CS/HB 1475

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 394.492,
3	F.S.; including children 9 years of age or younger at the
4	time of referral for a delinquent act within the
5	definition of those children who are eligible to receive
6	comprehensive mental health services; amending s. 435.04,
7	F.S., relating to level 2 screening standards; correcting
8	a cross-reference; amending s. 984.03, F.S.; expanding the
9	meaning of the term "child in need of services" to include
10	a child 9 years of age or younger at the time of referral
11	to the Department of Juvenile Justice; amending s. 985.02,
12	F.S.; providing additional legislative findings and
13	intent; amending s. 985.03, F.S.; redefining the term
14	"child in need of services" to provide that a child is
15	eligible to receive comprehensive services if the child is
16	9 years of age or younger at the time of referral to the
17	department; defining the term "ordinary medical care in
18	department facilities and programs"; amending s. 985.125,
19	F.S.; encouraging law enforcement agencies, school
20	districts, counties, municipalities, and the Department of
21	Juvenile Justice to establish prearrest or postarrest
22	diversion programs for first-time misdemeanor offenders
23	and offenders who are 9 years of age or younger; amending
24	s. 985.441, F.S.; providing that a court may commit a
25	female child adjudicated as delinquent to the department
26	for placement in a mother-infant program designed to serve
27	the needs of the juvenile mothers or expectant juvenile
28	mothers who are committed as delinquents; requiring the
29	department to adopt rules to govern the operation of the
30	mother-infant program; amending s. 985.601, F.S.;
31	requiring that the department adopt rules to ensure the
32	effective delivery of services to children in the care and
33	custody of the department; requiring the department to
34	coordinate its rule-adoption process with the Department
35	of Children and Family Services and the Agency for Persons
36	with Disabilities; amending s. 985.644, F.S.; deleting
37	authorization for the Department of Children and Family
38	Services to contract for certain services; eliminating the
39	exemption from background screening previously granted to
40	a volunteer who assists on an intermittent basis for less
41	than 40 hours per month in programs serving children if
42	the volunteer was under direct and constant supervision by
43	persons who meet the screening requirements; amending s.
44	985.66, F.S.; eliminating the Juvenile Justice Standards
45	and Training Commission; providing that the department
46	rather than the commission is responsible for delinquency
47	program staff development and training; detailing the
48	minimum qualifications for delinquency program staff of
49	the department and contract providers who deliver direct-
50	care services to children; defining the term "delinquency
51	program staff"; amending s. 985.48, F.S.; conforming a
52	provision to the termination of the Juvenile Justice
53	Standards and Training Commission; amending s. 985.721,
54	F.S.; conforming a cross-reference to changes made by the
55	act; amending s. 985.43, F.S.; providing a legislative
56	declaration concerning the determination whether to commit
57	a juvenile to the department and the most appropriate
58	placement level if the juvenile is committed; amending s.
59	985.433, F.S.; revising provisions relating to
60	recommendations by probation officers to the court
61	concerning placement and any proposed treatment plan of
62	juveniles; requiring that reasons for a disposition be
63	stated for the record; requiring the department to
64	maintain data for certain purposes; providing an effective
65	date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  Paragraph (i) is added to subsection (4) of
70	section 394.492, Florida Statutes, to read:
71	394.492  Definitions.--As used in ss. 394.490-394.497, the
72	term:
73	(4)  "Child or adolescent at risk of emotional disturbance"
74	means a person under 18 years of age who has an increased
75	likelihood of becoming emotionally disturbed because of risk
76	factors that include, but are not limited to:
77	(i)  Being 9 years of age or younger at the time of
78	referral for a delinquent act.
79	Section 2.  Paragraph (b) of subsection (4) of section
80	435.04, Florida Statutes, is amended to read:
81	435.04  Level 2 screening standards.--
82	(4)  Standards must also ensure that the person:
83	(b)  Has not committed an act that constitutes domestic
84	violence as defined in s. 741.28 741.30.
85	Section 3.  Subsection (9) of section 984.03, Florida
86	Statutes, is amended to read:
87	984.03  Definitions.--When used in this chapter, the term:
88	(9)  "Child in need of services" means a child for whom
89	there is no pending investigation into an allegation or
90	suspicion of abuse, neglect, or abandonment; no pending referral
91	alleging that the child is delinquent, except if the child is 9
92	years of age or younger at the time of referral to the
93	department; or no current supervision by the department of
94	Juvenile Justice or the Department of Children and Family
95	Services for an adjudication of dependency or delinquency. The
96	child must also, pursuant to this chapter, be found by the
97	court:
98	(a)  To have persistently run away from the child's parents
99	or legal custodians despite reasonable efforts of the child, the
100	parents or legal custodians, and appropriate agencies to remedy
101	the conditions contributing to the behavior. Reasonable efforts
102	shall include voluntary participation by the child's parents or
103	legal custodians and the child in family mediation, services,
104	and treatment offered by the department of Juvenile Justice or
105	the Department of Children and Family Services;
106	(b)  To be habitually truant from school, while subject to
107	compulsory school attendance, despite reasonable efforts to
108	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
109	through voluntary participation by the child's parents or legal
110	custodians and by the child in family mediation, services, and
111	treatment offered by the department of Juvenile Justice or the
112	Department of Children and Family Services; or
113	(c)  To have persistently disobeyed the reasonable and
114	lawful demands of the child's parents or legal custodians, and
115	to be beyond their control despite efforts by the child's
116	parents or legal custodians and appropriate agencies to remedy
117	the conditions contributing to the behavior. Reasonable efforts
118	may include such things as good faith participation in family or
119	individual counseling; or.
120	(d)  To be 9 years of age or younger and have been referred
121	to the department for committing a delinquent act.
122	Section 4.  Subsection (9) is added to section 985.02,
123	Florida Statutes, to read:
124	985.02  Legislative intent for the juvenile justice
125	system.--
126	(9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
127	finds that very young children need age-appropriate services in
128	order to prevent and reduce future acts of delinquency. Children
129	who are 9 years of age or younger who have been determined by
130	the court to pose no danger to the community and are unlikely to
131	recidivate should be diverted into prearrest or postarrest
132	programs, civil citation programs, or children-in-need-of-
133	services and families-in-need-of-services programs, as
134	appropriate. If, following a needs assessment, the child is
135	found to be in need of mental health services or substance abuse
136	treatment services, the department shall cooperate with the
137	Department of Children and Family Services to provide the most
138	appropriate services for the child.
139	Section 5.  Subsection (7) of section 985.03, Florida
140	Statutes, is amended, present subsections (39) through (57) are
141	redesignated as subsections (40) through (58), respectively, and
142	a new subsection (39) is added to that section, to read:
143	985.03  Definitions.--As used in this chapter, the term:
144	(7)  "Child in need of services" means a child for whom
145	there is no pending investigation into an allegation or
146	suspicion of abuse, neglect, or abandonment; no pending referral
147	alleging that the child is delinquent, except if the child is 9
148	years of age or younger at the time of referral to the
149	department; or no current supervision by the department or the
150	Department of Children and Family Services for an adjudication
151	of dependency or delinquency. The child must also, under this
152	chapter, be found by the court:
153	(a)  To have persistently run away from the child's parents
154	or legal custodians despite reasonable efforts of the child, the
155	parents or legal custodians, and appropriate agencies to remedy
156	the conditions contributing to the behavior. Reasonable efforts
157	shall include voluntary participation by the child's parents or
158	legal custodians and the child in family mediation, services,
159	and treatment offered by the department or the Department of
160	Children and Family Services;
161	(b)  To be habitually truant from school, while subject to
162	compulsory school attendance, despite reasonable efforts to
163	remedy the situation under ss. 1003.26 and 1003.27 and through
164	voluntary participation by the child's parents or legal
165	custodians and by the child in family mediation, services, and
166	treatment offered by the department of Juvenile Justice or the
167	Department of Children and Family Services; or
168	(c)  To have persistently disobeyed the reasonable and
169	lawful demands of the child's parents or legal custodians, and
170	to be beyond their control despite efforts by the child's
171	parents or legal custodians and appropriate agencies to remedy
172	the conditions contributing to the behavior. Reasonable efforts
173	may include such things as good faith participation in family or
174	individual counseling; or.
175	(d)  To have been referred for a delinquent act at the age
176	of 9 years or younger.
177	(39)  "Ordinary medical care in department facilities and
178	programs" means medical procedures that are administered or
179	performed on a routine basis and include, but are not limited
180	to, inoculations, physical examinations, remedial treatment for
181	minor illnesses and injuries, preventive services, medication
182	management, chronic disease detection and treatment, and other
183	medical procedures that are administered or performed on a
184	routine basis and that do not involve hospitalization, surgery,
185	or use of general anesthesia.
186	Section 6.  Subsection (1) of section 985.125, Florida
187	Statutes, is amended to read:
188	985.125  Prearrest or postarrest diversion programs.--
189	(1)  A law enforcement agency, or school district, county,
190	municipality, or the department, in cooperation with the state
191	attorney, is encouraged to may establish a prearrest or
192	postarrest diversion programs for first-time misdemeanor
193	offenders and offenders who are 9 years of age or younger
194	program.
195	Section 7.  Paragraph (e) is added to subsection (1) of
196	section 985.441, Florida Statutes, to read:
197	985.441  Commitment.--
198	(1)  The court that has jurisdiction of an adjudicated
199	delinquent child may, by an order stating the facts upon which a
200	determination of a sanction and rehabilitative program was made
201	at the disposition hearing:
202	(e)  Commit the child to the department for placement in a
203	mother-infant program designed to serve the needs of the
204	juvenile mothers or expectant juvenile mothers who are committed
205	as delinquents. The department's mother-infant program must be
206	licensed as a child care facility in accordance with s. 402.308
207	and must provide the services and support necessary to enable
208	the committed juvenile mothers to provide for the needs of their
209	infants who, upon agreement of the mother, may accompany them in
210	the program. The department shall adopt rules to govern the
211	operation of such programs.
212	Section 8.  Subsection (2) of section 985.601, Florida
213	Statutes, is amended to read:
214	985.601  Administering the juvenile justice continuum.--
215	(2)(a)  The department shall develop and implement an
216	appropriate continuum of care that provides individualized,
217	multidisciplinary assessments, objective evaluations of relative
218	risks, and the matching of needs with placements for all
219	children under its care, and that uses a system of case
220	management to facilitate each child being appropriately
221	assessed, provided with services, and placed in a program that
222	meets the child's needs.
223	(b)  The department shall adopt rules to ensure the
224	effective delivery of services to children in the department's
225	care and custody. The rules must address the delivery of:
226	1.  Ordinary medical care in department facilities and
227	programs;
228	2.  Mental health services in department facilities and
229	programs;
230	3.  Substance abuse treatment services in department
231	facilities and programs; and
232	4.  Services to children with developmental disabilities in
233	department facilities and programs.
234
235	The department shall coordinate its rulemaking with the
236	Department of Children and Family Services and the Agency for
237	Persons with Disabilities to ensure that the rules adopted under
238	this section do not encroach upon the substantive jurisdiction
239	of those agencies. The department shall include the above-
240	mentioned entities in the rulemaking process, as appropriate.
241	Section 9.  Section 985.644, Florida Statutes, is amended
242	to read:
243	985.644  Departmental contracting powers; personnel
244	standards and screening.--
245	(1)  The department of Juvenile Justice or the Department
246	of Children and Family Services, as appropriate, may contract
247	with the Federal Government, other state departments and
248	agencies, county and municipal governments and agencies, public
249	and private agencies, and private individuals and corporations
250	in carrying out the purposes of, and the responsibilities
251	established in, this chapter.
252	(a)  When the department of Juvenile Justice or the
253	Department of Children and Family Services contracts with a
254	provider for any program for children, all personnel, including
255	owners, operators, employees, and volunteers, in the facility
256	must be of good moral character. Each contract entered into by
257	either department for services delivered on an appointment or
258	intermittent basis by a provider that does not have regular
259	custodial responsibility for children and each contract with a
260	school for before or aftercare services must ensure that the
261	owners, operators, and all personnel who have direct contact
262	with children are of good moral character. A volunteer who
263	assists on an intermittent basis for less than 40 hours per
264	month need not be screened if the volunteer is under direct and
265	constant supervision by persons who meet the screening
266	requirements.
267	(b)  The department of Juvenile Justice and the Department
268	of Children and Family Services shall require employment
269	screening pursuant to chapter 435, using the level 2 standards
270	set forth in that chapter for personnel in programs for children
271	or youths.
272	(c)  The department of Juvenile Justice or the Department
273	of Children and Family Services may grant exemptions from
274	disqualification from working with children as provided in s.
275	435.07.
276	(2)  The department may contract with the Federal
277	Government, other state departments and agencies, county and
278	municipal governments and agencies, public and private agencies,
279	and private individuals and corporations in carrying out the
280	purposes and the responsibilities of the delinquency services
281	and programs of the department.
282	(3)  The department shall adopt a rule pursuant to chapter
283	120 establishing a procedure to provide notice of policy changes
284	that affect contracted delinquency services and programs. A
285	policy is defined as an operational requirement that applies to
286	only the specified contracted delinquency service or program.
287	The procedure shall include:
288	(a)  Public notice of policy development.
289	(b)  Opportunity for public comment on the proposed policy.
290	(c)  Assessment for fiscal impact upon the department and
291	providers.
292	(d)  The department's response to comments received.
293	(4)  When the department contracts with a provider for any
294	delinquency service or program, all personnel, including all
295	owners, operators, employees, and volunteers in the facility or
296	providing the service or program shall be of good moral
297	character. A volunteer who assists on an intermittent basis for
298	less than 40 hours per month is not required to be screened if
299	the volunteer is under direct and constant supervision by
300	persons who meet the screening requirements.
301	(4)(5)(a)  For any person employed by the department, or by
302	a provider under contract with the department, in delinquency
303	facilities, services, or programs, the department shall require:
304	1.  A level 2 employment screening pursuant to chapter 435
305	prior to employment.
306	2.  A federal criminal records check by the Federal Bureau
307	of Investigation every 5 years following the date of the
308	person's employment.
309	(b)  Except for law enforcement, correctional, and
310	correctional probation officers, to whom s. 943.13(5) applies,
311	the department shall electronically submit to the Department of
312	Law Enforcement:
313	1.  Fingerprint information obtained during the employment
314	screening required by subparagraph (a)1.
315	2.  Beginning on December 15, 2005, Fingerprint information
316	for all persons employed by the department, or by a provider
317	under contract with the department, in delinquency facilities,
318	services, or programs if such fingerprint information has not
319	previously been electronically submitted to the Department of
320	Law Enforcement under this paragraph.
321	(c)  All fingerprint information electronically submitted
322	to the Department of Law Enforcement under paragraph (b) shall
323	be retained by the Department of Law Enforcement and entered
324	into the statewide automated fingerprint identification system
325	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
326	information shall be available for all purposes and uses
327	authorized for arrest fingerprint information entered into the
328	statewide automated fingerprint identification system pursuant
329	to s. 943.051 until the fingerprint information is removed
330	pursuant to paragraph (e). The Department of Law Enforcement
331	shall search all arrest fingerprint information received
332	pursuant to s. 943.051 against the fingerprint information
333	entered into the statewide automated fingerprint system pursuant
334	to this subsection. Any arrest records identified as a result of
335	the search shall be reported to the department in the manner and
336	timeframe established by the Department of Law Enforcement by
337	rule.
338	(d)  The department shall pay an annual fee to the
339	Department of Law Enforcement for its costs resulting from the
340	fingerprint information retention services required by this
341	subsection. The amount of the annual fee and procedures for the
342	submission and retention of fingerprint information and for the
343	dissemination of search results shall be established by the
344	Department of Law Enforcement by a rule that is applicable to
345	the department individually pursuant to this subsection or that
346	is applicable to the department and other employing agencies
347	pursuant to rulemaking authority otherwise provided by law.
348	(e)  The department shall notify the Department of Law
349	Enforcement when a person whose fingerprint information is
350	retained by the Department of Law Enforcement under this
351	subsection is no longer employed by the department, or by a
352	provider under contract with the department, in a delinquency
353	facility, service, or program. This notice shall be provided by
354	the department to the Department of Law Enforcement no later
355	than 6 months after the date of the change in the person's
356	employment status. Fingerprint information for persons
357	identified by the department in the notice shall be removed from
358	the statewide automated fingerprint system.
359	(5)(6)  The department may grant exemptions from
360	disqualification from working with children as provided in s.
361	435.07.
362	Section 10.  Section 985.66, Florida Statutes, is amended
363	to read:
364	985.66  Juvenile justice training academies; staff
365	development and training Juvenile Justice Standards and Training
366	Commission; Juvenile Justice Training Trust Fund.--
367	(1)  LEGISLATIVE PURPOSE.--In order to enable the state to
368	provide a systematic approach to staff development and training
369	for judges, state attorneys, public defenders, law enforcement
370	officers, school district personnel, and delinquency juvenile
371	justice program staff that will meet the needs of such persons
372	in their discharge of duties while at the same time meeting the
373	requirements for the American Correction Association
374	accreditation by the Commission on Accreditation for
375	Corrections, it is the purpose of the Legislature to require the
376	department to establish, maintain, and oversee the operation of
377	juvenile justice training academies in the state. The purpose of
378	the Legislature in establishing staff development and training
379	programs is to foster better staff morale and reduce
380	mistreatment and aggressive and abusive behavior in delinquency
381	programs; to positively impact the recidivism of children in the
382	juvenile justice system; and to afford greater protection of the
383	public through an improved level of services delivered by a
384	professionally trained delinquency juvenile justice program
385	staff to children who are alleged to be or who have been found
386	to be delinquent.
387	(2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
388	STANDARDS AND TRAINING COMMISSION.--
389	(a)  There is created under the Department of Juvenile
390	Justice the Juvenile Justice Standards and Training Commission,
391	hereinafter referred to as the commission. The 17-member
392	commission shall consist of the Attorney General or designee,
393	the Commissioner of Education or designee, a member of the
394	juvenile court judiciary to be appointed by the Chief Justice of
395	the Supreme Court, and 14 members to be appointed by the
396	Secretary of Juvenile Justice as follows:
397	1.  Seven members shall be juvenile justice professionals:
398	a superintendent or a direct care staff member from an
399	institution; a director from a contracted community-based
400	program; a superintendent and a direct care staff member from a
401	regional detention center or facility; a juvenile probation
402	officer supervisor and a juvenile probation officer; and a
403	director of a day treatment or conditional release program. No
404	fewer than three of these members shall be contract providers.
405	2.  Two members shall be representatives of local law
406	enforcement agencies.
407	3.  One member shall be an educator from the state's
408	university and community college program of criminology,
409	criminal justice administration, social work, psychology,
410	sociology, or other field of study pertinent to the training of
411	juvenile justice program staff.
412	4.  One member shall be a member of the public.
413	5.  One member shall be a state attorney, or assistant
414	state attorney, who has juvenile court experience.
415	6.  One member shall be a public defender, or assistant
416	public defender, who has juvenile court experience.
417	7.  One member shall be a representative of the business
418	community.
419
420	All appointed members shall be appointed to serve terms of 2
421	years.
422	(b)  The composition of the commission shall be broadly
423	reflective of the public and shall include minorities and women.
424	The term "minorities" as used in this paragraph means a member
425	of a socially or economically disadvantaged group that includes
426	blacks, Hispanics, and American Indians.
427	(c)  The Department of Juvenile Justice shall provide the
428	commission with staff necessary to assist the commission in the
429	performance of its duties.
430	(d)  The commission shall annually elect its chairperson
431	and other officers. The commission shall hold at least four
432	regular meetings each year at the call of the chairperson or
433	upon the written request of three members of the commission. A
434	majority of the members of the commission constitutes a quorum.
435	Members of the commission shall serve without compensation but
436	are entitled to be reimbursed for per diem and travel expenses
437	as provided by s. 112.061 and these expenses shall be paid from
438	the Juvenile Justice Training Trust Fund.
439	(e)  The department powers, duties, and functions of the
440	commission shall be to:
441	(a)1.  Designate the location of the training academies;
442	develop, implement, maintain, and update the curriculum to be
443	used in the training of delinquency juvenile justice program
444	staff; establish timeframes for participation in and completion
445	of training by delinquency juvenile justice program staff;
446	develop, implement, maintain, and update job-related
447	examinations; develop, implement, and update the types and
448	frequencies of evaluations of the training academies; approve,
449	modify, or disapprove the budget for the training academies, and
450	the contractor to be selected to organize and operate the
451	training academies and to provide the training curriculum.
452	(b)2.  Establish uniform minimum job-related training
453	courses and examinations for delinquency juvenile justice
454	program staff.
455	(c)3.  Consult and cooperate with the state or any
456	political subdivision; any private entity or contractor; and
457	with private and public universities, colleges, community
458	colleges, and other educational institutions concerning the
459	development of juvenile justice training and programs or courses
460	of instruction, including, but not limited to, education and
461	training in the areas of juvenile justice.
462	(d)4.  Enter into With the approval of the department, make
463	and enter into such contracts and agreements with other
464	agencies, organizations, associations, corporations,
465	individuals, or federal agencies as the commission determines
466	are necessary in the execution of the its powers of the
467	department or the performance of its duties.
468	5.  Make recommendations to the Department of Juvenile
469	Justice concerning any matter within the purview of this
470	section.
471	(3)  JUVENILE JUSTICE TRAINING PROGRAM.--The department
472	commission shall establish a certifiable program for juvenile
473	justice training pursuant to this section, and all delinquency
474	department program staff and providers who deliver direct care
475	services pursuant to contract with the department shall be
476	required to participate in and successfully complete the
477	department-approved commission-approved program of training
478	pertinent to their areas of responsibility. Judges, state
479	attorneys, and public defenders, law enforcement officers, and
480	school district personnel may participate in such training
481	program. For the delinquency juvenile justice program staff, the
482	department commission shall, based on a job-task analysis:
483	(a)  Design, implement, maintain, evaluate, and revise a
484	basic training program, including a competency-based
485	examination, for the purpose of providing minimum employment
486	training qualifications for all delinquency program staff
487	juvenile justice personnel. All program staff of the department
488	and providers who deliver direct-care services who are hired
489	after October 1, 1999, must meet the following minimum
490	requirements:
491	1.  Be at least 19 years of age.
492	2.  Be a high school graduate or its equivalent as
493	determined by the department commission.
494	3.  Not have been convicted of any felony or a misdemeanor
495	involving perjury or a false statement, or have received a
496	dishonorable discharge from any of the Armed Forces of the
497	United States. Any person who, after September 30, 1999, pleads
498	guilty or nolo contendere to or is found guilty of any felony or
499	a misdemeanor involving perjury or false statement is not
500	eligible for employment, notwithstanding suspension of sentence
501	or withholding of adjudication. Notwithstanding this
502	subparagraph, any person who pled nolo contendere to a
503	misdemeanor involving a false statement before October 1, 1999,
504	and who has had such record of that plea sealed or expunged is
505	not ineligible for employment for that reason.
506	4.  Abide by all the provisions of s. 985.644(1) regarding
507	fingerprinting and background investigations and other screening
508	requirements for personnel.
509	5.  Execute and submit to the department an affidavit-of-
510	application form, adopted by the department, attesting to his or
511	her compliance with subparagraphs 1.-4. The affidavit must be
512	executed under oath and constitutes an official statement under
513	s. 837.06. The affidavit must include conspicuous language that
514	the intentional false execution of the affidavit constitutes a
515	misdemeanor of the second degree. The employing agency shall
516	retain the affidavit.
517	(b)  Design, implement, maintain, evaluate, and revise an
518	advanced training program, including a competency-based
519	examination for each training course, which is intended to
520	enhance knowledge, skills, and abilities related to job
521	performance.
522	(c)  Design, implement, maintain, evaluate, and revise a
523	career development training program, including a competency-
524	based examination for each training course. Career development
525	courses are intended to prepare personnel for promotion.
526	(d)  The department commission is encouraged to design,
527	implement, maintain, evaluate, and revise juvenile justice
528	training courses, or to enter into contracts for such training
529	courses, that are intended to provide for the safety and well-
530	being of both citizens and juvenile offenders.
531	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
532	(a)  There is created within the State Treasury a Juvenile
533	Justice Training Trust Fund to be used by the Department of
534	Juvenile Justice for the purpose of funding the development and
535	updating of a job-task analysis of delinquency program staff
536	juvenile justice personnel; the development, implementation, and
537	updating of job-related training courses and examinations; and
538	the cost of commission-approved juvenile justice training
539	courses; and reimbursement for expenses as provided in s.
540	112.061 for members of the commission and staff.
541	(b)  One dollar from every noncriminal traffic infraction
542	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
543	deposited into the Juvenile Justice Training Trust Fund.
544	(c)  In addition to the funds generated by paragraph (b),
545	the trust fund may receive funds from any other public or
546	private source.
547	(d)  Funds that are not expended by the end of the budget
548	cycle or through a supplemental budget approved by the
549	department shall revert to the trust fund.
550	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING
551	ACADEMIES.--The number, location, and establishment of juvenile
552	justice training academies shall be determined by the department
553	commission.
554	(6)  SCHOLARSHIPS AND STIPENDS.--
555	(a)  By rule, the department commission shall establish
556	criteria to award scholarships or stipends to qualified
557	delinquency program staff juvenile justice personnel who are
558	residents of the state who want to pursue a bachelor's or
559	associate in arts degree in juvenile justice or a related field.
560	The department shall handle the administration of the
561	scholarship or stipend. The Department of Education shall handle
562	the notes issued for the payment of the scholarships or
563	stipends. All scholarship and stipend awards shall be paid from
564	the Juvenile Justice Training Trust Fund upon vouchers approved
565	by the Department of Education and properly certified by the
566	Chief Financial Officer. Prior to the award of a scholarship or
567	stipend, the delinquency program staff juvenile justice employee
568	must agree in writing to practice her or his profession in
569	juvenile justice or a related field for 1 month for each month
570	of grant or to repay the full amount of the scholarship or
571	stipend together with interest at the rate of 5 percent per
572	annum over a period not to exceed 10 years. Repayment shall be
573	made payable to the state for deposit into the Juvenile Justice
574	Training Trust Fund.
575	(b)  The department commission may establish the
576	scholarship program by rule and implement the program on or
577	after July 1, 1996.
578	(7)  ADOPTION OF RULES.--The department commission shall
579	adopt rules as necessary to administer carry out the provisions
580	of this section.
581	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
582	MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of
583	Risk Management of the Department of Financial Services is
584	authorized to insure a private agency, individual, or
585	corporation operating a state-owned training school under a
586	contract to carry out the purposes and responsibilities of any
587	program of the department. The coverage authorized herein shall
588	be under the same general terms and conditions as the department
589	is insured for its responsibilities under chapter 284.
590	(9)  DELINQUENCY PROGRAM STAFF DEFINED.--As used in this
591	section, the term "delinquency program staff" means supervisory
592	and direct care staff of a delinquency program as well as
593	support staff who have direct contact with children in a
594	delinquency program that is owned and operated by the
595	department. The Juvenile Justice Standards and Training
596	Commission is terminated on June 30, 2001, and such termination
597	shall be reviewed by the Legislature prior to that date.
598	Section 11.  Subsection (8) of section 985.48, Florida
599	Statutes, is amended to read:
600	985.48  Juvenile sexual offender commitment programs;
601	sexual abuse intervention networks.--
602	(8)  The department Juvenile Justice Standards and Training
603	Commission shall establish criteria for training all contract
604	and department staff or provide a special training program for
605	contract and department staff to effectively manage and provide
606	services and treatment to a juvenile sexual offender in a
607	juvenile sexual offender program.
608	Section 12.  Subsection (2) of section 985.721, Florida
609	Statutes, is amended to read:
610	985.721  Escapes from secure detention or residential
611	commitment facility.--An escape from:
612	(2)  Any residential commitment facility described in s.
613	985.03(45)(44), maintained for the custody, treatment,
614	punishment, or rehabilitation of children found to have
615	committed delinquent acts or violations of law; or
616
617	constitutes escape within the intent and meaning of s. 944.40
618	and is a felony of the third degree, punishable as provided in
619	s. 775.082, s. 775.083, or s. 775.084.
620	Section 13.  Subsection (4) is added to section 985.43,
621	Florida Statutes, to read:
622	985.43  Predisposition reports; other evaluations.--
623	(4)  The Legislature finds that the court is in the best
624	position to weigh all facts and circumstances to determine
625	whether or not to commit a juvenile to the department and to
626	determine the most appropriate restrictiveness level for a
627	juvenile committed to the department.
628	Section 14.  Paragraphs (a) and (b) of subsection (7) of
629	section 985.433, Florida Statutes, are amended to read:
630	985.433  Disposition hearings in delinquency cases.--When a
631	child has been found to have committed a delinquent act, the
632	following procedures shall be applicable to the disposition of
633	the case:
634	(7)  If the court determines that the child should be
635	adjudicated as having committed a delinquent act and should be
636	committed to the department, such determination shall be in
637	writing or on the record of the hearing. The determination shall
638	include a specific finding of the reasons for the decision to
639	adjudicate and to commit the child to the department, including
640	any determination that the child was a member of a criminal
641	gang.
642	(a)  The juvenile probation officer shall make a
643	recommendation to the court concerning placement and any
644	proposed treatment plan recommend to the court the most
645	appropriate placement and treatment plan, specifically
646	identifying the restrictiveness level most appropriate for the
647	child. If the court has determined that the child was a member
648	of a criminal gang, that determination shall be given great
649	weight in identifying the most appropriate restrictiveness level
650	for the child. The court shall consider the department's
651	recommendation in making its commitment decision.
652	(b)  The court may shall commit the child to the department
653	at the restrictiveness level identified by the department, or
654	the court may order placement at a different restrictiveness
655	level. The court may determine the disposition on the same
656	factors as the department considered in the department's
657	predisposition report and placement recommendation even if the
658	court reaches a different conclusion. The court may commit the
659	child to a different restrictiveness level than recommended by
660	the department. The court shall state for the record the reasons
661	for the disposition imposed that establish by a preponderance of
662	the evidence why the court is disregarding the assessment of the
663	child and the restrictiveness level recommended by the
664	department. Any party may appeal the court's findings resulting
665	in a modified level of restrictiveness under this paragraph. The
666	department shall maintain data to identify the extent to which
667	the courts agree with the department's recommendation.
668	Section 15.  This act shall take effect July 1, 2009.

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