_h7029_

HB 7029

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; 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; amending and 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 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; amending and 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; amending and 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;

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. 985.418, F.S.; creating

s. 985.24, F.S., relating to the use of detention and to

prohibitions on the use of detention; renumbering

provisions of s. 985.213, F.S., that relate to the use of

detention; renumbering s. 985.214, F.S.; creating s.

985.245, F.S., relating to the risk assessment instrument;

amending and renumbering a provision of s. 985.213, F.S.,

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that relates to such instrument; revising cross-references

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to conform; creating s. 985.25, F.S., relating to

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detention intake; amending, renumbering, and redesignating

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

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intake; revising cross-references to conform; creating s.

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985.255, F.S., relating to detention criteria and

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detention hearings; amending and renumbering a provision

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of s. 985.215, F.S., that relates to such criteria and

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hearings; revising cross-references to conform; revising a

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

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relating to length of detention; amending, renumbering,

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

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relate to length of detention; revising cross-references

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

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detention transfer and release, education of juvenile

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offenders while in detention or on detention status, and

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holding of juvenile offenders in adult jails; amending and

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

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transfer, release, and holding juvenile offenders in adult

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

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relates to education of juvenile offenders while in

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detention or on detention status; revising references and

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

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relating to postcommitment detention of juvenile offenders

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while such offenders are awaiting residential placement;

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

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that relate to such detention; limiting the use of such

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detention; revising references to "detention" to clarify

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that such term means "secure detention" in certain

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

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detention of an escapee; amending and renumbering s.

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

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

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

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relating to process and service; renumbering provisions of

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

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creating s. 985.325, relating to prohibitions against

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threatening or dismissing employees; amending and

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

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

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

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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.,

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relating to delinquency pretrial intervention programs;

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

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relating to adjudicatory hearings, withholding of

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adjudication, and orders of adjudication; amending and

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

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prohibiting a person from possessing a firearm in certain

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circumstances; revising a reference and cross-references

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

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predisposition reports and other evaluations; amending and

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

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such reports and evaluations; revising cross-references to

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

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disposition hearings in delinquency cases; amending and

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

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

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an opportunity to comment on the issue of disposition;

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revising cross-references to conform; amending a provision

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

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

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probation, postcommitment probation, and community

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service; amending and redesignating a provision of s.

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

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probation, and community control; creating s. 985.437,

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F.S., relating to restitution; revising a reference and

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cross-reference to conform; creating s. 985.439, F.S.,

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relating to violations of probation or postcommitment

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probation; revising cross-references to conform; creating

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s. 985.441, F.S., relating to commitment; providing a

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requirement for commitment of a child as a juvenile sexual

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offender; revising cross-references to conform; creating

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

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

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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

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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

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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.

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985.465, F.S., relating to juvenile correctional

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facilities and juvenile prisons; amending and renumbering

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

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serious and habitual juvenile offenders; amending and

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

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to such offenders; amending and renumbering s. 985.31,

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

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

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sexual offenders; amending and renumbering a provision of

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

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a cross-reference to conform; amending and renumbering a

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

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offenders; revising cross-references to conform; creating

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

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commitment programs and sexual abuse intervention

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

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

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programs for juvenile offenders less than 13 years of age;

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

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that relates to such offenders; amending and renumbering

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

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

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for commitment of juvenile offenders less than 13 years of

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age to intensive residential treatment programs; amending

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

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

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to boot camp for children; amending and renumbering s.

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

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

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for juvenile felony offenders; amending and renumbering s.

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

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

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to counsel and the cost of representation; creating s.

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985.512, F.S., relating to the powers of the court with

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respect to certain children; renumbering s. 985.204, F.S.;

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creating s. 985.513, F.S., relating to the powers of the

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court over parents or guardians at disposition of the

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child's case; amending and redesignating provisions of s.

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985.231, F.S., that relate to such powers; revising cross-

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references to conform; creating s. 985.514, F.S., relating

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to the responsibilities of the parents or guardians of a

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child for certain fees related to the cost of care;

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revising a cross-reference to conform; creating s.

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985.534, F.S., relating to appeals in juvenile cases;

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renumbering s. 985.234, F.S.; creating s. 985.535, F.S.,

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relating to time for taking appeal by the state;

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renumbering s. 985.235, F.S.; creating s. 985.536, F.S.,

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relating to orders or decisions when the state appeals;

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renumbering s. 985.236, F.S.; creating s. 985.556, F.S.,

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relating to voluntary and involuntary waivers of juvenile

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court jurisdiction and hearings for such waivers; amending

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and renumbering s. 985.226, F.S.; revising cross-

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references to conform; creating s. 985.557, F.S., relating

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to discretionary and mandatory criteria for the direct

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filing of an information against a juvenile offender in

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the criminal division of the circuit court; amending and

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renumbering s. 985.227, F.S.; revising cross-references to

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conform; creating s. 985.56, F.S., relating to indictment

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of juvenile offenders; amending and renumbering s.

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985.225, F.S.; revising a reference and cross-references

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to conform; creating s. 985.565, F.S., relating to powers,

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procedures, and alternatives available to the court when

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sentencing juvenile offenders prosecuted as adults;

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amending, renumbering, and redesignating provisions of s.

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

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alternatives; revising cross-references to conform;

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

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children from the Department of Corrections to the

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Department of Juvenile Justice; renumbering s. 985.417;

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

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juvenile justice continuum; renumbering provisions of s.

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

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amending and renumbering s. 985.4043, F.S.; creating s.

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985.6015, F.S., relating to the Shared County/State

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Juvenile Detention Trust Fund; creating s. 985.605, F.S.,

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relating to requirements for prevention service programs;

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amending and renumbering s. 985.3045, F.S.; revising

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cross-references to conform; creating s. 985.606, F.S.,

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relating to requirements for agencies and entities

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providing prevention services; amending and renumbering s.

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985.3046, F.S.; revising a cross-reference to conform;

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creating s. 985.61, F.S., relating to criteria for early

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delinquency intervention programs; renumbering s. 985.305,

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F.S.; creating s. 985.614, F.S., relating to interagency

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cooperation for children who are locked out of their

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homes; amending and renumbering s. 985.2066, F.S.;

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creating s. 985.618, F.S., relating to educational and

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career-related programs; amending and renumbering s.

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985.315, F.S.; revising a cross-reference to conform;

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creating s. 985.622, F.S., relating to a multiagency plan

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for vocational education; renumbering s. 985.3155, F.S.;

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creating s. 985.625, F.S., relating to literacy programs

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for juvenile offenders; amending and renumbering s.

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985.317, F.S.; revising a cross-reference to conform;

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creating s. 985.629, F.S., relating to contracts for the

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transfer of Florida children in federal custody;

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renumbering s. 985.419, F.S.; creating s. 985.632, F.S.,

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relating to quality assurance and cost-effectiveness;

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renumbering s. 985.412, F.S.; creating s. 985.636, F.S.,

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relating to the Office of the Inspector General within the

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Department of Juvenile Justice; renumbering s. 985.42,

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F.S.; creating s. 985.64, F.S., relating to the authority

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of the Department of Juvenile Justice to adopt rules;

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amending and renumbering s. 985.405, F.S.; creating s.

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985.644, F.S., relating to the contracting powers and the

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personnel standards and screening requirements of the

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Department of Juvenile Justice; renumbering a provision of

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s. 985.01, F.S., that relates to such powers; renumbering

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s. 985.407, F.S.; creating s. 985.648, F.S., relating to

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consultants; renumbering s. 985.408, F.S.; creating s.

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985.652, F.S., relating to participation of certain

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juvenile programs in the State Risk Management Trust Fund;

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renumbering s. 985.409, F.S.; creating s. 985.66, F.S.,

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relating to juvenile justice training academies, the

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Juvenile Justice Standards and Training Commission, and

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the Juvenile Justice Trust Fund; amending and renumbering

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s. 985.406, F.S.; revising a cross-reference to conform;

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creating s. 985.664, F.S., relating to juvenile justice

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circuit boards and juvenile justice county councils;

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amending and renumbering s. 985.4135, F.S.; revising a

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cross-reference to conform; creating s. 985.668, F.S.,

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relating to innovation zones; renumbering s. 985.416,

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F.S.; creating s. 985.672, F.S., relating to direct-

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support organizations; renumbering s. 985.4145, F.S.;

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creating s. 985.676, F.S., relating to community juvenile

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justice partnership grants; amending and renumbering s.

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985.415, F.S.; revising cross-references to conform;

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creating s. 985.682, F.S., relating to studies and

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criteria for siting juvenile facilities; amending and

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renumbering s. 985.41, F.S.; creating s. 985.686, F.S.,

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relating to shared county and state responsibility for

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juvenile detention; renumbering s. 985.2155, F.S.;

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creating s. 985.688, F.S., relating to administering

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county and municipal delinquency programs and facilities;

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amending and renumbering s. 985.411, F.S.; revising a

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cross-reference to conform; creating s. 985.69, F.S.,

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relating to one-time startup funding for juvenile justice

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purposes; renumbering s. 985.4075, F.S.; creating s.

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985.692, F.S., relating to the Juvenile Welfare Trust

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Fund; renumbering s. 985.4041, F.S.; creating s. 985.694,

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F.S., relating to the Juvenile Care and Maintenance Trust

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Fund; renumbering s. 985.4042, F.S.; creating s. 985.701,

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F.S., relating to prohibiting sexual misconduct, reporting

335

requirements, and penalties; renumbering s. 985.4045,

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F.S.; creating s. 985.711, F.S., relating to penalties for

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the introduction, removal, or possession of certain

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articles; renumbering s. 985.4046, F.S.; creating s.

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985.721, F.S., relating to escapes from secure detention

340

or residential commitment facilities; amending and

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renumbering s. 985.3141, F.S.; revising a cross-reference

342

to conform; creating s. 985.731, F.S., relating to

343

sheltering or aiding unmarried minors; renumbering s.

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985.2065, F.S.; creating s. 985.801, F.S., relating to

345

legislative findings, policy, and implementation of the

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Interstate Compact on Juveniles; renumbering s. 985.501,

347

F.S.; creating s. 985.802, F.S., relating to execution of

348

the interstate compact; renumbering s. 985.502, F.S.;

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creating s. 985.803, F.S., relating to the administrator

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of the juvenile compact; renumbering s. 985.503, F.S.;

351

creating s. 985.804, F.S., relating to supplementary

352

agreements to the compact; renumbering s. 985.504, F.S.;

353

creating s. 985.805, F.S., relating to financial

354

arrangements related to the compact; renumbering s.

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985.505, F.S.; creating s. 985.806, F.S., relating to the

356

responsibilities of state departments, agencies, and

357

officers; renumbering s. 985.506, F.S.; creating s.

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985.807, F.S., relating to procedures in addition to those

359

provided under the compact; renumbering s. 985.507, F.S.;

360

creating s. 985.8025, F.S., relating to the State Council

361

for Interstate Juvenile Offender Supervision; renumbering

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s. 985.5023, F.S.; repealing ss. 985.215(6),

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985.231(1)(b), (c), (f), and (i), and (2) and

364

985.233(4)(d), F.S.; amending ss. 29.004, 29.008, 253.025,

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318.21, 397.334, 400.953, 419.001, 435.04, 790.115,

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790.22, 921.0022, 938.10, 943.053, 943.0582, 943.0585,

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943.059, 948.51, 958.046, 960.001, 984.03, 984.05, 984.09,

368

984.226, 1003.52, 1006.08, 1006.13, and 1012.797, F.S.;

369

conforming cross-references; providing an effective date.

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WHEREAS, the Legislature recognizes that chapter 985,

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Florida Statutes, entitled "DELINQUENCY; INTERSTATE COMPACT ON

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JUVENILES," which sets forth the policies and procedures

374

applicable to Florida's juvenile justice system, has become

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disjointed and unorganized due to numerous amendments since its

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

377

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

378

chapter in practice, and

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WHEREAS, the Legislature recognizes that chapter 985,

380

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

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it provided a chronological presentation of delinquency

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proceedings from the introduction of the child into the juvenile

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

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of the chapter was topically organized to contain all related

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policies and procedures, and

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WHEREAS, the Legislature intends for the following

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legislation to strictly effect a technical reorganization of

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chapter 985, Florida Statutes, without any substantive change to

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

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presentation and providing greater clarity for its users, NOW,

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THEREFORE,

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

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Section 1. The provisions of chapter 985, Florida

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Statutes, are substantially reorganized and renumbered or

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redesignated as follows:

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

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JUSTICE; INTERSTATE COMPACT ON JUVENILES."

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

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

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

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"GENERAL PROVISIONS."

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

405

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

406

is retitled "RECORDS AND INFORMATION."

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

408

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

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

410

Florida Statutes, is retitled "CUSTODY AND INTAKE; INTERVENTION

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AND DIVERSION."

412

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

413

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

414

is retitled "EXAMINATIONS AND EVALUATIONS."

415

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

416

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

417

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

418

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

419

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

420

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

421

ARRAIGNMENT, AND ADJUDICATION."

422

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

423

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

424

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

425

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

426

Statutes, is created and entitled "DISPOSITION;

427

POSTDISPOSITION."

428

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

429

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

430

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

431

GUARDIANS."

432

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

433

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

434

created and entitled "APPEAL."

435

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

436

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

437

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

438

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

439

of ss. 985.601, 985.6015, 985.605, 985.606, 985.61, 985.614,

440

985.618, 985.622, 985.625, 985.629, 985.632, 985.636, 985.64,

441

985.644, 985.648, 985.652, 985.66, 985.664, 985.668, 985.672,

442

985.676, 985.682, 985.686, 985.688, 985.69, 985.692, and

443

985.694, Florida Statutes, is created and entitled "DEPARTMENT

444

OF JUVENILE JUSTICE."

445

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

446

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

447

is created and entitled "MISCELLANEOUS OFFENSES."

448

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

449

consisting of ss. 985.801, 985.802, 985.8025, 985.803, 985.804,

450

985.805, 985.806, and 985.807, Florida Statutes, is created and

451

entitled "INTERSTATE COMPACT ON JUVENILES."

452

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

453

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

454

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

455

~~screening~~.--

456

(1) The purposes of this chapter are:

457

(f) To provide children committed to the department of

458

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

459

education.

460

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

461

chapter be liberally interpreted and construed in conformity

462

with its declared purposes.

463

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

464

985.02, Florida Statutes, is amended to read:

465

985.02 Legislative intent for the juvenile justice

466

system.--

467

(4) DETENTION.--

468

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

469

secure placement for certain children alleged to have committed

470

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

471

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

472

placement alternatives prior to adjudication and disposition are

473

not appropriate. The Legislature further finds that decisions to

474

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

475

and be limited to situations where there is clear and convincing

476

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

477

presents a substantial risk of inflicting bodily harm on others

478

as evidenced by recent behavior; presents a history of

479

committing a serious property offense prior to adjudication,

480

disposition, or placement; has acted in direct or indirect

481

contempt of court; or requests protection from imminent bodily

482

harm.

483

Section 4. Subsections (1) through (6), (8) through (31),

484

(33) through (48), and (50) through (60) of section 985.03,

485

Florida Statutes, are renumbered, respectively, as subsections

486

(1) through (6), (7) through (30), (31) through (46), and (47)

487

through (57), and subsections (2), (9), (16), (21), (22), (46),

488

and (60) of that section are amended, to read:

489

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

490

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

491

to determine whether or not the facts support the allegations

492

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

493

~~985.228~~ in delinquency cases.

494

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

495

delinquent act" means a child who, under this chapter, is found

496

by a court to have committed a violation of law or to be in

497

direct or indirect contempt of court, except that this

498

definition does not include an act constituting contempt of

499

court arising out of a dependency proceeding or a proceeding

500

concerning a child or family in need of services ~~under part III~~

501

~~of this chapter~~.

502

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

503

probation, or similar program; regional detention center or

504

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

505

by or contracted by the department, or institution owned and

506

operated by or contracted by the department, which provides

507

intake, supervision, or custody and care of children who are

508

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

509

chapter ~~part II~~.

510

(b) "Delinquency program staff" means supervisory and

511

direct care staff of a delinquency program as well as support

512

staff who have direct contact with children in a delinquency

513

program.

514

515

designed for the purpose of reducing the occurrence of

516

delinquency, including youth and street gang activity, and

517

juvenile arrests. The term excludes arbitration, diversionary or

518

mediation programs, and community service work or other

519

treatment available subsequent to a child committing a

520

delinquent act.

521

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

522

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

523

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

524

delinquency cases.

525

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

526

the court determines the most appropriate dispositional services

527

in the least restrictive available setting provided for under

528

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

529

(44)~~(46)~~ "Restrictiveness level" means the level of

530

programming and security provided by programs that service the

531

supervision, custody, care, and treatment needs of committed

532

children. Sections 985.721 ~~985.3141~~ and 985.601(10) ~~985.404(11)~~

533

apply to children placed in programs at any residential

534

commitment level. The restrictiveness levels of commitment are

535

as follows:

536

(a) Minimum-risk nonresidential.--Programs or program

537

models at this commitment level work with youth who remain in

538

the community and participate at least 5 days per week in a day

539

treatment program. Youth assessed and classified for programs at

540

this commitment level represent a minimum risk to themselves and

541

public safety and do not require placement and services in

542

residential settings. Youth in this level have full access to,

543

and reside in, the community. Youth who have been found to have

544

committed delinquent acts that involve firearms, that are sexual

545

offenses, or that would be life felonies or first degree

546

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

547

program at this level.

548

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

549

this commitment level are residential but may allow youth to

550

have unsupervised access to the community. Youth assessed and

551

classified for placement in programs at this commitment level

552

represent a low risk to themselves and public safety but do

553

require placement and services in residential settings. Children

554

who have been found to have committed delinquent acts that

555

involve firearms, delinquent acts that are sexual offenses, or

556

delinquent acts that would be life felonies or first degree

557

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

558

program at this level.

559

560

at this commitment level are residential but may allow youth to

561

have supervised access to the community. Facilities are either

562

environmentally secure, staff secure, or are hardware-secure

563

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

564

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

565

residents. Youth assessed and classified for placement in

566

programs at this commitment level represent a moderate risk to

567

public safety and require close supervision. The staff at a

568

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

569

physical threat to himself or herself or others. Mechanical

570

restraint may also be used when necessary.

571

(d) High-risk residential.--Programs or program models at

572

this commitment level are residential and do not allow youth to

573

have access to the community except that, temporary release

574

providing community access for up to 72 continuous hours may be

575

approved by a court for a youth who has made successful progress

576

in his or her program in order for the youth to attend a family

577

emergency or, during the final 60 days of his or her placement,

578

to visit his or her home, enroll in school or a vocational

579

program, complete a job interview, or participate in a community

580

service project. High-risk residential facilities are hardware-

581

secure with perimeter fencing and locking doors. Facilities

582

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

583

treatment of residents. Youth assessed and classified for this

584

level of placement require close supervision in a structured

585

residential setting. Placement in programs at this level is

586

prompted by a concern for public safety that outweighs placement

587

in programs at lower commitment levels. The staff at a facility

588

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

589

threat to himself or herself or others. Mechanical restraint may

590

also be used when necessary. The facility may provide for single

591

cell occupancy.

592

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

593

at this commitment level include juvenile correctional

594

facilities and juvenile prisons. The programs are long-term

595

residential and do not allow youth to have access to the

596

community. Facilities are maximum-custody hardware-secure with

597

perimeter security fencing and locking doors. Facilities shall

598

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

599

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

600

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

601

herself or others. Mechanical restraint may also be used when

602

necessary. The facility shall provide for single cell occupancy,

603

except that youth may be housed together during prerelease

604

transition. Youth assessed and classified for this level of

605

placement require close supervision in a maximum security

606

residential setting. Placement in a program at this level is

607

prompted by a demonstrated need to protect the public.

608

(57)~~(60)~~ "Waiver hearing" means a hearing provided for

609

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

610

Section 5. Section 985.201, Florida Statutes, is amended

611

and renumbered as section 985.0301, Florida Statutes, and

612

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

613

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

614

Statutes, to read:

615

985.0301 ~~985.201~~ Jurisdiction.--

616

(1) The circuit court has exclusive original jurisdiction

617

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

618

delinquent act or violation of law.

619

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

620

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

621

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

622

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

623

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

624

whichever first occurs, and thereafter the court may control the

625

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

626

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

627

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

628

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

629

committed and that the person does not meet the criteria for

630

prosecution and sentencing as an adult, the court shall

631

immediately transfer the case, together with the physical

632

custody of the person and all physical evidence, papers,

633

documents, and testimony, original and duplicate, connected

634

therewith, to the appropriate court for proceedings under this

635

chapter. The circuit court is exclusively authorized to assume

636

jurisdiction over any juvenile offender who is arrested and

637

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

638

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

639

which the circuit court is established, and who is surrendered

640

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

641

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

642

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

643

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

644

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

645

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

646

or placement for dispositional purposes. A child who has been

647

detained shall be transferred to the appropriate detention

648

center or facility or other placement directed by the receiving

649

court.

650

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

651

child is taken into custody before the filing of a petition

652

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

653

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

654

custody, which court shall have personal jurisdiction of the

655

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

656

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

657

is exercising initial jurisdiction of the person of the child

658

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

659

child to be transferred to the detention center or facility or

660

other placement as ordered by the court having subject matter

661

jurisdiction of the case.

662

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

663

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

664

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

665

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

666

alleged to have committed a delinquent act or violation of law

667

is obtained, the court shall retain jurisdiction, unless

668

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

669

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

670

to the child becoming an adult.

671

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

672

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

673

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

674

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

675

interested party or on his or her own motion.

676

677

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

678

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

679

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

680

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

681

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

682

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

683

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

684

after becoming 21 years of age.

685

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

686

committed to the department for placement in a juvenile prison

687

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

688

to allow the child to participate in a juvenile conditional

689

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

690

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

691

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

692

conditional release program, the department may use the transfer

693

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

694

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

695

committed to the department for placement in an intensive

696

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

697

offenders, in the residential commitment program in a juvenile

698

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

699

for serious or habitual juvenile offenders as provided in s.

700

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

701

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

702

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

703

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

704

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

705

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

706

program for serious or habitual juvenile offenders. Such

707

jurisdiction retention does not apply for other programs, other

708

purposes, or new offenses.

709

(f) The court may retain jurisdiction over a child

710

committed to a juvenile correctional facility or a juvenile

711

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

712

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

713

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

714

or habitual juvenile offender shall not be held under commitment

715

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

716

after becoming 21 years of age. This subparagraph shall apply

717

only for the purpose of completing the serious or habitual

718

juvenile offender program under this chapter and shall be used

719

solely for the purpose of treatment.

720

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

721

been placed in a program or facility for serious or habitual

722

juvenile offenders until the child reaches the age of 21,

723

specifically for the purpose of the child completing the

724

program.

725

(h) The court may retain jurisdiction over a juvenile

726

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

727

juvenile sexual offenders until the juvenile sexual offender

728

reaches the age of 21, specifically for the purpose of

729

completing the program.

730

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

731

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

732

to pay restitution until the restitution order is satisfied. To

733

retain jurisdiction, the court shall enter a restitution order,

734

which is separate from any disposition or order of commitment,

735

on or prior to the date that the court's jurisdiction would

736

cease under this section. The contents of the restitution order

737

shall be limited to the child's name and address, the name and

738

address of the parent or legal guardian, the name and address of

739

the payee, the case number, the date and amount of restitution

740

ordered, any amount of restitution paid, the amount of

741

restitution due and owing, and a notation that costs, interest,

742

penalties, and attorney's fees may also be due and owing. The

743

terms of the restitution order are subject to ~~the provisions of~~

744

s. 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 that 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 subsection ~~paragraph~~ regarding a case involving

799

a juvenile offense, except as is reasonably necessary to pursue

800

legal 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 that 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, and paragraph

884

(b) of subsection (1) and subsection (10) of that section are

885

amended to read:

886

985.039 ~~985.2311~~ Cost of supervision; cost of care.--

887

(1) Except as provided in subsection (3) or subsection

888

(4):

889

(b) When any child is placed into secure detention or

890

placed on committed status and the temporary legal custody of

891

such child is placed with the department ~~of Juvenile Justice~~,

892

the court shall order the parent of such child to pay to the

893

department a fee for the cost of the care of such child in the

894

amount of $5 per day for each day that the child is in the

895

temporary legal custody of the department.

896

(10) The department or the collection agency shall provide

897

to the payor documentation of the payment of any fee paid

898

pursuant to this section. Except as provided in subsection (9),

899

all payments received by the department or the collection agency

900

pursuant to this section shall be deposited in the department's

901

~~state~~ Grants and Donations Trust Fund ~~within the Department of~~

902

~~Juvenile Justice~~.

903

Section 12. Section 985.04, Florida Statutes, is amended

904

to read:

905

985.04 Oaths; records; confidential information.--

906

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

907

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

908

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

909

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

910

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

911

Department of Corrections, the juvenile justice circuit boards,

912

any law enforcement agent, or any licensed professional or

913

licensed community agency representative participating in the

914

assessment or treatment of a juvenile is confidential and may be

915

disclosed only to the authorized personnel of the court, the

916

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

917

of Corrections, the Parole Commission, law enforcement agents,

918

school superintendents and their designees, any licensed

919

professional or licensed community agency representative

920

participating in the assessment or treatment of a juvenile, and

921

others entitled under this chapter to receive that information,

922

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

923

chiefs of police, the district school superintendent, and the

924

department shall enter into an interagency agreement for the

925

purpose of sharing information about juvenile offenders among

926

all parties. The agreement must specify the conditions under

927

which summary criminal history information is to be made

928

available to appropriate school personnel, and the conditions

929

under which school records are to be made available to

930

appropriate department personnel. Such agreement shall require

931

notification to any classroom teacher of assignment to the

932

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

933

probation or commitment program for a felony offense. The

934

agencies entering into such agreement must comply with s.

935

943.0525, and must maintain the confidentiality of information

936

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

937

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

938

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

939

report of a child:

940

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

941

custody by a law enforcement officer for a violation of law

942

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

943

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

944

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

945

misdemeanors;

946

947

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

948

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

949

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

950

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

951

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

952

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

953

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

954

955

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

956

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

957

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

958

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

959

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

960

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

961

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

962

regarding any case handled in juvenile court, must not be

963

revealed to any outside party, except as is reasonably necessary

964

in pursuit of legal remedies.

965

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

966

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

967

enforcement officer for an offense that would have been a felony

968

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

969

enforcement agency must notify the superintendent of schools

970

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

971

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

972

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

973

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

974

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

975

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

976

has been charged with such felony or delinquent act. The

977

information obtained by the superintendent of schools under

978

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

979

receipt to appropriate school personnel, including the principal

980

of the school of the child. The principal must immediately

981

notify the child's immediate classroom teachers. Upon

982

notification, the principal is authorized to begin disciplinary

983

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

984

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

985

superintendent the presence of any child in the care and custody

986

or under the jurisdiction or supervision of the department who

987

has a known history of criminal sexual behavior with other

988

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

989

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

990

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

991

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

992

of adjudication. Any employee of a district school board who

993

knowingly and willfully discloses such information to an

994

unauthorized person commits a misdemeanor of the second degree,

995

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

996

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

997

~~Justice~~ may administer oaths and affirmations.

998

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

999

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

1000

which pertain to a child found to have committed a delinquent

1001

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

1002

in ss. 435.03 and 435.04 may not be destroyed under ~~pursuant to~~

1003

this section for a period of 25 years after the youth's final

1004

referral to the department, except in cases of the death of the

1005

child. Such records, however, shall be sealed by the court for

1006

use only in meeting the screening requirements for personnel in

1007

s. 402.3055 and the other sections cited above, or under

1008

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

1009

information must be obtained from the Department of Law

1010

Enforcement in accordance with s. 943.053. The information shall

1011

be released to those persons specified in the above cited

1012

sections for the purposes of complying with those sections. The

1013

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

1014

records for any unauthorized purpose.

1015

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

1016

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

1017

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

1018

the Secretary of Juvenile Justice or his or her authorized agent

1019

by persons who have sufficient reason and upon such conditions

1020

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

1021

authorized agent deems proper. The information in such records

1022

may be disclosed only to other employees of the department of

1023

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

1024

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

1025

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

1026

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

1027

authorized agent may permit properly qualified persons to

1028

inspect and make abstracts from records for statistical purposes

1029

under whatever conditions upon their use and disposition the

1030

secretary or his or her authorized agent deems proper, provided

1031

adequate assurances are given that children's names and other

1032

identifying information will not be disclosed by the applicant.

1033

(b) The destruction of records pertaining to children

1034

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

1035

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

1036

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

1037

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

1038

to chapter 943.

1039

(8) Criminal history information made available to

1040

governmental agencies by the Department of Law Enforcement or

1041

other criminal justice agencies shall not be used for any

1042

purpose other than that specified in the provision authorizing

1043

the releases.

1044

Section 13. Section 985.05, Florida Statutes, is

1045

renumbered as section 985.045, Florida Statutes, and amended to

1046

read:

1047

985.045 ~~985.05~~ Court records.--

1048

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

1049

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

1050

The court shall preserve the records pertaining to a child

1051

charged with committing a delinquent act or violation of law

1052

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

1053

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

1054

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

1055

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

1056

destroy them, except that records made of traffic offenses in

1057

which there is no allegation of delinquency may be destroyed as

1058

soon as this can be reasonably accomplished. The court shall

1059

make official records of all petitions and orders filed in a

1060

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

1061

other pleadings, certificates, proofs of publication, summonses,

1062

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

1063

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

1064

this section separate from other records of the circuit court,

1065

except those records pertaining to motor vehicle violations,

1066

which shall be forwarded to the Department of Highway Safety and

1067

Motor Vehicles. Except as provided in ss. 943.053 and

1068

985.04(7)~~(4)~~, official records required by this chapter are not

1069

open to inspection by the public, but may be inspected only upon

1070

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

1071

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

1072

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

1073

law enforcement agencies, the Department of Juvenile Justice and

1074

its designees, the Parole Commission, the Department of

1075

Corrections, and the Justice Administrative Commission shall

1076

always have the right to inspect and copy any official record

1077

pertaining to the child. The court may permit authorized

1078

representatives of recognized organizations compiling statistics

1079

for proper purposes to inspect, and make abstracts from,

1080

official records under whatever conditions upon the use and

1081

disposition of such records the court may deem proper and may

1082

punish by contempt proceedings any violation of those

1083

conditions.

1084

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

1085

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

1086

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

1087

appear.

1088

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

1089

is not admissible in evidence in any other civil or criminal

1090

proceeding, except that:

1091

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

1092

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

1093

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

1094

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

1095

the jury in any trial.

1096

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

1097

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

1098

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

1099

1100

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

1101

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

1102

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

1103

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

1104

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

1105

charge.

1106

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

1107

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

1108

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

1109

and 985.644 ~~985.407~~.

1110

(5) This chapter does not prohibit a circuit court from

1111

providing a restitution order containing the information

1112

prescribed in s. 985.0301(5)(i) ~~985.201(4)(c)~~ to a collection

1113

court or a private collection agency for the sole purpose of

1114

collecting unpaid restitution ordered in a case in which the

1115

circuit court has retained jurisdiction over the child and the

1116

child's parent or legal guardian. The collection court or

1117

private collection agency shall maintain the confidential status

1118

of the information to the extent such confidentiality is

1119

provided by law.

1120

Section 14. Sections 985.06 and 985.08, Florida Statutes,

1121

are renumbered, respectively, as sections 985.046 and 985.047,

1122

Florida Statutes.

1123

Section 15. Section 985.207, Florida Statutes, is amended

1124

and renumbered as section 985.101, Florida Statutes, and

1125

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

1126

renumbered as subsection (2) of section 985.101, Florida

1127

Statutes, and amended to read:

1128

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

1129

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

1130

circumstances:

1131

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

1132

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

1133

after a petition is filed.

1134

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

1135

Florida law pertaining to a lawful arrest. If such delinquent

1136

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

1137

adult or involves a crime of violence, the arresting authority

1138

shall immediately notify the district school superintendent, or

1139

the superintendent's designee, of the school district with

1140

educational jurisdiction of the child. Such notification shall

1141

include other education providers such as the Florida School for

1142

the Deaf and the Blind, university developmental research

1143

schools, and private elementary and secondary schools. The

1144

information obtained by the superintendent of schools pursuant

1145

to this section must be released within 48 hours after receipt

1146

to appropriate school personnel, including the principal of the

1147

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

1148

must immediately notify the child's immediate classroom

1149

teachers. Information provided by an arresting authority under

1150

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

1151

permanent record and shall be removed from all school records no

1152

later than 9 months after the date of the arrest.

1153

1154

a court hearing after being properly noticed.

1155

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

1156

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

1157

child's probation, home detention, post commitment probation, or

1158

conditional release supervision, has absconded from

1159

nonresidential commitment, or has escaped from residential

1160

commitment.

1161

1162

Nothing in this subsection shall be construed to allow the

1163

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

1164

part V ~~s. 985.215~~.

1165

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

1166

placed into or transported in any police car or similar vehicle

1167

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

1168

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

1169

or transaction as the child.

1170

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

1171

this section, the person taking the child into custody shall

1172

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

1173

the child. The person taking the child into custody shall

1174

continue such attempt until the parent, guardian, or legal

1175

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

1176

a juvenile probation officer under ss. 985.14 and 985.145

1177

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

1178

delivered to a juvenile probation officer before the parent,

1179

guardian, or legal custodian is notified, the juvenile probation

1180

officer shall continue the attempt to notify until the parent,

1181

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

1182

notification, the parent or guardian must provide identifying

1183

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

1184

security number, and driver's license number or identification

1185

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

1186

child into custody or the juvenile probation officer.

1187

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

1188

for the purpose of determining whether the taking into custody

1189

or the obtaining of any evidence in conjunction therewith is

1190

lawful.

1191

Section 16. Section 985.2075, Florida Statutes, is

1192

renumbered as section 985.105, Florida Statutes and subsections

1193

(1) and (2) of that section are amended to read:

1194

985.105 ~~985.2075~~ Youth custody officer.--

1195

(1) There is created within the department ~~of Juvenile~~

1196

~~Justice~~ the position of youth custody officer. The duties of

1197

each youth custody officer shall be to take youth into custody

1198

if the officer has probable cause to believe that the youth has

1199

violated the conditions of probation, home detention,

1200

conditional release, or postcommitment probation, or has failed

1201

to appear in court after being properly noticed. The authority

1202

of the youth custody officer to take youth into custody is

1203

specifically limited to this purpose.

1204

(2) A youth custody officer must meet the minimum

1205

qualifications for employment or appointment, be certified under

1206

chapter 943, and comply with the requirements for continued

1207

employment required by s. 943.135. The department ~~of Juvenile~~

1208

~~Justice~~ must comply with the responsibilities provided for an

1209

employing agency under s. 943.133 for each youth custody

1210

officer.

1211

Section 17. Section 985.212, Florida Statutes, is

1212

renumbered as section 985.11, Florida Statutes, and paragraph

1213

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

1214

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

1215

(1)

1216

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

1217

one of the following offenses shall be fingerprinted, and the

1218

fingerprints shall be submitted to the Department of Law

1219

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

1220

1. Assault, as defined in s. 784.011.

1221

2. Battery, as defined in s. 784.03.

1222

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

1223

790.01(1).

1224

4. Unlawful use of destructive devices or bombs, as

1225

defined in s. 790.1615(1).

1226

5. Negligent treatment of children, as defined in former

1227

s. 827.05.

1228

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

1229

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

1230

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

1231

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

1232

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

1233

790.22(5).

1234

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

1235

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

1236

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

1237

defined in s. 806.031(1).

1238

13. Unlawful possession or discharge of a weapon or

1239

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

1240

defined in s. 790.115.

1241

1242

A law enforcement agency may fingerprint and photograph a child

1243

taken into custody upon probable cause that such child has

1244

committed any other violation of law, as the agency deems

1245

appropriate. Such fingerprint records and photographs shall be

1246

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

1247

these records and all copies thereof must be marked "Juvenile

1248

Confidential." These records are not available for public

1249

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

1250

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

1251

to other law enforcement agencies, criminal justice agencies,

1252

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

1253

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

1254

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

1255

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

1256

Enforcement for inclusion in the state criminal history records

1257

and used by criminal justice agencies for criminal justice

1258

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

1259

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

1260

fingerprint and photograph records shall be produced in the

1261

court whenever directed by the court. Any photograph taken

1262

pursuant to this section may be shown by a law enforcement

1263

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

1264

identifying the person who committed such crime.

1265

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

1266

Florida Statutes, are renumbered, respectively, as subsections

1267

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

1268

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

1269

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

1270

section 985.115, Florida Statutes, and amended to read:

1271

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

1272

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

1273

custody as soon as is reasonably possible.

1274

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

1275

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

1276

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

1277

attempt to release the child as follows:

1278

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

1279

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

1280

unavailable, unwilling, or unable to provide supervision for the

1281

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

1282

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

1283

custodian, the person taking the child into custody may conduct

1284

a criminal history background check of the person to whom the

1285

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

1286

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

1287

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

1288

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

1289

released shall agree to inform the department or the person

1290

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

1291

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

1292

direct, and the child shall join in the agreement.

1293

(b) Contingent upon specific appropriation, to a shelter

1294

approved by the department or to an authorized agent under

1295

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

1296

1297

serious physical condition which requires either prompt

1298

diagnosis or prompt treatment, to a law enforcement officer who

1299

shall deliver the child to a hospital for necessary evaluation

1300

and treatment.

1301

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

1302

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

1303

the child to a designated public receiving facility as defined

1304

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

1305

of s. 394.463.

1306

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

1307

threatened, attempted, or inflicted physical harm on himself or

1308

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

1309

law enforcement officer who shall deliver the child to a

1310

hospital, addictions receiving facility, or treatment resource.

1311

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

1312

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

1313

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

1314

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

1315

a copy of the assessment.

1316

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

1317

officer may deliver the child, for temporary custody not to

1318

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

1319

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

1320

purpose of fingerprinting or photographing the child or awaiting

1321

appropriate transport to the department or as provided in s.

1322

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

1323

contact between the child and adult inmates or trustees is

1324

permitted and the receiving facility has adequate staff to

1325

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

1326

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

1327

the proper use of law enforcement diversion programs. Law

1328

enforcement agencies may initiate and conduct diversion programs

1329

designed to divert a child from the need for department custody

1330

or judicial handling. Such programs may be cooperative projects

1331

with local community service agencies.

1332

Section 19. Section 985.301, Florida Statutes, is

1333

renumbered as section 985.12, Florida Statutes, and subsection

1334

(4) of that section is amended to read:

1335

985.12 ~~985.301~~ Civil citation.--

1336

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

1337

assignment, complete a work assignment, or comply with assigned

1338

intervention services within the prescribed time, or if the

1339

juvenile commits a third or subsequent misdemeanor, the law

1340

enforcement officer shall issue a report alleging the child has

1341

committed a delinquent act, at which point a juvenile probation

1342

officer shall perform a preliminary determination as provided

1343

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

1344

Section 20. Section 985.3065, Florida Statutes, is

1345

renumbered as section 985.125, Florida Statutes.

1346

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

1347

985.211, Florida Statutes, are renumbered as section 985.13,

1348

Florida Statutes, and amended to read:

1349

985.13 Probable cause affidavits.--

1350

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

1351

child into custody shall make a written report or probable cause

1352

affidavit to the appropriate juvenile probation officer within

1353

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

1354

for taking the child into custody. Such written report or

1355

probable cause affidavit shall:

1356

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

1357

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

1358

(b) Contain sufficient information to establish the

1359

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

1360

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

1361

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

1362

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

1363

should be detained or released to a shelter designated by the

1364

department, shall make a reasonable effort to immediately notify

1365

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

1366

without unreasonable delay, deliver the child to the appropriate

1367

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

1368

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

1369

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

1370

taking the child into custody shall make a written report or

1371

probable cause affidavit to the appropriate juvenile probation

1372

officer. Such written report or probable cause affidavit must:

1373

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

1374

guardian, or legal custodian.

1375

(b) Establish that the child was legally taken into

1376

custody, with sufficient information to establish the

1377

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

1378

the child has committed a violation of law.

1379

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

1380

written report made by the person taking the child into custody

1381

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

1382

person making such affidavit or written report, with the clerk

1383

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

1384

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

1385

24 hours after the affidavit or report is made, excluding

1386

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

1387

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

1388

under ~~pursuant to~~ this subsection.

1389

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

1390

affidavit or written report by a law enforcement agency with the

1391

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

1392

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

1393

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

1394

of the department which serves the county in which the case

1395

arose.

1396

1397

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

1398

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

1399

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

1400

issuing agency shall furnish copies to the juvenile probation

1401

officer and the state attorney.

1402

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

1403

of a previously filed probable cause affidavit or written

1404

report, the agency filing the petition shall include the

1405

appropriate uniform case number on the petition.

1406

Section 22. Section 985.209, Florida Statutes, is

1407

renumbered as section 985.135, Florida Statutes, and subsection

1408

(1) of that section is amended to read:

1409

985.135 ~~985.209~~ Juvenile assessment centers.--

1410

(1) As used in this section, "center" means a juvenile

1411

assessment center comprising community operated facilities and

1412

programs which provide collocated central intake and screening

1413

services for youth referred to the department ~~of Juvenile~~

1414

~~Justice~~.

1415

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

1416

Florida Statutes, are renumbered as section 985.14, Florida

1417

Statutes, and amended to read:

1418

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

1419

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

1420

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

1421

~~screened in order to determine:~~

1422

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

1423

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

1424

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

1425

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

1426

~~handling.~~

1427

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

1428

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

1429

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

1430

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

1431

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

1432

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

1433

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

1434

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

1435

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

1436

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

1437

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

1438

~~available and relevant assessment information concerning the~~

1439

~~child's precipitating condition.~~

1440

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

1441

intake and a case management system whereby a child brought into

1442

intake is assigned a juvenile probation officer if the child was

1443

not released, referred to a diversionary program, referred for

1444

community arbitration, or referred to some other program or

1445

agency for the purpose of nonofficial or nonjudicial handling,

1446

and shall make every reasonable effort to provide case

1447

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

1448

management for children committed to residential programs may be

1449

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

1450

(2) The intake process shall be performed by the

1451

department through a case management system. The purpose of the

1452

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

1453

determine the most appropriate treatment plan and setting for

1454

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

1455

shall result in choosing the most appropriate services through a

1456

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

1457

the family and the public. The juvenile probation officer shall

1458

be responsible for making informed decisions and recommendations

1459

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

1460

the child and family may receive the least intrusive service

1461

alternative throughout the judicial process. The department

1462

shall establish uniform procedures for the juvenile probation

1463

officer to provide a preliminary screening of the child and

1464

family for substance abuse and mental health services prior to

1465

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

1466

prior to a disposition hearing.

1467

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

1468

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

1469

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

1470

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

1471

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

1472

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

1473

~~the court.~~

1474

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

1475

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

1476

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

1477

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

1478

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

1479

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

1480

~~educational or treatment services.~~

1481

~~d. Coordinating the multidisciplinary assessment when~~

1482

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

1483

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

1484

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

1485

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

1486

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

1487

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

1488

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

1489

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

1490

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

1491

~~predisposition report.~~

1492

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

1493

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

1494

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

1495

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

1496

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

1497

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

1498

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

1499

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

1500

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

1501

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

1502

~~section.~~

1503

1504

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

1505

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

1506

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

1507

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

1508

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

1509

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

1510

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

1511

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

1512

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

1513

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

1514

facilitate consistency in the recommended placement of each

1515

child, and in the assessment, classification, and placement

1516

process, with the following purposes:

1517

(a)1. An individualized, multidisciplinary assessment

1518

process that identifies the priority needs of each individual

1519

child for rehabilitation and treatment and identifies any needs

1520

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

1521

enhance their ability to provide adequate support, guidance, and

1522

supervision for the child. This process shall begin with the

1523

detention risk assessment instrument and decision, shall include

1524

the intake preliminary screening and comprehensive assessment

1525

for substance abuse treatment services, mental health services,

1526

retardation services, literacy services, and other educational

1527

and treatment services as components, additional assessment of

1528

the child's treatment needs, and classification regarding the

1529

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

1530

delinquent child, shall include the assessment for placement in

1531

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

1532

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

1533

process shall result in the predisposition report.

1534

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

1535

to the child and the community based upon assessments including

1536

the detention risk assessment results when available to classify

1537

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

1538

alternatives.

1539

1540

child the utilization of the treatment plan and setting most

1541

appropriate to meet the child's programmatic needs and provide

1542

the minimum program security needed to ensure public safety.

1543

(4) The department shall annually advise the Legislature

1544

and the Executive Office of the Governor of the resources needed

1545

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

1546

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

1547

and allows the necessary supervision and services for each

1548

child. The intake process and case management system shall

1549

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

1550

relative risks, and most appropriate handling, and shall be

1551

based on an individualized treatment plan.

1552

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

1553

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

1554

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

1555

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

1556

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

1557

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

1558

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

1559

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

1560

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

1561

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

1562

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

1563

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

1564

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

1565

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

1566

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

1567

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

1568

~~abuse and mental health services.~~

1569

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

1570

985.21, Florida Statutes, are renumbered as section 985.145,

1571

Florida Statutes, and amended to read:

1572

985.145 Responsibilities of juvenile probation officer

1573

during intake; screenings and assessments.--

1574

(1) The juvenile probation officer shall serve as the

1575

primary case manager for the purpose of managing, coordinating,

1576

and monitoring the services provided to the child. Each program

1577

administrator within the Department of Children and Family

1578

Services shall cooperate with the primary case manager in

1579

carrying out the duties and responsibilities described in this

1580

section. In addition to duties specified in other sections and

1581

through departmental rules, the assigned juvenile probation

1582

officer shall be responsible for the following:

1583

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

1584

probation officer shall make a preliminary determination as to

1585

whether the report, affidavit, or complaint is complete,

1586

consulting with the state attorney as may be necessary. A

1587

report, affidavit, or complaint alleging that a child has

1588

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

1589

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

1590

found or in which the delinquent act or violation of law

1591

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

1592

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

1593

furnish to the intake office facts sufficient to establish the

1594

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

1595

that the child has committed a delinquent act or violation of

1596

law.

1597

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

1598

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

1599

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

1600

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

1601

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

1602

probation officer or the state attorney finds that the report,

1603

affidavit, or complaint is insufficient by the standards for a

1604

probable cause affidavit, the juvenile probation officer or

1605

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

1606

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

1607

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

1608

the appropriate law enforcement agency having investigative

1609

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

1610

or agency shall promptly furnish, additional information in

1611

order to comply with the standards for a probable cause

1612

affidavit.

1613

1614

probation officer shall screen each child or shall cause each

1615

child to be screened in order to determine:

1616

1. Appropriateness for release; referral to a diversionary

1617

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

1618

referral for community arbitration; or referral to some other

1619

program or agency for the purpose of nonofficial or nonjudicial

1620

handling.

1621

2. The presence of medical, psychiatric, psychological,

1622

substance abuse, educational, or vocational problems, or other

1623

conditions that may have caused the child to come to the

1624

attention of law enforcement or the department. The child shall

1625

also be screened to determine whether the child poses a danger

1626

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

1627

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

1628

officers. In cases where such conditions are identified and a

1629

nonjudicial handling of the case is chosen, the juvenile

1630

probation officer shall attempt to refer the child to a program

1631

or agency, together with all available and relevant assessment

1632

information concerning the child's precipitating condition.

1633

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

1634

probation officer shall ensure that a risk assessment instrument

1635

establishing the child's eligibility for detention has been

1636

accurately completed and that the appropriate recommendation was

1637

made to the court.

1638

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

1639

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

1640

and against self-incrimination.

1641

(f) Multidisciplinary assessment.--The juvenile probation

1642

officer shall coordinate the multidisciplinary assessment when

1643

required, which includes the classification and placement

1644

process that determines the child's priority needs, risk

1645

classification, and treatment plan. When sufficient evidence

1646

exists to warrant a comprehensive assessment and the child fails

1647

to voluntarily participate in the assessment efforts, the

1648

juvenile probation officer shall inform the court of the need

1649

for the assessment and the refusal of the child to participate

1650

in such assessment. This assessment, classification, and

1651

placement process shall develop into the predisposition report.

1652

(g) Comprehensive assessment.--The juvenile probation

1653

officer, pursuant to uniform procedures established by the

1654

department and upon determining that the report, affidavit, or

1655

complaint is complete, shall:

1656

1. Perform the preliminary screening and make referrals

1657

for a comprehensive assessment regarding the child's need for

1658

substance abuse treatment services, mental health services,

1659

retardation services, literacy services, or other educational or

1660

treatment services.

1661

2. 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

3. 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 who

1670

have clinical expertise and experience in the assessment of

1671

mental health problems.

1672

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

1673

officer shall make recommendations for services and facilitate

1674

the delivery of those services to the child, including any

1675

mental health services, educational services, family counseling

1676

services, family assistance services, and substance abuse

1677

services.

1678

(i) Recommendation concerning a petition.--Upon

1679

determining that the report, affidavit, or complaint complies

1680

with the standards of a probable cause affidavit and that the

1681

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

1682

juvenile probation officer may recommend that a delinquency

1683

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

1684

juvenile probation officer shall advise in writing the person or

1685

agency making the report, affidavit, or complaint, the victim,

1686

if any, and the law enforcement agency having investigative

1687

jurisdiction over the offense of the recommendation; the reasons

1688

therefore; and that the person or agency may submit, within 10

1689

days after the receipt of such notice, the report, affidavit, or

1690

complaint to the state attorney for special review. The state

1691

attorney, upon receiving a request for special review, shall

1692

consider the facts presented by the report, affidavit, or

1693

complaint, and by the juvenile probation officer who made the

1694

recommendation that no petition be filed, before making a final

1695

decision as to whether a petition or information should or

1696

should not be filed.

1697

(j) Completing intake report.--Subject to the interagency

1698

agreement authorized under this paragraph, the juvenile

1699

probation officer for each case in which a child is alleged to

1700

have committed a violation of law or delinquent act and is not

1701

detained shall submit a written report to the state attorney,

1702

including the original report, complaint, or affidavit, or a

1703

copy thereof, including a copy of the child's prior juvenile

1704

record, within 20 days after the date the child is taken into

1705

custody. In cases in which the child is in detention, the intake

1706

office report must be submitted within 24 hours after the child

1707

is placed into detention. The intake office report may include a

1708

recommendation that a petition or information be filed or that

1709

no petition or information be filed and may set forth reasons

1710

for the recommendation. The state attorney and the department

1711

may, on a district-by-district basis, enter into interagency

1712

agreements denoting the cases that will require a recommendation

1713

and those for which a recommendation is unnecessary.

1714

~~(a) The juvenile probation officer, upon determining that~~

1715

~~the report, affidavit, or complaint is complete, pursuant to~~

1716

~~uniform procedures established by the department, shall:~~

1717

~~1. When indicated by the preliminary screening, provide~~

1718

~~for a comprehensive assessment of the child and family for~~

1719

~~substance abuse problems, using community-based licensed~~

1720

~~programs with clinical expertise and experience in the~~

1721

~~assessment of substance abuse problems.~~

1722

~~2. When indicated by the preliminary screening, provide~~

1723

~~for a comprehensive assessment of the child and family for~~

1724

~~mental health problems, using community-based psychologists,~~

1725

~~psychiatrists, or other licensed mental health professionals~~

1726

~~with clinical expertise and experience in the assessment of~~

1727

~~mental health problems.~~

1728

1729

~~When indicated by the comprehensive assessment, the department~~

1730

~~is authorized to contract within appropriated funds for services~~

1731

~~with a local nonprofit community mental health or substance~~

1732

~~abuse agency licensed or authorized under chapter 394, or~~

1733

~~chapter 397, or other authorized nonprofit social service agency~~

1734

~~providing related services. The determination of mental health~~

1735

~~or substance abuse services shall be conducted in coordination~~

1736

~~with existing programs providing mental health or substance~~

1737

~~abuse services in conjunction with the intake office. Client~~

1738

~~information resulting from the screening and evaluation shall be~~

1739

~~documented pursuant to rules established by the department and~~

1740

~~shall serve to assist the juvenile probation officer in~~

1741

~~providing the most appropriate services and recommendations in~~

1742

~~the least intrusive manner. Such client information shall be~~

1743

~~used in the multidisciplinary assessment and classification of~~

1744

~~the child, but such information, and any information obtained~~

1745

~~directly or indirectly through the assessment process, is~~

1746

~~inadmissible in court prior to the disposition hearing, unless~~

1747

~~the child's written consent is obtained. At the disposition~~

1748

~~hearing, documented client information shall serve to assist the~~

1749

~~court in making the most appropriate custody, adjudicatory, and~~

1750

~~dispositional decision. If the screening and assessment indicate~~

1751

~~that the interest of the child and the public will be best~~

1752

~~served thereby, the juvenile probation officer, with the~~

1753

~~approval of the state attorney, may refer the child for care,~~

1754

~~diagnostic and evaluation services, substance abuse treatment~~

1755

~~services, mental health services, retardation services, a~~

1756

~~diversionary or arbitration or mediation program, community~~

1757

~~service work, or other programs or treatment services~~

1758

~~voluntarily accepted by the child and the child's parents or~~

1759

~~legal guardians. The victim, if any, and the law enforcement~~

1760

~~agency which investigated the offense shall be notified~~

1761

~~immediately by the state attorney of the action taken under this~~

1762

~~paragraph. Whenever a child volunteers to participate in any~~

1763

~~work program under this chapter or volunteers to work in a~~

1764

~~specified state, county, municipal, or community service~~

1765

~~organization supervised work program or to work for the victim,~~

1766

~~the child shall be considered an employee of the state for the~~

1767

~~purposes of liability. In determining the child's average weekly~~

1768

~~wage, unless otherwise determined by a specific funding program,~~

1769

~~all remuneration received from the employer is considered a~~

1770

~~gratuity, and the child is not entitled to any benefits~~

1771

~~otherwise payable under s. 440.15, regardless of whether the~~

1772

~~child may be receiving wages and remuneration from other~~

1773

~~employment with another employer and regardless of the child's~~

1774

~~future wage-earning capacity.~~

1775

~~(b) The juvenile probation officer, upon determining that~~

1776

~~the report, affidavit, or complaint complies with the standards~~

1777

~~of a probable cause affidavit and that the interest of the child~~

1778

~~and the public will be best served, may recommend that a~~

1779

~~delinquency petition not be filed. If such a recommendation is~~

1780

~~made, the juvenile probation officer shall advise in writing the~~

1781

~~person or agency making the report, affidavit, or complaint, the~~

1782

~~victim, if any, and the law enforcement agency having~~

1783

~~investigative jurisdiction of the offense of the recommendation~~

1784

~~and the reasons therefor; and that the person or agency may~~

1785

~~submit, within 10 days after the receipt of such notice, the~~

1786

~~report, affidavit, or complaint to the state attorney for~~

1787

~~special review. The state attorney, upon receiving a request for~~

1788

~~special review, shall consider the facts presented by the~~

1789

~~report,~~ ~~affidavit, or complaint, and by the juvenile probation~~

1790

~~officer who made the recommendation that no petition be filed,~~

1791

~~before making a final decision as to whether a petition or~~

1792

~~information should or should not be filed.~~

1793

~~(c) Subject to the interagency agreement authorized under~~

1794

~~this paragraph, the juvenile probation officer for each case in~~

1795

~~which a child is alleged to have committed a violation of law or~~

1796

~~delinquent act and is not detained shall submit a written report~~

1797

~~to the state attorney, including the original report, complaint,~~

1798

~~or affidavit, or a copy thereof, including a copy of the child's~~

1799

~~prior juvenile record, within 20 days after the date the child~~

1800

~~is taken into custody. In cases in which the child is in~~

1801

~~detention, the intake office report must be submitted within 24~~

1802

~~hours after the child is placed into detention. The intake~~

1803

~~office report may include a recommendation that a petition or~~

1804

~~information be filed or that no petition or information be~~

1805

~~filed, and may set forth reasons for the recommendation. The~~

1806

~~State Attorney and the Department of Juvenile Justice may, on a~~

1807

~~district-by-district basis, enter into interagency agreements~~

1808

~~denoting the cases that will require a recommendation and those~~

1809

~~for which a recommendation is unnecessary.~~

1810

~~(d) The state attorney may in all cases take action~~

1811

~~independent of the action or lack of action of the juvenile~~

1812

~~probation officer, and shall determine the action which is in~~

1813

~~the best interest of the public and the child. If the child~~

1814

~~meets the criteria requiring prosecution as an adult pursuant to~~

1815

~~s. 985.226, the state attorney shall request the court to~~

1816

~~transfer and certify the child for prosecution as an adult or~~

1817

~~shall provide written reasons to the court for not making such~~

1818

~~request. In all other cases, the state attorney may:~~

1819

~~1. File a petition for dependency;~~

1820

~~2. File a petition pursuant to chapter 984;~~

1821

~~3. File a petition for delinquency;~~

1822

~~4. File a petition for delinquency with a motion to~~

1823

~~transfer and certify the child for prosecution as an adult;~~

1824

~~5. File an information pursuant to s. 985.227;~~

1825

~~6. Refer the case to a grand jury;~~

1826

~~7. Refer the child to a diversionary, pretrial~~

1827

~~intervention, arbitration, or mediation program, or to some~~

1828

~~other treatment or care program if such program commitment is~~

1829

~~voluntarily accepted by the child or the child's parents or~~

1830

~~legal guardians; or~~

1831

~~8. Decline to file.~~

1832

~~(e) In cases in which a delinquency report, affidavit, or~~

1833

~~complaint is filed by a law enforcement agency and the state~~

1834

~~attorney determines not to file a petition, the state attorney~~

1835

~~shall advise the clerk of the circuit court in writing that no~~

1836

~~petition will be filed thereon.~~

1837

(2)~~(5)~~ Prior to requesting that a delinquency petition be

1838

filed or prior to filing a dependency petition, the juvenile

1839

probation officer may request the parent or legal guardian of

1840

the child to attend a course of instruction in parenting skills,

1841

training in conflict resolution, and the practice of

1842

nonviolence; to accept counseling; or to receive other

1843

assistance from any agency in the community which notifies the

1844

clerk of the court of the availability of its services. Where

1845

appropriate, the juvenile probation officer shall request both

1846

parents or guardians to receive such parental assistance. The

1847

juvenile probation officer may, in determining whether to

1848

request that a delinquency petition be filed, take into

1849

consideration the willingness of the parent or legal guardian to

1850

comply with such request. The parent or guardian must provide

1851

the juvenile probation officer with identifying information,

1852

including the parent's or guardian's name, address, date of

1853

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

1854

identification card number in order to comply with s. 985.039

1855

~~985.2311~~.

1856

(3) When indicated by the comprehensive assessment, the

1857

department is authorized to contract within appropriated funds

1858

for services with a local nonprofit community mental health or

1859

substance abuse agency licensed or authorized under chapter 394

1860

or chapter 397 or other authorized nonprofit social service

1861

agency providing related services. The determination of mental

1862

health or substance abuse services shall be conducted in

1863

coordination with existing programs providing mental health or

1864

substance abuse services in conjunction with the intake office.

1865

(4) Client information resulting from the screening and

1866

evaluation shall be documented under rules of the department and

1867

shall serve to assist the juvenile probation officer in

1868

providing the most appropriate services and recommendations in

1869

the least intrusive manner. Such client information shall be

1870

used in the multidisciplinary assessment and classification of

1871

the child, but such information, and any information obtained

1872

directly or indirectly through the assessment process, is

1873

inadmissible in court prior to the disposition hearing, unless

1874

the child's written consent is obtained. At the disposition

1875

hearing, documented client information shall serve to assist the

1876

court in making the most appropriate custody, adjudicatory, and

1877

dispositional decision.

1878

(5) If the screening and assessment indicate that the

1879

interest of the child and the public will be best served

1880

thereby, the juvenile probation officer, with the approval of

1881

the state attorney, may refer the child for care, diagnostic,

1882

and evaluation services; substance abuse treatment services;

1883

mental health services; retardation services; a diversionary,

1884

arbitration, or mediation program; community service work; or

1885

other programs or treatment services voluntarily accepted by the

1886

child and the child's parents or legal guardian. Whenever a

1887

child volunteers to participate in any work program under this

1888

chapter or volunteers to work in a specified state, county,

1889

municipal, or community service organization supervised work

1890

program or to work for the victim, the child shall be considered

1891

an employee of the state for the purposes of liability. In

1892

determining the child's average weekly wage, unless otherwise

1893

determined by a specific funding program, all remuneration

1894

received from the employer is considered a gratuity, and the

1895

child is not entitled to any benefits otherwise payable under s.

1896

440.15, regardless of whether the child may be receiving wages

1897

and remuneration from other employment with another employer and

1898

regardless of the child's future wage-earning capacity.

1899

(6) The victim, if any, and the law enforcement agency

1900

that investigated the offense shall be notified immediately by

1901

the state attorney of the action taken under subsection (5).

1902

Section 25. Section 985.15, Florida Statutes, is created

1903

to read:

1904

985.15 Filing decisions.--

1905

(1) The state attorney may in all cases take action

1906

independent of the action or lack of action of the juvenile

1907

probation officer and shall determine the action that is in the

1908

best interest of the public and the child. If the child meets

1909

the criteria requiring prosecution as an adult under s. 985.556,

1910

the state attorney shall request the court to transfer and

1911

certify the child for prosecution as an adult or shall provide

1912

written reasons to the court for not making such a request. In

1913

all other cases, the state attorney may:

1914

(a) File a petition for dependency;

1915

(b) File a petition under chapter 984;

1916

1917

(d) File a petition for delinquency with a motion to

1918

transfer and certify the child for prosecution as an adult;

1919

(e) File an information under s. 985.557;

1920

(f) Refer the case to a grand jury;

1921

(g) Refer the child to a diversionary, pretrial

1922

intervention, arbitration, or mediation program, or to some

1923

other treatment or care program if such program commitment is

1924

voluntarily accepted by the child or the child's parents or

1925

legal guardian; or

1926

(h) Decline to file.

1927

(2) In cases in which a delinquency report, affidavit, or

1928

complaint is filed by a law enforcement agency and the state

1929

attorney determines not to file a petition, the state attorney

1930

shall advise the clerk of the circuit court in writing that no

1931

petition will be filed thereon.

1932

Section 26. Section 985.303, Florida Statutes, is

1933

renumbered as section 985.155, Florida Statutes.

1934

Section 27. Section 985.304, Florida Statutes, is

1935

renumbered as section 985.16, Florida Statutes, and subsection

1936

(3) of that section is amended to read:

1937

985.16 ~~985.304~~ Community arbitration.--

1938

(3) COMMUNITY ARBITRATORS.--The chief judge of each

1939

judicial circuit shall maintain a list of qualified persons who

1940

have agreed to serve as community arbitrators for the purpose of

1941

carrying out the provisions of this chapter ~~part~~. Community

1942

arbitrators shall meet the qualification and training

1943

requirements adopted in rule by the Supreme Court. Whenever

1944

possible, qualified volunteers shall be used as community

1945

arbitrators.

1946

(a) Each community arbitrator or member of a community

1947

arbitration panel shall be selected by the chief judge of the

1948

circuit, the senior circuit court judge assigned to juvenile

1949

cases in the circuit, and the state attorney. A community

1950

arbitrator or, in the case of a panel, the chief arbitrator

1951

shall have such powers as are necessary to conduct the

1952

proceedings in a fair and expeditious manner.

1953

(b) A community arbitrator or member of a community

1954

arbitration panel shall be trained or experienced in juvenile

1955

causes and shall be:

1956

1. Either a graduate of an accredited law school or of an

1957

accredited school with a degree in behavioral social work or

1958

trained in conflict resolution techniques; and

1959

2. A person of the temperament necessary to deal properly

1960

with cases involving children and with the family crises likely

1961

to be presented to him or her.

1962

Section 28. Subsections (1) through (4) and (5) through

1963

(8) of section 985.224, Florida Statutes, are renumbered,

1964

respectively, as subsections (1) through (4) and (6) through (9)

1965

of section 985.18, Florida Statutes, and paragraph (e) of

1966

subsection (10) of section 985.215, Florida Statutes, is

1967

renumbered as subsection (5) of section 985.18, Florida

1968

Statutes.

1969

Section 29. Subsections (1) and (2) of section 985.229,

1970

Florida Statutes, are renumbered as section 985.185, Florida

1971

Statutes, and amended to read:

1972

985.185 Evaluations for disposition.--

1973

(1) ~~Upon a finding that the child has committed a~~

1974

~~delinquent act, the court may order a predisposition report~~

1975

~~regarding the eligibility of the child for disposition other~~

1976

~~than by adjudication and commitment to the department or for~~

1977

~~disposition of adjudication, commitment to the department, and,~~

1978

~~if appropriate, assignment of a residential commitment level.~~

1979

~~The predisposition report shall be the result of the~~

1980

~~multidisciplinary assessment when such assessment is needed, and~~

1981

~~of the classification and placement process, and it shall~~

1982

~~indicate and report the child's priority needs, recommendations~~

1983

~~as to a classification of risk for the child in the context of~~

1984

~~his or her program and supervision needs, and a plan for~~

1985

~~treatment that recommends the most appropriate placement setting~~

1986

~~to meet the child's needs with the minimum program security that~~

1987

~~reasonably ensures public safety. A predisposition report shall~~

1988

~~be ordered for any child for whom a residential commitment~~

1989

~~disposition is anticipated or recommended by an officer of the~~

1990

~~court or by the department.~~ A comprehensive evaluation for

1991

physical health, mental health, substance abuse, academic,

1992

educational, or vocational problems shall be ordered for any

1993

child for whom a residential commitment disposition is

1994

anticipated or recommended by an officer of the court or by the

1995

department. ~~If a comprehensive evaluation is ordered, the~~

1996

~~predisposition report shall include a summary of the~~

1997

~~comprehensive evaluation. The predisposition report shall be~~

1998

~~submitted to the court upon completion of the report but no~~

1999

~~later than 48 hours prior to the disposition hearing. The~~

2000

~~predisposition report shall not be reviewed by the court without~~

2001

~~the consent of the child and his or her legal counsel until the~~

2002

~~child has been found to have committed a delinquent act.~~

2003

(2) ~~The court shall consider the child's entire assessment~~

2004

~~and predisposition report and shall review the records of~~

2005

~~earlier judicial proceedings~~ Prior to making a final disposition

2006

of the case,. the court may~~, by~~ order~~, require~~ additional

2007

evaluations and studies to be performed by the department, by

2008

the county school system, or by any social, psychological, or

2009

psychiatric agencies of the state. The court shall order the

2010

educational needs assessment completed under s. 985.18(2)

2011

~~pursuant to s. 985.224(2)~~ to be included in the assessment and

2012

predisposition report.

2013

Section 30. Sections 985.223 and 985.418, Florida

2014

Statutes, are renumbered, respectively, as sections 985.19 and

2015

985.195, Florida Statutes.

2016

Section 31. Subsections (1) and (4) of section 985.213,

2017

Florida Statutes, are renumbered as subsections (1) and (4) of

2018

section 985.24, Florida Statutes, and subsections (1) and (2) of

2019

section 985.214, Florida Statutes, are renumbered as subsections

2020

(2) and (3) of section 985.24, Florida Statutes, and amended to

2021

read:

2022

985.24 ~~985.213~~ Use of detention; prohibitions.--

2023

(1) All determinations and court orders regarding the use

2024

of secure, nonsecure, or home detention shall be based primarily

2025

upon findings that the child:

2026

(a) Presents a substantial risk of not appearing at a

2027

subsequent hearing;

2028

(b) Presents a substantial risk of inflicting bodily harm

2029

on others as evidenced by recent behavior;

2030

2031

prior to adjudication, disposition, or placement;

2032

(d) Has committed contempt of court by:

2033

1. Intentionally disrupting the administration of the

2034

court;

2035

2. Intentionally disobeying a court order; or

2036

3. Engaging in a punishable act or speech in the court's

2037

presence which shows disrespect for the authority and dignity of

2038

the court; or

2039

(e) Requests protection from imminent bodily harm.

2040

~~985.214 Prohibited uses of detention.--~~

2041

(2)~~(1)~~ A child alleged to have committed a delinquent act

2042

or violation of law may not be placed into secure, nonsecure, or

2043

home detention care for any of the following reasons:

2044

(a) To allow a parent to avoid his or her legal

2045

responsibility.

2046

(b) To permit more convenient administrative access to the

2047

child.

2048

2049

(d) Due to a lack of more appropriate facilities.

2050

(3)~~(2)~~ A child alleged to be dependent under ~~part II of~~

2051

chapter 39 may not, under any circumstances, be placed into

2052

secure detention care.

2053

(4) The department ~~of Juvenile Justice~~ shall continue to

2054

identify alternatives to secure detention care and shall develop

2055

such alternatives and annually submit them to the Legislature

2056

for authorization and appropriation.

2057

Section 32. Subsection (2) of section 985.213, Florida

2058

Statutes, is renumbered as section 985.245, Florida Statutes,

2059

and amended to read:

2060

985.245 Risk assessment instrument.--

2061

(1)~~(2)(a)~~ All determinations and court orders regarding

2062

placement of a child into detention care shall comply with all

2063

requirements and criteria provided in this part and shall be

2064

based on a risk assessment of the child, unless the child is

2065

placed into detention care as provided in s. 985.255(2)

2066

~~subparagraph (b)3~~.

2067

(2)(a)~~(b)1.~~ The risk assessment instrument for detention

2068

care placement determinations and orders shall be developed by

2069

the department ~~of Juvenile Justice~~ in agreement with

2070

representatives appointed by the following associations: the

2071

Conference of Circuit Judges of Florida, the Prosecuting

2072

Attorneys Association, the Public Defenders Association, the

2073

Florida Sheriffs Association, and the Florida Association of

2074

Chiefs of Police. Each association shall appoint two

2075

individuals, one representing an urban area and one representing

2076

a rural area. The parties involved shall evaluate and revise the

2077

risk assessment instrument as is considered necessary using the

2078

method for revision as agreed by the parties.

2079

(b) The risk assessment instrument shall take into

2080

consideration, but need not be limited to, prior history of

2081

failure to appear, prior offenses, offenses committed pending

2082

adjudication, any unlawful possession of a firearm, theft of a

2083

motor vehicle or possession of a stolen motor vehicle, and

2084

probation status at the time the child is taken into custody.

2085

The risk assessment instrument shall also take into

2086

consideration appropriate aggravating and mitigating

2087

circumstances, and shall be designed to target a narrower

2088

population of children than s. 985.255 ~~985.215(2)~~. The risk

2089

assessment instrument shall also include any information

2090

concerning the child's history of abuse and neglect. The risk

2091

assessment shall indicate whether detention care is warranted,

2092

and, if detention care is warranted, whether the child should be

2093

placed into secure, nonsecure, or home detention care.

2094

(3)2. If, at the detention hearing, the court finds a

2095

material error in the scoring of the risk assessment instrument,

2096

the court may amend the score to reflect factual accuracy.

2097

~~3. A child who is charged with committing an offense of~~

2098

~~domestic violence as defined in s. 741.28 and who does not meet~~

2099

~~detention criteria may be held in secure detention if the court~~

2100

~~makes specific written findings that:~~

2101

~~a. Respite care for the child is not available; and~~

2102

~~b. It is necessary to place the child in secure detention~~

2103

~~in order to protect the victim from injury.~~

2104

2105

~~The child may not be held in secure detention under this~~

2106

~~subparagraph for more than 48 hours unless ordered by the court.~~

2107

~~After 48 hours, the court shall hold a hearing if the state~~

2108

~~attorney or victim requests that secure detention be continued.~~

2109

~~The child may continue to be held in detention care if the court~~

2110

~~makes a specific, written finding that detention care is~~

2111

~~necessary to protect the victim from injury. However, the child~~

2112

~~may not be held in detention care beyond the time limits set~~

2113

~~forth in s. 985.215.~~

2114

(4)4. For a child who is under the supervision of the

2115

department through probation, home detention, nonsecure

2116

detention, conditional release, postcommitment probation, or

2117

commitment and who is charged with committing a new offense, the

2118

risk assessment instrument may be completed and scored based on

2119

the underlying charge for which the child was placed under the

2120

supervision of the department and the new offense.

2121

Section 33. Subsection (1) and paragraph (b) of subsection

2122

(5) of section 985.215, Florida Statutes, are renumbered as

2123

section 985.25, Florida Statutes, and amended to read:

2124

985.25 ~~985.215~~ Detention intake.--

2125

(1) The juvenile probation officer shall receive custody

2126

of a child who has been taken into custody from the law

2127

enforcement agency and shall review the facts in the law

2128

enforcement report or probable cause affidavit and make such

2129

further inquiry as may be necessary to determine whether

2130

detention care is required.

2131

(a) During the period of time from the taking of the child

2132

into custody to the date of the detention hearing, the initial

2133

decision as to the child's placement into secure detention care,

2134

nonsecure detention care, or home detention care shall be made

2135

by the juvenile probation officer under ss. 985.24 and

2136

985.245(1) ~~pursuant to ss. 985.213 and 985.214~~.

2137

(b) The juvenile probation officer shall base the decision

2138

whether or not to place the child into secure detention care,

2139

home detention care, or nonsecure detention care on an

2140

assessment of risk in accordance with the risk assessment

2141

instrument and procedures developed by the department of

2142

~~Juvenile Justice~~ under s. 985.245 ~~985.213~~. However, a child

2143

charged with possessing or discharging a firearm on school

2144

property in violation of s. 790.115 shall be placed in secure

2145

detention care.

2146

2147

child who is eligible for detention based upon the results of

2148

the risk assessment instrument should be released, the juvenile

2149

probation officer shall contact the state attorney, who may

2150

authorize release. If detention is not authorized, the child may

2151

be released by the juvenile probation officer in accordance with

2152

ss. 985.115 and 985.13 ~~s. 985.211~~.

2153

2154

Under no circumstances shall the juvenile probation officer or

2155

the state attorney or law enforcement officer authorize the

2156

detention of any child in a jail or other facility intended or

2157

used for the detention of adults, without an order of the court.

2158

(2)~~(5)~~

2159

~~(b)~~ The arresting law enforcement agency shall complete

2160

and present its investigation of an offense ~~under this~~

2161

~~subsection~~ to the appropriate state attorney's office within 8

2162

days after placement of the child in secure detention. The

2163

investigation shall include, but is not limited to, police

2164

reports and supplemental police reports, witness statements, and

2165

evidence collection documents. The failure of a law enforcement

2166

agency to complete and present its investigation within 8 days

2167

shall not entitle a juvenile to be released from secure

2168

detention or to a dismissal of any charges.

2169

Section 34. Subsection (2) of section 985.215, Florida

2170

Statutes, is renumbered as section 985.255, Florida Statutes,

2171

and amended to read:

2172

985.255 Detention criteria; detention hearing.--

2173

(1)~~(2)~~ Subject to s. 985.25(1) ~~the provisions of~~

2174

~~subsection (1)~~, a child taken into custody and placed into

2175

nonsecure or home detention care or detained in secure detention

2176

care prior to a detention hearing may continue to be detained by

2177

the court if:

2178

(a) The child is alleged to be an escapee from a

2179

residential commitment program, or an absconder from a

2180

nonresidential commitment program, a probation program, or

2181

conditional release supervision, or is alleged to have escaped

2182

while being lawfully transported to or from a residential

2183

commitment program.

2184

(b) The child is wanted in another jurisdiction for an

2185

offense which, if committed by an adult, would be a felony.

2186

2187

violation of law and requests in writing through legal counsel

2188

to be detained for protection from an imminent physical threat

2189

to his or her personal safety.

2190

(d) The child is charged with committing an offense of

2191

domestic violence as defined in s. 741.28 and is detained as

2192

provided in subsection (2) ~~s. 985.213(2)(b)3~~.

2193

(e) The child is charged with possession or discharging a

2194

firearm on school property in violation of s. 790.115.

2195

(f) The child is charged with a capital felony, a life

2196

felony, a felony of the first degree, a felony of the second

2197

degree that does not involve a violation of chapter 893, or a

2198

felony of the third degree that is also a crime of violence,

2199

including any such offense involving the use or possession of a

2200

firearm.

2201

(g) The child is charged with any second degree or third

2202

degree felony involving a violation of chapter 893 or any third

2203

degree felony that is not also a crime of violence, and the

2204

child:

2205

1. Has a record of failure to appear at court hearings

2206

after being properly notified in accordance with the Rules of

2207

Juvenile Procedure;

2208

2. Has a record of law violations prior to court hearings;

2209

3. Has already been detained or has been released and is

2210

awaiting final disposition of the case;

2211

4. Has a record of violent conduct resulting in physical

2212

injury to others; or

2213

5. Is found to have been in possession of a firearm.

2214

(h) The child is alleged to have violated the conditions

2215

of the child's probation or conditional release supervision.

2216

However, a child detained under this paragraph may be held only

2217

in a consequence unit as provided in 985.439 s.

2218

~~985.231(1)(a)1.c~~. If a consequence unit is not available, the

2219

child shall be placed on home detention with electronic

2220

monitoring.

2221

(i) The child is detained on a judicial order for failure

2222

to appear and has previously willfully failed to appear, after

2223

proper notice, for an adjudicatory hearing on the same case

2224

regardless of the results of the risk assessment instrument. A

2225

child may be held in secure detention for up to 72 hours in

2226

advance of the next scheduled court hearing pursuant to this

2227

paragraph. The child's failure to keep the clerk of court and

2228

defense counsel informed of a current and valid mailing address

2229

where the child will receive notice to appear at court

2230

proceedings does not provide an adequate ground for excusal of

2231

the child's nonappearance at the hearings.

2232

(j) The child is detained on a judicial order for failure

2233

to appear and has previously willfully failed to appear, after

2234

proper notice, at two or more court hearings of any nature on

2235

the same case regardless of the results of the risk assessment

2236

instrument. A child may be held in secure detention for up to 72

2237

hours in advance of the next scheduled court hearing pursuant to

2238

this paragraph. The child's failure to keep the clerk of court

2239

and defense counsel informed of a current and valid mailing

2240

address where the child will receive notice to appear at court

2241

proceedings does not provide an adequate ground for excusal of

2242

the child's nonappearance at the hearings.

2243

(2) A child who is charged with committing an offense of

2244

domestic violence as defined in s. 741.28 and who does not meet

2245

detention criteria may be held in secure detention if the court

2246

makes specific written findings that:

2247

(a) Respite care for the child is not available.

2248

(b) It is necessary to place the child in secure detention

2249

in order to protect the victim from injury.

2250

2251

The child may not be held in secure detention under this

2252

subsection for more than 48 hours unless ordered by the court.

2253

After 48 hours, the court shall hold a hearing if the state

2254

attorney or victim requests that secure detention be continued.

2255

The child may continue to be held in detention care if the court

2256

makes a specific, written finding that detention care is

2257

necessary to protect the victim from injury. However, the child

2258

may not be held in detention care beyond the time limits set

2259

forth in this section or s. 985.26.

2260

(3)(a) A child who meets any of the ~~these~~ criteria in

2261

subsection (1) and who is ordered to be detained under that

2262

~~pursuant to this~~ subsection shall be given a hearing within 24

2263

hours after being taken into custody. The purpose of the

2264

detention hearing is to determine the existence of probable

2265

cause that the child has committed the delinquent act or

2266

violation of law that ~~with which~~ he or she is charged with and

2267

the need for continued detention. Unless a child is detained

2268

under paragraph (1)(d) or paragraph (1)(e), the court shall use

2269

~~utilize~~ the results of the risk assessment performed by the

2270

juvenile probation officer and, based on the criteria in ~~this~~

2271

subsection (1), shall determine the need for continued

2272

detention. A child placed into secure, nonsecure, or home

2273

detention care may continue to be so detained by the court

2274

~~pursuant to this subsection~~.

2275

(b) If the court orders a placement more restrictive than

2276

indicated by the results of the risk assessment instrument, the

2277

court shall state, in writing, clear and convincing reasons for

2278

such placement.

2279

2280

~~subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or~~

2281

~~paragraph (10)(d)~~, when a child is placed into secure or

2282

nonsecure detention care, or into a respite home or other

2283

placement pursuant to a court order following a hearing, the

2284

court order must include specific instructions that direct the

2285

release of the child from such placement no later than 5 p.m. on

2286

the last day of the detention period specified in s. 985.26 or

2287

s. 985.27 ~~paragraph (5)(b) or paragraph (5)(c), or subparagraph~~

2288

~~(10)(a)1.~~, whichever is applicable, unless the requirements of

2289

such applicable provision have been met or an order of

2290

continuance has been granted under s. 985.26(4) ~~pursuant to~~

2291

~~paragraph (5)(f)~~.

2292

Section 35. Paragraphs (c) and (g) of subsection (5) of

2293

section 985.215, Florida Statutes, are renumbered as subsection

2294

(2) of section 985.26, Florida Statutes, paragraphs (a), (d),

2295

(e), and (f) of subsection (5) of section 985.215, Florida

2296

Statutes, are renumbered, respectively, as subsections (1), (3),

2297

(5), and (4) of section 985.26, Florida Statutes, and subsection

2298

(7) of section 985.215, Florida Statutes, is renumbered as

2299

subsection (6) of section 985.26, Florida Statutes, and amended

2300

to read:

2301

985.26 Length of detention.--

2302

(1)~~(5)(a)~~ A child may not be placed into or held in

2303

secure, nonsecure, or home detention care for longer than 24

2304

hours unless the court orders such detention care, and the order

2305

includes specific instructions that direct the release of the

2306

child from such detention care, in accordance with 985.255

2307

~~subsection (2)~~. The order shall be a final order, reviewable by

2308

appeal under ~~pursuant to~~ s. 985.534 ~~985.234~~ and the Florida

2309

Rules of Appellate Procedure. Appeals of such orders shall take

2310

precedence over other appeals and other pending matters.

2311

(2)~~(c)~~ ~~Except as provided in paragraph (g),~~ A child may

2312

not be held in secure, nonsecure, or home detention care under a

2313

special detention order for more than 21 days unless an

2314

adjudicatory hearing for the case has been commenced in good

2315

faith by the court. However, upon good cause being shown that

2316

the nature of the charge requires additional time for the

2317

prosecution or defense of the case, the court may extend the

2318

length of detention for an additional 9 days if the child is

2319

charged with an offense that would be, if committed by an adult,

2320

a capital felony, a life felony, a felony of the first degree,

2321

or a felony of the second degree involving violence against any

2322

individual.

2323

(3)~~(d)~~ Except as provided in subsection (2) ~~paragraph (g)~~,

2324

a child may not be held in secure, nonsecure, or home detention

2325

care for more than 15 days following the entry of an order of

2326

adjudication.

2327

(4)~~(f)~~ The time limits in subsections (2) and (3)

2328

~~paragraphs (c) and (d)~~ do not include periods of delay resulting

2329

from a continuance granted by the court for cause on motion of

2330

the child or his or her counsel or of the state. Upon the

2331

issuance of an order granting a continuance for cause on a

2332

motion by either the child, the child's counsel, or the state,

2333

the court shall conduct a hearing at the end of each 72-hour

2334

period, excluding Saturdays, Sundays, and legal holidays, to

2335

determine the need for continued detention of the child and the

2336

need for further continuance of proceedings for the child or the

2337

state.

2338

(5)~~(e)~~ A child who was not in secure detention at the time

2339

of the adjudicatory hearing, but for whom residential commitment

2340

is anticipated or recommended, may be placed under a special

2341

detention order for a period not to exceed 72 hours, excluding

2342

weekends and legal holidays, for the purpose of conducting a

2343

comprehensive evaluation as provided in s. 985.185 ~~985.229(1)~~.

2344

Motions for the issuance of such special detention order may be

2345

made subsequent to a finding of delinquency. Upon said motion,

2346

the court shall conduct a hearing to determine the

2347

appropriateness of such special detention order and shall order

2348

the least restrictive level of detention necessary to complete

2349

the comprehensive evaluation process that is consistent with

2350

public safety. Such special detention order may be extended for

2351

an additional 72 hours upon further order of the court.

2352

~~(g) Upon good cause being shown that the nature of the~~

2353

~~charge requires additional time for the prosecution or defense~~

2354

~~of the case, the court may extend the time limits for detention~~

2355

~~specified in paragraph (c) an additional 9 days if the child is~~

2356

~~charged with an offense that would be, if committed by an adult,~~

2357

~~a capital felony, a life felony, a felony of the first degree,~~

2358

~~or a felony of the second degree involving violence against any~~

2359

~~individual.~~

2360

(6)~~(7)~~ If a child is detained and a petition for

2361

delinquency is filed, the child shall be arraigned in accordance

2362

with the Florida Rules of Juvenile Procedure within 48 hours

2363

after the filing of the petition for delinquency.

2364

Section 36. Subsections (4), (8), (9), and (11) of section

2365

985.215, Florida Statutes, are renumbered, respectively, as

2366

subsections (5), (1), (2), and (3) of section 985.265, Florida

2367

Statutes, and subsection (3) of section 985.213, Florida

2368

Statutes, is renumbered as subsection (4) of section 985.265,

2369

Florida Statutes, and amended to read:

2370

985.265 Detention transfer and release; education; adult

2371

jails.--

2372

(1)~~(8)~~ If a child is detained under ~~pursuant to~~ this part

2373

~~section~~, the department ~~of Juvenile Justice~~ may transfer the

2374

child from nonsecure or home detention care to secure detention

2375

care only if significantly changed circumstances warrant such

2376

transfer.

2377

(2)~~(9)~~ If a child is on release status and not detained

2378

under ~~pursuant to~~ this part ~~section~~, the child may be placed

2379

into secure, nonsecure, or home detention care only pursuant to

2380

a court hearing in which the original risk assessment

2381

instrument, rescored based on newly discovered evidence or

2382

changed circumstances with the results recommending detention,

2383

is introduced into evidence.

2384

(3)~~(11)~~(a) When a juvenile sexual offender is placed in

2385

detention, detention staff shall provide appropriate monitoring

2386

and supervision to ensure the safety of other children in the

2387

facility.

2388

(b) When a juvenile sexual offender, under ~~pursuant to~~

2389

this subsection, is released from detention or transferred to

2390

home detention or nonsecure detention, detention staff shall

2391

immediately notify the appropriate law enforcement agency and

2392

school personnel.

2393

(4)~~(3)~~(a) While a child who is currently enrolled in

2394

school is in nonsecure or home detention care, the child shall

2395

continue to attend school unless otherwise ordered by the court.

2396

(b) While a child is in secure detention care, the child

2397

shall receive education commensurate with his or her grade level

2398

and educational ability.

2399

(5)~~(4)~~ The court shall order the delivery of a child to a

2400

jail or other facility intended or used for the detention of

2401

adults:

2402

(a) When the child has been transferred or indicted for

2403

criminal prosecution as an adult under ~~pursuant to this~~ part X,

2404

except that the court may not order or allow a child alleged to

2405

have committed a misdemeanor who is being transferred for

2406

criminal prosecution pursuant to either s. 985.556 ~~985.226~~ or s.

2407

985.557 ~~985.227~~ to be detained or held in a jail or other

2408

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

2409

such child may be held temporarily in a detention facility; or

2410

(b) When a child taken into custody in this state is

2411

wanted by another jurisdiction for prosecution as an adult.

2412

2413

The child shall be housed separately from adult inmates to

2414

prohibit a child from having regular contact with incarcerated

2415

adults, including trustees. "Regular contact" means sight and

2416

sound contact. Separation of children from adults shall permit

2417

no more than haphazard or accidental contact. The receiving jail

2418

or other facility shall contain a separate section for children

2419

and shall have an adequate staff to supervise and monitor the

2420

child's activities at all times. Supervision and monitoring of

2421

children includes physical observation and documented checks by

2422

jail or receiving facility supervisory personnel at intervals

2423

not to exceed 15 minutes. This subsection ~~paragraph~~ does not

2424

prohibit placing two or more children in the same cell. Under no

2425

circumstances shall a child be placed in the same cell with an

2426

adult.

2427

Section 37. Paragraphs (a) through (d) and paragraph (f)

2428

of subsection (10) of section 985.215, Florida Statutes, are

2429

renumbered as section 985.27, Florida Statutes, and amended to

2430

read:

2431

985.27 Postcommitment detention while awaiting

2432

placement.--

2433

(1)~~(a)1. When a child is committed to the Department of~~

2434

~~Juvenile Justice awaiting dispositional placement, removal of~~

2435

~~the child from detention care shall occur within 5 days,~~

2436

~~excluding Saturdays, Sundays, and legal holidays. Any child held~~

2437

~~in secure detention during the 5 days must meet detention~~

2438

~~admission criteria pursuant to this section. If the child is~~

2439

~~committed to a moderate-risk residential program, the department~~

2440

~~may seek an order from the court authorizing continued detention~~

2441

~~for a specific period of time necessary for the appropriate~~

2442

~~residential placement of the child. However, such continued~~

2443

~~detention in secure detention care may not exceed 15 days after~~

2444

~~commitment, excluding Saturdays, Sundays, and legal holidays,~~

2445

~~and except as otherwise provided in this subsection.~~

2446

2. The court must place all children who are adjudicated

2447

and awaiting placement in a commitment program in detention

2448

care. Children who are in home detention care or nonsecure

2449

detention care may be placed on electronic monitoring.

2450

(a) A child who is awaiting placement in a low-risk

2451

residential program must be removed from detention within 5

2452

days, excluding Saturdays, Sundays, and legal holidays. Any

2453

child held in secure detention during the 5 days must meet

2454

detention admission criteria under this part.

2455

~~(b)~~ A child who is placed in home detention care,

2456

nonsecure detention care, or home or nonsecure detention care

2457

with electronic monitoring, while awaiting placement in a

2458

minimum-risk or, low-risk~~, or moderate-risk~~ program, may be held

2459

in secure detention care for 5 days, if the child violates the

2460

conditions of the home detention care, the nonsecure detention

2461

care, or the electronic monitoring agreement. For any subsequent

2462

violation, the court may impose an additional 5 days in secure

2463

detention care.

2464

(b) A child who is awaiting placement in a moderate-risk

2465

residential program must be removed from detention within 5

2466

days, excluding Saturdays, Sundays, and legal holidays. Any

2467

child held in secure detention during the 5 days must meet

2468

detention admission criteria under this part. The department may

2469

seek an order from the court authorizing continued detention for

2470

a specific period of time necessary for the appropriate

2471

residential placement of the child. However, such continued

2472

detention in secure detention care may not exceed 15 days after

2473

entry of the commitment order, excluding Saturdays, Sundays, and

2474

legal holidays, and except as otherwise provided in this

2475

section. A child who is placed in home detention care, nonsecure

2476

detention care, or home or nonsecure detention care with

2477

electronic monitoring, while awaiting placement in a moderate-

2478

risk program, may be held in secure detention care for 5 days,

2479

if the child violates the conditions of the home detention care,

2480

the nonsecure detention care, or the electronic monitoring

2481

agreement. For any subsequent violation, the court may impose an

2482

additional 5 days in secure detention care.

2483

2484

program, the child must be held in detention care until

2485

placement or commitment is accomplished.

2486

(d) If the child is committed to a maximum-risk

2487

residential program, the child must be held in detention care

2488

until placement or commitment is accomplished.

2489

(2)~~(f)~~ Regardless of detention status, a child being

2490

transported by the department to a residential commitment

2491

facility of the department may be placed in secure detention

2492

overnight, not to exceed a 24-hour period, for the specific

2493

purpose of ensuring the safe delivery of the child to his or her

2494

residential commitment program, court, appointment, transfer, or

2495

release.

2496

Section 38. Section 985.208, Florida Statutes, is

2497

renumbered as section 985.275, Florida Statutes, and amended to

2498

read:

2499

985.275 ~~985.208~~ Detention of escapee or absconder on

2500

authority of the department.--

2501

(1) If an authorized agent of the department has

2502

reasonable grounds to believe that any delinquent child

2503

committed to the department has escaped from a residential

2504

commitment facility or from being lawfully transported thereto

2505

or therefrom, or has absconded from a nonresidential commitment

2506

facility, the agent may take the child into active custody and

2507

may deliver the child to the facility or, if it is closer, to a

2508

detention center for return to the facility. However, a child

2509

may not be held in detention longer than 24 hours, excluding

2510

Saturdays, Sundays, and legal holidays, unless a special order

2511

so directing is made by the judge after a detention hearing

2512

resulting in a finding that detention is required based on the

2513

criteria in s. 985.255 ~~985.215(2)~~. The order shall state the

2514

reasons for such finding. The reasons shall be reviewable by

2515

appeal or in habeas corpus proceedings in the district court of

2516

appeal.

2517

(2) Any sheriff or other law enforcement officer, upon the

2518

request of the secretary of the department or duly authorized

2519

agent, shall take a child who has escaped from a residential

2520

commitment facility or from being lawfully transported thereto

2521

or therefrom, or has absconded from a nonresidential commitment

2522

facility, into custody and deliver the child to the appropriate

2523

juvenile probation officer.

2524

Section 39. Section 985.218, Florida Statutes, is

2525

renumbered as section 985.318, Florida Statutes.

2526

Section 40. Subsections (1) through (7) and (9) through

2527

(12) of section 985.219, Florida Statutes, are renumbered as

2528

subsections (1) through (11) of section 985.319, Florida

2529

Statutes, and subsection (6) of that section is amended to read:

2530

985.319 ~~985.219~~ Process and service.--

2531

(6) If the petition alleges that the child has committed a

2532

delinquent act or violation of law and the judge deems it

2533

advisable to do so, under ~~pursuant to~~ the criteria of s. 985.255

2534

~~s. 985.215~~, the judge may, by endorsement upon the summons and

2535

after the entry of an order in which valid reasons are

2536

specified, order the child to be taken into custody immediately,

2537

and in such case the person serving the summons shall

2538

immediately take the child into custody.

2539

Section 41. Section 985.22, Florida Statutes, is

2540

renumbered as section 985.325, Florida Statutes, and amended to

2541

read:

2542

985.325 ~~985.22~~ Threatening or dismissing an employee

2543

prohibited.--

2544

(1) An employer, or the employer's agent, may not dismiss

2545

from employment an employee who is summoned to appear before the

2546

court under s. 985.319 ~~985.219~~ solely because of the nature of

2547

the summons or because the employee complies with the summons.

2548

(2) If an employer, or the employer's agent, threatens an

2549

employee with dismissal, or dismisses an employee, who is

2550

summoned to appear under s. 985.319 ~~985.219~~, the court may hold

2551

the employer in contempt.

2552

Section 42. Sections 985.221, 985.222, and 985.306,

2553

Florida Statutes, are renumbered, respectively, as sections

2554

985.331, 985.335, and 985.345, Florida Statutes.

2555

Section 43. Section 985.228, Florida Statutes, is

2556

renumbered as section 985.35, Florida Statutes, and amended to

2557

read:

2558

985.35 ~~985.228~~ Adjudicatory hearings; withheld

2559

adjudications; orders of adjudication.--

2560

(1) The adjudicatory hearing must be held as soon as

2561

practicable after the petition alleging that a child has

2562

committed a delinquent act or violation of law is filed and in

2563

accordance with the Florida Rules of Juvenile Procedure; but

2564

reasonable delay for the purpose of investigation, discovery, or

2565

procuring counsel or witnesses shall be granted. If the child is

2566

being detained, the time limitations ~~provided for~~ in s.

2567

985.26(2) and (3) ~~985.215(5)(c) and (d)~~ apply.

2568

(2) Adjudicatory hearings shall be conducted without a

2569

jury by the court, applying in delinquency cases the rules of

2570

evidence in use in criminal cases; adjourning the hearings from

2571

time to time as necessary; and conducting a fundamentally fair

2572

hearing in language understandable, to the fullest extent

2573

practicable, to the child before the court.

2574

(a) In a hearing on a petition alleging that a child has

2575

committed a delinquent act or violation of law, the evidence

2576

must establish the findings beyond a reasonable doubt.

2577

(b) The child is entitled to the opportunity to introduce

2578

evidence and otherwise be heard in the child's own behalf and to

2579

cross-examine witnesses.

2580

2581

law must be afforded all rights against self-incrimination.

2582

Evidence illegally seized or obtained may not be received to

2583

establish the allegations against the child.

2584

(3) If the court finds that the child named in a petition

2585

has not committed a delinquent act or violation of law, it shall

2586

enter an order so finding and dismissing the case.

2587

(4) If the court finds that the child named in the

2588

petition has committed a delinquent act or violation of law, it

2589

may, in its discretion, enter an order stating the facts upon

2590

which its finding is based but withholding adjudication of

2591

delinquency.

2592

(a) Upon withholding adjudication of delinquency, the

2593

court may place ~~and placing~~ the child in a probation program

2594

under the supervision of the department or under the supervision

2595

of any other person or agency specifically authorized and

2596

appointed by the court. The court may, as a condition of the

2597

program, impose as a penalty component restitution in money or

2598

in kind, community service, a curfew, urine monitoring,

2599

revocation or suspension of the driver's license of the child,

2600

or other nonresidential punishment appropriate to the offense,

2601

and may impose as a rehabilitative component a requirement of

2602

participation in substance abuse treatment, or school or other

2603

educational program attendance.

2604

(b) If the child is attending public school and the court

2605

finds that the victim or a sibling of the victim in the case was

2606

assigned to attend or is eligible to attend the same school as

2607

the child, the court order shall include a finding pursuant to

2608

the proceedings described in s. 985.455, regardless of whether

2609

adjudication is withheld ~~985.23(1)(d)~~.

2610

2611

complied with the rules, restrictions, or conditions of the

2612

community-based program, the court may, after a hearing to

2613

establish the lack of compliance, but without further evidence

2614

of the state of delinquency, enter an adjudication of

2615

delinquency and shall thereafter have full authority under this

2616

chapter to deal with the child as adjudicated.

2617

(5) If the court finds that the child named in a petition

2618

has committed a delinquent act or violation of law, but elects

2619

not to proceed under subsection (4), it shall incorporate that

2620

finding in an order of adjudication of delinquency entered in

2621

the case, briefly stating the facts upon which the finding is

2622

made, and the court shall thereafter have full authority under

2623

this chapter to deal with the child as adjudicated.

2624

(6) Except as the term "conviction" is used in chapter

2625

322, and except for use in a subsequent proceeding under this

2626

chapter, an adjudication of delinquency by a court with respect

2627

to any child who has committed a delinquent act or violation of

2628

law shall not be deemed a conviction; nor shall the child be

2629

deemed to have been found guilty or to be a criminal by reason

2630

of that adjudication; nor shall that adjudication operate to

2631

impose upon the child any of the civil disabilities ordinarily

2632

imposed by or resulting from conviction or to disqualify or

2633

prejudice the child in any civil service application or

2634

appointment, with the exception of the use of records of

2635

proceedings under this chapter ~~part~~ as provided in s. 985.045(4)

2636

~~s. 985.05(4)~~.

2637

(7) Notwithstanding any other provision of law, an

2638

adjudication of delinquency for an offense classified as a

2639

felony shall disqualify a person from lawfully possessing a

2640

firearm until such person reaches 24 years of age.

2641

Section 44. Subsection (3) of section 985.229, Florida

2642

Statutes, is renumbered as subsection (3) of section 985.43,

2643

Florida Statutes, and section 985.43, Florida Statutes, is

2644

created to read:

2645

985.43 Predisposition reports; other evaluations.--

2646

(1) Upon a finding that the child has committed a

2647

delinquent act:

2648

(a) The court may order the department to prepare a

2649

predisposition report regarding the child's eligibility for

2650

disposition other than by adjudication and commitment to the

2651

department or for disposition of adjudication, commitment to the

2652

department, and, if appropriate, assignment of a residential

2653

commitment level. The predisposition report shall be the result

2654

of the multidisciplinary assessment, when such assessment is

2655

needed, and of the classification and placement process, and it

2656

shall indicate and report the child's priority needs,

2657

recommendations as to a classification of risk for the child in

2658

the context of his or her program and supervision needs, and a

2659

plan for treatment that recommends the most appropriate

2660

placement setting to meet the child's needs with the minimum

2661

program security that reasonably ensures public safety. A

2662

predisposition report shall be ordered for any child for whom a

2663

residential commitment disposition is anticipated or recommended

2664

by an officer of the court or by the department.

2665

(b) A comprehensive evaluation for physical health; mental

2666

health; substance abuse; or academic, educational, or vocational

2667

problems shall be ordered for any child for whom a residential

2668

commitment disposition is anticipated or recommended by an

2669

officer of the court or by the department. If a comprehensive

2670

evaluation is ordered, the predisposition report shall include a

2671

summary of the comprehensive evaluation.

2672

2673

the adjudicatory hearing, but for whom residential commitment is

2674

anticipated or recommended, may be placed under a special

2675

detention order, as provided in s. 985.26(5), for the purpose of

2676

conducting a comprehensive evaluation.

2677

(2) The court shall consider the child's entire assessment

2678

and predisposition report and shall review the records of

2679

earlier judicial proceedings prior to making a final disposition

2680

of the case. The court may, by order, require additional

2681

evaluations and studies to be performed by the department, the

2682

county school system, or any social, psychological, or

2683

psychiatric agency of the state. The court shall order the

2684

educational needs assessment completed under s. 985.18(2) to be

2685

included in the assessment and predisposition report.

2686

(3) The predisposition report, together with all other

2687

reports and evaluations used by the department in preparing the

2688

predisposition report, shall be made available to the child, the

2689

child's parents or legal guardian, the child's legal counsel,

2690

and the state attorney upon completion of the report and at a

2691

reasonable time prior to the disposition hearing. The

2692

predisposition report shall be submitted to the court upon

2693

completion of the report but no later than 48 hours prior to the

2694

disposition hearing. The predisposition report shall not be

2695

reviewed by the court without the consent of the child and his

2696

or her legal counsel until the child has been found to have

2697

committed a delinquent act.

2698

Section 45. Section 985.23, Florida Statutes, is

2699

renumbered as section 985.433, Florida Statutes, and amended to

2700

read:

2701

985.433 ~~985.23~~ Disposition hearings in delinquency

2702

cases.--When a child has been found to have committed a

2703

delinquent act, the following procedures shall be applicable to

2704

the disposition of the case:

2705

(1)~~(7)~~ The court shall notify any victim of the offense,

2706

if such person is known and within the jurisdiction of the

2707

court, of the hearing.

2708

(2) The court ~~and~~ shall notify and summon or subpoena, if

2709

necessary, the parents, legal custodians, or guardians of the

2710

child to attend the disposition hearing if they reside in the

2711

state.

2712

2713

~~It is the intent of the Legislature that the criteria set forth~~

2714

~~in subsection (2) are general guidelines to be followed at the~~

2715

~~discretion of the court and not mandatory requirements of~~

2716

~~procedure. It is not the intent of the Legislature to provide~~

2717

~~for the appeal of the disposition made pursuant to this section.~~

2718

(3)~~(6)~~ The court may receive and consider any other

2719

relevant and material evidence, including other written or oral

2720

reports or statements, in its effort to determine the

2721

appropriate disposition to be made with regard to the child. The

2722

court may rely upon such evidence to the extent of its probative

2723

value, even though such evidence may not be technically

2724

competent in an adjudicatory hearing.

2725

(4)~~(1)~~ Before the court determines and announces the

2726

disposition to be imposed, it shall:

2727

(a) State clearly, using common terminology, the purpose

2728

of the hearing and the right of persons present as parties to

2729

comment at the appropriate time on the issues before the court.;

2730

(b) Discuss with the child his or her compliance with any

2731

home release plan or other plan imposed since the date of the

2732

offense.;

2733

2734

offense committed, the harm caused to the victim or others, and

2735

what penalty he or she should be required to pay for such

2736

transgression.~~; and~~

2737

(d) Give all parties, as well as the victim or a

2738

representative of the victim, representatives of the school

2739

system, and the law enforcement officers involved in the case

2740

who are present at the hearing an opportunity to comment on the

2741

issue of disposition and any proposed rehabilitative plan.

2742

Parties to the case shall include the parents, legal custodians,

2743

or guardians of the child; the child's counsel; the state

2744

attorney; and representatives of the department~~; the victim if~~

2745

~~any, or his or her representative; representatives of the school~~

2746

~~system; and the law enforcement officers involved in the case.~~

2747

~~If the child is attending or is eligible to attend public school~~

2748

~~and the court finds that the victim or a sibling of the victim~~

2749

~~in the case is attending or may attend the same school as the~~

2750

~~child, the court shall, on its own motion or upon the request of~~

2751

~~any party or any parent or legal guardian of the victim,~~

2752

~~determine whether it is appropriate to enter a no contact order~~

2753

~~in favor of the victim or a sibling of the victim. If~~

2754

~~appropriate and acceptable to the victim and the victim's parent~~

2755

~~or parents or legal guardian, the court may reflect in the~~

2756

~~written disposition order that the victim or the victim's parent~~

2757

~~stated in writing or in open court that he or she did not object~~

2758

~~to the offender being permitted to attend the same school or~~

2759

~~ride on the same school bus as the victim or a sibling of the~~

2760

~~victim~~.

2761

(5) At the time of disposition, the court may make

2762

recommendations to the department as to specific treatment

2763

approaches to be employed.

2764

(6)~~(2)~~ The first determination to be made by the court is

2765

a determination of the suitability or nonsuitability for

2766

adjudication and commitment of the child to the department. This

2767

determination shall include consideration of the recommendations

2768

of the department, which may include a predisposition report.

2769

The predisposition report shall include, whether as part of the

2770

child's multidisciplinary assessment, classification, and

2771

placement process components or separately, evaluation of the

2772

following criteria:

2773

(a) The seriousness of the offense to the community. If

2774

the court determines under chapter 874 that the child was a

2775

member of a criminal street gang at the time of the commission

2776

of the offense~~, which determination shall be made pursuant to~~

2777

~~chapter 874~~, the seriousness of the offense to the community

2778

shall be given great weight.

2779

(b) Whether the protection of the community requires

2780

adjudication and commitment to the department.

2781

2782

violent, premeditated, or willful manner.

2783

(d) Whether the offense was against persons or against

2784

property, greater weight being given to offenses against

2785

persons, especially if personal injury resulted.

2786

(e) The sophistication and maturity of the child.

2787

(f) The record and previous criminal history of the child,

2788

including without limitations:

2789

1. Previous contacts with the department, the former

2790

Department of Health and Rehabilitative Services, the Department

2791

of Children and Family Services, the Department of Corrections,

2792

other law enforcement agencies, and courts.;

2793

2. Prior periods of probation.;

2794

3. Prior adjudications of delinquency.~~; and~~

2795

4. Prior commitments to institutions.

2796

(g) The prospects for adequate protection of the public

2797

and the likelihood of reasonable rehabilitation of the child if

2798

committed to a community services program or facility.

2799

(h) The child's educational status, including, but not

2800

limited to, the child's strengths, abilities, and unmet and

2801

special educational needs. The report shall identify appropriate

2802

educational and vocational goals for the child. Examples of

2803

appropriate goals include:

2804

1. Attainment of a high school diploma or its equivalent.

2805

2. Successful completion of literacy course(s).

2806

3. Successful completion of vocational course(s).

2807

4. Successful attendance and completion of the child's

2808

current grade if enrolled in school.

2809

5. Enrollment in an apprenticeship or a similar program.

2810

2811

It is the intent of the Legislature that the criteria set forth

2812

in this subsection are general guidelines to be followed at the

2813

discretion of the court and not mandatory requirements of

2814

procedure. It is not the intent of the Legislature to provide

2815

for the appeal of the disposition made under this section. At

2816

~~the time of disposition, the court may make recommendations to~~

2817

~~the department as to specific treatment approaches to be~~

2818

~~employed.~~

2819

(7)~~(3)(a)~~ If the court determines that the child should be

2820

adjudicated as having committed a delinquent act and should be

2821

committed to the department, such determination shall be in

2822

writing or on the record of the hearing. The determination shall

2823

include a specific finding of the reasons for the decision to

2824

adjudicate and to commit the child to the department, including

2825

any determination that the child was a member of a criminal

2826

street gang.

2827

(a)~~(b)~~ ~~If the court determines that commitment to the~~

2828

~~department is appropriate,~~ The juvenile probation officer shall

2829

recommend to the court the most appropriate placement and

2830

treatment plan, specifically identifying the restrictiveness

2831

level most appropriate for the child. If the court has

2832

determined that the child was a member of a criminal street

2833

gang, that determination shall be given great weight in

2834

identifying the most appropriate restrictiveness level for the

2835

child. The court shall consider the department's recommendation

2836

in making its commitment decision.

2837

(b)~~(c)~~ The court shall commit the child to the department

2838

at the restrictiveness level identified or may order placement

2839

at a different restrictiveness level. The court shall state for

2840

the record the reasons that ~~which~~ establish by a preponderance

2841

of the evidence why the court is disregarding the assessment of

2842

the child and the restrictiveness level recommended by the

2843

department. Any party may appeal the court's findings resulting

2844

in a modified level of restrictiveness under ~~pursuant to~~ this

2845

paragraph.

2846

(c)~~(d)~~ The court may also require that the child be placed

2847

in a probation program following the child's discharge from

2848

commitment. Community-based sanctions under ~~pursuant to~~

2849

subsection (8)~~(4)~~ may be imposed by the court at the disposition

2850

hearing or at any time prior to the child's release from

2851

commitment.

2852

~~(e) The court shall be responsible for the fingerprinting~~

2853

~~of any child at the disposition hearing if the child has been~~

2854

~~adjudicated or had adjudication withheld for any felony in the~~

2855

~~case currently before the court.~~

2856

(8)~~(4)~~ If the court determines not to adjudicate and

2857

commit to the department, then the court shall determine what

2858

community-based sanctions it will impose in a probation program

2859

for the child. Community-based sanctions may include, but are

2860

not limited to, participation in substance abuse treatment, a

2861

day-treatment probation program, restitution in money or in

2862

kind, a curfew, revocation or suspension of the driver's license

2863

of the child, community service, and appropriate educational

2864

programs as determined by the district school board.

2865

(9)~~(5)~~ After appropriate sanctions for the offense are

2866

determined, the court shall develop, approve, and order a plan

2867

of probation that ~~which~~ will contain rules, requirements,

2868

conditions, and rehabilitative programs, including the option of

2869

a day-treatment probation program, that ~~which~~ are designed to

2870

encourage responsible and acceptable behavior and to promote

2871

both the rehabilitation of the child and the protection of the

2872

community.

2873

(10) Any disposition order shall be in writing as prepared

2874

by the clerk of court and may thereafter be modified or set

2875

aside by the court.

2876

Section 46. Paragraph (a) of subsection (1) of section

2877

985.231, Florida Statutes, is renumbered as section 985.435,

2878

Florida Statutes, and amended to read:

2879

985.435 Probation and postcommitment probation; community

2880

service.--

2881

(1)~~(a)~~ The court that has jurisdiction over of an

2882

adjudicated delinquent child may, by an order stating the facts

2883

upon which a determination of a sanction and rehabilitative

2884

program was made at the disposition hearing,:

2885

1. place the child in a probation program or a

2886

postcommitment probation program. Such placement must be under

2887

the supervision of an authorized agent of the department or of

2888

any other person or agency specifically authorized and appointed

2889

by the court, whether in the child's own home, in the home of a

2890

relative of the child, or in some other suitable place under

2891

such reasonable conditions as the court may direct.

2892

(2) A probation program for an adjudicated delinquent

2893

child must include a penalty component such as:

2894

(a) Restitution in money or in kind;,

2895

(b) Community service;,

2896

2897

(d) Revocation or suspension of the driver's license of

2898

the child;, or

2899

(e) Other nonresidential punishment appropriate to the

2900

offense.

2901

(3) A probation program ~~and~~ must also include a

2902

rehabilitative program component such as a requirement of

2903

participation in substance abuse treatment or in school or other

2904

educational program. The nonconsent of the child to treatment in

2905

a substance abuse treatment program in no way precludes the

2906

court from ordering such treatment ~~If the child is attending or~~

2907

~~is eligible to attend public school and the court finds that the~~

2908

~~victim or a sibling of the victim in the case is attending or~~

2909

~~may attend the same school as the child, the court placement~~

2910

~~order shall include a finding pursuant to the proceedings~~

2911

~~described in s. 985.23(1)(d)~~. Upon the recommendation of the

2912

department at the time of disposition, or subsequent to

2913

disposition pursuant to the filing of a petition alleging a

2914

violation of the child's conditions of postcommitment probation,

2915

the court may order the child to submit to random testing for

2916

the purpose of detecting and monitoring the use of alcohol or

2917

controlled substances.

2918

(4)a. A classification scale for levels of supervision

2919

shall be provided by the department, taking into account the

2920

child's needs and risks relative to probation supervision

2921

requirements to reasonably ensure the public safety. Probation

2922

programs for children shall be supervised by the department or

2923

by any other person or agency specifically authorized by the

2924

court. These programs must include, but are not limited to,

2925

structured or restricted activities as described in this section

2926

and s. 985.439 ~~subparagraph~~, and shall be designed to encourage

2927

the child toward acceptable and functional social behavior.

2928

(5) If supervision or a program of community service is

2929

ordered by the court, the duration of such supervision or

2930

program must be consistent with any treatment and rehabilitation

2931

needs identified for the child and may not exceed the term for

2932

which sentence could be imposed if the child were committed for

2933

the offense, except that the duration of such supervision or

2934

program for an offense that is a misdemeanor of the second

2935

degree, or is equivalent to a misdemeanor of the second degree,

2936

may be for a period not to exceed 6 months. ~~When restitution is~~

2937

~~ordered by the court, the amount of restitution may not exceed~~

2938

~~an amount the child and the parent or guardian could reasonably~~

2939

~~be expected to pay or make. A child who participates in any work~~

2940

~~program under this part is considered an employee of the state~~

2941

~~for purposes of liability, unless otherwise provided by law.~~

2942

(6)b. The court may conduct judicial review hearings for a

2943

child placed on probation for the purpose of fostering

2944

accountability to the judge and compliance with other

2945

requirements, such as restitution and community service. The

2946

court may allow early termination of probation for a child who

2947

has substantially complied with the terms and conditions of

2948

probation.

2949

~~c. If the conditions of the probation program or the~~

2950

~~postcommitment probation program are violated, the department or~~

2951

~~the state attorney may bring the child before the court on a~~

2952

~~petition alleging a violation of the program. Any child who~~

2953

~~violates the conditions of probation or postcommitment probation~~

2954

~~must be brought before the court if sanctions are sought. A~~

2955

~~child taken into custody under s. 985.207 for violating the~~

2956

~~conditions of probation or postcommitment probation shall be~~

2957

~~held in a consequence unit if such a unit is available. The~~

2958

~~child shall be afforded a hearing within 24 hours after being~~

2959

~~taken into custody to determine the existence of probable cause~~

2960

~~that the child violated the conditions of probation or~~

2961

~~postcommitment probation. A consequence unit is a secure~~

2962

~~facility specifically designated by the department for children~~

2963

~~who are taken into custody under s. 985.207 for violating~~

2964

~~probation or postcommitment probation, or who have been found by~~

2965

~~the court to have violated the conditions of probation or~~

2966

~~postcommitment probation. If the violation involves a new charge~~

2967

~~of delinquency, the child may be detained under s. 985.215 in a~~

2968

~~facility other than a consequence unit. If the child is not~~

2969

~~eligible for detention for the new charge of delinquency, the~~

2970

~~child may be held in the consequence unit pending a hearing and~~

2971

~~is subject to the time limitations specified in s. 985.215. If~~

2972

~~the child denies violating the conditions of probation or~~

2973

~~postcommitment probation, the court shall appoint counsel to~~

2974

~~represent the child at the child's request. Upon the child's~~

2975

~~admission, or if the court finds after a hearing that the child~~

2976

~~has violated the conditions of probation or postcommitment~~

2977

~~probation, the court shall enter an order revoking, modifying,~~

2978

~~or continuing probation or postcommitment probation. In each~~

2979

~~such case, the court shall enter a new disposition order and, in~~

2980

~~addition to the sanctions set forth in this paragraph, may~~

2981

~~impose any sanction the court could have imposed at the original~~

2982

~~disposition hearing. If the child is found to have violated the~~

2983

~~conditions of probation or postcommitment probation, the court~~

2984

~~may:~~

2985

~~(I) Place the child in a consequence unit in that judicial~~

2986

~~circuit, if available, for up to 5 days for a first violation,~~

2987

~~and up to 15 days for a second or subsequent violation.~~

2988

~~(II) Place the child on home detention with electronic~~

2989

~~monitoring. However, this sanction may be used only if a~~

2990

~~residential consequence unit is not available.~~

2991

~~(III) Modify or continue the child's probation program or~~

2992

~~postcommitment probation program.~~

2993

~~(IV) Revoke probation or postcommitment probation and~~

2994

~~commit the child to the department.~~

2995

~~d. Notwithstanding s. 743.07 and paragraph (d), and except~~

2996

~~as provided in s. 985.31, the term of any order placing a child~~

2997

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

2998

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

2999

~~interested party or on its own motion.~~

3000

~~2. Commit the child to a licensed child-caring agency~~

3001

~~willing to receive the child, but the court may not commit the~~

3002

~~child to a jail or to a facility used primarily as a detention~~

3003

~~center or facility or shelter.~~

3004

~~3. Commit the child to the department at a restrictiveness~~

3005

~~level defined in s. 985.03. Such commitment must be for the~~

3006

~~purpose of exercising active control over the child, including,~~

3007

~~but not limited to, custody, care, training, urine monitoring,~~

3008

~~and treatment of the child and release of the child from~~

3009

~~residential commitment into the community in a postcommitment~~

3010

~~nonresidential conditional release program. If the child is~~

3011

~~eligible to attend public school following commitment and the~~

3012

~~court finds that the victim or a sibling of the victim in the~~

3013

~~case is or may be attending the same school as the child, the~~

3014

~~commitment order shall include a finding pursuant to the~~

3015

~~proceedings described in s. 985.23(1)(d). If the child is not~~

3016

~~successful in the conditional release program, the department~~

3017

~~may use the transfer procedure under s. 985.404. Notwithstanding~~

3018

~~s. 743.07 and paragraph (d), and except as provided in s.~~

3019

~~985.31, the term of the commitment must be until the child is~~

3020

~~discharged by the department or until he or she reaches the age~~

3021

~~of 21.~~

3022

~~4. Revoke or suspend the driver's license of the child.~~

3023

~~5. Require the child and, if the court finds it~~

3024

~~appropriate, the child's parent or guardian together with the~~

3025

~~child, to render community service in a public service program.~~

3026

~~6. As part of the probation program to be implemented by~~

3027

~~the department, or, in the case of a committed child, as part of~~

3028

~~the community-based sanctions ordered by the court at the~~

3029

~~disposition hearing or before the child's release from~~

3030

~~commitment, order the child to make restitution in money,~~

3031

~~through a promissory note cosigned by the child's parent or~~

3032

~~guardian, or in kind for any damage or loss caused by the~~

3033

~~child's offense in a reasonable amount or manner to be~~

3034

~~determined by the court. The clerk of the circuit court shall be~~

3035

~~the receiving and dispensing agent. In such case, the court~~

3036

~~shall order the child or the child's parent or guardian to pay~~

3037

~~to the office of the clerk of the circuit court an amount not to~~

3038

~~exceed the actual cost incurred by the clerk as a result of~~

3039

~~receiving and dispensing restitution payments. The clerk shall~~

3040

~~notify the court if restitution is not made, and the court shall~~

3041

~~take any further action that is necessary against the child or~~

3042

~~the child's parent or guardian. A finding by the court, after a~~

3043

~~hearing, that the parent or guardian has made diligent and good~~

3044

~~faith efforts to prevent the child from engaging in delinquent~~

3045

~~acts absolves the parent or guardian of liability for~~

3046

~~restitution under this subparagraph.~~

3047

~~7. Order the child and, if the court finds it appropriate,~~

3048

~~the child's parent or guardian together with the child, to~~

3049

~~participate in a community work project, either as an~~

3050

~~alternative to monetary restitution or as part of the~~

3051

~~rehabilitative or probation program.~~

3052

~~8. Commit the child to the department for placement in a~~

3053

~~program or facility for serious or habitual juvenile offenders~~

3054

~~in accordance with s. 985.31. Any commitment of a child to a~~

3055

~~program or facility for serious or habitual juvenile offenders~~

3056

~~must be for an indeterminate period of time, but the time may~~

3057

~~not exceed the maximum term of imprisonment that an adult may~~

3058

~~serve for the same offense. The court may retain jurisdiction~~

3059

~~over such child until the child reaches the age of 21,~~

3060

~~specifically for the purpose of the child completing the~~

3061

~~program.~~

3062

~~9. In addition to the sanctions imposed on the child,~~

3063

~~order the parent or guardian of the child to perform community~~

3064

~~service if the court finds that the parent or guardian did not~~

3065

~~make a diligent and good faith effort to prevent the child from~~

3066

~~engaging in delinquent acts. The court may also order the parent~~

3067

~~or guardian to make restitution in money or in kind for any~~

3068

~~damage or loss caused by the child's offense. The court shall~~

3069

~~determine a reasonable amount or manner of restitution, and~~

3070

~~payment shall be made to the clerk of the circuit court as~~

3071

~~provided in subparagraph 6.~~

3072

~~10. Subject to specific appropriation, commit the juvenile~~

3073

~~sexual offender to the department for placement in a program or~~

3074

~~facility for juvenile sexual offenders in accordance with s.~~

3075

~~985.308. Any commitment of a juvenile sexual offender to a~~

3076

~~program or facility for juvenile sexual offenders must be for an~~

3077

~~indeterminate period of time, but the time may not exceed the~~

3078

~~maximum term of imprisonment that an adult may serve for the~~

3079

~~same offense. The court may retain jurisdiction over a juvenile~~

3080

~~sexual offender until the juvenile sexual offender reaches the~~

3081

~~age of 21, specifically for the purpose of completing the~~

3082

~~program.~~

3083

Section 47. Section 985.437, Florida Statutes, is created

3084

to read:

3085

985.437 Restitution.--

3086

(1) The court that has jurisdiction over an adjudicated

3087

delinquent child may, by an order stating the facts upon which a

3088

determination of a sanction and rehabilitative program was made

3089

at the disposition hearing, order the child to make restitution

3090

in the manner provided in this section. This order shall be part

3091

of the probation program to be implemented by the department or,

3092

in the case of a committed child, as part of the community-based

3093

sanctions ordered by the court at the disposition hearing or

3094

before the child's release from commitment.

3095

(2) The court may order the child to make restitution in

3096

money, through a promissory note cosigned by the child's parent

3097

or guardian, or in kind for any damage or loss caused by the

3098

child's offense in a reasonable amount or manner to be

3099

determined by the court. When restitution is ordered by the

3100

court, the amount of restitution may not exceed an amount the

3101

child and the parent or guardian could reasonably be expected to

3102

pay or make.

3103

(3) The clerk of the circuit court shall be the receiving

3104

and dispensing agent. In such case, the court shall order the

3105

child or the child's parent or guardian to pay to the office of

3106

the clerk of the circuit court an amount not to exceed the

3107

actual cost incurred by the clerk as a result of receiving and

3108

dispensing restitution payments. The clerk shall notify the

3109

court if restitution is not made, and the court shall take any

3110

further action that is necessary against the child or the

3111

child's parent or guardian.

3112

(4) A finding by the court, after a hearing, that the

3113

parent or guardian has made diligent and good faith efforts to

3114

prevent the child from engaging in delinquent acts absolves the

3115

parent or guardian of liability for restitution under this

3116

section.

3117

(5) The court may retain jurisdiction over a child and the

3118

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

3119

pay restitution until the restitution order is satisfied or

3120

until the court orders otherwise, as provided in s. 985.0301.

3121

Section 48. Section 985.439, Florida Statutes, is created

3122

to read:

3123

985.439 Violation of probation or postcommitment

3124

probation.--

3125

(1)(a) This section is applicable when the court has

3126

jurisdiction over an adjudicated delinquent child.

3127

(b) If the conditions of the probation program or the

3128

postcommitment probation program are violated, the department or

3129

the state attorney may bring the child before the court on a

3130

petition alleging a violation of the program. Any child who

3131

violates the conditions of probation or postcommitment probation

3132

must be brought before the court if sanctions are sought.

3133

(2) A child taken into custody under s. 985.101 for

3134

violating the conditions of probation or postcommitment

3135

probation shall be held in a consequence unit if such a unit is

3136

available. The child shall be afforded a hearing within 24 hours

3137

after being taken into custody to determine the existence of

3138

probable cause that the child violated the conditions of

3139

probation or postcommitment probation. A consequence unit is a

3140

secure facility specifically designated by the department for

3141

children who are taken into custody under s. 985.101 for

3142

violating probation or postcommitment probation, or who have

3143

been found by the court to have violated the conditions of

3144

probation or postcommitment probation. If the violation involves

3145

a new charge of delinquency, the child may be detained under

3146

part V in a facility other than a consequence unit. If the child

3147

is not eligible for detention for the new charge of delinquency,

3148

the child may be held in the consequence unit pending a hearing

3149

and is subject to the time limitations specified in part V.

3150

(3) If the child denies violating the conditions of

3151

probation or postcommitment probation, the court shall, upon the

3152

child's request, appoint counsel to represent the child.

3153

(4) Upon the child's admission, or if the court finds

3154

after a hearing that the child has violated the conditions of

3155

probation or postcommitment probation, the court shall enter an

3156

order revoking, modifying, or continuing probation or

3157

postcommitment probation. In each such case, the court shall

3158

enter a new disposition order and, in addition to the sanctions

3159

set forth in this section, may impose any sanction the court

3160

could have imposed at the original disposition hearing. If the

3161

child is found to have violated the conditions of probation or

3162

postcommitment probation, the court may:

3163

(a) Place the child in a consequence unit in that judicial

3164

circuit, if available, for up to 5 days for a first violation

3165

and up to 15 days for a second or subsequent violation.

3166

(b) Place the child on home detention with electronic

3167

monitoring. However, this sanction may be used only if a

3168

residential consequence unit is not available.

3169

3170

postcommitment probation program.

3171

(d) Revoke probation or postcommitment probation and

3172

commit the child to the department.

3173

(5) Upon the recommendation of the department at the time

3174

of disposition, or subsequent to disposition pursuant to the

3175

filing of a petition alleging a violation of the child's

3176

conditions of postcommitment probation, the court may order the

3177

child to submit to random testing for the purpose of detecting

3178

and monitoring the use of alcohol or controlled substances.

3179

Section 49. Section 985.441, Florida Statutes, is created

3180

to read:

3181

985.441 Commitment.--

3182

(1) The court that has jurisdiction of an adjudicated

3183

delinquent child may, by an order stating the facts upon which a

3184

determination of a sanction and rehabilitative program was made

3185

at the disposition hearing:

3186

(a) Commit the child to a licensed child-caring agency

3187

willing to receive the child; however, the court may not commit

3188

the child to a jail or to a facility used primarily as a

3189

detention center or facility or shelter.

3190

(b) Commit the child to the department at a

3191

restrictiveness level defined in s. 985.03. Such commitment must

3192

be for the purpose of exercising active control over the child,

3193

including, but not limited to, custody, care, training, urine

3194

monitoring, and treatment of the child and release of the child

3195

from residential commitment into the community in a

3196

postcommitment nonresidential conditional release program. If

3197

the child is not successful in the conditional release program,

3198

the department may use the transfer procedure under subsection

3199

(3).

3200

3201

program or facility for serious or habitual juvenile offenders

3202

in accordance with s. 985.47.

3203

1. Following a delinquency adjudicatory hearing under s.

3204

985.35 and a delinquency disposition hearing under s. 985.433

3205

that results in a commitment determination, the court shall, on

3206

its own or upon request by the state or the department,

3207

determine whether the protection of the public requires that the

3208

child be placed in a program for serious or habitual juvenile

3209

offenders and whether the particular needs of the child would be

3210

best served by a program for serious or habitual juvenile

3211

offenders as provided in s. 985.47. The determination shall be

3212

made under ss. 985.47(1) and 985.433(7).

3213

2. Any commitment of a child to a program or facility for

3214

serious or habitual juvenile offenders must be for an

3215

indeterminate period of time, but the time may not exceed the

3216

maximum term of imprisonment that an adult may serve for the

3217

same offense.

3218

(d) Commit the child to the department for placement in a

3219

program or facility for juvenile sexual offenders in accordance

3220

with s. 985.48, subject to specific appropriation for such a

3221

program or facility.

3222

1. The child may only be committed for such placement

3223

pursuant to determination that the child is a juvenile sexual

3224

offender under the criteria specified in s. 985.475.

3225

2. Any commitment of a juvenile sexual offender to a

3226

program or facility for juvenile sexual offenders must be for an

3227

indeterminate period of time, but the time may not exceed the

3228

maximum term of imprisonment that an adult may serve for the

3229

same offense.

3230

(2) The nonconsent of the child to commitment or treatment

3231

in a substance abuse treatment program in no way precludes the

3232

court from ordering such commitment or treatment.

3233

(3) The department may transfer a child, when necessary to

3234

appropriately administer the child's commitment, from one

3235

facility or program to another facility or program operated,

3236

contracted, subcontracted, or designated by the department,

3237

including a postcommitment nonresidential conditional release

3238

program. The department shall notify the court that committed

3239

the child to the department and any attorney of record for the

3240

child, in writing, of its intent to transfer the child from a

3241

commitment facility or program to another facility or program of

3242

a higher or lower restrictiveness level. The court that

3243

committed the child may agree to the transfer or may set a

3244

hearing to review the transfer. If the court does not respond

3245

within 10 days after receipt of the notice, the transfer of the

3246

child shall be deemed granted.

3247

Section 50. Section 985.232, Florida Statutes, is

3248

renumbered as section 985.442, Florida Statutes.

3249

Section 51. Paragraph (j) of subsection (1) of section

3250

985.231, Florida Statutes, is renumbered as section 985.445,

3251

Florida Statutes, and amended to read:

3252

985.445 ~~985.231~~ ~~Powers of disposition in delinquency~~ Cases

3253

involving grand theft of a motor vehicle.--

3254

~~(1)~~

3255

~~(j)~~ If the offense committed by the child was grand theft

3256

of a motor vehicle, the court:

3257

(1)1. Upon a first adjudication for a grand theft of a

3258

motor vehicle, may place the youth in a boot camp, unless the

3259

child is ineligible under ~~pursuant to~~ s. 985.489 ~~985.309~~, and

3260

shall order the youth to complete a minimum of 50 hours of

3261

community service.

3262

(2)2. Upon a second adjudication for grand theft of a

3263

motor vehicle which is separate and unrelated to the previous

3264

adjudication, may place the youth in a boot camp, unless the

3265

child is ineligible under ~~pursuant to~~ s. 985.489 ~~985.309~~, and

3266

shall order the youth to complete a minimum of 100 hours of

3267

community service.

3268

(3)3. Upon a third adjudication for grand theft of a motor

3269

vehicle which is separate and unrelated to the previous

3270

adjudications, shall place the youth in a boot camp or other

3271

treatment program, unless the child is ineligible under ~~pursuant~~

3272

to s. 985.489 ~~985.309~~, and shall order the youth to complete a

3273

minimum of 250 hours of community service.

3274

Section 52. Paragraph (g) of subsection (1) of section

3275

985.231, Florida Statutes, is renumbered as section 985.45,

3276

Florida Statutes, and amended to read:

3277

985.45 Liability and remuneration for work.--

3278

(1)~~(g)~~ Whenever a child is required by the court to

3279

participate in any work program under this part or whenever a

3280

child volunteers to work in a specified state, county,

3281

municipal, or community service organization supervised work

3282

program or to work for the victim, either as an alternative to

3283

monetary restitution or as a part of the rehabilitative or

3284

probation program, the child is an employee of the state for the

3285

purposes of liability.

3286

(2) In determining the child's average weekly wage unless

3287

otherwise determined by a specific funding program, all

3288

remuneration received from the employer is a gratuity, and the

3289

child is not entitled to any benefits otherwise payable under s.

3290

440.15, regardless of whether the child may be receiving wages

3291

and remuneration from other employment with another employer and

3292

regardless of the child's future wage-earning capacity.

3293

Section 53. Paragraph (d) of subsection (1) of section

3294

985.231, Florida Statutes, is amended and renumbered as

3295

subsection (3) of section 985.455, Florida Statutes, and

3296

paragraph (h) of subsection (1) of section 985.231, Florida

3297

Statutes, is renumbered as subsection (4) of section 985.455,

3298

Florida Statutes, which is created to read:

3299

985.455 Other dispositional issues.--

3300

(1) The court that has jurisdiction over an adjudicated

3301

delinquent child may, by an order stating the facts upon which a

3302

determination of a sanction and rehabilitative program was made

3303

at the disposition hearing:

3304

(a) Require the child and, if the court finds it

3305

appropriate, the child's parent or guardian together with the

3306

child to render community service in a public service program.

3307

(b) Order the child and, if the court finds it

3308

appropriate, the child's parent or guardian together with the

3309

child to participate in a community work project, either as an

3310

alternative to monetary restitution or as part of the

3311

rehabilitative or probation program.

3312

3313

(2) If the child is attending or is eligible to attend

3314

public school and the court finds that the victim or a sibling

3315

of the victim in the case is attending or may attend the same

3316

school as the child, the court shall, on its own motion or upon

3317

the request of any party or any parent or legal guardian of the

3318

victim, determine whether it is appropriate to enter a no

3319

contact order in favor of the victim or a sibling of the victim.

3320

If appropriate and acceptable to the victim and the victim's

3321

parent or parents or legal guardian, the court may reflect in

3322

the written disposition order that the victim or the victim's

3323

parent or parents or legal guardian stated in writing or in open

3324

court that he or she did not object to the offender being

3325

permitted to attend the same school or ride on the same school

3326

bus as the victim or a sibling of the victim. If applicable, the

3327

court placement or commitment order shall include a finding

3328

under this subsection.

3329

~~(1)~~

3330

(3)~~(d)~~ Any commitment of a delinquent child to the

3331

department must be for an indeterminate period of time, which

3332

may include periods of temporary release; however, the period of

3333

time may not exceed the maximum term of imprisonment that an

3334

adult may serve for the same offense, except that the duration

3335

of a minimum-risk nonresidential commitment for an offense that

3336

is a misdemeanor of the second degree, or is equivalent to a

3337

misdemeanor of the second degree, may be for a period not to

3338

exceed 6 months. The duration of the child's placement in a

3339

commitment program of any restrictiveness level shall be based

3340

on objective performance-based treatment planning. The child's

3341

treatment plan progress and adjustment-related issues shall be

3342

reported to the court quarterly, unless the court requests

3343

monthly reports. The child's length of stay in a commitment

3344

program may be extended if the child fails to comply with or

3345

participate in treatment activities. The child's length of stay

3346

in the program shall not be extended for purposes of sanction or

3347

punishment. Any temporary release from such program must be

3348

approved by the court. Any child so committed may be discharged

3349

from institutional confinement or a program upon the direction

3350

of the department with the concurrence of the court. The child's

3351

treatment plan progress and adjustment-related issues must be

3352

communicated to the court at the time the department requests

3353

the court to consider releasing the child from the commitment

3354

program. ~~Notwithstanding s. 743.07 and this subsection, and~~

3355

~~except as provided in ss. 985.201 and 985.31, a child may not be~~

3356

~~held under a commitment from a court under this section after~~

3357

~~becoming 21 years of age.~~ The department shall give the court

3358

that committed the child to the department reasonable notice, in

3359

writing, of its desire to discharge the child from a commitment

3360

facility. The court that committed the child may thereafter

3361

accept or reject the request. If the court does not respond

3362

within 10 days after receipt of the notice, the request of the

3363

department shall be deemed granted. This section does not limit

3364

the department's authority to revoke a child's temporary release

3365

status and return the child to a commitment facility for any

3366

violation of the terms and conditions of the temporary release.

3367

(4)~~(h)~~ The court may, upon motion of the child or upon its

3368

own motion, within 60 days after imposition of a disposition of

3369

commitment, suspend the further execution of the disposition and

3370

place the child in a probation program upon such terms and

3371

conditions as the court may require. The department shall

3372

forward to the court all relevant material on the child's

3373

progress while in custody not later than 3 working days prior to

3374

the hearing on the motion to suspend the disposition.

3375

Section 54. Section 985.316, Florida Statutes, is

3376

renumbered as section 985.46, Florida Statutes, and subsection

3377

(4) of that section is amended to read:

3378

985.46 ~~985.316~~ Conditional release.--

3379

(4) A juvenile under nonresidential commitment placement

3380

will continue to be on commitment status and subject to the

3381

transfer provision under s. 985.441(3) ~~985.404~~.

3382

Section 55. Section 985.313, Florida Statutes, is

3383

renumbered as section 985.465, Florida Statutes, and amended to

3384

read:

3385

985.465 ~~985.313~~ Juvenile correctional facilities or

3386

juvenile prison.--A juvenile correctional facility or juvenile

3387

prison is a physically secure residential commitment program

3388

with a designated length of stay from 18 months to 36 months,

3389

primarily serving children 13 years of age to 19 years of age,

3390

or until the jurisdiction of the court expires. ~~The court may~~

3391

~~retain jurisdiction over the child until the child reaches the~~

3392

~~age of 21, specifically for the purpose of the child completing~~

3393

~~the program.~~ Each child committed to this level must meet one of

3394

the following criteria:

3395

(1) The child ~~youth~~ is at least 13 years of age at the

3396

time of the disposition for the current offense and has been

3397

adjudicated on the current offense for:

3398

(a) Arson;

3399

(b) Sexual battery;

3400

3401

(d) Kidnapping;

3402

(e) Aggravated child abuse;

3403

(f) Aggravated assault;

3404

(g) Aggravated stalking;

3405

(h) Murder;

3406

(i) Manslaughter;

3407

(j) Unlawful throwing, placing, or discharging of a

3408

destructive device or bomb;

3409

(k) Armed burglary;

3410

(l) Aggravated battery;

3411

(m) Carjacking;

3412

(n) Home-invasion robbery;

3413

(o) Burglary with an assault or battery;

3414

(p) Any lewd or lascivious offense committed upon or in

3415

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

3416

(q) Carrying, displaying, using, threatening to use, or

3417

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

3418

felony.

3419

(2) The child ~~youth~~ is at least 13 years of age at the

3420

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

3421

the child has previously been committed three or more times to a

3422

delinquency commitment program.

3423

(3) The child ~~youth~~ is at least 13 years of age and is

3424

currently committed for a felony offense and transferred from a

3425

moderate-risk or high-risk residential commitment placement.

3426

(4) The child ~~youth~~ is at least 13 years of age at the

3427

time of the disposition for the current offense, the child ~~youth~~

3428

is eligible for prosecution as an adult for the current offense,

3429

and the current offense is ranked at level 7 or higher on the

3430

Criminal Punishment Code offense severity ranking chart pursuant

3431

to s. 921.0022.

3432

Section 56. Subsection (49) of section 985.03, Florida

3433

Statutes, is amended and renumbered as subsection (1) of section

3434

985.47, Florida Statutes, subsections (2), (4), and (5) of

3435

section 985.31, Florida Statutes are amended and renumbered,

3436

respectively, as subsections (9), (11), and (12) of section

3437

985.47, Florida Statutes, paragraphs (e) through (i) and (k) of

3438

subsection (3) of section 985.31, Florida Statutes, are amended

3439

and renumbered, respectively, as subsections (2) through (6) and

3440

(7) of section 985.47, Florida Statutes, subsection (1) of

3441

section 985.31, Florida Statutes, is renumbered as subsection

3442

(8) of section 985.47, Florida Statutes, and paragraphs (a)

3443

through (d) and (j) of subsection (3) of section 985.31, Florida

3444

Statutes, are renumbered, respectively, as paragraphs (a)

3445

through (d) and (e) of subsection (10) of section 985.47,

3446

Florida Statutes, and amended to read:

3447

985.47 ~~985.31~~ Serious or habitual juvenile offender.--

3448

(1)~~(49)~~ CRITERIA.--A "serious or habitual juvenile

3449

offender," for purposes of commitment to a residential facility

3450

and for purposes of records retention, means a child who has

3451

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

3452

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

3453

least one of the following criteria:

3454

(a) The child ~~youth~~ is at least 13 years of age at the

3455

time of the disposition for the current offense and has been

3456

adjudicated on the current offense for:

3457

1. Arson;

3458

2. Sexual battery;

3459

3. Robbery;

3460

4. Kidnapping;

3461

5. Aggravated child abuse;

3462

6. Aggravated assault;

3463

7. Aggravated stalking;

3464

8. Murder;

3465

9. Manslaughter;

3466

10. Unlawful throwing, placing, or discharging of a

3467

destructive device or bomb;

3468

11. Armed burglary;

3469

12. Aggravated battery;

3470

13. Any lewd or lascivious offense committed upon or in

3471

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

3472

14. Carrying, displaying, using, threatening, or

3473

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

3474

felony.

3475

(b) The child ~~youth~~ is at least 13 years of age at the

3476

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

3477

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

3478

delinquency commitment program.

3479

3480

currently committed for a felony offense and transferred from a

3481

moderate-risk or high-risk residential commitment placement.

3482

(2)~~(3)(e)~~ DETERMINATION.--After a child has been

3483

adjudicated delinquent under ~~pursuant to~~ s. 985.35 ~~985.228~~, the

3484

court shall determine whether the child meets the criteria for a

3485

serious or habitual juvenile offender under subsection (1)

3486

~~pursuant to s. 985.03(49)~~. If the court determines that the

3487

child does not meet such criteria, ss. 985.435, 985.437,

3488

985.439, 985.441, 985.445, 985.45, and 985.455 ~~the provisions of~~

3489

~~s. 985.231(1)~~ shall apply.

3490

(3)~~(f)~~ PLACEMENT RECOMMENDATIONS.--After a child has been

3491

transferred for criminal prosecution, a circuit court judge may

3492

direct a juvenile probation officer to consult with designated

3493

staff from an appropriate serious or habitual juvenile offender

3494

program for the purpose of making recommendations to the court

3495

regarding the child's placement in such program.

3496

(4)~~(g)~~ TIME AND PLACE FOR

3497

RECOMMENDATIONS.--Recommendations as to a child's placement in a

3498

serious or habitual juvenile offender program shall be presented

3499

to the court within 72 hours after the adjudication or

3500

conviction, and may be based on a preliminary screening of the

3501

child at appropriate sites, considering the child's location

3502

while court action is pending, which may include the nearest

3503

regional detention center or facility or jail.

3504

(5)~~(h)~~ REPORTING RECOMMENDATIONS TO COURT.--Based on the

3505

recommendations of the multidisciplinary assessment, the

3506

juvenile probation officer shall make the following

3507

recommendations to the court:

3508

(a)1. For each child who has not been transferred for

3509

criminal prosecution, the juvenile probation officer shall

3510

recommend whether placement in such program is appropriate and

3511

needed.

3512

(b)2. For each child who has been transferred for criminal

3513

prosecution, the juvenile probation officer shall recommend

3514

whether the most appropriate placement for the child is a

3515

juvenile justice system program, including a serious or habitual

3516

juvenile offender program or facility, or placement in the adult

3517

correctional system.

3518

3519

If treatment provided by a serious or habitual juvenile offender

3520

program or facility is determined to be appropriate and needed

3521

and placement is available, the juvenile probation officer and

3522

the court shall identify the appropriate serious or habitual

3523

juvenile offender program or facility best suited to the needs

3524

of the child.

3525

(6)~~(i)~~ ACTION ON RECOMMENDATIONS.--The treatment and

3526

placement recommendations shall be submitted to the court for

3527

further action under ~~pursuant to~~ this subsection ~~paragraph~~:

3528

(a)1. If it is recommended that placement in a serious or

3529

habitual juvenile offender program or facility is inappropriate,

3530

the court shall make an alternative disposition under ~~pursuant~~

3531

to s. 985.489 ~~985.309~~ or other alternative sentencing as

3532

applicable, using ~~utilizing~~ the recommendation as a guide.

3533

(b)2. If it is recommended that placement in a serious or

3534

habitual juvenile offender program or facility is appropriate,

3535

the court may commit the child to the department for placement

3536

in the restrictiveness level designated for serious or habitual

3537

delinquent children programs.

3538

(7)~~(k)~~ DURATION OF COMMITMENT.--Any commitment of a child

3539

to the department for placement in a serious or habitual

3540

juvenile offender program or facility shall be for an

3541

indeterminate period of time, but the time shall not exceed the

3542

maximum term of imprisonment that ~~which~~ an adult may serve for

3543

the same offense. ~~Notwithstanding the provisions of ss. 743.07~~

3544

~~and 985.231(1)(d), a serious or habitual juvenile offender shall~~

3545

~~not be held under commitment from a court pursuant to this~~

3546

~~section, s. 985.231, or s. 985.233 after becoming 21 years of~~

3547

~~age. This provision shall apply only for the purpose of~~

3548

~~completing the serious or habitual juvenile offender program~~

3549

~~pursuant to this chapter and shall be used solely for the~~

3550

~~purpose of treatment.~~

3551

(8)~~(1)~~ ASSESSMENT AND TREATMENT SERVICES.--Pursuant to ~~the~~

3552

~~provisions of~~ this chapter and the establishment of appropriate

3553

program guidelines and standards, contractual instruments, which

3554

shall include safeguards of all constitutional rights, shall be

3555

developed as follows:

3556

(a) The department shall provide for:

3557

1. The oversight of implementation of assessment and

3558

treatment approaches.

3559

2. The identification and prequalification of appropriate

3560

individuals or not-for-profit organizations, including minority

3561

individuals or organizations when possible, to provide

3562

assessment and treatment services to serious or habitual

3563

delinquent children.

3564

3. The monitoring and evaluation of assessment and

3565

treatment services for compliance with ~~the provisions of~~ this

3566

chapter and all applicable rules and guidelines pursuant

3567

thereto.

3568

4. The development of an annual report on the performance

3569

of assessment and treatment to be presented to the Governor, the

3570

Attorney General, the President of the Senate, the Speaker of

3571

the House of Representatives, and the Auditor General no later

3572

than January 1 of each year.

3573

(b) Assessment shall generally comprise the first 30 days

3574

of treatment and be provided by the same provider as treatment,

3575

but assessment and treatment services may be provided by

3576

separate providers, where warranted. Providers shall be selected

3577

who have the capacity to assess and treat the unique problems

3578

presented by children with different racial and ethnic

3579

backgrounds. The department shall retain contractual authority

3580

to reject any assessment or treatment provider for lack of

3581

qualification.

3582

(9)~~(2)~~ SERIOUS OR HABITUAL JUVENILE OFFENDER PROGRAM.--

3583

(a) There is created the serious or habitual juvenile

3584

offender program. The program shall consist of at least 9 months

3585

of intensive secure residential treatment. Conditional release

3586

assessment and services shall be provided in accordance with s.

3587

985.46 ~~985.316~~. The components of the program shall include, but

3588

not be limited to:

3589

1. Diagnostic evaluation services.

3590

2. Appropriate treatment modalities, including substance

3591

abuse intervention, mental health services, and sexual behavior

3592

dysfunction interventions and gang-related behavior

3593

interventions.

3594

3. Prevocational and vocational services.

3595

4. Job training, job placement, and employability-skills

3596

training.

3597

5. Case management services.

3598

6. Educational services, including special education and

3599

pre-GED literacy.

3600

7. Self-sufficiency planning.

3601

8. Independent living skills.

3602

9. Parenting skills.

3603

10. Recreational and leisure time activities.

3604

11. Community involvement opportunities commencing, where

3605

appropriate, with the direct and timely payment of restitution

3606

to the victim.

3607

12. Intensive conditional release supervision.

3608

13. Graduated reentry into the community.

3609

14. A diversity of forms of individual and family

3610

treatment appropriate to and consistent with the child's needs.

3611

15. Consistent and clear consequences for misconduct.

3612

(b) The department is authorized to contract with private

3613

companies to provide some or all of the components indicated in

3614

paragraph (a).

3615

3616

agencies, the judiciary, school board personnel, the office of

3617

the state attorney, the office of the public defender, and

3618

community service agencies interested in or currently working

3619

with juveniles, in planning and developing this program.

3620

(d) The department is authorized to accept funds or in-

3621

kind contributions from public or private sources to be used for

3622

the purposes of this section.

3623

(10)~~(3)~~ PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

3624

TREATMENT.--

3625

(a) Assessment and treatment shall be conducted by

3626

treatment professionals with expertise in specific treatment

3627

procedures. These~~, which~~ professionals shall exercise all

3628

professional judgment independently of the department.

3629

(b) Treatment provided to children in designated

3630

facilities shall be suited to the assessed needs of each

3631

individual child and shall be administered safely and humanely,

3632

with respect for human dignity.

3633

3634

implementation and operation of programs and facilities for

3635

serious or habitual juvenile offenders.

3636

(d) Any provider who acts in good faith is immune from

3637

civil or criminal liability for his or her actions in connection

3638

with the assessment, treatment, or transportation of a serious

3639

or habitual juvenile offender under ~~the provisions of~~ this

3640

chapter.

3641

(e)~~(j)~~ The following provisions shall apply to children in

3642

serious or habitual juvenile offender programs and facilities:

3643

1. A child shall begin participation in the conditional

3644

release component of the program based upon a determination made

3645

by the treatment provider and approved by the department.

3646

2. A child shall begin participation in the community

3647

supervision component of conditional release based upon a

3648

determination made by the treatment provider and approved by the

3649

department. The treatment provider shall give written notice of

3650

the determination to the circuit court having jurisdiction over

3651

the child. If the court does not respond with a written

3652

objection within 10 days, the child shall begin the conditional

3653

release component.

3654

3. A child shall be discharged from the program based upon

3655

a determination made by the treatment provider with the approval

3656

of the department.

3657

4. In situations where the department does not agree with

3658

the decision of the treatment provider, a reassessment shall be

3659

performed, and the department shall use ~~utilize~~ the reassessment

3660

determination to resolve the disagreement and make a final

3661

decision.

3662

(11)~~(4)~~ ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

3663

(a) Pursuant to ~~the provisions of~~ this section, the

3664

department shall implement the comprehensive assessment

3665

instrument for the treatment needs of serious or habitual

3666

juvenile offenders and for the assessment, which assessment

3667

shall include the criteria under subsection (1) ~~s. 985.03(49)~~

3668

and shall also include, but not be limited to, evaluation of the

3669

child's:

3670

1. Amenability to treatment.

3671

2. Proclivity toward violence.

3672

3. Tendency toward gang involvement.

3673

4. Substance abuse or addiction and the level thereof.

3674

5. History of being a victim of child abuse or sexual

3675

abuse, or indication of sexual behavior dysfunction.

3676

6. Number and type of previous adjudications, findings of

3677

guilt, and convictions.

3678

7. Potential for rehabilitation.

3679

(b) The department shall contract with multiple

3680

individuals or not-for-profit organizations to perform the

3681

assessments and treatment, and shall ensure that the staff of

3682

each provider is ~~are~~ appropriately trained.

3683

3684

written procedure developed, in consultation with licensed

3685

treatment professionals, establishing conditions under which a

3686

child's blood and urine samples will be tested for substance

3687

abuse indications. ~~It is not unlawful for~~ The person receiving

3688

the test results may to divulge the test results to the relevant

3689

facility staff and department personnel;. however, such

3690

information is exempt from ~~the provisions of~~ ss. 119.01 and

3691

119.07(1) and s. 24(a), Art. I of the State Constitution.

3692

(d) Serologic blood test and urinalysis results obtained

3693

under ~~pursuant to~~ paragraph (c) are confidential, except that

3694

they may be shared with employees or officers of the department,

3695

the court, and any assessment or treatment provider and

3696

designated facility treating the child. No person to whom the

3697

results of a test have been disclosed under this section may

3698

disclose the test results to another person not authorized under

3699

this section.

3700

(e) The results of any serologic blood or urine test on a

3701

serious or habitual juvenile offender shall become a part of

3702

that child's medical file. Upon transfer of the child to any

3703

other designated treatment facility, such file shall be

3704

transferred in an envelope marked confidential. The results of

3705

any test designed to identify the human immunodeficiency virus,

3706

or its antigen or antibody, shall be accessible only to persons

3707

designated by rule of the department. The provisions of such

3708

rule shall be consistent with the guidelines established by the

3709

Centers for Disease Control and Prevention.

3710

(f) A record of the assessment and treatment of each

3711

serious or habitual juvenile offender shall be maintained by the

3712

provider, which shall include data pertaining to the child's

3713

treatment and such other information as may be required under

3714

rules of the department. Unless waived by express and informed

3715

consent by the child or the guardian or, if the child is

3716

deceased, by the child's personal representative or by the

3717

person who stands next in line of intestate succession, the

3718

privileged and confidential status of the clinical assessment

3719

and treatment record shall not be lost by either authorized or

3720

unauthorized disclosure to any person, organization, or agency.

3721

(g) The assessment and treatment record shall not be a

3722

public record, and no part of it shall be released, except that:

3723

1. The record shall be released to such persons and

3724

agencies as are designated by the child or the guardian.

3725

2. The record shall be released to persons authorized by

3726

order of court, excluding matters privileged by other provisions

3727

of law.

3728

3. The record or any part thereof shall be disclosed to a

3729

qualified researcher, as defined by rule; a staff member of the

3730

designated treatment facility; or an employee of the department

3731

when the administrator of the facility or the Secretary of

3732

Juvenile Justice deems it necessary for treatment of the child,

3733

maintenance of adequate records, compilation of treatment data,

3734

or evaluation of programs.

3735

4. Information from the assessment and treatment record

3736

may be used for statistical and research purposes if the

3737

information is abstracted in such a way as to protect the

3738

identity of individuals.

3739

(h) Notwithstanding other provisions of this section, the

3740

department may request, receive, and provide assessment and

3741

treatment information to facilitate treatment, rehabilitation,

3742

and continuity of care of any serious or habitual juvenile

3743

offender from any of the following:

3744

1. The Social Security Administration and the United

3745

States Department of Veterans Affairs.

3746

2. Law enforcement agencies, state attorneys, defense

3747

attorneys, and judges in regard to the child's status.

3748

3. Personnel in any facility in which the child may be

3749

placed.

3750

4. Community agencies and others expected to provide

3751

services to the child upon his or her return to the community.

3752

(i) Any law enforcement agency, designated treatment

3753

facility, governmental or community agency, or other entity that

3754

receives information under ~~pursuant to~~ this section shall

3755

maintain such information as a nonpublic record as otherwise

3756

provided herein.

3757

(j) Any agency, not-for-profit organization, or treatment

3758

professional who acts in good faith in releasing information

3759

under ~~pursuant to~~ this subsection shall not be subject to civil

3760

or criminal liability for such release.

3761

(k) Assessment and treatment records are confidential as

3762

described in this paragraph and exempt from ~~the provisions of~~ s.

3763

119.07(1) and s. 24(a), Art. I of the State Constitution.

3764

1. The department shall have full access to the assessment

3765

and treatment records to ensure coordination of services to the

3766

child.

3767

2. The principles of confidentiality of records as

3768

provided in s. 985.04 ~~shall~~ apply to the assessment and

3769

treatment records of serious or habitual juvenile offenders.

3770

(l) For purposes of effective administration, accurate

3771

tracking and recordkeeping, and optimal treatment decisions,

3772

each assessment and treatment provider shall maintain a central

3773

identification file on the serious or habitual juvenile

3774

offenders it treats.

3775

(m) The file of each serious or habitual juvenile offender

3776

shall contain, but is not limited to, pertinent children-in-

3777

need-of-services and delinquency record information maintained

3778

by the department; pertinent school records information on

3779

behavior, attendance, and achievement; and pertinent information

3780

on delinquency or children in need of services maintained by law

3781

enforcement agencies and the state attorney.

3782

(n) All providers under this section shall, as part of

3783

their contractual duties, collect, maintain, and report to the

3784

department all information necessary to comply with mandatory

3785

reporting pursuant to the promulgation of rules by the

3786

department for the implementation of serious or habitual

3787

juvenile offender programs and the monitoring and evaluation

3788

thereof.

3789

(o) The department is responsible for the development and

3790

maintenance of a statewide automated tracking system for serious

3791

or habitual juvenile offenders.

3792

(12)~~(5)~~ DESIGNATED TREATMENT FACILITIES.--

3793

(a) Designated facilities shall be sited and constructed

3794

by the department, directly or by contract, pursuant to

3795

departmental rules, to ensure that facility design is compatible

3796

with treatment. The department is authorized to contract for the

3797

construction of the facilities and may also lease facilities.

3798

The number of beds per facility shall not exceed 25. An

3799

assessment of need for additional facilities shall be conducted

3800

prior to the siting or construction of more than one facility in

3801

any judicial circuit.

3802

(b) Designated facilities for serious or habitual juvenile

3803

offenders shall be separate and secure facilities established

3804

under the authority of the department for the treatment of such

3805

children.

3806

3807

habitual juvenile offenders shall be determined by the

3808

department. The department is authorized to contract for the

3809

provision of security.

3810

(d) With respect to the treatment of serious or habitual

3811

juvenile offenders under this section, designated facilities

3812

shall be immune from liability for civil damages except in

3813

instances when the failure to act in good faith results in

3814

serious injury or death, in which case liability shall be

3815

governed by s. 768.28.

3816

(e) Minimum standards and requirements for designated

3817

treatment facilities shall be contractually prescribed under

3818

~~pursuant to~~ subsection (8)~~(1)~~.

3819

Section 57. Subsection (32) of section 985.03, Florida

3820

Statutes, is amended and renumbered as subsection (1) of section

3821

985.475, Florida Statutes, and subsection (3) of section

3822

985.231, Florida Statutes, is amended and renumbered as

3823

subsection (2) of section 985.475, Florida Statutes, to read:

3824

985.475 Juvenile sexual offenders.--

3825

(1)~~(32)~~ CRITERIA.--A "juvenile sexual offender" means:

3826

(a) A juvenile who has been found by the court under s.

3827

985.35 ~~985.228~~ to have committed a violation of chapter 794,

3828

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

3829

(b) A juvenile found to have committed any felony

3830

violation of law or delinquent act involving juvenile sexual

3831

abuse. "Juvenile sexual abuse" means any sexual behavior that

3832

~~which~~ occurs without consent, without equality, or as a result

3833

of coercion. For purposes of this subsection, the following

3834

definitions apply:

3835

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

3836

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

3837

compliance.

3838

2. "Equality" means two participants operating with the

3839

same level of power in a relationship, neither being controlled

3840

nor coerced by the other.

3841

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

3842

following:

3843

a. Understanding what is proposed based on age, maturity,

3844

developmental level, functioning, and experience.

3845

b. Knowledge of societal standards for what is being

3846

proposed.

3847

c. Awareness of potential consequences and alternatives.

3848

d. Assumption that agreement or disagreement will be

3849

accepted equally.

3850

e. Voluntary decision.

3851

f. Mental competence.

3852

3853

Juvenile sexual offender behavior ranges from noncontact sexual

3854

behavior such as making obscene phone calls, exhibitionism,

3855

voyeurism, and the showing or taking of lewd photographs to

3856

varying degrees of direct sexual contact, such as frottage,

3857

fondling, digital penetration, rape, fellatio, sodomy, and

3858

various other sexually aggressive acts.

3859

(2)~~(3)~~ Following a delinquency adjudicatory hearing under

3860

s. 985.35 ~~985.228~~, the court may on its own or upon request by

3861

the state or the department and subject to specific

3862

appropriation, determine whether a juvenile sexual offender

3863

placement is required for the protection of the public and what

3864

would be the best approach to address the treatment needs of the

3865

juvenile sexual offender. When the court determines that a

3866

juvenile has no history of a recent comprehensive assessment

3867

focused on sexually deviant behavior, the court may, subject to

3868

specific appropriation, order the department to conduct or

3869

arrange for an examination to determine whether the juvenile

3870

sexual offender is amenable to community-based treatment.

3871

(a) The report of the examination shall include, at a

3872

minimum, the following:

3873

1. The juvenile sexual offender's account of the incident

3874

and the official report of the investigation.

3875

2. The juvenile sexual offender's offense history.

3876

3. A multidisciplinary assessment of the sexually deviant

3877

behaviors, including an assessment by a certified psychologist,

3878

therapist, or psychiatrist.

3879

4. An assessment of the juvenile sexual offender's family,

3880

social, educational, and employment situation. The report shall

3881

set forth the sources of the evaluator's information.

3882

(b) The report shall assess the juvenile sexual offender's

3883

amenability to treatment and relative risk to the victim and the

3884

community.

3885

3886

court that shall include, at a minimum:

3887

1. The frequency and type of contact between the offender

3888

and therapist.

3889

2. The specific issues and behaviors to be addressed in

3890

the treatment and description of planned treatment methods.

3891

3. Monitoring plans, including any requirements regarding

3892

living conditions, school attendance and participation,

3893

lifestyle, and monitoring by family members, legal guardians, or

3894

others.

3895

4. Anticipated length of treatment.

3896

5. Recommended crime-related prohibitions and curfew.

3897

6. Reasonable restrictions on the contact between the

3898

juvenile sexual offender and either the victim or alleged

3899

victim.

3900

(d) After receipt of the report on the proposed plan of

3901

treatment, the court shall consider whether the community and

3902

the offender will benefit from use of juvenile sexual offender

3903

community-based treatment alternative disposition and consider

3904

the opinion of the victim or the victim's family as to whether

3905

the offender should receive a community-based treatment

3906

alternative disposition under this subsection.

3907

(e) If the court determines that this juvenile sexual

3908

offender community-based treatment alternative is appropriate,

3909

the court may place the offender on community supervision for up

3910

to 3 years. As a condition of community treatment and

3911

supervision, the court may order the offender to:

3912

1. Undergo available outpatient juvenile sexual offender

3913

treatment for up to 3 years. A program or provider may not be

3914

used for such treatment unless it has an appropriate program

3915

designed for sexual offender treatment. The department shall not

3916

change the treatment provider without first notifying the state

3917

attorney's office.

3918

2. Remain within described geographical boundaries and

3919

notify the court or the department counselor prior to any change

3920

in the offender's address, educational program, or employment.

3921

3. Comply with all requirements of the treatment plan.

3922

(f) The juvenile sexual offender treatment provider shall

3923

submit quarterly reports on the respondent's progress in

3924

treatment to the court and the parties to the proceedings. The

3925

juvenile sexual offender reports shall reference the treatment

3926

plan and include, at a minimum, the following:

3927

1. Dates of attendance.

3928

2. The juvenile sexual offender's compliance with the

3929

requirements of treatment.

3930

3. A description of the treatment activities.

3931

4. The sexual offender's relative progress in treatment.

3932

5. The offender's family support of the treatment

3933

objectives.

3934

6. Any other material specified by the court at the time

3935

of the disposition.

3936

(g) At the disposition hearing, the court may set case

3937

review hearings as the court considers appropriate.

3938

(h) If the juvenile sexual offender violates any condition

3939

of the disposition or the court finds that the juvenile sexual

3940

offender is failing to make satisfactory progress in treatment,

3941

the court may revoke the community-based treatment alternative

3942

and order commitment to the department under s. 985.441 ~~pursuant~~

3943

~~to subsection (1)~~.

3944

(i) If the court determines that the juvenile sexual

3945

offender is not amenable to community-based treatment, the court

3946

shall proceed with a juvenile sexual offender disposition

3947

hearing under s. 985.441 ~~pursuant to subsection (1)~~.

3948

Section 58. Section 985.308, Florida Statutes, is

3949

renumbered as section 985.48, Florida Statutes.

3950

Section 59. Subsection (7) of section 985.03, Florida

3951

Statutes, is amended and renumbered as subsection (1) of section

3952

985.483, Florida Statutes, subsections (2), (4), and (5) of

3953

section 985.311, Florida Statutes, are amended and renumbered,

3954

respectively, as subsections (9), (11), and (12) of section

3955

985.483, Florida Statutes, paragraphs (e) through (i) and (k) of

3956

subsection (3) of section 985.311, Florida Statutes, are amended

3957

and renumbered, respectively, as subsections (2) through (6) and

3958

(7) of section 985.483, Florida Statutes, subsection (1) of

3959

section 985.311, Florida Statutes, is renumbered as subsection

3960

(8) of section 985.483, Florida Statutes, and paragraphs (a)

3961

through (d) and (j) of subsection (3) of section 985.311,

3962

Florida Statutes, are renumbered as paragraphs (a) through (d)

3963

and (e) of subsection (10) of section 985.483, Florida Statutes,

3964

and amended to read:

3965

985.483 ~~985.311~~ Intensive residential treatment program

3966

for offenders less than 13 years of age.--

3967

(1)~~(7)~~ CRITERIA.--A "child eligible for an intensive

3968

residential treatment program for offenders less than 13 years

3969

of age" means a child who has been found to have committed a

3970

delinquent act or a violation of law in the case currently

3971

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

3972

criteria:

3973

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

3974

the disposition for the current offense and has been adjudicated

3975

on the current offense for:

3976

1. Arson;

3977

2. Sexual battery;

3978

3. Robbery;

3979

4. Kidnapping;

3980

5. Aggravated child abuse;

3981

6. Aggravated assault;

3982

7. Aggravated stalking;

3983

8. Murder;

3984

9. Manslaughter;

3985

10. Unlawful throwing, placing, or discharging of a

3986

destructive device or bomb;

3987

11. Armed burglary;

3988

12. Aggravated battery;

3989

13. Any lewd or lascivious offense committed upon or in

3990

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

3991

14. Carrying, displaying, using, threatening, or

3992

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

3993

felony.

3994

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

3995

the disposition, the current offense is a felony, and the child

3996

has previously been committed at least once to a delinquency

3997

commitment program.

3998

3999

currently committed for a felony offense and transferred from a

4000

moderate-risk or high-risk residential commitment placement.

4001

(2)~~(3)(e)~~ DETERMINATION.--After a child has been

4002

adjudicated delinquent under ~~pursuant to~~ s. 985.35~~985.228~~(5),

4003

the court shall determine whether the child is eligible for an

4004

intensive residential treatment program for offenders less than

4005

13 years of age under subsection (1) ~~pursuant to s. 985.03(7)~~.

4006

If the court determines that the child does not meet the

4007

criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445,

4008

985.45, and 985.455 ~~the provisions of s. 985.231(1)~~ shall apply.

4009

(3)~~(f)~~ PLACEMENT RECOMMENDATIONS.--After a child has been

4010

transferred for criminal prosecution, a circuit court judge may

4011

direct a juvenile probation officer to consult with designated

4012

staff from an appropriate intensive residential treatment

4013

program for offenders less than 13 years of age for the purpose

4014

of making recommendations to the court regarding the child's

4015

placement in such program.

4016

(4)~~(3)(g)~~ TIME AND PLACE FOR

4017

RECOMMENDATIONS.--Recommendations as to a child's placement in

4018

an intensive residential treatment program for offenders less

4019

than 13 years of age may be based on a preliminary screening of

4020

the child at appropriate sites, considering the child's location

4021

while court action is pending, which may include the nearest

4022

regional detention center or facility or jail.

4023

(5)~~(3)(h)~~ REPORTING RECOMMENDATIONS.--Based on the

4024

recommendations of the multidisciplinary assessment, the

4025

juvenile probation officer shall make the following

4026

recommendations to the court:

4027

(a)1. For each child who has not been transferred for

4028

criminal prosecution, the juvenile probation officer shall

4029

recommend whether placement in such program is appropriate and

4030

needed.

4031

(b)2. For each child who has been transferred for criminal

4032

prosecution, the juvenile probation officer shall recommend

4033

whether the most appropriate placement for the child is a

4034

juvenile justice system program, including a child who is

4035

eligible for an intensive residential treatment program for

4036

offenders less than 13 years of age, or placement in the adult

4037

correctional system.

4038

4039

If treatment provided by an intensive residential treatment

4040

program for offenders less than 13 years of age is determined to

4041

be appropriate and needed and placement is available, the

4042

juvenile probation officer and the court shall identify the

4043

appropriate intensive residential treatment program for

4044

offenders less than 13 years of age best suited to the needs of

4045

the child.

4046

(6)~~(3)(i)~~ ACTION ON RECOMMENDATIONS.--The treatment and

4047

placement recommendations shall be submitted to the court for

4048

further action under ~~pursuant to~~ this subsection ~~paragraph~~:

4049

(a)1. If it is recommended that placement in an intensive

4050

residential treatment program for offenders less than 13 years

4051

of age is inappropriate, the court shall make an alternative

4052

disposition under ~~pursuant to~~ s. 985.489 ~~985.309~~ or other

4053

alternative sentencing as applicable, using ~~utilizing~~ the

4054

recommendation as a guide.

4055

(b)2. If it is recommended that placement in an intensive

4056

residential treatment program for offenders less than 13 years

4057

of age is appropriate, the court may commit the child to the

4058

department for placement in the restrictiveness level designated

4059

for intensive residential treatment program for offenders less

4060

than 13 years of age.

4061

(7)~~(3)(k)~~ DURATION OF COMMITMENT.--Any commitment of a

4062

child to the department for placement in an intensive

4063

residential treatment program for offenders less than 13 years

4064

of age shall be for an indeterminate period of time, but the

4065

time shall not exceed the maximum term of imprisonment that

4066

~~which~~ an adult may serve for the same offense. Any child who has

4067

not completed the residential portion of the intensive

4068

residential treatment program for offenders less than 13 years

4069

of age by his or her fourteenth birthday may be transferred to

4070

another program for committed delinquent offenders.

4071

(8)~~(1)~~ ASSESSMENT AND TREATMENT SERVICES.--Pursuant to ~~the~~

4072

~~provisions of~~ this chapter and the establishment of appropriate

4073

program guidelines and standards, contractual instruments, which

4074

shall include safeguards of all constitutional rights, shall be

4075

developed for intensive residential treatment programs for

4076

offenders less than 13 years of age as follows:

4077

(a) The department shall provide for:

4078

1. The oversight of implementation of assessment and

4079

treatment approaches.

4080

2. The identification and prequalification of appropriate

4081

individuals or not-for-profit organizations, including minority

4082

individuals or organizations when possible, to provide

4083

assessment and treatment services to intensive offenders less

4084

than 13 years of age.

4085

3. The monitoring and evaluation of assessment and

4086

treatment services for compliance with ~~the provisions of~~ this

4087

chapter and all applicable rules and guidelines pursuant

4088

thereto.

4089

4. The development of an annual report on the performance

4090

of assessment and treatment to be presented to the Governor, the

4091

Attorney General, the President of the Senate, the Speaker of

4092

the House of Representatives, the Auditor General, and the

4093

Office of Program Policy Analysis and Government Accountability

4094

no later than January 1 of each year.

4095

(b) Assessment shall generally comprise the first 30 days

4096

of treatment and be provided by the same provider as treatment,

4097

but assessment and treatment services may be provided by

4098

separate providers, where warranted. Providers shall be selected

4099

who have the capacity to assess and treat the unique problems

4100

presented by children with different racial and ethnic

4101

backgrounds. The department shall retain contractual authority

4102

to reject any assessment or treatment provider for lack of

4103

qualification.

4104

(9)~~(2)~~ INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR

4105

OFFENDERS UNDER AGE ~~LESS THAN~~ 13 ~~YEARS OF AGE~~.--

4106

(a) There is created the intensive residential treatment

4107

program for offenders less than 13 years of age. The program

4108

shall consist of at least 9 months of intensive secure

4109

residential treatment. Conditional release assessment and

4110

services shall be provided in accordance with s. 985.46 ~~985.316~~.

4111

The components of the program shall include, but not be limited

4112

to:

4113

1. Diagnostic evaluation services.

4114

2. Appropriate treatment modalities, including substance

4115

abuse intervention, mental health services, and sexual behavior

4116

dysfunction interventions and gang-related behavior

4117

interventions.

4118

3. Life skills.

4119

4. Values clarification.

4120

5. Case management services.

4121

6. Educational services, including special and remedial

4122

education.

4123

7. Recreational and leisure time activities.

4124

8. Community involvement opportunities commencing, where

4125

appropriate, with the direct and timely payment of restitution

4126

to the victim.

4127

9. Intensive conditional release supervision.

4128

10. Graduated reentry into the community.

4129

11. A diversity of forms of individual and family

4130

treatment appropriate to and consistent with the child's needs.

4131

12. Consistent and clear consequences for misconduct.

4132

(b) The department is authorized to contract with private

4133

companies to provide some or all of the components indicated in

4134

paragraph (a).

4135

4136

agencies, the judiciary, school board personnel, the office of

4137

the state attorney, the office of the public defender, and

4138

community service agencies interested in or currently working

4139

with juveniles, in planning and developing this program.

4140

(d) The department is authorized to accept funds or in-

4141

kind contributions from public or private sources to be used for

4142

the purposes of this section.

4143

(e) The department shall establish quality assurance

4144

standards to ensure the quality and substance of mental health

4145

services provided to children with mental, nervous, or emotional

4146

disorders who may be committed to intensive residential

4147

treatment programs. The quality assurance standards shall

4148

address the possession of credentials by the mental health

4149

service providers.

4150

(10)~~(3)~~ PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

4151

TREATMENT.--

4152

(a) Assessment and treatment shall be conducted by

4153

treatment professionals with expertise in specific treatment

4154

procedures. These~~, which~~ professionals shall exercise all

4155

professional judgment independently of the department.

4156

(b) Treatment provided to children in designated

4157

facilities shall be suited to the assessed needs of each

4158

individual child and shall be administered safely and humanely,

4159

with respect for human dignity.

4160

4161

implementation and operation of programs and facilities for

4162

children who are eligible for an intensive residential treatment

4163

program for offenders less than 13 years of age. The department

4164

must involve the following groups in the promulgation of rules

4165

for services for this population: local law enforcement

4166

agencies, the judiciary, school board personnel, the office of

4167

the state attorney, the office of the public defender, and

4168

community service agencies interested in or currently working

4169

with juveniles. When promulgating these rules, the department

4170

must consider program principles, components, standards,

4171

procedures for intake, diagnostic and assessment activities,

4172

treatment modalities, and case management.

4173

(d) Any provider who acts in good faith is immune from

4174

civil or criminal liability for his or her actions in connection

4175

with the assessment, treatment, or transportation of an

4176

intensive offender less than 13 years of age under ~~the~~

4177

~~provisions of~~ this chapter.

4178

(e)~~(j)~~ The following provisions shall apply to children in

4179

an intensive residential treatment program for offenders less

4180

than 13 years of age:

4181

1. A child shall begin participation in the conditional

4182

release component of the program based upon a determination made

4183

by the treatment provider and approved by the department.

4184

2. A child shall begin participation in the community

4185

supervision component of conditional release based upon a

4186

determination made by the treatment provider and approved by the

4187

department. The treatment provider shall give written notice of

4188

the determination to the circuit court having jurisdiction over

4189

the child. If the court does not respond with a written

4190

objection within 10 days, the child shall begin the conditional

4191

release component.

4192

3. A child shall be discharged from the program based upon

4193

a determination made by the treatment provider with the approval

4194

of the department.

4195

4. In situations where the department does not agree with

4196

the decision of the treatment provider, a reassessment shall be

4197

performed, and the department shall use ~~utilize~~ the reassessment

4198

determination to resolve the disagreement and make a final

4199

decision.

4200

(11)~~(4)~~ ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

4201

(a) Under ~~Pursuant to the provisions of~~ this section, the

4202

department shall implement the comprehensive assessment

4203

instrument for the treatment needs of children who are eligible

4204

for an intensive residential treatment program for offenders

4205

less than 13 years of age and for the assessment, which

4206

assessment shall include the criteria under subsection (1) s.

4207

~~985.03(7)~~ and shall also include, but not be limited to,

4208

evaluation of the child's:

4209

1. Amenability to treatment.

4210

2. Proclivity toward violence.

4211

3. Tendency toward gang involvement.

4212

4. Substance abuse or addiction and the level thereof.

4213

5. History of being a victim of child abuse or sexual

4214

abuse, or indication of sexual behavior dysfunction.

4215

6. Number and type of previous adjudications, findings of

4216

guilt, and convictions.

4217

7. Potential for rehabilitation.

4218

(b) The department shall contract with multiple

4219

individuals or not-for-profit organizations to perform the

4220

assessments and treatment, and shall ensure that the staff of

4221

each provider is ~~are~~ appropriately trained.

4222

4223

written procedure developed, in consultation with licensed

4224

treatment professionals, establishing conditions under which a

4225

child's blood and urine samples will be tested for substance

4226

abuse indications. ~~It is not unlawful for~~ The person receiving

4227

the test results may to divulge the test results to the relevant

4228

facility staff and department personnel;. however, such

4229

information is exempt from ~~the provisions of~~ ss. 119.01 and

4230

119.07(1) and s. 24(a), Art. I of the State Constitution.

4231

(d) Serologic blood test and urinalysis results obtained

4232

under ~~pursuant to~~ paragraph (c) are confidential, except that

4233

they may be shared with employees or officers of the department,

4234

the court, and any assessment or treatment provider and

4235

designated facility treating the child. No person to whom the

4236

results of a test have been disclosed under this section may

4237

disclose the test results to another person not authorized under

4238

this section.

4239

(e) The results of any serologic blood or urine test on a

4240

child who is eligible for an intensive residential treatment

4241

program for offenders less than 13 years of age shall become a

4242

part of that child's permanent medical file. Upon transfer of

4243

the child to any other designated treatment facility, such file

4244

shall be transferred in an envelope marked confidential. The

4245

results of any test designed to identify the human

4246

immunodeficiency virus, or its antigen or antibody, shall be

4247

accessible only to persons authorized ~~designated~~ by rule of the

4248

department. The provisions of such rule shall be consistent with

4249

the guidelines established by the Centers for Disease Control

4250

and Prevention.

4251

(f) A record of the assessment and treatment of each child

4252

who is eligible for an intensive residential treatment program

4253

for offenders less than 13 years of age shall be maintained by

4254

the provider, which shall include data pertaining to the child's

4255

treatment and such other information as may be required under

4256

rules of the department. Unless waived by express and informed

4257

consent by the child or the guardian or, if the child is

4258

deceased, by the child's personal representative or by the

4259

person who stands next in line of intestate succession, the

4260

privileged and confidential status of the clinical assessment

4261

and treatment record shall not be lost by either authorized or

4262

unauthorized disclosure to any person, organization, or agency.

4263

(g) The assessment and treatment record shall not be a

4264

public record, and no part of it shall be released, except that:

4265

1. The record shall be released to such persons and

4266

agencies as are designated by the child or the guardian.

4267

2. The record shall be released to persons authorized by

4268

order of court, excluding matters privileged by other provisions

4269

of law.

4270

3. The record or any part thereof shall be disclosed to a

4271

qualified researcher, as defined by rule; a staff member of the

4272

designated treatment facility; or an employee of the department

4273

when the administrator of the facility or the Secretary of

4274

Juvenile Justice deems it necessary for treatment of the child,

4275

maintenance of adequate records, compilation of treatment data,

4276

or evaluation of programs.

4277

4. Information from the assessment and treatment record

4278

may be used for statistical and research purposes if the

4279

information is abstracted in such a way as to protect the

4280

identity of individuals.

4281

(h) Notwithstanding other provisions of this section, the

4282

department may request, receive, and provide assessment and

4283

treatment information to facilitate treatment, rehabilitation,

4284

and continuity of care of any child who is eligible for an

4285

intensive residential treatment program for offenders less than

4286

13 years of age from any of the following:

4287

1. The Social Security Administration and the United

4288

States Department of Veterans Affairs.

4289

2. Law enforcement agencies, state attorneys, defense

4290

attorneys, and judges in regard to the child's status.

4291

3. Personnel in any facility in which the child may be

4292

placed.

4293

4. Community agencies and others expected to provide

4294

services to the child upon his or her return to the community.

4295

(i) Any law enforcement agency, designated treatment

4296

facility, governmental or community agency, or other entity that

4297

receives information under ~~pursuant to~~ this section shall

4298

maintain such information as a nonpublic record as otherwise

4299

provided herein.

4300

(j) Any agency, not-for-profit organization, or treatment

4301

professional who acts in good faith in releasing information

4302

under ~~pursuant to~~ this subsection shall not be subject to civil

4303

or criminal liability for such release.

4304

(k) Assessment and treatment records are confidential as

4305

described in this paragraph and exempt from ~~the provisions of~~ s.

4306

119.07(1) and s. 24(a), Art. I of the State Constitution.

4307

1. The department shall have full access to the assessment

4308

and treatment records to ensure coordination of services to the

4309

child.

4310

2. The principles of confidentiality of records as

4311

provided in s. 985.045 ~~985.05~~ shall apply to the assessment and

4312

treatment records of children who are eligible for an intensive

4313

residential treatment program for offenders less than 13 years

4314

of age.

4315

(l) For purposes of effective administration, accurate

4316

tracking and recordkeeping, and optimal treatment decisions,

4317

each assessment and treatment provider shall maintain a central

4318

identification file on each child it treats in the intensive

4319

residential treatment program for offenders less than 13 years

4320

of age.

4321

(m) The file of each child treated in the intensive

4322

residential treatment program for offenders less than 13 years

4323

of age shall contain, but is not limited to, pertinent children-

4324

in-need-of-services and delinquency record information

4325

maintained by the department; pertinent school records

4326

information on behavior, attendance, and achievement; and

4327

pertinent information on delinquency or children in need of

4328

services maintained by law enforcement agencies and the state

4329

attorney.

4330

(n) All providers under this section shall, as part of

4331

their contractual duties, collect, maintain, and report to the

4332

department all information necessary to comply with mandatory

4333

reporting pursuant to the promulgation of rules by the

4334

department for the implementation of intensive residential

4335

treatment programs for offenders less than 13 years of age and

4336

the monitoring and evaluation thereof.

4337

(o) The department is responsible for the development and

4338

maintenance of a statewide automated tracking system for

4339

children who are treated in an intensive residential treatment

4340

program for offenders less than 13 years of age.

4341

(12)~~(5)~~ DESIGNATED TREATMENT FACILITIES.--

4342

(a) Designated facilities shall be sited and constructed

4343

by the department, directly or by contract, pursuant to

4344

departmental rules, to ensure that facility design is compatible

4345

with treatment. The department is authorized to contract for the

4346

construction of the facilities and may also lease facilities.

4347

The number of beds per facility shall not exceed 25. An

4348

assessment of need for additional facilities shall be conducted

4349

prior to the siting or construction of more than one facility in

4350

any judicial circuit.

4351

(b) Designated facilities for an intensive residential

4352

treatment program for offenders less than 13 years of age shall

4353

be separate and secure facilities established under the

4354

authority of the department for the treatment of such children.

4355

4356

are eligible for an intensive residential treatment program for

4357

offenders less than 13 years of age shall be determined by the

4358

department. The department is authorized to contract for the

4359

provision of security.

4360

(d) With respect to the treatment of children who are

4361

eligible for an intensive residential treatment program for

4362

offenders less than 13 years of age under this section,

4363

designated facilities shall be immune from liability for civil

4364

damages except in instances when the failure to act in good

4365

faith results in serious injury or death, in which case

4366

liability shall be governed by s. 768.28.

4367

(e) Minimum standards and requirements for designated

4368

treatment facilities shall be contractually prescribed under

4369

~~pursuant to~~ subsection (8)~~(1)~~.

4370

Section 60. Section 985.312, Florida Statutes, is

4371

renumbered as section 985.486, Florida Statutes, and amended to

4372

read:

4373

985.486 ~~985.312~~ Intensive residential treatment programs

4374

for offenders less than 13 years of age; prerequisite for

4375

commitment.--No child who is eligible for commitment to an

4376

intensive residential treatment program for offenders less than

4377

13 years of age as established in s. 985.483(1) ~~985.03(7)~~, may

4378

be committed to any intensive residential treatment program for

4379

offenders less than 13 years of age as established in s. 985.483

4380

~~985.311~~, unless such program has been established by the

4381

department through existing resources or specific appropriation,

4382

for such program.

4383

Section 61. Section 985.309, Florida Statutes, is

4384

renumbered as section 985.489, Florida Statutes, and subsection

4385

(6) of that section is amended to read:

4386

985.489 ~~985.309~~ Boot camp for children.--

4387

(6) A boot camp operated by the department, a county, or a

4388

municipality must provide for the following minimum periods of

4389

participation:

4390

(a) A participant in a low-risk residential program must

4391

spend at least 2 months in the boot camp component of the

4392

program. Conditional release assessment and services shall be

4393

provided in accordance with s. 985.46 ~~985.316~~.

4394

(b) A participant in a moderate-risk residential program

4395

must spend at least 4 months in the boot camp component of the

4396

program. Conditional release assessment and services shall be

4397

provided in accordance with s. 985.46 ~~985.316~~.

4398

4399

This subsection does not preclude the operation of a program

4400

that requires the participants to spend more than 4 months in

4401

the boot camp component of the program or that requires the

4402

participants to complete two sequential programs of 4 months

4403

each in the boot camp component of the program.

4404

Section 62. Section 985.314, Florida Statutes, is

4405

renumbered as section 985.494, Florida Statutes, and amended to

4406

read:

4407

985.494 ~~985.314~~ Commitment programs for juvenile felony

4408

offenders.--

4409

(1) Notwithstanding any other law and regardless of the

4410

child's age, a child who is adjudicated delinquent, or for whom

4411

adjudication is withheld, for an act that would be a felony if

4412

committed by an adult, shall be committed to:

4413

(a) A boot camp program under s. 985.489 ~~985.309~~ if the

4414

child has participated in an early delinquency intervention

4415

program as provided in s. 985.61 ~~985.305~~.

4416

(b) A program for serious or habitual juvenile offenders

4417

under s. 985.47 ~~985.31~~ or an intensive residential treatment

4418

program for offenders less than 13 years of age under s. 985.483

4419

~~985.311~~, if the child has participated in an early delinquency

4420

intervention program and has completed a boot camp program.

4421

4422

participated in an early delinquency intervention program, has

4423

completed a boot camp program, and has completed a program for

4424

serious or habitual juvenile offenders or an intensive

4425

residential treatment program for offenders less than 13 years

4426

of age. The commitment of a child to a maximum-risk residential

4427

program must be for an indeterminate period, but may not exceed

4428

the maximum term of imprisonment that an adult may serve for the

4429

same offense.

4430

(2) In committing a child to the appropriate program, the

4431

court may consider an equivalent program of similar intensity as

4432

being comparable to a program required under subsection (1).

4433

Section 63. Section 985.511, Florida Statutes, is created

4434

to read:

4435

985.511 Costs of representation.--The responsibilities of

4436

the parents or legal guardian of the child to pay costs

4437

associated with the representation of the child are prescribed

4438

under s. 985.033.

4439

Section 64. Section 985.204, Florida Statutes, is

4440

renumbered as section 985.512, Florida Statutes.

4441

Section 65. Paragraph (e) of subsection (1) of section

4442

985.231, Florida Statutes, is amended and renumbered as

4443

subsection (2) of section 985.513, Florida Statutes, which is

4444

created to read:

4445

985.513 Powers of the court over parent or guardian at

4446

disposition.--

4447

(1) The court that has jurisdiction over an adjudicated

4448

delinquent child may, by an order stating the facts upon which a

4449

determination of a sanction and rehabilitative program was made

4450

at the disposition hearing:

4451

(a) Order the child's parent or guardian together with the

4452

child to render community service in a public service program or

4453

to participate in a community work project. In addition to the

4454

sanctions imposed on the child, the court may order the child's

4455

parent or guardian to perform community service if the court

4456

finds that the parent or guardian did not make a diligent and

4457

good faith effort to prevent the child from engaging in

4458

delinquent acts.

4459

(b) Order the parent or guardian to make restitution in

4460

money or in kind for any damage or loss caused by the child's

4461

offense. The court may also require the child's parent or legal

4462

guardian to be responsible for any restitution ordered against

4463

the child, as provided under s. 985.437. The court shall

4464

determine a reasonable amount or manner of restitution, and

4465

payment shall be made to the clerk of the circuit court as

4466

provided in s. 985.437. The court may retain jurisdiction, as

4467

provided under s. 985.0301, over the child and the child's

4468

parent or legal guardian whom the court has ordered to pay

4469

restitution until the restitution order is satisfied or the

4470

court orders otherwise.

4471

~~(1)~~

4472

(2)~~(e)~~ Notwithstanding whether adjudication is imposed or

4473

withheld ~~In carrying out the provisions of this part~~, the court

4474

may order the natural parents or legal custodian or guardian of

4475

a child who is found to have committed a delinquent act to

4476

participate in family counseling and other professional

4477

counseling activities deemed necessary for the rehabilitation of

4478

the child or to enhance their ability to provide the child with

4479

adequate support, guidance, and supervision. The court may also

4480

order that the parent, custodian, or guardian support the child

4481

and participate with the child in fulfilling a court-imposed

4482

sanction. In addition, the court may use its contempt powers to

4483

enforce a court-imposed sanction.

4484

Section 66. Section 985.514, Florida Statutes, is created

4485

to read:

4486

985.514 Responsibility for cost of care; fees.--

4487

(1) When any child is placed into secure or home detention

4488

care or into other placement for the purpose of being supervised

4489

by the department pursuant to a court order following a

4490

detention hearing, the court shall order the child's parents to

4491

pay fees to the department as provided in s. 985.039.

4492

(2) When any child is found by the court to have committed

4493

a delinquent act and is placed on probation, regardless of

4494

adjudication, under the supervision of or in the temporary legal

4495

custody of the department, the court shall order the child's

4496

parents to pay fees to the department as provided in s. 985.039.

4497

(3) When the court under s. 985.565 orders any child

4498

prosecuted as an adult to be supervised by or committed to the

4499

department for treatment in any of the department's programs for

4500

children, the court shall order the child's parents to pay fees

4501

as provided in s. 985.039.

4502

Section 67. Section 985.234, Florida Statutes, is

4503

renumbered as section 985.534, Florida Statutes, and subsection

4504

(1) of that section is amended to read:

4505

985.534 ~~985.234~~ Appeal.--

4506

(1) An appeal from an order of the court affecting a party

4507

to a case involving a child under ~~pursuant to~~ this chapter ~~part~~

4508

may be taken to the appropriate district court of appeal within

4509

the time and in the manner prescribed by s. 924.051 and the

4510

Florida Rules of Appellate Procedure by:

4511

(a) Any child, and any parent or legal guardian or

4512

custodian of any child.

4513

(b) The state, which may appeal from:

4514

1. An order dismissing a petition or any section thereof;

4515

2. An order granting a new adjudicatory hearing;

4516

3. An order arresting judgment;

4517

4. A ruling on a question of law when the child is

4518

adjudicated delinquent and appeals from the judgment;

4519

5. The disposition, on the ground that it is illegal;

4520

6. A judgment discharging a child on habeas corpus;

4521

7. An order adjudicating a child insane under the Florida

4522

Rules of Juvenile Procedure; and

4523

8. All other preadjudicatory hearings, except that the

4524

state may not take more than one appeal under this subsection in

4525

any case.

4526

4527

In the case of an appeal by the state, the notice of appeal

4528

shall be filed by the appropriate state attorney or his or her

4529

authorized assistant under ~~pursuant to the provisions of~~ s.

4530

27.18. Such an appeal shall embody all assignments of error in

4531

each preadjudicatory hearing order that the state seeks to have

4532

reviewed. The state shall pay all costs of the appeal except for

4533

the child's attorney's fee.

4534

Section 68. Sections 985.235 and 985.236, Florida

4535

Statutes, are renumbered, respectively, as sections 985.535 and

4536

985.536, Florida Statutes.

4537

Section 69. Section 985.226, Florida Statutes, is

4538

renumbered as section 985.556, Florida Statutes, and amended to

4539

read:

4540

985.556 ~~985.226~~ Waiver of juvenile court jurisdiction;

4541

hearing ~~Criteria for waiver of juvenile court jurisdiction;~~

4542

~~hearing on motion to transfer for prosecution as an adult~~.--

4543

(1) VOLUNTARY WAIVER.--The court shall transfer and

4544

certify a child's criminal case for trial as an adult if the

4545

child is alleged to have committed a violation of law and, prior

4546

to the commencement of an adjudicatory hearing, the child,

4547

joined by a parent or, in the absence of a parent, by the

4548

guardian or guardian ad litem, demands in writing to be tried as

4549

an adult. Once a child has been transferred for criminal

4550

prosecution pursuant to a voluntary waiver hearing and has been

4551

found to have committed the presenting offense or a lesser

4552

included offense, the child shall be handled thereafter in every

4553

respect as an adult for any subsequent violation of state law,

4554

unless the court imposes juvenile sanctions under s. 985.565

4555

~~985.233~~(4)(b).

4556

(2) INVOLUNTARY DISCRETIONARY WAIVER.--

4557

~~(a) Discretionary waiver.--~~Except as provided in

4558

subsection (3) ~~paragraph (b)~~, the state attorney may file a

4559

motion requesting the court to transfer the child for criminal

4560

prosecution if the child was 14 years of age or older at the

4561

time the alleged delinquent act or violation of law was

4562

committed.

4563

(3) INVOLUNTARY MANDATORY WAIVER.--

4564

~~(b) Mandatory waiver.--~~

4565

(a)1. If the child was 14 years of age or older, and if

4566

the child has been previously adjudicated delinquent for an act

4567

classified as a felony, which adjudication was for the

4568

commission of, attempt to commit, or conspiracy to commit

4569

murder, sexual battery, armed or strong-armed robbery,

4570

carjacking, home-invasion robbery, aggravated battery,

4571

aggravated assault, or burglary with an assault or battery, and

4572

the child is currently charged with a second or subsequent

4573

violent crime against a person; or

4574

(b)2. If the child was 14 years of age or older at the

4575

time of commission of a fourth or subsequent alleged felony

4576

offense and the child was previously adjudicated delinquent or

4577

had adjudication withheld for or was found to have committed, or

4578

to have attempted or conspired to commit, three offenses that

4579

are felony offenses if committed by an adult, and one or more of

4580

such felony offenses involved the use or possession of a firearm

4581

or violence against a person;

4582

4583

the state attorney shall request the court to transfer and

4584

certify the child for prosecution as an adult or shall provide

4585

written reasons to the court for not making such request, or

4586

proceed under ~~pursuant to~~ s. 985.557 ~~985.227~~(1). Upon the state

4587

attorney's request, the court shall either enter an order

4588

transferring the case and certifying the case for trial as if

4589

the child were an adult or provide written reasons for not

4590

issuing such an order.

4591

(4)~~(3)~~ WAIVER HEARING.--

4592

(a) Within 7 days, excluding Saturdays, Sundays, and legal

4593

holidays, after the date a petition alleging that a child has

4594

committed a delinquent act or violation of law has been filed,

4595

or later with the approval of the court, but before an

4596

adjudicatory hearing and after considering the recommendation of

4597

the juvenile probation officer, the state attorney may file a

4598

motion requesting the court to transfer the child for criminal

4599

prosecution.

4600

(b) After the filing of the motion of the state attorney,

4601

summonses must be issued and served in conformity with s.

4602

985.319 ~~985.219~~. A copy of the motion and a copy of the

4603

delinquency petition, if not already served, must be attached to

4604

each summons.

4605

4606

request motions for the purpose of determining whether a child

4607

should be transferred. In making its determination, the court

4608

shall consider:

4609

1. The seriousness of the alleged offense to the community

4610

and whether the protection of the community is best served by

4611

transferring the child for adult sanctions.

4612

2. Whether the alleged offense was committed in an

4613

aggressive, violent, premeditated, or willful manner.

4614

3. Whether the alleged offense was against persons or

4615

against property, greater weight being given to offenses against

4616

persons, especially if personal injury resulted.

4617

4. The probable cause as found in the report, affidavit,

4618

or complaint.

4619

5. The desirability of trial and disposition of the entire

4620

offense in one court when the child's associates in the alleged

4621

crime are adults or children who are to be tried as adults.

4622

6. The sophistication and maturity of the child.

4623

7. The record and previous history of the child,

4624

including:

4625

a. Previous contacts with the department, the Department

4626

of Corrections, the former Department of Health and

4627

Rehabilitative Services, the Department of Children and Family

4628

Services, other law enforcement agencies, and courts;

4629

b. Prior periods of probation;

4630

c. Prior adjudications that the child committed a

4631

delinquent act or violation of law, greater weight being given

4632

if the child has previously been found by a court to have

4633

committed a delinquent act or violation of law involving an

4634

offense classified as a felony or has twice previously been

4635

found to have committed a delinquent act or violation of law

4636

involving an offense classified as a misdemeanor; and

4637

d. Prior commitments to institutions.

4638

8. The prospects for adequate protection of the public and

4639

the likelihood of reasonable rehabilitation of the child, if the

4640

child is found to have committed the alleged offense, by the use

4641

of procedures, services, and facilities currently available to

4642

the court.

4643

(d) Prior to a hearing on the transfer request motion by

4644

the state attorney, a study and report to the court relevant to

4645

the factors in paragraph (c) must be made in writing by an

4646

authorized agent of the department. The child and the child's

4647

parents or legal guardians and counsel and the state attorney

4648

shall have the right to examine these reports and to question

4649

the parties responsible for them at the hearing.

4650

(e) Any decision to transfer a child for criminal

4651

prosecution must be in writing and include consideration of, and

4652

findings of fact with respect to, all criteria in paragraph (c).

4653

The court shall render an order including a specific finding of

4654

fact and the reasons for a decision to impose adult sanctions.

4655

The order shall be reviewable on appeal under s. 985.534 ~~985.234~~

4656

and the Florida Rules of Appellate Procedure.

4657

(5)~~(4)~~ EFFECT OF ORDER WAIVING JURISDICTION.--

4658

(a) Once a child has been transferred for criminal

4659

prosecution pursuant to an involuntary waiver hearing and has

4660

been found to have committed the presenting offense or a lesser

4661

included offense, the child shall thereafter be handled in every

4662

respect as an adult for any subsequent violation of state law,

4663

unless the court imposes juvenile sanctions under s. 985.565

4664

~~985.233~~.

4665

(b) When a child is transferred for criminal prosecution

4666

as an adult, the court shall immediately transfer and certify to

4667

the adult circuit court all felony cases pertaining to the

4668

child, for prosecution of the child as an adult, which have not

4669

yet resulted in a plea of guilty or nolo contendere or in which

4670

a finding of guilt has not been made. If the child is acquitted

4671

of all charged offenses or lesser included offenses contained in

4672

the original case transferred to adult court, all felony cases

4673

that were transferred to adult court under ~~pursuant to~~ this

4674

paragraph shall be subject to the same penalties such cases were

4675

subject to before being transferred to adult court.

4676

Section 70. Section 985.227, Florida Statutes, is

4677

renumbered as section 985.557, Florida Statutes, and amended to

4678

read:

4679

985.557 ~~985.227~~ ~~Prosecution of juveniles as adults by the~~

4680

Direct filing of an information ~~in the criminal division of the~~

4681

~~circuit court~~; discretionary and ~~criteria;~~ mandatory criteria.--

4682

(1) DISCRETIONARY DIRECT FILE~~; CRITERIA~~.--

4683

(a) With respect to any child who was 14 or 15 years of

4684

age at the time the alleged offense was committed, the state

4685

attorney may file an information when in the state attorney's

4686

judgment and discretion the public interest requires that adult

4687

sanctions be considered or imposed and when the offense charged

4688

is for the commission of, attempt to commit, or conspiracy to

4689

commit:

4690

1. Arson;

4691

2. Sexual battery;

4692

3. Robbery;

4693

4. Kidnapping;

4694

5. Aggravated child abuse;

4695

6. Aggravated assault;

4696

7. Aggravated stalking;

4697

8. Murder;

4698

9. Manslaughter;

4699

10. Unlawful throwing, placing, or discharging of a

4700

destructive device or bomb;

4701

11. Armed burglary in violation of s. 810.02(2)(b) or

4702

specified burglary of a dwelling or structure in violation of s.

4703

810.02(2)(c), or burglary with an assault or battery in

4704

violation of s. 810.02(2)(a);

4705

12. Aggravated battery;

4706

13. Any lewd or lascivious offense committed upon or in

4707

the presence of a person less than 16 years of age;

4708

14. Carrying, displaying, using, threatening, or

4709

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

4710

felony;

4711

15. Grand theft in violation of s. 812.014(2)(a);

4712

16. Possessing or discharging any weapon or firearm on

4713

school property in violation of s. 790.115;

4714

17. Home invasion robbery;

4715

18. Carjacking; or

4716

19. Grand theft of a motor vehicle in violation of s.

4717

812.014(2)(c)6. or grand theft of a motor vehicle valued at

4718

$20,000 or more in violation of s. 812.014(2)(b) if the child

4719

has a previous adjudication for grand theft of a motor vehicle

4720

in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

4721

(b) With respect to any child who was 16 or 17 years of

4722

age at the time the alleged offense was committed, the state

4723

attorney may file an information when in the state attorney's

4724

judgment and discretion the public interest requires that adult

4725

sanctions be considered or imposed. However, the state attorney

4726

may not file an information on a child charged with a

4727

misdemeanor, unless the child has had at least two previous

4728

adjudications or adjudications withheld for delinquent acts, one

4729

of which involved an offense classified as a felony under state

4730

law.

4731

(2) MANDATORY DIRECT FILE.--

4732

(a) With respect to any child who was 16 or 17 years of

4733

age at the time the alleged offense was committed, the state

4734

attorney shall file an information if the child has been

4735

previously adjudicated delinquent for an act classified as a

4736

felony, which adjudication was for the commission of, attempt to

4737

commit, or conspiracy to commit murder, sexual battery, armed or

4738

strong-armed robbery, carjacking, home-invasion robbery,

4739

aggravated battery, or aggravated assault, and the child is

4740

currently charged with a second or subsequent violent crime

4741

against a person.

4742

(b) With respect to any child 16 or 17 years of age at the

4743

time an offense classified as a forcible felony, as defined in

4744

s. 776.08, was committed, the state attorney shall file an

4745

information if the child has previously been adjudicated

4746

delinquent or had adjudication withheld for three acts

4747

classified as felonies each of which occurred at least 45 days

4748

apart from each other. This paragraph does not apply when the

4749

state attorney has good cause to believe that exceptional

4750

circumstances exist which preclude the just prosecution of the

4751

juvenile in adult court.

4752

4753

child, regardless of the child's age at the time the alleged

4754

offense was committed, is alleged to have committed an act that

4755

would be a violation of law if the child were an adult, that

4756

involves stealing a motor vehicle, including, but not limited

4757

to, a violation of s. 812.133, relating to carjacking, or s.

4758

812.014(2)(c)6., relating to grand theft of a motor vehicle, and

4759

while the child was in possession of the stolen motor vehicle

4760

the child caused serious bodily injury to or the death of a

4761

person who was not involved in the underlying offense. For

4762

purposes of this section, the driver and all willing passengers

4763

in the stolen motor vehicle at the time such serious bodily

4764

injury or death is inflicted shall also be subject to mandatory

4765

transfer to adult court. "Stolen motor vehicle," for the

4766

purposes of this section, means a motor vehicle that has been

4767

the subject of any criminal wrongful taking. For purposes of

4768

this section, "willing passengers" means all willing passengers

4769

who have participated in the underlying offense.

4770

(d)1. With respect to any child who was 16 or 17 years of

4771

age at the time the alleged offense was committed, the state

4772

attorney shall file an information if the child has been charged

4773

with committing or attempting to commit an offense listed in s.

4774

775.087(2)(a)1.a.-q., and, during the commission of or attempt

4775

to commit the offense, the child:

4776

a. Actually possessed a firearm or destructive device, as

4777

those terms are defined in s. 790.001.

4778

b. Discharged a firearm or destructive device, as

4779

described in s. 775.087(2)(a)2.

4780

c. Discharged a firearm or destructive device, as

4781

described in s. 775.087(2)(a)3., and, as a result of the

4782

discharge, death or great bodily harm was inflicted upon any

4783

person.

4784

2. Upon transfer, any child who is:

4785

a. Charged under ~~pursuant to~~ sub-subparagraph 1.a. and who

4786

has been previously adjudicated or had adjudication withheld for

4787

a forcible felony offense or any offense involving a firearm, or

4788

who has been previously placed in a residential commitment

4789

program, shall be subject to sentencing under s. 775.087(2)(a),

4790

notwithstanding s. 985.565 ~~985.233~~.

4791

b. Charged under ~~pursuant to~~ sub-subparagraph 1.b. or sub-

4792

subparagraph 1.c., shall be subject to sentencing under s.

4793

775.087(2)(a), notwithstanding s. 985.565 ~~985.233~~.

4794

3. Upon transfer, any child who is charged under ~~pursuant~~

4795

to this paragraph, but who does not meet the requirements

4796

specified in subparagraph 2., shall be sentenced under ~~pursuant~~

4797

to s. 985.565 ~~985.233~~; however, if the court imposes a juvenile

4798

sanction, the court must commit the child to a high-risk or

4799

maximum-risk juvenile facility.

4800

4. This paragraph shall not apply if the state attorney

4801

has good cause to believe that exceptional circumstances exist

4802

that ~~which~~ preclude the just prosecution of the child in adult

4803

court.

4804

5. The Department of Corrections shall make every

4805

reasonable effort to ensure that any child 16 or 17 years of age

4806

who is convicted and sentenced under this paragraph be

4807

completely separated such that there is no physical contact with

4808

adult offenders in the facility, to the extent that it is

4809

consistent with chapter 958.

4810

(3) EFFECT OF DIRECT FILE.--

4811

(a) Once a child has been transferred for criminal

4812

prosecution pursuant to an information and has been found to

4813

have committed the presenting offense or a lesser included

4814

offense, the child shall be handled thereafter in every respect

4815

as if an adult for any subsequent violation of state law, unless

4816

the court imposes juvenile sanctions under s. 985.565 ~~985.233~~.

4817

(b) When a child is transferred for criminal prosecution

4818

as an adult, the court shall immediately transfer and certify to

4819

the adult circuit court all felony cases pertaining to the

4820

child, for prosecution of the child as an adult, which have not

4821

yet resulted in a plea of guilty or nolo contendere or in which

4822

a finding of guilt has not been made. If a child is acquitted of

4823

all charged offenses or lesser included offenses contained in

4824

the original case transferred to adult court, all felony cases

4825

that were transferred to adult court as a result of this

4826

paragraph shall be subject to the same penalties to which such

4827

cases would have been subject before being transferred to adult

4828

court.

4829

4830

prosecution as an adult and has been found to have committed a

4831

violation of state law, the disposition of the case may be made

4832

under s. 985.565 ~~985.233~~ and may include the enforcement of any

4833

restitution ordered in any juvenile proceeding.

4834

(4) DIRECT-FILE POLICIES AND GUIDELINES.--Each state

4835

attorney shall develop written policies and guidelines to govern

4836

determinations for filing an information on a juvenile, to be

4837

submitted to the Executive Office of the Governor, the President

4838

of the Senate, and the Speaker of the House of Representatives

4839

not later than January 1 of each year.

4840

(5) An information filed pursuant to this section may

4841

include all charges that are based on the same act, criminal

4842

episode, or transaction as the primary offenses.

4843

Section 71. Section 985.225, Florida Statutes, is

4844

renumbered as section 985.56, Florida Statutes, and amended to

4845

read:

4846

985.56 ~~985.225~~ Indictment of a juvenile.--

4847

(1) A child of any age who is charged with a violation of

4848

state law punishable by death or by life imprisonment is subject

4849

to the jurisdiction of the court as set forth in s. 985.0301(2)

4850

~~985.219(8)~~ unless and until an indictment on the charge is

4851

returned by the grand jury. When such indictment is returned,

4852

the petition for delinquency, if any, must be dismissed and the

4853

child must be tried and handled in every respect as an adult:

4854

(a) On the offense punishable by death or by life

4855

imprisonment; and

4856

(b) On all other felonies or misdemeanors charged in the

4857

indictment which are based on the same act or transaction as the

4858

offense punishable by death or by life imprisonment or on one or

4859

more acts or transactions connected with the offense punishable

4860

by death or by life imprisonment.

4861

(2) An adjudicatory hearing may not be held until 21 days

4862

after the child is taken into custody and charged with having

4863

committed an offense punishable by death or by life

4864

imprisonment, unless the state attorney advises the court in

4865

writing that he or she does not intend to present the case to

4866

the grand jury, or has presented the case to the grand jury and

4867

the grand jury has not returned an indictment. If the court

4868

receives such a notice from the state attorney, or if the grand

4869

jury fails to act within the 21-day period, the court may

4870

proceed as otherwise authorized under this part.

4871

(3) If the child is found to have committed the offense

4872

punishable by death or by life imprisonment, the child shall be

4873

sentenced as an adult. If the juvenile is not found to have

4874

committed the indictable offense but is found to have committed

4875

a lesser included offense or any other offense for which he or

4876

she was indicted as a part of the criminal episode, the court

4877

may sentence under ~~pursuant to~~ s. 985.565 ~~985.233~~.

4878

(4)(a) Once a child has been indicted pursuant to this

4879

section ~~subsection~~ and has been found to have committed any

4880

offense for which he or she was indicted as a part of the

4881

criminal episode, the child shall be handled thereafter in every

4882

respect as if an adult for any subsequent violation of state

4883

law, unless the court imposes juvenile sanctions under s.

4884

985.565 ~~985.233~~.

4885

(b) When a child has been indicted pursuant to this

4886

section, ~~subsection~~ the court shall immediately transfer and

4887

certify to the adult circuit court all felony cases pertaining

4888

to the child, for prosecution of the child as an adult, which

4889

have not yet resulted in a plea of guilty or nolo contendere or

4890

in which a finding of guilt has not been made. If the child is

4891

acquitted of all charged offenses or lesser included offenses

4892

contained in the indictment case, all felony cases that were

4893

transferred to adult court pursuant to this paragraph shall be

4894

subject to the same penalties such cases were subject to before

4895

being transferred to adult court.

4896

Section 72. Subsections (1) through (4) of section

4897

985.233, Florida Statutes, are renumbered, respectively, as

4898

subsections (1) through (3) and paragraphs (c) and (d) of

4899

subsection (4) of section 985.565, Florida Statutes, and

4900

paragraphs (a), (b), (c), (e), and (f) of subsection (4) of

4901

section 985.233, Florida Statutes, are amended and renumbered,

4902

respectively, as paragraphs (a), (b), and (e) of subsection (4)

4903

of section 985.565, Florida Statutes, to read:

4904

985.565 ~~985.233~~ Sentencing powers; procedures;

4905

alternatives for juveniles prosecuted as adults.--

4906

(4) SENTENCING ALTERNATIVES.--

4907

(a) ~~Sentencing to~~ Adult sanctions.--

4908

1. Cases prosecuted on indictment.--If the child is found

4909

to have committed the offense punishable by death or life

4910

imprisonment, the child shall be sentenced as an adult. If the

4911

juvenile is not found to have committed the indictable offense

4912

but is found to have committed a lesser included offense or any

4913

other offense for which he or she was indicted as a part of the

4914

criminal episode, the court may sentence as follows:

4915

a. As an adult;

4916

b. Under ~~Pursuant to~~ chapter 958; or

4917

c. As a juvenile under ~~pursuant to~~ this section.

4918

2. Other cases.--If a child who has been transferred for

4919

criminal prosecution pursuant to information or waiver of

4920

juvenile court jurisdiction is found to have committed a

4921

violation of state law or a lesser included offense for which he

4922

or she was charged as a part of the criminal episode, the court

4923

may sentence as follows:

4924

a. As an adult;

4925

b. Under ~~Pursuant to~~ chapter 958; or

4926

c. As a juvenile under ~~pursuant to~~ this section.

4927

3. Notwithstanding any other provision to the contrary, if

4928

the state attorney is required to file a motion to transfer and

4929

certify the juvenile for prosecution as an adult under ~~pursuant~~

4930

to s. 985.556(3) ~~985.226(2)(b)~~ and that motion is granted, or if

4931

the state attorney is required to file an information under

4932

~~pursuant to~~ s. 985.557 ~~985.227~~(2)(a) or (b), the court must

4933

impose adult sanctions.

4934

4. Any sentence imposing adult sanctions is presumed

4935

appropriate, and the court is not required to set forth specific

4936

findings or enumerate the criteria in this subsection as any

4937

basis for its decision to impose adult sanctions.

4938

5. When a child has been transferred for criminal

4939

prosecution as an adult and has been found to have committed a

4940

violation of state law, the disposition of the case may include

4941

the enforcement of any restitution ordered in any juvenile

4942

proceeding.

4943

(b) ~~Sentencing to~~ Juvenile sanctions.--For juveniles

4944

transferred to adult court but who do not qualify for such

4945

transfer under ~~pursuant to~~ s. 985.556(3) ~~985.226(2)(b)~~ or s.

4946

985.557 ~~985.227~~(2)(a) or (b), the court may impose juvenile

4947

sanctions under this paragraph. If juvenile sentences are

4948

imposed, the court shall, under ~~pursuant to~~ this paragraph,

4949

adjudge the child to have committed a delinquent act.

4950

Adjudication of delinquency shall not be deemed a conviction,

4951

nor shall it operate to impose any of the civil disabilities

4952

ordinarily resulting from a conviction. The court shall impose

4953

an adult sanction or a juvenile sanction and may not sentence

4954

the child to a combination of adult and juvenile punishments. An

4955

adult sanction or a juvenile sanction may include enforcement of

4956

an order of restitution or probation previously ordered in any

4957

juvenile proceeding. However, if the court imposes a juvenile

4958

sanction and the department determines that the sanction is

4959

unsuitable for the child, the department shall return custody of

4960

the child to the sentencing court for further proceedings,

4961

including the imposition of adult sanctions. Upon adjudicating a

4962

child delinquent under subsection (1), the court may:

4963

1. Place the child in a probation program under the

4964

supervision of the department for an indeterminate period of

4965

time until the child reaches the age of 19 years or sooner if

4966

discharged by order of the court.

4967

2. Commit the child to the department for treatment in an

4968

appropriate program for children for an indeterminate period of

4969

time until the child is 21 or sooner if discharged by the

4970

department. The department shall notify the court of its intent

4971

to discharge no later than 14 days prior to discharge. Failure

4972

of the court to timely respond to the department's notice shall

4973

be considered approval for discharge.

4974

3. Order disposition under ss. 985.435, 985.437, 985.439,

4975

985.441, 985.445, 985.45, and 985.455 ~~pursuant to s. 985.231~~ as

4976

an alternative to youthful offender or adult sentencing if the

4977

court determines not to impose youthful offender or adult

4978

sanctions.

4979

4980

sanctions.--If a child proves not to be suitable to a commitment

4981

program, in a juvenile probation program, or treatment program

4982

under ~~the provisions of~~ paragraph (b), the department shall

4983

provide the sentencing court with a written report outlining the

4984

basis for its objections to the juvenile sanction and shall

4985

simultaneously provide a copy of the report to the state

4986

attorney and the defense counsel. The department shall schedule

4987

a hearing within 30 days. Upon hearing, the court may revoke the

4988

previous adjudication, impose an adjudication of guilt, and

4989

impose any sentence which it may lawfully impose, giving credit

4990

for all time spent by the child in the department. The court may

4991

also classify the child as a youthful offender under ~~pursuant to~~

4992

s. 958.04, if appropriate. For purposes of this paragraph, a

4993

child may be found not suitable to a commitment program,

4994

community control program, or treatment program under ~~the~~

4995

~~provisions of~~ paragraph (b) if the child commits a new violation

4996

of law while under juvenile sanctions, if the child commits any

4997

other violation of the conditions of juvenile sanctions, or if

4998

the child's actions are otherwise determined by the court to

4999

demonstrate a failure of juvenile sanctions.

5000

(d)~~(e)~~ Further proceedings heard in adult court.--When a

5001

child is sentenced to juvenile sanctions, further proceedings

5002

involving those sanctions shall continue to be heard in the

5003

adult court.

5004

(e)~~(f)~~ School attendance.--If the child is attending or is

5005

eligible to attend public school and the court finds that the

5006

victim or a sibling of the victim in the case is attending or

5007

may attend the same school as the child, the court placement

5008

order shall include a finding pursuant to the proceeding

5009

described in s. 985.455(2), regardless of whether adjudication

5010

is withheld ~~985.23(1)(d)~~.

5011

5012

It is the intent of the Legislature that the criteria and

5013

guidelines in this subsection are mandatory and that a

5014

determination of disposition under this subsection is subject to

5015

the right of the child to appellate review under s. 985.534

5016

~~985.234~~.

5017

Section 73. Section 985.417, Florida Statutes, is

5018

renumbered as section 985.57, Florida Statutes.

5019

Section 74. Subsections (1) through (3) and (6) through

5020

(11) of section 985.404, Florida Statutes, are renumbered as

5021

subsections (1) through (3) and (5) through (10) of section

5022

985.601, Florida Statutes, and subsections (4), (5), and (9) of

5023

that section are amended to read:

5024

985.601 ~~985.404~~ Administering the juvenile justice

5025

continuum.--

5026

~~(4) The department may transfer a child, when necessary to~~

5027

~~appropriately administer the child's commitment, from one~~

5028

~~facility or program to another facility or program operated,~~

5029

~~contracted, subcontracted, or designated by the department,~~

5030

~~including a postcommitment nonresidential conditional release~~

5031

~~program. The department shall notify the court that committed~~

5032

~~the child to the department and any attorney of record, in~~

5033

~~writing, of its intent to transfer the child from a commitment~~

5034

~~facility or program to another facility or program of a higher~~

5035

~~or lower restrictiveness level. The court that committed the~~

5036

~~child may agree to the transfer or may set a hearing to review~~

5037

~~the transfer. If the court does not respond within 10 days after~~

5038

~~receipt of the notice, the transfer of the child shall be deemed~~

5039

~~granted.~~

5040

(4)~~(5)~~ The department shall maintain continuing

5041

cooperation with the Department of Education, the Department of

5042

Children and Family Services, the Agency for Workforce

5043

Innovation ~~Department of Labor and Employment Security~~, and the

5044

Department of Corrections for the purpose of participating in

5045

agreements with respect to dropout prevention and the reduction

5046

of suspensions, expulsions, and truancy; increased access to and

5047

participation in GED, vocational, and alternative education

5048

programs; and employment training and placement assistance. The

5049

cooperative agreements between the departments shall include an

5050

interdepartmental plan to cooperate in accomplishing the

5051

reduction of inappropriate transfers of children into the adult

5052

criminal justice and correctional systems.

5053

(8)~~(9)~~ The department shall ensure that personnel

5054

responsible for the care, supervision, and individualized

5055

treatment of children are appropriately apprised of the

5056

requirements of this chapter ~~part~~ and trained in the specialized

5057

areas required to comply with standards established by rule.

5058

Section 75. Section 985.4043, Florida Statutes, is

5059

renumbered as section 985.6015, Florida Statutes, and subsection

5060

(1) of that section is amended to read:

5061

985.6015 ~~985.4043~~ Shared County/State Juvenile Detention

5062

Trust Fund.--

5063

(1) The Shared County/State Juvenile Detention Trust Fund

5064

is created within the department ~~of Juvenile Justice~~.

5065

Section 76. Section 985.3045, Florida Statutes, is

5066

renumbered as section 985.605, Florida Statutes, and subsections

5067

(2) and (3) of that section are amended to read:

5068

985.605 ~~985.3045~~ Prevention service program; monitoring;

5069

~~report;~~ uniform performance measures.--

5070

~~(2) No later than January 31, 2001, the prevention service~~

5071

~~program shall submit a report to the Governor, the Speaker of~~

5072

~~the House, and the President of the Senate concerning the~~

5073

~~implementation of a statewide multiagency plan to coordinate the~~

5074

~~efforts of all state-funded programs, grants, appropriations, or~~

5075

~~activities that are designed to prevent juvenile crime,~~

5076

~~delinquency, gang membership, or status offense behaviors and~~

5077

~~all state-funded programs, grants, appropriations, or activities~~

5078

~~that are designed to prevent a child from becoming a "child in~~

5079

~~need of services," as defined in chapter 984. The report shall~~

5080

~~include a proposal for a statewide coordinated multiagency~~

5081

~~juvenile delinquency prevention policy. In preparing the report,~~

5082

~~the department shall coordinate with and receive input from each~~

5083

~~state agency or entity that receives or uses state~~

5084

~~appropriations to fund programs, grants, appropriations, or~~

5085

~~activities that are designed to prevent juvenile crime,~~

5086

~~delinquency, gang membership, status offense, or that are~~

5087

~~designed to prevent a child from becoming a "child in need of~~

5088

~~services," as defined in chapter 984. The report shall identify~~

5089

~~whether legislation will be needed to effect a statewide plan to~~

5090

~~coordinate the efforts of all state-funded programs, grants,~~

5091

~~appropriations, or activities that are designed to prevent~~

5092

~~juvenile crime, delinquency, gang membership, or status offense~~

5093

~~behaviors and all state-funded programs, grants, appropriations,~~

5094

~~or activities that are designed to prevent a child from becoming~~

5095

~~a "child in need of services," as defined in chapter 984. The~~

5096

~~report shall consider the potential impact of requiring such~~

5097

~~state-funded efforts to target at least one of the following~~

5098

~~strategies designed to prevent youth from entering or reentering~~

5099

~~the juvenile justice system and track the associated outcome~~

5100

~~data:~~

5101

~~(a) Encouraging youth to attend school, which may include~~

5102

~~special assistance and tutoring to address deficiencies in~~

5103

~~academic performance; outcome data to reveal the number of days~~

5104

~~youth attended school while participating in the program.~~

5105

~~(b) Engaging youth in productive and wholesome activities~~

5106

~~during nonschool hours that build positive character or instill~~

5107

~~positive values, or that enhance educational experiences;~~

5108

~~outcome data to reveal the number of youth who are arrested~~

5109

~~during nonschool hours while participating in the program.~~

5110

~~(c) Encouraging youth to avoid the use of violence;~~

5111

~~outcome data to reveal the number of youth who are arrested for~~

5112

~~crimes involving violence while participating in the program.~~

5113

~~(d) Assisting youth to acquire skills needed to find~~

5114

~~meaningful employment, which may include assistance in finding a~~

5115

~~suitable employer for the youth; outcome data to reveal the~~

5116

~~number of youth who obtain and maintain employment for at least~~

5117

~~180 days.~~

5118

5119

~~The department is encouraged to identify additional strategies~~

5120

~~which may be relevant to preventing youth from becoming children~~

5121

~~in need of services and to preventing juvenile crime,~~

5122

~~delinquency, gang membership and status offense behaviors. The~~

5123

~~report shall consider the feasibility of developing uniform~~

5124

~~performance measures and methodology for collecting such outcome~~

5125

~~data to be utilized by all state-funded programs, grants,~~

5126

~~appropriations, or activities that are designed to prevent~~

5127

~~juvenile crime, delinquency, gang membership, or status offense~~

5128

~~behaviors and all state-funded programs, grants, appropriations,~~

5129

~~or activities that are designed to prevent a child from becoming~~

5130

~~a "child in need of services," as defined in chapter 984. The~~

5131

~~prevention service program is encouraged to identify other~~

5132

~~issues that may be of critical importance to preventing a child~~

5133

~~from becoming a child in need of services, as defined in chapter~~

5134

~~984, or to preventing juvenile crime, delinquency, gang~~

5135

~~membership, or status offense behaviors.~~

5136

(2)~~(3)~~ The department shall expend funds related to the

5137

prevention of juvenile delinquency in a manner consistent with

5138

the policies expressed in ss. 984.02 and 985.02. The department

5139

shall expend said funds in a manner that maximizes public

5140

accountability and ensures the documentation of outcomes.

5141

(a) All entities that receive or use state moneys to fund

5142

juvenile delinquency prevention services through contracts or

5143

grants with the department shall design the programs providing

5144

such services to further one or more of the following

5145

strategies: ~~specified in paragraphs (2)(a)-(d).~~

5146

1. Encouraging youth to attend school, which may include

5147

special assistance and tutoring to address deficiencies in

5148

academic performance and collecting outcome data to reveal the

5149

number of days youth attended school while participating in the

5150

program.

5151

2. Engaging youth in productive and wholesome activities

5152

during nonschool hours that build positive character, instill

5153

positive values, or enhance educational experiences and

5154

collecting outcome data to reveal the number of youths who are

5155

arrested during nonschool hours while participating in the

5156

program.

5157

3. Encouraging youth to avoid the use of violence and

5158

collecting outcome data to reveal the number of youths who are

5159

arrested for crimes involving violence while participating in

5160

the program.

5161

4. Assisting youth to acquire skills needed to find

5162

meaningful employment, which may include assistance in finding a

5163

suitable employer for the youth and collecting outcome data to

5164

reveal the number of youths who obtain and maintain employment

5165

for at least 180 days.

5166

(b) The department shall develop an outcome measure for

5167

each program strategy specified in paragraph (a) ~~paragraphs~~

5168

~~(2)(a)-(d)~~ that logically relates to the risk factor addressed

5169

by the strategy.

5170

5171

the juvenile delinquency prevention services through contracts

5172

or grants with the department shall, as a condition of receipt

5173

of state funds, provide the department with personal demographic

5174

information concerning all participants in the service

5175

sufficient to allow the department to verify criminal or

5176

delinquent history information, school attendance or academic

5177

information, employment information, or other requested

5178

performance information.

5179

Section 77. Section 985.3046, Florida Statutes, is

5180

renumbered as section 985.606, Florida Statutes, and amended to

5181

read:

5182

985.606 ~~985.3046~~ ~~Agencies and entities providing~~

5183

Prevention services providers; ~~collection of~~ performance data

5184

collection; reporting ~~requirements~~.--Each state agency or entity

5185

that receives or uses state appropriations to fund programs,

5186

grants, appropriations, or activities that are designed to

5187

prevent juvenile crime, delinquency, gang membership, status

5188

offense, or that are designed to prevent a child from becoming a

5189

"child in need of services," as defined in chapter 984, shall

5190

collect data relative to the performance of such activities and

5191

shall provide said data to the Governor, the President of the

5192

Senate, and the Speaker of the House no later than January 31st

5193

of each year for the preceding fiscal year~~, beginning in 2002~~.

5194

~~Further, each state agency or entity that receives or uses state~~

5195

~~appropriations to fund programs, grants, appropriations, or~~

5196

~~activities that are designed to prevent juvenile crime,~~

5197

~~delinquency, gang membership, status offense, or that are~~

5198

~~designed to prevent a child from becoming a "child in need of~~

5199

~~services," as defined in chapter 984, shall cooperate with the~~

5200

~~Department of Juvenile Justice with~~ ~~regard to the report~~

5201

~~described in s. 985.3045(2).~~

5202

Section 78. Section 985.305, Florida Statutes, is

5203

renumbered as section 985.61, Florida Statutes.

5204

Section 79. Section 985.2066, Florida Statutes, is

5205

renumbered as section 985.614, Florida Statutes, and amended to

5206

read:

5207

985.614 ~~985.2066~~ Children locked out of the home;

5208

interagency cooperation.--The department ~~of Juvenile Justice~~ and

5209

the Department of Children and Family Services shall encourage

5210

interagency cooperation within each circuit and shall develop

5211

comprehensive agreements between the staff and providers for

5212

each department in order to coordinate the services provided to

5213

children who are locked out of the home and the families of

5214

those children.

5215

Section 80. Section 985.315, Florida Statutes, is

5216

renumbered as section 985.618, Florida Statutes, and paragraph

5217

(b) of subsection (4) of that section is amended to read:

5218

985.618 ~~985.315~~ Educational and career-related programs.--

5219

(4)

5220

(b) Evaluations of juvenile educational and career-related

5221

programs shall be conducted according to the following

5222

guidelines:

5223

1. Systematic evaluations and quality assurance monitoring

5224

shall be implemented, in accordance with s. 985.632 ~~985.412~~(1),

5225

(2), and (5), to determine whether the programs are related to

5226

successful postrelease adjustments.

5227

2. Operations and policies of the programs shall be

5228

reevaluated to determine if they are consistent with their

5229

primary objectives.

5230

Section 81. Section 985.3155, Florida Statutes, is

5231

renumbered as section 985.622, Florida Statutes.

5232

Section 82. Section 985.317, Florida Statutes, is

5233

renumbered as section 985.625, Florida Statutes, and subsection

5234

(3) of that section is amended to read:

5235

985.625 ~~985.317~~ Literacy programs for juvenile

5236

offenders.--

5237

(3) INITIAL ASSESSMENT.--When an offender is admitted to a

5238

residential commitment facility, the department or a provider

5239

under contract with the department shall immediately assess

5240

whether the offender has achieved a sixth-grade or higher

5241

reading and writing level. An assessment may be conducted at a

5242

juvenile assessment center as provided in s. 985.135 ~~985.209~~ as

5243

a part of the intake process. If the department or a provider

5244

determines that an offender has not achieved a sixth-grade or

5245

higher reading and writing level, the offender shall participate

5246

in a program if the offender meets the criteria for

5247

participation.

5248

Section 83. Section 985.419, Florida Statutes, is

5249

renumbered as section 985.629, Florida Statutes.

5250

Section 84. Section 985.412, Florida Statutes, is

5251

renumbered as section 985.632, Florida Statutes.

5252

Section 85. Section 985.42, Florida Statutes, is

5253

renumbered as section 985.636, Florida Statutes.

5254

Section 86. Section 985.405, Florida Statutes, is

5255

renumbered as section 985.64, Florida Statutes, and that section

5256

is amended to read:

5257

985.64 ~~985.405~~ Rulemaking ~~Rules for implementation~~.--The

5258

department ~~of Juvenile Justice~~ shall adopt rules pursuant to ss.

5259

120.536(1) and 120.54 to implement the provisions of this

5260

chapter. Such rules may not conflict with the Florida Rules of

5261

Juvenile Procedure. All rules and policies must conform to

5262

accepted standards of care and treatment.

5263

Section 87. Subsection (2) of section 985.01, Florida

5264

Statutes, is renumbered as subsection (1) of section 985.644,

5265

Florida Statutes, and subsections (1) through (5) of section

5266

985.407, Florida Statutes, are renumbered as subsections (2)

5267

through (6) of section 985.644, Florida Statutes.

5268

Section 88. Section 985.408, Florida Statutes, is

5269

renumbered as section 985.648, Florida Statutes, and amended to

5270

read:

5271

985.648 ~~985.408~~ Consultants.--The department may hire

5272

consultants to advise and confer with the judges of the circuit

5273

courts upon request of any such court and for the purpose of

5274

advising the department on programs, facilities, institutions,

5275

care, supervision, and all other services and treatment for

5276

children committed to the department's care under ~~pursuant to~~

5277

this chapter ~~part~~.

5278

Section 89. Section 985.409, Florida Statutes, is

5279

renumbered as section 985.652, Florida Statutes.

5280

Section 90. Section 985.406, Florida Statutes, is

5281

renumbered as section 985.66, Florida Statutes, and paragraph

5282

(a) of subsection (3) of that section is amended to read:

5283

985.66 ~~985.406~~ Juvenile justice training academies

5284

~~established~~; Juvenile Justice Standards and Training Commission

5285

~~created~~; Juvenile Justice Training Trust Fund ~~created~~.--

5286

(3) JUVENILE JUSTICE TRAINING PROGRAM.--The commission

5287

shall establish a certifiable program for juvenile justice

5288

training pursuant to this section, and all department of

5289

~~Juvenile Justice~~ program staff and providers who deliver direct

5290

care services pursuant to contract with the department shall be

5291

required to participate in and successfully complete the

5292

commission-approved program of training pertinent to their areas

5293

of responsibility. Judges, state attorneys, and public

5294

defenders, law enforcement officers, and school district

5295

personnel may participate in such training program. For the

5296

juvenile justice program staff, the commission shall, based on a

5297

job-task analysis:

5298

(a) Design, implement, maintain, evaluate, and revise a

5299

basic training program, including a competency-based

5300

examination, for the purpose of providing minimum employment

5301

training qualifications for all juvenile justice personnel. All

5302

program staff of the department ~~of Juvenile Justice~~ and

5303

providers who deliver direct-care services who are hired after

5304

October 1, 1999, must meet the following minimum requirements:

5305

1. Be at least 19 years of age.

5306

2. Be a high school graduate or its equivalent as

5307

determined by the commission.

5308

3. Not have been convicted of any felony or a misdemeanor

5309

involving perjury or a false statement, or have received a

5310

dishonorable discharge from any of the Armed Forces of the

5311

United States. Any person who, after September 30, 1999, pleads

5312

guilty or nolo contendere to or is found guilty of any felony or

5313

a misdemeanor involving perjury or false statement is not

5314

eligible for employment, notwithstanding suspension of sentence

5315

or withholding of adjudication. Notwithstanding this

5316

subparagraph, any person who pled ~~pleads~~ nolo contendere to a

5317

misdemeanor involving a false statement before October 1, 1999,

5318

and who has had such record of that plea sealed or expunged is

5319

not ineligible for employment for that reason.

5320

4. Abide by all the provisions of s. 985.644(1) ~~985.01(2)~~

5321

regarding fingerprinting and background investigations and other

5322

screening requirements for personnel.

5323

5. Execute and submit to the department an affidavit-of-

5324

application form, adopted by the department, attesting to his or

5325

her compliance with subparagraphs 1.-4. The affidavit must be

5326

executed under oath and constitutes an official statement under

5327

s. 837.06. The affidavit must include conspicuous language that

5328

the intentional false execution of the affidavit constitutes a

5329

misdemeanor of the second degree. The employing agency shall

5330

retain the affidavit.

5331

Section 91. Section 985.4135, Florida Statutes, is

5332

renumbered as section 985.664, Florida Statutes, and subsection

5333

(5) of that section is amended to read:

5334

985.664 ~~985.4135~~ Juvenile justice circuit boards and

5335

juvenile justice county councils.--

5336

(5) Juvenile justice circuit boards and county councils

5337

shall advise and assist the department in the evaluation and

5338

award of prevention and early intervention grant programs,

5339

including the Community Juvenile Justice Partnership Grant

5340

program established in s. 985.676 ~~985.415~~ and proceeds from the

5341

Invest in Children license plate annual use fees.

5342

Section 92. Sections 985.416 and 985.4145, Florida

5343

Statutes, are renumbered, respectively, as sections 985.668 and

5344

985.672, Florida Statutes.

5345

Section 93. Section 985.415, Florida Statutes, is

5346

renumbered as section 985.676, Florida Statutes, and paragraph

5347

(a) of subsection (1) and paragraphs (a) and (e) of subsection

5348

(2) of that section are amended to read:

5349

985.676 ~~985.415~~ Community juvenile justice partnership

5350

grants.--

5351

(1) GRANTS; CRITERIA.--

5352

(a) In order to encourage the development of county and

5353

circuit juvenile justice plans and the development and

5354

implementation of county and circuit interagency agreements

5355

under ~~pursuant to~~ s. 985.664 ~~985.4135~~, the community juvenile

5356

justice partnership grant program is established, and shall be

5357

administered by the department ~~of Juvenile Justice~~.

5358

(2) GRANT APPLICATION PROCEDURES.--

5359

(a) Each entity wishing to apply for an annual community

5360

juvenile justice partnership grant, which may be renewed for a

5361

maximum of 2 additional years for the same provision of

5362

services, shall submit a grant proposal for funding or continued

5363

funding to the department. The department shall establish the

5364

grant application procedures. In order to be considered for

5365

funding, the grant proposal shall include the following

5366

assurances and information:

5367

1. A letter from the chair of the juvenile justice circuit

5368

board confirming that the grant application has been reviewed

5369

and found to support one or more purposes or goals of the

5370

juvenile justice plan as developed by the board.

5371

2. A rationale and description of the program and the

5372

services to be provided, including goals and objectives.

5373

3. A method for identification of the juveniles most

5374

likely to be involved in the juvenile justice system who will be

5375

the focus of the program.

5376

4. Provisions for the participation of parents and

5377

guardians in the program.

5378

5. Coordination with other community-based and social

5379

service prevention efforts, including, but not limited to, drug

5380

and alcohol abuse prevention and dropout prevention programs,

5381

that serve the target population or neighborhood.

5382

6. An evaluation component to measure the effectiveness of

5383

the program in accordance with ~~the provisions of~~ s. 985.632

5384

~~985.412~~.

5385

7. A program budget, including the amount and sources of

5386

local cash and in-kind resources committed to the budget. The

5387

proposal must establish to the satisfaction of the department

5388

that the entity will make a cash or in-kind contribution to the

5389

program of a value that is at least equal to 20 percent of the

5390

amount of the grant.

5391

8. The necessary program staff.

5392

(e) Each entity that is awarded a grant as provided for in

5393

this section shall submit an annual evaluation report to the

5394

department, the circuit juvenile justice manager, the juvenile

5395

justice circuit board, and the juvenile justice county council,

5396

by a date subsequent to the end of the contract period

5397

established by the department, documenting the extent to which

5398

the program objectives have been met, the effect of the program

5399

on the juvenile arrest rate, and any other information required

5400

by the department. The department shall coordinate and

5401

incorporate all such annual evaluation reports with ~~the~~

5402

~~provisions of~~ s. 985.632 ~~985.412~~. Each entity is also subject to

5403

a financial audit and a performance audit.

5404

Section 94. Section 985.41, Florida Statutes, is

5405

renumbered as section 985.682, Florida Statutes, and subsection

5406

(1) of that section is amended to read:

5407

985.682 ~~985.41~~ Siting of facilities; study; criteria.--

5408

(1) The department is directed to conduct or contract for

5409

a statewide comprehensive study to determine current and future

5410

needs for all types of facilities for children committed to the

5411

custody, care, or supervision of the department under ~~pursuant~~

5412

to this chapter ~~part~~.

5413

Section 95. Section 985.2155, Florida Statutes, is

5414

renumbered as section 985.686, Florida Statutes.

5415

Section 96. Section 985.411, Florida Statutes, is

5416

renumbered as section 985.688, Florida Statutes, and paragraph

5417

(b) of subsection (10) of that section is amended to read:

5418

985.688 ~~985.411~~ Administering county and municipal

5419

delinquency programs and facilities.--

5420

(10)

5421

(b) The department may institute proceedings against a

5422

county or municipality to terminate the operation of a facility

5423

when any of the following conditions exist:

5424

1. The facility fails to take preventive or corrective

5425

measures in accordance with any order of the department.

5426

2. The facility fails to abide by any final order of the

5427

department once it has become effective and binding.

5428

3. The facility commits any violation of this section

5429

constituting an emergency requiring immediate action as provided

5430

in this chapter.

5431

4. The facility has willfully and knowingly refused to

5432

comply with the screening requirement for personnel under

5433

~~pursuant to~~ s. 985.644(1) ~~985.01~~ or has refused to dismiss

5434

personnel found to be in noncompliance with the requirements for

5435

good moral character.

5436

Section 97. Sections 985.4075, 985.4041, and 985.4042,

5437

Florida Statutes, are renumbered, respectively, as sections

5438

985.69, 985.692, and 985.694, Florida Statutes.

5439

Section 98. Sections 985.4045 and 985.4046, Florida

5440

Statutes, are renumbered, respectively, as sections 985.701 and

5441

985.711, Florida Statutes.

5442

Section 99. Section 985.3141, Florida Statutes, is

5443

renumbered as section 985.721, Florida Statutes, and subsection

5444

(2) of that section is amended to read:

5445

985.721 ~~985.3141~~ Escapes from secure detention or

5446

residential commitment facility.--An escape from:

5447

(2) Any residential commitment facility described in s.

5448

985.03(44)~~(46)~~, maintained for the custody, treatment,

5449

punishment, or rehabilitation of children found to have

5450

committed delinquent acts or violations of law; or

5451

5452

constitutes escape within the intent and meaning of s. 944.40

5453

and is a felony of the third degree, punishable as provided in

5454

s. 775.082, s. 775.083, or s. 775.084.

5455

Section 100. Section 985.2065, Florida Statutes, is

5456

renumbered as section 985.731, Florida Statutes, and paragraph

5457

(a) of subsection (1) of that section is amended to read:

5458

985.731 ~~985.2065~~ Sheltering unmarried minors; aiding

5459

unmarried minor runaways; violations.--

5460

(1)(a) A person who is not an authorized agent of the

5461

department ~~of Juvenile Justice~~ or the Department of Children and

5462

Family Services may not knowingly shelter an unmarried minor for

5463

more than 24 hours without the consent of the minor's parent or

5464

guardian or without notifying a law enforcement officer of the

5465

minor's name and the fact that the minor is being provided

5466

shelter.

5467

Section 101. Sections 985.501, 985.502, 985.503, 985.504,

5468

985.505, 985.506, and 985.507, Florida Statutes, are renumbered,

5469

respectively, as sections 985.801, 985.802, 985.803, 985.804,

5470

985.805, 985.806, and 985.807, Florida Statutes.

5471

Section 102. Section 985.5025, Florida Statutes, is

5472

renumbered as section 985.8025, Florida Statutes, and subsection

5473

(1) of that section is amended to read:

5474

985.8025 ~~985.5025~~ State Council for Interstate Juvenile

5475

Offender Supervision.--

5476

(1) Pursuant to Article IX of the Interstate Compact for

5477

Juveniles in s. 985.802 ~~985.502~~, the State Council for

5478

Interstate Juvenile Offender Supervision is created. The purpose

5479

of the council is to oversee state participation in the

5480

activities of the Interstate Commission for Juveniles.

5481

Section 103. Subsection (6) of section 985.215, Florida

5482

Statutes, paragraphs (b), (c), (f), and (i) of subsection (1)

5483

and subsection (2) of section 985.231, Florida Statutes, and

5484

paragraph (d) of subsection (4) of section 985.233, Florida

5485

Statutes, are repealed.

5486

Section 104. Subsection (11) of section 29.004, Florida

5487

Statutes, is amended to read:

5488

29.004 State courts system.--For purposes of implementing

5489

s. 14, Art. V of the State Constitution, the elements of the

5490

state courts system to be provided from state revenues

5491

appropriated by general law are as follows:

5492

(11) Mediation and arbitration, limited to trial court

5493

referral of a pending judicial case to a mediator or a court-

5494

related mediation program, or to an arbitrator or a court-

5495

related arbitration program, for the limited purpose of

5496

encouraging and assisting the litigants in partially or

5497

completely settling the case prior to adjudication on the merits

5498

by the court. This does not include citizen dispute settlement

5499

centers under s. 44.201 and community arbitration programs under

5500

s. 985.16 ~~985.304~~.

5501

Section 105. Paragraph (b) of subsection (3) of section

5502

29.008, Florida Statutes, is amended to read:

5503

29.008 County funding of court-related functions.--

5504

(3) The following shall be considered a local requirement

5505

pursuant to subparagraph (2)(a)1.:

5506

(b) Alternative sanctions coordinators pursuant to ss.

5507

984.09 and 985.037 ~~985.216~~.

5508

Section 106. Subsection (17) of section 253.025, Florida

5509

Statutes, is amended to read:

5510

253.025 Acquisition of state lands for purposes other than

5511

preservation, conservation, and recreation.--

5512

(17) Pursuant to s. 985.682 ~~985.41~~, the Department of

5513

Juvenile Justice is responsible for obtaining appraisals and

5514

entering into option agreements and agreements for the purchase

5515

of state juvenile justice facility sites. An option agreement or

5516

agreement for purchase is not binding upon the state until it is

5517

approved by the Board of Trustees of the Internal Improvement

5518

Trust Fund. The provisions of paragraphs (6)(b), (c), and (d)

5519

and (7)(b), (c), and (d) apply to all appraisals, offers, and

5520

counteroffers of the Department of Juvenile Justice for state

5521

juvenile justice facility sites.

5522

Section 107. Subsection (1) of section 318.21, Florida

5523

Statutes, is amended to read:

5524

318.21 Disposition of civil penalties by county

5525

courts.--All civil penalties received by a county court pursuant

5526

to the provisions of this chapter shall be distributed and paid

5527

monthly as follows:

5528

(1) One dollar from every civil penalty shall be remitted

5529

to the Department of Revenue for deposit into the Child Welfare

5530

Training Trust Fund for child welfare training purposes pursuant

5531

to s. 402.40. One dollar from every civil penalty shall be

5532

remitted to the Department of Revenue for deposit into the

5533

Juvenile Justice Training Trust Fund for juvenile justice

5534

purposes pursuant to s. 985.66 ~~985.406~~.

5535

Section 108. Subsection (3) of section 397.334, Florida

5536

Statutes, is amended to read:

5537

397.334 Treatment-based drug court programs.--

5538

(3) Treatment-based drug court programs may include

5539

pretrial intervention programs as provided in ss. 948.08,

5540

948.16, and 985.345 ~~985.306~~.

5541

Section 109. Subsection (3) of section 400.953, Florida

5542

Statutes, is amended to read:

5543

400.953 Background screening of home medical equipment

5544

provider personnel.--The agency shall require employment

5545

screening as provided in chapter 435, using the level 1

5546

standards for screening set forth in that chapter, for home

5547

medical equipment provider personnel.

5548

(3) Proof of compliance with the screening requirements of

5549

s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,

5550

s. 402.313, s. 409.175, s. 464.008, or s. 985.644 ~~985.407~~ or

5551

this part must be accepted in lieu of the requirements of this

5552

section if the person has been continuously employed in the same

5553

type of occupation for which he or she is seeking employment

5554

without a breach in service that exceeds 180 days, the proof of

5555

compliance is not more than 2 years old, and the person has been

5556

screened by the Department of Law Enforcement. An employer or

5557

contractor shall directly provide proof of compliance to another

5558

employer or contractor, and a potential employer or contractor

5559

may not accept any proof of compliance directly from the person

5560

requiring screening. Proof of compliance with the screening

5561

requirements of this section shall be provided, upon request, to

5562

the person screened by the home medical equipment provider.

5563

Section 110. Paragraph (d) of subsection (1) of section

5564

419.001, Florida Statutes, is amended to read:

5565

419.001 Site selection of community residential homes.--

5566

(1) For the purposes of this section, the following

5567

definitions shall apply:

5568

(d) "Resident" means any of the following: a frail elder

5569

as defined in s. 400.618; a physically disabled or handicapped

5570

person as defined in s. 760.22(7)(a); a developmentally disabled

5571

person as defined in s. 393.063; a nondangerous mentally ill

5572

person as defined in s. 394.455(18); or a child as defined in s.

5573

39.01(14), s. 984.03(9) or (12), or s. 985.03~~(8)~~.

5574

Section 111. Paragraphs (tt) and (uu) of subsection (2) of

5575

section 435.04, Florida Statutes, are amended to read:

5576

435.04 Level 2 screening standards.--

5577

(2) The security background investigations under this

5578

section must ensure that no persons subject to the provisions of

5579

this section have been found guilty of, regardless of

5580

adjudication, or entered a plea of nolo contendere or guilty to,

5581

any offense prohibited under any of the following provisions of

5582

the Florida Statutes or under any similar statute of another

5583

jurisdiction:

5584

(tt) Section 985.701 ~~985.4045~~, relating to sexual

5585

misconduct in juvenile justice programs.

5586

(uu) Section 985.711 ~~985.4046~~, relating to contraband

5587

introduced into detention facilities.

5588

Section 112. Subsection (4) of section 790.115, Florida

5589

Statutes, is amended to read:

5590

790.115 Possessing or discharging weapons or firearms at a

5591

school-sponsored event or on school property prohibited;

5592

penalties; exceptions.--

5593

(4) Notwithstanding s. 985.24 ~~985.213~~, s. 985.245 ~~985.214~~,

5594

or s. 985.25(1) ~~985.215(1)~~, any minor under 18 years of age who

5595

is charged under this section with possessing or discharging a

5596

firearm on school property shall be detained in secure

5597

detention, unless the state attorney authorizes the release of

5598

the minor, and shall be given a probable cause hearing within 24

5599

hours after being taken into custody. At the hearing, the court

5600

may order that the minor continue to be held in secure detention

5601

for a period of 21 days, during which time the minor shall

5602

receive medical, psychiatric, psychological, or substance abuse

5603

examinations pursuant to s. 985.18 ~~985.224~~, and a written report

5604

shall be completed.

5605

Section 113. Subsections (8) and (9) of section 790.22,

5606

Florida Statutes, are amended to read:

5607

790.22 Use of BB guns, air or gas-operated guns, or

5608

electric weapons or devices by minor under 16; limitation;

5609

possession of firearms by minor under 18 prohibited;

5610

penalties.--

5611

(8) Notwithstanding s. 985.24 ~~985.213~~ or s. 985.25(1)

5612

~~985.215(1)~~, if a minor under 18 years of age is charged with an

5613

offense that involves the use or possession of a firearm, as

5614

defined in s. 790.001, including a violation of subsection (3),

5615

or is charged for any offense during the commission of which the

5616

minor possessed a firearm, the minor shall be detained in secure

5617

detention, unless the state attorney authorizes the release of

5618

the minor, and shall be given a hearing within 24 hours after

5619

being taken into custody. At the hearing, the court may order

5620

that the minor continue to be held in secure detention in

5621

accordance with the applicable time periods specified in s.

5622

985.26(1)-(5) ~~985.215(5)~~, if the court finds that the minor

5623

meets the criteria specified in s. 985.255 ~~985.215(2)~~, or if the

5624

court finds by clear and convincing evidence that the minor is a

5625

clear and present danger to himself or herself or the community.

5626

The Department of Juvenile Justice shall prepare a form for all

5627

minors charged under this subsection that states the period of

5628

detention and the relevant demographic information, including,

5629

but not limited to, the sex, age, and race of the minor; whether

5630

or not the minor was represented by private counsel or a public

5631

defender; the current offense; and the minor's complete prior

5632

record, including any pending cases. The form shall be provided

5633

to the judge to be considered when determining whether the minor

5634

should be continued in secure detention under this subsection.

5635

An order placing a minor in secure detention because the minor

5636

is a clear and present danger to himself or herself or the

5637

community must be in writing, must specify the need for

5638

detention and the benefits derived by the minor or the community

5639

by placing the minor in secure detention, and must include a

5640

copy of the form provided by the department. The Department of

5641

Juvenile Justice must send the form, including a copy of any

5642

order, without client-identifying information, to the Office of

5643

Economic and Demographic Research.

5644

(9) Notwithstanding s. 985.245 ~~985.214~~, if the minor is

5645

found to have committed an offense that involves the use or

5646

possession of a firearm, as defined in s. 790.001, other than a

5647

violation of subsection (3), or an offense during the commission

5648

of which the minor possessed a firearm, and the minor is not

5649

committed to a residential commitment program of the Department

5650

of Juvenile Justice, in addition to any other punishment

5651

provided by law, the court shall order:

5652

(a) For a first offense, that the minor shall serve a

5653

minimum period of detention of 15 days in a secure detention

5654

facility; and

5655

1. Perform 100 hours of community service; and may

5656

2. Be placed on community control or in a nonresidential

5657

commitment program.

5658

(b) For a second or subsequent offense, that the minor

5659

shall serve a mandatory period of detention of at least 21 days

5660

in a secure detention facility; and

5661

1. Perform not less than 100 nor more than 250 hours of

5662

community service; and may

5663

2. Be placed on community control or in a nonresidential

5664

commitment program.

5665

5666

The minor shall not receive credit for time served before

5667

adjudication. For the purposes of this subsection, community

5668

service shall be performed, if possible, in a manner involving a

5669

hospital emergency room or other medical environment that deals

5670

on a regular basis with trauma patients and gunshot wounds.

5671

Section 114. Paragraph (c) of subsection (3) of section

5672

921.0022, Florida Statutes, is amended to read:

5673

921.0022 Criminal Punishment Code; offense severity

5674

ranking chart.--

5675

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

5676

5677

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

5678

316.066(3)(d)-(f)

3rd

Unlawfully obtaining or using confidential crash reports.

5679

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

5680

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

5681

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

5682

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

5683

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

5684

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

5685

327.35(2)(b)

3rd

Felony BUI.

5686

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

5687

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

5688

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.

5689

370.12(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

5690

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

5691

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

5692

440.105(3)(b)

3rd

Receipt of fee or consideration without approval by judge of compensation claims.

5693

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

5694

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

5695

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

5696

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

5697

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

5698

697.08

3rd

Equity skimming.

5699

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

5700

796.05(1)

3rd

Live on earnings of a prostitute.

5701

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

5702

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

5703

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

5704

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

5705

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

5706

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

5707

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

5708

817.233

3rd

Burning to defraud insurer.

5709

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

5710

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

5711

817.236

3rd

Filing a false motor vehicle insurance application.

5712

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

5713

817.413(2)

3rd

Sale of used goods as new.

5714

817.505(4)

3rd

Patient brokering.

5715

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

5716

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

5717

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

5718

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

5719

843.19

3rd

Injure, disable, or kill police dog or horse.

5720

860.15(3)

3rd

Overcharging for repairs and parts.

5721

870.01(2)

3rd

Riot; inciting or encouraging.

5722

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).

5723

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.

5724

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.

5725

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

5726

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

5727

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

5728

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

5729

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

5730

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.

5731

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.

5732

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

5733

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.

5734

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

5735

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

5736

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

5737

985.721 ~~985.3141~~

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

5738

5739

Section 115. Subsection (1) of section 938.10, Florida

5740

Statutes, is amended to read:

5741

938.10 Additional court cost imposed in cases of certain

5742

crimes against minors.--

5743

(1) If a person pleads guilty or nolo contendere to, or is

5744

found guilty of, regardless of adjudication, any offense against

5745

a minor in violation of s. 784.085, chapter 787, chapter 794, s.

5746

796.03, s. 800.04, chapter 827, s. 847.0145, or s. 985.701

5747

~~985.4045~~, the court shall impose a court cost of $101 against

5748

the offender in addition to any other cost or penalty required

5749

by law.

5750

Section 116. Subsection (9) of section 943.053, Florida

5751

Statutes, is amended to read:

5752

943.053 Dissemination of criminal justice information;

5753

fees.--

5754

(9) Notwithstanding the provisions of s. 943.0525 and any

5755

user agreements adopted pursuant thereto, and notwithstanding

5756

the confidentiality of sealed records as provided for in s.

5757

943.059, the Department of Juvenile Justice or any other state

5758

or local criminal justice agency may provide copies of the

5759

Florida criminal history records for juvenile offenders

5760

currently or formerly detained or housed in a contracted

5761

juvenile assessment center or detention facility or serviced in

5762

a contracted treatment program and for employees or other

5763

individuals who will have access to these facilities, only to

5764

the entity under direct contract with the Department of Juvenile

5765

Justice to operate these facilities or programs pursuant to the

5766

provisions of s. 985.688 ~~985.411~~. The criminal justice agency

5767

providing such data may assess a charge for the Florida criminal

5768

history records pursuant to the provisions of chapter 119.

5769

Sealed records received by the private entity under this section

5770

remain confidential and exempt from the provisions of s.

5771

119.07(1). Information provided under this section shall be used

5772

only for the criminal justice purpose for which it was requested

5773

and may not be further disseminated.

5774

Section 117. Subsection (1) of section 943.0582, Florida

5775

Statutes, is amended to read:

5776

943.0582 Prearrest, postarrest, or teen court diversion

5777

program expunction.--

5778

(1) Notwithstanding any law dealing generally with the

5779

preservation and destruction of public records, the department

5780

may provide, by rule adopted pursuant to chapter 120, for the

5781

expunction of any nonjudicial record of the arrest of a minor

5782

who has successfully completed a prearrest or postarrest

5783

diversion program for minors as authorized by s. 985.125

5784

~~985.3065~~.

5785

Section 118. Paragraph (a) of subsection (4) of section

5786

943.0585, Florida Statutes, is amended to read:

5787

943.0585 Court-ordered expunction of criminal history

5788

records.--The courts of this state have jurisdiction over their

5789

own procedures, including the maintenance, expunction, and

5790

correction of judicial records containing criminal history

5791

information to the extent such procedures are not inconsistent

5792

with the conditions, responsibilities, and duties established by

5793

this section. Any court of competent jurisdiction may order a

5794

criminal justice agency to expunge the criminal history record

5795

of a minor or an adult who complies with the requirements of

5796

this section. The court shall not order a criminal justice

5797

agency to expunge a criminal history record until the person

5798

seeking to expunge a criminal history record has applied for and

5799

received a certificate of eligibility for expunction pursuant to

5800

subsection (2). A criminal history record that relates to a

5801

violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,

5802

s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

5803

chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,

5804

s. 916.1075, or a violation enumerated in s. 907.041 may not be

5805

expunged, without regard to whether adjudication was withheld,

5806

if the defendant was found guilty of or pled guilty or nolo

5807

contendere to the offense, or if the defendant, as a minor, was

5808

found to have committed, or pled guilty or nolo contendere to

5809

committing, the offense as a delinquent act. The court may only

5810

order expunction of a criminal history record pertaining to one

5811

arrest or one incident of alleged criminal activity, except as

5812

provided in this section. The court may, at its sole discretion,

5813

order the expunction of a criminal history record pertaining to

5814

more than one arrest if the additional arrests directly relate

5815

to the original arrest. If the court intends to order the

5816

expunction of records pertaining to such additional arrests,

5817

such intent must be specified in the order. A criminal justice

5818

agency may not expunge any record pertaining to such additional

5819

arrests if the order to expunge does not articulate the

5820

intention of the court to expunge a record pertaining to more

5821

than one arrest. This section does not prevent the court from

5822

ordering the expunction of only a portion of a criminal history

5823

record pertaining to one arrest or one incident of alleged

5824

criminal activity. Notwithstanding any law to the contrary, a

5825

criminal justice agency may comply with laws, court orders, and

5826

official requests of other jurisdictions relating to expunction,

5827

correction, or confidential handling of criminal history records

5828

or information derived therefrom. This section does not confer

5829

any right to the expunction of any criminal history record, and

5830

any request for expunction of a criminal history record may be

5831

denied at the sole discretion of the court.

5832

(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

5833

criminal history record of a minor or an adult which is ordered

5834

expunged by a court of competent jurisdiction pursuant to this

5835

section must be physically destroyed or obliterated by any

5836

criminal justice agency having custody of such record; except

5837

that any criminal history record in the custody of the

5838

department must be retained in all cases. A criminal history

5839

record ordered expunged that is retained by the department is

5840

confidential and exempt from the provisions of s. 119.07(1) and

5841

s. 24(a), Art. I of the State Constitution and not available to

5842

any person or entity except upon order of a court of competent

5843

jurisdiction. A criminal justice agency may retain a notation

5844

indicating compliance with an order to expunge.

5845

(a) The person who is the subject of a criminal history

5846

record that is expunged under this section or under other

5847

provisions of law, including former s. 893.14, former s. 901.33,

5848

and former s. 943.058, may lawfully deny or fail to acknowledge

5849

the arrests covered by the expunged record, except when the

5850

subject of the record:

5851

1. Is a candidate for employment with a criminal justice

5852

agency;

5853

2. Is a defendant in a criminal prosecution;

5854

3. Concurrently or subsequently petitions for relief under

5855

this section or s. 943.059;

5856

4. Is a candidate for admission to The Florida Bar;

5857

5. Is seeking to be employed or licensed by or to contract

5858

with the Department of Children and Family Services or the

5859

Department of Juvenile Justice or to be employed or used by such

5860

contractor or licensee in a sensitive position having direct

5861

contact with children, the developmentally disabled, the aged,

5862

or the elderly as provided in s. 110.1127(3), s. 393.063, s.

5863

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

5864

409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.

5865

985.644 ~~985.407~~, or chapter 400; or

5866

6. Is seeking to be employed or licensed by the Department

5867

of Education, any district school board, any university

5868

laboratory school, any charter school, any private or parochial

5869

school, or any local governmental entity that licenses child

5870

care facilities.

5871

Section 119. Paragraph (a) of subsection (4) of section

5872

943.059, Florida Statutes, is amended to read:

5873

943.059 Court-ordered sealing of criminal history

5874

records.--The courts of this state shall continue to have

5875

jurisdiction over their own procedures, including the

5876

maintenance, sealing, and correction of judicial records

5877

containing criminal history information to the extent such

5878

procedures are not inconsistent with the conditions,

5879

responsibilities, and duties established by this section. Any

5880

court of competent jurisdiction may order a criminal justice

5881

agency to seal the criminal history record of a minor or an

5882

adult who complies with the requirements of this section. The

5883

court shall not order a criminal justice agency to seal a

5884

criminal history record until the person seeking to seal a

5885

criminal history record has applied for and received a

5886

certificate of eligibility for sealing pursuant to subsection

5887

(2). A criminal history record that relates to a violation of s.

5888

393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.

5889

800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.

5890

847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or

5891

a violation enumerated in s. 907.041 may not be sealed, without

5892

regard to whether adjudication was withheld, if the defendant

5893

was found guilty of or pled guilty or nolo contendere to the

5894

offense, or if the defendant, as a minor, was found to have

5895

committed or pled guilty or nolo contendere to committing the

5896

offense as a delinquent act. The court may only order sealing of

5897

a criminal history record pertaining to one arrest or one

5898

incident of alleged criminal activity, except as provided in

5899

this section. The court may, at its sole discretion, order the

5900

sealing of a criminal history record pertaining to more than one

5901

arrest if the additional arrests directly relate to the original

5902

arrest. If the court intends to order the sealing of records

5903

pertaining to such additional arrests, such intent must be

5904

specified in the order. A criminal justice agency may not seal

5905

any record pertaining to such additional arrests if the order to

5906

seal does not articulate the intention of the court to seal

5907

records pertaining to more than one arrest. This section does

5908

not prevent the court from ordering the sealing of only a

5909

portion of a criminal history record pertaining to one arrest or

5910

one incident of alleged criminal activity. Notwithstanding any

5911

law to the contrary, a criminal justice agency may comply with

5912

laws, court orders, and official requests of other jurisdictions

5913

relating to sealing, correction, or confidential handling of

5914

criminal history records or information derived therefrom. This

5915

section does not confer any right to the sealing of any criminal

5916

history record, and any request for sealing a criminal history

5917

record may be denied at the sole discretion of the court.

5918

(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal

5919

history record of a minor or an adult which is ordered sealed by

5920

a court of competent jurisdiction pursuant to this section is

5921

confidential and exempt from the provisions of s. 119.07(1) and

5922

s. 24(a), Art. I of the State Constitution and is available only

5923

to the person who is the subject of the record, to the subject's

5924

attorney, to criminal justice agencies for their respective

5925

criminal justice purposes, or to those entities set forth in

5926

subparagraphs (a)1., 4., 5., and 6. for their respective

5927

licensing and employment purposes.

5928

(a) The subject of a criminal history record sealed under

5929

this section or under other provisions of law, including former

5930

s. 893.14, former s. 901.33, and former s. 943.058, may lawfully

5931

deny or fail to acknowledge the arrests covered by the sealed

5932

record, except when the subject of the record:

5933

1. Is a candidate for employment with a criminal justice

5934

agency;

5935

2. Is a defendant in a criminal prosecution;

5936

3. Concurrently or subsequently petitions for relief under

5937

this section or s. 943.0585;

5938

4. Is a candidate for admission to The Florida Bar;

5939

5. Is seeking to be employed or licensed by or to contract

5940

with the Department of Children and Family Services or the

5941

Department of Juvenile Justice or to be employed or used by such

5942

contractor or licensee in a sensitive position having direct

5943

contact with children, the developmentally disabled, the aged,

5944

or the elderly as provided in s. 110.1127(3), s. 393.063, s.

5945

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

5946

409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and

5947

(13), s. 985.644 ~~985.407~~, or chapter 400; or

5948

6. Is seeking to be employed or licensed by the Department

5949

of Education, any district school board, any university

5950

laboratory school, any charter school, any private or parochial

5951

school, or any local governmental entity that licenses child

5952

care facilities.

5953

Section 120. Subsection (2) of section 948.51, Florida

5954

Statutes, is amended to read:

5955

948.51 Community corrections assistance to counties or

5956

county consortiums.--

5957

(2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

5958

county, or a consortium of two or more counties, may contract

5959

with the Department of Corrections for community corrections

5960

funds as provided in this section. In order to enter into a

5961

community corrections partnership contract, a county or county

5962

consortium must have a public safety coordinating council

5963

established under s. 951.26 and must designate a county officer

5964

or agency to be responsible for administering community

5965

corrections funds received from the state. The public safety

5966

coordinating council shall prepare, develop, and implement a

5967

comprehensive public safety plan for the county, or the

5968

geographic area represented by the county consortium, and shall

5969

submit an annual report to the Department of Corrections

5970

concerning the status of the program. In preparing the

5971

comprehensive public safety plan, the public safety coordinating

5972

council shall cooperate with the juvenile justice circuit board

5973

and the juvenile justice county council, established under s.

5974

985.664 ~~985.4135~~, in order to include programs and services for

5975

juveniles in the plan. To be eligible for community corrections

5976

funds under the contract, the initial public safety plan must be

5977

approved by the governing board of the county, or the governing

5978

board of each county within the consortium, and the Secretary of

5979

Corrections based on the requirements of this section. If one or

5980

more other counties develop a unified public safety plan, the

5981

public safety coordinating council shall submit a single

5982

application to the department for funding. Continued contract

5983

funding shall be pursuant to subsection (5). The plan for a

5984

county or county consortium must cover at least a 5-year period

5985

and must include:

5986

(a) A description of programs offered for the job

5987

placement and treatment of offenders in the community.

5988

(b) A specification of community-based intermediate

5989

sentencing options to be offered and the types and number of

5990

offenders to be included in each program.

5991

5992

projected percentage of commitments to the state prison system

5993

of persons with low total sentencing scores pursuant to the

5994

Criminal Punishment Code.

5995

(d) Specific evidence of the population status of all

5996

programs which are part of the plan, which evidence establishes

5997

that such programs do not include offenders who otherwise would

5998

have been on a less intensive form of community supervision.

5999

(e) The assessment of population status by the public

6000

safety coordinating council of all correctional facilities owned

6001

or contracted for by the county or by each county within the

6002

consortium.

6003

(f) The assessment of bed space that is available for

6004

substance abuse intervention and treatment programs and the

6005

assessment of offenders in need of treatment who are committed

6006

to each correctional facility owned or contracted for by the

6007

county or by each county within the consortium.

6008

(g) A description of program costs and sources of funds

6009

for each community corrections program, including community

6010

corrections funds, loans, state assistance, and other financial

6011

assistance.

6012

Section 121. Section 958.046, Florida Statutes, is amended

6013

to read:

6014

958.046 Placement in county-operated boot camp programs

6015

for youthful offenders.--In counties where there are county-

6016

county-operated youthful offender boot camp programs, other than

6017

boot camps described in s. 958.04 or s. 985.489 ~~985.309~~, the

6018

court may sentence a youthful offender to such a boot camp. In

6019

county-operated youthful offender boot camp programs, juvenile

6020

offenders shall not be commingled with youthful offenders.

6021

Section 122. Paragraphs (b) and (j) of subsection (1) of

6022

section 960.001, Florida Statutes, are amended to read:

6023

960.001 Guidelines for fair treatment of victims and

6024

witnesses in the criminal justice and juvenile justice

6025

systems.--

6026

(1) The Department of Legal Affairs, the state attorneys,

6027

the Department of Corrections, the Department of Juvenile

6028

Justice, the Parole Commission, the State Courts Administrator

6029

and circuit court administrators, the Department of Law

6030

Enforcement, and every sheriff's department, police department,

6031

or other law enforcement agency as defined in s. 943.10(4) shall

6032

develop and implement guidelines for the use of their respective

6033

agencies, which guidelines are consistent with the purposes of

6034

this act and s. 16(b), Art. I of the State Constitution and are

6035

designed to implement the provisions of s. 16(b), Art. I of the

6036

State Constitution and to achieve the following objectives:

6037

(b) Information for purposes of notifying victim or

6038

appropriate next of kin of victim or other designated contact of

6039

victim.--In the case of a homicide, pursuant to chapter 782; or

6040

a sexual offense, pursuant to chapter 794; or an attempted

6041

murder or sexual offense, pursuant to chapter 777; or stalking,

6042

pursuant to s. 784.048; or domestic violence, pursuant to s.

6043

25.385:

6044

1. The arresting law enforcement officer or personnel of

6045

an organization that provides assistance to a victim or to the

6046

appropriate next of kin of the victim or other designated

6047

contact must request that the victim or appropriate next of kin

6048

of the victim or other designated contact complete a victim

6049

notification card. However, the victim or appropriate next of

6050

kin of the victim or other designated contact may choose not to

6051

complete the victim notification card.

6052

2. Unless the victim or the appropriate next of kin of the

6053

victim or other designated contact waives the option to complete

6054

the victim notification card, a copy of the victim notification

6055

card must be filed with the incident report or warrant in the

6056

sheriff's office of the jurisdiction in which the incident

6057

report or warrant originated. The notification card shall, at a

6058

minimum, consist of:

6059

a. The name, address, and phone number of the victim; or

6060

b. The name, address, and phone number of the appropriate

6061

next of kin of the victim; or

6062

c. The name, address, and phone number of a designated

6063

contact other than the victim or appropriate next of kin of the

6064

victim; and

6065

d. Any relevant identification or case numbers assigned to

6066

the case.

6067

3. The chief administrator, or a person designated by the

6068

chief administrator, of a county jail, municipal jail, juvenile

6069

detention facility, or residential commitment facility shall

6070

make a reasonable attempt to notify the alleged victim or

6071

appropriate next of kin of the alleged victim or other

6072

designated contact within 4 hours following the release of the

6073

defendant on bail or, in the case of a juvenile offender, upon

6074

the release from residential detention or commitment. If the

6075

chief administrator, or designee, is unable to contact the

6076

alleged victim or appropriate next of kin of the alleged victim

6077

or other designated contact by telephone, the chief

6078

administrator, or designee, must send to the alleged victim or

6079

appropriate next of kin of the alleged victim or other

6080

designated contact a written notification of the defendant's

6081

release.

6082

4. Unless otherwise requested by the victim or the

6083

appropriate next of kin of the victim or other designated

6084

contact, the information contained on the victim notification

6085

card must be sent by the chief administrator, or designee, of

6086

the appropriate facility to the subsequent correctional or

6087

residential commitment facility following the sentencing and

6088

incarceration of the defendant, and unless otherwise requested

6089

by the victim or the appropriate next of kin of the victim or

6090

other designated contact, he or she must be notified of the

6091

release of the defendant from incarceration as provided by law.

6092

5. If the defendant was arrested pursuant to a warrant

6093

issued or taken into custody pursuant to s. 985.101 ~~985.207~~ in a

6094

jurisdiction other than the jurisdiction in which the defendant

6095

is being released, and the alleged victim or appropriate next of

6096

kin of the alleged victim or other designated contact does not

6097

waive the option for notification of release, the chief

6098

correctional officer or chief administrator of the facility

6099

releasing the defendant shall make a reasonable attempt to

6100

immediately notify the chief correctional officer of the

6101

jurisdiction in which the warrant was issued or the juvenile was

6102

taken into custody pursuant to s. 985.101 ~~985.207~~, and the chief

6103

correctional officer of that jurisdiction shall make a

6104

reasonable attempt to notify the alleged victim or appropriate

6105

next of kin of the alleged victim or other designated contact,

6106

as provided in this paragraph, that the defendant has been or

6107

will be released.

6108

(j) Notification of right to request restitution.--Law

6109

enforcement agencies and the state attorney shall inform the

6110

victim of the victim's right to request and receive restitution

6111

pursuant to s. 775.089 or s. 985.437 ~~985.231(1)(a)1.~~, and of the

6112

victim's rights of enforcement under ss. 775.089(6) and 985.0301

6113

~~985.201~~ in the event an offender does not comply with a

6114

restitution order. The state attorney shall seek the assistance

6115

of the victim in the documentation of the victim's losses for

6116

the purpose of requesting and receiving restitution. In

6117

addition, the state attorney shall inform the victim if and when

6118

restitution is ordered. If an order of restitution is converted

6119

to a civil lien or civil judgment against the defendant, the

6120

clerks shall make available at their office, as well as on their

6121

website, information provided by the Secretary of State, the

6122

court, or The Florida Bar on enforcing the civil lien or

6123

judgment.

6124

Section 123. Subsection (48) of section 984.03, Florida

6125

Statutes, is amended to read:

6126

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

6127

(48) "Serious or habitual juvenile offender program" means

6128

the program established in s. 985.47 ~~985.31~~.

6129

Section 124. Section 984.05, Florida Statutes, is amended

6130

to read:

6131

984.05 Rules relating to habitual truants; adoption by

6132

State Board of Education and Department of Juvenile

6133

Justice.--The Department of Juvenile Justice and the State Board

6134

of Education shall work together on the development of, and

6135

shall adopt, rules as necessary for the implementation of ss.

6136

984.03(27), 985.03(25)~~(26)~~, and 1003.27.

6137

Section 125. Paragraph (b) of subsection (4) of section

6138

984.09, Florida Statutes, is amended to read:

6139

984.09 Punishment for contempt of court; alternative

6140

sanctions.--

6141

(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

6142

PROCESS.--

6143

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

6144

the court must hold a hearing within 24 hours to determine

6145

whether the child committed indirect contempt of a valid court

6146

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

6147

provided to the child:

6148

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

6149

facts supporting the contempt charge.

6150

2. Right to an explanation of the nature and the

6151

consequences of the proceedings.

6152

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

6153

counsel appointed by the court if the juvenile is indigent,

6154

pursuant to s. 985.033 ~~985.203~~.

6155

4. Right to confront witnesses.

6156

5. Right to present witnesses.

6157

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

6158

7. Right to appeal to an appropriate court.

6159

6160

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

6161

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

6162

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

6163

appropriate for the child to remain in the facility.

6164

Section 126. Subsections (2) and (6) of section 984.226,

6165

Florida Statutes, are amended to read:

6166

984.226 Physically secure setting.--

6167

(2) When a petition is filed alleging that a child is a

6168

child in need of services, the child must be represented by

6169

counsel at each court appearance unless the record in that

6170

proceeding affirmatively demonstrates by clear and convincing

6171

evidence that the child knowingly and intelligently waived the

6172

right to counsel after being fully advised by the court of the

6173

nature of the proceedings and the dispositional alternatives

6174

available to the court under this section. If the court decides

6175

to appoint counsel for the child and if the child is indigent,

6176

the court shall appoint an attorney to represent the child as

6177

provided under s. 985.033 ~~985.203~~. Nothing precludes the court

6178

from requesting reimbursement of attorney's fees and costs from

6179

the nonindigent parent or legal guardian.

6180

(6) Prior to being ordered to a physically secure setting,

6181

the child must be afforded all rights of due process required

6182

under s. 985.037 ~~985.216~~. While in the physically secure

6183

setting, the child shall receive appropriate assessment,

6184

treatment, and educational services that are designed to

6185

eliminate or reduce the child's truant, ungovernable, or runaway

6186

behavior. The child and family shall be provided with family

6187

counseling and other support services necessary for

6188

reunification.

6189

Section 127. Subsection (22) of section 1003.52, Florida

6190

Statutes, is amended to read:

6191

1003.52 Educational services in Department of Juvenile

6192

Justice programs.--

6193

(22) The Department of Juvenile Justice and the Department

6194

of Education, in consultation with Workforce Florida, Inc., the

6195

statewide Workforce Development Youth Council, district school

6196

boards, community colleges, providers, and others, shall jointly

6197

develop a multiagency plan for career education which describes

6198

the funding, curriculum, transfer of credits, goals, and outcome

6199

measures for career education programming in juvenile commitment

6200

facilities, pursuant to s. 985.622 ~~985.3155~~. The plan must be

6201

reviewed annually.

6202

Section 128. Subsection (2) of section 1006.08, Florida

6203

Statutes, is amended to read:

6204

1006.08 District school superintendent duties relating to

6205

student discipline and school safety.--

6206

(2) Notwithstanding the provisions of s. 985.04(7)~~(4)~~ or

6207

any other provision of law to the contrary, the court shall,

6208

within 48 hours of the finding, notify the appropriate district

6209

school superintendent of the name and address of any student

6210

found to have committed a delinquent act, or who has had

6211

adjudication of a delinquent act withheld which, if committed by

6212

an adult, would be a felony, or the name and address of any

6213

student found guilty of a felony. Notification shall include the

6214

specific delinquent act found to have been committed or for

6215

which adjudication was withheld, or the specific felony for

6216

which the student was found guilty.

6217

Section 129. Paragraph (a) of subsection (5) of section

6218

1006.13, Florida Statutes, is amended to read:

6219

1006.13 Policy of zero tolerance for crime and

6220

victimization.--

6221

(5)(a) Notwithstanding any provision of law prohibiting

6222

the disclosure of the identity of a minor, whenever any student

6223

who is attending public school is adjudicated guilty of or

6224

delinquent for, or is found to have committed, regardless of

6225

whether adjudication is withheld, or pleads guilty or nolo

6226

contendere to, a felony violation of:

6227

1. Chapter 782, relating to homicide;

6228

2. Chapter 784, relating to assault, battery, and culpable

6229

negligence;

6230

3. Chapter 787, relating to kidnapping, false

6231

imprisonment, luring or enticing a child, and custody offenses;

6232

4. Chapter 794, relating to sexual battery;

6233

5. Chapter 800, relating to lewdness and indecent

6234

exposure;

6235

6. Chapter 827, relating to abuse of children;

6236

7. Section 812.13, relating to robbery;

6237

8. Section 812.131, relating to robbery by sudden

6238

snatching;

6239

9. Section 812.133, relating to carjacking; or

6240

10. Section 812.135, relating to home-invasion robbery,

6241

6242

and, before or at the time of such adjudication, withholding of

6243

adjudication, or plea, the offender was attending a school

6244

attended by the victim or a sibling of the victim of the

6245

offense, the Department of Juvenile Justice shall notify the

6246

appropriate district school board of the adjudication or plea,

6247

the requirements of this paragraph, and whether the offender is

6248

prohibited from attending that school or riding on a school bus

6249

whenever the victim or a sibling of the victim is attending the

6250

same school or riding on the same school bus, except as provided

6251

pursuant to a written disposition order under s. 985.455(2)

6252

~~985.23(1)(d)~~. Upon receipt of such notice, the district school

6253

board shall take appropriate action to effectuate the provisions

6254

of paragraph (b).

6255

Section 130. Subsection (1) of section 1012.797, Florida

6256

Statutes, is amended to read:

6257

1012.797 Notification of district school superintendent of

6258

certain charges against or convictions of employees.--

6259

(1) Notwithstanding the provisions of s. 985.04(7)~~(4)~~ or

6260

any other provision of law to the contrary, a law enforcement

6261

agency shall, within 48 hours, notify the appropriate district

6262

school superintendent of the name and address of any employee of

6263

the school district who is charged with a felony or with a

6264

misdemeanor involving the abuse of a minor child or the sale or

6265

possession of a controlled substance. The notification shall

6266

include the specific charge for which the employee of the school

6267

district was arrested. Such notification shall include other

6268

education providers such as the Florida School for the Deaf and

6269

the Blind, university lab schools, and private elementary and

6270

secondary schools.

6271

Section 131. This act shall take effect January 1, 2007.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.