1142

continue such attempt until the parent, guardian, or legal

1143

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

1144

a juvenile probation officer under ss. 985.14 and 985.145

1145

~~pursuant to s.~~ ~~985.21~~, whichever occurs first. If the child is

1146

delivered to a juvenile probation officer before the parent,

1147

guardian, or legal custodian is notified, the juvenile probation

1148

officer shall continue the attempt to notify until the parent,

1149

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

1150

notification, the parent or guardian must provide identifying

1151

information, including name, address, date of birth, social

1152

security number, and driver's license number or identification

1153

card number of the parent or guardian to the person taking the

1154

child into custody or the juvenile probation officer.

1155

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

1156

for the purpose of determining whether the taking into custody

1157

or the obtaining of any evidence in conjunction therewith is

1158

lawful.

1159

Section 16. Section 985.2075, Florida Statutes, is

1160

renumbered as section 985.105, Florida Statutes.

1161

Section 17. Section 985.212, Florida Statutes, is

1162

renumbered as section 985.11, Florida Statutes, and paragraph

1163

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

1164

985.11 ~~985.212~~ Fingerprinting and photographing.--

1165

(1)

1166

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

1167

one of the following offenses shall be fingerprinted, and the

1168

fingerprints shall be submitted to the Department of Law

1169

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

1170

1. Assault, as defined in s. 784.011.

1171

2. Battery, as defined in s. 784.03.

1172

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

1173

790.01(1).

1174

4. Unlawful use of destructive devices or bombs, as

1175

defined in s. 790.1615(1).

1176

5. Negligent treatment of children, as defined in former

1177

s. 827.05.

1178

6. Assault on a law enforcement officer, a firefighter, or

1179

other specified officers, as defined in s. 784.07(2)(a).

1180

7. Open carrying of a weapon, as defined in s. 790.053.

1181

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

1182

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

1183

790.22(5).

1184

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

1185

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

1186

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

1187

defined in s. 806.031(1).

1188

13. Unlawful possession or discharge of a weapon or

1189

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

1190

defined in s. 790.115.

1191

1192

A law enforcement agency may fingerprint and photograph a child

1193

taken into custody upon probable cause that such child has

1194

committed any other violation of law, as the agency deems

1195

appropriate. Such fingerprint records and photographs shall be

1196

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

1197

these records and all copies thereof must be marked "Juvenile

1198

Confidential." These records are not available for public

1199

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

1200

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

1201

to other law enforcement agencies, criminal justice agencies,

1202

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

1203

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

1204

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

1205

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

1206

Enforcement for inclusion in the state criminal history records

1207

and used by criminal justice agencies for criminal justice

1208

purposes. These records may, in the discretion of the court, be

1209

open to inspection by anyone upon a showing of cause. The

1210

fingerprint and photograph records shall be produced in the

1211

court whenever directed by the court. Any photograph taken

1212

pursuant to this section may be shown by a law enforcement

1213

officer to any victim or witness of a crime for the purpose of

1214

identifying the person who committed such crime.

1215

Section 18. Subsections (2) and (5) of section 985.211,

1216

Florida Statutes, are renumbered, respectively, as subsections

1217

(2) and (3) of section 985.115, Florida Statutes, and

1218

subsections (1) and (7) of section 985.211, Florida Statutes,

1219

are renumbered, respectively, as subsections (1) and (4) of

1220

section 985.115, Florida Statutes, and amended to read:

1221

985.115 ~~985.211~~ Release or delivery from custody.--

1222

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

1223

custody as soon as is reasonably possible.

1224

(2) Unless otherwise ordered by the court under s. 985.255

1225

or s. 985.26 ~~pursuant to s. 985.215~~, and unless there is a need

1226

to hold the child, a person taking a child into custody shall

1227

attempt to release the child as follows:

1228

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

1229

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

1230

unavailable, unwilling, or unable to provide supervision for the

1231

child, to any responsible adult. Prior to releasing the child to

1232

a responsible adult, other than the parent, guardian, or legal

1233

custodian, the person taking the child into custody may conduct

1234

a criminal history background check of the person to whom the

1235

child is to be released. If the person has a prior felony

1236

conviction, or a conviction for child abuse, drug trafficking,

1237

or prostitution, that person is not a responsible adult for the

1238

purposes of this section. The person to whom the child is

1239

released shall agree to inform the department or the person

1240

releasing the child of the child's subsequent change of address

1241

and to produce the child in court at such time as the court may

1242

direct, and the child shall join in the agreement.

1243

(b) Contingent upon specific appropriation, to a shelter

1244

approved by the department or to an authorized agent under

1245

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

1246

1247

serious physical condition which requires either prompt

1248

diagnosis or prompt treatment, to a law enforcement officer who

1249

shall deliver the child to a hospital for necessary evaluation

1250

and treatment.

1251

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

1252

in s. 394.463(1), to a law enforcement officer who shall take

1253

the child to a designated public receiving facility as defined

1254

in s. 394.455 for examination under ~~pursuant to the provisions~~

1255

of s. 394.463.

1256

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

1257

threatened, attempted, or inflicted physical harm on himself or

1258

herself or another, or is incapacitated by substance abuse, to a

1259

law enforcement officer who shall deliver the child to a

1260

hospital, addictions receiving facility, or treatment resource.

1261

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

1262

and staffed to assume custody of the child for the purpose of

1263

assessing the needs of the child in custody. The center may then

1264

release or deliver the child under ~~pursuant to~~ this section with

1265

a copy of the assessment.

1266

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

1267

officer may deliver the child, for temporary custody not to

1268

exceed 6 hours, to a secure booking area of a jail or other

1269

facility intended or used for the detention of adults, for the

1270

purpose of fingerprinting or photographing the child or awaiting

1271

appropriate transport to the department or as provided in s.

1272

985.13(2) ~~subsection (4)~~, provided no regular sight and sound

1273

contact between the child and adult inmates or trustees is

1274

permitted and the receiving facility has adequate staff to

1275

supervise and monitor the child's activities at all times.

1276

(4)~~(7)~~ Nothing in this section or s. 985.13 shall prohibit

1277

the proper use of law enforcement diversion programs. Law

1278

enforcement agencies may initiate and conduct diversion programs

1279

designed to divert a child from the need for department custody

1280

or judicial handling. Such programs may be cooperative projects

1281

with local community service agencies.

1282

Section 19. Section 985.301, Florida Statutes, is

1283

renumbered as section 985.12, Florida Statutes, and subsection

1284

(4) of said section is amended to read:

1285

985.12 ~~985.301~~ Civil citation.--

1286

(4) If the juvenile fails to report timely for a work

1287

assignment, complete a work assignment, or comply with assigned

1288

intervention services within the prescribed time, or if the

1289

juvenile commits a third or subsequent misdemeanor, the law

1290

enforcement officer shall issue a report alleging the child has

1291

committed a delinquent act, at which point a juvenile probation

1292

officer shall perform a preliminary determination as provided

1293

under s. 985.145 ~~985.21(4)~~.

1294

Section 20. Section 985.3065, Florida Statutes, is

1295

renumbered as section 985.125, Florida Statutes.

1296

Section 21. Subsections (3), (4), and (6) of section

1297

985.211, Florida Statutes, are renumbered as section 985.13,

1298

Florida Statutes, and amended to read:

1299

985.13 Probable cause affidavits.--

1300

(1)~~(3)~~ If the child is released, the person taking the

1301

child into custody shall make a written report or probable cause

1302

affidavit to the appropriate juvenile probation officer within

1303

24 hours after such release, stating the facts and the reason

1304

for taking the child into custody. Such written report or

1305

probable cause affidavit shall:

1306

(a) Identify the child, the parents, guardian, or legal

1307

custodian, and the person to whom the child was released.

1308

(b) Contain sufficient information to establish the

1309

jurisdiction of the court and to make a prima facie showing that

1310

the child has committed a violation of law or a delinquent act.

1311

(2)~~(4)~~ A person taking a child into custody who

1312

determines, under part V ~~pursuant to s. 985.215~~, that the child

1313

should be detained or released to a shelter designated by the

1314

department, shall make a reasonable effort to immediately notify

1315

the parent, guardian, or legal custodian of the child and shall,

1316

without unreasonable delay, deliver the child to the appropriate

1317

juvenile probation officer or, if the court has so ordered under

1318

~~pursuant to~~ s. 985.255 or s. 985.26 ~~985.215~~, to a detention

1319

center or facility. Upon delivery of the child, the person

1320

taking the child into custody shall make a written report or

1321

probable cause affidavit to the appropriate juvenile probation

1322

officer. Such written report or probable cause affidavit must:

1323

(a) Identify the child and, if known, the parents,

1324

guardian, or legal custodian.

1325

(b) Establish that the child was legally taken into

1326

custody, with sufficient information to establish the

1327

jurisdiction of the court and to make a prima facie showing that

1328

the child has committed a violation of law.

1329

(3)~~(6)~~(a) A copy of the probable cause affidavit or

1330

written report made by the person taking the child into custody

1331

shall be filed, by the law enforcement agency which employs the

1332

person making such affidavit or written report, with the clerk

1333

of the circuit court for the county in which the child is taken

1334

into custody or in which the affidavit or report is made within

1335

24 hours after the affidavit or report is made, excluding

1336

Saturdays, Sundays, and legal holidays. Such affidavit or report

1337

is a case for the purpose of assigning a uniform case number

1338

under ~~pursuant to~~ this subsection.

1339

(b) Upon the filing of a copy of a probable cause

1340

affidavit or written report by a law enforcement agency with the

1341

clerk of the circuit court, the clerk shall immediately assign a

1342

uniform case number to the affidavit or report, forward a copy

1343

to the state attorney, and forward a copy to the intake office

1344

of the department which serves the county in which the case

1345

arose.

1346

1347

or other paper required by law pertaining to the case shall bear

1348

the uniform case number of the case, and a copy shall be filed

1349

with the clerk of the circuit court by the issuing agency. The

1350

issuing agency shall furnish copies to the juvenile probation

1351

officer and the state attorney.

1352

(d) Upon the filing of a petition based on the allegations

1353

of a previously filed probable cause affidavit or written

1354

report, the agency filing the petition shall include the

1355

appropriate uniform case number on the petition.

1356

Section 22. Section 985.209, Florida Statutes, is

1357

renumbered as section 985.135, Florida Statutes.

1358

Section 23. Subsections (1) and (2) of section 985.21,

1359

Florida Statutes, are renumbered as section 985.14, Florida

1360

Statutes, and amended to read:

1361

985.14 ~~985.21~~ Intake and case management system.--

1362

(1)~~(a) During the intake process, the juvenile probation~~

1363

~~officer shall screen each child or shall cause each child to be~~

1364

~~screened in order to determine:~~

1365

~~1. Appropriateness for release, referral to a diversionary~~

1366

~~program including, but not limited to, a teen-court program,~~

1367

~~referral for community arbitration, or referral to some other~~

1368

~~program or agency for the purpose of nonofficial or nonjudicial~~

1369

~~handling.~~

1370

~~2. The presence of medical, psychiatric, psychological,~~

1371

~~substance abuse, educational, or vocational problems, or other~~

1372

~~conditions that may have caused the child to come to the~~

1373

~~attention of law enforcement or the Department of Juvenile~~

1374

~~Justice. The child shall also be screened to determine whether~~

1375

~~the child poses a danger to himself or herself or others in the~~

1376

~~community. The results of this screening shall be made available~~

1377

~~to the court and to court officers. In cases where such~~

1378

~~conditions are identified, and a nonjudicial handling of the~~

1379

~~case is chosen, the juvenile probation officer shall attempt to~~

1380

~~refer the child to a program or agency, together with all~~

1381

~~available and relevant assessment information concerning the~~

1382

~~child's precipitating condition.~~

1383

3. The department ~~of Juvenile Justice~~ shall develop an

1384

intake and a case management system whereby a child brought into

1385

intake is assigned a juvenile probation officer if the child was

1386

not released, referred to a diversionary program, referred for

1387

community arbitration, or referred to some other program or

1388

agency for the purpose of nonofficial or nonjudicial handling,

1389

and shall make every reasonable effort to provide case

1390

management services for the child; provided, however, that case

1391

management for children committed to residential programs may be

1392

transferred as provided in s. 985.46 ~~985.316~~.

1393

(2) The intake process shall be performed by the

1394

department through a case management system. The purpose of the

1395

intake process is to assess the child's needs and risks and to

1396

determine the most appropriate treatment plan and setting for

1397

the child's programmatic needs and risks. The intake process

1398

shall result in choosing the most appropriate services through a

1399

balancing of the interests and needs of the child with those of

1400

the family and the public. The juvenile probation officer is

1401

responsible for making informed decisions and recommendations to

1402

other agencies, the state attorney, and the courts so that the

1403

child and family may receive the least intrusive service

1404

alternative throughout the judicial process. The department

1405

shall establish uniform procedures for the juvenile probation

1406

officer to provide a preliminary screening of the child and

1407

family for substance abuse and mental health services prior to

1408

the filing of a petition or as soon as possible thereafter and

1409

prior to a disposition hearing.

1410

~~4. In addition to duties specified in other sections and~~

1411

~~through departmental rules, the assigned juvenile probation~~

1412

~~officer shall be responsible for the following:~~

1413

~~a. Ensuring that a risk assessment instrument establishing~~

1414

~~the child's eligibility for detention has been accurately~~

1415

~~completed and that the appropriate recommendation was made to~~

1416

~~the court.~~

1417

~~b. Inquiring as to whether the child understands his or~~

1418

~~her rights to counsel and against self-incrimination.~~

1419

~~c. Performing the preliminary screening and making~~

1420

~~referrals for comprehensive assessment regarding the child's~~

1421

~~need for substance abuse treatment services, mental health~~

1422

~~services, retardation services, literacy services, or other~~

1423

~~educational or treatment services.~~

1424

~~d. Coordinating the multidisciplinary assessment when~~

1425

~~required, which includes the classification and placement~~

1426

~~process that determines the child's priority needs, risk~~

1427

~~classification, and treatment plan. When sufficient evidence~~

1428

~~exists to warrant a comprehensive assessment and the child fails~~

1429

~~to voluntarily participate in the assessment efforts, it is the~~

1430

~~responsibility of the juvenile probation officer to inform the~~

1431

~~court of the need~~ ~~for the assessment and the refusal of the~~

1432

~~child to participate in such assessment. This assessment,~~

1433

~~classification, and placement process shall develop into the~~

1434

~~predisposition report.~~

1435

~~e. Making recommendations for services and facilitating~~

1436

~~the delivery of those services to the child, including any~~

1437

~~mental health services, educational services, family counseling~~

1438

~~services, family assistance services, and substance abuse~~

1439

~~services. The juvenile probation officer shall serve as the~~

1440

~~primary case manager for the purpose of managing, coordinating,~~

1441

~~and monitoring the services provided to the child. Each program~~

1442

~~administrator within the Department of Children and Family~~

1443

~~Services shall cooperate with the primary case manager in~~

1444

~~carrying out the duties and responsibilities described in this~~

1445

~~section.~~

1446

1447

~~The Department of Juvenile Justice shall annually advise the~~

1448

~~Legislature and the Executive Office of the Governor of the~~

1449

~~resources needed in order for the intake and case management~~

1450

~~system to maintain a staff-to-client ratio that is consistent~~

1451

~~with accepted standards and allows the necessary supervision and~~

1452

~~services for each child. The intake process and case management~~

1453

~~system shall provide a comprehensive approach to assessing the~~

1454

~~child's needs, relative risks, and most appropriate handling,~~

1455

~~and shall be based on an individualized treatment plan.~~

1456

(3)~~(b)~~ The intake and case management system shall

1457

facilitate consistency in the recommended placement of each

1458

child, and in the assessment, classification, and placement

1459

process, with the following purposes:

1460

(a)1. An individualized, multidisciplinary assessment

1461

process that identifies the priority needs of each individual

1462

child for rehabilitation and treatment and identifies any needs

1463

of the child's parents or guardians for services that would

1464

enhance their ability to provide adequate support, guidance, and

1465

supervision for the child. This process shall begin with the

1466

detention risk assessment instrument and decision, shall include

1467

the intake preliminary screening and comprehensive assessment

1468

for substance abuse treatment services, mental health services,

1469

retardation services, literacy services, and other educational

1470

and treatment services as components, additional assessment of

1471

the child's treatment needs, and classification regarding the

1472

child's risks to the community and, for a serious or habitual

1473

delinquent child, shall include the assessment for placement in

1474

a serious or habitual delinquent children program under ~~pursuant~~

1475

to s. 985.47 ~~985.31~~. The completed multidisciplinary assessment

1476

process shall result in the predisposition report.

1477

(b)2. A classification system that assigns a relative risk

1478

to the child and the community based upon assessments including

1479

the detention risk assessment results when available to classify

1480

the child's risk as it relates to placement and supervision

1481

alternatives.

1482

1483

child the utilization of the treatment plan and setting most

1484

appropriate to meet the child's programmatic needs and provide

1485

the minimum program security needed to ensure public safety.

1486

(4) The department shall annually advise the Legislature

1487

and the Executive Office of the Governor of the resources needed

1488

in order for the intake and case management system to maintain a

1489

staff-to-client ratio that is consistent with accepted standards

1490

and allows the necessary supervision and services for each

1491

child. The intake process and case management system shall

1492

provide a comprehensive approach to assessing the child's needs,

1493

relative risks, and most appropriate handling, and shall be

1494

based on an individualized treatment plan.

1495

~~(2) The intake process shall be performed by the~~

1496

~~department through a case management system. The purpose of the~~

1497

~~intake process is to assess the child's needs and risks and to~~

1498

~~determine the most appropriate treatment plan and setting for~~

1499

~~the child's programmatic needs and risks. The intake process~~

1500

~~shall result in choosing the most appropriate services through a~~

1501

~~balancing of the interests and needs of the child with those of~~

1502

~~the family and the public. The juvenile probation officer is~~

1503

~~responsible for making informed decisions and recommendations to~~

1504

~~other agencies, the state attorney, and the courts so that the~~

1505

~~child and family may receive the least intrusive service~~

1506

~~alternative throughout the judicial process. The department~~

1507

~~shall establish uniform procedures for the juvenile probation~~

1508

~~officer to provide, prior to the filing of a petition or as soon~~

1509

~~as possible thereafter and prior to a disposition hearing, a~~

1510

~~preliminary screening of the child and family for substance~~

1511

~~abuse and mental health services.~~

1512

Section 24. Subsections (3), (4), and (5) of section

1513

985.21, Florida Statutes, are renumbered as section 985.145,

1514

Florida Statutes, and amended to read:

1515

985.145 Responsibilities of juvenile probation officer

1516

during intake; screenings and assessments.--

1517

(1) The juvenile probation officer shall serve as the

1518

primary case manager for the purpose of managing, coordinating,

1519

and monitoring the services provided to the child. Each program

1520

administrator within the Department of Children and Family

1521

Services shall cooperate with the primary case manager in

1522

carrying out the duties and responsibilities described in this

1523

section. In addition to duties specified in other sections and

1524

through departmental rules, the assigned juvenile probation

1525

officer shall be responsible for the following:

1526

(a)~~(3)~~ Reviewing probable cause affidavit.--The juvenile

1527

probation officer shall make a preliminary determination as to

1528

whether the report, affidavit, or complaint is complete,

1529

consulting with the state attorney as may be necessary. A

1530

report, affidavit, or complaint alleging that a child has

1531

committed a delinquent act or violation of law shall be made to

1532

the intake office operating in the county in which the child is

1533

found or in which the delinquent act or violation of law

1534

occurred. Any person or agency having knowledge of the facts may

1535

make such a written report, affidavit, or complaint and shall

1536

furnish to the intake office facts sufficient to establish the

1537

jurisdiction of the court and to support a finding by the court

1538

that the child has committed a delinquent act or violation of

1539

law.

1540

(b)~~(4)~~ Notification concerning apparent insufficiencies in

1541

probable cause affidavit.--~~The juvenile probation officer shall~~

1542

~~make a preliminary determination as to whether the report,~~

1543

~~affidavit, or complaint is complete, consulting with the state~~

1544

~~attorney as may be necessary.~~ In any case where the juvenile

1545

probation officer or the state attorney finds that the report,

1546

affidavit, or complaint is insufficient by the standards for a

1547

probable cause affidavit, the juvenile probation officer or

1548

state attorney shall return the report, affidavit, or complaint,

1549

without delay, to the person or agency originating the report,

1550

affidavit, or complaint or having knowledge of the facts or to

1551

the appropriate law enforcement agency having investigative

1552

jurisdiction of the offense, and shall request, and the person

1553

or agency shall promptly furnish, additional information in

1554

order to comply with the standards for a probable cause

1555

affidavit.

1556

1557

probation officer shall screen each child or shall cause each

1558

child to be screened in order to determine:

1559

1. Appropriateness for release, referral to a diversionary

1560

program, including, but not limited to, a teen court program,

1561

referral for community arbitration, or referral to some other

1562

program or agency for the purpose of nonofficial or nonjudicial

1563

handling.

1564

2. The presence of medical, psychiatric, psychological,

1565

substance abuse, educational, or vocational problems, or other

1566

conditions that may have caused the child to come to the

1567

attention of law enforcement or the department. The child shall

1568

also be screened to determine whether the child poses a danger

1569

to himself or herself or others in the community. The results of

1570

this screening shall be made available to the court and to court

1571

officers. In cases where such conditions are identified and a

1572

nonjudicial handling of the case is chosen, the juvenile

1573

probation officer shall attempt to refer the child to a program

1574

or agency, together with all available and relevant assessment

1575

information concerning the child's precipitating condition.

1576

(d) Completing the risk assessment instrument.--The

1577

juvenile probation officer shall ensure that a risk assessment

1578

instrument establishing the child's eligibility for detention

1579

has been accurately completed and that the appropriate

1580

recommendation was made to the court.

1581

(e) Rights.--The juvenile probation officer shall inquire

1582

as to whether the child understands his or her rights to counsel

1583

and against self-incrimination.

1584

(f) Multidisciplinary assessment.--The juvenile probation

1585

officer shall coordinate the multidisciplinary assessment when

1586

required, which includes the classification and placement

1587

process that determines the child's priority needs, risk

1588

classification, and treatment plan. When sufficient evidence

1589

exists to warrant a comprehensive assessment and the child fails

1590

to voluntarily participate in the assessment efforts, it is the

1591

responsibility of the juvenile probation officer to inform the

1592

court of the need for the assessment and the refusal of the

1593

child to participate in such assessment. This assessment,

1594

classification, and placement process shall develop into the

1595

predisposition report.

1596

(g) Comprehensive assessment.--The juvenile probation

1597

officer, pursuant to uniform procedures established by the

1598

department and upon determining that the report, affidavit, or

1599

complaint is complete, shall:

1600

1. Perform the preliminary screening and make referrals

1601

for a comprehensive assessment regarding the child's need for

1602

substance abuse treatment services, mental health services,

1603

retardation services, literacy services, or other educational or

1604

treatment services.

1605

2. When indicated by the preliminary screening, provide

1606

for a comprehensive assessment of the child and family for

1607

substance abuse problems, using community-based licensed

1608

programs with clinical expertise and experience in the

1609

assessment of substance abuse problems.

1610

3. When indicated by the preliminary screening, provide

1611

for a comprehensive assessment of the child and family for

1612

mental health problems, using community-based psychologists,

1613

psychiatrists, or other licensed mental health professionals

1614

with clinical expertise and experience in the assessment of

1615

mental health problems.

1616

(h) Referrals for services.--The juvenile probation

1617

officer shall make recommendations for services and facilitate

1618

the delivery of those services to the child, including any

1619

mental health services, educational services, family counseling

1620

services, family assistance services, and substance abuse

1621

services.

1622

(i) Recommendation concerning a petition.--Upon

1623

determining that the report, affidavit, or complaint complies

1624

with the standards of a probable cause affidavit and that the

1625

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

1626

juvenile probation officer may recommend that a delinquency

1627

petition not be filed. If such a recommendation is made, the

1628

juvenile probation officer shall advise in writing the person or

1629

agency making the report, affidavit, or complaint, the victim,

1630

if any, and the law enforcement agency having investigative

1631

jurisdiction over the offense of the recommendation; the reasons

1632

therefore; and that the person or agency may submit, within 10

1633

days after the receipt of such notice, the report, affidavit, or

1634

complaint to the state attorney for special review. The state

1635

attorney, upon receiving a request for special review, shall

1636

consider the facts presented by the report, affidavit, or

1637

complaint, and by the juvenile probation officer who made the

1638

recommendation that no petition be filed, before making a final

1639

decision as to whether a petition or information should or

1640

should not be filed.

1641

(j) Completing intake report.--Subject to the interagency

1642

agreement authorized under this paragraph, the juvenile

1643

probation officer for each case in which a child is alleged to

1644

have committed a violation of law or delinquent act and is not

1645

detained shall submit a written report to the state attorney,

1646

including the original report, complaint, or affidavit, or a

1647

copy thereof, including a copy of the child's prior juvenile

1648

record, within 20 days after the date the child is taken into

1649

custody. In cases in which the child is in detention, the intake

1650

office report must be submitted within 24 hours after the child

1651

is placed into detention. The intake office report may include a

1652

recommendation that a petition or information be filed or that

1653

no petition or information be filed and may set forth reasons

1654

for the recommendation. The state attorney and the department

1655

may, on a district-by-district basis, enter into interagency

1656

agreements denoting the cases that will require a recommendation

1657

and those for which a recommendation is unnecessary.

1658

~~(a) The juvenile probation officer, upon determining that~~

1659

~~the report, affidavit, or complaint is complete, pursuant to~~

1660

~~uniform procedures established by the department, shall:~~

1661

~~1. When indicated by the preliminary screening, provide~~

1662

~~for a comprehensive assessment of the child and family for~~

1663

~~substance abuse problems, using community-based licensed~~

1664

~~programs with clinical expertise and experience in the~~

1665

~~assessment of substance abuse problems.~~

1666

~~2. When indicated by the preliminary screening, provide~~

1667

~~for a comprehensive assessment of the child and family for~~

1668

~~mental health problems, using community-based psychologists,~~

1669

~~psychiatrists, or other licensed mental health professionals~~

1670

~~with clinical expertise and experience in the assessment of~~

1671

~~mental health problems.~~

1672

1673

~~When indicated by the comprehensive assessment, the department~~

1674

~~is authorized to contract within appropriated funds for services~~

1675

~~with a local nonprofit community mental health or substance~~

1676

~~abuse agency licensed or authorized under chapter 394, or~~

1677

~~chapter 397, or other authorized nonprofit social service agency~~

1678

~~providing related services. The determination of mental health~~

1679

~~or substance abuse services shall be conducted in coordination~~

1680

~~with existing programs providing mental health or substance~~

1681

~~abuse services in conjunction with the intake office. Client~~

1682

~~information resulting from the screening and evaluation shall be~~

1683

~~documented pursuant to rules established by the department and~~

1684

~~shall serve to assist the juvenile probation officer in~~

1685

~~providing the most appropriate services and recommendations in~~

1686

~~the least intrusive manner. Such client information shall be~~

1687

~~used in the multidisciplinary assessment and classification of~~

1688

~~the child, but such information, and any information obtained~~

1689

~~directly or indirectly through the assessment process, is~~

1690

~~inadmissible in court prior to the disposition hearing, unless~~

1691

~~the child's written consent is obtained. At the disposition~~

1692

~~hearing, documented client information shall serve to assist the~~

1693

~~court in making the most appropriate custody, adjudicatory, and~~

1694

~~dispositional decision. If the screening and assessment indicate~~

1695

~~that the interest of the child and the public will be best~~

1696

~~served thereby, the juvenile probation officer, with the~~

1697

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

1698

~~diagnostic and evaluation services, substance abuse treatment~~

1699

~~services, mental health services, retardation services, a~~

1700

~~diversionary or arbitration or mediation program, community~~

1701

~~service work, or other programs or treatment services~~

1702

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

1703

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

1704

~~agency which investigated the offense shall be notified~~

1705

~~immediately by the state attorney of the action taken under this~~

1706

~~paragraph. Whenever a child volunteers to participate in any~~

1707

~~work program under this chapter or volunteers to work in a~~

1708

~~specified state, county, municipal, or community service~~

1709

~~organization supervised work program or to work for the victim,~~

1710

~~the child shall be considered an employee of the state for the~~

1711

~~purposes of liability. In determining the child's average weekly~~

1712

~~wage, unless otherwise determined by a specific funding program,~~

1713

~~all remuneration received from the employer is considered a~~

1714

~~gratuity, and the child is not entitled to any benefits~~

1715

~~otherwise payable under s. 440.15, regardless of whether the~~

1716

~~child may be receiving wages and remuneration from other~~

1717

~~employment with another employer and regardless of the child's~~

1718

~~future wage-earning capacity.~~

1719

~~(b) The juvenile probation officer, upon determining that~~

1720

~~the report, affidavit, or complaint complies with the standards~~

1721

~~of a probable cause affidavit and that the interest of the child~~

1722

~~and the public will be best served, may recommend that a~~

1723

~~delinquency petition not be filed. If such a recommendation is~~

1724

~~made, the juvenile probation officer shall advise in writing the~~

1725

~~person or agency making the report, affidavit, or complaint, the~~

1726

~~victim, if any, and the law enforcement agency having~~

1727

~~investigative jurisdiction of the offense of the recommendation~~

1728

~~and the reasons therefor; and that the person or agency may~~

1729

~~submit, within 10 days after the receipt of such notice, the~~

1730

~~report, affidavit, or complaint to the state attorney for~~

1731

~~special review. The state attorney, upon receiving a request for~~

1732

~~special review, shall consider the facts presented by the~~

1733

~~report,~~ ~~affidavit, or complaint, and by the juvenile probation~~

1734

~~officer who made the recommendation that no petition be filed,~~

1735

~~before making a final decision as to whether a petition or~~

1736

~~information should or should not be filed.~~

1737

~~(c) Subject to the interagency agreement authorized under~~

1738

~~this paragraph, the juvenile probation officer for each case in~~

1739

~~which a child is alleged to have committed a violation of law or~~

1740

~~delinquent act and is not detained shall submit a written report~~

1741

~~to the state attorney, including the original report, complaint,~~

1742

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

1743

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

1744

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

1745

~~detention, the intake office report must be submitted within 24~~

1746

~~hours after the child is placed into detention. The intake~~

1747

~~office report may include a recommendation that a petition or~~

1748

~~information be filed or that no petition or information be~~

1749

~~filed, and may set forth reasons for the recommendation. The~~

1750

~~State Attorney and the Department of Juvenile Justice may, on a~~

1751

~~district-by-district basis, enter into interagency agreements~~

1752

~~denoting the cases that will require a recommendation and those~~

1753

~~for which a recommendation is unnecessary.~~

1754

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

1755

~~independent of the action or lack of action of the juvenile~~

1756

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

1757

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

1758

~~meets the criteria requiring prosecution as an adult pursuant to~~

1759

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

1760

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

1761

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

1762

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

1763

~~1. File a petition for dependency;~~

1764

~~2. File a petition pursuant to chapter 984;~~

1765

~~3. File a petition for delinquency;~~

1766

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

1767

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

1768

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

1769

~~6. Refer the case to a grand jury;~~

1770

~~7. Refer the child to a diversionary, pretrial~~

1771

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

1772

~~other treatment or care program if such program commitment is~~

1773

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

1774

~~legal guardians; or~~

1775

~~8. Decline to file.~~

1776

~~(e) In cases in which a delinquency report, affidavit, or~~

1777

~~complaint is filed by a law enforcement agency and the state~~

1778

~~attorney determines not to file a petition, the state attorney~~

1779

~~shall advise the clerk of the circuit court in writing that no~~

1780

~~petition will be filed thereon.~~

1781

(2)~~(5)~~ Prior to requesting that a delinquency petition be

1782

filed or prior to filing a dependency petition, the juvenile

1783

probation officer may request the parent or legal guardian of

1784

the child to attend a course of instruction in parenting skills,

1785

training in conflict resolution, and the practice of

1786

nonviolence; to accept counseling; or to receive other

1787

assistance from any agency in the community which notifies the

1788

clerk of the court of the availability of its services. Where

1789

appropriate, the juvenile probation officer shall request both

1790

parents or guardians to receive such parental assistance. The

1791

juvenile probation officer may, in determining whether to

1792

request that a delinquency petition be filed, take into

1793

consideration the willingness of the parent or legal guardian to

1794

comply with such request. The parent or guardian must provide

1795

the juvenile probation officer with identifying information,

1796

including the parent's or guardian's name, address, date of

1797

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

1798

identification card number in order to comply with s. 985.039

1799

~~985.2311~~.

1800

(3) When indicated by the comprehensive assessment, the

1801

department is authorized to contract within appropriated funds

1802

for services with a local nonprofit community mental health or

1803

substance abuse agency licensed or authorized under chapter 394

1804

or chapter 397 or other authorized nonprofit social service

1805

agency providing related services. The determination of mental

1806

health or substance abuse services shall be conducted in

1807

coordination with existing programs providing mental health or

1808

substance abuse services in conjunction with the intake office.

1809

(4) Client information resulting from the screening and

1810

evaluation shall be documented under rules established by the

1811

department and shall serve to assist the juvenile probation

1812

officer in providing the most appropriate services and

1813

recommendations in the least intrusive manner. Such client

1814

information shall be used in the multidisciplinary assessment

1815

and classification of the child, but such information, and any

1816

information obtained directly or indirectly through the

1817

assessment process, is inadmissible in court prior to the

1818

disposition hearing, unless the child's written consent is

1819

obtained. At the disposition hearing, documented client

1820

information shall serve to assist the court in making the most

1821

appropriate custody, adjudicatory, and dispositional decision.

1822

(5) If the screening and assessment indicate that the

1823

interest of the child and the public will be best served

1824

thereby, the juvenile probation officer, with the approval of

1825

the state attorney, may refer the child for care, diagnostic,

1826

and evaluation services; substance abuse treatment services;

1827

mental health services; retardation services; a diversionary,

1828

arbitration, or mediation program; community service work; or

1829

other programs or treatment services voluntarily accepted by the

1830

child and the child's parents or legal guardian. Whenever a

1831

child volunteers to participate in any work program under this

1832

chapter or volunteers to work in a specified state, county,

1833

municipal, or community service organization supervised work

1834

program or to work for the victim, the child shall be considered

1835

an employee of the state for the purposes of liability. In

1836

determining the child's average weekly wage, unless otherwise

1837

determined by a specific funding program, all remuneration

1838

received from the employer is considered a gratuity, and the

1839

child is not entitled to any benefits otherwise payable under s.

1840

440.15, regardless of whether the child may be receiving wages

1841

and remuneration from other employment with another employer and

1842

regardless of the child's future wage-earning capacity.

1843

(6) The victim, if any, and the law enforcement agency

1844

that investigated the offense shall be notified immediately by

1845

the state attorney of the action taken under subsection (5).

1846

Section 25. Section 985.15, Florida Statutes, is created

1847

to read:

1848

985.15 Filing decisions.--

1849

(1) The state attorney may in all cases take action

1850

independent of the action or lack of action of the juvenile

1851

probation officer and shall determine the action that is in the

1852

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

1853

the criteria requiring prosecution as an adult under s. 985.556,

1854

the state attorney shall request the court to transfer and

1855

certify the child for prosecution as an adult or shall provide

1856

written reasons to the court for not making such a request. In

1857

all other cases, the state attorney may:

1858

(a) File a petition for dependency;

1859

(b) File a petition under chapter 984;

1860

1861

(d) File a petition for delinquency with a motion to

1862

transfer and certify the child for prosecution as an adult;

1863

(e) File an information under s. 985.557;

1864

(f) Refer the case to a grand jury;

1865

(g) Refer the child to a diversionary, pretrial

1866

intervention, arbitration, or mediation program, or to some

1867

other treatment or care program if such program commitment is

1868

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

1869

legal guardian; or

1870

(h) Decline to file.

1871

(2) In cases in which a delinquency report, affidavit, or

1872

complaint is filed by a law enforcement agency and the state

1873

attorney determines not to file a petition, the state attorney

1874

shall advise the clerk of the circuit court in writing that no

1875

petition will be filed thereon.

1876

Section 26. Section 985.303, Florida Statutes, is

1877

renumbered as section 985.155, Florida Statutes.

1878

Section 27. Section 985.304, Florida Statutes, is

1879

renumbered as section 985.16, Florida Statutes, and subsection

1880

(3) of said section is amended to read:

1881

985.16 ~~985.304~~ Community arbitration.--

1882

(3) COMMUNITY ARBITRATORS.--The chief judge of each

1883

judicial circuit shall maintain a list of qualified persons who

1884

have agreed to serve as community arbitrators for the purpose of

1885

carrying out the provisions of this chapter ~~part~~. Community

1886

arbitrators shall meet the qualification and training

1887

requirements adopted in rule by the Supreme Court. Whenever

1888

possible, qualified volunteers shall be used as community

1889

arbitrators.

1890

(a) Each community arbitrator or member of a community

1891

arbitration panel shall be selected by the chief judge of the

1892

circuit, the senior circuit court judge assigned to juvenile

1893

cases in the circuit, and the state attorney. A community

1894

arbitrator or, in the case of a panel, the chief arbitrator

1895

shall have such powers as are necessary to conduct the

1896

proceedings in a fair and expeditious manner.

1897

(b) A community arbitrator or member of a community

1898

arbitration panel shall be trained or experienced in juvenile

1899

causes and shall be:

1900

1. Either a graduate of an accredited law school or of an

1901

accredited school with a degree in behavioral social work or

1902

trained in conflict resolution techniques; and

1903

2. A person of the temperament necessary to deal properly

1904

with cases involving children and with the family crises likely

1905

to be presented to him or her.

1906

Section 28. Subsections (1) through (4) and (5) through

1907

(8) of section 985.224, Florida Statutes, are renumbered,

1908

respectively, as subsections (1) through (4) and (6) through (9)

1909

of section 985.18, Florida Statutes, and paragraph (e) of

1910

subsection (10) of section 985.215, Florida Statutes, is

1911

renumbered as subsection (5) of section 985.18, Florida

1912

Statutes.

1913

Section 29. Subsections (1) and (2) of section 985.229,

1914

Florida Statutes, are renumbered as section 985.185, Florida

1915

Statutes, and amended to read:

1916

985.185 Evaluations for disposition.--

1917

(1) ~~Upon a finding that the child has committed a~~

1918

~~delinquent act, the court may order a predisposition report~~

1919

~~regarding the eligibility of the child for disposition other~~

1920

~~than by adjudication and commitment to the department or for~~

1921

~~disposition of adjudication, commitment to the department, and,~~

1922

~~if appropriate, assignment of a residential commitment level.~~

1923

~~The predisposition report shall be the result of the~~

1924

~~multidisciplinary assessment when such assessment is needed, and~~

1925

~~of the classification and placement process, and it shall~~

1926

~~indicate and report the child's priority needs, recommendations~~

1927

~~as to a classification of risk for the child in the context of~~

1928

~~his or her program and supervision needs, and a plan for~~

1929

~~treatment that recommends the most appropriate placement setting~~

1930

~~to meet the child's needs with the minimum program security that~~

1931

~~reasonably ensures public safety. A predisposition report shall~~

1932

~~be ordered for any child for whom a residential commitment~~

1933

~~disposition is anticipated or recommended by an officer of the~~

1934

~~court or by the department.~~ A comprehensive evaluation for

1935

physical health, mental health, substance abuse, academic,

1936

educational, or vocational problems shall be ordered for any

1937

child for whom a residential commitment disposition is

1938

anticipated or recommended by an officer of the court or by the

1939

department. ~~If a comprehensive evaluation is ordered, the~~

1940

~~predisposition report shall include a summary of the~~

1941

~~comprehensive evaluation. The predisposition report shall be~~

1942

~~submitted to the court upon completion of the report but no~~

1943

~~later than 48 hours prior to the disposition hearing. The~~

1944

~~predisposition report shall not be reviewed by the court without~~

1945

~~the consent of the child and his or her legal counsel until the~~

1946

~~child has been found to have committed a delinquent act.~~

1947

(2) ~~The court shall consider the child's entire assessment~~

1948

~~and predisposition report and shall review the records of~~

1949

~~earlier judicial proceedings~~ Prior to making a final disposition

1950

of the case,. the court may, by order, require additional

1951

evaluations and studies to be performed by the department, by

1952

the county school system, or by any social, psychological, or

1953

psychiatric agencies of the state. The court shall order the

1954

educational needs assessment completed under s. 985.18(2)

1955

~~pursuant to s. 985.224(2)~~ to be included in the assessment and

1956

predisposition report.

1957

Section 30. Sections 985.223 and 985.418, Florida

1958

Statutes, are renumbered, respectively, as sections 985.19 and

1959

985.195, Florida Statutes.

1960

Section 31. Subsections (1) and (4) of section 985.213,

1961

Florida Statutes, are renumbered as subsections (1) and (4) of

1962

section 985.24, Florida Statutes, and subsections (1) and (2) of

1963

section 985.214, Florida Statutes, are renumbered as subsections

1964

(2) and (3) of section 985.24, Florida Statutes, and amended to

1965

read:

1966

985.24 ~~985.213~~ Use of detention; prohibitions.--

1967

(1) All determinations and court orders regarding the use

1968

of secure, nonsecure, or home detention shall be based primarily

1969

upon findings that the child:

1970

(a) Presents a substantial risk of not appearing at a

1971

subsequent hearing;

1972

(b) Presents a substantial risk of inflicting bodily harm

1973

on others as evidenced by recent behavior;

1974

1975

prior to adjudication, disposition, or placement;

1976

(d) Has committed contempt of court by:

1977

1. Intentionally disrupting the administration of the

1978

court;

1979

2. Intentionally disobeying a court order; or

1980

3. Engaging in a punishable act or speech in the court's

1981

presence which shows disrespect for the authority and dignity of

1982

the court; or

1983

(e) Requests protection from imminent bodily harm.

1984

~~985.214 Prohibited uses of detention.--~~

1985

(2)~~(1)~~ A child alleged to have committed a delinquent act

1986

or violation of law may not be placed into secure, nonsecure, or

1987

home detention care for any of the following reasons:

1988

(a) To allow a parent to avoid his or her legal

1989

responsibility.

1990

(b) To permit more convenient administrative access to the

1991

child.

1992

1993

(d) Due to a lack of more appropriate facilities.

1994

(3)~~(2)~~ A child alleged to be dependent under ~~part II of~~

1995

chapter 39 may not, under any circumstances, be placed into

1996

secure detention care.

1997

(4) The department ~~of Juvenile Justice~~ shall continue to

1998

identify alternatives to secure detention care and shall develop

1999

such alternatives and annually submit them to the Legislature

2000

for authorization and appropriation.

2001

Section 32. Subsection (2) of section 985.213, Florida

2002

Statutes, is renumbered as section 985.245, Florida Statutes,

2003

and amended to read:

2004

985.245 Risk assessment instrument.--

2005

(1)~~(2)(a)~~ All determinations and court orders regarding

2006

placement of a child into detention care shall comply with all

2007

requirements and criteria provided in this part and shall be

2008

based on a risk assessment of the child, unless the child is

2009

placed into detention care as provided in s. 985.255(2)

2010

~~subparagraph (b)3~~.

2011

(2)(a)~~(b)1.~~ The risk assessment instrument for detention

2012

care placement determinations and orders shall be developed by

2013

the department ~~of Juvenile Justice~~ in agreement with

2014

representatives appointed by the following associations: the

2015

Conference of Circuit Judges of Florida, the Prosecuting

2016

Attorneys Association, the Public Defenders Association, the

2017

Florida Sheriffs Association, and the Florida Association of

2018

Chiefs of Police. Each association shall appoint two

2019

individuals, one representing an urban area and one representing

2020

a rural area. The parties involved shall evaluate and revise the

2021

risk assessment instrument as is considered necessary using the

2022

method for revision as agreed by the parties.

2023

(b) The risk assessment instrument shall take into

2024

consideration, but need not be limited to, prior history of

2025

failure to appear, prior offenses, offenses committed pending

2026

adjudication, any unlawful possession of a firearm, theft of a

2027

motor vehicle or possession of a stolen motor vehicle, and

2028

probation status at the time the child is taken into custody.

2029

The risk assessment instrument shall also take into

2030

consideration appropriate aggravating and mitigating

2031

circumstances, and shall be designed to target a narrower

2032

population of children than s. 985.255 ~~985.215(2)~~. The risk

2033

assessment instrument shall also include any information

2034

concerning the child's history of abuse and neglect. The risk

2035

assessment shall indicate whether detention care is warranted,

2036

and, if detention care is warranted, whether the child should be

2037

placed into secure, nonsecure, or home detention care.

2038

(3)2. If, at the detention hearing, the court finds a

2039

material error in the scoring of the risk assessment instrument,

2040

the court may amend the score to reflect factual accuracy.

2041

~~3. A child who is charged with committing an offense of~~

2042

~~domestic violence as defined in s. 741.28 and who does not meet~~

2043

~~detention criteria may be held in secure detention if the court~~

2044

~~makes specific written findings that:~~

2045

~~a. Respite care for the child is not available; and~~

2046

~~b. It is necessary to place the child in secure detention~~

2047

~~in order to protect the victim from injury.~~

2048

2049

~~The child may not be held in secure detention under this~~

2050

~~subparagraph for more than 48 hours unless ordered by the court.~~

2051

~~After 48 hours, the court shall hold a hearing if the state~~

2052

~~attorney or victim requests that secure detention be continued.~~

2053

~~The child may continue to be held in detention care if the court~~

2054

~~makes a specific, written finding that detention care is~~

2055

~~necessary to protect the victim from injury. However, the child~~

2056

~~may not be held in detention care beyond the time limits set~~

2057

~~forth in s. 985.215.~~

2058

(4)4. For a child who is under the supervision of the

2059

department through probation, home detention, nonsecure

2060

detention, conditional release, postcommitment probation, or

2061

commitment and who is charged with committing a new offense, the

2062

risk assessment instrument may be completed and scored based on

2063

the underlying charge for which the child was placed under the

2064

supervision of the department and the new offense.

2065

Section 33. Subsection (1) and paragraph (b) of subsection

2066

(5) of section 985.215, Florida Statutes, are renumbered as

2067

section 985.25, Florida Statutes, and amended to read:

2068

985.25 ~~985.215~~ Detention intake.--

2069

(1) The juvenile probation officer shall receive custody

2070

of a child who has been taken into custody from the law

2071

enforcement agency and shall review the facts in the law

2072

enforcement report or probable cause affidavit and make such

2073

further inquiry as may be necessary to determine whether

2074

detention care is required.

2075

(a) During the period of time from the taking of the child

2076

into custody to the date of the detention hearing, the initial

2077

decision as to the child's placement into secure detention care,

2078

nonsecure detention care, or home detention care shall be made

2079

by the juvenile probation officer under ss. 985.24 and

2080

985.245(1) ~~pursuant to ss. 985.213 and 985.214~~.

2081

(b) The juvenile probation officer shall base the decision

2082

whether or not to place the child into secure detention care,

2083

home detention care, or nonsecure detention care on an

2084

assessment of risk in accordance with the risk assessment

2085

instrument and procedures developed by the department of

2086

~~Juvenile Justice~~ under s. 985.245 ~~985.213~~. However, a child

2087

charged with possessing or discharging a firearm on school

2088

property in violation of s. 790.115 shall be placed in secure

2089

detention care.

2090

2091

child who is eligible for detention based upon the results of

2092

the risk assessment instrument should be released, the juvenile

2093

probation officer shall contact the state attorney, who may

2094

authorize release. If detention is not authorized, the child may

2095

be released by the juvenile probation officer in accordance with

2096

ss. 985.115 and 985.13 ~~s. 985.211~~.

2097

2098

Under no circumstances shall the juvenile probation officer or

2099

the state attorney or law enforcement officer authorize the

2100

detention of any child in a jail or other facility intended or

2101

used for the detention of adults, without an order of the court.

2102

(2)~~(5)~~

2103

~~(b)~~ The arresting law enforcement agency shall complete

2104

and present its investigation of an offense ~~under this~~

2105

~~subsection~~ to the appropriate state attorney's office within 8

2106

days after placement of the child in secure detention. The

2107

investigation shall include, but is not limited to, police

2108

reports and supplemental police reports, witness statements, and

2109

evidence collection documents. The failure of a law enforcement

2110

agency to complete and present its investigation within 8 days

2111

shall not entitle a juvenile to be released from secure

2112

detention or to a dismissal of any charges.

2113

Section 34. Subsection (2) of section 985.215, Florida

2114

Statutes, is renumbered as section 985.255, Florida Statutes,

2115

and amended to read:

2116

985.255 Detention criteria; detention hearing.--

2117

(1)~~(2)~~ Subject to s. 985.25(1) ~~the provisions of~~

2118

~~subsection (1)~~, a child taken into custody and placed into

2119

nonsecure or home detention care or detained in secure detention

2120

care prior to a detention hearing may continue to be detained by

2121

the court if:

2122

(a) The child is alleged to be an escapee or an absconder

2123

from a commitment program, a probation program, or conditional

2124

release supervision, or is alleged to have escaped while being

2125

lawfully transported to or from such program or supervision.

2126

(b) The child is wanted in another jurisdiction for an

2127

offense which, if committed by an adult, would be a felony.

2128

2129

violation of law and requests in writing through legal counsel

2130

to be detained for protection from an imminent physical threat

2131

to his or her personal safety.

2132

(d) The child is charged with committing an offense of

2133

domestic violence as defined in s. 741.28 and is detained as

2134

provided in subsection (2) ~~s. 985.213(2)(b)3~~.

2135

(e) The child is charged with possession or discharging a

2136

firearm on school property in violation of s. 790.115.

2137

(f) The child is charged with a capital felony, a life

2138

felony, a felony of the first degree, a felony of the second

2139

degree that does not involve a violation of chapter 893, or a

2140

felony of the third degree that is also a crime of violence,

2141

including any such offense involving the use or possession of a

2142

firearm.

2143

(g) The child is charged with any second degree or third

2144

degree felony involving a violation of chapter 893 or any third

2145

degree felony that is not also a crime of violence, and the

2146

child:

2147

1. Has a record of failure to appear at court hearings

2148

after being properly notified in accordance with the Rules of

2149

Juvenile Procedure;

2150

2. Has a record of law violations prior to court hearings;

2151

3. Has already been detained or has been released and is

2152

awaiting final disposition of the case;

2153

4. Has a record of violent conduct resulting in physical

2154

injury to others; or

2155

5. Is found to have been in possession of a firearm.

2156

(h) The child is alleged to have violated the conditions

2157

of the child's probation or conditional release supervision.

2158

However, a child detained under this paragraph may be held only

2159

in a consequence unit as provided in s. 985.439

2160

~~985.231(1)(a)1.c~~. If a consequence unit is not available, the

2161

child shall be placed on home detention with electronic

2162

monitoring.

2163

(i) The child is detained on a judicial order for failure

2164

to appear and has previously willfully failed to appear, after

2165

proper notice, for an adjudicatory hearing on the same case

2166

regardless of the results of the risk assessment instrument. A

2167

child may be held in secure detention for up to 72 hours in

2168

advance of the next scheduled court hearing pursuant to this

2169

paragraph. The child's failure to keep the clerk of court and

2170

defense counsel informed of a current and valid mailing address

2171

where the child will receive notice to appear at court

2172

proceedings does not provide an adequate ground for excusal of

2173

the child's nonappearance at the hearings.

2174

(j) The child is detained on a judicial order for failure

2175

to appear and has previously willfully failed to appear, after

2176

proper notice, at two or more court hearings of any nature on

2177

the same case regardless of the results of the risk assessment

2178

instrument. A child may be held in secure detention for up to 72

2179

hours in advance of the next scheduled court hearing pursuant to

2180

this paragraph. The child's failure to keep the clerk of court

2181

and defense counsel informed of a current and valid mailing

2182

address where the child will receive notice to appear at court

2183

proceedings does not provide an adequate ground for excusal of

2184

the child's nonappearance at the hearings.

2185

(2) A child who is charged with committing an offense of

2186

domestic violence as defined in s. 741.28 and who does not meet

2187

detention criteria may be held in secure detention if the court

2188

makes specific written findings that:

2189

(a) Respite care for the child is not available.

2190

(b) It is necessary to place the child in secure detention

2191

in order to protect the victim from injury.

2192

2193

The child may not be held in secure detention under this

2194

subsection for more than 48 hours unless ordered by the court.

2195

After 48 hours, the court shall hold a hearing if the state

2196

attorney or victim requests that secure detention be continued.

2197

The child may continue to be held in detention care if the court

2198

makes a specific, written finding that detention care is

2199

necessary to protect the victim from injury. However, the child

2200

may not be held in detention care beyond the time limits set

2201

forth in this section or s. 985.26.

2202

(3)(a) A child who meets any of the ~~these~~ criteria in

2203

subsection (1) and who is ordered to be detained under that

2204

~~pursuant to this~~ subsection shall be given a hearing within 24

2205

hours after being taken into custody. The purpose of the

2206

detention hearing is to determine the existence of probable

2207

cause that the child has committed the delinquent act or

2208

violation of law that ~~with which~~ he or she is charged with and

2209

the need for continued detention. Unless a child is detained

2210

under paragraph (1)(d) or paragraph (1)(e), the court shall use

2211

~~utilize~~ the results of the risk assessment performed by the

2212

juvenile probation officer and, based on the criteria in ~~this~~

2213

subsection (1), shall determine the need for continued

2214

detention. A child placed into secure, nonsecure, or home

2215

detention care may continue to be so detained by the court

2216

~~pursuant to this subsection~~.

2217

(b) If the court orders a placement more restrictive than

2218

indicated by the results of the risk assessment instrument, the

2219

court shall state, in writing, clear and convincing reasons for

2220

such placement.

2221

2222

~~subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or~~

2223

~~paragraph (10)(d)~~, when a child is placed into secure or

2224

nonsecure detention care, or into a respite home or other

2225

placement pursuant to a court order following a hearing, the

2226

court order must include specific instructions that direct the

2227

release of the child from such placement no later than 5 p.m. on

2228

the last day of the detention period specified in s. 985.26 or

2229

s. 985.27 ~~paragraph (5)(b) or paragraph (5)(c), or subparagraph~~

2230

~~(10)(a)1.~~, whichever is applicable, unless the requirements of

2231

such applicable provision have been met or an order of

2232

continuance has been granted under s. 985.26(4) ~~pursuant to~~

2233

~~paragraph (5)(f)~~.

2234

Section 35. Paragraphs (c) and (g) of subsection (5) of

2235

section 985.215, Florida Statutes, are renumbered as subsection

2236

(2) of section 985.26, Florida Statutes, paragraphs (a), (d),

2237

(e), and (f) of subsection (5) of section 985.215, Florida

2238

Statutes, are renumbered, respectively, as subsections (1), (3),

2239

(5), and (4) of section 985.26, Florida Statutes, and subsection

2240

(7) of section 985.215, Florida Statutes, is renumbered as

2241

subsection (6) of section 985.26, Florida Statutes, and amended

2242

to read:

2243

985.26 Length of detention.--

2244

(1)~~(5)(a)~~ A child may not be placed into or held in

2245

secure, nonsecure, or home detention care for longer than 24

2246

hours unless the court orders such detention care, and the order

2247

includes specific instructions that direct the release of the

2248

child from such detention care, in accordance with 985.255

2249

~~subsection (2)~~. The order shall be a final order, reviewable by

2250

appeal under ~~pursuant to~~ s. 985.534 ~~985.234~~ and the Florida

2251

Rules of Appellate Procedure. Appeals of such orders shall take

2252

precedence over other appeals and other pending matters.

2253

(2)~~(c)~~ ~~Except as provided in paragraph (g),~~ A child may

2254

not be held in secure, nonsecure, or home detention care under a

2255

special detention order for more than 21 days unless an

2256

adjudicatory hearing for the case has been commenced in good

2257

faith by the court. However, upon good cause being shown that

2258

the nature of the charge requires additional time for the

2259

prosecution or defense of the case, the court may extend the

2260

length of detention for an additional 9 days if the child is

2261

charged with an offense that would be, if committed by an adult,

2262

a capital felony, a life felony, a felony of the first degree,

2263

or a felony of the second degree involving violence against any

2264

individual.

2265

(3)~~(d)~~ Except as provided in subsection (2) ~~paragraph (g)~~,

2266

a child may not be held in secure, nonsecure, or home detention

2267

care for more than 15 days following the entry of an order of

2268

adjudication.

2269

(4)~~(f)~~ The time limits in subsections (2) and (3)

2270

~~paragraphs (c) and (d)~~ do not include periods of delay resulting

2271

from a continuance granted by the court for cause on motion of

2272

the child or his or her counsel or of the state. Upon the

2273

issuance of an order granting a continuance for cause on a

2274

motion by either the child, the child's counsel, or the state,

2275

the court shall conduct a hearing at the end of each 72-hour

2276

period, excluding Saturdays, Sundays, and legal holidays, to

2277

determine the need for continued detention of the child and the

2278

need for further continuance of proceedings for the child or the

2279

state.

2280

(5)~~(e)~~ A child who was not in secure detention at the time

2281

of the adjudicatory hearing, but for whom residential commitment

2282

is anticipated or recommended, may be placed under a special

2283

detention order for a period not to exceed 72 hours, excluding

2284

weekends and legal holidays, for the purpose of conducting a

2285

comprehensive evaluation as provided in s. 985.185 ~~985.229(1)~~.

2286

Motions for the issuance of such special detention order may be

2287

made subsequent to a finding of delinquency. Upon said motion,

2288

the court shall conduct a hearing to determine the

2289

appropriateness of such special detention order and shall order

2290

the least restrictive level of detention necessary to complete

2291

the comprehensive evaluation process that is consistent with

2292

public safety. Such special detention order may be extended for

2293

an additional 72 hours upon further order of the court.

2294

~~(g) Upon good cause being shown that the nature of the~~

2295

~~charge requires additional time for the prosecution or defense~~

2296

~~of the case, the court may extend the time limits for detention~~

2297

~~specified in paragraph (c) an additional 9 days if the child is~~

2298

~~charged with an offense that would be, if committed by an adult,~~

2299

~~a capital felony, a life felony, a felony of the first degree,~~

2300

~~or a felony of the second degree involving violence against any~~

2301

~~individual.~~

2302

(6)~~(7)~~ If a child is detained and a petition for

2303

delinquency is filed, the child shall be arraigned in accordance

2304

with the Florida Rules of Juvenile Procedure within 48 hours

2305

after the filing of the petition for delinquency.

2306

Section 36. Subsections (4), (8), (9), and (11) of section

2307

985.215, Florida Statutes, are renumbered, respectively, as

2308

subsections (5), (1), (2), and (3) of section 985.265, Florida

2309

Statutes, and subsection (3) of section 985.213, Florida

2310

Statutes, is renumbered as subsection (4) of section 985.265,

2311

Florida Statutes, and amended to read:

2312

985.265 Detention transfer and release; education; adult

2313

jails.--

2314

(1)~~(8)~~ If a child is detained under ~~pursuant to~~ this part

2315

~~section~~, the department ~~of Juvenile Justice~~ may transfer the

2316

child from nonsecure or home detention care to secure detention

2317

care only if significantly changed circumstances warrant such

2318

transfer.

2319

(2)~~(9)~~ If a child is on release status and not detained

2320

under ~~pursuant to~~ this part ~~section~~, the child may be placed

2321

into secure, nonsecure, or home detention care only pursuant to

2322

a court hearing in which the original risk assessment

2323

instrument, rescored based on newly discovered evidence or

2324

changed circumstances with the results recommending detention,

2325

is introduced into evidence.

2326

(3)~~(11)~~(a) When a juvenile sexual offender is placed in

2327

detention, detention staff shall provide appropriate monitoring

2328

and supervision to ensure the safety of other children in the

2329

facility.

2330

(b) When a juvenile sexual offender, under ~~pursuant to~~

2331

this subsection, is released from detention or transferred to

2332

home detention or nonsecure detention, detention staff shall

2333

immediately notify the appropriate law enforcement agency and

2334

school personnel.

2335

(4)~~(3)~~(a) While a child who is currently enrolled in

2336

school is in nonsecure or home detention care, the child shall

2337

continue to attend school unless otherwise ordered by the court.

2338

(b) While a child is in secure detention care, the child

2339

shall receive education commensurate with his or her grade level

2340

and educational ability.

2341

(5)~~(4)~~ The court shall order the delivery of a child to a

2342

jail or other facility intended or used for the detention of

2343

adults:

2344

(a) When the child has been transferred or indicted for

2345

criminal prosecution as an adult under ~~pursuant to this~~ part X,

2346

except that the court may not order or allow a child alleged to

2347

have committed a misdemeanor who is being transferred for

2348

criminal prosecution pursuant to either s. 985.556 ~~985.226~~ or s.

2349

985.557 ~~985.227~~ to be detained or held in a jail or other

2350

facility intended or used for the detention of adults; however,

2351

such child may be held temporarily in a detention facility; or

2352

(b) When a child taken into custody in this state is

2353

wanted by another jurisdiction for prosecution as an adult.

2354

2355

The child shall be housed separately from adult inmates to

2356

prohibit a child from having regular contact with incarcerated

2357

adults, including trustees. "Regular contact" means sight and

2358

sound contact. Separation of children from adults shall permit

2359

no more than haphazard or accidental contact. The receiving jail

2360

or other facility shall contain a separate section for children

2361

and shall have an adequate staff to supervise and monitor the

2362

child's activities at all times. Supervision and monitoring of

2363

children includes physical observation and documented checks by

2364

jail or receiving facility supervisory personnel at intervals

2365

not to exceed 15 minutes. This paragraph does not prohibit

2366

placing two or more children in the same cell. Under no

2367

circumstances shall a child be placed in the same cell with an

2368

adult.

2369

Section 37. Paragraphs (a) through (d) and paragraph (f)

2370

of subsection (10) of section 985.215, Florida Statutes, are

2371

renumbered as section 985.27, Florida Statutes, and amended to

2372

read:

2373

985.27 Postcommitment detention while awaiting

2374

placement.--

2375

(1)~~(10)(a)1. When a child is committed to the Department~~

2376

~~of Juvenile Justice awaiting dispositional placement, removal of~~

2377

~~the child from detention care shall occur within 5 days,~~

2378

~~excluding Saturdays, Sundays, and legal holidays. Any child held~~

2379

~~in secure detention during the 5 days must meet detention~~

2380

~~admission criteria pursuant to this section. If the child is~~

2381

~~committed to a moderate-risk residential program, the department~~

2382

~~may seek an order from the court authorizing continued detention~~

2383

~~for a specific period of time necessary for the appropriate~~

2384

~~residential placement of the child. However, such continued~~

2385

~~detention in secure detention care may not exceed 15 days after~~

2386

~~commitment, excluding Saturdays, Sundays, and legal holidays,~~

2387

~~and except as otherwise provided in this subsection.~~

2388

2. The court must place all children who are adjudicated

2389

and awaiting placement in a residential commitment program in

2390

detention care. Children who are in home detention care or

2391

nonsecure detention care may be placed on electronic monitoring.

2392

(a) A child who is awaiting placement in a low-risk

2393

residential program must be removed from detention within 5

2394

days, excluding Saturdays, Sundays, and legal holidays. Any

2395

child held in secure detention during the 5 days must meet

2396

detention admission criteria under this part.

2397

~~(b)~~ A child who is placed in home detention care,

2398

nonsecure detention care, or home or nonsecure detention care

2399

with electronic monitoring, while awaiting placement in a low-

2400

risk ~~or moderate-risk~~ program, may be held in secure detention

2401

care for 5 days, if the child violates the conditions of the

2402

home detention care, the nonsecure detention care, or the

2403

electronic monitoring agreement. For any subsequent violation,

2404

the court may impose an additional 5 days in secure detention

2405

care.

2406

(b) A child who is awaiting placement in a moderate-risk

2407

residential program must be removed from detention within 5

2408

days, excluding Saturdays, Sundays, and legal holidays. Any

2409

child held in secure detention during the 5 days must meet

2410

detention admission criteria under this part. The department may

2411

seek an order from the court authorizing continued detention for

2412

a specific period of time necessary for the appropriate

2413

residential placement of the child. However, such continued

2414

detention in secure detention care may not exceed 15 days after

2415

entry of the commitment order, excluding Saturdays, Sundays, and

2416

legal holidays, and except as otherwise provided in this

2417

section. A child who is placed in home detention care, nonsecure

2418

detention care, or home or nonsecure detention care with

2419

electronic monitoring, while awaiting placement in a moderate-

2420

risk program, may be held in secure detention care for 5 days,

2421

if the child violates the conditions of the home detention care,

2422

the nonsecure detention care, or the electronic monitoring

2423

agreement. For any subsequent violation, the court may impose an

2424

additional 5 days in secure detention care.

2425

2426

program, the child must be held in detention care until

2427

placement or commitment is accomplished.

2428

(d) If the child is committed to a maximum-risk

2429

residential program, the child must be held in detention care

2430

until placement or commitment is accomplished.

2431

(2)~~(f)~~ Regardless of detention status, a child being

2432

transported by the department to a commitment facility of the

2433

department may be placed in secure detention overnight, not to

2434

exceed a 24-hour period, for the specific purpose of ensuring

2435

the safe delivery of the child to his or her commitment program,

2436

court, appointment, transfer, or release.

2437

Section 38. Section 985.208, Florida Statutes, is

2438

renumbered as section 985.275, Florida Statutes, and amended to

2439

read:

2440

985.275 ~~985.208~~ Detention of escapee on authority of the

2441

department.--

2442

(1) If an authorized agent of the department has

2443

reasonable grounds to believe that any delinquent child

2444

committed to the department has escaped from a facility of the

2445

department or from being lawfully transported thereto or

2446

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

2447

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

2448

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

2449

may not be held in detention longer than 24 hours, excluding

2450

Saturdays, Sundays, and legal holidays, unless a special order

2451

so directing is made by the judge after a detention hearing

2452

resulting in a finding that detention is required based on the

2453

criteria in s. 985.255 ~~985.215(2)~~. The order shall state the

2454

reasons for such finding. The reasons shall be reviewable by

2455

appeal or in habeas corpus proceedings in the district court of

2456

appeal.

2457

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

2458

request of the secretary of the department or duly authorized

2459

agent, shall take a child who has escaped or absconded from a

2460

department facility for committed delinquent children, or from

2461

being lawfully transported thereto or therefrom, into custody

2462

and deliver the child to the appropriate juvenile probation

2463

officer of the department.

2464

Section 39. Section 985.218, Florida Statutes, is

2465

renumbered as section 985.318, Florida Statutes.

2466

Section 40. Subsections (1) through (7) and (9) through

2467

(12) of section 985.219, Florida Statutes, are renumbered as

2468

subsections (1) through (11) of section 985.319, Florida

2469

Statutes, and subsection (6) of said section is amended to read:

2470

985.319 ~~985.219~~ Process and service.--

2471

(6) If the petition alleges that the child has committed a

2472

delinquent act or violation of law and the judge deems it

2473

advisable to do so, under ~~pursuant to~~ the criteria of s. 985.255

2474

~~s. 985.215~~, the judge may, by endorsement upon the summons and

2475

after the entry of an order in which valid reasons are

2476

specified, order the child to be taken into custody immediately,

2477

and in such case the person serving the summons shall

2478

immediately take the child into custody.

2479

Section 41. Section 985.22, Florida Statutes, is

2480

renumbered as section 985.325, Florida Statutes, and amended to

2481

read:

2482

985.325 ~~985.22~~ Threatening or dismissing an employee

2483

prohibited.--

2484

(1) An employer, or the employer's agent, may not dismiss

2485

from employment an employee who is summoned to appear before the

2486

court under s. 985.319 ~~985.219~~ solely because of the nature of

2487

the summons or because the employee complies with the summons.

2488

(2) If an employer, or the employer's agent, threatens an

2489

employee with dismissal, or dismisses an employee, who is

2490

summoned to appear under s. 985.319 ~~985.219~~, the court may hold

2491

the employer in contempt.

2492

Section 42. Sections 985.221, 985.222, and 985.306,

2493

Florida Statutes, are renumbered, respectively, as sections

2494

985.331, 985.335, and 985.345, Florida Statutes.

2495

Section 43. Section 985.228, Florida Statutes, is

2496

renumbered as section 985.35, Florida Statutes, and amended to

2497

read:

2498

985.35 ~~985.228~~ Adjudicatory hearings; withheld

2499

adjudications; orders of adjudication.--

2500

(1) The adjudicatory hearing must be held as soon as

2501

practicable after the petition alleging that a child has

2502

committed a delinquent act or violation of law is filed and in

2503

accordance with the Florida Rules of Juvenile Procedure; but

2504

reasonable delay for the purpose of investigation, discovery, or

2505

procuring counsel or witnesses shall be granted. If the child is

2506

being detained, the time limitations ~~provided for~~ in s.

2507

985.26(2) and (3) ~~985.215(5)(c) and (d)~~ apply.

2508

(2) Adjudicatory hearings shall be conducted without a

2509

jury by the court, applying in delinquency cases the rules of

2510

evidence in use in criminal cases; adjourning the hearings from

2511

time to time as necessary; and conducting a fundamentally fair

2512

hearing in language understandable, to the fullest extent

2513

practicable, to the child before the court.

2514

(a) In a hearing on a petition alleging that a child has

2515

committed a delinquent act or violation of law, the evidence

2516

must establish the findings beyond a reasonable doubt.

2517

(b) The child is entitled to the opportunity to introduce

2518

evidence and otherwise be heard in the child's own behalf and to

2519

cross-examine witnesses.

2520

2521

law must be afforded all rights against self-incrimination.

2522

Evidence illegally seized or obtained may not be received to

2523

establish the allegations against the child.

2524

(3) If the court finds that the child named in a petition

2525

has not committed a delinquent act or violation of law, it shall

2526

enter an order so finding and dismissing the case.

2527

(4) If the court finds that the child named in the

2528

petition has committed a delinquent act or violation of law, it

2529

may, in its discretion, enter an order stating the facts upon

2530

which its finding is based but withholding adjudication of

2531

delinquency.

2532

(a) Upon withholding adjudication of delinquency, the

2533

court may place ~~and placing~~ the child in a probation program

2534

under the supervision of the department or under the supervision

2535

of any other person or agency specifically authorized and

2536

appointed by the court. The court may, as a condition of the

2537

program, impose as a penalty component restitution in money or

2538

in kind, community service, a curfew, urine monitoring,

2539

revocation or suspension of the driver's license of the child,

2540

or other nonresidential punishment appropriate to the offense,

2541

and may impose as a rehabilitative component a requirement of

2542

participation in substance abuse treatment, or school or other

2543

educational program attendance.

2544

(b) If the child is attending public school and the court

2545

finds that the victim or a sibling of the victim in the case was

2546

assigned to attend or is eligible to attend the same school as

2547

the child, the court order shall include a finding pursuant to

2548

the proceedings described in s. 985.455, regardless of whether

2549

adjudication is withheld ~~985.23(1)(d)~~.

2550

2551

complied with the rules, restrictions, or conditions of the

2552

community-based program, the court may, after a hearing to

2553

establish the lack of compliance, but without further evidence

2554

of the state of delinquency, enter an adjudication of

2555

delinquency and shall thereafter have full authority under this

2556

chapter to deal with the child as adjudicated.

2557

(5) If the court finds that the child named in a petition

2558

has committed a delinquent act or violation of law, but elects

2559

not to proceed under subsection (4), it shall incorporate that

2560

finding in an order of adjudication of delinquency entered in

2561

the case, briefly stating the facts upon which the finding is

2562

made, and the court shall thereafter have full authority under

2563

this chapter to deal with the child as adjudicated.

2564

(6) Except as the term "conviction" is used in chapter

2565

322, and except for use in a subsequent proceeding under this

2566

chapter, an adjudication of delinquency by a court with respect

2567

to any child who has committed a delinquent act or violation of

2568

law shall not be deemed a conviction; nor shall the child be

2569

deemed to have been found guilty or to be a criminal by reason

2570

of that adjudication; nor shall that adjudication operate to

2571

impose upon the child any of the civil disabilities ordinarily

2572

imposed by or resulting from conviction or to disqualify or

2573

prejudice the child in any civil service application or

2574

appointment, with the exception of the use of records of

2575

proceedings under this chapter ~~part~~ as provided in s. 985.045(4)

2576

~~s. 985.05(4)~~.

2577

(7) Notwithstanding any other provision of law, an

2578

adjudication of delinquency for an offense classified as a

2579

felony shall disqualify a person from lawfully possessing a

2580

firearm until such person reaches 24 years of age.

2581

Section 44. Subsection (3) of section 985.229, Florida

2582

Statutes, is renumbered as subsection (3) of section 985.43,

2583

Florida Statutes, and section 985.43, Florida Statutes, is

2584

created to read:

2585

985.43 Predisposition reports; other evaluations.--

2586

(1) Upon a finding that the child has committed a

2587

delinquent act:

2588

(a) The court may order the department to prepare a

2589

predisposition report regarding the child's eligibility for

2590

disposition other than by adjudication and commitment to the

2591

department or for disposition of adjudication, commitment to the

2592

department, and, if appropriate, assignment of a residential

2593

commitment level. The predisposition report shall be the result

2594

of the multidisciplinary assessment when such assessment is

2595

needed, and of the classification and placement process, and it

2596

shall indicate and report the child's priority needs,

2597

recommendations as to a classification of risk for the child in

2598

the context of his or her program and supervision needs, and a

2599

plan for treatment that recommends the most appropriate

2600

placement setting to meet the child's needs with the minimum

2601

program security that reasonably ensures public safety. A

2602

predisposition report shall be ordered for any child for whom a

2603

residential commitment disposition is anticipated or recommended

2604

by an officer of the court or by the department.

2605

(b) A comprehensive evaluation for physical health; mental

2606

health; substance abuse; or academic, educational, or vocational

2607

problems shall be ordered for any child for whom a residential

2608

commitment disposition is anticipated or recommended by an

2609

officer of the court or by the department. If a comprehensive

2610

evaluation is ordered, the predisposition report shall include a

2611

summary of the comprehensive evaluation.

2612

2613

the adjudicatory hearing, but for whom residential commitment is

2614

anticipated or recommended, may be placed under a special

2615

detention order, as provided in s. 985.26(5), for the purpose of

2616

conducting a comprehensive evaluation.

2617

(2) The court shall consider the child's entire assessment

2618

and predisposition report and shall review the records of

2619

earlier judicial proceedings prior to making a final disposition

2620

of the case. The court may, by order, require additional

2621

evaluations and studies to be performed by the department, by

2622

the county school system, or by any social, psychological, or

2623

psychiatric agency of the state. The court shall order the

2624

educational needs assessment completed under s. 985.18(2) to be

2625

included in the assessment and predisposition report.

2626

(3) The predisposition report, together with all other

2627

reports and evaluations used by the department in preparing the

2628

predisposition report, shall be made available to the child, the

2629

child's parents or legal guardian, the child's legal counsel,

2630

and the state attorney upon completion of the report and at a

2631

reasonable time prior to the disposition hearing. The

2632

predisposition report shall be submitted to the court upon

2633

completion of the report but no later than 48 hours prior to the

2634

disposition hearing. The predisposition report shall not be

2635

reviewed by the court without the consent of the child and his

2636

or her legal counsel until the child has been found to have

2637

committed a delinquent act.

2638

Section 45. Section 985.23, Florida Statutes, is

2639

renumbered as section 985.433, Florida Statutes, and amended to

2640

read:

2641

985.433 ~~985.23~~ Disposition hearings in delinquency

2642

cases.--When a child has been found to have committed a

2643

delinquent act, the following procedures shall be applicable to

2644

the disposition of the case:

2645

(1)~~(7)~~ The court shall notify any victim of the offense,

2646

if such person is known and within the jurisdiction of the

2647

court, of the hearing.

2648

(2) The court ~~and~~ shall notify and summon or subpoena, if

2649

necessary, the parents, legal custodians, or guardians of the

2650

child to attend the disposition hearing if they reside in the

2651

state.

2652

2653

~~It is the intent of the Legislature that the criteria set forth~~

2654

~~in subsection (2) are general guidelines to be followed at the~~

2655

~~discretion of the court and not mandatory requirements of~~

2656

~~procedure. It is not the intent of the Legislature to provide~~

2657

~~for the appeal of the disposition made pursuant to this section.~~

2658

(3)~~(6)~~ The court may receive and consider any other

2659

relevant and material evidence, including other written or oral

2660

reports or statements, in its effort to determine the

2661

appropriate disposition to be made with regard to the child. The

2662

court may rely upon such evidence to the extent of its probative

2663

value, even though such evidence may not be technically

2664

competent in an adjudicatory hearing.

2665

(4)~~(1)~~ Before the court determines and announces the

2666

disposition to be imposed, it shall:

2667

(a) State clearly, using common terminology, the purpose

2668

of the hearing and the right of persons present as parties to

2669

comment at the appropriate time on the issues before the court.;

2670

(b) Discuss with the child his or her compliance with any

2671

home release plan or other plan imposed since the date of the

2672

offense.;

2673

2674

offense committed, the harm caused to the victim or others, and

2675

what penalty he or she should be required to pay for such

2676

transgression.~~; and~~

2677

(d) Give all parties, as well as the victim, or a

2678

representative of the victim, representatives of the school

2679

system, and the law enforcement officers involved in the case

2680

who are present at the hearing an opportunity to comment on the

2681

issue of disposition and any proposed rehabilitative plan.

2682

Parties to the case shall include the parents, legal custodians,

2683

or guardians of the child; the child's counsel; the state

2684

attorney; and representatives of the department~~; the victim if~~

2685

~~any, or his or her representative; representatives of the school~~

2686

~~system; and the law enforcement officers involved in the case.~~

2687

~~If the child is attending or is eligible to attend public school~~

2688

~~and the court finds that the victim or a sibling of the victim~~

2689

~~in the case is attending or may attend the same school as the~~

2690

~~child, the court shall, on its own motion or upon the request of~~

2691

~~any party or any parent or legal guardian of the victim,~~

2692

~~determine whether it is appropriate to enter a no contact order~~

2693

~~in favor of the victim or a sibling of the victim. If~~

2694

~~appropriate and acceptable to the victim and the victim's parent~~

2695

~~or parents or legal guardian, the court may reflect in the~~

2696

~~written disposition order that the victim or the victim's parent~~

2697

~~stated in writing or in open court that he or she did not object~~

2698

~~to the offender being permitted to attend the same school or~~

2699

~~ride on the same school bus as the victim or a sibling of the~~

2700

~~victim~~.

2701

(5) At the time of disposition, the court may make

2702

recommendations to the department as to specific treatment

2703

approaches to be employed.

2704

(6)~~(2)~~ The first determination to be made by the court is

2705

a determination of the suitability or nonsuitability for

2706

adjudication and commitment of the child to the department. This

2707

determination shall include consideration of the recommendations

2708

of the department, which may include a predisposition report.

2709

The predisposition report shall include, whether as part of the

2710

child's multidisciplinary assessment, classification, and

2711

placement process components or separately, evaluation of the

2712

following criteria:

2713

(a) The seriousness of the offense to the community. If

2714

the court determines under chapter 874 that the child was a

2715

member of a criminal street gang at the time of the commission

2716

of the offense~~, which determination shall be made pursuant to~~

2717

~~chapter 874~~, the seriousness of the offense to the community

2718

shall be given great weight.

2719

(b) Whether the protection of the community requires

2720

adjudication and commitment to the department.

2721

2722

violent, premeditated, or willful manner.

2723

(d) Whether the offense was against persons or against

2724

property, greater weight being given to offenses against

2725

persons, especially if personal injury resulted.

2726

(e) The sophistication and maturity of the child.

2727

(f) The record and previous criminal history of the child,

2728

including without limitations:

2729

1. Previous contacts with the department, the former

2730

Department of Health and Rehabilitative Services, the Department

2731

of Children and Family Services, the Department of Corrections,

2732

other law enforcement agencies, and courts.;

2733

2. Prior periods of probation.;

2734

3. Prior adjudications of delinquency.~~; and~~

2735

4. Prior commitments to institutions.

2736

(g) The prospects for adequate protection of the public

2737

and the likelihood of reasonable rehabilitation of the child if

2738

committed to a community services program or facility.

2739

(h) The child's educational status, including, but not

2740

limited to, the child's strengths, abilities, and unmet and

2741

special educational needs. The report shall identify appropriate

2742

educational and vocational goals for the child. Examples of

2743

appropriate goals include:

2744

1. Attainment of a high school diploma or its equivalent.

2745

2. Successful completion of literacy course(s).

2746

3. Successful completion of vocational course(s).

2747

4. Successful attendance and completion of the child's

2748

current grade if enrolled in school.

2749

5. Enrollment in an apprenticeship or a similar program.

2750

2751

It is the intent of the Legislature that the criteria set forth

2752

in this subsection are general guidelines to be followed at the

2753

discretion of the court and not mandatory requirements of

2754

procedure. It is not the intent of the Legislature to provide

2755

for the appeal of the disposition made under this section.

2756

(7)~~(3)(a)~~ If the court determines that the child should be

2757

adjudicated as having committed a delinquent act and should be

2758

committed to the department, such determination shall be in

2759

writing or on the record of the hearing. The determination shall

2760

include a specific finding of the reasons for the decision to

2761

adjudicate and to commit the child to the department, including

2762

any determination that the child was a member of a criminal

2763

street gang.

2764

(a)~~(b)~~ ~~If the court determines that commitment to the~~

2765

~~department is appropriate,~~ The juvenile probation officer shall

2766

recommend to the court the most appropriate placement and

2767

treatment plan, specifically identifying the restrictiveness

2768

level most appropriate for the child. If the court has

2769

determined that the child was a member of a criminal street

2770

gang, that determination shall be given great weight in

2771

identifying the most appropriate restrictiveness level for the

2772

child. The court shall consider the department's recommendation

2773

in making its commitment decision.

2774

(b)~~(c)~~ The court shall commit the child to the department

2775

at the restrictiveness level identified or may order placement

2776

at a different restrictiveness level. The court shall state for

2777

the record the reasons that ~~which~~ establish by a preponderance

2778

of the evidence why the court is disregarding the assessment of

2779

the child and the restrictiveness level recommended by the

2780

department. Any party may appeal the court's findings resulting

2781

in a modified level of restrictiveness under ~~pursuant to~~ this

2782

paragraph.

2783

(c)~~(d)~~ The court may also require that the child be placed

2784

in a probation program following the child's discharge from

2785

commitment. Community-based sanctions under ~~pursuant to~~

2786

subsection (8)~~(4)~~ may be imposed by the court at the disposition

2787

hearing or at any time prior to the child's release from

2788

commitment.

2789

~~(e) The court shall be responsible for the fingerprinting~~

2790

~~of any child at the disposition hearing if the child has been~~

2791

~~adjudicated or had adjudication withheld for any felony in the~~

2792

~~case currently before the court.~~

2793

(8)~~(4)~~ If the court determines not to adjudicate and

2794

commit to the department, then the court shall determine what

2795

community-based sanctions it will impose in a probation program

2796

for the child. Community-based sanctions may include, but are

2797

not limited to, participation in substance abuse treatment, a

2798

day-treatment probation program, restitution in money or in

2799

kind, a curfew, revocation or suspension of the driver's license

2800

of the child, community service, and appropriate educational

2801

programs as determined by the district school board.

2802

(9)~~(5)~~ After appropriate sanctions for the offense are

2803

determined, the court shall develop, approve, and order a plan

2804

of probation that ~~which~~ will contain rules, requirements,

2805

conditions, and rehabilitative programs, including the option of

2806

a day-treatment probation program, that ~~which~~ are designed to

2807

encourage responsible and acceptable behavior and to promote

2808

both the rehabilitation of the child and the protection of the

2809

community.

2810

(10) Any disposition order shall be in writing as prepared

2811

by the clerk of court and may thereafter be modified or set

2812

aside by the court.

2813

Section 46. Paragraph (a) of subsection (1) of section

2814

985.231, Florida Statutes, is renumbered as section 985.435,

2815

Florida Statutes, and amended to read:

2816

985.435 Probation and postcommitment probation; community

2817

service.--

2818

~~(1)(a)~~ The court that has jurisdiction of an adjudicated

2819

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

2820

determination of a sanction and rehabilitative program was made

2821

at the disposition hearing,:

2822

1. place the child in a probation program or a

2823

postcommitment probation program. Such placement must be under

2824

the supervision of an authorized agent of the department of

2825

~~Juvenile Justice~~ or of any other person or agency specifically

2826

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

2827

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

2828

other suitable place under such reasonable conditions as the

2829

court may direct.

2830

(1) A probation program for an adjudicated delinquent

2831

child must include a penalty component such as:

2832

(a) Restitution in money or in kind;,

2833

(b) Community service;,

2834

2835

(d) Revocation or suspension of the driver's license of

2836

the child;, or

2837

(e) Other nonresidential punishment appropriate to the

2838

offense.

2839

(2) A probation program ~~and~~ must also include a

2840

rehabilitative program component such as a requirement of

2841

participation in substance abuse treatment or in school or other

2842

educational program. The nonconsent of the child to treatment in

2843

a substance abuse treatment program in no way precludes the

2844

court from ordering such treatment ~~If the child is attending or~~

2845

~~is eligible to attend public school and the court finds that the~~

2846

~~victim or a sibling of the victim in the case is attending or~~

2847

~~may attend the same school as the child, the court placement~~

2848

~~order shall include a finding pursuant to the proceedings~~

2849

~~described in s. 985.23(1)(d)~~. Upon the recommendation of the

2850

department at the time of disposition, or subsequent to

2851

disposition pursuant to the filing of a petition alleging a

2852

violation of the child's conditions of postcommitment probation,

2853

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

2854

the purpose of detecting and monitoring the use of alcohol or

2855

controlled substances.

2856

(3)a. A restrictiveness level classification scale for

2857

levels of supervision shall be provided by the department,

2858

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

2859

probation supervision requirements to reasonably ensure the

2860

public safety. Probation programs for children shall be

2861

supervised by the department or by any other person or agency

2862

specifically authorized by the court. These programs must

2863

include, but are not limited to, structured or restricted

2864

activities as described in this section and s. 985.439

2865

~~subparagraph~~, and shall be designed to encourage the child

2866

toward acceptable and functional social behavior.

2867

(4) If supervision or a program of community service is

2868

ordered by the court, the duration of such supervision or

2869

program must be consistent with any treatment and rehabilitation

2870

needs identified for the child and may not exceed the term for

2871

which sentence could be imposed if the child were committed for

2872

the offense, except that the duration of such supervision or

2873

program for an offense that is a misdemeanor of the second

2874

degree, or is equivalent to a misdemeanor of the second degree,

2875

may be for a period not to exceed 6 months. ~~When restitution is~~

2876

~~ordered by the court, the amount of restitution may not exceed~~

2877

~~an amount the child and the parent or guardian could reasonably~~

2878

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

2879

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

2880

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

2881

(5)b. The court may conduct judicial review hearings for a

2882

child placed on probation for the purpose of fostering

2883

accountability to the judge and compliance with other

2884

requirements, such as restitution and community service. The

2885

court may allow early termination of probation for a child who

2886

has substantially complied with the terms and conditions of

2887

probation.

2888

~~c. If the conditions of the probation program or the~~

2889

~~postcommitment probation program are violated, the department or~~

2890

~~the state attorney may bring the child before the court on a~~

2891

~~petition alleging a violation of the program. Any child who~~

2892

~~violates the conditions of probation or postcommitment probation~~

2893

~~must be brought before the court if sanctions are sought. A~~

2894

~~child taken into custody under s. 985.207 for violating the~~

2895

~~conditions of probation or postcommitment probation shall be~~

2896

~~held in a consequence unit if such a unit is available. The~~

2897

~~child shall be afforded a hearing within 24 hours after being~~

2898

~~taken into custody to determine the existence of probable cause~~

2899

~~that the child violated the conditions of probation or~~

2900

~~postcommitment probation. A consequence unit is a secure~~

2901

~~facility specifically designated by the department for children~~

2902

~~who are taken into custody under s. 985.207 for violating~~

2903

~~probation or postcommitment probation, or who have been found by~~

2904

~~the court to have violated the conditions of probation or~~

2905

~~postcommitment probation. If the violation involves a new charge~~

2906

~~of delinquency, the child may be detained under s. 985.215 in a~~

2907

~~facility other than a consequence unit. If the child is not~~

2908

~~eligible for detention for the new charge of delinquency, the~~

2909

~~child may be held in the consequence unit pending a hearing and~~

2910

~~is subject to the time limitations specified in s. 985.215. If~~

2911

~~the child denies violating the conditions of probation or~~

2912

~~postcommitment probation, the court shall appoint counsel to~~

2913

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

2914

~~admission, or if the court finds after a hearing that the child~~

2915

~~has violated the conditions of probation or postcommitment~~

2916

~~probation, the court shall enter an order revoking, modifying,~~

2917

~~or continuing probation or postcommitment probation. In each~~

2918

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

2919

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

2920

~~impose any sanction the court could have imposed at the original~~

2921

~~disposition hearing. If the child is found to have violated the~~

2922

~~conditions of probation or postcommitment probation, the court~~

2923

~~may:~~

2924

~~(I) Place the child in a consequence unit in that judicial~~

2925

~~circuit, if available, for up to 5 days for a first violation,~~

2926

~~and up to 15 days for a second or subsequent violation.~~

2927

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

2928

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

2929

~~residential consequence unit is not available.~~

2930

~~(III) Modify or continue the child's probation program or~~

2931

~~postcommitment probation program.~~

2932

~~(IV) Revoke probation or postcommitment probation and~~

2933

~~commit the child to the department.~~

2934

~~d. Notwithstanding s. 743.07 and paragraph (d), and except~~

2935

~~as provided in s. 985.31, the term of any order placing a child~~

2936

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

2937

~~unless he or she is released by the court, on the motion of an~~

2938

~~interested party or on its own motion.~~

2939

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

2940

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

2941

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

2942

~~center or facility or shelter.~~

2943

~~3. Commit the child to the Department of Juvenile Justice~~

2944

~~at a residential commitment level defined in s. 985.03. Such~~

2945

~~commitment must be for the purpose of exercising active control~~

2946

~~over the child, including, but not limited to, custody, care,~~

2947

~~training, urine monitoring, and treatment of the child and~~

2948

~~release of the child into the community in a postcommitment~~

2949

~~nonresidential conditional release program. If the child is~~

2950

~~eligible to attend public school following residential~~

2951

~~commitment and the court finds that the victim or a sibling of~~

2952

~~the victim in the case is or may be attending the same school as~~

2953

~~the child, the commitment order shall include a finding pursuant~~

2954

~~to the proceedings described in s. 985.23(1)(d). If the child is~~

2955

~~not successful in the conditional release program, the~~

2956

~~department may use the transfer procedure under s. 985.404.~~

2957

~~Notwithstanding s. 743.07 and paragraph (d), and except as~~

2958

~~provided in s. 985.31, the term of the commitment must be until~~

2959

~~the child is discharged by the department or until he or she~~

2960

~~reaches the age of 21.~~

2961

~~4. Revoke or suspend the driver's license of the child.~~

2962

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

2963

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

2964

~~child, to render community service in a public service program.~~

2965

~~6. As part of the probation program to be implemented by~~

2966

~~the Department of Juvenile Justice, or, in the case of a~~

2967

~~committed child, as part of the community-based sanctions~~

2968

~~ordered by the court at the disposition hearing or before the~~

2969

~~child's release from commitment, order the child to make~~

2970

~~restitution in money, through a promissory note cosigned by the~~

2971

~~child's parent or guardian, or in kind for any damage or loss~~

2972

~~caused by the child's offense in a reasonable amount or manner~~

2973

~~to be determined by the court. The clerk of the circuit court~~

2974

~~shall be the receiving and dispensing agent. In such case, the~~

2975

~~court shall order the child or the child's parent or guardian to~~

2976

~~pay to the office of the clerk of the circuit court an amount~~

2977

~~not to exceed the actual cost incurred by the clerk as a result~~

2978

~~of receiving and dispensing restitution payments. The clerk~~

2979

~~shall notify the court if restitution is not made, and the court~~

2980

~~shall take any further action that is necessary against the~~

2981

~~child or the child's parent or guardian. A finding by the court,~~

2982

~~after a hearing, that the parent or guardian has made diligent~~

2983

~~and good faith efforts to prevent the child from engaging in~~

2984

~~delinquent acts absolves the parent or guardian of liability for~~

2985

~~restitution under this subparagraph.~~

2986

~~7. Order the child and, if the court finds it appropriate,~~

2987

~~the child's parent or guardian together with the child, to~~

2988

~~participate in a community work project, either as an~~

2989

~~alternative to monetary restitution or as part of the~~

2990

~~rehabilitative or probation program.~~

2991

~~8. Commit the child to the Department of Juvenile Justice~~

2992

~~for placement in a program or facility for serious or habitual~~

2993

~~juvenile offenders in accordance with s. 985.31. Any commitment~~

2994

~~of a child to a program or facility for serious or habitual~~

2995

~~juvenile offenders must be for an indeterminate period of time,~~

2996

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

2997

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

2998

~~retain jurisdiction over such child until the child reaches the~~

2999

~~age of 21, specifically for the purpose of the child completing~~

3000

~~the program.~~

3001

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

3002

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

3003

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

3004

~~make a diligent and good faith effort to prevent the child from~~

3005

~~engaging in delinquent acts. The court may also order the parent~~

3006

~~or guardian to make restitution in money or in kind for any~~

3007

~~damage or loss caused by the child's offense. The court shall~~

3008

~~determine a reasonable amount or manner of restitution, and~~

3009

~~payment shall be made to the clerk of the circuit court as~~

3010

~~provided in subparagraph 6.~~

3011

~~10. Subject to specific appropriation, commit the juvenile~~

3012

~~sexual offender to the Department of Juvenile Justice for~~

3013

~~placement in a program or facility for juvenile sexual offenders~~

3014

~~in accordance with s. 985.308. Any commitment of a juvenile~~

3015

~~sexual offender to a program or facility for juvenile sexual~~

3016

~~offenders must be for an indeterminate period of time, but the~~

3017

~~time may not exceed the maximum term of imprisonment that an~~

3018

~~adult may serve for the same offense. The court may retain~~

3019

~~jurisdiction over a juvenile sexual offender until the juvenile~~

3020

~~sexual offender reaches the age of 21, specifically for the~~

3021

~~purpose of completing the program.~~

3022

Section 47. Section 985.437, Florida Statutes, is created

3023

to read:

3024

985.437 Restitution.--

3025

(1) The court that has jurisdiction of an adjudicated

3026

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

3027

determination of a sanction and rehabilitative program was made

3028

at the disposition hearing, order the child to make restitution

3029

in the manner provided in this section. This order shall be part

3030

of the probation program to be implemented by the department or,

3031

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

3032

sanctions ordered by the court at the disposition hearing or

3033

before the child's release from commitment.

3034

(2) The court may order the child to make restitution in

3035

money, through a promissory note cosigned by the child's parent

3036

or guardian, or in kind for any damage or loss caused by the

3037

child's offense in a reasonable amount or manner to be

3038

determined by the court. When restitution is ordered by the

3039

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

3040

child and the parent or guardian could reasonably be expected to

3041

pay or make.

3042

(3) The clerk of the circuit court shall be the receiving

3043

and dispensing agent. In such case, the court shall order the

3044

child or the child's parent or guardian to pay to the office of

3045

the clerk of the circuit court an amount not to exceed the

3046

actual cost incurred by the clerk as a result of receiving and

3047

dispensing restitution payments. The clerk shall notify the

3048

court if restitution is not made, and the court shall take any

3049

further action that is necessary against the child or the

3050

child's parent or guardian.

3051

(4) A finding by the court, after a hearing, that the

3052

parent or guardian has made diligent and good faith efforts to

3053

prevent the child from engaging in delinquent acts absolves the

3054

parent or guardian of liability for restitution under this

3055

section.

3056

(5) The court may retain jurisdiction over a child and the

3057

child's parent or legal guardian whom the court has ordered to

3058

pay restitution until the restitution order is satisfied or

3059

until the court orders otherwise, as provided in s. 985.0301.

3060

Section 48. Section 985.439, Florida Statutes, is created

3061

to read:

3062

985.439 Violation of probation or postcommitment

3063

probation.--

3064

(1)(a) This section is applicable when the court has

3065

jurisdiction over an adjudicated delinquent child.

3066

(b) If the conditions of the probation program or the

3067

postcommitment probation program are violated, the department or

3068

the state attorney may bring the child before the court on a

3069

petition alleging a violation of the program. Any child who

3070

violates the conditions of probation or postcommitment probation

3071

must be brought before the court if sanctions are sought.

3072

(2) A child taken into custody under s. 985.101 for

3073

violating the conditions of probation or postcommitment

3074

probation shall be held in a consequence unit if such a unit is

3075

available. The child shall be afforded a hearing within 24 hours

3076

after being taken into custody to determine the existence of

3077

probable cause that the child violated the conditions of

3078

probation or postcommitment probation. A consequence unit is a

3079

secure facility specifically designated by the department for

3080

children who are taken into custody under s. 985.101 for

3081

violating probation or postcommitment probation, or who have

3082

been found by the court to have violated the conditions of

3083

probation or postcommitment probation. If the violation involves

3084

a new charge of delinquency, the child may be detained under

3085

part V in a facility other than a consequence unit. If the child

3086

is not eligible for detention for the new charge of delinquency,

3087

the child may be held in the consequence unit pending a hearing

3088

and is subject to the time limitations specified in part V.

3089

(3) If the child denies violating the conditions of

3090

probation or postcommitment probation, the court shall, upon the

3091

child's request, appoint counsel to represent the child.

3092

(4) Upon the child's admission, or if the court finds

3093

after a hearing that the child has violated the conditions of

3094

probation or postcommitment probation, the court shall enter an

3095

order revoking, modifying, or continuing probation or

3096

postcommitment probation. In each such case, the court shall

3097

enter a new disposition order and, in addition to the sanctions

3098

set forth in this section, may impose any sanction the court

3099

could have imposed at the original disposition hearing. If the

3100

child is found to have violated the conditions of probation or

3101

postcommitment probation, the court may:

3102

(a) Place the child in a consequence unit in that judicial

3103

circuit, if available, for up to 5 days for a first violation

3104

and up to 15 days for a second or subsequent violation.

3105

(b) Place the child on home detention with electronic

3106

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

3107

residential consequence unit is not available.

3108

3109

postcommitment probation program.

3110

(d) Revoke probation or postcommitment probation and

3111

commit the child to the department.

3112

(5) Upon the recommendation of the department at the time

3113

of disposition, or subsequent to disposition pursuant to the

3114

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

3115

conditions of postcommitment probation, the court may order the

3116

child to submit to random testing for the purpose of detecting

3117

and monitoring the use of alcohol or controlled substances.

3118

Section 49. Section 985.441, Florida Statutes, is created

3119

to read:

3120

985.441 Commitment.--

3121

(1) The court that has jurisdiction of an adjudicated

3122

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

3123

determination of a sanction and rehabilitative program was made

3124

at the disposition hearing:

3125

(a) Commit the child to a licensed child-caring agency

3126

willing to receive the child; however, the court may not commit

3127

the child to a jail or to a facility used primarily as a

3128

detention center or facility or shelter.

3129

(b) Commit the child to the department at a residential

3130

commitment level defined in s. 985.03. Such commitment must be

3131

for the purpose of exercising active control over the child,

3132

including, but not limited to, custody, care, training, urine

3133

monitoring, and treatment of the child and release of the child

3134

into the community in a postcommitment nonresidential

3135

conditional release program. If the child is not successful in

3136

the conditional release program, the department may use the

3137

transfer procedure under subsection (3).

3138

3139

for placement in a program or facility for serious or habitual

3140

juvenile offenders in accordance with s. 985.47.

3141

1. Following a delinquency adjudicatory hearing under s.

3142

985.35 and a delinquency disposition hearing under s. 985.433

3143

that results in a commitment determination, the court shall, on

3144

its own or upon request by the state or the department,

3145

determine whether the protection of the public requires that the

3146

child be placed in a program for serious or habitual juvenile

3147

offenders and whether the particular needs of the child would be

3148

best served by a program for serious or habitual juvenile

3149

offenders as provided in s. 985.47. The determination shall be

3150

made under ss. 985.47(1) and 985.433(7).

3151

2. Any commitment of a child to a program or facility for

3152

serious or habitual juvenile offenders must be for an

3153

indeterminate period of time, but the time may not exceed the

3154

maximum term of imprisonment that an adult may serve for the

3155

same offense.

3156

(d) Commit the child to the department for placement in a

3157

program or facility for juvenile sexual offenders in accordance

3158

with s. 985.48, subject to specific appropriation for such a

3159

program or facility.

3160

1. The child may only be committed for such placement

3161

pursuant to determination that the child is a juvenile sexual

3162

offender under the criteria specified in s. 985.475.

3163

2. Any commitment of a juvenile sexual offender to a

3164

program or facility for juvenile sexual offenders must be for an

3165

indeterminate period of time, but the time may not exceed the

3166

maximum term of imprisonment that an adult may serve for the

3167

same offense.

3168

(2) The nonconsent of the child to commitment or treatment

3169

in a substance abuse treatment program in no way precludes the

3170

court from ordering such commitment or treatment.

3171

(3) The department may transfer a child, when necessary to

3172

appropriately administer the child's commitment, from one

3173

facility or program to another facility or program operated,

3174

contracted, subcontracted, or designated by the department,

3175

including a postcommitment nonresidential conditional release

3176

program. The department shall notify the court that committed

3177

the child to the department and any attorney of record for the

3178

child, in writing, of its intent to transfer the child from a

3179

commitment facility or program to another facility or program of

3180

a higher or lower restrictiveness level. The court that

3181

committed the child may agree to the transfer or may set a

3182

hearing to review the transfer. If the court does not respond

3183

within 10 days after receipt of the notice, the transfer of the

3184

child shall be deemed granted.

3185

Section 50. Section 985.232, Florida Statutes, is

3186

renumbered as section 985.442, Florida Statutes.

3187

Section 51. Paragraph (j) of subsection (1) of section

3188

985.231, Florida Statutes, is renumbered as section 985.445,

3189

Florida Statutes, and amended to read:

3190

985.445 ~~985.231~~ ~~Powers of disposition in delinquency~~ Cases

3191

involving grand theft of a motor vehicle.--

3192

~~(1)~~

3193

~~(j)~~ If the offense committed by the child was grand theft

3194

of a motor vehicle, the court:

3195

(1)1. Upon a first adjudication for a grand theft of a

3196

motor vehicle, may place the youth in a boot camp, unless the

3197

child is ineligible under ~~pursuant to~~ s. 985.489 ~~985.309~~, and

3198

shall order the youth to complete a minimum of 50 hours of

3199

community service.

3200

(2)2. Upon a second adjudication for grand theft of a

3201

motor vehicle which is separate and unrelated to the previous

3202

adjudication, may place the youth in a boot camp, unless the

3203

child is ineligible under ~~pursuant to~~ s. 985.489 ~~985.309~~, and

3204

shall order the youth to complete a minimum of 100 hours of

3205

community service.

3206

(3)3. Upon a third adjudication for grand theft of a motor

3207

vehicle which is separate and unrelated to the previous

3208

adjudications, shall place the youth in a boot camp or other

3209

treatment program, unless the child is ineligible under ~~pursuant~~

3210

to s. 985.489 ~~985.309~~, and shall order the youth to complete a

3211

minimum of 250 hours of community service.

3212

Section 52. Paragraph (g) of subsection (1) of section

3213

985.231, Florida Statutes, is renumbered as section 985.45,

3214

Florida Statutes, and amended to read:

3215

985.45 Liability and remuneration for work.--

3216

(1)~~(g)~~ Whenever a child is required by the court to

3217

participate in any work program under this part or whenever a

3218

child volunteers to work in a specified state, county,

3219

municipal, or community service organization supervised work

3220

program or to work for the victim, either as an alternative to

3221

monetary restitution or as a part of the rehabilitative or

3222

probation program, the child is an employee of the state for the

3223

purposes of liability.

3224

(2) In determining the child's average weekly wage unless

3225

otherwise determined by a specific funding program, all

3226

remuneration received from the employer is a gratuity, and the

3227

child is not entitled to any benefits otherwise payable under s.

3228

440.15, regardless of whether the child may be receiving wages

3229

and remuneration from other employment with another employer and

3230

regardless of the child's future wage-earning capacity.

3231

Section 53. Paragraph (d) of subsection (1) of section

3232

985.231, Florida Statutes, is amended and renumbered as

3233

subsection (3) of section 985.455, Florida Statutes, and

3234

paragraph (h) of subsection (1) of section 985.231, Florida

3235

Statutes, is renumbered as subsection (4) of section 985.455,

3236

Florida Statutes, which is created to read:

3237

985.455 Other dispositional issues.-

3238

(1) The court that has jurisdiction over an adjudicated

3239

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

3240

determination of a sanction and rehabilitative program was made

3241

at the disposition hearing:

3242

(a) Require the child and, if the court finds it

3243

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

3244

child to render community service in a public service program.

3245

(b) Order the child and, if the court finds it

3246

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

3247

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

3248

alternative to monetary restitution or as part of the

3249

rehabilitative or probation program.

3250

3251

(2) If the child is attending or is eligible to attend

3252

public school and the court finds that the victim or a sibling

3253

of the victim in the case is attending or may attend the same

3254

school as the child, the court shall, on its own motion or upon

3255

the request of any party or any parent or legal guardian of the

3256

victim, determine whether it is appropriate to enter a no

3257

contact order in favor of the victim or a sibling of the victim.

3258

If appropriate and acceptable to the victim and the victim's

3259

parent or parents or legal guardian, the court may reflect in

3260

the written disposition order that the victim or the victim's

3261

parent or parents or legal guardian stated in writing or in open

3262

court that he or she did not object to the offender being

3263

permitted to attend the same school or ride on the same school

3264

bus as the victim or a sibling of the victim. If applicable, the

3265

court placement or commitment order shall include a finding

3266

under this subsection.

3267

~~(1)~~

3268

(3)~~(d)~~ Any commitment of a delinquent child to the

3269

department ~~of Juvenile Justice~~ must be for an indeterminate

3270

period of time, which may include periods of temporary release,

3271

but the time may not exceed the maximum term of imprisonment

3272

that an adult may serve for the same offense. The duration of

3273

the child's placement in a residential commitment program of any

3274

level shall be based on objective performance-based treatment

3275

planning. The child's treatment plan progress and adjustment-

3276

related issues shall be reported to the court each month. The

3277

child's length of stay in a residential commitment program may

3278

be extended if the child fails to comply with or participate in

3279

treatment activities. The child's length of stay in such program

3280

shall not be extended for purposes of sanction or punishment.

3281

Any temporary release from such program must be approved by the

3282

court. Any child so committed may be discharged from

3283

institutional confinement or a program upon the direction of the

3284

department with the concurrence of the court. The child's

3285

treatment plan progress and adjustment-related issues must be

3286

communicated to the court at the time the department requests

3287

the court to consider releasing the child from the residential

3288

commitment program. ~~Notwithstanding s. 743.07 and this~~

3289

~~subsection, and except as provided in ss. 985.201 and 985.31, a~~

3290

~~child may not be held under a commitment from a court pursuant~~

3291

~~to this section after becoming 21 years of age.~~ The department

3292

shall give the court that committed the child to the department

3293

reasonable notice, in writing, of its desire to discharge the

3294

child from a commitment facility. The court that committed the

3295

child may thereafter accept or reject the request. If the court

3296

does not respond within 10 days after receipt of the notice, the

3297

request of the department shall be deemed granted. This section

3298

does not limit the department's authority to revoke a child's

3299

temporary release status and return the child to a commitment

3300

facility for any violation of the terms and conditions of the

3301

temporary release.

3302

(4)~~(h)~~ The court may, upon motion of the child or upon its

3303

own motion, within 60 days after imposition of a disposition of

3304

commitment, suspend the further execution of the disposition and

3305

place the child in a probation program upon such terms and

3306

conditions as the court may require. The department shall

3307

forward to the court all relevant material on the child's

3308

progress while in custody not later than 3 working days prior to

3309

the hearing on the motion to suspend the disposition.

3310

Section 54. Section 985.316, Florida Statutes, is

3311

renumbered as section 985.46, Florida Statutes, and subsection

3312

(4) of said section is amended to read:

3313

985.46 ~~985.316~~ Conditional release.--

3314

(4) A juvenile under nonresidential commitment placement

3315

will continue to be on commitment status and subject to the

3316

transfer provision under s. 985.441(3) ~~985.404~~.

3317

Section 55. Section 985.313, Florida Statutes, is

3318

renumbered as section 985.465, Florida Statutes, and amended to

3319

read:

3320

985.465 ~~985.313~~ Juvenile correctional facilities or

3321

juvenile prison.--A juvenile correctional facility or juvenile

3322

prison is a physically secure residential commitment program

3323

with a designated length of stay from 18 months to 36 months,

3324

primarily serving children 13 years of age to 19 years of age,

3325

or until the jurisdiction of the court expires. ~~The court may~~

3326

~~retain jurisdiction over the child until the child reaches the~~

3327

~~age of 21, specifically for the purpose of the child completing~~

3328

~~the program.~~ Each child committed to this level must meet one of

3329

the following criteria:

3330

(1) The child ~~youth~~ is at least 13 years of age at the

3331

time of the disposition for the current offense and has been

3332

adjudicated on the current offense for:

3333

(a) Arson;

3334

(b) Sexual battery;

3335

3336

(d) Kidnapping;

3337

(e) Aggravated child abuse;

3338

(f) Aggravated assault;

3339

(g) Aggravated stalking;

3340

(h) Murder;

3341

(i) Manslaughter;

3342

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

3343

destructive device or bomb;

3344

(k) Armed burglary;

3345

(l) Aggravated battery;

3346

(m) Carjacking;

3347

(n) Home-invasion robbery;

3348

(o) Burglary with an assault or battery;

3349

(p) Any lewd or lascivious offense committed upon or in

3350

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

3351

(q) Carrying, displaying, using, threatening to use, or

3352

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

3353

felony.

3354

(2) The child ~~youth~~ is at least 13 years of age at the

3355

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

3356

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

3357

delinquency commitment program.

3358

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

3359

currently committed for a felony offense and transferred from a

3360

moderate-risk or high-risk residential commitment placement.

3361

(4) The child ~~youth~~ is at least 13 years of age at the

3362

time of the disposition for the current offense, the child ~~youth~~

3363

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

3364

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

3365

Criminal Punishment Code offense severity ranking chart pursuant

3366

to s. 921.0022.

3367

Section 56. Subsection (48) of section 985.03, Florida

3368

Statutes, is amended and renumbered as subsection (1) of section

3369

985.47, Florida Statutes, subsections (2), (4), and (5) of

3370

section 985.31, Florida Statutes are amended and renumbered,

3371

respectively, as subsections (9), (11), and (12) of section

3372

985.47, Florida Statutes, paragraphs (e) through (i) and (k) of

3373

subsection (3) of section 985.31, Florida Statutes, are amended

3374

and renumbered, respectively, as subsections (2) through (6) and

3375

(7) of section 985.47, Florida Statutes, subsection (1) of

3376

section 985.31, Florida Statutes, is renumbered as subsection

3377

(8) of section 985.47, Florida Statutes, and paragraphs (a)

3378

through (d) and (j) of subsection (3) of section 985.31, Florida

3379

Statutes, are renumbered, respectively, as paragraphs (a)

3380

through (d) and (e) of subsection (10) of section 985.47,

3381

Florida Statutes, and amended to read:

3382

985.47 ~~985.31~~ Serious or habitual juvenile offender.--

3383

(1)~~(48)~~ CRITERIA.--A "serious or habitual juvenile

3384

offender," for purposes of commitment to a residential facility

3385

and for purposes of records retention, means a child who has

3386

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

3387

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

3388

least one of the following criteria:

3389

(a) The child ~~youth~~ is at least 13 years of age at the

3390

time of the disposition for the current offense and has been

3391

adjudicated on the current offense for:

3392

1. Arson;

3393

2. Sexual battery;

3394

3. Robbery;

3395

4. Kidnapping;

3396

5. Aggravated child abuse;

3397

6. Aggravated assault;

3398

7. Aggravated stalking;

3399

8. Murder;

3400

9. Manslaughter;

3401

10. Unlawful throwing, placing, or discharging of a

3402

destructive device or bomb;

3403

11. Armed burglary;

3404

12. Aggravated battery;

3405

13. Any lewd or lascivious offense committed upon or in

3406

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

3407

14. Carrying, displaying, using, threatening, or

3408

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

3409

felony.

3410

(b) The child ~~youth~~ is at least 13 years of age at the

3411

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

3412

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

3413

delinquency commitment program.

3414

3415

currently committed for a felony offense and transferred from a

3416

moderate-risk or high-risk residential commitment placement.

3417

(2)~~(3)(e)~~ DETERMINATION.--After a child has been

3418

adjudicated delinquent under ~~pursuant to~~ s. 985.35 ~~985.228~~, the

3419

court shall determine whether the child meets the criteria for a

3420

serious or habitual juvenile offender under subsection (1)

3421

~~pursuant to s. 985.03(48)~~. If the court determines that the

3422

child does not meet such criteria, ss. 985.435, 985.437,

3423

985.439, 985.441, 985.445, 985.45, and 985.455 ~~the provisions of~~

3424

~~s. 985.231(1)~~ shall apply.

3425

(3)~~(f)~~ PLACEMENT RECOMMENDATIONS.--After a child has been

3426

transferred for criminal prosecution, a circuit court judge may

3427

direct a juvenile probation officer to consult with designated

3428

staff from an appropriate serious or habitual juvenile offender

3429

program for the purpose of making recommendations to the court

3430

regarding the child's placement in such program.

3431

(4)~~(g)~~ TIME AND PLACE FOR

3432

RECOMMENDATIONS.--Recommendations as to a child's placement in a

3433

serious or habitual juvenile offender program shall be presented

3434

to the court within 72 hours after the adjudication or

3435

conviction, and may be based on a preliminary screening of the

3436

child at appropriate sites, considering the child's location

3437

while court action is pending, which may include the nearest

3438

regional detention center or facility or jail.

3439

(5)~~(h)~~ REPORTING RECOMMENDATIONS TO COURT.--Based on the

3440

recommendations of the multidisciplinary assessment, the

3441

juvenile probation officer shall make the following

3442

recommendations to the court:

3443

(a)1. For each child who has not been transferred for

3444

criminal prosecution, the juvenile probation officer shall

3445

recommend whether placement in such program is appropriate and

3446

needed.

3447

(b)2. For each child who has been transferred for criminal

3448

prosecution, the juvenile probation officer shall recommend

3449

whether the most appropriate placement for the child is a

3450

juvenile justice system program, including a serious or habitual

3451

juvenile offender program or facility, or placement in the adult

3452

correctional system.

3453

3454

If treatment provided by a serious or habitual juvenile offender

3455

program or facility is determined to be appropriate and needed

3456

and placement is available, the juvenile probation officer and

3457

the court shall identify the appropriate serious or habitual

3458

juvenile offender program or facility best suited to the needs

3459

of the child.

3460

(6)~~(i)~~ ACTION ON RECOMMENDATIONS.--The treatment and

3461

placement recommendations shall be submitted to the court for

3462

further action under ~~pursuant to~~ this subsection ~~paragraph~~:

3463

(a)1. If it is recommended that placement in a serious or

3464

habitual juvenile offender program or facility is inappropriate,

3465

the court shall make an alternative disposition under ~~pursuant~~

3466

to s. 985.489 ~~985.309~~ or other alternative sentencing as

3467

applicable, using ~~utilizing~~ the recommendation as a guide.

3468

(b)2. If it is recommended that placement in a serious or

3469

habitual juvenile offender program or facility is appropriate,

3470

the court may commit the child to the department for placement

3471

in the restrictiveness level designated for serious or habitual

3472

delinquent children programs.

3473

(7)~~(k)~~ DURATION OF COMMITMENT.--Any commitment of a child

3474

to the department for placement in a serious or habitual

3475

juvenile offender program or facility shall be for an

3476

indeterminate period of time, but the time shall not exceed the

3477

maximum term of imprisonment that ~~which~~ an adult may serve for

3478

the same offense. ~~Notwithstanding the provisions of ss. 743.07~~

3479

~~and 985.231(1)(d), a serious or habitual juvenile offender shall~~

3480

~~not be held under commitment from a court pursuant to this~~

3481

~~section, s. 985.231, or s. 985.233 after becoming 21 years of~~

3482

~~age. This provision shall apply only for the purpose of~~

3483

~~completing the serious or habitual juvenile offender program~~

3484

~~pursuant to this chapter and shall be used solely for the~~

3485

~~purpose of treatment.~~

3486

(8)~~(1)~~ ASSESSMENT AND TREATMENT SERVICES.--Pursuant to ~~the~~

3487

~~provisions of~~ this chapter and the establishment of appropriate

3488

program guidelines and standards, contractual instruments, which

3489

shall include safeguards of all constitutional rights, shall be

3490

developed as follows:

3491

(a) The department shall provide for:

3492

1. The oversight of implementation of assessment and

3493

treatment approaches.

3494

2. The identification and prequalification of appropriate

3495

individuals or not-for-profit organizations, including minority

3496

individuals or organizations when possible, to provide

3497

assessment and treatment services to serious or habitual

3498

delinquent children.

3499

3. The monitoring and evaluation of assessment and

3500

treatment services for compliance with ~~the provisions of~~ this

3501

chapter and all applicable rules and guidelines pursuant

3502

thereto.

3503

4. The development of an annual report on the performance

3504

of assessment and treatment to be presented to the Governor, the

3505

Attorney General, the President of the Senate, the Speaker of

3506

the House of Representatives, and the Auditor General no later

3507

than January 1 of each year.

3508

(b) Assessment shall generally comprise the first 30 days

3509

of treatment and be provided by the same provider as treatment,

3510

but assessment and treatment services may be provided by

3511

separate providers, where warranted. Providers shall be selected

3512

who have the capacity to assess and treat the unique problems

3513

presented by children with different racial and ethnic

3514

backgrounds. The department shall retain contractual authority

3515

to reject any assessment or treatment provider for lack of

3516

qualification.

3517

(9)~~(2)~~ SERIOUS OR HABITUAL JUVENILE OFFENDER PROGRAM.--

3518

(a) There is created the serious or habitual juvenile

3519

offender program. The program shall consist of at least 9 months

3520

of intensive secure residential treatment. Conditional release

3521

assessment and services shall be provided in accordance with s.

3522

985.46 ~~985.316~~. The components of the program shall include, but

3523

not be limited to:

3524

1. Diagnostic evaluation services.

3525

2. Appropriate treatment modalities, including substance

3526

abuse intervention, mental health services, and sexual behavior

3527

dysfunction interventions and gang-related behavior

3528

interventions.

3529

3. Prevocational and vocational services.

3530

4. Job training, job placement, and employability-skills

3531

training.

3532

5. Case management services.

3533

6. Educational services, including special education and

3534

pre-GED literacy.

3535

7. Self-sufficiency planning.

3536

8. Independent living skills.

3537

9. Parenting skills.

3538

10. Recreational and leisure time activities.

3539

11. Community involvement opportunities commencing, where

3540

appropriate, with the direct and timely payment of restitution

3541

to the victim.

3542

12. Intensive conditional release supervision.

3543

13. Graduated reentry into the community.

3544

14. A diversity of forms of individual and family

3545

treatment appropriate to and consistent with the child's needs.

3546

15. Consistent and clear consequences for misconduct.

3547

(b) The department is authorized to contract with private

3548

companies to provide some or all of the components indicated in

3549

paragraph (a).

3550

3551

agencies, the judiciary, school board personnel, the office of

3552

the state attorney, the office of the public defender, and

3553

community service agencies interested in or currently working

3554

with juveniles, in planning and developing this program.

3555

(d) The department is authorized to accept funds or in-

3556

kind contributions from public or private sources to be used for

3557

the purposes of this section.

3558

(10)~~(3)~~ PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

3559

TREATMENT.--

3560

(a) Assessment and treatment shall be conducted by

3561

treatment professionals with expertise in specific treatment

3562

procedures. These~~, which~~ professionals shall exercise all

3563

professional judgment independently of the department.

3564

(b) Treatment provided to children in designated

3565

facilities shall be suited to the assessed needs of each

3566

individual child and shall be administered safely and humanely,

3567

with respect for human dignity.

3568

3569

implementation and operation of programs and facilities for

3570

serious or habitual juvenile offenders.

3571

(d) Any provider who acts in good faith is immune from

3572

civil or criminal liability for his or her actions in connection

3573

with the assessment, treatment, or transportation of a serious

3574

or habitual juvenile offender under ~~the provisions of~~ this

3575

chapter. (e)~~(j)~~ The following provisions shall apply to

3576

children in serious or habitual juvenile offender programs and

3577

facilities:

3578

1. A child shall begin participation in the conditional

3579

release component of the program based upon a determination made

3580

by the treatment provider and approved by the department.

3581

2. A child shall begin participation in the community

3582

supervision component of conditional release based upon a

3583

determination made by the treatment provider and approved by the

3584

department. The treatment provider shall give written notice of

3585

the determination to the circuit court having jurisdiction over

3586

the child. If the court does not respond with a written

3587

objection within 10 days, the child shall begin the conditional

3588

release component.

3589

3. A child shall be discharged from the program based upon

3590

a determination made by the treatment provider with the approval

3591

of the department.

3592

4. In situations where the department does not agree with

3593

the decision of the treatment provider, a reassessment shall be

3594

performed, and the department shall use ~~utilize~~ the reassessment

3595

determination to resolve the disagreement and make a final

3596

decision.

3597

(11)~~(4)~~ ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

3598

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

3599

department shall implement the comprehensive assessment

3600

instrument for the treatment needs of serious or habitual

3601

juvenile offenders and for the assessment, which assessment

3602

shall include the criteria under subsection (1) ~~s. 985.03(48)~~

3603

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

3604

child's:

3605

1. Amenability to treatment.

3606

2. Proclivity toward violence.

3607

3. Tendency toward gang involvement.

3608

4. Substance abuse or addiction and the level thereof.

3609

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

3610

abuse, or indication of sexual behavior dysfunction.

3611

6. Number and type of previous adjudications, findings of

3612

guilt, and convictions.

3613

7. Potential for rehabilitation.

3614

(b) The department shall contract with multiple

3615

individuals or not-for-profit organizations to perform the

3616

assessments and treatment, and shall ensure that the staff of

3617

each provider is ~~are~~ appropriately trained.

3618

3619

written procedure developed, in consultation with licensed

3620

treatment professionals, establishing conditions under which a

3621

child's blood and urine samples will be tested for substance

3622

abuse indications. ~~It is not unlawful for~~ The person receiving

3623

the test results may to divulge the test results to the relevant

3624

facility staff and department personnel;. however, such

3625

information is exempt from ~~the provisions of~~ ss. 119.01 and

3626

119.07(1) and s. 24(a), Art. I of the State Constitution.

3627

(d) Serologic blood test and urinalysis results obtained

3628

under ~~pursuant to~~ paragraph (c) are confidential, except that

3629

they may be shared with employees or officers of the department,

3630

the court, and any assessment or treatment provider and

3631

designated facility treating the child. No person to whom the

3632

results of a test have been disclosed under this section may

3633

disclose the test results to another person not authorized under

3634

this section.

3635

(e) The results of any serologic blood or urine test on a

3636

serious or habitual juvenile offender shall become a part of

3637

that child's medical file. Upon transfer of the child to any

3638

other designated treatment facility, such file shall be

3639

transferred in an envelope marked confidential. The results of

3640

any test designed to identify the human immunodeficiency virus,

3641

or its antigen or antibody, shall be accessible only to persons

3642

designated by rule of the department. The provisions of such

3643

rule shall be consistent with the guidelines established by the

3644

Centers for Disease Control and Prevention.

3645

(f) A record of the assessment and treatment of each

3646

serious or habitual juvenile offender shall be maintained by the

3647

provider, which shall include data pertaining to the child's

3648

treatment and such other information as may be required under

3649

rules of the department. Unless waived by express and informed

3650

consent by the child or the guardian or, if the child is

3651

deceased, by the child's personal representative or by the

3652

person who stands next in line of intestate succession, the

3653

privileged and confidential status of the clinical assessment

3654

and treatment record shall not be lost by either authorized or

3655

unauthorized disclosure to any person, organization, or agency.

3656

(g) The assessment and treatment record shall not be a

3657

public record, and no part of it shall be released, except that:

3658

1. The record shall be released to such persons and

3659

agencies as are designated by the child or the guardian.

3660

2. The record shall be released to persons authorized by

3661

order of court, excluding matters privileged by other provisions

3662

of law.

3663

3. The record or any part thereof shall be disclosed to a

3664

qualified researcher, as defined by rule; a staff member of the

3665

designated treatment facility; or an employee of the department

3666

when the administrator of the facility or the Secretary of

3667

Juvenile Justice deems it necessary for treatment of the child,

3668

maintenance of adequate records, compilation of treatment data,

3669

or evaluation of programs.

3670

4. Information from the assessment and treatment record

3671

may be used for statistical and research purposes if the

3672

information is abstracted in such a way as to protect the

3673

identity of individuals.

3674

(h) Notwithstanding other provisions of this section, the

3675

department may request, receive, and provide assessment and

3676

treatment information to facilitate treatment, rehabilitation,

3677

and continuity of care of any serious or habitual juvenile

3678

offender from any of the following:

3679

1. The Social Security Administration and the United

3680

States Department of Veterans Affairs.

3681

2. Law enforcement agencies, state attorneys, defense

3682

attorneys, and judges in regard to the child's status.

3683

3. Personnel in any facility in which the child may be

3684

placed.

3685

4. Community agencies and others expected to provide

3686

services to the child upon his or her return to the community.

3687

(i) Any law enforcement agency, designated treatment

3688

facility, governmental or community agency, or other entity that

3689

receives information under ~~pursuant to~~ this section shall

3690

maintain such information as a nonpublic record as otherwise

3691

provided herein.

3692

(j) Any agency, not-for-profit organization, or treatment

3693

professional who acts in good faith in releasing information

3694

under ~~pursuant to~~ this subsection shall not be subject to civil

3695

or criminal liability for such release.

3696

(k) Assessment and treatment records are confidential as

3697

described in this paragraph and exempt from ~~the provisions of~~ s.

3698

119.07(1) and s. 24(a), Art. I of the State Constitution.

3699

1. The department shall have full access to the assessment

3700

and treatment records to ensure coordination of services to the

3701

child.

3702

2. The principles of confidentiality of records as

3703

provided in s. 985.04 ~~shall~~ apply to the assessment and

3704

treatment records of serious or habitual juvenile offenders.

3705

(l) For purposes of effective administration, accurate

3706

tracking and recordkeeping, and optimal treatment decisions,

3707

each assessment and treatment provider shall maintain a central

3708

identification file on the serious or habitual juvenile

3709

offenders it treats.

3710

(m) The file of each serious or habitual juvenile offender

3711

shall contain, but is not limited to, pertinent children-in-

3712

need-of-services and delinquency record information maintained

3713

by the department; pertinent school records information on

3714

behavior, attendance, and achievement; and pertinent information

3715

on delinquency or children in need of services maintained by law

3716

enforcement agencies and the state attorney.

3717

(n) All providers under this section shall, as part of

3718

their contractual duties, collect, maintain, and report to the

3719

department all information necessary to comply with mandatory

3720

reporting pursuant to the promulgation of rules by the

3721

department for the implementation of serious or habitual

3722

juvenile offender programs and the monitoring and evaluation

3723

thereof.

3724

(o) The department is responsible for the development and

3725

maintenance of a statewide automated tracking system for serious

3726

or habitual juvenile offenders.

3727

(12)~~(5)~~ DESIGNATED TREATMENT FACILITIES.--

3728

(a) Designated facilities shall be sited and constructed

3729

by the department, directly or by contract, pursuant to

3730

departmental rules, to ensure that facility design is compatible

3731

with treatment. The department is authorized to contract for the

3732

construction of the facilities and may also lease facilities.

3733

The number of beds per facility shall not exceed 25. An

3734

assessment of need for additional facilities shall be conducted

3735

prior to the siting or construction of more than one facility in

3736

any judicial circuit.

3737

(b) Designated facilities for serious or habitual juvenile

3738

offenders shall be separate and secure facilities established

3739

under the authority of the department for the treatment of such

3740

children.

3741

3742

habitual juvenile offenders shall be determined by the

3743

department. The department is authorized to contract for the

3744

provision of security.

3745

(d) With respect to the treatment of serious or habitual

3746

juvenile offenders under this section, designated facilities

3747

shall be immune from liability for civil damages except in

3748

instances when the failure to act in good faith results in

3749

serious injury or death, in which case liability shall be

3750

governed by s. 768.28.

3751

(e) Minimum standards and requirements for designated

3752

treatment facilities shall be contractually prescribed under

3753

~~pursuant to~~ subsection (8)~~(1)~~.

3754

Section 57. Subsection (31) of section 985.03, Florida

3755

Statutes, is amended and renumbered as subsection (1) of section

3756

985.475, Florida Statutes, and subsection (3) of section

3757

985.231, Florida Statutes, is amended and renumbered as

3758

subsection (2) of section 985.475, Florida Statutes, to read:

3759

985.475 Juvenile sexual offenders.--

3760

(1)~~(31)~~ CRITERIA.--A "juvenile sexual offender" means:

3761

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

3762

~~pursuant to~~ s. 985.35 ~~985.228~~ to have committed a violation of

3763

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

3764

847.0133;

3765

(b) A juvenile found to have committed any felony

3766

violation of law or delinquent act involving juvenile sexual

3767

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

3768

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

3769

coercion. For purposes of this subsection, the following

3770

definitions apply:

3771

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

3772

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

3773

compliance.

3774

2. "Equality" means two participants operating with the

3775

same level of power in a relationship, neither being controlled

3776

nor coerced by the other.

3777

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

3778

following:

3779

a. Understanding what is proposed based on age, maturity,

3780

developmental level, functioning, and experience.

3781

b. Knowledge of societal standards for what is being

3782

proposed.

3783

c. Awareness of potential consequences and alternatives.

3784

d. Assumption that agreement or disagreement will be

3785

accepted equally.

3786

e. Voluntary decision.

3787

f. Mental competence.

3788

3789

Juvenile sexual offender behavior ranges from noncontact sexual

3790

behavior such as making obscene phone calls, exhibitionism,

3791

voyeurism, and the showing or taking of lewd photographs to

3792

varying degrees of direct sexual contact, such as frottage,

3793

fondling, digital penetration, rape, fellatio, sodomy, and

3794

various other sexually aggressive acts.

3795

(2)~~(3)~~ Following a delinquency adjudicatory hearing under

3796

~~pursuant to~~ s. 985.35 ~~985.228~~, the court may on its own or upon

3797

request by the state or the department and subject to specific

3798

appropriation, determine whether a juvenile sexual offender

3799

placement is required for the protection of the public and what

3800

would be the best approach to address the treatment needs of the

3801

juvenile sexual offender. When the court determines that a

3802

juvenile has no history of a recent comprehensive assessment

3803

focused on sexually deviant behavior, the court may, subject to

3804

specific appropriation, order the department to conduct or

3805

arrange for an examination to determine whether the juvenile

3806

sexual offender is amenable to community-based treatment.

3807

(a) The report of the examination shall include, at a

3808

minimum, the following:

3809

1. The juvenile sexual offender's account of the incident

3810

and the official report of the investigation.

3811

2. The juvenile sexual offender's offense history.

3812

3. A multidisciplinary assessment of the sexually deviant

3813

behaviors, including an assessment by a certified psychologist,

3814

therapist, or psychiatrist.

3815

4. An assessment of the juvenile sexual offender's family,

3816

social, educational, and employment situation. The report shall

3817

set forth the sources of the evaluator's information.

3818

(b) The report shall assess the juvenile sexual offender's

3819

amenability to treatment and relative risk to the victim and the

3820

community.

3821

3822

court that shall include, at a minimum:

3823

1. The frequency and type of contact between the offender

3824

and therapist.

3825

2. The specific issues and behaviors to be addressed in

3826

the treatment and description of planned treatment methods.

3827

3. Monitoring plans, including any requirements regarding

3828

living conditions, school attendance and participation,

3829

lifestyle, and monitoring by family members, legal guardians, or

3830

others.

3831

4. Anticipated length of treatment.

3832

5. Recommended crime-related prohibitions and curfew.

3833

6. Reasonable restrictions on the contact between the

3834

juvenile sexual offender and either the victim or alleged

3835

victim.

3836

(d) After receipt of the report on the proposed plan of

3837

treatment, the court shall consider whether the community and

3838

the offender will benefit from use of juvenile sexual offender

3839

community-based treatment alternative disposition and consider

3840

the opinion of the victim or the victim's family as to whether

3841

the offender should receive a community-based treatment

3842

alternative disposition under this subsection.

3843

(e) If the court determines that this juvenile sexual

3844

offender community-based treatment alternative is appropriate,

3845

the court may place the offender on community supervision for up

3846

to 3 years. As a condition of community treatment and

3847

supervision, the court may order the offender to:

3848

1. Undergo available outpatient juvenile sexual offender

3849

treatment for up to 3 years. A program or provider may not be

3850

used for such treatment unless it has an appropriate program

3851

designed for sexual offender treatment. The department shall not

3852

change the treatment provider without first notifying the state

3853

attorney's office.

3854

2. Remain within described geographical boundaries and

3855

notify the court or the department counselor prior to any change

3856

in the offender's address, educational program, or employment.

3857

3. Comply with all requirements of the treatment plan.

3858

(f) The juvenile sexual offender treatment provider shall

3859

submit quarterly reports on the respondent's progress in

3860

treatment to the court and the parties to the proceedings. The

3861

juvenile sexual offender reports shall reference the treatment

3862

plan and include, at a minimum, the following:

3863

1. Dates of attendance.

3864

2. The juvenile sexual offender's compliance with the

3865

requirements of treatment.

3866

3. A description of the treatment activities.

3867

4. The sexual offender's relative progress in treatment.

3868

5. The offender's family support of the treatment

3869

objectives.

3870

6. Any other material specified by the court at the time

3871

of the disposition.

3872

(g) At the disposition hearing, the court may set case

3873

review hearings as the court considers appropriate.

3874

(h) If the juvenile sexual offender violates any condition

3875

of the disposition or the court finds that the juvenile sexual

3876

offender is failing to make satisfactory progress in treatment,

3877

the court may revoke the community-based treatment alternative

3878

and order commitment to the department under s. 985.441 ~~pursuant~~

3879

~~to subsection (1)~~.

3880

(i) If the court determines that the juvenile sexual

3881

offender is not amenable to community-based treatment, the court

3882

shall proceed with a juvenile sexual offender disposition

3883

hearing under s. 985.441 ~~pursuant to subsection (1)~~.

3884

Section 58. Section 985.308, Florida Statutes, is

3885

renumbered as section 985.48, Florida Statutes.

3886

Section 59. Subsection (7) of section 985.03, Florida

3887

Statutes, is amended and renumbered as subsection (1) of section

3888

985.483, Florida Statutes, subsections (2), (4), and (5) of

3889

section 985.311, Florida Statutes, are amended and renumbered,

3890

respectively, as subsections (9), (11), and (12) of section

3891

985.483, Florida Statutes, paragraphs (e) through (i) and (k) of

3892

subsection (3) of section 985.311, Florida Statutes, are amended

3893

and renumbered, respectively, as subsections (2) through (6) and

3894

(7) of section 985.483, Florida Statutes, subsection (1) of

3895

section 985.311, Florida Statues, is renumbered as subsection

3896

(8) of section 985.483, Florida Statutes, and paragraphs (a)

3897

through (d) and (j) of subsection (3) of section 985.311,

3898

Florida Statutes, are renumbered as paragraphs (a) through (d)

3899

and (e) of subsection (10) of section 985.483, Florida Statutes,

3900

and amended to read:

3901

985.483 ~~985.311~~ Intensive residential treatment program

3902

for offenders less than 13 years of age.--

3903

(1)~~(7)~~ CRITERIA.--A "child eligible for an intensive

3904

residential treatment program for offenders less than 13 years

3905

of age" means a child who has been found to have committed a

3906

delinquent act or a violation of law in the case currently

3907

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

3908

criteria:

3909

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

3910

the disposition for the current offense and has been adjudicated

3911

on the current offense for:

3912

1. Arson;

3913

2. Sexual battery;

3914

3. Robbery;

3915

4. Kidnapping;

3916

5. Aggravated child abuse;

3917

6. Aggravated assault;

3918

7. Aggravated stalking;

3919

8. Murder;

3920

9. Manslaughter;

3921

10. Unlawful throwing, placing, or discharging of a

3922

destructive device or bomb;

3923

11. Armed burglary;

3924

12. Aggravated battery;

3925

13. Any lewd or lascivious offense committed upon or in

3926

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

3927

14. Carrying, displaying, using, threatening, or

3928

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

3929

felony.

3930

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

3931

the disposition, the current offense is a felony, and the child

3932

has previously been committed at least once to a delinquency

3933

commitment program.

3934

3935

currently committed for a felony offense and transferred from a

3936

moderate-risk or high-risk residential commitment placement.

3937

(2)~~(3)(e)~~ DETERMINATION.--After a child has been

3938

adjudicated delinquent under ~~pursuant to~~ s. 985.35~~985.228~~(5),

3939

the court shall determine whether the child is eligible for an

3940

intensive residential treatment program for offenders less than

3941

13 years of age under subsection (1) ~~pursuant to s. 985.03(7)~~.

3942

If the court determines that the child does not meet the

3943

criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445,

3944

985.45, and 985.455 ~~the provisions of s. 985.231(1)~~ shall apply.

3945

(3)~~(f)~~ PLACEMENT RECOMMENDATIONS.--After a child has been

3946

transferred for criminal prosecution, a circuit court judge may

3947

direct a juvenile probation officer to consult with designated

3948

staff from an appropriate intensive residential treatment

3949

program for offenders less than 13 years of age for the purpose

3950

of making recommendations to the court regarding the child's

3951

placement in such program.

3952

(4)~~(3)(g)~~ TIME AND PLACE FOR

3953

RECOMMENDATIONS.--Recommendations as to a child's placement in

3954

an intensive residential treatment program for offenders less

3955

than 13 years of age may be based on a preliminary screening of

3956

the child at appropriate sites, considering the child's location

3957

while court action is pending, which may include the nearest

3958

regional detention center or facility or jail.

3959

(5)~~(3)(h)~~ REPORTING RECOMMENDATIONS.--Based on the

3960

recommendations of the multidisciplinary assessment, the

3961

juvenile probation officer shall make the following

3962

recommendations to the court:

3963

(a)1. For each child who has not been transferred for

3964

criminal prosecution, the juvenile probation officer shall

3965

recommend whether placement in such program is appropriate and

3966

needed.

3967

(b)2. For each child who has been transferred for criminal

3968

prosecution, the juvenile probation officer shall recommend

3969

whether the most appropriate placement for the child is a

3970

juvenile justice system program, including a child who is

3971

eligible for an intensive residential treatment program for

3972

offenders less than 13 years of age, or placement in the adult

3973

correctional system.

3974

3975

If treatment provided by an intensive residential treatment

3976

program for offenders less than 13 years of age is determined to

3977

be appropriate and needed and placement is available, the

3978

juvenile probation officer and the court shall identify the

3979

appropriate intensive residential treatment program for

3980

offenders less than 13 years of age best suited to the needs of

3981

the child.

3982

(6)~~(3)(i)~~ ACTION ON RECOMMENDATIONS.--The treatment and

3983

placement recommendations shall be submitted to the court for

3984

further action under ~~pursuant to~~ this subsection ~~paragraph~~:

3985

(a)1. If it is recommended that placement in an intensive

3986

residential treatment program for offenders less than 13 years

3987

of age is inappropriate, the court shall make an alternative

3988

disposition under ~~pursuant to~~ s. 985.489 ~~985.309~~ or other

3989

alternative sentencing as applicable, using ~~utilizing~~ the

3990

recommendation as a guide.

3991

(b)2. If it is recommended that placement in an intensive

3992

residential treatment program for offenders less than 13 years

3993

of age is appropriate, the court may commit the child to the

3994

department for placement in the restrictiveness level designated

3995

for intensive residential treatment program for offenders less

3996

than 13 years of age.

3997

(7)~~(3)(k)~~ DURATION OF COMMITMENT.--Any commitment of a

3998

child to the department for placement in an intensive

3999

residential treatment program for offenders less than 13 years

4000

of age shall be for an indeterminate period of time, but the

4001

time shall not exceed the maximum term of imprisonment that

4002

~~which~~ an adult may serve for the same offense. Any child who has

4003

not completed the residential portion of the intensive

4004

residential treatment program for offenders less than 13 years

4005

of age by his or her fourteenth birthday may be transferred to

4006

another program for committed delinquent offenders.

4007

(8)~~(1)~~ ASSESSMENT AND TREATMENT SERVICES.--Pursuant to ~~the~~

4008

~~provisions of~~ this chapter and the establishment of appropriate

4009

program guidelines and standards, contractual instruments, which

4010

shall include safeguards of all constitutional rights, shall be

4011

developed for intensive residential treatment programs for

4012

offenders less than 13 years of age as follows:

4013

(a) The department shall provide for:

4014

1. The oversight of implementation of assessment and

4015

treatment approaches.

4016

2. The identification and prequalification of appropriate

4017

individuals or not-for-profit organizations, including minority

4018

individuals or organizations when possible, to provide

4019

assessment and treatment services to intensive offenders less

4020

than 13 years of age.

4021

3. The monitoring and evaluation of assessment and

4022

treatment services for compliance with ~~the provisions of~~ this

4023

chapter and all applicable rules and guidelines pursuant

4024

thereto.

4025

4. The development of an annual report on the performance

4026

of assessment and treatment to be presented to the Governor, the

4027

Attorney General, the President of the Senate, the Speaker of

4028

the House of Representatives, the Auditor General, and the

4029

Office of Program Policy Analysis and Government Accountability

4030

no later than January 1 of each year.

4031

(b) Assessment shall generally comprise the first 30 days

4032

of treatment and be provided by the same provider as treatment,

4033

but assessment and treatment services may be provided by

4034

separate providers, where warranted. Providers shall be selected

4035

who have the capacity to assess and treat the unique problems

4036

presented by children with different racial and ethnic

4037

backgrounds. The department shall retain contractual authority

4038

to reject any assessment or treatment provider for lack of

4039

qualification.

4040

(9)~~(2)~~ INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR

4041

OFFENDERS UNDER AGE 13.--

4042

(a) There is created the intensive residential treatment

4043

program for offenders less than 13 years of age. The program

4044

shall consist of at least 9 months of intensive secure

4045

residential treatment. Conditional release assessment and

4046

services shall be provided in accordance with s. 985.46 ~~985.316~~.

4047

The components of the program shall include, but not be limited

4048

to:

4049

1. Diagnostic evaluation services.

4050

2. Appropriate treatment modalities, including substance

4051

abuse intervention, mental health services, and sexual behavior

4052

dysfunction interventions and gang-related behavior

4053

interventions.

4054

3. Life skills.

4055

4. Values clarification.

4056

5. Case management services.

4057

6. Educational services, including special and remedial

4058

education.

4059

7. Recreational and leisure time activities.

4060

8. Community involvement opportunities commencing, where

4061

appropriate, with the direct and timely payment of restitution

4062

to the victim.

4063

9. Intensive conditional release supervision.

4064

10. Graduated reentry into the community.

4065

11. A diversity of forms of individual and family

4066

treatment appropriate to and consistent with the child's needs.

4067

12. Consistent and clear consequences for misconduct.

4068

(b) The department is authorized to contract with private

4069

companies to provide some or all of the components indicated in

4070

paragraph (a).

4071

4072

agencies, the judiciary, school board personnel, the office of

4073

the state attorney, the office of the public defender, and

4074

community service agencies interested in or currently working

4075

with juveniles, in planning and developing this program.

4076

(d) The department is authorized to accept funds or in-

4077

kind contributions from public or private sources to be used for

4078

the purposes of this section.

4079

(e) The department shall establish quality assurance

4080

standards to ensure the quality and substance of mental health

4081

services provided to children with mental, nervous, or emotional

4082

disorders who may be committed to intensive residential

4083

treatment programs. The quality assurance standards shall

4084

address the possession of credentials by the mental health

4085

service providers.

4086

(10)~~(3)~~ PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

4087

TREATMENT.--

4088

(a) Assessment and treatment shall be conducted by

4089

treatment professionals with expertise in specific treatment

4090

procedures. These~~, which~~ professionals shall exercise all

4091

professional judgment independently of the department.

4092

(b) Treatment provided to children in designated

4093

facilities shall be suited to the assessed needs of each

4094

individual child and shall be administered safely and humanely,

4095

with respect for human dignity.

4096

4097

implementation and operation of programs and facilities for

4098

children who are eligible for an intensive residential treatment

4099

program for offenders less than 13 years of age. The department

4100

must involve the following groups in the promulgation of rules

4101

for services for this population: local law enforcement

4102

agencies, the judiciary, school board personnel, the office of

4103

the state attorney, the office of the public defender, and

4104

community service agencies interested in or currently working

4105

with juveniles. When promulgating these rules, the department

4106

must consider program principles, components, standards,

4107

procedures for intake, diagnostic and assessment activities,

4108

treatment modalities, and case management.

4109

(d) Any provider who acts in good faith is immune from

4110

civil or criminal liability for his or her actions in connection

4111

with the assessment, treatment, or transportation of an

4112

intensive offender less than 13 years of age under ~~the~~

4113

~~provisions of~~ this chapter.

4114

(e)~~(j)~~ The following provisions shall apply to children in

4115

an intensive residential treatment program for offenders less

4116

than 13 years of age:

4117

1. A child shall begin participation in the conditional

4118

release component of the program based upon a determination made

4119

by the treatment provider and approved by the department.

4120

2. A child shall begin participation in the community

4121

supervision component of conditional release based upon a

4122

determination made by the treatment provider and approved by the

4123

department. The treatment provider shall give written notice of

4124

the determination to the circuit court having jurisdiction over

4125

the child. If the court does not respond with a written

4126

objection within 10 days, the child shall begin the conditional

4127

release component.

4128

3. A child shall be discharged from the program based upon

4129

a determination made by the treatment provider with the approval

4130

of the department.

4131

4. In situations where the department does not agree with

4132

the decision of the treatment provider, a reassessment shall be

4133

performed, and the department shall use ~~utilize~~ the reassessment

4134

determination to resolve the disagreement and make a final

4135

decision.

4136

(11)~~(4)~~ ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

4137

(a) Under ~~Pursuant to the provisions of~~ this section, the

4138

department shall implement the comprehensive assessment

4139

instrument for the treatment needs of children who are eligible

4140

for an intensive residential treatment program for offenders

4141

less than 13 years of age and for the assessment, which

4142

assessment shall include the criteria under subsection (1) s.

4143

~~985.03(7)~~ and shall also include, but not be limited to,

4144

evaluation of the child's:

4145

1. Amenability to treatment.

4146

2. Proclivity toward violence.

4147

3. Tendency toward gang involvement.

4148

4. Substance abuse or addiction and the level thereof.

4149

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

4150

abuse, or indication of sexual behavior dysfunction.

4151

6. Number and type of previous adjudications, findings of

4152

guilt, and convictions.

4153

7. Potential for rehabilitation.

4154

(b) The department shall contract with multiple

4155

individuals or not-for-profit organizations to perform the

4156

assessments and treatment, and shall ensure that the staff of

4157

each provider is ~~are~~ appropriately trained.

4158

4159

written procedure developed, in consultation with licensed

4160

treatment professionals, establishing conditions under which a

4161

child's blood and urine samples will be tested for substance

4162

abuse indications. ~~It is not unlawful for~~ The person receiving

4163

the test results may to divulge the test results to the relevant

4164

facility staff and department personnel;. however, such

4165

information is exempt from ~~the provisions of~~ ss. 119.01 and

4166

119.07(1) and s. 24(a), Art. I of the State Constitution.

4167

(d) Serologic blood test and urinalysis results obtained

4168

under ~~pursuant to~~ paragraph (c) are confidential, except that

4169

they may be shared with employees or officers of the department,

4170

the court, and any assessment or treatment provider and

4171

designated facility treating the child. No person to whom the

4172

results of a test have been disclosed under this section may

4173

disclose the test results to another person not authorized under

4174

this section.

4175

(e) The results of any serologic blood or urine test on a

4176

child who is eligible for an intensive residential treatment

4177

program for offenders less than 13 years of age shall become a

4178

part of that child's permanent medical file. Upon transfer of

4179

the child to any other designated treatment facility, such file

4180

shall be transferred in an envelope marked confidential. The

4181

results of any test designed to identify the human

4182

immunodeficiency virus, or its antigen or antibody, shall be

4183

accessible only to persons designated by rule of the department.

4184

The provisions of such rule shall be consistent with the

4185

guidelines established by the Centers for Disease Control and

4186

Prevention.

4187

(f) A record of the assessment and treatment of each child

4188

who is eligible for an intensive residential treatment program

4189

for offenders less than 13 years of age shall be maintained by

4190

the provider, which shall include data pertaining to the child's

4191

treatment and such other information as may be required under

4192

rules of the department. Unless waived by express and informed

4193

consent by the child or the guardian or, if the child is

4194

deceased, by the child's personal representative or by the

4195

person who stands next in line of intestate succession, the

4196

privileged and confidential status of the clinical assessment

4197

and treatment record shall not be lost by either authorized or

4198

unauthorized disclosure to any person, organization, or agency.

4199

(g) The assessment and treatment record shall not be a

4200

public record, and no part of it shall be released, except that:

4201

1. The record shall be released to such persons and

4202

agencies as are designated by the child or the guardian.

4203

2. The record shall be released to persons authorized by

4204

order of court, excluding matters privileged by other provisions

4205

of law.

4206

3. The record or any part thereof shall be disclosed to a

4207

qualified researcher, as defined by rule; a staff member of the

4208

designated treatment facility; or an employee of the department

4209

when the administrator of the facility or the Secretary of

4210

Juvenile Justice deems it necessary for treatment of the child,

4211

maintenance of adequate records, compilation of treatment data,

4212

or evaluation of programs.

4213

4. Information from the assessment and treatment record

4214

may be used for statistical and research purposes if the

4215

information is abstracted in such a way as to protect the

4216

identity of individuals.

4217

(h) Notwithstanding other provisions of this section, the

4218

department may request, receive, and provide assessment and

4219

treatment information to facilitate treatment, rehabilitation,

4220

and continuity of care of any child who is eligible for an

4221

intensive residential treatment program for offenders less than

4222

13 years of age from any of the following:

4223

1. The Social Security Administration and the United

4224

States Department of Veterans Affairs.

4225

2. Law enforcement agencies, state attorneys, defense

4226

attorneys, and judges in regard to the child's status.

4227

3. Personnel in any facility in which the child may be

4228

placed.

4229

4. Community agencies and others expected to provide

4230

services to the child upon his or her return to the community.

4231

(i) Any law enforcement agency, designated treatment

4232

facility, governmental or community agency, or other entity that

4233

receives information under ~~pursuant to~~ this section shall

4234

maintain such information as a nonpublic record as otherwise

4235

provided herein.

4236

(j) Any agency, not-for-profit organization, or treatment

4237

professional who acts in good faith in releasing information

4238

under ~~pursuant to~~ this subsection shall not be subject to civil

4239

or criminal liability for such release.

4240

(k) Assessment and treatment records are confidential as

4241

described in this paragraph and exempt from ~~the provisions of~~ s.

4242

119.07(1) and s. 24(a), Art. I of the State Constitution.

4243

1. The department shall have full access to the assessment

4244

and treatment records to ensure coordination of services to the

4245

child.

4246

2. The principles of confidentiality of records as

4247

provided in s. 985.045 ~~985.05~~ shall apply to the assessment and

4248

treatment records of children who are eligible for an intensive

4249

residential treatment program for offenders less than 13 years

4250

of age.

4251

(l) For purposes of effective administration, accurate

4252

tracking and recordkeeping, and optimal treatment decisions,

4253

each assessment and treatment provider shall maintain a central

4254

identification file on each child it treats in the intensive

4255

residential treatment program for offenders less than 13 years

4256

of age.

4257

(m) The file of each child treated in the intensive

4258

residential treatment program for offenders less than 13 years

4259

of age shall contain, but is not limited to, pertinent children-

4260

in-need-of-services and delinquency record information

4261

maintained by the department; pertinent school records

4262

information on behavior, attendance, and achievement; and

4263

pertinent information on delinquency or children in need of

4264

services maintained by law enforcement agencies and the state

4265

attorney.

4266

(n) All providers under this section shall, as part of

4267

their contractual duties, collect, maintain, and report to the

4268

department all information necessary to comply with mandatory

4269

reporting pursuant to the promulgation of rules by the

4270

department for the implementation of intensive residential

4271

treatment programs for offenders less than 13 years of age and

4272

the monitoring and evaluation thereof.

4273

(o) The department is responsible for the development and

4274

maintenance of a statewide automated tracking system for

4275

children who are treated in an intensive residential treatment

4276

program for offenders less than 13 years of age.

4277

(12)~~(5)~~ DESIGNATED TREATMENT FACILITIES.--

4278

(a) Designated facilities shall be sited and constructed

4279

by the department, directly or by contract, pursuant to

4280

departmental rules, to ensure that facility design is compatible

4281

with treatment. The department is authorized to contract for the

4282

construction of the facilities and may also lease facilities.

4283

The number of beds per facility shall not exceed 25. An

4284

assessment of need for additional facilities shall be conducted

4285

prior to the siting or construction of more than one facility in

4286

any judicial circuit.

4287

(b) Designated facilities for an intensive residential

4288

treatment program for offenders less than 13 years of age shall

4289

be separate and secure facilities established under the

4290

authority of the department for the treatment of such children.

4291

4292

are eligible for an intensive residential treatment program for

4293

offenders less than 13 years of age shall be determined by the

4294

department. The department is authorized to contract for the

4295

provision of security.

4296

(d) With respect to the treatment of children who are

4297

eligible for an intensive residential treatment program for

4298

offenders less than 13 years of age under this section,

4299

designated facilities shall be immune from liability for civil

4300

damages except in instances when the failure to act in good

4301

faith results in serious injury or death, in which case

4302

liability shall be governed by s. 768.28.

4303

(e) Minimum standards and requirements for designated

4304

treatment facilities shall be contractually prescribed under

4305

~~pursuant to~~ subsection (8)~~(1)~~.

4306

Section 60. Section 985.312, Florida Statutes, is

4307

renumbered as section 985.486, Florida Statutes, and amended to

4308

read:

4309

985.486 ~~985.312~~ Intensive residential treatment programs

4310

for offenders less than 13 years of age; prerequisite for

4311

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

4312

intensive residential treatment program for offenders less than

4313

13 years of age as established in s. 985.483(1) ~~985.03(7)~~, may

4314

be committed to any intensive residential treatment program for

4315

offenders less than 13 years of age as established in s. 985.483

4316

~~985.311~~, unless such program has been established by the

4317

department through existing resources or specific appropriation,

4318

for such program.

4319

Section 61. Section 985.309, Florida Statutes, is

4320

renumbered as section 985.489, Florida Statutes, and subsection

4321

(6) of said section is amended to read:

4322

985.489 ~~985.309~~ Boot camp for children.--

4323

(6) A boot camp operated by the department, a county, or a

4324

municipality must provide for the following minimum periods of

4325

participation:

4326

(a) A participant in a low-risk residential program must

4327

spend at least 2 months in the boot camp component of the

4328

program. Conditional release assessment and services shall be

4329

provided in accordance with s. 985.46 ~~985.316~~.

4330

(b) A participant in a moderate-risk residential program

4331

must spend at least 4 months in the boot camp component of the

4332

program. Conditional release assessment and services shall be

4333

provided in accordance with s. 985.46 ~~985.316~~.

4334

4335

This subsection does not preclude the operation of a program

4336

that requires the participants to spend more than 4 months in

4337

the boot camp component of the program or that requires the

4338

participants to complete two sequential programs of 4 months

4339

each in the boot camp component of the program.

4340

Section 62. Section 985.314, Florida Statutes, is

4341

renumbered as section 985.494, Florida Statutes, and amended to

4342

read:

4343

985.494 ~~985.314~~ Commitment programs for juvenile felony

4344

offenders.--

4345

(1) Notwithstanding any other law and regardless of the

4346

child's age, a child who is adjudicated delinquent, or for whom

4347

adjudication is withheld, for an act that would be a felony if

4348

committed by an adult, shall be committed to:

4349

(a) A boot camp program under s. 985.489 ~~985.309~~ if the

4350

child has participated in an early delinquency intervention

4351

program as provided in s. 985.61 ~~985.305~~.

4352

(b) A program for serious or habitual juvenile offenders

4353

under s. 985.47 ~~985.31~~ or an intensive residential treatment

4354

program for offenders less than 13 years of age under s. 985.483

4355

~~985.311~~, if the child has participated in an early delinquency

4356

intervention program and has completed a boot camp program.

4357

4358

participated in an early delinquency intervention program, has

4359

completed a boot camp program, and has completed a program for

4360

serious or habitual juvenile offenders or an intensive

4361

residential treatment program for offenders less than 13 years

4362

of age. The commitment of a child to a maximum-risk residential

4363

program must be for an indeterminate period, but may not exceed

4364

the maximum term of imprisonment that an adult may serve for the

4365

same offense.

4366

(2) In committing a child to the appropriate program, the

4367

court may consider an equivalent program of similar intensity as

4368

being comparable to a program required under subsection (1).

4369

Section 63. Section 985.511, Florida Statutes, is created

4370

to read:

4371

985.511 Costs of representation.--The responsibilities of

4372

the parents or legal guardian of the child to pay costs

4373

associated with the representation of the child are prescribed

4374

under s. 985.033.

4375

Section 64. Section 985.204, Florida Statutes, is

4376

renumbered as section 985.512, Florida Statutes.

4377

Section 65. Paragraph (e) of subsection (1) of section

4378

985.231, Florida Statutes, is amended and renumbered as

4379

subsection (2) of section 985.513, Florida Statutes, which is

4380

created to read:

4381

985.513 Powers of the court over parent or guardian at

4382

disposition.-

4383

(1) The court that has jurisdiction of an adjudicated

4384

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

4385

determination of a sanction and rehabilitative program was made

4386

at the disposition hearing:

4387

(a) Order the child's parent or guardian together with the

4388

child to render community service in a public service program or

4389

to participate in a community work project. In addition to the

4390

sanctions imposed on the child, the court may order the parent

4391

or guardian of the child to perform community service if the

4392

court finds that the parent or guardian did not make a diligent

4393

and good faith effort to prevent the child from engaging in

4394

delinquent acts.

4395

(b) Order the parent or guardian to make restitution in

4396

money or in kind for any damage or loss caused by the child's

4397

offense. The court may also require the parent or legal guardian

4398

of the child to be responsible for any restitution ordered

4399

against the child, as provided under s. 985.437. The court shall

4400

determine a reasonable amount or manner of restitution, and

4401

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

4402

provided in s. 985.437. The court may retain jurisdiction, as

4403

provided under s. 985.0301, over the child and the child's

4404

parent or legal guardian whom the court has ordered to pay

4405

restitution until the restitution order is satisfied or the

4406

court orders otherwise.

4407

~~(1)~~

4408

(2)~~(e)~~ Notwithstanding whether adjudication is imposed or

4409

withheld ~~In carrying out the provisions of this part~~, the court

4410

may order the natural parents or legal custodian or guardian of

4411

a child who is found to have committed a delinquent act to

4412

participate in family counseling and other professional

4413

counseling activities deemed necessary for the rehabilitation of

4414

the child or to enhance their ability to provide the child with

4415

adequate support, guidance, and supervision. The court may also

4416

order that the parent, custodian, or guardian support the child

4417

and participate with the child in fulfilling a court-imposed

4418

sanction. In addition, the court may use its contempt powers to

4419

enforce a court-imposed sanction.

4420

Section 66. Section 985.514, Florida Statutes, is created

4421

to read:

4422

985.514 Responsibility for cost of care; fees.--

4423

(1) When any child is placed into secure or home detention

4424

care or into other placement for the purpose of being supervised

4425

by the department pursuant to a court order following a

4426

detention hearing, the court shall order the parents or

4427

guardians of such child to pay fees to the department as

4428

provided in s. 985.039.

4429

(2) When any child is found by the court to have committed

4430

a delinquent act and is placed on probation, regardless of

4431

adjudication, under the supervision of or in the temporary legal

4432

custody of the department, the court shall order the child's

4433

parents to pay fees to the department as provided in s. 985.039.

4434

(3) When the court under s. 985.565 orders any child

4435

prosecuted as an adult to be supervised by or committed to the

4436

department for treatment in any of the department's programs for

4437

children, the court shall order the child's parents to pay fees

4438

as provided in s. 985.039.

4439

Section 67. Section 985.234, Florida Statutes, is

4440

renumbered as section 985.534, Florida Statutes, and subsection

4441

(1) of said section is amended to read:

4442

985.534 ~~985.234~~ Appeal.--

4443

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

4444

to a case involving a child under ~~pursuant to~~ this chapter ~~part~~

4445

may be taken to the appropriate district court of appeal within

4446

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

4447

Florida Rules of Appellate Procedure by:

4448

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

4449

custodian of any child.

4450

(b) The state, which may appeal from:

4451

1. An order dismissing a petition or any section thereof;

4452

2. An order granting a new adjudicatory hearing;

4453

3. An order arresting judgment;

4454

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

4455

adjudicated delinquent and appeals from the judgment;

4456

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

4457

6. A judgment discharging a child on habeas corpus;

4458

7. An order adjudicating a child insane under the Florida

4459

Rules of Juvenile Procedure; and

4460

8. All other preadjudicatory hearings, except that the

4461

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

4462

any case.

4463

4464

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

4465

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

4466

authorized assistant under ~~pursuant to the provisions of~~ s.

4467

27.18. Such an appeal shall embody all assignments of error in

4468

each preadjudicatory hearing order that the state seeks to have

4469

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

4470

the child's attorney's fee.

4471

Section 68. Sections 985.235 and 985.236, Florida

4472

Statutes, are renumbered, respectively, as sections 985.535 and

4473

985.536, Florida Statutes.

4474

Section 69. Section 985.226, Florida Statutes, is

4475

renumbered as section 985.556, Florida Statutes, and amended to

4476

read:

4477

985.556 ~~985.226~~ Waiver of juvenile court jurisdiction;

4478

hearing ~~Criteria for waiver of juvenile court jurisdiction;~~

4479

~~hearing on motion to transfer for prosecution as an adult~~.--

4480

(1) VOLUNTARY WAIVER.--The court shall transfer and

4481

certify a child's criminal case for trial as an adult if the

4482

child is alleged to have committed a violation of law and, prior

4483

to the commencement of an adjudicatory hearing, the child,

4484

joined by a parent or, in the absence of a parent, by the

4485

guardian or guardian ad litem, demands in writing to be tried as

4486

an adult. Once a child has been transferred for criminal

4487

prosecution pursuant to a voluntary waiver hearing and has been

4488

found to have committed the presenting offense or a lesser

4489

included offense, the child shall be handled thereafter in every

4490

respect as an adult for any subsequent violation of state law,

4491

unless the court imposes juvenile sanctions under s. 985.565

4492

~~985.233~~(4)(b).

4493

(2) INVOLUNTARY DISCRETIONARY WAIVER.--

4494

~~(a) Discretionary waiver.--~~Except as provided in

4495

subsection (3) ~~paragraph (b)~~, the state attorney may file a

4496

motion requesting the court to transfer the child for criminal

4497

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

4498

time the alleged delinquent act or violation of law was

4499

committed.

4500

(3) INVOLUNTARY MANDATORY WAIVER.--

4501

~~(b) Mandatory waiver.--~~

4502

(a)1. If the child was 14 years of age or older, and if

4503

the child has been previously adjudicated delinquent for an act

4504

classified as a felony, which adjudication was for the

4505

commission of, attempt to commit, or conspiracy to commit

4506

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

4507

carjacking, home-invasion robbery, aggravated battery,

4508

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

4509

the child is currently charged with a second or subsequent

4510

violent crime against a person; or

4511

(b)2. If the child was 14 years of age or older at the

4512

time of commission of a fourth or subsequent alleged felony

4513

offense and the child was previously adjudicated delinquent or

4514

had adjudication withheld for or was found to have committed, or

4515

to have attempted or conspired to commit, three offenses that

4516

are felony offenses if committed by an adult, and one or more of

4517

such felony offenses involved the use or possession of a firearm

4518

or violence against a person;

4519

4520

the state attorney shall request the court to transfer and

4521

certify the child for prosecution as an adult or shall provide

4522

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

4523

proceed under ~~pursuant to~~ s. 985.557 ~~985.227~~(1). Upon the state

4524

attorney's request, the court shall either enter an order

4525

transferring the case and certifying the case for trial as if

4526

the child were an adult or provide written reasons for not

4527

issuing such an order.

4528

(4)~~(3)~~ WAIVER HEARING.--

4529

(a) Within 7 days, excluding Saturdays, Sundays, and legal

4530

holidays, after the date a petition alleging that a child has

4531

committed a delinquent act or violation of law has been filed,

4532

or later with the approval of the court, but before an

4533

adjudicatory hearing and after considering the recommendation of

4534

the juvenile probation officer, the state attorney may file a

4535

motion requesting the court to transfer the child for criminal

4536

prosecution.

4537

(b) After the filing of the motion of the state attorney,

4538

summonses must be issued and served in conformity with s.

4539

985.319 ~~985.219~~. A copy of the motion and a copy of the

4540

delinquency petition, if not already served, must be attached to

4541

each summons.

4542

4543

request motions for the purpose of determining whether a child

4544

should be transferred. In making its determination, the court

4545

shall consider:

4546

1. The seriousness of the alleged offense to the community

4547

and whether the protection of the community is best served by

4548

transferring the child for adult sanctions.

4549

2. Whether the alleged offense was committed in an

4550

aggressive, violent, premeditated, or willful manner.

4551

3. Whether the alleged offense was against persons or

4552

against property, greater weight being given to offenses against

4553

persons, especially if personal injury resulted.

4554

4. The probable cause as found in the report, affidavit,

4555

or complaint.

4556

5. The desirability of trial and disposition of the entire

4557

offense in one court when the child's associates in the alleged

4558

crime are adults or children who are to be tried as adults.

4559

6. The sophistication and maturity of the child.

4560

7. The record and previous history of the child,

4561

including:

4562

a. Previous contacts with the department, the Department

4563

of Corrections, the former Department of Health and

4564

Rehabilitative Services, the Department of Children and Family

4565

Services, other law enforcement agencies, and courts;

4566

b. Prior periods of probation;

4567

c. Prior adjudications that the child committed a

4568

delinquent act or violation of law, greater weight being given

4569

if the child has previously been found by a court to have

4570

committed a delinquent act or violation of law involving an

4571

offense classified as a felony or has twice previously been

4572

found to have committed a delinquent act or violation of law

4573

involving an offense classified as a misdemeanor; and

4574

d. Prior commitments to institutions.

4575

8. The prospects for adequate protection of the public and

4576

the likelihood of reasonable rehabilitation of the child, if the

4577

child is found to have committed the alleged offense, by the use

4578

of procedures, services, and facilities currently available to

4579

the court.

4580

(d) Prior to a hearing on the transfer request motion by

4581

the state attorney, a study and report to the court relevant to

4582

the factors in paragraph (c) must be made in writing by an

4583

authorized agent of the department. The child and the child's

4584

parents or legal guardians and counsel and the state attorney

4585

shall have the right to examine these reports and to question

4586

the parties responsible for them at the hearing.

4587

(e) Any decision to transfer a child for criminal

4588

prosecution must be in writing and include consideration of, and

4589

findings of fact with respect to, all criteria in paragraph (c).

4590

The court shall render an order including a specific finding of

4591

fact and the reasons for a decision to impose adult sanctions.

4592

The order shall be reviewable on appeal under s. 985.534 ~~985.234~~

4593

and the Florida Rules of Appellate Procedure.

4594

(5)~~(4)~~ EFFECT OF ORDER WAIVING JURISDICTION.--

4595

(a) Once a child has been transferred for criminal

4596

prosecution pursuant to an involuntary waiver hearing and has

4597

been found to have committed the presenting offense or a lesser

4598

included offense, the child shall thereafter be handled in every

4599

respect as an adult for any subsequent violation of state law,

4600

unless the court imposes juvenile sanctions under s. 985.565

4601

~~985.233~~.

4602

(b) When a child is transferred for criminal prosecution

4603

as an adult, the court shall immediately transfer and certify to

4604

the adult circuit court all felony cases pertaining to the

4605

child, for prosecution of the child as an adult, which have not

4606

yet resulted in a plea of guilty or nolo contendere or in which

4607

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

4608

of all charged offenses or lesser included offenses contained in

4609

the original case transferred to adult court, all felony cases

4610

that were transferred to adult court under ~~pursuant to~~ this

4611

paragraph shall be subject to the same penalties such cases were

4612

subject to before being transferred to adult court.

4613

Section 70. Section 985.227, Florida Statutes, is

4614

renumbered as section 985.557, Florida Statutes, and amended to

4615

read:

4616

985.557 ~~985.227~~ ~~Prosecution of juveniles as adults by the~~

4617

Direct filing of an information ~~in the criminal division of the~~

4618

~~circuit court~~; discretionary and ~~criteria;~~ mandatory criteria.--

4619

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

4620

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

4621

age at the time the alleged offense was committed, the state

4622

attorney may file an information when in the state attorney's

4623

judgment and discretion the public interest requires that adult

4624

sanctions be considered or imposed and when the offense charged

4625

is for the commission of, attempt to commit, or conspiracy to

4626

commit:

4627

1. Arson;

4628

2. Sexual battery;

4629

3. Robbery;

4630

4. Kidnapping;

4631

5. Aggravated child abuse;

4632

6. Aggravated assault;

4633

7. Aggravated stalking;

4634

8. Murder;

4635

9. Manslaughter;

4636

10. Unlawful throwing, placing, or discharging of a

4637

destructive device or bomb;

4638

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

4639

specified burglary of a dwelling or structure in violation of s.

4640

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

4641

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

4642

12. Aggravated battery;

4643

13. Any lewd or lascivious offense committed upon or in

4644

the presence of a person less than 16 years of age;

4645

14. Carrying, displaying, using, threatening, or

4646

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

4647

felony;

4648

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

4649

16. Possessing or discharging any weapon or firearm on

4650

school property in violation of s. 790.115;

4651

17. Home invasion robbery;

4652

18. Carjacking; or

4653

19. Grand theft of a motor vehicle in violation of s.

4654

812.014(2)(c)6. or grand theft of a motor vehicle valued at

4655

$20,000 or more in violation of s. 812.014(2)(b) if the child

4656

has a previous adjudication for grand theft of a motor vehicle

4657

in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

4658

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

4659

age at the time the alleged offense was committed, the state

4660

attorney may file an information when in the state attorney's

4661

judgment and discretion the public interest requires that adult

4662

sanctions be considered or imposed. However, the state attorney

4663

may not file an information on a child charged with a

4664

misdemeanor, unless the child has had at least two previous

4665

adjudications or adjudications withheld for delinquent acts, one

4666

of which involved an offense classified as a felony under state

4667

law.

4668

(2) MANDATORY DIRECT FILE.--

4669

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

4670

age at the time the alleged offense was committed, the state

4671

attorney shall file an information if the child has been

4672

previously adjudicated delinquent for an act classified as a

4673

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

4674

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

4675

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

4676

aggravated battery, or aggravated assault, and the child is

4677

currently charged with a second or subsequent violent crime

4678

against a person.

4679

(b) With respect to any child 16 or 17 years of age at the

4680

time an offense classified as a forcible felony, as defined in

4681

s. 776.08, was committed, the state attorney shall file an

4682

information if the child has previously been adjudicated

4683

delinquent or had adjudication withheld for three acts

4684

classified as felonies each of which occurred at least 45 days

4685

apart from each other. This paragraph does not apply when the

4686

state attorney has good cause to believe that exceptional

4687

circumstances exist which preclude the just prosecution of the

4688

juvenile in adult court.

4689

4690

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

4691

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

4692

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

4693

involves stealing a motor vehicle, including, but not limited

4694

to, a violation of s. 812.133, relating to carjacking, or s.

4695

812.014(2)(c)6., relating to grand theft of a motor vehicle, and

4696

while the child was in possession of the stolen motor vehicle

4697

the child caused serious bodily injury to or the death of a

4698

person who was not involved in the underlying offense. For

4699

purposes of this section, the driver and all willing passengers

4700

in the stolen motor vehicle at the time such serious bodily

4701

injury or death is inflicted shall also be subject to mandatory

4702

transfer to adult court. "Stolen motor vehicle," for the

4703

purposes of this section, means a motor vehicle that has been

4704

the subject of any criminal wrongful taking. For purposes of

4705

this section, "willing passengers" means all willing passengers

4706

who have participated in the underlying offense.

4707

(d)1. With respect to any child who was 16 or 17 years of

4708

age at the time the alleged offense was committed, the state

4709

attorney shall file an information if the child has been charged

4710

with committing or attempting to commit an offense listed in s.

4711

775.087(2)(a)1.a.-q., and, during the commission of or attempt

4712

to commit the offense, the child:

4713

a. Actually possessed a firearm or destructive device, as

4714

those terms are defined in s. 790.001.

4715

b. Discharged a firearm or destructive device, as

4716

described in s. 775.087(2)(a)2.

4717

c. Discharged a firearm or destructive device, as

4718

described in s. 775.087(2)(a)3., and, as a result of the

4719

discharge, death or great bodily harm was inflicted upon any

4720

person.

4721

2. Upon transfer, any child who is:

4722

a. Charged under ~~pursuant to~~ sub-subparagraph 1.a. and who

4723

has been previously adjudicated or had adjudication withheld for

4724

a forcible felony offense or any offense involving a firearm, or

4725

who has been previously placed in a residential commitment

4726

program, shall be subject to sentencing under s. 775.087(2)(a),

4727

notwithstanding s. 985.565 ~~985.233~~.

4728

b. Charged under ~~pursuant to~~ sub-subparagraph 1.b. or sub-

4729

subparagraph 1.c., shall be subject to sentencing under s.

4730

775.087(2)(a), notwithstanding s. 985.565 ~~985.233~~.

4731

3. Upon transfer, any child who is charged under ~~pursuant~~

4732

to this paragraph, but who does not meet the requirements

4733

specified in subparagraph 2., shall be sentenced under ~~pursuant~~

4734

to s. 985.565 ~~985.233~~; however, if the court imposes a juvenile

4735

sanction, the court must commit the child to a high-risk or

4736

maximum-risk juvenile facility.

4737

4. This paragraph shall not apply if the state attorney

4738

has good cause to believe that exceptional circumstances exist

4739

that ~~which~~ preclude the just prosecution of the child in adult

4740

court.

4741

5. The Department of Corrections shall make every

4742

reasonable effort to ensure that any child 16 or 17 years of age

4743

who is convicted and sentenced under this paragraph be

4744

completely separated such that there is no physical contact with

4745

adult offenders in the facility, to the extent that it is

4746

consistent with chapter 958.

4747

(3) EFFECT OF DIRECT FILE.--

4748

(a) Once a child has been transferred for criminal

4749

prosecution pursuant to an information and has been found to

4750

have committed the presenting offense or a lesser included

4751

offense, the child shall be handled thereafter in every respect

4752

as if an adult for any subsequent violation of state law, unless

4753

the court imposes juvenile sanctions under s. 985.565 ~~985.233~~.

4754

(b) When a child is transferred for criminal prosecution

4755

as an adult, the court shall immediately transfer and certify to

4756

the adult circuit court all felony cases pertaining to the

4757

child, for prosecution of the child as an adult, which have not

4758

yet resulted in a plea of guilty or nolo contendere or in which

4759

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

4760

all charged offenses or lesser included offenses contained in

4761

the original case transferred to adult court, all felony cases

4762

that were transferred to adult court as a result of this

4763

paragraph shall be subject to the same penalties to which such

4764

cases would have been subject before being transferred to adult

4765

court.

4766

4767

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

4768

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

4769

under s. 985.565 ~~985.233~~ and may include the enforcement of any

4770

restitution ordered in any juvenile proceeding.

4771

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

4772

attorney shall develop written policies and guidelines to govern

4773

determinations for filing an information on a juvenile, to be

4774

submitted to the Executive Office of the Governor, the President

4775

of the Senate, and the Speaker of the House of Representatives

4776

not later than January 1 of each year.

4777

(5) An information filed pursuant to this section may

4778

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

4779

episode, or transaction as the primary offenses.

4780

Section 71. Section 985.225, Florida Statutes, is

4781

renumbered as section 985.56, Florida Statutes, and amended to

4782

read:

4783

985.56 ~~985.225~~ Indictment of a juvenile.--

4784

(1) A child of any age who is charged with a violation of

4785

state law punishable by death or by life imprisonment is subject

4786

to the jurisdiction of the court as set forth in s. 985.0301(2)

4787

~~985.219(8)~~ unless and until an indictment on the charge is

4788

returned by the grand jury. When such indictment is returned,

4789

the petition for delinquency, if any, must be dismissed and the

4790

child must be tried and handled in every respect as an adult:

4791

(a) On the offense punishable by death or by life

4792

imprisonment; and

4793

(b) On all other felonies or misdemeanors charged in the

4794

indictment which are based on the same act or transaction as the

4795

offense punishable by death or by life imprisonment or on one or

4796

more acts or transactions connected with the offense punishable

4797

by death or by life imprisonment.

4798

(2) An adjudicatory hearing may not be held until 21 days

4799

after the child is taken into custody and charged with having

4800

committed an offense punishable by death or by life

4801

imprisonment, unless the state attorney advises the court in

4802

writing that he or she does not intend to present the case to

4803

the grand jury, or has presented the case to the grand jury and

4804

the grand jury has not returned an indictment. If the court

4805

receives such a notice from the state attorney, or if the grand

4806

jury fails to act within the 21-day period, the court may

4807

proceed as otherwise authorized under this part.

4808

(3) If the child is found to have committed the offense

4809

punishable by death or by life imprisonment, the child shall be

4810

sentenced as an adult. If the juvenile is not found to have

4811

committed the indictable offense but is found to have committed

4812

a lesser included offense or any other offense for which he or

4813

she was indicted as a part of the criminal episode, the court

4814

may sentence under ~~pursuant to~~ s. 985.565 ~~985.233~~.

4815

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

4816

section ~~subsection~~ and has been found to have committed any

4817

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

4818

criminal episode, the child shall be handled thereafter in every

4819

respect as if an adult for any subsequent violation of state

4820

law, unless the court imposes juvenile sanctions under s.

4821

985.565 ~~985.233~~.

4822

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

4823

section ~~subsection~~ the court shall immediately transfer and

4824

certify to the adult circuit court all felony cases pertaining

4825

to the child, for prosecution of the child as an adult, which

4826

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

4827

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

4828

acquitted of all charged offenses or lesser included offenses

4829

contained in the indictment case, all felony cases that were

4830

transferred to adult court pursuant to this paragraph shall be

4831

subject to the same penalties such cases were subject to before

4832

being transferred to adult court.

4833

Section 72. Subsections (1) through (4) of section

4834

985.233, Florida Statutes, are renumbered, respectively, as

4835

subsections (1) through (3) and paragraphs (c) and (d) of

4836

subsection (4) of section 985.565, Florida Statutes, and

4837

paragraphs (a), (b), (c), (e), and (f) of subsection (4) of

4838

section 985.233, Florida Statutes, are amended and renumbered,

4839

respectively, as paragraphs (a), (b), and (e) of subsection (4)

4840

of section 985.565, Florida Statutes, to read:

4841

985.565 ~~985.233~~ Sentencing powers; procedures;

4842

alternatives for juveniles prosecuted as adults.--

4843

(4) SENTENCING ALTERNATIVES.--

4844

(a) ~~Sentencing to~~ Adult sanctions.--

4845

1. Cases prosecuted on indictment.--If the child is found

4846

to have committed the offense punishable by death or life

4847

imprisonment, the child shall be sentenced as an adult. If the

4848

juvenile is not found to have committed the indictable offense

4849

but is found to have committed a lesser included offense or any

4850

other offense for which he or she was indicted as a part of the

4851

criminal episode, the court may sentence as follows:

4852

a. As an adult;

4853

b. Under ~~Pursuant to~~ chapter 958; or

4854

c. As a juvenile under ~~pursuant to~~ this section.

4855

2. Other cases.--If a child who has been transferred for

4856

criminal prosecution pursuant to information or waiver of

4857

juvenile court jurisdiction is found to have committed a

4858

violation of state law or a lesser included offense for which he

4859

or she was charged as a part of the criminal episode, the court

4860

may sentence as follows:

4861

a. As an adult;

4862

b. Under ~~Pursuant to~~ chapter 958; or

4863

c. As a juvenile under ~~pursuant to~~ this section.

4864

3. Notwithstanding any other provision to the contrary, if

4865

the state attorney is required to file a motion to transfer and

4866

certify the juvenile for prosecution as an adult under ~~pursuant~~

4867

to s. 985.556(3) ~~985.226(2)(b)~~ and that motion is granted, or if

4868

the state attorney is required to file an information under

4869

~~pursuant to~~ s. 985.557 ~~985.227~~(2)(a) or (b), the court must

4870

impose adult sanctions.

4871

4. Any sentence imposing adult sanctions is presumed

4872

appropriate, and the court is not required to set forth specific

4873

findings or enumerate the criteria in this subsection as any

4874

basis for its decision to impose adult sanctions.

4875

5. When a child has been transferred for criminal

4876

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

4877

violation of state law, the disposition of the case may include

4878

the enforcement of any restitution ordered in any juvenile

4879

proceeding.

4880

(b) ~~Sentencing to~~ Juvenile sanctions.--For juveniles

4881

transferred to adult court but who do not qualify for such

4882

transfer under ~~pursuant to~~ s. 985.556(3) ~~985.226(2)(b)~~ or s.

4883

985.557 ~~985.227~~(2)(a) or (b), the court may impose juvenile

4884

sanctions under this paragraph. If juvenile sentences are

4885

imposed, the court shall, under ~~pursuant to~~ this paragraph,

4886

adjudge the child to have committed a delinquent act.

4887

Adjudication of delinquency shall not be deemed a conviction,

4888

nor shall it operate to impose any of the civil disabilities

4889

ordinarily resulting from a conviction. The court shall impose

4890

an adult sanction or a juvenile sanction and may not sentence

4891

the child to a combination of adult and juvenile punishments. An

4892

adult sanction or a juvenile sanction may include enforcement of

4893

an order of restitution or probation previously ordered in any

4894

juvenile proceeding. However, if the court imposes a juvenile

4895

sanction and the department determines that the sanction is

4896

unsuitable for the child, the department shall return custody of

4897

the child to the sentencing court for further proceedings,

4898

including the imposition of adult sanctions. Upon adjudicating a

4899

child delinquent under subsection (1), the court may:

4900

1. Place the child in a probation program under the

4901

supervision of the department for an indeterminate period of

4902

time until the child reaches the age of 19 years or sooner if

4903

discharged by order of the court.

4904

2. Commit the child to the department for treatment in an

4905

appropriate program for children for an indeterminate period of

4906

time until the child is 21 or sooner if discharged by the

4907

department. The department shall notify the court of its intent

4908

to discharge no later than 14 days prior to discharge. Failure

4909

of the court to timely respond to the department's notice shall

4910

be considered approval for discharge.

4911

3. Order disposition under ss. 985.435, 985.437, 985.439,

4912

985.441, 985.445, 985.45, and 985.455 ~~pursuant to s. 985.231~~ as

4913

an alternative to youthful offender or adult sentencing if the

4914

court determines not to impose youthful offender or adult

4915

sanctions.

4916

4917

sanctions.--If a child proves not to be suitable to a commitment

4918

program, in a juvenile probation program, or treatment program

4919

under ~~the provisions of~~ paragraph (b), the department shall

4920

provide the sentencing court with a written report outlining the

4921

basis for its objections to the juvenile sanction and shall

4922

simultaneously provide a copy of the report to the state

4923

attorney and the defense counsel. The department shall schedule

4924

a hearing within 30 days. Upon hearing, the court may revoke the

4925

previous adjudication, impose an adjudication of guilt, and

4926

impose any sentence which it may lawfully impose, giving credit

4927

for all time spent by the child in the department. The court may

4928

also classify the child as a youthful offender under ~~pursuant to~~

4929

s. 958.04, if appropriate. For purposes of this paragraph, a

4930

child may be found not suitable to a commitment program,

4931

community control program, or treatment program under ~~the~~

4932

~~provisions of~~ paragraph (b) if the child commits a new violation

4933

of law while under juvenile sanctions, if the child commits any

4934

other violation of the conditions of juvenile sanctions, or if

4935

the child's actions are otherwise determined by the court to

4936

demonstrate a failure of juvenile sanctions.

4937

(d)~~(e)~~ Further proceedings heard in adult court.--When a

4938

child is sentenced to juvenile sanctions, further proceedings

4939

involving those sanctions shall continue to be heard in the

4940

adult court.

4941

(e)~~(f)~~ School attendance.--If the child is attending or is

4942

eligible to attend public school and the court finds that the

4943

victim or a sibling of the victim in the case is attending or

4944

may attend the same school as the child, the court placement

4945

order shall include a finding pursuant to the proceeding

4946

described in s. 985.455(2), regardless of whether adjudication

4947

is withheld ~~985.23(1)(d)~~.

4948

4949

It is the intent of the Legislature that the criteria and

4950

guidelines in this subsection are mandatory and that a

4951

determination of disposition under this subsection is subject to

4952

the right of the child to appellate review under s. 985.534

4953

~~985.234~~.

4954

Section 73. Section 985.417, Florida Statutes, is

4955

renumbered as section 985.57, Florida Statutes.

4956

Section 74. Subsections (1) through (3) and (6) through

4957

(12) of section 985.404, Florida Statutes, are renumbered as

4958

subsections (1) through (3) and (5) through (11) of section

4959

985.601, Florida Statutes, and subsections (4), (5), and (9) of

4960

said section are amended to read:

4961

985.601 ~~985.404~~ Administering the juvenile justice

4962

continuum.--

4963

~~(4) The department may transfer a child, when necessary to~~

4964

~~appropriately administer the child's commitment, from one~~

4965

~~facility or program to another facility or program operated,~~

4966

~~contracted, subcontracted, or designated by the department,~~

4967

~~including a postcommitment nonresidential conditional release~~

4968

~~program. The department shall notify the court that committed~~

4969

~~the child to the department and any attorney of record, in~~

4970

~~writing, of its intent to transfer the child from a commitment~~

4971

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

4972

~~or lower restrictiveness level. The court that committed the~~

4973

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

4974

~~the transfer. If the court does not respond within 10 days after~~

4975

~~receipt of the notice, the transfer of the child shall be deemed~~

4976

~~granted.~~

4977

(4)~~(5)~~ The department shall maintain continuing

4978

cooperation with the Department of Education, the Department of

4979

Children and Family Services, the Agency for Workforce

4980

Innovation ~~Department of Labor and Employment Security~~, and the

4981

Department of Corrections for the purpose of participating in

4982

agreements with respect to dropout prevention and the reduction

4983

of suspensions, expulsions, and truancy; increased access to and

4984

participation in GED, vocational, and alternative education

4985

programs; and employment training and placement assistance. The

4986

cooperative agreements between the departments shall include an

4987

interdepartmental plan to cooperate in accomplishing the

4988

reduction of inappropriate transfers of children into the adult

4989

criminal justice and correctional systems.

4990

(8)~~(9)~~ The department shall ensure that personnel

4991

responsible for the care, supervision, and individualized

4992

treatment of children are appropriately apprised of the

4993

requirements of this chapter ~~part~~ and trained in the specialized

4994

areas required to comply with standards established by rule.

4995

Section 75. Section 985.3045, Florida Statutes, is

4996

renumbered as section 985.605, Florida Statutes.

4997

Section 76. Section 985.3046, Florida Statutes, is

4998

renumbered as section 985.606, Florida Statutes, and amended to

4999

read:

5000

985.606 ~~985.3046~~ ~~Agencies and entities providing~~

5001

Prevention services providers; ~~collection of~~ performance data

5002

collection; reporting ~~requirements~~.--Each state agency or entity

5003

that receives or uses state appropriations to fund programs,

5004

grants, appropriations, or activities that are designed to

5005

prevent juvenile crime, delinquency, gang membership, status

5006

offense, or that are designed to prevent a child from becoming a

5007

"child in need of services," as defined in chapter 984, shall

5008

collect data relative to the performance of such activities and

5009

shall provide said data to the Governor, the President of the

5010

Senate, and the Speaker of the House no later than January 31st

5011

of each year for the preceding fiscal year~~, beginning in 2002~~.

5012

Further, each state agency or entity that receives or uses state

5013

appropriations to fund programs, grants, appropriations, or

5014

activities that are designed to prevent juvenile crime,

5015

delinquency, gang membership, status offense, or that are

5016

designed to prevent a child from becoming a "child in need of

5017

services," as defined in chapter 984, shall cooperate with the

5018

department ~~of Juvenile Justice~~ with regard to the report

5019

described in s. 985.605(2) ~~985.3045(2)~~.

5020

Section 77. Sections 985.305 and 985.2066, Florida

5021

Statutes, are renumbered, respectively, as sections 985.61 and

5022

985.614, Florida Statutes.

5023

Section 78. Section 985.315, Florida Statutes, is

5024

renumbered as section 985.618, Florida Statutes, and paragraph

5025

(b) of subsection (4) of said section is amended to read:

5026

985.618 ~~985.315~~ Educational and career-related programs.--

5027

(4)

5028

(b) Evaluations of juvenile educational and career-related

5029

programs shall be conducted according to the following

5030

guidelines:

5031

1. Systematic evaluations and quality assurance monitoring

5032

shall be implemented, in accordance with s. 985.632 ~~985.412~~(1),

5033

(2), and (5), to determine whether the programs are related to

5034

successful postrelease adjustments.

5035

2. Operations and policies of the programs shall be

5036

reevaluated to determine if they are consistent with their

5037

primary objectives.

5038

Section 79. Section 985.3155, Florida Statutes, is

5039

renumbered as section 985.622, Florida Statutes.

5040

Section 80. Section 985.317, Florida Statutes, is

5041

renumbered as section 985.625, Florida Statutes, and subsection

5042

(3) of said section is amended to read:

5043

985.625 ~~985.317~~ Literacy programs for juvenile

5044

offenders.--

5045

(3) INITIAL ASSESSMENT.--When an offender is admitted to a

5046

residential commitment facility, the department or a provider

5047

under contract with the department shall immediately assess

5048

whether the offender has achieved a sixth-grade or higher

5049

reading and writing level. An assessment may be conducted at a

5050

juvenile assessment center as provided in s. 985.135 ~~985.209~~ as

5051

a part of the intake process. If the department or a provider

5052

determines that an offender has not achieved a sixth-grade or

5053

higher reading and writing level, the offender shall participate

5054

in a program if the offender meets the criteria for

5055

participation.

5056

Section 81. Section 985.419, Florida Statutes, is

5057

renumbered as section 985.629, Florida Statutes.

5058

Section 82. Section 985.412, Florida Statutes, is

5059

renumbered as section 985.632, Florida Statutes.

5060

Section 83. Sections 985.42 and 985.405, Florida Statutes,

5061

are renumbered, respectively, as sections 985.636 and 985.64,

5062

Florida Statutes.

5063

Section 84. Subsection (2) of section 985.01, Florida

5064

Statutes, is renumbered as subsection (1) of section 985.644,

5065

Florida Statues, and subsections (1) through (5) of section

5066

985.407, Florida Statutes, are renumbered as subsections (2)

5067

through (6) of section 985.644, Florida Statutes.

5068

Section 85. Section 985.408, Florida Statutes, is

5069

renumbered as section 985.648, Florida Statutes, and amended to

5070

read:

5071

985.648 ~~985.408~~ Consultants.--The department may hire

5072

consultants to advise and confer with the judges of the circuit

5073

courts upon request of any such court and for the purpose of

5074

advising the department on programs, facilities, institutions,

5075

care, supervision, and all other services and treatment for

5076

children committed to the department's care under ~~pursuant to~~

5077

this chapter ~~part~~.

5078

Section 86. Section 985.409, Florida Statutes, is

5079

renumbered as section 985.652, Florida Statutes.

5080

Section 87. Section 985.406, Florida Statutes, is

5081

renumbered as section 985.66, Florida Statutes, and paragraph

5082

(a) of subsection (3) of said section is amended to read:

5083

985.66 ~~985.406~~ Juvenile justice training academies

5084

~~established~~; Juvenile Justice Standards and Training Commission

5085

~~created~~; Juvenile Justice Training Trust Fund ~~created~~.--

5086

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

5087

shall establish a certifiable program for juvenile justice

5088

training pursuant to this section, and all department of

5089

~~Juvenile Justice~~ program staff and providers who deliver direct

5090

care services pursuant to contract with the department shall be

5091

required to participate in and successfully complete the

5092

commission-approved program of training pertinent to their areas

5093

of responsibility. Judges, state attorneys, and public

5094

defenders, law enforcement officers, and school district

5095

personnel may participate in such training program. For the

5096

juvenile justice program staff, the commission shall, based on a

5097

job-task analysis:

5098

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

5099

basic training program, including a competency-based

5100

examination, for the purpose of providing minimum employment

5101

training qualifications for all juvenile justice personnel. All

5102

program staff of the department ~~of Juvenile Justice~~ and

5103

providers who deliver direct-care services who are hired after

5104

October 1, 1999, must meet the following minimum requirements:

5105

1. Be at least 19 years of age.

5106

2. Be a high school graduate or its equivalent as

5107

determined by the commission.

5108

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

5109

involving perjury or a false statement, or have received a

5110

dishonorable discharge from any of the Armed Forces of the

5111

United States. Any person who, after September 30, 1999, pleads

5112

guilty or nolo contendere to or is found guilty of any felony or

5113

a misdemeanor involving perjury or false statement is not

5114

eligible for employment, notwithstanding suspension of sentence

5115

or withholding of adjudication. Notwithstanding this

5116

subparagraph, any person who pleads nolo contendere to a

5117

misdemeanor involving a false statement before October 1, 1999,

5118

and who has had such record of that plea sealed or expunged is

5119

not ineligible for employment for that reason.

5120

4. Abide by all the provisions of s. 985.644(1) ~~985.01(2)~~

5121

regarding fingerprinting and background investigations and other

5122

screening requirements for personnel.

5123

5. Execute and submit to the department an affidavit-of-

5124

application form, adopted by the department, attesting to his or

5125

her compliance with subparagraphs 1.-4. The affidavit must be

5126

executed under oath and constitutes an official statement under

5127

s. 837.06. The affidavit must include conspicuous language that

5128

the intentional false execution of the affidavit constitutes a

5129

misdemeanor of the second degree. The employing agency shall

5130

retain the affidavit.

5131

Section 88. Section 985.4135, Florida Statutes, is

5132

renumbered as section 985.664, Florida Statutes, and subsection

5133

(5) of said section is amended to read:

5134

985.664 ~~985.4135~~ Juvenile justice circuit boards and

5135

juvenile justice county councils.--

5136

(5) Juvenile justice circuit boards and county councils

5137

shall advise and assist the department in the evaluation and

5138

award of prevention and early intervention grant programs,

5139

including the Community Juvenile Justice Partnership Grant

5140

program established in s. 985.676 ~~985.415~~ and proceeds from the

5141

Invest in Children license plate annual use fees.

5142

Section 89. Sections 985.416 and 985.4145, Florida

5143

Statutes, are renumbered, respectively, as sections 985.668 and

5144

985.672, Florida Statutes.

5145

Section 90. Section 985.415, Florida Statutes, is

5146

renumbered as section 985.676, Florida Statutes, and paragraph

5147

(a) of subsection (1) and paragraphs (a) and (e) of subsection

5148

(2) of said section are amended to read:

5149

985.676 ~~985.415~~ Community juvenile justice partnership

5150

grants.--

5151

(1) GRANTS; CRITERIA.--

5152

(a) In order to encourage the development of county and

5153

circuit juvenile justice plans and the development and

5154

implementation of county and circuit interagency agreements

5155

under ~~pursuant to~~ s. 985.664 ~~985.4135~~, the community juvenile

5156

justice partnership grant program is established, and shall be

5157

administered by the department ~~of Juvenile Justice~~.

5158

(2) GRANT APPLICATION PROCEDURES.--

5159

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

5160

juvenile justice partnership grant, which may be renewed for a

5161

maximum of 2 additional years for the same provision of

5162

services, shall submit a grant proposal for funding or continued

5163

funding to the department. The department shall establish the

5164

grant application procedures. In order to be considered for

5165

funding, the grant proposal shall include the following

5166

assurances and information:

5167

1. A letter from the chair of the juvenile justice circuit

5168

board confirming that the grant application has been reviewed

5169

and found to support one or more purposes or goals of the

5170

juvenile justice plan as developed by the board.

5171

2. A rationale and description of the program and the

5172

services to be provided, including goals and objectives.

5173

3. A method for identification of the juveniles most

5174

likely to be involved in the juvenile justice system who will be

5175

the focus of the program.

5176

4. Provisions for the participation of parents and

5177

guardians in the program.

5178

5. Coordination with other community-based and social

5179

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

5180

and alcohol abuse prevention and dropout prevention programs,

5181

that serve the target population or neighborhood.

5182

6. An evaluation component to measure the effectiveness of

5183

the program in accordance with ~~the provisions of~~ s. 985.632

5184

~~985.412~~.

5185

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

5186

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

5187

proposal must establish to the satisfaction of the department

5188

that the entity will make a cash or in-kind contribution to the

5189

program of a value that is at least equal to 20 percent of the

5190

amount of the grant.

5191

8. The necessary program staff.

5192

(e) Each entity that is awarded a grant as provided for in

5193

this section shall submit an annual evaluation report to the

5194

department, the circuit juvenile justice manager, the juvenile

5195

justice circuit board, and the juvenile justice county council,

5196

by a date subsequent to the end of the contract period

5197

established by the department, documenting the extent to which

5198

the program objectives have been met, the effect of the program

5199

on the juvenile arrest rate, and any other information required

5200

by the department. The department shall coordinate and

5201

incorporate all such annual evaluation reports with ~~the~~

5202

~~provisions of~~ s. 985.632 ~~985.412~~. Each entity is also subject to

5203

a financial audit and a performance audit.

5204

Section 91. Section 985.403, Florida Statutes, is

5205

renumbered as section 985.68, Florida Statutes.

5206

Section 92. Section 985.41, Florida Statutes, is

5207

renumbered as section 985.682, Florida Statutes, and subsection

5208

(1) of said section is amended to read:

5209

985.682 ~~985.41~~ Siting of facilities; study; criteria

5210

(1) The department is directed to conduct or contract for

5211

a statewide comprehensive study to determine current and future

5212

needs for all types of facilities for children committed to the

5213

custody, care, or supervision of the department under ~~pursuant~~

5214

to this chapter ~~part~~.

5215

Section 93. Section 985.2155, Florida Statutes, as amended

5216

by chapter 2004-473, Laws of Florida, is renumbered as section

5217

985.686, Florida Statutes.

5218

Section 94. Section 985.411, Florida Statutes, is

5219

renumbered as section 985.688, Florida Statutes, and paragraph

5220

(b) of subsection (10) of said section is amended to read:

5221

985.688 ~~985.411~~ Administering county and municipal

5222

delinquency programs and facilities.--

5223

(10)

5224

(b) The department may institute proceedings against a

5225

county or municipality to terminate the operation of a facility

5226

when any of the following conditions exist:

5227

1. The facility fails to take preventive or corrective

5228

measures in accordance with any order of the department.

5229

2. The facility fails to abide by any final order of the

5230

department once it has become effective and binding.

5231

3. The facility commits any violation of this section

5232

constituting an emergency requiring immediate action as provided

5233

in this chapter.

5234

4. The facility has willfully and knowingly refused to

5235

comply with the screening requirement for personnel under

5236

~~pursuant to~~ s. 985.644(1) ~~985.01~~ or has refused to dismiss

5237

personnel found to be in noncompliance with the requirements for

5238

good moral character.

5239

Section 95. Sections 985.4075, 985.4041, and 985.4042,

5240

Florida Statutes, are renumbered, respectively, as sections

5241

985.69, 985.692, and 985.694, Florida Statutes.

5242

Section 96. Sections 985.4045 and 985.4046, Florida

5243

Statutes, are renumbered, respectively, as sections 985.701 and

5244

985.711, Florida Statutes.

5245

Section 97. Section 985.3141, Florida Statutes, is

5246

renumbered as section 985.721, Florida Statutes, and subsection

5247

(2) of said section is amended to read:

5248

985.721 ~~985.3141~~ Escapes from secure detention or

5249

residential commitment facility.--An escape from:

5250

(2) Any residential commitment facility described in s.

5251

985.03(43)~~(45)~~, maintained for the custody, treatment,

5252

punishment, or rehabilitation of children found to have

5253

committed delinquent acts or violations of law; or constitutes

5254

escape within the intent and meaning of s. 944.40 and is a

5255

felony of the third degree, punishable as provided in s.

5256

775.082, s. 775.083, or s. 775.084.

5257

Section 98. Sections 985.2065, 985.501, 985.502, 985.503,

5258

985.504, 985.505, 985.506, and 985.507, Florida Statutes, are

5259

renumbered, respectively, as sections 985.731, 985.801, 985.802,

5260

985.803, 985.804, 985.805, 985.806, and 985.807, Florida

5261

Statutes.

5262

Section 99. Subsection (6) of section 985.215, Florida

5263

Statutes, paragraphs (b), (c), (f), and (i) of subsection (1)

5264

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

5265

paragraph (d) of subsection (4) of section 985.233, Florida

5266

Statutes, are repealed.

5267

Section 100. Subsection (11) of section 29.004, Florida

5268

Statutes, is amended to read:

5269

29.004 State courts system.--For purposes of implementing

5270

s. 14, Art. V of the State Constitution, the elements of the

5271

state courts system to be provided from state revenues

5272

appropriated by general law are as follows:

5273

(11) Mediation and arbitration, limited to trial court

5274

referral of a pending judicial case to a mediator or a court-

5275

related mediation program, or to an arbitrator or a court-

5276

related arbitration program, for the limited purpose of

5277

encouraging and assisting the litigants in partially or

5278

completely settling the case prior to adjudication on the merits

5279

by the court. This does not include citizen dispute settlement

5280

centers under s. 44.201 and community arbitration programs under

5281

s. 985.16 ~~985.304~~.

5282

Section 101. Paragraph (b) of subsection (3) of section

5283

29.008, Florida Statutes, is amended to read:

5284

29.008 County funding of court-related functions.--

5285

(3) The following shall be considered a local requirement

5286

pursuant to subparagraph (2)(a)1.:

5287

(b) Alternative sanctions coordinators pursuant to ss.

5288

984.09 and 985.037 ~~985.216~~.

5289

Section 102. Subsection (17) of section 253.025, Florida

5290

Statutes, is amended to read:

5291

253.025 Acquisition of state lands for purposes other than

5292

preservation, conservation, and recreation.--

5293

(17) Pursuant to s. 985.682 ~~985.41~~, the Department of

5294

Juvenile Justice is responsible for obtaining appraisals and

5295

entering into option agreements and agreements for the purchase

5296

of state juvenile justice facility sites. An option agreement or

5297

agreement for purchase is not binding upon the state until it is

5298

approved by the Board of Trustees of the Internal Improvement

5299

Trust Fund. The provisions of paragraphs (6)(b), (c), and (d)

5300

and (7)(b), (c), and (d) apply to all appraisals, offers, and

5301

counteroffers of the Department of Juvenile Justice for state

5302

juvenile justice facility sites.

5303

Section 103. Subsection (1) of section 318.21, Florida

5304

Statutes, is amended to read:

5305

318.21 Disposition of civil penalties by county

5306

courts.--All civil penalties received by a county court pursuant

5307

to the provisions of this chapter shall be distributed and paid

5308

monthly as follows:

5309

(1) One dollar from every civil penalty shall be remitted

5310

to the Department of Revenue for deposit into the Child Welfare

5311

Training Trust Fund for child welfare training purposes pursuant

5312

to s. 402.40. One dollar from every civil penalty shall be

5313

remitted to the Department of Revenue for deposit into the

5314

Juvenile Justice Training Trust Fund for juvenile justice

5315

purposes pursuant to s. 985.66 ~~985.406~~.

5316

Section 104. Subsection (3) of section 397.334, Florida

5317

Statutes, is amended to read:

5318

397.334 Treatment-based drug court programs.--

5319

(3) Treatment-based drug court programs may include

5320

pretrial intervention programs as provided in ss. 948.08,

5321

948.16, and 985.345 ~~985.306~~.

5322

Section 105. Subsection (3) of section 400.953, Florida

5323

Statutes, is amended to read:

5324

400.953 Background screening of home medical equipment

5325

provider personnel.--The agency shall require employment

5326

screening as provided in chapter 435, using the level 1

5327

standards for screening set forth in that chapter, for home

5328

medical equipment provider personnel.

5329

(3) Proof of compliance with the screening requirements of

5330

s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,

5331

s. 402.313, s. 409.175, s. 464.008, or s. 985.644 ~~985.407~~ or

5332

this part must be accepted in lieu of the requirements of this

5333

section if the person has been continuously employed in the same

5334

type of occupation for which he or she is seeking employment

5335

without a breach in service that exceeds 180 days, the proof of

5336

compliance is not more than 2 years old, and the person has been

5337

screened by the Department of Law Enforcement. An employer or

5338

contractor shall directly provide proof of compliance to another

5339

employer or contractor, and a potential employer or contractor

5340

may not accept any proof of compliance directly from the person

5341

requiring screening. Proof of compliance with the screening

5342

requirements of this section shall be provided, upon request, to

5343

the person screened by the home medical equipment provider.

5344

Section 106. Paragraph (d) of subsection (1) of section

5345

419.001, Florida Statutes, is amended to read:

5346

419.001 Site selection of community residential homes.--

5347

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

5348

definitions shall apply:

5349

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

5350

as defined in s. 400.618; a physically disabled or handicapped

5351

person as defined in s. 760.22(7)(a); a developmentally disabled

5352

person as defined in s. 393.063; a nondangerous mentally ill

5353

person as defined in s. 394.455(18); or a child as defined in s.

5354

39.01(14), s. 984.03(9) or (12), or s. 985.03~~(8)~~.

5355

Section 107. Paragraphs (tt) and (uu) of subsection (2) of

5356

section 435.04, Florida Statutes, are amended to read:

5357

435.04 Level 2 screening standards.--

5358

(2) The security background investigations under this

5359

section must ensure that no persons subject to the provisions of

5360

this section have been found guilty of, regardless of

5361

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

5362

any offense prohibited under any of the following provisions of

5363

the Florida Statutes or under any similar statute of another

5364

jurisdiction:

5365

(tt) Section 985.701 ~~985.4045~~, relating to sexual

5366

misconduct in juvenile justice programs.

5367

(uu) Section 985.711 ~~985.4046~~, relating to contraband

5368

introduced into detention facilities.

5369

Section 108. Section 784.075, Florida Statutes, is amended

5370

to read:

5371

784.075 Battery on detention or commitment facility staff

5372

or a juvenile probation officer.--A person who commits a battery

5373

on a juvenile probation officer, as defined in s. 984.03 or s.

5374

985.03, on other staff of a detention center or facility as

5375

defined in s. 984.03(19) or s. 985.03~~(19)~~, or on a staff member

5376

of a commitment facility as defined in s. 985.03~~(45)~~, commits a

5377

felony of the third degree, punishable as provided in s.

5378

775.082, s. 775.083, or s. 775.084. For purposes of this

5379

section, a staff member of the facilities listed includes

5380

persons employed by the Department of Juvenile Justice, persons

5381

employed at facilities licensed by the Department of Juvenile

5382

Justice, and persons employed at facilities operated under a

5383

contract with the Department of Juvenile Justice.

5384

Section 109. Subsection (4) of section 790.115, Florida

5385

Statutes, is amended to read:

5386

790.115 Possessing or discharging weapons or firearms at a

5387

school-sponsored event or on school property prohibited;

5388

penalties; exceptions.--

5389

(4) Notwithstanding s. 985.24 ~~985.213~~, s. 985.245 ~~985.214~~,

5390

or s. 985.25(1) ~~985.215(1)~~, any minor under 18 years of age who

5391

is charged under this section with possessing or discharging a

5392

firearm on school property shall be detained in secure

5393

detention, unless the state attorney authorizes the release of

5394

the minor, and shall be given a probable cause hearing within 24

5395

hours after being taken into custody. At the hearing, the court

5396

may order that the minor continue to be held in secure detention

5397

for a period of 21 days, during which time the minor shall

5398

receive medical, psychiatric, psychological, or substance abuse

5399

examinations pursuant to s. 985.18 ~~985.224~~, and a written report

5400

shall be completed.

5401

Section 110. Subsections (8) and (9) of section 790.22,

5402

Florida Statutes, are amended to read:

5403

790.22 Use of BB guns, air or gas-operated guns, or

5404

electric weapons or devices by minor under 16; limitation;

5405

possession of firearms by minor under 18 prohibited;

5406

penalties.--

5407

(8) Notwithstanding s. 985.24 ~~985.213~~ or s. 985.25(1)

5408

~~985.215(1)~~, if a minor under 18 years of age is charged with an

5409

offense that involves the use or possession of a firearm, as

5410

defined in s. 790.001, including a violation of subsection (3),

5411

or is charged for any offense during the commission of which the

5412

minor possessed a firearm, the minor shall be detained in secure

5413

detention, unless the state attorney authorizes the release of

5414

the minor, and shall be given a hearing within 24 hours after

5415

being taken into custody. At the hearing, the court may order

5416

that the minor continue to be held in secure detention in

5417

accordance with the applicable time periods specified in s.

5418

985.26(1)-(5) ~~985.215(5)~~, if the court finds that the minor

5419

meets the criteria specified in s. 985.255 ~~985.215(2)~~, or if the

5420

court finds by clear and convincing evidence that the minor is a

5421

clear and present danger to himself or herself or the community.

5422

The Department of Juvenile Justice shall prepare a form for all

5423

minors charged under this subsection that states the period of

5424

detention and the relevant demographic information, including,

5425

but not limited to, the sex, age, and race of the minor; whether

5426

or not the minor was represented by private counsel or a public

5427

defender; the current offense; and the minor's complete prior

5428

record, including any pending cases. The form shall be provided

5429

to the judge to be considered when determining whether the minor

5430

should be continued in secure detention under this subsection.

5431

An order placing a minor in secure detention because the minor

5432

is a clear and present danger to himself or herself or the

5433

community must be in writing, must specify the need for

5434

detention and the benefits derived by the minor or the community

5435

by placing the minor in secure detention, and must include a

5436

copy of the form provided by the department. The Department of

5437

Juvenile Justice must send the form, including a copy of any

5438

order, without client-identifying information, to the Office of

5439

Economic and Demographic Research.

5440

(9) Notwithstanding s. 985.245 ~~985.214~~, if the minor is

5441

found to have committed an offense that involves the use or

5442

possession of a firearm, as defined in s. 790.001, other than a

5443

violation of subsection (3), or an offense during the commission

5444

of which the minor possessed a firearm, and the minor is not

5445

committed to a residential commitment program of the Department

5446

of Juvenile Justice, in addition to any other punishment

5447

provided by law, the court shall order:

5448

(a) For a first offense, that the minor shall serve a

5449

minimum period of detention of 15 days in a secure detention

5450

facility; and

5451

1. Perform 100 hours of community service; and may

5452

2. Be placed on community control or in a nonresidential

5453

commitment program.

5454

(b) For a second or subsequent offense, that the minor

5455

shall serve a mandatory period of detention of at least 21 days

5456

in a secure detention facility; and

5457

1. Perform not less than 100 nor more than 250 hours of

5458

community service; and may

5459

2. Be placed on community control or in a nonresidential

5460

commitment program.

5461

5462

The minor shall not receive credit for time served before

5463

adjudication. For the purposes of this subsection, community

5464

service shall be performed, if possible, in a manner involving a

5465

hospital emergency room or other medical environment that deals

5466

on a regular basis with trauma patients and gunshot wounds.

5467

Section 111. Paragraph (c) of subsection (3) of section

5468

921.0022, Florida Statutes, is amended to read:

5469

921.0022 Criminal Punishment Code; offense severity

5470

ranking chart.--

5471

(3) OFFENSE SEVERITY RANKING CHART

5472

FloridaStatute

FelonyDegree

Description

5473

5474

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

5475

316.066(3)(d)-(f)

3rd

Unlawfully obtaining or using confidential crash reports.

5476

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

5477

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

5478

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

5479

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

5480

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

5481

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

5482

327.35(2)(b)

3rd

Felony BUI.

5483

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

5484

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

5485

370.12(1)(e)5.

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

5486

370.12(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

5487

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

5488

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

5489

440.105(3)(b)

3rd

Receipt of fee or consideration without approval by judge of compensation claims.

5490

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

5491

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

5492

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

5493

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

5494

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

5495

697.08

3rd

Equity skimming.

5496

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

5497

796.05(1)

3rd

Live on earnings of a prostitute.

5498

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

5499

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

5500

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

5501

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

5502

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

5503

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

5504

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

5505

817.233

3rd

Burning to defraud insurer.

5506

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

5507

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

5508

817.236

3rd

Filing a false motor vehicle insurance application.

5509

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

5510

817.413(2)

3rd

Sale of used goods as new.

5511

817.505(4)

3rd

Patient brokering.

5512

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

5513

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

5514

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

5515

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

5516

843.19

3rd

Injure, disable, or kill police dog or horse.

5517

860.15(3)

3rd

Overcharging for repairs and parts.

5518

870.01(2)

3rd

Riot; inciting or encouraging.

5519

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

5520

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

5521

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

5522

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

5523

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

5524

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

5525

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

5526

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

5527

893.13(8)(a)1.

3rd

Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

5528

893.13(8)(a)2.

3rd

Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

5529

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

5530

893.13(8)(a)4.

3rd

Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

5531

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

5532

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

5533

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

5534

985.721 ~~985.3141~~

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

5535

5536

Section 112. Subsection (1) of section 938.10, Florida

5537

Statutes, is amended to read:

5538

938.10 Additional court cost imposed in cases of certain

5539

crimes against minors.--

5540

(1) If a person pleads guilty or nolo contendere to, or is

5541

found guilty of, regardless of adjudication, any offense against

5542

a minor in violation of s. 784.085, chapter 787, chapter 794, s.

5543

796.03, s. 800.04, chapter 827, s. 847.0145, or s. 985.701

5544

~~985.4045~~, the court shall impose a court cost of $101 against

5545

the offender in addition to any other cost or penalty required

5546

by law.

5547

Section 113. Subsection (9) of section 943.053, Florida

5548

Statutes, is amended to read:

5549

943.053 Dissemination of criminal justice information;

5550

fees.--

5551

(9) Notwithstanding the provisions of s. 943.0525 and any

5552

user agreements adopted pursuant thereto, and notwithstanding

5553

the confidentiality of sealed records as provided for in s.

5554

943.059, the Department of Juvenile Justice or any other state

5555

or local criminal justice agency may provide copies of the

5556

Florida criminal history records for juvenile offenders

5557

currently or formerly detained or housed in a contracted

5558

juvenile assessment center or detention facility or serviced in

5559

a contracted treatment program and for employees or other

5560

individuals who will have access to these facilities, only to

5561

the entity under direct contract with the Department of Juvenile

5562

Justice to operate these facilities or programs pursuant to the

5563

provisions of s. 985.688 ~~985.411~~. The criminal justice agency

5564

providing such data may assess a charge for the Florida criminal

5565

history records pursuant to the provisions of chapter 119.

5566

Sealed records received by the private entity under this section

5567

remain confidential and exempt from the provisions of s.

5568

119.07(1). Information provided under this section shall be used

5569

only for the criminal justice purpose for which it was requested

5570

and may not be further disseminated.

5571

Section 114. Subsection (1) of section 943.0582, Florida

5572

Statutes, is amended to read:

5573

943.0582 Prearrest, postarrest, or teen court diversion

5574

program expunction.--

5575

(1) Notwithstanding any law dealing generally with the

5576

preservation and destruction of public records, the department

5577

may provide, by rule adopted pursuant to chapter 120, for the

5578

expunction of any nonjudicial record of the arrest of a minor

5579

who has successfully completed a prearrest or postarrest

5580

diversion program for minors as authorized by s. 985.125

5581

~~985.3065~~.

5582

Section 115. Paragraph (a) of subsection (4) of section

5583

943.0585, Florida Statutes, is amended to read:

5584

943.0585 Court-ordered expunction of criminal history

5585

records.--The courts of this state have jurisdiction over their

5586

own procedures, including the maintenance, expunction, and

5587

correction of judicial records containing criminal history

5588

information to the extent such procedures are not inconsistent

5589

with the conditions, responsibilities, and duties established by

5590

this section. Any court of competent jurisdiction may order a

5591

criminal justice agency to expunge the criminal history record

5592

of a minor or an adult who complies with the requirements of

5593

this section. The court shall not order a criminal justice

5594

agency to expunge a criminal history record until the person

5595

seeking to expunge a criminal history record has applied for and

5596

received a certificate of eligibility for expunction pursuant to

5597

subsection (2). A criminal history record that relates to a

5598

violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,

5599

s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

5600

chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,

5601

s. 916.1075, or a violation enumerated in s. 907.041 may not be

5602

expunged, without regard to whether adjudication was withheld,

5603

if the defendant was found guilty of or pled guilty or nolo

5604

contendere to the offense, or if the defendant, as a minor, was

5605

found to have committed, or pled guilty or nolo contendere to

5606

committing, the offense as a delinquent act. The court may only

5607

order expunction of a criminal history record pertaining to one

5608

arrest or one incident of alleged criminal activity, except as

5609

provided in this section. The court may, at its sole discretion,

5610

order the expunction of a criminal history record pertaining to

5611

more than one arrest if the additional arrests directly relate

5612

to the original arrest. If the court intends to order the

5613

expunction of records pertaining to such additional arrests,

5614

such intent must be specified in the order. A criminal justice

5615

agency may not expunge any record pertaining to such additional

5616

arrests if the order to expunge does not articulate the

5617

intention of the court to expunge a record pertaining to more

5618

than one arrest. This section does not prevent the court from

5619

ordering the expunction of only a portion of a criminal history

5620

record pertaining to one arrest or one incident of alleged

5621

criminal activity. Notwithstanding any law to the contrary, a

5622

criminal justice agency may comply with laws, court orders, and

5623

official requests of other jurisdictions relating to expunction,

5624

correction, or confidential handling of criminal history records

5625

or information derived therefrom. This section does not confer

5626

any right to the expunction of any criminal history record, and

5627

any request for expunction of a criminal history record may be

5628

denied at the sole discretion of the court.

5629

(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

5630

criminal history record of a minor or an adult which is ordered

5631

expunged by a court of competent jurisdiction pursuant to this

5632

section must be physically destroyed or obliterated by any

5633

criminal justice agency having custody of such record; except

5634

that any criminal history record in the custody of the

5635

department must be retained in all cases. A criminal history

5636

record ordered expunged that is retained by the department is

5637

confidential and exempt from the provisions of s. 119.07(1) and

5638

s. 24(a), Art. I of the State Constitution and not available to

5639

any person or entity except upon order of a court of competent

5640

jurisdiction. A criminal justice agency may retain a notation

5641

indicating compliance with an order to expunge.

5642

(a) The person who is the subject of a criminal history

5643

record that is expunged under this section or under other

5644

provisions of law, including former s. 893.14, former s. 901.33,

5645

and former s. 943.058, may lawfully deny or fail to acknowledge

5646

the arrests covered by the expunged record, except when the

5647

subject of the record:

5648

1. Is a candidate for employment with a criminal justice

5649

agency;

5650

2. Is a defendant in a criminal prosecution;

5651

3. Concurrently or subsequently petitions for relief under

5652

this section or s. 943.059;

5653

4. Is a candidate for admission to The Florida Bar;

5654

5. Is seeking to be employed or licensed by or to contract

5655

with the Department of Children and Family Services or the

5656

Department of Juvenile Justice or to be employed or used by such

5657

contractor or licensee in a sensitive position having direct

5658

contact with children, the developmentally disabled, the aged,

5659

or the elderly as provided in s. 110.1127(3), s. 393.063, s.

5660

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

5661

409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.

5662

985.644 ~~985.407~~, or chapter 400; or

5663

6. Is seeking to be employed or licensed by the Department

5664

of Education, any district school board, any university

5665

laboratory school, any charter school, any private or parochial

5666

school, or any local governmental entity that licenses child

5667

care facilities.

5668

Section 116. Paragraph (a) of subsection (4) of section

5669

943.059, Florida Statutes, is amended to read:

5670

943.059 Court-ordered sealing of criminal history

5671

records.--The courts of this state shall continue to have

5672

jurisdiction over their own procedures, including the

5673

maintenance, sealing, and correction of judicial records

5674

containing criminal history information to the extent such

5675

procedures are not inconsistent with the conditions,

5676

responsibilities, and duties established by this section. Any

5677

court of competent jurisdiction may order a criminal justice

5678

agency to seal the criminal history record of a minor or an

5679

adult who complies with the requirements of this section. The

5680

court shall not order a criminal justice agency to seal a

5681

criminal history record until the person seeking to seal a

5682

criminal history record has applied for and received a

5683

certificate of eligibility for sealing pursuant to subsection

5684

(2). A criminal history record that relates to a violation of s.

5685

393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.

5686

800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.

5687

847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or

5688

a violation enumerated in s. 907.041 may not be sealed, without

5689

regard to whether adjudication was withheld, if the defendant

5690

was found guilty of or pled guilty or nolo contendere to the

5691

offense, or if the defendant, as a minor, was found to have

5692

committed or pled guilty or nolo contendere to committing the

5693

offense as a delinquent act. The court may only order sealing of

5694

a criminal history record pertaining to one arrest or one

5695

incident of alleged criminal activity, except as provided in

5696

this section. The court may, at its sole discretion, order the

5697

sealing of a criminal history record pertaining to more than one

5698

arrest if the additional arrests directly relate to the original

5699

arrest. If the court intends to order the sealing of records

5700

pertaining to such additional arrests, such intent must be

5701

specified in the order. A criminal justice agency may not seal

5702

any record pertaining to such additional arrests if the order to

5703

seal does not articulate the intention of the court to seal

5704

records pertaining to more than one arrest. This section does

5705

not prevent the court from ordering the sealing of only a

5706

portion of a criminal history record pertaining to one arrest or

5707

one incident of alleged criminal activity. Notwithstanding any

5708

law to the contrary, a criminal justice agency may comply with

5709

laws, court orders, and official requests of other jurisdictions

5710

relating to sealing, correction, or confidential handling of

5711

criminal history records or information derived therefrom. This

5712

section does not confer any right to the sealing of any criminal

5713

history record, and any request for sealing a criminal history

5714

record may be denied at the sole discretion of the court.

5715

(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal

5716

history record of a minor or an adult which is ordered sealed by

5717

a court of competent jurisdiction pursuant to this section is

5718

confidential and exempt from the provisions of s. 119.07(1) and

5719

s. 24(a), Art. I of the State Constitution and is available only

5720

to the person who is the subject of the record, to the subject's

5721

attorney, to criminal justice agencies for their respective

5722

criminal justice purposes, or to those entities set forth in

5723

subparagraphs (a)1., 4., 5., and 6. for their respective

5724

licensing and employment purposes.

5725

(a) The subject of a criminal history record sealed under

5726

this section or under other provisions of law, including former

5727

s. 893.14, former s. 901.33, and former s. 943.058, may lawfully

5728

deny or fail to acknowledge the arrests covered by the sealed

5729

record, except when the subject of the record:

5730

1. Is a candidate for employment with a criminal justice

5731

agency;

5732

2. Is a defendant in a criminal prosecution;

5733

3. Concurrently or subsequently petitions for relief under

5734

this section or s. 943.0585;

5735

4. Is a candidate for admission to The Florida Bar;

5736

5. Is seeking to be employed or licensed by or to contract

5737

with the Department of Children and Family Services or the

5738

Department of Juvenile Justice or to be employed or used by such

5739

contractor or licensee in a sensitive position having direct

5740

contact with children, the developmentally disabled, the aged,

5741

or the elderly as provided in s. 110.1127(3), s. 393.063, s.

5742

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

5743

409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and

5744

(13), s. 985.644 ~~985.407~~, or chapter 400; or

5745

6. Is seeking to be employed or licensed by the Department

5746

of Education, any district school board, any university

5747

laboratory school, any charter school, any private or parochial

5748

school, or any local governmental entity that licenses child

5749

care facilities.

5750

Section 117. Subsection (2) of section 948.51, Florida

5751

Statutes, is amended to read:

5752

948.51 Community corrections assistance to counties or

5753

county consortiums.--

5754

(2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

5755

county, or a consortium of two or more counties, may contract

5756

with the Department of Corrections for community corrections

5757

funds as provided in this section. In order to enter into a

5758

community corrections partnership contract, a county or county

5759

consortium must have a public safety coordinating council

5760

established under s. 951.26 and must designate a county officer

5761

or agency to be responsible for administering community

5762

corrections funds received from the state. The public safety

5763

coordinating council shall prepare, develop, and implement a

5764

comprehensive public safety plan for the county, or the

5765

geographic area represented by the county consortium, and shall

5766

submit an annual report to the Department of Corrections

5767

concerning the status of the program. In preparing the

5768

comprehensive public safety plan, the public safety coordinating

5769

council shall cooperate with the juvenile justice circuit board

5770

and the juvenile justice county council, established under s.

5771

985.664 ~~985.4135~~, in order to include programs and services for

5772

juveniles in the plan. To be eligible for community corrections

5773

funds under the contract, the initial public safety plan must be

5774

approved by the governing board of the county, or the governing

5775

board of each county within the consortium, and the Secretary of

5776

Corrections based on the requirements of this section. If one or

5777

more other counties develop a unified public safety plan, the

5778

public safety coordinating council shall submit a single

5779

application to the department for funding. Continued contract

5780

funding shall be pursuant to subsection (5). The plan for a

5781

county or county consortium must cover at least a 5-year period

5782

and must include:

5783

(a) A description of programs offered for the job

5784

placement and treatment of offenders in the community.

5785

(b) A specification of community-based intermediate

5786

sentencing options to be offered and the types and number of

5787

offenders to be included in each program.

5788

5789

projected percentage of commitments to the state prison system

5790

of persons with low total sentencing scores pursuant to the

5791

Criminal Punishment Code.

5792

(d) Specific evidence of the population status of all

5793

programs which are part of the plan, which evidence establishes

5794

that such programs do not include offenders who otherwise would

5795

have been on a less intensive form of community supervision.

5796

(e) The assessment of population status by the public

5797

safety coordinating council of all correctional facilities owned

5798

or contracted for by the county or by each county within the

5799

consortium.

5800

(f) The assessment of bed space that is available for

5801

substance abuse intervention and treatment programs and the

5802

assessment of offenders in need of treatment who are committed

5803

to each correctional facility owned or contracted for by the

5804

county or by each county within the consortium.

5805

(g) A description of program costs and sources of funds

5806

for each community corrections program, including community

5807

corrections funds, loans, state assistance, and other financial

5808

assistance.

5809

Section 118. Section 958.046, Florida Statutes, is amended

5810

to read:

5811

958.046 Placement in county-operated boot camp programs

5812

for youthful offenders.--In counties where there are county-

5813

county-operated youthful offender boot camp programs, other than

5814

boot camps described in s. 958.04 or s. 985.489 ~~985.309~~, the

5815

court may sentence a youthful offender to such a boot camp. In

5816

county-operated youthful offender boot camp programs, juvenile

5817

offenders shall not be commingled with youthful offenders.

5818

Section 119. Paragraphs (b) and (j) of subsection (1) of

5819

section 960.001, Florida Statutes, are amended to read:

5820

960.001 Guidelines for fair treatment of victims and

5821

witnesses in the criminal justice and juvenile justice

5822

systems.--

5823

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

5824

the Department of Corrections, the Department of Juvenile

5825

Justice, the Parole Commission, the State Courts Administrator

5826

and circuit court administrators, the Department of Law

5827

Enforcement, and every sheriff's department, police department,

5828

or other law enforcement agency as defined in s. 943.10(4) shall

5829

develop and implement guidelines for the use of their respective

5830

agencies, which guidelines are consistent with the purposes of

5831

this act and s. 16(b), Art. I of the State Constitution and are

5832

designed to implement the provisions of s. 16(b), Art. I of the

5833

State Constitution and to achieve the following objectives:

5834

(b) Information for purposes of notifying victim or

5835

appropriate next of kin of victim or other designated contact of

5836

victim.--In the case of a homicide, pursuant to chapter 782; or

5837

a sexual offense, pursuant to chapter 794; or an attempted

5838

murder or sexual offense, pursuant to chapter 777; or stalking,

5839

pursuant to s. 784.048; or domestic violence, pursuant to s.

5840

25.385:

5841

1. The arresting law enforcement officer or personnel of

5842

an organization that provides assistance to a victim or to the

5843

appropriate next of kin of the victim or other designated

5844

contact must request that the victim or appropriate next of kin

5845

of the victim or other designated contact complete a victim

5846

notification card. However, the victim or appropriate next of

5847

kin of the victim or other designated contact may choose not to

5848

complete the victim notification card.

5849

2. Unless the victim or the appropriate next of kin of the

5850

victim or other designated contact waives the option to complete

5851

the victim notification card, a copy of the victim notification

5852

card must be filed with the incident report or warrant in the

5853

sheriff's office of the jurisdiction in which the incident

5854

report or warrant originated. The notification card shall, at a

5855

minimum, consist of:

5856

a. The name, address, and phone number of the victim; or

5857

b. The name, address, and phone number of the appropriate

5858

next of kin of the victim; or

5859

c. The name, address, and phone number of a designated

5860

contact other than the victim or appropriate next of kin of the

5861

victim; and

5862

d. Any relevant identification or case numbers assigned to

5863

the case.

5864

3. The chief administrator, or a person designated by the

5865

chief administrator, of a county jail, municipal jail, juvenile

5866

detention facility, or residential commitment facility shall

5867

make a reasonable attempt to notify the alleged victim or

5868

appropriate next of kin of the alleged victim or other

5869

designated contact within 4 hours following the release of the

5870

defendant on bail or, in the case of a juvenile offender, upon

5871

the release from residential detention or commitment. If the

5872

chief administrator, or designee, is unable to contact the

5873

alleged victim or appropriate next of kin of the alleged victim

5874

or other designated contact by telephone, the chief

5875

administrator, or designee, must send to the alleged victim or

5876

appropriate next of kin of the alleged victim or other

5877

designated contact a written notification of the defendant's

5878

release.

5879

4. Unless otherwise requested by the victim or the

5880

appropriate next of kin of the victim or other designated

5881

contact, the information contained on the victim notification

5882

card must be sent by the chief administrator, or designee, of

5883

the appropriate facility to the subsequent correctional or

5884

residential commitment facility following the sentencing and

5885

incarceration of the defendant, and unless otherwise requested

5886

by the victim or the appropriate next of kin of the victim or

5887

other designated contact, he or she must be notified of the

5888

release of the defendant from incarceration as provided by law.

5889

5. If the defendant was arrested pursuant to a warrant

5890

issued or taken into custody pursuant to s. 985.101 ~~985.207~~ in a

5891

jurisdiction other than the jurisdiction in which the defendant

5892

is being released, and the alleged victim or appropriate next of

5893

kin of the alleged victim or other designated contact does not

5894

waive the option for notification of release, the chief

5895

correctional officer or chief administrator of the facility

5896

releasing the defendant shall make a reasonable attempt to

5897

immediately notify the chief correctional officer of the

5898

jurisdiction in which the warrant was issued or the juvenile was

5899

taken into custody pursuant to s. 985.101 ~~985.207~~, and the chief

5900

correctional officer of that jurisdiction shall make a

5901

reasonable attempt to notify the alleged victim or appropriate

5902

next of kin of the alleged victim or other designated contact,

5903

as provided in this paragraph, that the defendant has been or

5904

will be released.

5905

(j) Notification of right to request restitution.--Law

5906

enforcement agencies and the state attorney shall inform the

5907

victim of the victim's right to request and receive restitution

5908

pursuant to s. 775.089 or s. 985.437 ~~985.231(1)(a)1.~~, and of the

5909

victim's rights of enforcement under ss. 775.089(6) and 985.0301

5910

~~985.201~~ in the event an offender does not comply with a

5911

restitution order. The state attorney shall seek the assistance

5912

of the victim in the documentation of the victim's losses for

5913

the purpose of requesting and receiving restitution. In

5914

addition, the state attorney shall inform the victim if and when

5915

restitution is ordered. If an order of restitution is converted

5916

to a civil lien or civil judgment against the defendant, the

5917

clerks shall make available at their office, as well as on their

5918

website, information provided by the Secretary of State, the

5919

court, or The Florida Bar on enforcing the civil lien or

5920

judgment.

5921

Section 120. Subsection (48) of section 984.03, Florida

5922

Statutes, is amended to read:

5923

984.03 Definitions.--When used in this chapter, the term:

5924

(48) "Serious or habitual juvenile offender program" means

5925

the program established in s. 985.47 ~~985.31~~.

5926

Section 121. Section 984.05, Florida Statutes, is amended

5927

to read:

5928

984.05 Rules relating to habitual truants; adoption by

5929

State Board of Education and Department of Juvenile

5930

Justice.--The Department of Juvenile Justice and the State Board

5931

of Education shall work together on the development of, and

5932

shall adopt, rules as necessary for the implementation of ss.

5933

984.03(27), 985.03(24)~~(25)~~, and 1003.27.

5934

Section 122. Paragraph (b) of subsection (4) of section

5935

984.09, Florida Statutes, is amended to read:

5936

984.09 Punishment for contempt of court; alternative

5937

sanctions.--

5938

(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

5939

PROCESS.--

5940

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

5941

the court must hold a hearing within 24 hours to determine

5942

whether the child committed indirect contempt of a valid court

5943

order. At the hearing, the following due process rights must be

5944

provided to the child:

5945

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

5946

facts supporting the contempt charge.

5947

2. Right to an explanation of the nature and the

5948

consequences of the proceedings.

5949

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

5950

counsel appointed by the court if the juvenile is indigent,

5951

pursuant to s. 985.033 ~~985.203~~.

5952

4. Right to confront witnesses.

5953

5. Right to present witnesses.

5954

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

5955

7. Right to appeal to an appropriate court.

5956

5957

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

5958

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

5959

placement of the child every 72 hours to determine whether it is

5960

appropriate for the child to remain in the facility.

5961

Section 123. Subsections (2) and (6) of section 984.226,

5962

Florida Statutes, are amended to read:

5963

984.226 Physically secure setting.--

5964

(2) When a petition is filed alleging that a child is a

5965

child in need of services, the child must be represented by

5966

counsel at each court appearance unless the record in that

5967

proceeding affirmatively demonstrates by clear and convincing

5968

evidence that the child knowingly and intelligently waived the

5969

right to counsel after being fully advised by the court of the

5970

nature of the proceedings and the dispositional alternatives

5971

available to the court under this section. If the court decides

5972

to appoint counsel for the child and if the child is indigent,

5973

the court shall appoint an attorney to represent the child as

5974

provided under s. 985.033 ~~985.203~~. Nothing precludes the court

5975

from requesting reimbursement of attorney's fees and costs from

5976

the nonindigent parent or legal guardian.

5977

(6) Prior to being ordered to a physically secure setting,

5978

the child must be afforded all rights of due process required

5979

under s. 985.037 ~~985.216~~. While in the physically secure

5980

setting, the child shall receive appropriate assessment,

5981

treatment, and educational services that are designed to

5982

eliminate or reduce the child's truant, ungovernable, or runaway

5983

behavior. The child and family shall be provided with family

5984

counseling and other support services necessary for

5985

reunification.

5986

Section 124. Subsection (22) of section 1003.52, Florida

5987

Statutes, is amended to read:

5988

1003.52 Educational services in Department of Juvenile

5989

Justice programs.--

5990

(22) The Department of Juvenile Justice and the Department

5991

of Education, in consultation with Workforce Florida, Inc., the

5992

statewide Workforce Development Youth Council, district school

5993

boards, community colleges, providers, and others, shall jointly

5994

develop a multiagency plan for career education which describes

5995

the funding, curriculum, transfer of credits, goals, and outcome

5996

measures for career education programming in juvenile commitment

5997

facilities, pursuant to s. 985.622 ~~985.3155~~. The plan must be

5998

reviewed annually.

5999

Section 125. Subsection (2) of section 1006.08, Florida

6000

Statutes, is amended to read:

6001

1006.08 District school superintendent duties relating to

6002

student discipline and school safety.--

6003

(2) Notwithstanding the provisions of s. 985.04(7)~~(4)~~ or

6004

any other provision of law to the contrary, the court shall,

6005

within 48 hours of the finding, notify the appropriate district

6006

school superintendent of the name and address of any student

6007

found to have committed a delinquent act, or who has had

6008

adjudication of a delinquent act withheld which, if committed by

6009

an adult, would be a felony, or the name and address of any

6010

student found guilty of a felony. Notification shall include the

6011

specific delinquent act found to have been committed or for

6012

which adjudication was withheld, or the specific felony for

6013

which the student was found guilty.

6014

Section 126. Paragraph (a) of subsection (5) of section

6015

1006.13, Florida Statutes, is amended to read:

6016

1006.13 Policy of zero tolerance for crime and

6017

victimization.--

6018

(5)(a) Notwithstanding any provision of law prohibiting

6019

the disclosure of the identity of a minor, whenever any student

6020

who is attending public school is adjudicated guilty of or

6021

delinquent for, or is found to have committed, regardless of

6022

whether adjudication is withheld, or pleads guilty or nolo

6023

contendere to, a felony violation of:

6024

1. Chapter 782, relating to homicide;

6025

2. Chapter 784, relating to assault, battery, and culpable

6026

negligence;

6027

3. Chapter 787, relating to kidnapping, false

6028

imprisonment, luring or enticing a child, and custody offenses;

6029

4. Chapter 794, relating to sexual battery;

6030

5. Chapter 800, relating to lewdness and indecent

6031

exposure;

6032

6. Chapter 827, relating to abuse of children;

6033

7. Section 812.13, relating to robbery;

6034

8. Section 812.131, relating to robbery by sudden

6035

snatching;

6036

9. Section 812.133, relating to carjacking; or

6037

10. Section 812.135, relating to home-invasion robbery,

6038

6039

and, before or at the time of such adjudication, withholding of

6040

adjudication, or plea, the offender was attending a school

6041

attended by the victim or a sibling of the victim of the

6042

offense, the Department of Juvenile Justice shall notify the

6043

appropriate district school board of the adjudication or plea,

6044

the requirements of this paragraph, and whether the offender is

6045

prohibited from attending that school or riding on a school bus

6046

whenever the victim or a sibling of the victim is attending the

6047

same school or riding on the same school bus, except as provided

6048

pursuant to a written disposition order under s. 985.455(2)

6049

~~985.23(1)(d)~~. Upon receipt of such notice, the district school

6050

board shall take appropriate action to effectuate the provisions

6051

of paragraph (b).

6052

Section 127. Subsection (1) of section 1012.797, Florida

6053

Statutes, is amended to read:

6054

1012.797 Notification of district school superintendent of

6055

certain charges against or convictions of employees.--

6056

(1) Notwithstanding the provisions of s. 985.04(7)~~(4)~~ or

6057

any other provision of law to the contrary, a law enforcement

6058

agency shall, within 48 hours, notify the appropriate district

6059

school superintendent of the name and address of any employee of

6060

the school district who is charged with a felony or with a

6061

misdemeanor involving the abuse of a minor child or the sale or

6062

possession of a controlled substance. The notification shall

6063

include the specific charge for which the employee of the school

6064

district was arrested. Such notification shall include other

6065

education providers such as the Florida School for the Deaf and

6066

the Blind, university lab schools, and private elementary and

6067

secondary schools.

6068

Section 128. This act shall take effect January 1, 2006.

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