| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; amending s. 20.316, |
| 3 | F.S.; requiring the Department of Juvenile Justice to |
| 4 | establish the Juvenile Justice Policy Research Institute |
| 5 | within the department for specified purposes; providing |
| 6 | purposes of the institute; amending s. 27.51, F.S.; |
| 7 | providing that public defenders are available to juveniles |
| 8 | at all stages of delinquency court proceedings; amending |
| 9 | s. 394.492, F.S.; providing that a child referred for a |
| 10 | delinquent act when he or she was under age 11 may be |
| 11 | considered at risk of emotional disturbance and therefore |
| 12 | subject to referral for mental health services; amending |
| 13 | ss. 984.03 and 985.03, F.S.; correcting terminology in the |
| 14 | definition of "child in need of services"; amending s. |
| 15 | 409.9025, F.S.; providing for Medicaid eligibility for |
| 16 | juveniles committed to certain residential juvenile |
| 17 | programs; amending s. 943.0515, F.S.; requiring the |
| 18 | Department of Law Enforcement to notify certain specified |
| 19 | agencies of the criminal history records of a minor which |
| 20 | are expunged; requiring the arresting agency, the county, |
| 21 | and the department to send the notice of expungement to |
| 22 | those entities that received the criminal history records |
| 23 | information; requiring that criminal history records that |
| 24 | are to be expunged be physically destroyed or obliterated |
| 25 | by the criminal justice agency having physical custody of |
| 26 | the records; providing an exception; amending s. 943.0585, |
| 27 | F.S.; prohibiting certain criminal history records from |
| 28 | being expunged; providing that other records may be |
| 29 | expunged under certain circumstances; providing that |
| 30 | certain information be included in the application for a |
| 31 | certificate of eligibility for expunction; providing for |
| 32 | county responsibilities when a county has disseminated |
| 33 | criminal history record information that is the subject of |
| 34 | an expungement order; prohibiting an agency, organization, |
| 35 | or company to which criminal history record information |
| 36 | was disseminated from releasing the expunged information |
| 37 | after a specified period; amending s. 943.059, F.S.; |
| 38 | prohibiting certain criminal records from being sealed; |
| 39 | providing that other records may be sealed under certain |
| 40 | circumstances; requiring that certain information be |
| 41 | included in the application for a certificate of |
| 42 | eligibility for sealing; providing for county |
| 43 | responsibilities when a county has disseminated criminal |
| 44 | history record information that is the subject of a |
| 45 | sealing order; prohibiting an agency, organization, or |
| 46 | company to which criminal history record information was |
| 47 | disseminated from releasing the sealed information after a |
| 48 | specified period; amending s. 943.0582, F.S.; conforming a |
| 49 | cross-reference; defining the term "violent offense"; |
| 50 | providing for automatic expunction of the arrest record of |
| 51 | a minor for a nonviolent first offense if no charges or |
| 52 | petition was brought concerning the offense; providing for |
| 53 | reversal of the expunction if the person is subsequently |
| 54 | found to have committed a criminal offense or comparable |
| 55 | ordinance violation; amending s. 985.125, F.S.; providing |
| 56 | for establishment of prearrest or postarrest diversion |
| 57 | programs by additional agencies; creating s. 985.165, |
| 58 | F.S.; providing legislative findings; requiring state |
| 59 | funding of community-based substance abuse intervention, |
| 60 | evaluation, and treatment services programs in each |
| 61 | judicial circuit; providing for diversion of certain |
| 62 | first-time drug offenders into such programs; amending s. |
| 63 | 985.245, F.S.; requiring the juvenile risk assessment |
| 64 | instrument to allow additional points to be assessed for a |
| 65 | child charged with a felony who has a prior residential |
| 66 | delinquency commitment; amending s. 985.441, F.S.; |
| 67 | providing for commitment of juveniles who are pregnant or |
| 68 | mothers with infant children in small family-style, |
| 69 | community-based programs when appropriate; creating s. |
| 70 | 985.461, F.S.; requiring that all youth exiting juvenile |
| 71 | justice commitment programs have made available to them |
| 72 | the services of an identified community-based, interagency |
| 73 | transition planning team; creating s. 985.495, F.S.; |
| 74 | requiring the Department of Juvenile Justice to provide |
| 75 | access to community-based, gender-specific aftercare |
| 76 | services to all girls transitioning from department |
| 77 | programs; requiring that the department place such girls |
| 78 | under female probation or conditional release case |
| 79 | managers; providing for creation of a female caseload |
| 80 | supervision team in certain circumstances; amending s. |
| 81 | 985.622, F.S.; requiring that certain juvenile justice |
| 82 | programs offer vocational training; requiring the |
| 83 | Department of Juvenile Justice to work with the Agency for |
| 84 | Workforce Innovation and Workforce Florida, Inc., to |
| 85 | ensure that all job skills training is in areas directly |
| 86 | tied to careers listed on Florida's targeted occupation |
| 87 | list; deleting obsolete provisions; amending s. 985.644, |
| 88 | F.S.; requiring the Department of Juvenile Justice to |
| 89 | conduct demonstration projects that emphasize the benefits |
| 90 | of outcome-based contracting with certain performance |
| 91 | standard requirements; authorizing use of interim and |
| 92 | long-term outcome performance measures; requiring projects |
| 93 | to be completed by a specified date; amending s. 435.04, |
| 94 | F.S.; authorizing the Department of Juvenile Justice to |
| 95 | hire persons for employment in youth facilities who were |
| 96 | formerly in the juvenile justice system and exited |
| 97 | successfully in certain circumstances; amending s. |
| 98 | 985.644, F.S.; authorizing the Department of Juvenile |
| 99 | Justice to conditionally hire juvenile justice employees |
| 100 | upon successful completion of a preliminary background |
| 101 | screening, but prior to full background screening, under |
| 102 | specified conditions; amending s. 985.664, F.S.; providing |
| 103 | that juvenile justice circuit boards and juvenile justice |
| 104 | county councils may receive local discretionary grant |
| 105 | prevention funds for specified purposes; amending s. |
| 106 | 1011.62, F.S., relating to allocations from the Florida |
| 107 | Education Finance Program to school districts for the |
| 108 | operation of schools; providing for the establishment of a |
| 109 | cost factor for students in juvenile justice education |
| 110 | programs; requiring the Department of Juvenile Justice, in |
| 111 | conjunction with representatives of specified entities, to |
| 112 | conduct a review of the detention risk assessment |
| 113 | instrument; requiring the agreement of all such |
| 114 | representatives for revisions to the detention risk |
| 115 | assessment instrument; providing for creation of a |
| 116 | Disproportionate Minority Contact Task Force; providing |
| 117 | for membership, goals, and duties; requiring a report; |
| 118 | providing for dissolution of the task force; providing for |
| 119 | pilot projects for reduction of disproportionate minority |
| 120 | contact; providing for goals of the pilot projects; |
| 121 | requiring reports; providing for termination of the pilot |
| 122 | projects; providing legislative findings; requiring the |
| 123 | Department of Juvenile Justice to identify service areas |
| 124 | that promote the concept of community-based programs; |
| 125 | requiring a report; requiring the Governor to establish a |
| 126 | task force to review and make recommendations to modify |
| 127 | current statutes or practices associated with restoration |
| 128 | of competency; providing for membership; requiring a |
| 129 | report; providing for termination of the task force; |
| 130 | requiring the Governor to establish a task force to |
| 131 | perform a role delineation study and review and make |
| 132 | recommendations concerning specified issues; requiring a |
| 133 | report; providing for termination of the task force; |
| 134 | requiring the Department of Corrections, the Department of |
| 135 | Juvenile Justice, and the Department of Children and |
| 136 | Family Services to work with a university in the State |
| 137 | University System to calculate the return on investment |
| 138 | and cost savings of crime reduction through effective |
| 139 | prevention and intervention programming; requiring a |
| 140 | report; providing an effective date. |
| 141 |
|
| 142 | Be It Enacted by the Legislature of the State of Florida: |
| 143 |
|
| 144 | Section 1. Subsection (5) is added to section 20.316, |
| 145 | Florida Statutes, to read: |
| 146 | 20.316 Department of Juvenile Justice.--There is created a |
| 147 | Department of Juvenile Justice. |
| 148 | (5) RESEARCH INSTITUTE.--The department shall establish |
| 149 | the Juvenile Justice Policy Research Institute, which shall be |
| 150 | headed by a director. The institute shall be the principal unit |
| 151 | for research services within the department and shall provide |
| 152 | technical assistance, best practices, and policy and research |
| 153 | assistance and support to the department's policymakers. |
| 154 | Section 2. Paragraph (c) of subsection (1) of section |
| 155 | 27.51, Florida Statutes, is amended to read: |
| 156 | 27.51 Duties of public defender.-- |
| 157 | (1) The public defender shall represent, without |
| 158 | additional compensation, any person determined to be indigent |
| 159 | under s. 27.52 and: |
| 160 | (c) Alleged to be a delinquent child at all stages of any |
| 161 | delinquency court proceedings pursuant to a petition filed |
| 162 | before a circuit court; |
| 163 | Section 3. Paragraph (i) is added to subsection (4) of |
| 164 | section 394.492, Florida Statutes, to read: |
| 165 | 394.492 Definitions.--As used in ss. 394.490-394.497, the |
| 166 | term: |
| 167 | (4) "Child or adolescent at risk of emotional disturbance" |
| 168 | means a person under 18 years of age who has an increased |
| 169 | likelihood of becoming emotionally disturbed because of risk |
| 170 | factors that include, but are not limited to: |
| 171 | (i) Having been under 11 years of age at the time of |
| 172 | referral for a delinquent act. |
| 173 | Section 4. Subsection (9) of section 984.03, Florida |
| 174 | Statutes, is amended to read: |
| 175 | 984.03 Definitions.--When used in this chapter, the term: |
| 176 | (9) "Child in need of services" means a child for whom |
| 177 | there is no pending investigation into an allegation or |
| 178 | suspicion of abuse, neglect, or abandonment; no pending petition |
| 179 | referral alleging the child is delinquent; or no current |
| 180 | supervision by the Department of Juvenile Justice or the |
| 181 | Department of Children and Family Services for an adjudication |
| 182 | of dependency or delinquency. The child must also, pursuant to |
| 183 | this chapter, be found by the court: |
| 184 | (a) To have persistently run away from the child's parents |
| 185 | or legal custodians despite reasonable efforts of the child, the |
| 186 | parents or legal custodians, and appropriate agencies to remedy |
| 187 | the conditions contributing to the behavior. Reasonable efforts |
| 188 | shall include voluntary participation by the child's parents or |
| 189 | legal custodians and the child in family mediation, services, |
| 190 | and treatment offered by the Department of Juvenile Justice or |
| 191 | the Department of Children and Family Services; |
| 192 | (b) To be habitually truant from school, while subject to |
| 193 | compulsory school attendance, despite reasonable efforts to |
| 194 | remedy the situation pursuant to ss. 1003.26 and 1003.27 and |
| 195 | through voluntary participation by the child's parents or legal |
| 196 | custodians and by the child in family mediation, services, and |
| 197 | treatment offered by the Department of Juvenile Justice or the |
| 198 | Department of Children and Family Services; or |
| 199 | (c) To have persistently disobeyed the reasonable and |
| 200 | lawful demands of the child's parents or legal custodians, and |
| 201 | to be beyond their control despite efforts by the child's |
| 202 | parents or legal custodians and appropriate agencies to remedy |
| 203 | the conditions contributing to the behavior. Reasonable efforts |
| 204 | may include such things as good faith participation in family or |
| 205 | individual counseling. |
| 206 | Section 5. Subsection (7) of section 985.03, Florida |
| 207 | Statutes, is amended to read: |
| 208 | 985.03 Definitions.--As used in this chapter, the term: |
| 209 | (7) "Child in need of services" means a child for whom |
| 210 | there is no pending investigation into an allegation or |
| 211 | suspicion of abuse, neglect, or abandonment; no pending petition |
| 212 | referral alleging the child is delinquent; or no current |
| 213 | supervision by the department or the Department of Children and |
| 214 | Family Services for an adjudication of dependency or |
| 215 | delinquency. The child must also, under this chapter, be found |
| 216 | by the court: |
| 217 | (a) To have persistently run away from the child's parents |
| 218 | or legal custodians despite reasonable efforts of the child, the |
| 219 | parents or legal custodians, and appropriate agencies to remedy |
| 220 | the conditions contributing to the behavior. Reasonable efforts |
| 221 | shall include voluntary participation by the child's parents or |
| 222 | legal custodians and the child in family mediation, services, |
| 223 | and treatment offered by the department or the Department of |
| 224 | Children and Family Services; |
| 225 | (b) To be habitually truant from school, while subject to |
| 226 | compulsory school attendance, despite reasonable efforts to |
| 227 | remedy the situation under ss. 1003.26 and 1003.27 and through |
| 228 | voluntary participation by the child's parents or legal |
| 229 | custodians and by the child in family mediation, services, and |
| 230 | treatment offered by the Department of Juvenile Justice or the |
| 231 | Department of Children and Family Services; or |
| 232 | (c) To have persistently disobeyed the reasonable and |
| 233 | lawful demands of the child's parents or legal custodians, and |
| 234 | to be beyond their control despite efforts by the child's |
| 235 | parents or legal custodians and appropriate agencies to remedy |
| 236 | the conditions contributing to the behavior. Reasonable efforts |
| 237 | may include such things as good faith participation in family or |
| 238 | individual counseling. |
| 239 | Section 6. Section 409.9025, Florida Statutes, is amended |
| 240 | to read: |
| 241 | 409.9025 Eligibility while an inmate or in certain |
| 242 | juvenile programs.-- |
| 243 | (1) Notwithstanding any other provision of law other than |
| 244 | s. 409.9021, in the event that a person who is an inmate in the |
| 245 | state's correctional system as defined in s. 944.02, in a county |
| 246 | detention facility as defined in s. 951.23, or in a municipal |
| 247 | detention facility as defined in s. 951.23 or committed to a |
| 248 | high-risk residential or maximum-risk residential juvenile |
| 249 | program as defined in s. 985.03(44) was in receipt of medical |
| 250 | assistance under this chapter immediately prior to being |
| 251 | admitted as an inmate or committed, such person shall remain |
| 252 | eligible for medical assistance while an inmate or while |
| 253 | committed, except that no medical assistance shall be furnished |
| 254 | under this chapter for any care, services, or supplies provided |
| 255 | during such time as the person is an inmate or is committed; |
| 256 | however, nothing in this section shall be deemed as preventing |
| 257 | the provision of medical assistance for inpatient hospital |
| 258 | services furnished to such person an inmate at a hospital |
| 259 | outside of the premises of the place of incarceration or |
| 260 | commitment inmate's facility to the extent that federal |
| 261 | financial participation is available for the costs of such |
| 262 | services. |
| 263 | (2) Upon release from incarceration or commitment, such |
| 264 | person shall continue to be eligible for receipt of medical |
| 265 | assistance furnished under this chapter until such time as the |
| 266 | person is otherwise determined to no longer be eligible for such |
| 267 | assistance. |
| 268 | (3) To the extent permitted by federal law, the time |
| 269 | during which such person is an inmate or was committed to a |
| 270 | juvenile program described in subsection (1) shall not be |
| 271 | included in any calculation of when the person must recertify |
| 272 | his or her eligibility for medical assistance in accordance with |
| 273 | this chapter. |
| 274 | Section 7. Present subsection (3) of section 943.0515, |
| 275 | Florida Statutes, is redesignated as subsection (5), and new |
| 276 | subsections (3) and (4) are added to that section, to read: |
| 277 | 943.0515 Retention of criminal history records of |
| 278 | minors.-- |
| 279 | (3) The department shall notify the appropriate clerk of |
| 280 | the court, the state attorney or statewide prosecutor, the |
| 281 | county, and the arresting agency of any criminal history record |
| 282 | that is expunged under this section. The arresting agency shall |
| 283 | send the department's notification to any other agency to which |
| 284 | the arresting agency disseminated the criminal history record |
| 285 | information and to which the order pertains. The county shall |
| 286 | send the department's notification to any agency, organization, |
| 287 | or company to which the county disseminated the criminal history |
| 288 | information and to which the order pertains. The department |
| 289 | shall send the notification of expungement to the Federal Bureau |
| 290 | of Investigation. The clerk of the court shall certify a copy of |
| 291 | the department's notification to any other agency that has |
| 292 | received the criminal history record, as reflected in the |
| 293 | records of the court. |
| 294 | (4) Any criminal history record that is expunged by the |
| 295 | department under this section must be physically destroyed or |
| 296 | obliterated by any criminal justice agency that has custody of |
| 297 | the record, except that a criminal history record in the custody |
| 298 | of the department must be retained in all cases. |
| 299 | Section 8. Section 943.0585, Florida Statutes, is amended |
| 300 | to read: |
| 301 | 943.0585 Court-ordered expunction of criminal history |
| 302 | records.--The courts of this state have jurisdiction over their |
| 303 | own procedures, including the maintenance, expunction, and |
| 304 | correction of judicial records containing criminal history |
| 305 | information to the extent such procedures are not inconsistent |
| 306 | with the conditions, responsibilities, and duties established by |
| 307 | this section. Any court of competent jurisdiction may order a |
| 308 | criminal justice agency to expunge the criminal history record |
| 309 | of a minor or an adult who complies with the requirements of |
| 310 | this section. The court shall not order a criminal justice |
| 311 | agency to expunge a criminal history record until the person |
| 312 | seeking to expunge a criminal history record has applied for and |
| 313 | received a certificate of eligibility for expunction pursuant to |
| 314 | subsection (3)(2). |
| 315 | (1) PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.--A |
| 316 | criminal history record that relates to a violation of s. |
| 317 | 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. |
| 318 | 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter |
| 319 | 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. |
| 320 | 916.1075, a violation enumerated in s. 907.041, or any violation |
| 321 | specified as a predicate offense for registration as a sexual |
| 322 | predator pursuant to s. 775.21, without regard to whether that |
| 323 | offense alone is sufficient to require such registration, or for |
| 324 | registration as a sexual offender pursuant to s. 943.0435, may |
| 325 | not be expunged, without regard to whether adjudication was |
| 326 | withheld, if the defendant was found guilty of or pled guilty or |
| 327 | nolo contendere to the offense, or if the defendant, as a minor, |
| 328 | was found to have committed, or pled guilty or nolo contendere |
| 329 | to committing, the offense as a delinquent act even if the |
| 330 | adjudication was withheld. The prohibition applies only to cases |
| 331 | in which the defendant, including a minor, was found guilty of |
| 332 | or pled guilty or nolo contendere to the offense. In all other |
| 333 | instances involving the enumerated offenses in this subsection, |
| 334 | the record may be expunged if an indictment, information, or |
| 335 | other charging document was not filed or issued in the case or, |
| 336 | if filed or issued in the case, was dismissed or nolle prosequi |
| 337 | by the state attorney or statewide prosecutor or was dismissed |
| 338 | by a court of competent jurisdiction, or the person was found |
| 339 | not guilty or acquitted by a judge or jury. The court may only |
| 340 | order expunction of a criminal history record pertaining to one |
| 341 | arrest or one incident of alleged criminal activity, except as |
| 342 | provided in this section. The court may, at its sole discretion, |
| 343 | order the expunction of a criminal history record pertaining to |
| 344 | more than one arrest if the additional arrests directly relate |
| 345 | to the original arrest. If the court intends to order the |
| 346 | expunction of records pertaining to such additional arrests, |
| 347 | such intent must be specified in the order. A criminal justice |
| 348 | agency may not expunge any record pertaining to such additional |
| 349 | arrests if the order to expunge does not articulate the |
| 350 | intention of the court to expunge a record pertaining to more |
| 351 | than one arrest. This section does not prevent the court from |
| 352 | ordering the expunction of only a portion of a criminal history |
| 353 | record pertaining to one arrest or one incident of alleged |
| 354 | criminal activity. Notwithstanding any law to the contrary, a |
| 355 | criminal justice agency may comply with laws, court orders, and |
| 356 | official requests of other jurisdictions relating to expunction, |
| 357 | correction, or confidential handling of criminal history records |
| 358 | or information derived therefrom. This section does not confer |
| 359 | any right to the expunction of any criminal history record, and |
| 360 | any request for expunction of a criminal history record may be |
| 361 | denied at the sole discretion of the court. |
| 362 | (2)(1) PETITION TO EXPUNGE A CRIMINAL HISTORY |
| 363 | RECORD.--Each petition to a court to expunge a criminal history |
| 364 | record is complete only when accompanied by: |
| 365 | (a) A valid certificate of eligibility for expunction |
| 366 | issued by the department pursuant to subsection (3)(2). |
| 367 | (b) The petitioner's sworn statement attesting that the |
| 368 | petitioner: |
| 369 | 1. Has never, prior to the date on which the petition is |
| 370 | filed, been adjudicated guilty of a criminal offense or |
| 371 | comparable ordinance violation, or been adjudicated delinquent |
| 372 | for committing any felony or a misdemeanor specified in s. |
| 373 | 943.051(3)(b). |
| 374 | 2. Has not been adjudicated guilty of, or adjudicated |
| 375 | delinquent for committing, any of the acts stemming from the |
| 376 | arrest or alleged criminal activity to which the petition |
| 377 | pertains. |
| 378 | 3. Except as otherwise provided in this section, has never |
| 379 | secured a prior sealing or expunction of a criminal history |
| 380 | record under this section, former s. 893.14, former s. 901.33, |
| 381 | or former s. 943.058, or from any jurisdiction outside the |
| 382 | state, unless expunction is sought of a criminal history record |
| 383 | previously sealed for 10 years pursuant to paragraph (3)(2)(h) |
| 384 | and the record is otherwise eligible for expunction. |
| 385 | 4. Is eligible for such an expunction to the best of his |
| 386 | or her knowledge or belief and does not have any other petition |
| 387 | to expunge or any petition to seal pending before any court. |
| 388 |
|
| 389 | Any person who knowingly provides false information on such |
| 390 | sworn statement to the court commits a felony of the third |
| 391 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 392 | 775.084. |
| 393 | (3)(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Before |
| 394 | Prior to petitioning the court to expunge a criminal history |
| 395 | record, a person seeking to expunge a criminal history record |
| 396 | shall apply to the department for a certificate of eligibility |
| 397 | for expunction. The department shall, by rule adopted pursuant |
| 398 | to chapter 120, establish procedures pertaining to the |
| 399 | application for and issuance of certificates of eligibility for |
| 400 | expunction. A certificate of eligibility for expunction is valid |
| 401 | for 12 months after the date stamped on the certificate when |
| 402 | issued by the department. After that time, the petitioner must |
| 403 | reapply to the department for a new certificate of eligibility. |
| 404 | Eligibility for a renewed certification of eligibility must be |
| 405 | based on the status of the applicant and the law in effect at |
| 406 | the time of the renewal application. The department shall issue |
| 407 | a certificate of eligibility for expunction to a person who is |
| 408 | the subject of a criminal history record if that person: |
| 409 | (a) Has obtained, and submitted to the department, a |
| 410 | written, certified statement from the appropriate state attorney |
| 411 | or statewide prosecutor which indicates: |
| 412 | 1. That an indictment, information, or other charging |
| 413 | document was not filed or issued in the case. |
| 414 | 2. That an indictment, information, or other charging |
| 415 | document, if filed or issued in the case, was dismissed or nolle |
| 416 | prosequi by the state attorney or statewide prosecutor, or was |
| 417 | dismissed by a court of competent jurisdiction, or that the |
| 418 | person was found not guilty or acquitted by a judge or jury and |
| 419 | that none of the charges related to the arrest or alleged |
| 420 | criminal activity to which the petition to expunge pertains |
| 421 | resulted in a trial, without regard to whether the outcome of |
| 422 | the trial was other than an adjudication of guilt. |
| 423 | 3. That the criminal history record does not relate to a |
| 424 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 425 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 426 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 427 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 428 | any violation specified as a predicate offense for registration |
| 429 | as a sexual predator pursuant to s. 775.21, without regard to |
| 430 | whether that offense alone is sufficient to require such |
| 431 | registration, or for registration as a sexual offender pursuant |
| 432 | to s. 943.0435, where the defendant was found guilty of, or pled |
| 433 | guilty or nolo contendere to any such offense, or that the |
| 434 | defendant, as a minor, was found to have committed, or pled |
| 435 | guilty or nolo contendere to committing, such an offense as a |
| 436 | delinquent act, without regard to whether adjudication was |
| 437 | withheld. |
| 438 | (b) Remits a $75 processing fee to the department for |
| 439 | placement in the Department of Law Enforcement Operating Trust |
| 440 | Fund, unless such fee is waived by the executive director. |
| 441 | (c) Has submitted to the department a certified copy of |
| 442 | the disposition of the charge to which the petition to expunge |
| 443 | pertains. |
| 444 | (d) Has never, prior to the date on which the application |
| 445 | for a certificate of eligibility is filed, been adjudicated |
| 446 | guilty of a criminal offense or comparable ordinance violation, |
| 447 | or been adjudicated delinquent for committing any felony or a |
| 448 | misdemeanor specified in s. 943.051(3)(b). |
| 449 | (e) Has not been adjudicated guilty of, or adjudicated |
| 450 | delinquent for committing, any of the acts stemming from the |
| 451 | arrest or alleged criminal activity to which the petition to |
| 452 | expunge pertains. |
| 453 | (f) Has never secured a prior sealing or expunction of a |
| 454 | criminal history record under this section, former s. 893.14, |
| 455 | former s. 901.33, or former s. 943.058 involving an offense for |
| 456 | which the defendant had been found guilty or pled guilty or nolo |
| 457 | contendere, unless expunction is sought of a criminal history |
| 458 | record previously sealed for 10 years pursuant to paragraph (h) |
| 459 | and the record is otherwise eligible for expunction. |
| 460 | (g) Is no longer under court supervision applicable to the |
| 461 | disposition of the arrest or alleged criminal activity to which |
| 462 | the petition to expunge pertains. |
| 463 | (h) Has previously obtained a court order sealing the |
| 464 | record under this section, former s. 893.14, former s. 901.33, |
| 465 | or former s. 943.058 for a minimum of 10 years because |
| 466 | adjudication was withheld or because all charges related to the |
| 467 | arrest or alleged criminal activity to which the petition to |
| 468 | expunge pertains were not dismissed prior to trial, without |
| 469 | regard to whether the outcome of the trial was other than an |
| 470 | adjudication of guilt. The requirement for the record to have |
| 471 | previously been sealed for a minimum of 10 years does not apply |
| 472 | when a plea was not entered or all charges related to the arrest |
| 473 | or alleged criminal activity to which the petition to expunge |
| 474 | pertains were dismissed prior to trial. |
| 475 | (4)(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.-- |
| 476 | (a) In judicial proceedings under this section, a copy of |
| 477 | the completed petition to expunge shall be served upon the |
| 478 | appropriate state attorney or the statewide prosecutor and upon |
| 479 | the arresting agency; however, it is not necessary to make any |
| 480 | agency other than the state a party. The appropriate state |
| 481 | attorney or the statewide prosecutor and the arresting agency |
| 482 | may respond to the court regarding the completed petition to |
| 483 | expunge. |
| 484 | (b) If relief is granted by the court, the clerk of the |
| 485 | court shall certify copies of the order to the appropriate state |
| 486 | attorney or the statewide prosecutor, the county, and the |
| 487 | arresting agency. The arresting agency is responsible for |
| 488 | forwarding the order to any other agency to which the arresting |
| 489 | agency disseminated the criminal history record information to |
| 490 | which the order pertains. The county is responsible for |
| 491 | forwarding the order to any agency, organization, or company to |
| 492 | which the county disseminated the criminal history record |
| 493 | information to which the order pertains. The department shall |
| 494 | forward the order to expunge to the Federal Bureau of |
| 495 | Investigation. The clerk of the court shall certify a copy of |
| 496 | the order to any other agency which the records of the court |
| 497 | reflect has received the criminal history record from the court. |
| 498 | (c) For an order to expunge entered by a court prior to |
| 499 | July 1, 1992, the department shall notify the appropriate state |
| 500 | attorney or statewide prosecutor of an order to expunge which is |
| 501 | contrary to law because the person who is the subject of the |
| 502 | record has previously been convicted of a crime or comparable |
| 503 | ordinance violation or has had a prior criminal history record |
| 504 | sealed or expunged. Upon receipt of such notice, the appropriate |
| 505 | state attorney or statewide prosecutor shall take action, within |
| 506 | 60 days, to correct the record and petition the court to void |
| 507 | the order to expunge. The department shall seal the record until |
| 508 | such time as the order is voided by the court. |
| 509 | (d) On or after July 1, 1992, the department or any other |
| 510 | criminal justice agency is not required to act on an order to |
| 511 | expunge entered by a court when such order does not comply with |
| 512 | the requirements of this section. Upon receipt of such an order, |
| 513 | the department must notify the issuing court, the appropriate |
| 514 | state attorney or statewide prosecutor, the petitioner or the |
| 515 | petitioner's attorney, and the arresting agency of the reason |
| 516 | for noncompliance. The appropriate state attorney or statewide |
| 517 | prosecutor shall take action within 60 days to correct the |
| 518 | record and petition the court to void the order. No cause of |
| 519 | action, including contempt of court, shall arise against any |
| 520 | criminal justice agency for failure to comply with an order to |
| 521 | expunge when the petitioner for such order failed to obtain the |
| 522 | certificate of eligibility as required by this section or such |
| 523 | order does not otherwise comply with the requirements of this |
| 524 | section. |
| 525 | (5)(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any |
| 526 | criminal history record of a minor or an adult which is ordered |
| 527 | expunged by a court of competent jurisdiction pursuant to this |
| 528 | section must be physically destroyed or obliterated by any |
| 529 | criminal justice agency having custody of such record; except |
| 530 | that any criminal history record in the custody of the |
| 531 | department must be retained in all cases. A criminal history |
| 532 | record ordered expunged that is retained by the department is |
| 533 | confidential and exempt from the provisions of s. 119.07(1) and |
| 534 | s. 24(a), Art. I of the State Constitution and not available to |
| 535 | any person or entity except upon order of a court of competent |
| 536 | jurisdiction. A criminal justice agency may retain a notation |
| 537 | indicating compliance with an order to expunge. |
| 538 | (a) The person who is the subject of a criminal history |
| 539 | record that is expunged under this section or under other |
| 540 | provisions of law, including former s. 893.14, former s. 901.33, |
| 541 | and former s. 943.058, may lawfully deny or fail to acknowledge |
| 542 | the arrests covered by the expunged record, except when the |
| 543 | subject of the record: |
| 544 | 1. Is a candidate for employment with a criminal justice |
| 545 | agency; |
| 546 | 2. Is a defendant in a criminal prosecution; |
| 547 | 3. Concurrently or subsequently petitions for relief under |
| 548 | this section or s. 943.059; |
| 549 | 4. Is a candidate for admission to The Florida Bar; |
| 550 | 5. Is seeking to be employed or licensed by or to contract |
| 551 | with the Department of Children and Family Services, the Agency |
| 552 | for Health Care Administration, the Agency for Persons with |
| 553 | Disabilities, or the Department of Juvenile Justice or to be |
| 554 | employed or used by such contractor or licensee in a sensitive |
| 555 | position having direct contact with children, the |
| 556 | developmentally disabled, the aged, or the elderly as provided |
| 557 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 558 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), |
| 559 | chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 560 | 6. Is seeking to be employed or licensed by the Department |
| 561 | of Education, any district school board, any university |
| 562 | laboratory school, any charter school, any private or parochial |
| 563 | school, or any local governmental entity that licenses child |
| 564 | care facilities; or |
| 565 | 7. Is seeking authorization from a Florida seaport |
| 566 | identified in s. 311.09 for employment within or access to one |
| 567 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 568 | (b) Subject to the exceptions in paragraph (a), a person |
| 569 | who has been granted an expunction under this section, former s. |
| 570 | 893.14, former s. 901.33, or former s. 943.058 may not be held |
| 571 | under any provision of law of this state to commit perjury or to |
| 572 | be otherwise liable for giving a false statement by reason of |
| 573 | such person's failure to recite or acknowledge an expunged |
| 574 | criminal history record. |
| 575 | (c) Information relating to the existence of an expunged |
| 576 | criminal history record which is provided in accordance with |
| 577 | paragraph (a) is confidential and exempt from the provisions of |
| 578 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, |
| 579 | except that the department shall disclose the existence of a |
| 580 | criminal history record ordered expunged to the entities set |
| 581 | forth in subparagraphs (a)1., 4., 5., 6., and 7. for their |
| 582 | respective licensing, access authorization, and employment |
| 583 | purposes, and to criminal justice agencies for their respective |
| 584 | criminal justice purposes. It is unlawful for any employee of an |
| 585 | entity set forth in subparagraph (a)1., subparagraph (a)4., |
| 586 | subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to |
| 587 | disclose information relating to the existence of an expunged |
| 588 | criminal history record of a person seeking employment, access |
| 589 | authorization, or licensure with such entity or contractor, |
| 590 | except to the person to whom the criminal history record relates |
| 591 | or to persons having direct responsibility for employment, |
| 592 | access authorization, or licensure decisions. Any person who |
| 593 | violates this paragraph commits a misdemeanor of the first |
| 594 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 595 | (d) An agency, organization, or company to which the |
| 596 | county, department, or arresting agency disseminated the |
| 597 | criminal history record information and which has received the |
| 598 | order expunging the record may not release the expunged |
| 599 | information to the public after 30 days following the date that |
| 600 | it receives the court order expunging the record. |
| 601 | (6)(5) STATUTORY REFERENCES.--Any reference to any other |
| 602 | chapter, section, or subdivision of the Florida Statutes in this |
| 603 | section constitutes a general reference under the doctrine of |
| 604 | incorporation by reference. |
| 605 | Section 9. Section 943.059, Florida Statutes, is amended |
| 606 | to read: |
| 607 | 943.059 Court-ordered sealing of criminal history |
| 608 | records.--The courts of this state shall continue to have |
| 609 | jurisdiction over their own procedures, including the |
| 610 | maintenance, sealing, and correction of judicial records |
| 611 | containing criminal history information to the extent such |
| 612 | procedures are not inconsistent with the conditions, |
| 613 | responsibilities, and duties established by this section. Any |
| 614 | court of competent jurisdiction may order a criminal justice |
| 615 | agency to seal the criminal history record of a minor or an |
| 616 | adult who complies with the requirements of this section. The |
| 617 | court shall not order a criminal justice agency to seal a |
| 618 | criminal history record until the person seeking to seal a |
| 619 | criminal history record has applied for and received a |
| 620 | certificate of eligibility for sealing pursuant to subsection |
| 621 | (3)(2). |
| 622 | (1) PROHIBITION AGAINST SEALING CERTAIN RECORDS.--A |
| 623 | criminal history record that relates to a violation of s. |
| 624 | 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. |
| 625 | 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter |
| 626 | 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. |
| 627 | 916.1075, a violation enumerated in s. 907.041, or any violation |
| 628 | specified as a predicate offense for registration as a sexual |
| 629 | predator pursuant to s. 775.21, without regard to whether that |
| 630 | offense alone is sufficient to require such registration, or for |
| 631 | registration as a sexual offender pursuant to s. 943.0435, may |
| 632 | not be sealed, without regard to whether adjudication was |
| 633 | withheld, if the defendant was found guilty of or pled guilty or |
| 634 | nolo contendere to the offense, or if the defendant, as a minor, |
| 635 | was found to have committed or pled guilty or nolo contendere to |
| 636 | committing the offense as a delinquent act even if the |
| 637 | adjudication was withheld. The prohibition applies only to cases |
| 638 | in which the defendant, including a minor, was found guilty of |
| 639 | or pled guilty or nolo contendere to the offense. In all other |
| 640 | instances involving the enumerated offenses in this subsection, |
| 641 | the record may be sealed if an indictment, information, or other |
| 642 | charging document was not filed or issued in the case or, if |
| 643 | filed or issued in the case, was dismissed or nolle prosequi by |
| 644 | the state attorney or statewide prosecutor or was dismissed by a |
| 645 | court of competent jurisdiction, or the person was found not |
| 646 | guilty or acquitted by a judge or jury. The court may only order |
| 647 | sealing of a criminal history record pertaining to one arrest or |
| 648 | one incident of alleged criminal activity, except as provided in |
| 649 | this section. The court may, at its sole discretion, order the |
| 650 | sealing of a criminal history record pertaining to more than one |
| 651 | arrest if the additional arrests directly relate to the original |
| 652 | arrest. If the court intends to order the sealing of records |
| 653 | pertaining to such additional arrests, such intent must be |
| 654 | specified in the order. A criminal justice agency may not seal |
| 655 | any record pertaining to such additional arrests if the order to |
| 656 | seal does not articulate the intention of the court to seal |
| 657 | records pertaining to more than one arrest. This section does |
| 658 | not prevent the court from ordering the sealing of only a |
| 659 | portion of a criminal history record pertaining to one arrest or |
| 660 | one incident of alleged criminal activity. Notwithstanding any |
| 661 | law to the contrary, a criminal justice agency may comply with |
| 662 | laws, court orders, and official requests of other jurisdictions |
| 663 | relating to sealing, correction, or confidential handling of |
| 664 | criminal history records or information derived therefrom. This |
| 665 | section does not confer any right to the sealing of any criminal |
| 666 | history record, and any request for sealing a criminal history |
| 667 | record may be denied at the sole discretion of the court. |
| 668 | (2)(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each |
| 669 | petition to a court to seal a criminal history record is |
| 670 | complete only when accompanied by: |
| 671 | (a) A valid certificate of eligibility for sealing issued |
| 672 | by the department pursuant to subsection (3)(2). |
| 673 | (b) The petitioner's sworn statement attesting that the |
| 674 | petitioner: |
| 675 | 1. Has never, prior to the date on which the petition is |
| 676 | filed, been adjudicated guilty of a criminal offense or |
| 677 | comparable ordinance violation, or been adjudicated delinquent |
| 678 | for committing any felony or a misdemeanor specified in s. |
| 679 | 943.051(3)(b). |
| 680 | 2. Has not been adjudicated guilty of or adjudicated |
| 681 | delinquent for committing any of the acts stemming from the |
| 682 | arrest or alleged criminal activity to which the petition to |
| 683 | seal pertains. |
| 684 | 3. Except as otherwise provided in this section, has never |
| 685 | secured a prior sealing or expunction of a criminal history |
| 686 | record under this section, former s. 893.14, former s. 901.33, |
| 687 | former s. 943.058, or from any jurisdiction outside the state. |
| 688 | 4. Is eligible for such a sealing to the best of his or |
| 689 | her knowledge or belief and does not have any other petition to |
| 690 | seal or any petition to expunge pending before any court. |
| 691 |
|
| 692 | Any person who knowingly provides false information on such |
| 693 | sworn statement to the court commits a felony of the third |
| 694 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 695 | 775.084. |
| 696 | (3)(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to |
| 697 | petitioning the court to seal a criminal history record, a |
| 698 | person seeking to seal a criminal history record shall apply to |
| 699 | the department for a certificate of eligibility for sealing. The |
| 700 | department shall, by rule adopted pursuant to chapter 120, |
| 701 | establish procedures pertaining to the application for and |
| 702 | issuance of certificates of eligibility for sealing. A |
| 703 | certificate of eligibility for sealing is valid for 12 months |
| 704 | after the date stamped on the certificate when issued by the |
| 705 | department. After that time, the petitioner must reapply to the |
| 706 | department for a new certificate of eligibility. Eligibility for |
| 707 | a renewed certification of eligibility must be based on the |
| 708 | status of the applicant and the law in effect at the time of the |
| 709 | renewal application. The department shall issue a certificate of |
| 710 | eligibility for sealing to a person who is the subject of a |
| 711 | criminal history record provided that such person: |
| 712 | (a) Has submitted to the department a certified copy of |
| 713 | the disposition of the charge to which the petition to seal |
| 714 | pertains. |
| 715 | (b) Remits a $75 processing fee to the department for |
| 716 | placement in the Department of Law Enforcement Operating Trust |
| 717 | Fund, unless such fee is waived by the executive director. |
| 718 | (c) Has never, prior to the date on which the application |
| 719 | for a certificate of eligibility is filed, been adjudicated |
| 720 | guilty of a criminal offense or comparable ordinance violation, |
| 721 | or been adjudicated delinquent for committing any felony or a |
| 722 | misdemeanor specified in s. 943.051(3)(b). |
| 723 | (d) Has not been adjudicated guilty of or adjudicated |
| 724 | delinquent for committing any of the acts stemming from the |
| 725 | arrest or alleged criminal activity to which the petition to |
| 726 | seal pertains. |
| 727 | (e) Has never secured a prior sealing or expunction of a |
| 728 | criminal history record under this section, former s. 893.14, |
| 729 | former s. 901.33, or former s. 943.058 involving an offense for |
| 730 | which the defendant had been found guilty or pled guilty or nolo |
| 731 | contendere. |
| 732 | (f) Is no longer under court supervision applicable to the |
| 733 | disposition of the arrest or alleged criminal activity to which |
| 734 | the petition to seal pertains. |
| 735 | (4)(3) PROCESSING OF A PETITION OR ORDER TO SEAL.-- |
| 736 | (a) In judicial proceedings under this section, a copy of |
| 737 | the completed petition to seal shall be served upon the |
| 738 | appropriate state attorney or the statewide prosecutor and upon |
| 739 | the arresting agency; however, it is not necessary to make any |
| 740 | agency other than the state a party. The appropriate state |
| 741 | attorney or the statewide prosecutor and the arresting agency |
| 742 | may respond to the court regarding the completed petition to |
| 743 | seal. |
| 744 | (b) If relief is granted by the court, the clerk of the |
| 745 | court shall certify copies of the order to the appropriate state |
| 746 | attorney or the statewide prosecutor, the county, and to the |
| 747 | arresting agency. The arresting agency is responsible for |
| 748 | forwarding the order to any other agency to which the arresting |
| 749 | agency disseminated the criminal history record information to |
| 750 | which the order pertains. The county is responsible for |
| 751 | forwarding the order to any agency, organization, or company to |
| 752 | which the county disseminated the criminal history record |
| 753 | information to which the order pertains. The department shall |
| 754 | forward the order to seal to the Federal Bureau of |
| 755 | Investigation. The clerk of the court shall certify a copy of |
| 756 | the order to any other agency which the records of the court |
| 757 | reflect has received the criminal history record from the court. |
| 758 | (c) For an order to seal entered by a court prior to July |
| 759 | 1, 1992, the department shall notify the appropriate state |
| 760 | attorney or statewide prosecutor of any order to seal which is |
| 761 | contrary to law because the person who is the subject of the |
| 762 | record has previously been convicted of a crime or comparable |
| 763 | ordinance violation or has had a prior criminal history record |
| 764 | sealed or expunged. Upon receipt of such notice, the appropriate |
| 765 | state attorney or statewide prosecutor shall take action, within |
| 766 | 60 days, to correct the record and petition the court to void |
| 767 | the order to seal. The department shall seal the record until |
| 768 | such time as the order is voided by the court. |
| 769 | (d) On or after July 1, 1992, the department or any other |
| 770 | criminal justice agency is not required to act on an order to |
| 771 | seal entered by a court when such order does not comply with the |
| 772 | requirements of this section. Upon receipt of such an order, the |
| 773 | department must notify the issuing court, the appropriate state |
| 774 | attorney or statewide prosecutor, the petitioner or the |
| 775 | petitioner's attorney, and the arresting agency of the reason |
| 776 | for noncompliance. The appropriate state attorney or statewide |
| 777 | prosecutor shall take action within 60 days to correct the |
| 778 | record and petition the court to void the order. No cause of |
| 779 | action, including contempt of court, shall arise against any |
| 780 | criminal justice agency for failure to comply with an order to |
| 781 | seal when the petitioner for such order failed to obtain the |
| 782 | certificate of eligibility as required by this section or when |
| 783 | such order does not comply with the requirements of this |
| 784 | section. |
| 785 | (e) An order sealing a criminal history record pursuant to |
| 786 | this section does not require that such record be surrendered to |
| 787 | the court, and such record shall continue to be maintained by |
| 788 | the department and other criminal justice agencies. |
| 789 | (f) An agency, organization, or company to which the |
| 790 | county, department, or arresting agency disseminated the |
| 791 | criminal history record information and which has received the |
| 792 | order sealing the record may not release the sealed information |
| 793 | to the public after 30 days following the date that it receives |
| 794 | the court order sealing the record. |
| 795 | (5)(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A |
| 796 | criminal history record of a minor or an adult which is ordered |
| 797 | sealed by a court of competent jurisdiction pursuant to this |
| 798 | section is confidential and exempt from the provisions of s. |
| 799 | 119.07(1) and s. 24(a), Art. I of the State Constitution and is |
| 800 | available only to the person who is the subject of the record, |
| 801 | to the subject's attorney, to criminal justice agencies for |
| 802 | their respective criminal justice purposes, which include |
| 803 | conducting a criminal history background check for approval of |
| 804 | firearms purchases or transfers as authorized by state or |
| 805 | federal law, to judges in the state courts system for the |
| 806 | purpose of assisting them in their case-related decisionmaking |
| 807 | responsibilities, as set forth in s. 943.053(5), or to those |
| 808 | entities set forth in subparagraphs (a)1., 4., 5., 6., and 8. |
| 809 | for their respective licensing, access authorization, and |
| 810 | employment purposes. |
| 811 | (a) The subject of a criminal history record sealed under |
| 812 | this section or under other provisions of law, including former |
| 813 | s. 893.14, former s. 901.33, and former s. 943.058, may lawfully |
| 814 | deny or fail to acknowledge the arrests covered by the sealed |
| 815 | record, except when the subject of the record: |
| 816 | 1. Is a candidate for employment with a criminal justice |
| 817 | agency; |
| 818 | 2. Is a defendant in a criminal prosecution; |
| 819 | 3. Concurrently or subsequently petitions for relief under |
| 820 | this section or s. 943.0585; |
| 821 | 4. Is a candidate for admission to The Florida Bar; |
| 822 | 5. Is seeking to be employed or licensed by or to contract |
| 823 | with the Department of Children and Family Services, the Agency |
| 824 | for Health Care Administration, the Agency for Persons with |
| 825 | Disabilities, or the Department of Juvenile Justice or to be |
| 826 | employed or used by such contractor or licensee in a sensitive |
| 827 | position having direct contact with children, the |
| 828 | developmentally disabled, the aged, or the elderly as provided |
| 829 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 830 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. |
| 831 | 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 832 | 6. Is seeking to be employed or licensed by the Department |
| 833 | of Education, any district school board, any university |
| 834 | laboratory school, any charter school, any private or parochial |
| 835 | school, or any local governmental entity that licenses child |
| 836 | care facilities; |
| 837 | 7. Is attempting to purchase a firearm from a licensed |
| 838 | importer, licensed manufacturer, or licensed dealer and is |
| 839 | subject to a criminal history background check under state or |
| 840 | federal law; or |
| 841 | 8. Is seeking authorization from a Florida seaport |
| 842 | identified in s. 311.09 for employment within or access to one |
| 843 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 844 | (b) Subject to the exceptions in paragraph (a), a person |
| 845 | who has been granted a sealing under this section, former s. |
| 846 | 893.14, former s. 901.33, or former s. 943.058 may not be held |
| 847 | under any provision of law of this state to commit perjury or to |
| 848 | be otherwise liable for giving a false statement by reason of |
| 849 | such person's failure to recite or acknowledge a sealed criminal |
| 850 | history record. |
| 851 | (c) Information relating to the existence of a sealed |
| 852 | criminal record provided in accordance with the provisions of |
| 853 | paragraph (a) is confidential and exempt from the provisions of |
| 854 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, |
| 855 | except that the department shall disclose the sealed criminal |
| 856 | history record to the entities set forth in subparagraphs (a)1., |
| 857 | 4., 5., 6., and 8. for their respective licensing, access |
| 858 | authorization, and employment purposes. It is unlawful for any |
| 859 | employee of an entity set forth in subparagraph (a)1., |
| 860 | subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or |
| 861 | subparagraph (a)8. to disclose information relating to the |
| 862 | existence of a sealed criminal history record of a person |
| 863 | seeking employment, access authorization, or licensure with such |
| 864 | entity or contractor, except to the person to whom the criminal |
| 865 | history record relates or to persons having direct |
| 866 | responsibility for employment, access authorization, or |
| 867 | licensure decisions. Any person who violates the provisions of |
| 868 | this paragraph commits a misdemeanor of the first degree, |
| 869 | punishable as provided in s. 775.082 or s. 775.083. |
| 870 | (6)(5) STATUTORY REFERENCES.--Any reference to any other |
| 871 | chapter, section, or subdivision of the Florida Statutes in this |
| 872 | section constitutes a general reference under the doctrine of |
| 873 | incorporation by reference. |
| 874 | Section 10. Section 943.0582, Florida Statutes, is amended |
| 875 | to read: |
| 876 | 943.0582 Prearrest, postarrest, or teen court diversion |
| 877 | program expunction; nonviolent first-offense expunction.-- |
| 878 | (1) Notwithstanding any law dealing generally with the |
| 879 | preservation and destruction of public records, the department |
| 880 | may provide, by rule adopted pursuant to chapter 120, for the |
| 881 | expunction of any nonjudicial record of the arrest of a minor |
| 882 | who has successfully completed a prearrest or postarrest |
| 883 | diversion program for minors as authorized by s. 985.125 or as |
| 884 | provided in subsection (4). |
| 885 | (2)(a) As used in this section, the term: |
| 886 | (a) "Expunction" has the same meaning ascribed in and |
| 887 | effect as s. 943.0585, except that: |
| 888 | 1. The provisions of s. 943.0585(5)(a) 943.0585(4)(a) do |
| 889 | not apply, except that the criminal history record of a person |
| 890 | whose record is expunged pursuant to this section shall be made |
| 891 | available only to criminal justice agencies for the purpose of |
| 892 | determining eligibility for prearrest, postarrest, or teen court |
| 893 | diversion programs; when the record is sought as part of a |
| 894 | criminal investigation; or when the subject of the record is a |
| 895 | candidate for employment with a criminal justice agency. For all |
| 896 | other purposes, a person whose record is expunged under this |
| 897 | section may lawfully deny or fail to acknowledge the arrest and |
| 898 | the charge covered by the expunged record. |
| 899 | 2. Records maintained by local criminal justice agencies |
| 900 | in the county in which the arrest occurred that are eligible for |
| 901 | expunction pursuant to this section shall be sealed as the term |
| 902 | is used in s. 943.059. |
| 903 | (b) As used in this section, the term "Nonviolent |
| 904 | misdemeanor" includes simple assault or battery when prearrest |
| 905 | or postarrest diversion expunction is approved in writing by the |
| 906 | state attorney for the county in which the arrest occurred. |
| 907 | (c) "Violent offense" means any offense for which one or |
| 908 | more elements of the offense is a violent act or a threat of |
| 909 | violence. Such offenses include, but are not limited to, any |
| 910 | offense listed in s. 775.084(1)(b)1. |
| 911 | (3)(a) The department shall expunge the nonjudicial arrest |
| 912 | record of a minor who has successfully completed a prearrest or |
| 913 | postarrest diversion program if that minor: |
| 914 | 1.(a) Submits an application for prearrest or postarrest |
| 915 | diversion expunction, on a form prescribed by the department, |
| 916 | signed by the minor's parent or legal guardian, or by the minor |
| 917 | if he or she has reached the age of majority at the time of |
| 918 | applying. |
| 919 | 2.(b) Submits the application for prearrest or postarrest |
| 920 | diversion expunction no later than 6 months after completion of |
| 921 | the diversion program. |
| 922 | 3.(c) Submits to the department, with the application, an |
| 923 | official written statement from the state attorney for the |
| 924 | county in which the arrest occurred certifying that he or she |
| 925 | has successfully completed that county's prearrest or postarrest |
| 926 | diversion program and that participation in the program is |
| 927 | strictly limited to minors arrested for a nonviolent misdemeanor |
| 928 | who have not otherwise been charged with or found to have |
| 929 | committed any criminal offense or comparable ordinance |
| 930 | violation. |
| 931 | 4.(d) Participated in a prearrest or postarrest diversion |
| 932 | program that expressly authorizes or permits such expunction to |
| 933 | occur. |
| 934 | 5.(e) Participated in a prearrest or postarrest diversion |
| 935 | program based on an arrest for a nonviolent misdemeanor that |
| 936 | would not qualify as an act of domestic violence as that term is |
| 937 | defined in s. 741.28. |
| 938 | 6.(f) Has never, prior to filing the application for |
| 939 | expunction, been charged with or been found to have committed |
| 940 | any criminal offense or comparable ordinance violation. |
| 941 | (b)(4) The department is authorized to charge a $75 |
| 942 | processing fee for each request received for prearrest or |
| 943 | postarrest diversion program expunction, for placement in the |
| 944 | Department of Law Enforcement Operating Trust Fund, unless such |
| 945 | fee is waived by the executive director. |
| 946 | (4) The department shall automatically expunge the |
| 947 | nonjudicial first-time arrest record of a minor if the minor was |
| 948 | not found to have committed a violent offense and no charges or |
| 949 | petition was brought concerning the offense. The expunction |
| 950 | granted by this subsection shall terminate automatically if a |
| 951 | person whose record is expunged under this subsection is |
| 952 | subsequently found to have committed any criminal offense or |
| 953 | comparable ordinance violation. Upon such an automatic |
| 954 | termination of expunction, the record shall be treated for all |
| 955 | purposes as if the expunction granted by this subsection had |
| 956 | never occurred. |
| 957 | (5) This section operates retroactively to permit the |
| 958 | expunction of any nonjudicial record of the arrest of a minor |
| 959 | who has successfully completed a prearrest or postarrest |
| 960 | diversion program on or after July 1, 2000; however, in the case |
| 961 | of a minor whose completion of the program occurred before the |
| 962 | effective date of this section, the application for prearrest or |
| 963 | postarrest diversion expunction must be submitted within 6 |
| 964 | months after the effective date of this section. |
| 965 | (5)(6) Expunction or sealing granted under this section |
| 966 | does not prevent the minor who receives such relief from |
| 967 | petitioning for the expunction or sealing of a later criminal |
| 968 | history record as provided for in ss. 943.0585 and 943.059, if |
| 969 | the minor is otherwise eligible under those sections. |
| 970 | Section 11. Subsection (1) of section 985.125, Florida |
| 971 | Statutes, is amended to read: |
| 972 | 985.125 Prearrest or postarrest diversion programs.-- |
| 973 | (1) A Law enforcement agencies, agency or school districts |
| 974 | district, or other qualified agencies, in cooperation with the |
| 975 | state attorney, are encouraged to may establish a prearrest or |
| 976 | postarrest diversion programs program. |
| 977 | Section 12. Section 985.165, Florida Statutes, is created |
| 978 | to read: |
| 979 | 985.165 Diversion of first-time drug possession |
| 980 | offenders.-- |
| 981 | (1) The Legislature finds that drug involvement, |
| 982 | especially among young adolescents, is best addressed through |
| 983 | informal settings. Placing young, minor offenders in detention |
| 984 | is more costly and does not provide the most appropriate |
| 985 | mechanism for treatment. Diversion of a youth whose first |
| 986 | referral is for drug possession into substance abuse services |
| 987 | programs should result in fewer youth placed on probation or in |
| 988 | other formal dispositions and more appropriate and effective |
| 989 | handling of youth arrested on drug charges. Diversion of such |
| 990 | youth should also prevent young offenders from exposure to more |
| 991 | serious offenders. |
| 992 | (2) The state shall fund community-based substance abuse |
| 993 | intervention, evaluation, and treatment services programs in |
| 994 | each judicial circuit. A youth who has not previously been |
| 995 | referred to the juvenile justice system for any offense and |
| 996 | whose first referral is for a controlled substance possession in |
| 997 | violation of s. 893.13(6) shall be diverted into a substance |
| 998 | abuse services program. |
| 999 | Section 13. Paragraph (b) of subsection (2) of section |
| 1000 | 985.245, Florida Statutes, is amended to read: |
| 1001 | 985.245 Risk assessment instrument.-- |
| 1002 | (2) |
| 1003 | (b) The risk assessment instrument shall take into |
| 1004 | consideration, but need not be limited to, prior history of |
| 1005 | failure to appear, prior offenses, offenses committed pending |
| 1006 | adjudication, any unlawful possession of a firearm, theft of a |
| 1007 | motor vehicle or possession of a stolen motor vehicle, and |
| 1008 | probation status at the time the child is taken into custody. |
| 1009 | The risk assessment instrument shall also take into |
| 1010 | consideration appropriate aggravating and mitigating |
| 1011 | circumstances, and shall be designed to target a narrower |
| 1012 | population of children than s. 985.255, and shall allow |
| 1013 | additional points to be assessed for a child charged with a |
| 1014 | felony who has a prior residential delinquency commitment. The |
| 1015 | risk assessment instrument shall also include any information |
| 1016 | concerning the child's history of abuse and neglect. The risk |
| 1017 | assessment shall indicate whether detention care is warranted, |
| 1018 | and, if detention care is warranted, whether the child should be |
| 1019 | placed into secure, nonsecure, or home detention care. |
| 1020 | Section 14. Paragraph (e) is added to subsection (1) of |
| 1021 | section 985.441, Florida Statutes, to read: |
| 1022 | 985.441 Commitment.-- |
| 1023 | (1) The court that has jurisdiction of an adjudicated |
| 1024 | delinquent child may, by an order stating the facts upon which a |
| 1025 | determination of a sanction and rehabilitative program was made |
| 1026 | at the disposition hearing: |
| 1027 | (e) Commit the child, if the child is pregnant or a mother |
| 1028 | with an infant child, when appropriate, in a small family-style, |
| 1029 | community-based program, taking into account the safety risk to |
| 1030 | the child, herself, the fetus or infant, and the public. |
| 1031 | Section 15. Section 985.461, Florida Statutes, is created |
| 1032 | to read: |
| 1033 | 985.461 Transition planning team.--Prior to exiting |
| 1034 | juvenile justice commitment programs, all youth shall have made |
| 1035 | available to them the services of an identified community-based, |
| 1036 | interagency transition planning team to facilitate a |
| 1037 | comprehensive, multiagency reintegration of each youth into the |
| 1038 | community. Transition planning teams shall address issues that |
| 1039 | include the youth's housing, education, and employability. |
| 1040 | Section 16. Section 985.495, Florida Statutes, is created |
| 1041 | to read: |
| 1042 | 985.495 Aftercare services for girls.--The department |
| 1043 | shall require community-based, gender-specific aftercare |
| 1044 | services for girls transitioning from department programs. Such |
| 1045 | programs shall include, but are not limited to, mental health, |
| 1046 | substance abuse, family counseling and crisis intervention, |
| 1047 | education and vocational training, and independent or |
| 1048 | transitional living alternatives. The department shall place |
| 1049 | such girls under the supervision of a female probation or |
| 1050 | conditional release case manager. A female caseload supervision |
| 1051 | team shall be established if the number of girls under |
| 1052 | supervision justifies it. |
| 1053 | Section 17. Section 985.622, Florida Statutes, is amended |
| 1054 | to read: |
| 1055 | 985.622 Multiagency plan for vocational education.-- |
| 1056 | (1) The Department of Juvenile Justice and the Department |
| 1057 | of Education shall, in consultation with the statewide Workforce |
| 1058 | Development Youth Council, school districts, providers, and |
| 1059 | others, jointly develop a multiagency plan for vocational |
| 1060 | education that establishes the curriculum, goals, and outcome |
| 1061 | measures for vocational programs in juvenile commitment |
| 1062 | facilities. Vocational training providing educational credits or |
| 1063 | nationally recognized certification shall be available in all |
| 1064 | juvenile justice day treatment programs and residential |
| 1065 | commitment programs. The department shall work with the Agency |
| 1066 | for Workforce Innovation and Workforce Florida, Inc., to ensure |
| 1067 | that all job skills training is in areas directly tied to |
| 1068 | careers listed on Florida's targeted occupation list. The plan |
| 1069 | must include the following: |
| 1070 | (a) Provisions for maximizing appropriate state and |
| 1071 | federal funding sources, including funds under the Workforce |
| 1072 | Investment Act and the Perkins Act.; |
| 1073 | (b) The responsibilities of both departments and all other |
| 1074 | appropriate entities; and |
| 1075 | (c) A detailed implementation schedule. |
| 1076 |
|
| 1077 | The plan must be submitted to the Governor, the President of the |
| 1078 | Senate, and the Speaker of the House of Representatives by May |
| 1079 | 1, 2001. |
| 1080 | (2) The plan must define Vocational programming must be |
| 1081 | that is appropriate based upon: |
| 1082 | (a) The age and assessed educational abilities and goals |
| 1083 | of the youth to be served; and |
| 1084 | (b) The typical length of stay and custody characteristics |
| 1085 | at the commitment program to which each youth is assigned. |
| 1086 | (3) The plan must include a definition of vocational |
| 1087 | programming that includes the following classifications of |
| 1088 | commitment facilities that will offer vocational programming by |
| 1089 | one of the following types: |
| 1090 | (a) Type A.--Programs that teach personal accountability |
| 1091 | skills and behaviors that are appropriate for youth in all age |
| 1092 | groups and ability levels and that lead to work habits that help |
| 1093 | maintain employment and living standards. |
| 1094 | (b) Type B.--Programs that include Type A program content |
| 1095 | and an orientation to the broad scope of career choices, based |
| 1096 | upon personal abilities, aptitudes, and interests. Exploring and |
| 1097 | gaining knowledge of occupation options and the level of effort |
| 1098 | required to achieve them are essential prerequisites to skill |
| 1099 | training. |
| 1100 | (c) Type C.--Programs that include Type A program content |
| 1101 | and the vocational competencies or the prerequisites needed for |
| 1102 | entry into a specific occupation. |
| 1103 | (4) Vocational programming shall The plan must also |
| 1104 | address strategies to facilitate involvement of business and |
| 1105 | industry in the design, delivery, and evaluation of vocational |
| 1106 | programming in juvenile justice commitment facilities and |
| 1107 | conditional release programs, including apprenticeship and work |
| 1108 | experience programs, mentoring and job shadowing, and other |
| 1109 | strategies that lead to postrelease employment. Incentives for |
| 1110 | business involvement, such as tax breaks, bonding, and liability |
| 1111 | limits should be investigated, implemented where appropriate, or |
| 1112 | recommended to the Legislature for consideration. |
| 1113 | (5) The department of Juvenile Justice and the Department |
| 1114 | of Education shall each align its respective agency policies, |
| 1115 | practices, technical manuals, contracts, quality-assurance |
| 1116 | standards, performance-based-budgeting measures, and outcome |
| 1117 | measures with the plan in commitment facilities by July 31, |
| 1118 | 2001. Each agency shall provide a report on the implementation |
| 1119 | of this section to the Governor, the President of the Senate, |
| 1120 | and the Speaker of the House of Representatives by August 31, |
| 1121 | 2001. |
| 1122 | (6) All provider contracts executed by the department of |
| 1123 | Juvenile Justice or the school districts after January 1, 2002, |
| 1124 | must be aligned with the plan. |
| 1125 | (7) The planning and execution of quality assurance |
| 1126 | reviews conducted by the department or the Department of |
| 1127 | Education or the Department of Juvenile Justice after August 1, |
| 1128 | 2002, must be aligned with the plan. |
| 1129 | (8) Outcome measures reported by the department of |
| 1130 | Juvenile Justice and the Department of Education for youth |
| 1131 | released on or after January 1, 2002, should include outcome |
| 1132 | measures that conform to the plan. |
| 1133 | Section 18. Subsection (7) is added to section 985.644, |
| 1134 | Florida Statutes, to read: |
| 1135 | 985.644 Departmental contracting powers; personnel |
| 1136 | standards and screening.-- |
| 1137 | (7) The department shall conduct demonstration projects |
| 1138 | that emphasize the benefits of outcome-based contracting with |
| 1139 | critical interim performance standard requirements in lieu of |
| 1140 | compliance-based contracts. The department may contract for such |
| 1141 | projects based upon interim and long-term outcome performance |
| 1142 | measures. Such projects shall be completed by December 31, 2010. |
| 1143 | Section 19. Subsection (3) of section 435.04, Florida |
| 1144 | Statutes, is amended to read: |
| 1145 | 435.04 Level 2 screening standards.-- |
| 1146 | (3) The security background investigations conducted under |
| 1147 | this section for employees of the Department of Juvenile Justice |
| 1148 | must ensure that no persons subject to the provisions of this |
| 1149 | section have been found guilty of, regardless of adjudication, |
| 1150 | or entered a plea of nolo contendere or guilty to, any offense |
| 1151 | prohibited under any of the following provisions of the Florida |
| 1152 | Statutes or under any similar statute of another jurisdiction: |
| 1153 | (a) Section 784.07, relating to assault or battery of law |
| 1154 | enforcement officers, firefighters, emergency medical care |
| 1155 | providers, public transit employees or agents, or other |
| 1156 | specified officers. |
| 1157 | (b) Section 810.02, relating to burglary, if the offense |
| 1158 | is a felony. |
| 1159 | (c) Section 944.40, relating to escape. |
| 1160 |
|
| 1161 | The Department of Juvenile Justice may not remove a |
| 1162 | disqualification from employment or grant an exemption to any |
| 1163 | person who is disqualified under this section for any offense |
| 1164 | disposed of during the most recent 7-year period. However, the |
| 1165 | Department of Juvenile Justice may authorize the hiring of a |
| 1166 | person for employment in youth facilities who was formerly in a |
| 1167 | juvenile justice system program and exited it successfully if |
| 1168 | the person has not been arrested for or charged with any offense |
| 1169 | in the adult criminal justice system or, for a period of 5 years |
| 1170 | prior to hiring, had a delinquency petition filed against him or |
| 1171 | her. |
| 1172 | Section 20. Paragraph (b) of subsection (1) of section |
| 1173 | 985.644, Florida Statutes, is amended to read: |
| 1174 | 985.644 Departmental contracting powers; personnel |
| 1175 | standards and screening.-- |
| 1176 | (1) The Department of Juvenile Justice or the Department |
| 1177 | of Children and Family Services, as appropriate, may contract |
| 1178 | with the Federal Government, other state departments and |
| 1179 | agencies, county and municipal governments and agencies, public |
| 1180 | and private agencies, and private individuals and corporations |
| 1181 | in carrying out the purposes of, and the responsibilities |
| 1182 | established in, this chapter. |
| 1183 | (b) The Department of Juvenile Justice and the Department |
| 1184 | of Children and Family Services shall require employment |
| 1185 | screening pursuant to chapter 435, using the level 2 standards |
| 1186 | set forth in that chapter for personnel in programs for children |
| 1187 | or youths. The Department of Juvenile Justice may conditionally |
| 1188 | hire juvenile justice employees upon successful completion of a |
| 1189 | preliminary background screening, but prior to completion of a |
| 1190 | full background screening, on the condition that no direct |
| 1191 | contact with children occurs when the employee is located in |
| 1192 | facility housing a program for which background screening is |
| 1193 | required or on the grounds of a facility where youth are |
| 1194 | located. |
| 1195 | Section 21. Subsection (14) is added to section 985.664, |
| 1196 | Florida Statutes, to read: |
| 1197 | 985.664 Juvenile justice circuit boards and juvenile |
| 1198 | justice county councils.-- |
| 1199 | (14) Subject to specific legislative appropriation, |
| 1200 | juvenile justice circuit boards and juvenile justice county |
| 1201 | councils shall receive local discretionary grant prevention |
| 1202 | funds that they may allocate to meet the specific needs within |
| 1203 | their local communities. |
| 1204 | Section 22. Paragraph (c) of subsection (1) of section |
| 1205 | 1011.62, Florida Statutes, is amended to read: |
| 1206 | 1011.62 Funds for operation of schools.--If the annual |
| 1207 | allocation from the Florida Education Finance Program to each |
| 1208 | district for operation of schools is not determined in the |
| 1209 | annual appropriations act or the substantive bill implementing |
| 1210 | the annual appropriations act, it shall be determined as |
| 1211 | follows: |
| 1212 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 1213 | OPERATION.--The following procedure shall be followed in |
| 1214 | determining the annual allocation to each district for |
| 1215 | operation: |
| 1216 | (c) Determination of programs.--Cost factors based on |
| 1217 | desired relative cost differences between the following programs |
| 1218 | shall be established in the annual General Appropriations Act. |
| 1219 | The Commissioner of Education shall specify a matrix of services |
| 1220 | and intensity levels to be used by districts in the |
| 1221 | determination of the two weighted cost factors for exceptional |
| 1222 | students with the highest levels of need. For these students, |
| 1223 | the funding support level shall fund the exceptional students' |
| 1224 | education program, with the exception of extended school year |
| 1225 | services for students with disabilities. |
| 1226 | 1. Basic programs.-- |
| 1227 | a. Kindergarten and grades 1, 2, and 3. |
| 1228 | b. Grades 4, 5, 6, 7, and 8. |
| 1229 | c. Grades 9, 10, 11, and 12. |
| 1230 | 2. Programs for exceptional students.-- |
| 1231 | a. Support Level IV. |
| 1232 | b. Support Level V. |
| 1233 | 3. Secondary career education programs.-- |
| 1234 | 4. English for Speakers of Other Languages.-- |
| 1235 | 5. Juvenile justice education programs.-- |
| 1236 | Section 23. (1) The revision of the detention risk |
| 1237 | assessment instrument by the Department of Juvenile Justice |
| 1238 | required by s. 985.245, Florida Statutes, shall be made with the |
| 1239 | agreement of representatives appointed by the Conference of |
| 1240 | Circuit Judges of Florida, the Florida Prosecuting Attorneys |
| 1241 | Association, the Florida Public Defender Association, the |
| 1242 | Florida Sheriffs Association, and the Florida Police Chiefs |
| 1243 | Association. Each association shall appoint two individuals, one |
| 1244 | representing an urban area and one representing a rural area. |
| 1245 | The parties involved shall evaluate and revise the risk |
| 1246 | assessment instrument as is considered necessary using the |
| 1247 | method for revision as agreed by the parties. |
| 1248 | (2) The Department of Juvenile Justice, with the agreement |
| 1249 | of all the representatives listed in subsection (1), shall |
| 1250 | revise, automate, and validate the detention risk assessment |
| 1251 | instrument prior to June 1, 2010, and shall provide education |
| 1252 | and training to its staff on proper application of the revised |
| 1253 | screening instrument, population management control, and |
| 1254 | awareness of staff's authority to contact the prosecutor during |
| 1255 | the screening process to attempt to have eligible youth in |
| 1256 | secure detention released to an alternative program subsequent |
| 1257 | to the court hearing. The department may also provide such |
| 1258 | training for juvenile court judges. |
| 1259 | Section 24. (1) The Department of Juvenile Justice shall |
| 1260 | create a Disproportionate Minority Contact Task Force. The |
| 1261 | secretary of the department shall appoint the members of the |
| 1262 | task force, which shall include representation from education, |
| 1263 | law enforcement, state attorneys, public defenders, the state |
| 1264 | court system, faith communities, juvenile justice service |
| 1265 | providers, advocacy organizations, members from communities most |
| 1266 | affected, and other stakeholders. The goal of the task force |
| 1267 | shall be to reduce disproportionate minority contact, statewide, |
| 1268 | consistent with the federal Juvenile Justice and Delinquency |
| 1269 | Prevention Act of 1974, as amended. Members of the task force |
| 1270 | who are not government employees shall serve without |
| 1271 | compensation but are entitled to receive reimbursement for |
| 1272 | travel and per diem expenses as provided in s. 112.061, Florida |
| 1273 | Statutes. The task force shall: |
| 1274 | (a) Work with each local juvenile justice board and |
| 1275 | council to develop a disproportionate minority contact reduction |
| 1276 | plan for its area. |
| 1277 | (b) Develop, in conjunction with the department, |
| 1278 | requirements for every entity with which the department works, |
| 1279 | throughout its continuum of services, to implement the |
| 1280 | strategies, policies, and practices to reduce disproportionate |
| 1281 | minority contact. |
| 1282 | (c) Assist the department in developing ongoing cultural |
| 1283 | sensitivity and cultural competence training for department and |
| 1284 | provider staff to facilitate their participation in |
| 1285 | disproportionate minority contact reduction plans and |
| 1286 | strategies. |
| 1287 | (d) Assist the department in developing training and |
| 1288 | education classes to be made available to local law enforcement, |
| 1289 | school system, and court personnel and other identified local |
| 1290 | stakeholders. |
| 1291 | (e) Assist the department in developing a strategic plan |
| 1292 | to reduce disproportionate minority contact and over- |
| 1293 | representation, which shall include strategies such as |
| 1294 | restorative decisionmaking practices, to offer alternatives |
| 1295 | aimed at preventing movement of youth to the next level of |
| 1296 | intervention as the point of school disciplinary decisions, |
| 1297 | arrest, charging, disposition, and placement. |
| 1298 | (f) Assist the department and the juvenile justice boards |
| 1299 | and councils in establishing comprehensive partnerships with |
| 1300 | faith-based and community-based organizations that will be |
| 1301 | minority-led, citizen-based, nonprofit organizations designed |
| 1302 | and prepared to handle the range of responsibilities for |
| 1303 | responding to the needs of underserved youth. |
| 1304 | (g) Submit a report to the Governor, the President of the |
| 1305 | Senate, and the Speaker of the House of Representatives by July |
| 1306 | 1, 2010, summarizing its activities. The report shall also |
| 1307 | include any specific recommendations for legislative action. The |
| 1308 | task force is dissolved upon the submission of its report. |
| 1309 | (2) The Department of Juvenile Justice shall establish |
| 1310 | eight pilot project for reduction of disproportionate minority |
| 1311 | contact in eight counties for a 3-year period. In each county, |
| 1312 | the goals of the pilot projects shall be to reduce minority |
| 1313 | representation in and the overall number of youth and school- |
| 1314 | based referrals to the juvenile justice system, reduce minority |
| 1315 | representation in out-of-school suspensions and expulsions, and |
| 1316 | reduce minority representation in the number of youth held in |
| 1317 | secure detention or committed to residential detention. The |
| 1318 | department shall submit preliminary reports concerning the pilot |
| 1319 | projects to the Governor, the President of the Senate, and the |
| 1320 | Speaker of the House of Representatives by July 1, 2010, and |
| 1321 | July 1, 2011. The department shall submit a final report |
| 1322 | concerning the pilot projects by January 1, 2012. The final |
| 1323 | report must include any specific recommendations for legislative |
| 1324 | action during the 2012 Regular Session of the Legislature. The |
| 1325 | pilot projects shall terminate on June 30, 2012. |
| 1326 | Section 25. (1) The Legislature finds that Florida's |
| 1327 | communities have much to offer youth and their families that are |
| 1328 | involved in the juvenile justice system. Placement of a youth |
| 1329 | far away from his or her home community weakens community |
| 1330 | linkages that can assist the youth. Defining service areas that |
| 1331 | will facilitate services near the youth's home will promote |
| 1332 | providing the youth with the appropriate service when it is |
| 1333 | needed. The Department of Juvenile Justice's current regions are |
| 1334 | too large to achieve this goal. Other components of the juvenile |
| 1335 | justice system operate within judicial circuits. The |
| 1336 | effectiveness of using judicial circuits as service areas should |
| 1337 | be considered for this reason. |
| 1338 | (2) The Department of Juvenile Justice shall identify |
| 1339 | service areas that promote the concept of community-based |
| 1340 | programs while recognizing the unique characteristics of |
| 1341 | Florida's communities and recommend implementation to the |
| 1342 | Legislature. Adoption of the service area boundaries of the |
| 1343 | Department of Children and Family Services shall receive careful |
| 1344 | consideration. A full continuum of services that include, but |
| 1345 | are not limited to, prevention, early intervention, supervision, |
| 1346 | and support services in the family, probation, residential, and |
| 1347 | aftercare fields shall be available in each service area. The |
| 1348 | Department of Juvenile Justice shall submit a report to the |
| 1349 | Governor, the President of the Senate, and the Speaker of the |
| 1350 | House of Representatives by January 1, 2010, concerning the use |
| 1351 | of service areas as described in this section and any specific |
| 1352 | recommendations for legislative action. |
| 1353 | Section 26. The Legislature finds that services and |
| 1354 | education that a youth receives in detention while awaiting |
| 1355 | placement in a commitment program should be considered as part |
| 1356 | of completing the youth's treatment plan. Similarly, the |
| 1357 | services and education that youth receive in a competency |
| 1358 | restoration placement should be taken into consideration as part |
| 1359 | of the predisposition report at the youth's treatment plan in |
| 1360 | any subsequent disposition. Therefore, the Governor shall |
| 1361 | establish a task force to review and make recommendations to |
| 1362 | modify current statutes or practices associated with restoration |
| 1363 | of competency. The task force shall include members of the |
| 1364 | judicial branch, the Department of Juvenile Justice, the |
| 1365 | Department of Children and Family Services, and community mental |
| 1366 | health providers. Members of the task force who are not |
| 1367 | government employees shall serve without compensation but are |
| 1368 | entitled to receive reimbursement for travel and per diem |
| 1369 | expenses as provided in s. 112.061, Florida Statutes. The task |
| 1370 | force shall submit a report of its findings to the Governor, the |
| 1371 | President of the Senate, and the Speaker of the House of |
| 1372 | Representatives by January 1, 2010. The task force shall |
| 1373 | terminate upon submission of its report. |
| 1374 | Section 27. (1) The Legislature finds that the Department |
| 1375 | of Juvenile Justice must have the ability to recruit and retain |
| 1376 | a professional direct care staff and substantially reduce |
| 1377 | turnover to ensure the most appropriate supervision and |
| 1378 | rehabilitation of at-risk youth in their care. To further this |
| 1379 | goal, the Governor shall establish a task force to perform a |
| 1380 | role delineation study. The task force shall review and make |
| 1381 | recommendations concerning the following: |
| 1382 | (a) Core competencies for all state and contracted direct |
| 1383 | care staff and minimum hiring requirements. |
| 1384 | (b) Professional curriculum, continuing education |
| 1385 | requirements, and establishment of a certification program to |
| 1386 | include standards, requirements, examinations, certification, |
| 1387 | and decertification. |
| 1388 | (c) Base rates of pay for all direct care staff. |
| 1389 | (d) The possibility of granting special risk retirement |
| 1390 | benefits for care staff who work directly with youth. |
| 1391 | (2) Members of the task force who are not government |
| 1392 | employees shall serve without compensation but are entitled to |
| 1393 | receive reimbursement for travel and per diem expenses as |
| 1394 | provided in s. 112.061, Florida Statutes. The task force shall |
| 1395 | submit a report of its findings to the Governor, the President |
| 1396 | of the Senate, and the Speaker of the House of Representatives |
| 1397 | by January 1, 2010. The task force shall terminate upon |
| 1398 | submission of its report. |
| 1399 | Section 28. The Legislature finds that the Washington |
| 1400 | State Institute for Public Policy has helped develop effective |
| 1401 | strategies in that state that have produced a significant return |
| 1402 | on investment in crime reduction through diversion of funding |
| 1403 | for adult prisons to prevention programs. The Department of |
| 1404 | Corrections, the Department of Juvenile Justice, and the |
| 1405 | Department of Children and Family Services shall select and work |
| 1406 | with a university in the State University System to calculate |
| 1407 | the return on investment and cost savings of crime reduction |
| 1408 | through effective prevention and intervention programming with |
| 1409 | the goal of implementing similar cost-saving strategies and |
| 1410 | practices in this state. The university selected by the |
| 1411 | departments shall submit a report to the secretary of each of |
| 1412 | the departments, the Governor, the President of the Senate, and |
| 1413 | the Speaker of the House of Representatives by June 30, 2010, |
| 1414 | concerning the implementation of similar cost-saving strategies |
| 1415 | and practices in this state and any specific recommendations for |
| 1416 | legislative action. |
| 1417 | Section 29. This act shall take effect July 1, 2009. |