HB 1335

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 20.316,
3F.S.; requiring the Department of Juvenile Justice to
4establish the Juvenile Justice Policy Research Institute
5within the department for specified purposes; providing
6purposes of the institute; amending s. 27.51, F.S.;
7providing that public defenders are available to juveniles
8at all stages of delinquency court proceedings; amending
9s. 394.492, F.S.; providing that a child referred for a
10delinquent act when he or she was under age 11 may be
11considered at risk of emotional disturbance and therefore
12subject to referral for mental health services; amending
13ss. 984.03 and 985.03, F.S.; correcting terminology in the
14definition of "child in need of services"; amending s.
15409.9025, F.S.; providing for Medicaid eligibility for
16juveniles committed to certain residential juvenile
17programs; amending s. 943.0515, F.S.; requiring the
18Department of Law Enforcement to notify certain specified
19agencies of the criminal history records of a minor which
20are expunged; requiring the arresting agency, the county,
21and the department to send the notice of expungement to
22those entities that received the criminal history records
23information; requiring that criminal history records that
24are to be expunged be physically destroyed or obliterated
25by the criminal justice agency having physical custody of
26the records; providing an exception; amending s. 943.0585,
27F.S.; prohibiting certain criminal history records from
28being expunged; providing that other records may be
29expunged under certain circumstances; providing that
30certain information be included in the application for a
31certificate of eligibility for expunction; providing for
32county responsibilities when a county has disseminated
33criminal history record information that is the subject of
34an expungement order; prohibiting an agency, organization,
35or company to which criminal history record information
36was disseminated from releasing the expunged information
37after a specified period; amending s. 943.059, F.S.;
38prohibiting certain criminal records from being sealed;
39providing that other records may be sealed under certain
40circumstances; requiring that certain information be
41included in the application for a certificate of
42eligibility for sealing; providing for county
43responsibilities when a county has disseminated criminal
44history record information that is the subject of a
45sealing order; prohibiting an agency, organization, or
46company to which criminal history record information was
47disseminated from releasing the sealed information after a
48specified period; amending s. 943.0582, F.S.; conforming a
49cross-reference; defining the term "violent offense";
50providing for automatic expunction of the arrest record of
51a minor for a nonviolent first offense if no charges or
52petition was brought concerning the offense; providing for
53reversal of the expunction if the person is subsequently
54found to have committed a criminal offense or comparable
55ordinance violation; amending s. 985.125, F.S.; providing
56for establishment of prearrest or postarrest diversion
57programs by additional agencies; creating s. 985.165,
58F.S.; providing legislative findings; requiring state
59funding of community-based substance abuse intervention,
60evaluation, and treatment services programs in each
61judicial circuit; providing for diversion of certain
62first-time drug offenders into such programs; amending s.
63985.245, F.S.; requiring the juvenile risk assessment
64instrument to allow additional points to be assessed for a
65child charged with a felony who has a prior residential
66delinquency commitment; amending s. 985.441, F.S.;
67providing for commitment of juveniles who are pregnant or
68mothers with infant children in small family-style,
69community-based programs when appropriate; creating s.
70985.461, F.S.; requiring that all youth exiting juvenile
71justice commitment programs have made available to them
72the services of an identified community-based, interagency
73transition planning team; creating s. 985.495, F.S.;
74requiring the Department of Juvenile Justice to provide
75access to community-based, gender-specific aftercare
76services to all girls transitioning from department
77programs; requiring that the department place such girls
78under female probation or conditional release case
79managers; providing for creation of a female caseload
80supervision team in certain circumstances; amending s.
81985.622, F.S.; requiring that certain juvenile justice
82programs offer vocational training; requiring the
83Department of Juvenile Justice to work with the Agency for
84Workforce Innovation and Workforce Florida, Inc., to
85ensure that all job skills training is in areas directly
86tied to careers listed on Florida's targeted occupation
87list; deleting obsolete provisions; amending s. 985.644,
88F.S.; requiring the Department of Juvenile Justice to
89conduct demonstration projects that emphasize the benefits
90of outcome-based contracting with certain performance
91standard requirements; authorizing use of interim and
92long-term outcome performance measures; requiring projects
93to be completed by a specified date; amending s. 435.04,
94F.S.; authorizing the Department of Juvenile Justice to
95hire persons for employment in youth facilities who were
96formerly in the juvenile justice system and exited
97successfully in certain circumstances; amending s.
98985.644, F.S.; authorizing the Department of Juvenile
99Justice to conditionally hire juvenile justice employees
100upon successful completion of a preliminary background
101screening, but prior to full background screening, under
102specified conditions; amending s. 985.664, F.S.; providing
103that juvenile justice circuit boards and juvenile justice
104county councils may receive local discretionary grant
105prevention funds for specified purposes; amending s.
1061011.62, F.S., relating to allocations from the Florida
107Education Finance Program to school districts for the
108operation of schools; providing for the establishment of a
109cost factor for students in juvenile justice education
110programs; requiring the Department of Juvenile Justice, in
111conjunction with representatives of specified entities, to
112conduct a review of the detention risk assessment
113instrument; requiring the agreement of all such
114representatives for revisions to the detention risk
115assessment instrument; providing for creation of a
116Disproportionate Minority Contact Task Force; providing
117for membership, goals, and duties; requiring a report;
118providing for dissolution of the task force; providing for
119pilot projects for reduction of disproportionate minority
120contact; providing for goals of the pilot projects;
121requiring reports; providing for termination of the pilot
122projects; providing legislative findings; requiring the
123Department of Juvenile Justice to identify service areas
124that promote the concept of community-based programs;
125requiring a report; requiring the Governor to establish a
126task force to review and make recommendations to modify
127current statutes or practices associated with restoration
128of competency; providing for membership; requiring a
129report; providing for termination of the task force;
130requiring the Governor to establish a task force to
131perform a role delineation study and review and make
132recommendations concerning specified issues; requiring a
133report; providing for termination of the task force;
134requiring the Department of Corrections, the Department of
135Juvenile Justice, and the Department of Children and
136Family Services to work with a university in the State
137University System to calculate the return on investment
138and cost savings of crime reduction through effective
139prevention and intervention programming; requiring a
140report; providing an effective date.
141
142Be It Enacted by the Legislature of the State of Florida:
143
144     Section 1.  Subsection (5) is added to section 20.316,
145Florida Statutes, to read:
146     20.316  Department of Juvenile Justice.--There is created a
147Department of Juvenile Justice.
148     (5)  RESEARCH INSTITUTE.--The department shall establish
149the Juvenile Justice Policy Research Institute, which shall be
150headed by a director. The institute shall be the principal unit
151for research services within the department and shall provide
152technical assistance, best practices, and policy and research
153assistance and support to the department's policymakers.
154     Section 2.  Paragraph (c) of subsection (1) of section
15527.51, Florida Statutes, is amended to read:
156     27.51  Duties of public defender.--
157     (1)  The public defender shall represent, without
158additional compensation, any person determined to be indigent
159under s. 27.52 and:
160     (c)  Alleged to be a delinquent child at all stages of any
161delinquency court proceedings pursuant to a petition filed
162before a circuit court;
163     Section 3.  Paragraph (i) is added to subsection (4) of
164section 394.492, Florida Statutes, to read:
165     394.492  Definitions.--As used in ss. 394.490-394.497, the
166term:
167     (4)  "Child or adolescent at risk of emotional disturbance"
168means a person under 18 years of age who has an increased
169likelihood of becoming emotionally disturbed because of risk
170factors that include, but are not limited to:
171     (i)  Having been under 11 years of age at the time of
172referral for a delinquent act.
173     Section 4.  Subsection (9) of section 984.03, Florida
174Statutes, 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
177there is no pending investigation into an allegation or
178suspicion of abuse, neglect, or abandonment; no pending petition
179referral alleging the child is delinquent; or no current
180supervision by the Department of Juvenile Justice or the
181Department of Children and Family Services for an adjudication
182of dependency or delinquency. The child must also, pursuant to
183this chapter, be found by the court:
184     (a)  To have persistently run away from the child's parents
185or legal custodians despite reasonable efforts of the child, the
186parents or legal custodians, and appropriate agencies to remedy
187the conditions contributing to the behavior. Reasonable efforts
188shall include voluntary participation by the child's parents or
189legal custodians and the child in family mediation, services,
190and treatment offered by the Department of Juvenile Justice or
191the Department of Children and Family Services;
192     (b)  To be habitually truant from school, while subject to
193compulsory school attendance, despite reasonable efforts to
194remedy the situation pursuant to ss. 1003.26 and 1003.27 and
195through voluntary participation by the child's parents or legal
196custodians and by the child in family mediation, services, and
197treatment offered by the Department of Juvenile Justice or the
198Department of Children and Family Services; or
199     (c)  To have persistently disobeyed the reasonable and
200lawful demands of the child's parents or legal custodians, and
201to be beyond their control despite efforts by the child's
202parents or legal custodians and appropriate agencies to remedy
203the conditions contributing to the behavior. Reasonable efforts
204may include such things as good faith participation in family or
205individual counseling.
206     Section 5.  Subsection (7) of section 985.03, Florida
207Statutes, 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
210there is no pending investigation into an allegation or
211suspicion of abuse, neglect, or abandonment; no pending petition
212referral alleging the child is delinquent; or no current
213supervision by the department or the Department of Children and
214Family Services for an adjudication of dependency or
215delinquency. The child must also, under this chapter, be found
216by the court:
217     (a)  To have persistently run away from the child's parents
218or legal custodians despite reasonable efforts of the child, the
219parents or legal custodians, and appropriate agencies to remedy
220the conditions contributing to the behavior. Reasonable efforts
221shall include voluntary participation by the child's parents or
222legal custodians and the child in family mediation, services,
223and treatment offered by the department or the Department of
224Children and Family Services;
225     (b)  To be habitually truant from school, while subject to
226compulsory school attendance, despite reasonable efforts to
227remedy the situation under ss. 1003.26 and 1003.27 and through
228voluntary participation by the child's parents or legal
229custodians and by the child in family mediation, services, and
230treatment offered by the Department of Juvenile Justice or the
231Department of Children and Family Services; or
232     (c)  To have persistently disobeyed the reasonable and
233lawful demands of the child's parents or legal custodians, and
234to be beyond their control despite efforts by the child's
235parents or legal custodians and appropriate agencies to remedy
236the conditions contributing to the behavior. Reasonable efforts
237may include such things as good faith participation in family or
238individual counseling.
239     Section 6.  Section 409.9025, Florida Statutes, is amended
240to read:
241     409.9025  Eligibility while an inmate or in certain
242juvenile programs.--
243     (1)  Notwithstanding any other provision of law other than
244s. 409.9021, in the event that a person who is an inmate in the
245state's correctional system as defined in s. 944.02, in a county
246detention facility as defined in s. 951.23, or in a municipal
247detention facility as defined in s. 951.23 or committed to a
248high-risk residential or maximum-risk residential juvenile
249program as defined in s. 985.03(44) was in receipt of medical
250assistance under this chapter immediately prior to being
251admitted as an inmate or committed, such person shall remain
252eligible for medical assistance while an inmate or while
253committed, except that no medical assistance shall be furnished
254under this chapter for any care, services, or supplies provided
255during such time as the person is an inmate or is committed;
256however, nothing in this section shall be deemed as preventing
257the provision of medical assistance for inpatient hospital
258services furnished to such person an inmate at a hospital
259outside of the premises of the place of incarceration or
260commitment inmate's facility to the extent that federal
261financial participation is available for the costs of such
262services.
263     (2)  Upon release from incarceration or commitment, such
264person shall continue to be eligible for receipt of medical
265assistance furnished under this chapter until such time as the
266person is otherwise determined to no longer be eligible for such
267assistance.
268     (3)  To the extent permitted by federal law, the time
269during which such person is an inmate or was committed to a
270juvenile program described in subsection (1) shall not be
271included in any calculation of when the person must recertify
272his or her eligibility for medical assistance in accordance with
273this chapter.
274     Section 7.  Present subsection (3) of section 943.0515,
275Florida Statutes, is redesignated as subsection (5), and new
276subsections (3) and (4) are added to that section, to read:
277     943.0515  Retention of criminal history records of
278minors.--
279     (3)  The department shall notify the appropriate clerk of
280the court, the state attorney or statewide prosecutor, the
281county, and the arresting agency of any criminal history record
282that is expunged under this section. The arresting agency shall
283send the department's notification to any other agency to which
284the arresting agency disseminated the criminal history record
285information and to which the order pertains. The county shall
286send the department's notification to any agency, organization,
287or company to which the county disseminated the criminal history
288information and to which the order pertains. The department
289shall send the notification of expungement to the Federal Bureau
290of Investigation. The clerk of the court shall certify a copy of
291the department's notification to any other agency that has
292received the criminal history record, as reflected in the
293records of the court.
294     (4)  Any criminal history record that is expunged by the
295department under this section must be physically destroyed or
296obliterated by any criminal justice agency that has custody of
297the record, except that a criminal history record in the custody
298of the department must be retained in all cases.
299     Section 8.  Section 943.0585, Florida Statutes, is amended
300to read:
301     943.0585  Court-ordered expunction of criminal history
302records.--The courts of this state have jurisdiction over their
303own procedures, including the maintenance, expunction, and
304correction of judicial records containing criminal history
305information to the extent such procedures are not inconsistent
306with the conditions, responsibilities, and duties established by
307this section. Any court of competent jurisdiction may order a
308criminal justice agency to expunge the criminal history record
309of a minor or an adult who complies with the requirements of
310this section. The court shall not order a criminal justice
311agency to expunge a criminal history record until the person
312seeking to expunge a criminal history record has applied for and
313received a certificate of eligibility for expunction pursuant to
314subsection (3)(2).
315     (1)  PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.--A
316criminal history record that relates to a violation of s.
317393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
318800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
319839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
320916.1075, a violation enumerated in s. 907.041, or any violation
321specified as a predicate offense for registration as a sexual
322predator pursuant to s. 775.21, without regard to whether that
323offense alone is sufficient to require such registration, or for
324registration as a sexual offender pursuant to s. 943.0435, may
325not be expunged, without regard to whether adjudication was
326withheld, if the defendant was found guilty of or pled guilty or
327nolo contendere to the offense, or if the defendant, as a minor,
328was found to have committed, or pled guilty or nolo contendere
329to committing, the offense as a delinquent act even if the
330adjudication was withheld. The prohibition applies only to cases
331in which the defendant, including a minor, was found guilty of
332or pled guilty or nolo contendere to the offense. In all other
333instances involving the enumerated offenses in this subsection,
334the record may be expunged if an indictment, information, or
335other charging document was not filed or issued in the case or,
336if filed or issued in the case, was dismissed or nolle prosequi
337by the state attorney or statewide prosecutor or was dismissed
338by a court of competent jurisdiction, or the person was found
339not guilty or acquitted by a judge or jury. The court may only
340order expunction of a criminal history record pertaining to one
341arrest or one incident of alleged criminal activity, except as
342provided in this section. The court may, at its sole discretion,
343order the expunction of a criminal history record pertaining to
344more than one arrest if the additional arrests directly relate
345to the original arrest. If the court intends to order the
346expunction of records pertaining to such additional arrests,
347such intent must be specified in the order. A criminal justice
348agency may not expunge any record pertaining to such additional
349arrests if the order to expunge does not articulate the
350intention of the court to expunge a record pertaining to more
351than one arrest. This section does not prevent the court from
352ordering the expunction of only a portion of a criminal history
353record pertaining to one arrest or one incident of alleged
354criminal activity. Notwithstanding any law to the contrary, a
355criminal justice agency may comply with laws, court orders, and
356official requests of other jurisdictions relating to expunction,
357correction, or confidential handling of criminal history records
358or information derived therefrom. This section does not confer
359any right to the expunction of any criminal history record, and
360any request for expunction of a criminal history record may be
361denied at the sole discretion of the court.
362     (2)(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY
363RECORD.--Each petition to a court to expunge a criminal history
364record is complete only when accompanied by:
365     (a)  A valid certificate of eligibility for expunction
366issued by the department pursuant to subsection (3)(2).
367     (b)  The petitioner's sworn statement attesting that the
368petitioner:
369     1.  Has never, prior to the date on which the petition is
370filed, been adjudicated guilty of a criminal offense or
371comparable ordinance violation, or been adjudicated delinquent
372for committing any felony or a misdemeanor specified in s.
373943.051(3)(b).
374     2.  Has not been adjudicated guilty of, or adjudicated
375delinquent for committing, any of the acts stemming from the
376arrest or alleged criminal activity to which the petition
377pertains.
378     3.  Except as otherwise provided in this section, has never
379secured a prior sealing or expunction of a criminal history
380record under this section, former s. 893.14, former s. 901.33,
381or former s. 943.058, or from any jurisdiction outside the
382state, unless expunction is sought of a criminal history record
383previously sealed for 10 years pursuant to paragraph (3)(2)(h)
384and the record is otherwise eligible for expunction.
385     4.  Is eligible for such an expunction to the best of his
386or her knowledge or belief and does not have any other petition
387to expunge or any petition to seal pending before any court.
388
389Any person who knowingly provides false information on such
390sworn statement to the court commits a felony of the third
391degree, punishable as provided in s. 775.082, s. 775.083, or s.
392775.084.
393     (3)(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Before
394Prior to petitioning the court to expunge a criminal history
395record, a person seeking to expunge a criminal history record
396shall apply to the department for a certificate of eligibility
397for expunction. The department shall, by rule adopted pursuant
398to chapter 120, establish procedures pertaining to the
399application for and issuance of certificates of eligibility for
400expunction. A certificate of eligibility for expunction is valid
401for 12 months after the date stamped on the certificate when
402issued by the department. After that time, the petitioner must
403reapply to the department for a new certificate of eligibility.
404Eligibility for a renewed certification of eligibility must be
405based on the status of the applicant and the law in effect at
406the time of the renewal application. The department shall issue
407a certificate of eligibility for expunction to a person who is
408the subject of a criminal history record if that person:
409     (a)  Has obtained, and submitted to the department, a
410written, certified statement from the appropriate state attorney
411or statewide prosecutor which indicates:
412     1.  That an indictment, information, or other charging
413document was not filed or issued in the case.
414     2.  That an indictment, information, or other charging
415document, if filed or issued in the case, was dismissed or nolle
416prosequi by the state attorney or statewide prosecutor, or was
417dismissed by a court of competent jurisdiction, or that the
418person was found not guilty or acquitted by a judge or jury and
419that none of the charges related to the arrest or alleged
420criminal activity to which the petition to expunge pertains
421resulted in a trial, without regard to whether the outcome of
422the trial was other than an adjudication of guilt.
423     3.  That the criminal history record does not relate to a
424violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
425s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
426827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
427893.135, s. 916.1075, a violation enumerated in s. 907.041, or
428any violation specified as a predicate offense for registration
429as a sexual predator pursuant to s. 775.21, without regard to
430whether that offense alone is sufficient to require such
431registration, or for registration as a sexual offender pursuant
432to s. 943.0435, where the defendant was found guilty of, or pled
433guilty or nolo contendere to any such offense, or that the
434defendant, as a minor, was found to have committed, or pled
435guilty or nolo contendere to committing, such an offense as a
436delinquent act, without regard to whether adjudication was
437withheld.
438     (b)  Remits a $75 processing fee to the department for
439placement in the Department of Law Enforcement Operating Trust
440Fund, unless such fee is waived by the executive director.
441     (c)  Has submitted to the department a certified copy of
442the disposition of the charge to which the petition to expunge
443pertains.
444     (d)  Has never, prior to the date on which the application
445for a certificate of eligibility is filed, been adjudicated
446guilty of a criminal offense or comparable ordinance violation,
447or been adjudicated delinquent for committing any felony or a
448misdemeanor specified in s. 943.051(3)(b).
449     (e)  Has not been adjudicated guilty of, or adjudicated
450delinquent for committing, any of the acts stemming from the
451arrest or alleged criminal activity to which the petition to
452expunge pertains.
453     (f)  Has never secured a prior sealing or expunction of a
454criminal history record under this section, former s. 893.14,
455former s. 901.33, or former s. 943.058 involving an offense for
456which the defendant had been found guilty or pled guilty or nolo
457contendere, unless expunction is sought of a criminal history
458record previously sealed for 10 years pursuant to paragraph (h)
459and the record is otherwise eligible for expunction.
460     (g)  Is no longer under court supervision applicable to the
461disposition of the arrest or alleged criminal activity to which
462the petition to expunge pertains.
463     (h)  Has previously obtained a court order sealing the
464record under this section, former s. 893.14, former s. 901.33,
465or former s. 943.058 for a minimum of 10 years because
466adjudication was withheld or because all charges related to the
467arrest or alleged criminal activity to which the petition to
468expunge pertains were not dismissed prior to trial, without
469regard to whether the outcome of the trial was other than an
470adjudication of guilt. The requirement for the record to have
471previously been sealed for a minimum of 10 years does not apply
472when a plea was not entered or all charges related to the arrest
473or alleged criminal activity to which the petition to expunge
474pertains 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
477the completed petition to expunge shall be served upon the
478appropriate state attorney or the statewide prosecutor and upon
479the arresting agency; however, it is not necessary to make any
480agency other than the state a party. The appropriate state
481attorney or the statewide prosecutor and the arresting agency
482may respond to the court regarding the completed petition to
483expunge.
484     (b)  If relief is granted by the court, the clerk of the
485court shall certify copies of the order to the appropriate state
486attorney or the statewide prosecutor, the county, and the
487arresting agency. The arresting agency is responsible for
488forwarding the order to any other agency to which the arresting
489agency disseminated the criminal history record information to
490which the order pertains. The county is responsible for
491forwarding the order to any agency, organization, or company to
492which the county disseminated the criminal history record
493information to which the order pertains. The department shall
494forward the order to expunge to the Federal Bureau of
495Investigation. The clerk of the court shall certify a copy of
496the order to any other agency which the records of the court
497reflect has received the criminal history record from the court.
498     (c)  For an order to expunge entered by a court prior to
499July 1, 1992, the department shall notify the appropriate state
500attorney or statewide prosecutor of an order to expunge which is
501contrary to law because the person who is the subject of the
502record has previously been convicted of a crime or comparable
503ordinance violation or has had a prior criminal history record
504sealed or expunged. Upon receipt of such notice, the appropriate
505state attorney or statewide prosecutor shall take action, within
50660 days, to correct the record and petition the court to void
507the order to expunge. The department shall seal the record until
508such time as the order is voided by the court.
509     (d)  On or after July 1, 1992, the department or any other
510criminal justice agency is not required to act on an order to
511expunge entered by a court when such order does not comply with
512the requirements of this section. Upon receipt of such an order,
513the department must notify the issuing court, the appropriate
514state attorney or statewide prosecutor, the petitioner or the
515petitioner's attorney, and the arresting agency of the reason
516for noncompliance. The appropriate state attorney or statewide
517prosecutor shall take action within 60 days to correct the
518record and petition the court to void the order. No cause of
519action, including contempt of court, shall arise against any
520criminal justice agency for failure to comply with an order to
521expunge when the petitioner for such order failed to obtain the
522certificate of eligibility as required by this section or such
523order does not otherwise comply with the requirements of this
524section.
525     (5)(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
526criminal history record of a minor or an adult which is ordered
527expunged by a court of competent jurisdiction pursuant to this
528section must be physically destroyed or obliterated by any
529criminal justice agency having custody of such record; except
530that any criminal history record in the custody of the
531department must be retained in all cases. A criminal history
532record ordered expunged that is retained by the department is
533confidential and exempt from the provisions of s. 119.07(1) and
534s. 24(a), Art. I of the State Constitution and not available to
535any person or entity except upon order of a court of competent
536jurisdiction. A criminal justice agency may retain a notation
537indicating compliance with an order to expunge.
538     (a)  The person who is the subject of a criminal history
539record that is expunged under this section or under other
540provisions of law, including former s. 893.14, former s. 901.33,
541and former s. 943.058, may lawfully deny or fail to acknowledge
542the arrests covered by the expunged record, except when the
543subject of the record:
544     1.  Is a candidate for employment with a criminal justice
545agency;
546     2.  Is a defendant in a criminal prosecution;
547     3.  Concurrently or subsequently petitions for relief under
548this 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
551with the Department of Children and Family Services, the Agency
552for Health Care Administration, the Agency for Persons with
553Disabilities, or the Department of Juvenile Justice or to be
554employed or used by such contractor or licensee in a sensitive
555position having direct contact with children, the
556developmentally disabled, the aged, or the elderly as provided
557in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
558402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
559chapter 916, s. 985.644, chapter 400, or chapter 429;
560     6.  Is seeking to be employed or licensed by the Department
561of Education, any district school board, any university
562laboratory school, any charter school, any private or parochial
563school, or any local governmental entity that licenses child
564care facilities; or
565     7.  Is seeking authorization from a Florida seaport
566identified in s. 311.09 for employment within or access to one
567or more of such seaports pursuant to s. 311.12 or s. 311.125.
568     (b)  Subject to the exceptions in paragraph (a), a person
569who has been granted an expunction under this section, former s.
570893.14, former s. 901.33, or former s. 943.058 may not be held
571under any provision of law of this state to commit perjury or to
572be otherwise liable for giving a false statement by reason of
573such person's failure to recite or acknowledge an expunged
574criminal history record.
575     (c)  Information relating to the existence of an expunged
576criminal history record which is provided in accordance with
577paragraph (a) is confidential and exempt from the provisions of
578s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
579except that the department shall disclose the existence of a
580criminal history record ordered expunged to the entities set
581forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
582respective licensing, access authorization, and employment
583purposes, and to criminal justice agencies for their respective
584criminal justice purposes. It is unlawful for any employee of an
585entity set forth in subparagraph (a)1., subparagraph (a)4.,
586subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
587disclose information relating to the existence of an expunged
588criminal history record of a person seeking employment, access
589authorization, or licensure with such entity or contractor,
590except to the person to whom the criminal history record relates
591or to persons having direct responsibility for employment,
592access authorization, or licensure decisions. Any person who
593violates this paragraph commits a misdemeanor of the first
594degree, punishable as provided in s. 775.082 or s. 775.083.
595     (d)  An agency, organization, or company to which the
596county, department, or arresting agency disseminated the
597criminal history record information and which has received the
598order expunging the record may not release the expunged
599information to the public after 30 days following the date that
600it receives the court order expunging the record.
601     (6)(5)  STATUTORY REFERENCES.--Any reference to any other
602chapter, section, or subdivision of the Florida Statutes in this
603section constitutes a general reference under the doctrine of
604incorporation by reference.
605     Section 9.  Section 943.059, Florida Statutes, is amended
606to read:
607     943.059  Court-ordered sealing of criminal history
608records.--The courts of this state shall continue to have
609jurisdiction over their own procedures, including the
610maintenance, sealing, and correction of judicial records
611containing criminal history information to the extent such
612procedures are not inconsistent with the conditions,
613responsibilities, and duties established by this section. Any
614court of competent jurisdiction may order a criminal justice
615agency to seal the criminal history record of a minor or an
616adult who complies with the requirements of this section. The
617court shall not order a criminal justice agency to seal a
618criminal history record until the person seeking to seal a
619criminal history record has applied for and received a
620certificate of eligibility for sealing pursuant to subsection
621(3)(2).
622     (1)  PROHIBITION AGAINST SEALING CERTAIN RECORDS.--A
623criminal history record that relates to a violation of s.
624393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
625800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
626839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
627916.1075, a violation enumerated in s. 907.041, or any violation
628specified as a predicate offense for registration as a sexual
629predator pursuant to s. 775.21, without regard to whether that
630offense alone is sufficient to require such registration, or for
631registration as a sexual offender pursuant to s. 943.0435, may
632not be sealed, without regard to whether adjudication was
633withheld, if the defendant was found guilty of or pled guilty or
634nolo contendere to the offense, or if the defendant, as a minor,
635was found to have committed or pled guilty or nolo contendere to
636committing the offense as a delinquent act even if the
637adjudication was withheld. The prohibition applies only to cases
638in which the defendant, including a minor, was found guilty of
639or pled guilty or nolo contendere to the offense. In all other
640instances involving the enumerated offenses in this subsection,
641the record may be sealed if an indictment, information, or other
642charging document was not filed or issued in the case or, if
643filed or issued in the case, was dismissed or nolle prosequi by
644the state attorney or statewide prosecutor or was dismissed by a
645court of competent jurisdiction, or the person was found not
646guilty or acquitted by a judge or jury. The court may only order
647sealing of a criminal history record pertaining to one arrest or
648one incident of alleged criminal activity, except as provided in
649this section. The court may, at its sole discretion, order the
650sealing of a criminal history record pertaining to more than one
651arrest if the additional arrests directly relate to the original
652arrest. If the court intends to order the sealing of records
653pertaining to such additional arrests, such intent must be
654specified in the order. A criminal justice agency may not seal
655any record pertaining to such additional arrests if the order to
656seal does not articulate the intention of the court to seal
657records pertaining to more than one arrest. This section does
658not prevent the court from ordering the sealing of only a
659portion of a criminal history record pertaining to one arrest or
660one incident of alleged criminal activity. Notwithstanding any
661law to the contrary, a criminal justice agency may comply with
662laws, court orders, and official requests of other jurisdictions
663relating to sealing, correction, or confidential handling of
664criminal history records or information derived therefrom. This
665section does not confer any right to the sealing of any criminal
666history record, and any request for sealing a criminal history
667record may be denied at the sole discretion of the court.
668     (2)(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
669petition to a court to seal a criminal history record is
670complete only when accompanied by:
671     (a)  A valid certificate of eligibility for sealing issued
672by the department pursuant to subsection (3)(2).
673     (b)  The petitioner's sworn statement attesting that the
674petitioner:
675     1.  Has never, prior to the date on which the petition is
676filed, been adjudicated guilty of a criminal offense or
677comparable ordinance violation, or been adjudicated delinquent
678for committing any felony or a misdemeanor specified in s.
679943.051(3)(b).
680     2.  Has not been adjudicated guilty of or adjudicated
681delinquent for committing any of the acts stemming from the
682arrest or alleged criminal activity to which the petition to
683seal pertains.
684     3.  Except as otherwise provided in this section, has never
685secured a prior sealing or expunction of a criminal history
686record under this section, former s. 893.14, former s. 901.33,
687former s. 943.058, or from any jurisdiction outside the state.
688     4.  Is eligible for such a sealing to the best of his or
689her knowledge or belief and does not have any other petition to
690seal or any petition to expunge pending before any court.
691
692Any person who knowingly provides false information on such
693sworn statement to the court commits a felony of the third
694degree, punishable as provided in s. 775.082, s. 775.083, or s.
695775.084.
696     (3)(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
697petitioning the court to seal a criminal history record, a
698person seeking to seal a criminal history record shall apply to
699the department for a certificate of eligibility for sealing. The
700department shall, by rule adopted pursuant to chapter 120,
701establish procedures pertaining to the application for and
702issuance of certificates of eligibility for sealing. A
703certificate of eligibility for sealing is valid for 12 months
704after the date stamped on the certificate when issued by the
705department. After that time, the petitioner must reapply to the
706department for a new certificate of eligibility. Eligibility for
707a renewed certification of eligibility must be based on the
708status of the applicant and the law in effect at the time of the
709renewal application. The department shall issue a certificate of
710eligibility for sealing to a person who is the subject of a
711criminal history record provided that such person:
712     (a)  Has submitted to the department a certified copy of
713the disposition of the charge to which the petition to seal
714pertains.
715     (b)  Remits a $75 processing fee to the department for
716placement in the Department of Law Enforcement Operating Trust
717Fund, unless such fee is waived by the executive director.
718     (c)  Has never, prior to the date on which the application
719for a certificate of eligibility is filed, been adjudicated
720guilty of a criminal offense or comparable ordinance violation,
721or been adjudicated delinquent for committing any felony or a
722misdemeanor specified in s. 943.051(3)(b).
723     (d)  Has not been adjudicated guilty of or adjudicated
724delinquent for committing any of the acts stemming from the
725arrest or alleged criminal activity to which the petition to
726seal pertains.
727     (e)  Has never secured a prior sealing or expunction of a
728criminal history record under this section, former s. 893.14,
729former s. 901.33, or former s. 943.058 involving an offense for
730which the defendant had been found guilty or pled guilty or nolo
731contendere.
732     (f)  Is no longer under court supervision applicable to the
733disposition of the arrest or alleged criminal activity to which
734the 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
737the completed petition to seal shall be served upon the
738appropriate state attorney or the statewide prosecutor and upon
739the arresting agency; however, it is not necessary to make any
740agency other than the state a party. The appropriate state
741attorney or the statewide prosecutor and the arresting agency
742may respond to the court regarding the completed petition to
743seal.
744     (b)  If relief is granted by the court, the clerk of the
745court shall certify copies of the order to the appropriate state
746attorney or the statewide prosecutor, the county, and to the
747arresting agency. The arresting agency is responsible for
748forwarding the order to any other agency to which the arresting
749agency disseminated the criminal history record information to
750which the order pertains. The county is responsible for
751forwarding the order to any agency, organization, or company to
752which the county disseminated the criminal history record
753information to which the order pertains. The department shall
754forward the order to seal to the Federal Bureau of
755Investigation. The clerk of the court shall certify a copy of
756the order to any other agency which the records of the court
757reflect has received the criminal history record from the court.
758     (c)  For an order to seal entered by a court prior to July
7591, 1992, the department shall notify the appropriate state
760attorney or statewide prosecutor of any order to seal which is
761contrary to law because the person who is the subject of the
762record has previously been convicted of a crime or comparable
763ordinance violation or has had a prior criminal history record
764sealed or expunged. Upon receipt of such notice, the appropriate
765state attorney or statewide prosecutor shall take action, within
76660 days, to correct the record and petition the court to void
767the order to seal. The department shall seal the record until
768such time as the order is voided by the court.
769     (d)  On or after July 1, 1992, the department or any other
770criminal justice agency is not required to act on an order to
771seal entered by a court when such order does not comply with the
772requirements of this section. Upon receipt of such an order, the
773department must notify the issuing court, the appropriate state
774attorney or statewide prosecutor, the petitioner or the
775petitioner's attorney, and the arresting agency of the reason
776for noncompliance. The appropriate state attorney or statewide
777prosecutor shall take action within 60 days to correct the
778record and petition the court to void the order. No cause of
779action, including contempt of court, shall arise against any
780criminal justice agency for failure to comply with an order to
781seal when the petitioner for such order failed to obtain the
782certificate of eligibility as required by this section or when
783such order does not comply with the requirements of this
784section.
785     (e)  An order sealing a criminal history record pursuant to
786this section does not require that such record be surrendered to
787the court, and such record shall continue to be maintained by
788the department and other criminal justice agencies.
789     (f)  An agency, organization, or company to which the
790county, department, or arresting agency disseminated the
791criminal history record information and which has received the
792order sealing the record may not release the sealed information
793to the public after 30 days following the date that it receives
794the court order sealing the record.
795     (5)(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
796criminal history record of a minor or an adult which is ordered
797sealed by a court of competent jurisdiction pursuant to this
798section is confidential and exempt from the provisions of s.
799119.07(1) and s. 24(a), Art. I of the State Constitution and is
800available only to the person who is the subject of the record,
801to the subject's attorney, to criminal justice agencies for
802their respective criminal justice purposes, which include
803conducting a criminal history background check for approval of
804firearms purchases or transfers as authorized by state or
805federal law, to judges in the state courts system for the
806purpose of assisting them in their case-related decisionmaking
807responsibilities, as set forth in s. 943.053(5), or to those
808entities set forth in subparagraphs (a)1., 4., 5., 6., and 8.
809for their respective licensing, access authorization, and
810employment purposes.
811     (a)  The subject of a criminal history record sealed under
812this section or under other provisions of law, including former
813s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
814deny or fail to acknowledge the arrests covered by the sealed
815record, except when the subject of the record:
816     1.  Is a candidate for employment with a criminal justice
817agency;
818     2.  Is a defendant in a criminal prosecution;
819     3.  Concurrently or subsequently petitions for relief under
820this 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
823with the Department of Children and Family Services, the Agency
824for Health Care Administration, the Agency for Persons with
825Disabilities, or the Department of Juvenile Justice or to be
826employed or used by such contractor or licensee in a sensitive
827position having direct contact with children, the
828developmentally disabled, the aged, or the elderly as provided
829in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
830402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
831415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
832     6.  Is seeking to be employed or licensed by the Department
833of Education, any district school board, any university
834laboratory school, any charter school, any private or parochial
835school, or any local governmental entity that licenses child
836care facilities;
837     7.  Is attempting to purchase a firearm from a licensed
838importer, licensed manufacturer, or licensed dealer and is
839subject to a criminal history background check under state or
840federal law; or
841     8.  Is seeking authorization from a Florida seaport
842identified in s. 311.09 for employment within or access to one
843or more of such seaports pursuant to s. 311.12 or s. 311.125.
844     (b)  Subject to the exceptions in paragraph (a), a person
845who has been granted a sealing under this section, former s.
846893.14, former s. 901.33, or former s. 943.058 may not be held
847under any provision of law of this state to commit perjury or to
848be otherwise liable for giving a false statement by reason of
849such person's failure to recite or acknowledge a sealed criminal
850history record.
851     (c)  Information relating to the existence of a sealed
852criminal record provided in accordance with the provisions of
853paragraph (a) is confidential and exempt from the provisions of
854s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
855except that the department shall disclose the sealed criminal
856history record to the entities set forth in subparagraphs (a)1.,
8574., 5., 6., and 8. for their respective licensing, access
858authorization, and employment purposes. It is unlawful for any
859employee of an entity set forth in subparagraph (a)1.,
860subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
861subparagraph (a)8. to disclose information relating to the
862existence of a sealed criminal history record of a person
863seeking employment, access authorization, or licensure with such
864entity or contractor, except to the person to whom the criminal
865history record relates or to persons having direct
866responsibility for employment, access authorization, or
867licensure decisions. Any person who violates the provisions of
868this paragraph commits a misdemeanor of the first degree,
869punishable as provided in s. 775.082 or s. 775.083.
870     (6)(5)  STATUTORY REFERENCES.--Any reference to any other
871chapter, section, or subdivision of the Florida Statutes in this
872section constitutes a general reference under the doctrine of
873incorporation by reference.
874     Section 10.  Section 943.0582, Florida Statutes, is amended
875to read:
876     943.0582  Prearrest, postarrest, or teen court diversion
877program expunction; nonviolent first-offense expunction.--
878     (1)  Notwithstanding any law dealing generally with the
879preservation and destruction of public records, the department
880may provide, by rule adopted pursuant to chapter 120, for the
881expunction of any nonjudicial record of the arrest of a minor
882who has successfully completed a prearrest or postarrest
883diversion program for minors as authorized by s. 985.125 or as
884provided in subsection (4).
885     (2)(a)  As used in this section, the term:
886     (a)  "Expunction" has the same meaning ascribed in and
887effect as s. 943.0585, except that:
888     1.  The provisions of s. 943.0585(5)(a) 943.0585(4)(a) do
889not apply, except that the criminal history record of a person
890whose record is expunged pursuant to this section shall be made
891available only to criminal justice agencies for the purpose of
892determining eligibility for prearrest, postarrest, or teen court
893diversion programs; when the record is sought as part of a
894criminal investigation; or when the subject of the record is a
895candidate for employment with a criminal justice agency. For all
896other purposes, a person whose record is expunged under this
897section may lawfully deny or fail to acknowledge the arrest and
898the charge covered by the expunged record.
899     2.  Records maintained by local criminal justice agencies
900in the county in which the arrest occurred that are eligible for
901expunction pursuant to this section shall be sealed as the term
902is used in s. 943.059.
903     (b)  As used in this section, the term "Nonviolent
904misdemeanor" includes simple assault or battery when prearrest
905or postarrest diversion expunction is approved in writing by the
906state attorney for the county in which the arrest occurred.
907     (c)  "Violent offense" means any offense for which one or
908more elements of the offense is a violent act or a threat of
909violence. Such offenses include, but are not limited to, any
910offense listed in s. 775.084(1)(b)1.
911     (3)(a)  The department shall expunge the nonjudicial arrest
912record of a minor who has successfully completed a prearrest or
913postarrest diversion program if that minor:
914     1.(a)  Submits an application for prearrest or postarrest
915diversion expunction, on a form prescribed by the department,
916signed by the minor's parent or legal guardian, or by the minor
917if he or she has reached the age of majority at the time of
918applying.
919     2.(b)  Submits the application for prearrest or postarrest
920diversion expunction no later than 6 months after completion of
921the diversion program.
922     3.(c)  Submits to the department, with the application, an
923official written statement from the state attorney for the
924county in which the arrest occurred certifying that he or she
925has successfully completed that county's prearrest or postarrest
926diversion program and that participation in the program is
927strictly limited to minors arrested for a nonviolent misdemeanor
928who have not otherwise been charged with or found to have
929committed any criminal offense or comparable ordinance
930violation.
931     4.(d)  Participated in a prearrest or postarrest diversion
932program that expressly authorizes or permits such expunction to
933occur.
934     5.(e)  Participated in a prearrest or postarrest diversion
935program based on an arrest for a nonviolent misdemeanor that
936would not qualify as an act of domestic violence as that term is
937defined in s. 741.28.
938     6.(f)  Has never, prior to filing the application for
939expunction, been charged with or been found to have committed
940any criminal offense or comparable ordinance violation.
941     (b)(4)  The department is authorized to charge a $75
942processing fee for each request received for prearrest or
943postarrest diversion program expunction, for placement in the
944Department of Law Enforcement Operating Trust Fund, unless such
945fee is waived by the executive director.
946     (4)  The department shall automatically expunge the
947nonjudicial first-time arrest record of a minor if the minor was
948not found to have committed a violent offense and no charges or
949petition was brought concerning the offense. The expunction
950granted by this subsection shall terminate automatically if a
951person whose record is expunged under this subsection is
952subsequently found to have committed any criminal offense or
953comparable ordinance violation. Upon such an automatic
954termination of expunction, the record shall be treated for all
955purposes as if the expunction granted by this subsection had
956never occurred.
957     (5)  This section operates retroactively to permit the
958expunction of any nonjudicial record of the arrest of a minor
959who has successfully completed a prearrest or postarrest
960diversion program on or after July 1, 2000; however, in the case
961of a minor whose completion of the program occurred before the
962effective date of this section, the application for prearrest or
963postarrest diversion expunction must be submitted within 6
964months after the effective date of this section.
965     (5)(6)  Expunction or sealing granted under this section
966does not prevent the minor who receives such relief from
967petitioning for the expunction or sealing of a later criminal
968history record as provided for in ss. 943.0585 and 943.059, if
969the minor is otherwise eligible under those sections.
970     Section 11.  Subsection (1) of section 985.125, Florida
971Statutes, is amended to read:
972     985.125  Prearrest or postarrest diversion programs.--
973     (1)  A Law enforcement agencies, agency or school districts
974district, or other qualified agencies, in cooperation with the
975state attorney, are encouraged to may establish a prearrest or
976postarrest diversion programs program.
977     Section 12.  Section 985.165, Florida Statutes, is created
978to read:
979     985.165  Diversion of first-time drug possession
980offenders.--
981     (1)  The Legislature finds that drug involvement,
982especially among young adolescents, is best addressed through
983informal settings. Placing young, minor offenders in detention
984is more costly and does not provide the most appropriate
985mechanism for treatment. Diversion of a youth whose first
986referral is for drug possession into substance abuse services
987programs should result in fewer youth placed on probation or in
988other formal dispositions and more appropriate and effective
989handling of youth arrested on drug charges. Diversion of such
990youth should also prevent young offenders from exposure to more
991serious offenders.
992     (2)  The state shall fund community-based substance abuse
993intervention, evaluation, and treatment services programs in
994each judicial circuit. A youth who has not previously been
995referred to the juvenile justice system for any offense and
996whose first referral is for a controlled substance possession in
997violation of s. 893.13(6) shall be diverted into a substance
998abuse services program.
999     Section 13.  Paragraph (b) of subsection (2) of section
1000985.245, Florida Statutes, is amended to read:
1001     985.245  Risk assessment instrument.--
1002     (2)
1003     (b)  The risk assessment instrument shall take into
1004consideration, but need not be limited to, prior history of
1005failure to appear, prior offenses, offenses committed pending
1006adjudication, any unlawful possession of a firearm, theft of a
1007motor vehicle or possession of a stolen motor vehicle, and
1008probation status at the time the child is taken into custody.
1009The risk assessment instrument shall also take into
1010consideration appropriate aggravating and mitigating
1011circumstances, and shall be designed to target a narrower
1012population of children than s. 985.255, and shall allow
1013additional points to be assessed for a child charged with a
1014felony who has a prior residential delinquency commitment. The
1015risk assessment instrument shall also include any information
1016concerning the child's history of abuse and neglect. The risk
1017assessment shall indicate whether detention care is warranted,
1018and, if detention care is warranted, whether the child should be
1019placed into secure, nonsecure, or home detention care.
1020     Section 14.  Paragraph (e) is added to subsection (1) of
1021section 985.441, Florida Statutes, to read:
1022     985.441  Commitment.--
1023     (1)  The court that has jurisdiction of an adjudicated
1024delinquent child may, by an order stating the facts upon which a
1025determination of a sanction and rehabilitative program was made
1026at the disposition hearing:
1027     (e)  Commit the child, if the child is pregnant or a mother
1028with an infant child, when appropriate, in a small family-style,
1029community-based program, taking into account the safety risk to
1030the child, herself, the fetus or infant, and the public.
1031     Section 15.  Section 985.461, Florida Statutes, is created
1032to read:
1033     985.461  Transition planning team.--Prior to exiting
1034juvenile justice commitment programs, all youth shall have made
1035available to them the services of an identified community-based,
1036interagency transition planning team to facilitate a
1037comprehensive, multiagency reintegration of each youth into the
1038community. Transition planning teams shall address issues that
1039include the youth's housing, education, and employability.
1040     Section 16.  Section 985.495, Florida Statutes, is created
1041to read:
1042     985.495  Aftercare services for girls.--The department
1043shall require community-based, gender-specific aftercare
1044services for girls transitioning from department programs. Such
1045programs shall include, but are not limited to, mental health,
1046substance abuse, family counseling and crisis intervention,
1047education and vocational training, and independent or
1048transitional living alternatives. The department shall place
1049such girls under the supervision of a female probation or
1050conditional release case manager. A female caseload supervision
1051team shall be established if the number of girls under
1052supervision justifies it.
1053     Section 17.  Section 985.622, Florida Statutes, is amended
1054to read:
1055     985.622  Multiagency plan for vocational education.--
1056     (1)  The Department of Juvenile Justice and the Department
1057of Education shall, in consultation with the statewide Workforce
1058Development Youth Council, school districts, providers, and
1059others, jointly develop a multiagency plan for vocational
1060education that establishes the curriculum, goals, and outcome
1061measures for vocational programs in juvenile commitment
1062facilities. Vocational training providing educational credits or
1063nationally recognized certification shall be available in all
1064juvenile justice day treatment programs and residential
1065commitment programs. The department shall work with the Agency
1066for Workforce Innovation and Workforce Florida, Inc., to ensure
1067that all job skills training is in areas directly tied to
1068careers listed on Florida's targeted occupation list. The plan
1069must include the following:
1070     (a)  Provisions for maximizing appropriate state and
1071federal funding sources, including funds under the Workforce
1072Investment Act and the Perkins Act.;
1073     (b)  The responsibilities of both departments and all other
1074appropriate entities; and
1075     (c)  A detailed implementation schedule.
1076
1077The plan must be submitted to the Governor, the President of the
1078Senate, and the Speaker of the House of Representatives by May
10791, 2001.
1080     (2)  The plan must define Vocational programming must be
1081that is appropriate based upon:
1082     (a)  The age and assessed educational abilities and goals
1083of the youth to be served; and
1084     (b)  The typical length of stay and custody characteristics
1085at the commitment program to which each youth is assigned.
1086     (3)  The plan must include a definition of vocational
1087programming that includes the following classifications of
1088commitment facilities that will offer vocational programming by
1089one of the following types:
1090     (a)  Type A.--Programs that teach personal accountability
1091skills and behaviors that are appropriate for youth in all age
1092groups and ability levels and that lead to work habits that help
1093maintain employment and living standards.
1094     (b)  Type B.--Programs that include Type A program content
1095and an orientation to the broad scope of career choices, based
1096upon personal abilities, aptitudes, and interests. Exploring and
1097gaining knowledge of occupation options and the level of effort
1098required to achieve them are essential prerequisites to skill
1099training.
1100     (c)  Type C.--Programs that include Type A program content
1101and the vocational competencies or the prerequisites needed for
1102entry into a specific occupation.
1103     (4)  Vocational programming shall The plan must also
1104address strategies to facilitate involvement of business and
1105industry in the design, delivery, and evaluation of vocational
1106programming in juvenile justice commitment facilities and
1107conditional release programs, including apprenticeship and work
1108experience programs, mentoring and job shadowing, and other
1109strategies that lead to postrelease employment. Incentives for
1110business involvement, such as tax breaks, bonding, and liability
1111limits should be investigated, implemented where appropriate, or
1112recommended to the Legislature for consideration.
1113     (5)  The department of Juvenile Justice and the Department
1114of Education shall each align its respective agency policies,
1115practices, technical manuals, contracts, quality-assurance
1116standards, performance-based-budgeting measures, and outcome
1117measures with the plan in commitment facilities by July 31,
11182001. Each agency shall provide a report on the implementation
1119of this section to the Governor, the President of the Senate,
1120and the Speaker of the House of Representatives by August 31,
11212001.
1122     (6)  All provider contracts executed by the department of
1123Juvenile Justice or the school districts after January 1, 2002,
1124must be aligned with the plan.
1125     (7)  The planning and execution of quality assurance
1126reviews conducted by the department or the Department of
1127Education or the Department of Juvenile Justice after August 1,
11282002, must be aligned with the plan.
1129     (8)  Outcome measures reported by the department of
1130Juvenile Justice and the Department of Education for youth
1131released on or after January 1, 2002, should include outcome
1132measures that conform to the plan.
1133     Section 18.  Subsection (7) is added to section 985.644,
1134Florida Statutes, to read:
1135     985.644  Departmental contracting powers; personnel
1136standards and screening.--
1137     (7)  The department shall conduct demonstration projects
1138that emphasize the benefits of outcome-based contracting with
1139critical interim performance standard requirements in lieu of
1140compliance-based contracts. The department may contract for such
1141projects based upon interim and long-term outcome performance
1142measures. Such projects shall be completed by December 31, 2010.
1143     Section 19.  Subsection (3) of section 435.04, Florida
1144Statutes, is amended to read:
1145     435.04  Level 2 screening standards.--
1146     (3)  The security background investigations conducted under
1147this section for employees of the Department of Juvenile Justice
1148must ensure that no persons subject to the provisions of this
1149section have been found guilty of, regardless of adjudication,
1150or entered a plea of nolo contendere or guilty to, any offense
1151prohibited under any of the following provisions of the Florida
1152Statutes or under any similar statute of another jurisdiction:
1153     (a)  Section 784.07, relating to assault or battery of law
1154enforcement officers, firefighters, emergency medical care
1155providers, public transit employees or agents, or other
1156specified officers.
1157     (b)  Section 810.02, relating to burglary, if the offense
1158is a felony.
1159     (c)  Section 944.40, relating to escape.
1160
1161The Department of Juvenile Justice may not remove a
1162disqualification from employment or grant an exemption to any
1163person who is disqualified under this section for any offense
1164disposed of during the most recent 7-year period. However, the
1165Department of Juvenile Justice may authorize the hiring of a
1166person for employment in youth facilities who was formerly in a
1167juvenile justice system program and exited it successfully if
1168the person has not been arrested for or charged with any offense
1169in the adult criminal justice system or, for a period of 5 years
1170prior to hiring, had a delinquency petition filed against him or
1171her.
1172     Section 20.  Paragraph (b) of subsection (1) of section
1173985.644, Florida Statutes, is amended to read:
1174     985.644  Departmental contracting powers; personnel
1175standards and screening.--
1176     (1)  The Department of Juvenile Justice or the Department
1177of Children and Family Services, as appropriate, may contract
1178with the Federal Government, other state departments and
1179agencies, county and municipal governments and agencies, public
1180and private agencies, and private individuals and corporations
1181in carrying out the purposes of, and the responsibilities
1182established in, this chapter.
1183     (b)  The Department of Juvenile Justice and the Department
1184of Children and Family Services shall require employment
1185screening pursuant to chapter 435, using the level 2 standards
1186set forth in that chapter for personnel in programs for children
1187or youths. The Department of Juvenile Justice may conditionally
1188hire juvenile justice employees upon successful completion of a
1189preliminary background screening, but prior to completion of a
1190full background screening, on the condition that no direct
1191contact with children occurs when the employee is located in
1192facility housing a program for which background screening is
1193required or on the grounds of a facility where youth are
1194located.
1195     Section 21.  Subsection (14) is added to section 985.664,
1196Florida Statutes, to read:
1197     985.664  Juvenile justice circuit boards and juvenile
1198justice county councils.--
1199     (14)  Subject to specific legislative appropriation,
1200juvenile justice circuit boards and juvenile justice county
1201councils shall receive local discretionary grant prevention
1202funds that they may allocate to meet the specific needs within
1203their local communities.
1204     Section 22.  Paragraph (c) of subsection (1) of section
12051011.62, Florida Statutes, is amended to read:
1206     1011.62  Funds for operation of schools.--If the annual
1207allocation from the Florida Education Finance Program to each
1208district for operation of schools is not determined in the
1209annual appropriations act or the substantive bill implementing
1210the annual appropriations act, it shall be determined as
1211follows:
1212     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1213OPERATION.--The following procedure shall be followed in
1214determining the annual allocation to each district for
1215operation:
1216     (c)  Determination of programs.--Cost factors based on
1217desired relative cost differences between the following programs
1218shall be established in the annual General Appropriations Act.
1219The Commissioner of Education shall specify a matrix of services
1220and intensity levels to be used by districts in the
1221determination of the two weighted cost factors for exceptional
1222students with the highest levels of need. For these students,
1223the funding support level shall fund the exceptional students'
1224education program, with the exception of extended school year
1225services 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
1237assessment instrument by the Department of Juvenile Justice
1238required by s. 985.245, Florida Statutes, shall be made with the
1239agreement of representatives appointed by the Conference of
1240Circuit Judges of Florida, the Florida Prosecuting Attorneys
1241Association, the Florida Public Defender Association, the
1242Florida Sheriffs Association, and the Florida Police Chiefs
1243Association. Each association shall appoint two individuals, one
1244representing an urban area and one representing a rural area.
1245The parties involved shall evaluate and revise the risk
1246assessment instrument as is considered necessary using the
1247method for revision as agreed by the parties.
1248     (2)  The Department of Juvenile Justice, with the agreement
1249of all the representatives listed in subsection (1), shall
1250revise, automate, and validate the detention risk assessment
1251instrument prior to June 1, 2010, and shall provide education
1252and training to its staff on proper application of the revised
1253screening instrument, population management control, and
1254awareness of staff's authority to contact the prosecutor during
1255the screening process to attempt to have eligible youth in
1256secure detention released to an alternative program subsequent
1257to the court hearing. The department may also provide such
1258training for juvenile court judges.
1259     Section 24.  (1)  The Department of Juvenile Justice shall
1260create a Disproportionate Minority Contact Task Force. The
1261secretary of the department shall appoint the members of the
1262task force, which shall include representation from education,
1263law enforcement, state attorneys, public defenders, the state
1264court system, faith communities, juvenile justice service
1265providers, advocacy organizations, members from communities most
1266affected, and other stakeholders. The goal of the task force
1267shall be to reduce disproportionate minority contact, statewide,
1268consistent with the federal Juvenile Justice and Delinquency
1269Prevention Act of 1974, as amended. Members of the task force
1270who are not government employees shall serve without
1271compensation but are entitled to receive reimbursement for
1272travel and per diem expenses as provided in s. 112.061, Florida
1273Statutes. The task force shall:
1274     (a)  Work with each local juvenile justice board and
1275council to develop a disproportionate minority contact reduction
1276plan for its area.
1277     (b)  Develop, in conjunction with the department,
1278requirements for every entity with which the department works,
1279throughout its continuum of services, to implement the
1280strategies, policies, and practices to reduce disproportionate
1281minority contact.
1282     (c)  Assist the department in developing ongoing cultural
1283sensitivity and cultural competence training for department and
1284provider staff to facilitate their participation in
1285disproportionate minority contact reduction plans and
1286strategies.
1287     (d)  Assist the department in developing training and
1288education classes to be made available to local law enforcement,
1289school system, and court personnel and other identified local
1290stakeholders.
1291     (e)  Assist the department in developing a strategic plan
1292to reduce disproportionate minority contact and over-
1293representation, which shall include strategies such as
1294restorative decisionmaking practices, to offer alternatives
1295aimed at preventing movement of youth to the next level of
1296intervention as the point of school disciplinary decisions,
1297arrest, charging, disposition, and placement.
1298     (f)  Assist the department and the juvenile justice boards
1299and councils in establishing comprehensive partnerships with
1300faith-based and community-based organizations that will be
1301minority-led, citizen-based, nonprofit organizations designed
1302and prepared to handle the range of responsibilities for
1303responding to the needs of underserved youth.
1304     (g)  Submit a report to the Governor, the President of the
1305Senate, and the Speaker of the House of Representatives by July
13061, 2010, summarizing its activities. The report shall also
1307include any specific recommendations for legislative action. The
1308task force is dissolved upon the submission of its report.
1309     (2)  The Department of Juvenile Justice shall establish
1310eight pilot project for reduction of disproportionate minority
1311contact in eight counties for a 3-year period. In each county,
1312the goals of the pilot projects shall be to reduce minority
1313representation in and the overall number of youth and school-
1314based referrals to the juvenile justice system, reduce minority
1315representation in out-of-school suspensions and expulsions, and
1316reduce minority representation in the number of youth held in
1317secure detention or committed to residential detention. The
1318department shall submit preliminary reports concerning the pilot
1319projects to the Governor, the President of the Senate, and the
1320Speaker of the House of Representatives by July 1, 2010, and
1321July 1, 2011. The department shall submit a final report
1322concerning the pilot projects by January 1, 2012. The final
1323report must include any specific recommendations for legislative
1324action during the 2012 Regular Session of the Legislature. The
1325pilot projects shall terminate on June 30, 2012.
1326     Section 25.  (1)  The Legislature finds that Florida's
1327communities have much to offer youth and their families that are
1328involved in the juvenile justice system. Placement of a youth
1329far away from his or her home community weakens community
1330linkages that can assist the youth. Defining service areas that
1331will facilitate services near the youth's home will promote
1332providing the youth with the appropriate service when it is
1333needed. The Department of Juvenile Justice's current regions are
1334too large to achieve this goal. Other components of the juvenile
1335justice system operate within judicial circuits. The
1336effectiveness of using judicial circuits as service areas should
1337be considered for this reason.
1338     (2)  The Department of Juvenile Justice shall identify
1339service areas that promote the concept of community-based
1340programs while recognizing the unique characteristics of
1341Florida's communities and recommend implementation to the
1342Legislature. Adoption of the service area boundaries of the
1343Department of Children and Family Services shall receive careful
1344consideration. A full continuum of services that include, but
1345are not limited to, prevention, early intervention, supervision,
1346and support services in the family, probation, residential, and
1347aftercare fields shall be available in each service area. The
1348Department of Juvenile Justice shall submit a report to the
1349Governor, the President of the Senate, and the Speaker of the
1350House of Representatives by January 1, 2010, concerning the use
1351of service areas as described in this section and any specific
1352recommendations for legislative action.
1353     Section 26.  The Legislature finds that services and
1354education that a youth receives in detention while awaiting
1355placement in a commitment program should be considered as part
1356of completing the youth's treatment plan. Similarly, the
1357services and education that youth receive in a competency
1358restoration placement should be taken into consideration as part
1359of the predisposition report at the youth's treatment plan in
1360any subsequent disposition. Therefore, the Governor shall
1361establish a task force to review and make recommendations to
1362modify current statutes or practices associated with restoration
1363of competency. The task force shall include members of the
1364judicial branch, the Department of Juvenile Justice, the
1365Department of Children and Family Services, and community mental
1366health providers. Members of the task force who are not
1367government employees shall serve without compensation but are
1368entitled to receive reimbursement for travel and per diem
1369expenses as provided in s. 112.061, Florida Statutes. The task
1370force shall submit a report of its findings to the Governor, the
1371President of the Senate, and the Speaker of the House of
1372Representatives by January 1, 2010. The task force shall
1373terminate upon submission of its report.
1374     Section 27.  (1)  The Legislature finds that the Department
1375of Juvenile Justice must have the ability to recruit and retain
1376a professional direct care staff and substantially reduce
1377turnover to ensure the most appropriate supervision and
1378rehabilitation of at-risk youth in their care. To further this
1379goal, the Governor shall establish a task force to perform a
1380role delineation study. The task force shall review and make
1381recommendations concerning the following:
1382     (a)  Core competencies for all state and contracted direct
1383care staff and minimum hiring requirements.
1384     (b)  Professional curriculum, continuing education
1385requirements, and establishment of a certification program to
1386include standards, requirements, examinations, certification,
1387and decertification.
1388     (c)  Base rates of pay for all direct care staff.
1389     (d)  The possibility of granting special risk retirement
1390benefits for care staff who work directly with youth.
1391     (2)  Members of the task force who are not government
1392employees shall serve without compensation but are entitled to
1393receive reimbursement for travel and per diem expenses as
1394provided in s. 112.061, Florida Statutes. The task force shall
1395submit a report of its findings to the Governor, the President
1396of the Senate, and the Speaker of the House of Representatives
1397by January 1, 2010. The task force shall terminate upon
1398submission of its report.
1399     Section 28.  The Legislature finds that the Washington
1400State Institute for Public Policy has helped develop effective
1401strategies in that state that have produced a significant return
1402on investment in crime reduction through diversion of funding
1403for adult prisons to prevention programs. The Department of
1404Corrections, the Department of Juvenile Justice, and the
1405Department of Children and Family Services shall select and work
1406with a university in the State University System to calculate
1407the return on investment and cost savings of crime reduction
1408through effective prevention and intervention programming with
1409the goal of implementing similar cost-saving strategies and
1410practices in this state. The university selected by the
1411departments shall submit a report to the secretary of each of
1412the departments, the Governor, the President of the Senate, and
1413the Speaker of the House of Representatives by June 30, 2010,
1414concerning the implementation of similar cost-saving strategies
1415and practices in this state and any specific recommendations for
1416legislative action.
1417     Section 29.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.