HB 173

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.0301,
3F.S.; permitting a court to retain jurisdiction over a
4child and the child's parent or legal guardian whom the
5court has ordered to pay costs, fees, and costs associated
6with court-appointed counsel until the costs, fees, and
7costs associated with court-appointed counsel are
8satisfied; providing intent; creating s. 985.031, F.S.;
9authorizing the court to set reasonable conditions of
10preadjudicatory release for children charged with
11specified acts or who have previously been charged with or
12committed delinquent acts; providing examples of such
13conditions; amending s. 985.101, F.S.; permitting a child
14to be taken into custody for violations of preadjudicatory
15release conditions; providing that conditions of
16preadjudicatory release may not be used to impose home
17detention when not otherwise authorized; amending s.
18985.24, F.S.; providing an additional finding to support
19the use of secure, nonsecure, or home detention care;
20amending s. 985.245, F.S.; providing that placement in
21detention care under a specified provision does not
22require a risk assessment; amending s. 985.25, F.S.;
23providing additional grounds for placement of a child in
24secure detention care; amending s. 985.255, F.S.;
25providing for continuing home or nonsecure or home
26detention care or secure detention care prior to a
27detention hearing in certain circumstances; amending s.
28985.26, F.S.; requiring that children who have been
29released comply with preadjudicatory release conditions;
30providing that certain time limits do not apply to secure
31detention under specified provisions; amending s. 985.265,
32F.S.; specifying some changed circumstances that permit
33the Department of Juvenile Justice to transfer a child
34from home or nonsecure or home detention care to secure
35detention care; amending s. 985.27, F.S.; specifying
36circumstances under which a child who is awaiting
37placement in a low-risk or minimum-risk residential
38program may be held in secure detention care; providing
39time limits on such detention care; providing for secure
40detention care for absconders from specified types of
41care; revising provisions for detention care of a child
42awaiting placement in a moderate-risk residential program;
43providing for secure detention care in specified
44circumstances; creating s. 985.28, F.S.; providing for
45secure detention of a child in specified circumstances;
46permitting a parent or legal guardian of a child to be
47held in contempt of court if he or she knowingly and
48willfully fails to bring or otherwise prevents the child
49from appearing for trial; amending s. 985.35, F.S.;
50conforming a cross-reference to changes made by the act;
51amending s. 985.43, F.S.; conforming a cross-reference to
52changes made by the act; providing a legislative
53declaration concerning the determination whether to commit
54a juvenile to the department and the most appropriate
55placement level if the juvenile is committed; amending s.
56985.433, F.S.; revising provisions relating to
57recommendations by probation officers to the court
58concerning placement and any proposed treatment plan of
59juveniles; specifying that the court has the power to
60determine appropriate dispositions; requiring that reasons
61for a disposition be stated for the record; amending s.
62985.439, F.S.; permitting a child to be detained in a
63facility other than a consequence unit if one is not
64available for a violation of probation or postcommitment
65probation under specified provisions; creating s. 938.20,
66F.S.; permitting each county to create a juvenile crime
67prevention fund; providing for an additional court cost;
68providing for administration and use of funds; amending s.
69790.22, F.S.; conforming a cross-reference; providing that
70the act fulfills an important state interest; providing an
71effective date.
72
73Be It Enacted by the Legislature of the State of Florida:
74
75     Section 1.  Paragraph (i) of subsection (5) of section
76985.0301, Florida Statutes, is amended to read:
77     985.0301  Jurisdiction.--
78     (5)
79     (i)  The court retains may retain jurisdiction over a child
80and the child's parent or legal guardian whom:
81     1.  The court has ordered to pay restitution until the
82restitution order is satisfied. To retain jurisdiction, The
83court shall enter a restitution order, which is separate from
84any disposition or order of commitment, on or prior to the date
85that the court's jurisdiction would cease under this section.
86The contents of the restitution order shall be limited to the
87child's name and address, the name and address of the parent or
88legal guardian, the name and address of the payee, the case
89number, the date and amount of restitution ordered, any amount
90of restitution paid, the amount of restitution due and owing,
91and a notation that costs, interest, penalties, and attorney's
92fees may also be due and owing. The terms of the restitution
93order are subject to s. 775.089(5).
94     2.  The court has ordered to pay costs, fees, and costs
95associated with court-appointed counsel until the costs, fees,
96and costs associated with court-appointed counsel are satisfied,
97regardless of adjudication. The child and the child's parent or
98legal guardian remain responsible for unpaid costs, fees, and
99costs associated with court-appointed counsel until the unpaid
100costs, fees, and costs associated with court-appointed counsel
101are satisfied, even after the child turns 19 years of age. The
102implementation of this subparagraph does not, in any way,
103authorize or otherwise permit details of the juvenile court
104record to be disclosed except as provided by law.
105
106The retention of jurisdiction under this paragraph does not
107preclude the department from closing out the community
108supervision case for a child if the child has successfully met
109all other conditions of the supervision case plan.
110     Section 2.  Section 985.031, Florida Statutes, is created
111to read:
112     985.031  Preadjudicatory release; circuit court
113authority.--The circuit court shall have the authority to set
114reasonable conditions of preadjudicatory release for a child
115charged with the commission of a delinquent act which
116constitutes a felony or when the child has previously been
117charged with or found to have committed, regardless of
118adjudication, a delinquent act. The child shall comply with all
119such preadjudicatory release conditions prior to an adjudicatory
120hearing. Reasonable conditions of preadjudicatory release may
121include, but are not limited to, the following:
122     (1)  The child shall not engage in a violation of law.
123     (2)  The child shall not possess or carry any weapon.
124     (3)  The child shall not possess or use any alcoholic
125beverage or illegal drug or associate with those who are
126currently possessing or using any alcoholic beverage or illegal
127drug.
128     (4)  The child shall obey all reasonable household rules.
129     (5)  The child shall attend school regularly, including all
130classes.
131     (6)  The child shall abide by the curfew set by his or her
132parents or guardians, or as set by the court.
133     (7)  The child shall have no contact with any codefendants,
134an alleged victim, or the family of any alleged victim.
135     (8)  The child shall not return to the scene of the alleged
136crime, unless approved by the court.
137     Section 3.  Paragraph (d) of subsection (1) of section
138985.101, Florida Statutes, is amended to read:
139     985.101  Taking a child into custody; preadjudicatory
140release conditions.--
141     (1)  A child may be taken into custody under the following
142circumstances:
143     (d)  By a law enforcement officer who has probable cause to
144believe that the child is in violation of the conditions of the
145child's preadjudicatory release, conditions of the child's
146probation, home detention, postcommitment probation, or
147conditional release supervision; has absconded from
148nonresidential commitment; or has escaped from residential
149commitment.
150
151Nothing in this subsection shall be construed to allow the
152detention of a child who does not meet the detention criteria in
153part V.
154     Section 4.  Subsection (1) of section 985.24, Florida
155Statutes, is amended to read:
156     985.24  Use of detention; prohibitions.--
157     (1)  All determinations and court orders regarding the use
158of secure, nonsecure, or home detention care shall be based
159primarily upon findings that the child:
160     (a)  Presents a substantial risk of not appearing at a
161subsequent hearing;
162     (b)  Presents a substantial risk of inflicting bodily harm
163on others as evidenced by recent behavior;
164     (c)  Presents a history of committing a property offense
165prior to adjudication, disposition, or placement;
166     (d)  Has been adjudicated delinquent and committed to the
167department in a residential facility, but is on home or
168nonsecure detention care while awaiting placement, and:
169     1.  Absconds from home or nonsecure detention care or
170otherwise violates the terms of release; or
171     2.  There is probable cause to believe that the child has
172committed a new violation of law;
173     (e)(d)  Has committed contempt of court by:
174     1.  Intentionally disrupting the administration of the
175court;
176     2.  Intentionally disobeying a court order; or
177     3.  Engaging in a punishable act or speech in the court's
178presence which shows disrespect for the authority and dignity of
179the court; or
180     (f)(e)  Requests protection from imminent bodily harm.
181     Section 5.  Subsection (1) of section 985.245, Florida
182Statutes, is amended to read:
183     985.245  Risk assessment instrument.--
184     (1)  All determinations and court orders regarding
185placement of a child into detention care shall comply with all
186requirements and criteria provided in this part and shall be
187based on a risk assessment of the child, unless the child is
188placed into detention care as provided in s. 985.255(2) or s.
189985.28.
190     Section 6.  Paragraph (b) of subsection (1) of section
191985.25, Florida Statutes, is amended to read:
192     985.25  Detention intake.--
193     (1)  The juvenile probation officer shall receive custody
194of a child who has been taken into custody from the law
195enforcement agency and shall review the facts in the law
196enforcement report or probable cause affidavit and make such
197further inquiry as may be necessary to determine whether
198detention care is required.
199     (b)  The juvenile probation officer shall base the decision
200whether or not to place the child into secure detention care,
201home detention care, or nonsecure detention care on an
202assessment of risk in accordance with the risk assessment
203instrument and procedures developed by the department under s.
204985.245. However, a child shall be placed in secure detention
205care if:
206     1.  The child is charged with possessing or discharging a
207firearm on school property in violation of s. 790.115;
208     2.  The child is alleged to have absconded from home or
209nonsecure detention care or the child otherwise violates the
210terms of release after adjudication and commitment to the
211department but before placement in a residential facility; or
212     3.  There is probable cause to believe the child has
213committed a new violation of law while on home or nonsecure
214detention care after adjudication and commitment but before
215placement in a residential facility shall be placed in secure
216detention care.
217
218Under no circumstances shall the juvenile probation officer or
219the state attorney or law enforcement officer authorize the
220detention of any child in a jail or other facility intended or
221used for the detention of adults, without an order of the court.
222     Section 7.  Subsections (1) and (3) of section 985.255,
223Florida Statutes, are amended to read:
224     985.255  Detention criteria; detention hearing.--
225     (1)  Subject to s. 985.25(1), a child taken into custody
226and placed into nonsecure or home detention care or detained in
227secure detention care prior to a detention hearing may continue
228to be detained by the court if:
229     (a)  The child is alleged to have absconded from home or
230nonsecure detention care or otherwise violates the terms of
231release after adjudication and commitment but while awaiting
232placement in a residential facility.
233     (b)  There is probable cause to believe the child has
234committed a new violation of law while on home or nonsecure
235detention care after adjudication and commitment but while
236awaiting placement in a residential facility.
237     (c)(a)  The child is alleged to be an escapee from a
238residential commitment program; or an absconder from a
239nonresidential commitment program, a probation program, or
240conditional release supervision; or is alleged to have escaped
241while being lawfully transported to or from a residential
242commitment program.
243     (d)(b)  The child is wanted in another jurisdiction for an
244offense which, if committed by an adult, would be a felony.
245     (e)(c)  The child is charged with a delinquent act or
246violation of law and requests in writing through legal counsel
247to be detained for protection from an imminent physical threat
248to his or her personal safety.
249     (f)(d)  The child is charged with committing an offense of
250domestic violence as defined in s. 741.28 and is detained as
251provided in subsection (2).
252     (g)(e)  The child is charged with possession or discharging
253a firearm on school property in violation of s. 790.115.
254     (h)(f)  The child is charged with a capital felony, a life
255felony, a felony of the first degree, a felony of the second
256degree that does not involve a violation of chapter 893, or a
257felony of the third degree that is also a crime of violence,
258including any such offense involving the use or possession of a
259firearm.
260     (i)(g)  The child is charged with any second degree or
261third degree felony involving a violation of chapter 893 or any
262third degree felony that is not also a crime of violence, and
263the child:
264     1.  Has a record of failure to appear at court hearings
265after being properly notified in accordance with the Rules of
266Juvenile Procedure;
267     2.  Has a record of law violations prior to court hearings;
268     3.  Has already been detained or has been released and is
269awaiting final disposition of the case;
270     4.  Has a record of violent conduct resulting in physical
271injury to others; or
272     5.  Is found to have been in possession of a firearm.
273     (j)(h)  The child is alleged to have violated the
274conditions of the child's probation or conditional release
275supervision. However, a child detained under this paragraph may
276be held only in a consequence unit as provided in s. 985.439. If
277a consequence unit is not available, the child may be placed in
278secure detention care, home detention care, or home detention
279care with electronic monitoring shall be placed on home
280detention with electronic monitoring.
281     (k)(i)  The child is detained on a judicial order for
282failure to appear and has previously willfully failed to appear,
283after proper notice, for an adjudicatory hearing on the same
284case regardless of the results of the risk assessment
285instrument. A child may be held in secure detention for up to 72
286hours in advance of the next scheduled court hearing pursuant to
287this paragraph. The child's failure to keep the clerk of court
288and defense counsel informed of a current and valid mailing
289address where the child will receive notice to appear at court
290proceedings does not provide an adequate ground for excusal of
291the child's nonappearance at the hearings.
292     (l)(j)  The child is detained on a judicial order for
293failure to appear and has previously willfully failed to appear,
294after proper notice, at two or more court hearings of any nature
295on the same case regardless of the results of the risk
296assessment instrument. A child may be held in secure detention
297for up to 72 hours in advance of the next scheduled court
298hearing pursuant to this paragraph. The child's failure to keep
299the clerk of court and defense counsel informed of a current and
300valid mailing address where the child will receive notice to
301appear at court proceedings does not provide an adequate ground
302for excusal of the child's nonappearance at the hearings.
303     (3)(a)  A child who meets any of the criteria in subsection
304(1) and who is ordered to be detained under that subsection
305shall be given a hearing within 24 hours after being taken into
306custody. The purpose of the detention hearing is to determine
307the existence of probable cause that the child has committed the
308delinquent act or violation of law that he or she is charged
309with and the need for continued detention. Unless a child is
310detained under paragraph (1)(a), paragraph (1)(b), paragraph
311(1)(f)(d), or paragraph (1)(g)(e), the court shall use the
312results of the risk assessment performed by the juvenile
313probation officer and, based on the criteria in subsection (1),
314shall determine the need for continued detention. A child placed
315into secure, nonsecure, or home detention care may continue to
316be so detained by the court. A child detained under paragraph
317(1)(a) or paragraph (1)(b) may be placed into secure detention
318care pending placement in a residential facility.
319     (c)  Except as provided in paragraph (1)(a), paragraph
320(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
321into secure or nonsecure detention care, or into a respite home
322or other placement pursuant to a court order following a
323hearing, the court order must include specific instructions that
324direct the release of the child from such placement no later
325than 5 p.m. on the last day of the detention period specified in
326s. 985.26 or s. 985.27, whichever is applicable, unless the
327requirements of such applicable provision have been met or an
328order of continuance has been granted under s. 985.26(4).
329     Section 8.  Section 985.26, Florida Statutes, is amended to
330read:
331     985.26  Length of detention.--
332     (1)  A child may not be placed into or held in secure,
333nonsecure, or home detention care for longer than 24 hours
334unless the court orders such detention care, and the order
335includes specific instructions that direct the release of the
336child from such detention care, in accordance with s. 985.255.
337The order shall be a final order, reviewable by appeal under s.
338985.534 and the Florida Rules of Appellate Procedure. Appeals of
339such orders shall take precedence over other appeals and other
340pending matters.
341     (2)  A child may not be held in secure, nonsecure, or home
342detention care under a special detention order for more than 21
343days unless an adjudicatory hearing for the case has been
344commenced in good faith by the court. However, upon good cause
345being shown that the nature of the charge requires additional
346time for the prosecution or defense of the case, the court may
347extend the length of detention for an additional 9 days if the
348child is charged with an offense that would be, if committed by
349an adult, a capital felony, a life felony, a felony of the first
350degree, or a felony of the second degree involving violence
351against any individual. For purposes of this subsection, if a
352child is released, the child must comply with all conditions of
353preadjudicatory release set by the circuit court.
354     (3)  Except as provided in subsection (2), a child may not
355be held in secure, nonsecure, or home detention care for more
356than 15 days following the entry of an order of adjudication.
357     (4)  The time limits in subsections (2) and (3) do not
358include periods of delay resulting from a continuance granted by
359the court for cause on motion of the child or his or her counsel
360or of the state. Upon the issuance of an order granting a
361continuance for cause on a motion by either the child, the
362child's counsel, or the state, the court shall conduct a hearing
363at the end of each 72-hour period, excluding Saturdays, Sundays,
364and legal holidays, to determine the need for continued
365detention of the child and the need for further continuance of
366proceedings for the child or the state.
367     (5)  The time limits required under this section do not
368apply to children held in secure detention care pursuant to ss.
369985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28.
370     (6)(5)  A child who was not in secure detention care at the
371time of the adjudicatory hearing, but for whom residential
372commitment is anticipated or recommended, may be placed under a
373special detention order for a period not to exceed 72 hours,
374excluding weekends and legal holidays, for the purpose of
375conducting a comprehensive evaluation as provided in s. 985.185.
376Motions for the issuance of such special detention order may be
377made subsequent to a finding of delinquency. Upon said motion,
378the court shall conduct a hearing to determine the
379appropriateness of such special detention order and shall order
380the least restrictive level of detention care necessary to
381complete the comprehensive evaluation process that is consistent
382with public safety. Such special detention order may be extended
383for an additional 72 hours upon further order of the court.
384     (7)(6)  If a child is detained and a petition for
385delinquency is filed, the child shall be arraigned in accordance
386with the Florida Rules of Juvenile Procedure within 48 hours
387after the filing of the petition for delinquency.
388     Section 9.  Subsection (1) of section 985.265, Florida
389Statutes, is amended to read:
390     985.265  Detention transfer and release; education; adult
391jails.--
392     (1)  If a child is detained under this part, the department
393may transfer the child from nonsecure or home detention care to
394secure detention care only if significantly changed
395circumstances warrant such transfer. Such circumstances include,
396but are not necessarily limited to:
397     (a)  Where a child is alleged to have absconded from home
398or nonsecure detention care or otherwise violates the terms of
399release after adjudication and commitment but while awaiting
400placement in a residential facility; or
401     (b)  Where probable cause exists that a child has committed
402a new violation of law while on home or nonsecure detention care
403after adjudication and commitment but while awaiting placement
404in a residential facility.
405     Section 10.  Subsection (1) of section 985.27, Florida
406Statutes, is amended to read:
407     985.27  Postcommitment detention while awaiting
408placement.--
409     (1)  The court must place all children who are adjudicated
410and awaiting placement in a commitment program in secure
411detention care, home detention care, or nonsecure detention
412care. Children who are in home detention care or nonsecure
413detention care may be placed on electronic monitoring.
414     (a)  A child who is awaiting placement in a low-risk
415residential program must be removed from detention within 5
416days, excluding Saturdays, Sundays, and legal holidays. Any
417child held in secure detention during the 5 days must meet
418detention admission criteria under this part. A child who is
419placed in home detention care, nonsecure detention care, or home
420or nonsecure detention care with electronic monitoring, while
421awaiting placement in a minimum-risk or low-risk program, may be
422held in secure detention care for 5 days, if the child violates
423the conditions of the home detention care, the nonsecure
424detention care, or the electronic monitoring agreement. For any
425subsequent violation, the court may impose an additional 15 5
426days, excluding Saturdays, Sundays, and legal holidays, in
427secure detention care.
428     (b)1.  A child who is awaiting placement in a moderate-risk
429residential program must be placed in secure detention care,
430home detention care, or nonsecure detention care. Any child held
431in secure detention care must meet detention admission criteria
432under this part.
433     2.  A child may not be held in secure detention care longer
434than 15 days, excluding Saturdays, Sundays, and legal holidays,
435while awaiting placement in a moderate-risk residential
436facility, except that any child shall be held in secure
437detention care until placed in a residential facility if:
438     a.  The child is alleged to have absconded from home
439detention care or nonsecure detention care or otherwise violated
440the terms of release or electronic monitoring; or
441     b.  Probable cause exists that a child committed a new
442violation of law while on home detention care, nonsecure
443detention care, or electronic monitoring and the child is
444awaiting placement in a residential program. A child who is
445awaiting placement in a moderate-risk residential program must
446be removed from detention within 5 days, excluding Saturdays,
447Sundays, and legal holidays. Any child held in secure detention
448during the 5 days must meet detention admission criteria under
449this part. The department may seek an order from the court
450authorizing continued detention for a specific period of time
451necessary for the appropriate residential placement of the
452child. However, such continued detention in secure detention
453care may not exceed 15 days after entry of the commitment order,
454excluding Saturdays, Sundays, and legal holidays, and except as
455otherwise provided in this section. A child who is placed in
456home detention care, nonsecure detention care, or home or
457nonsecure detention care with electronic monitoring, while
458awaiting placement in a moderate-risk program, may be held in
459secure detention care for 5 days, if the child violates the
460conditions of the home detention care, the nonsecure detention
461care, or the electronic monitoring agreement. For any subsequent
462violation, the court may impose an additional 5 days in secure
463detention care.
464     (c)  If the child is committed to a high-risk residential
465program, the child must be held in secure detention care until
466placement or commitment is accomplished.
467     (d)  If the child is committed to a maximum-risk
468residential program, the child must be held in secure detention
469care until placement or commitment is accomplished.
470     Section 11.  Section 985.28, Florida Statutes, is created
471to read:
472     985.28  Appearance in court; preadjudicatory detention;
473contempt.--
474     (1)  A child may be held in secure detention care if, after
475proper notice, the child fails to appear in court because the
476child refuses to appear, runs away, or otherwise intentionally
477avoids his or her appearance. The court may hold the child in
478secure detention care until the trial concludes, regardless of
479the results of the risk assessment instrument.
480     (2)  A parent or legal guardian, after being properly
481noticed, who knowingly and willfully fails to bring or otherwise
482prevents a child from appearing for trial may be held in
483contempt of court.
484     Section 12.  Subsection (1) of section 985.35, Florida
485Statutes, is amended to read:
486     985.35  Adjudicatory hearings; withheld adjudications;
487orders of adjudication.--
488     (1)  The adjudicatory hearing must be held as soon as
489practicable after the petition alleging that a child has
490committed a delinquent act or violation of law is filed and in
491accordance with the Florida Rules of Juvenile Procedure; but
492reasonable delay for the purpose of investigation, discovery, or
493procuring counsel or witnesses shall be granted. If the child is
494being detained, the time limitations in s. 985.26(2) and (3)
495apply.
496     Section 13.  Paragraph (c) of subsection (1) of section
497985.43, Florida Statutes, is amended, and subsection (4) is
498added to that section, to read:
499     985.43  Predisposition reports; other evaluations.--
500     (1)  Upon a finding that the child has committed a
501delinquent act:
502     (c)  A child who was not in secure detention at the time of
503the adjudicatory hearing, but for whom residential commitment is
504anticipated or recommended, may be placed under a special
505detention order, as provided in s. 985.26(6)(5), for the purpose
506of conducting a comprehensive evaluation.
507     (4)  The Legislature finds that the court is in the best
508position to weigh all facts and circumstances to determine
509whether or not to commit a juvenile to the department and to
510determine the most appropriate restrictiveness level for a
511juvenile committed to the department.
512     Section 14.  Paragraphs (a) and (b) of subsection (7) of
513section 985.433, Florida Statutes, are amended to read:
514     985.433  Disposition hearings in delinquency cases.--When a
515child has been found to have committed a delinquent act, the
516following procedures shall be applicable to the disposition of
517the case:
518     (7)  If the court determines that the child should be
519adjudicated as having committed a delinquent act and should be
520committed to the department, such determination shall be in
521writing or on the record of the hearing. The determination shall
522include a specific finding of the reasons for the decision to
523adjudicate and to commit the child to the department, including
524any determination that the child was a member of a criminal
525gang.
526     (a)  The juvenile probation officer shall make a
527recommendation to the court concerning placement and any
528proposed treatment plan recommend to the court the most
529appropriate placement and treatment plan, specifically
530identifying the restrictiveness level most appropriate for the
531child. If the court has determined that the child was a member
532of a criminal gang, that determination shall be given great
533weight in identifying the most appropriate restrictiveness level
534for the child. The court shall consider the department's
535recommendation in making its commitment decision.
536     (b)  The court may shall commit the child to the department
537at the restrictiveness level identified by the department, or
538the court may order placement at a different restrictiveness
539level. The court may determine the disposition on the same
540factors as the department considered in the department's
541predisposition report and placement recommendation even if the
542court reaches a different conclusion. The court may commit the
543child to a different restrictiveness level than recommended by
544the department. The court shall state for the record the reasons
545for the disposition imposed that establish by a preponderance of
546the evidence why the court is disregarding the assessment of the
547child and the restrictiveness level recommended by the
548department. Any party may appeal the court's findings resulting
549in a modified level of restrictiveness under this paragraph. The
550department shall maintain data to identify the extent to which
551the courts agree with the department's recommendation.
552     Section 15.  Subsection (2) of section 985.439, Florida
553Statutes, is amended to read:
554     985.439  Violation of probation or postcommitment
555probation.--
556     (2)  A child taken into custody under s. 985.101 for
557violating the conditions of probation or postcommitment
558probation shall be held in a consequence unit if such a unit is
559available or may be detained under part V in a facility other
560than a consequence unit if one is not available. The child shall
561be afforded a hearing within 24 hours after being taken into
562custody to determine the existence of probable cause that the
563child violated the conditions of probation or postcommitment
564probation. A consequence unit is a secure facility specifically
565designated by the department for children who are taken into
566custody under s. 985.101 for violating probation or
567postcommitment probation, or who have been found by the court to
568have violated the conditions of probation or postcommitment
569probation. If the violation involves a new charge of
570delinquency, the child may be detained under part V in a
571facility other than a consequence unit. If the child is not
572eligible for detention for the new charge of delinquency, the
573child may be held in the consequence unit pending a hearing and
574is subject to the time limitations specified in part V.
575     Section 16.  Section 938.20, Florida Statutes, is created
576to read:
577     938.20  County juvenile crime prevention fund.--
578     (1)  Notwithstanding s. 318.121, and in addition to ss.
579938.19 and 939.185, in each county the board of county
580commissioners may adopt a mandatory court cost to be assessed in
581specific cases by incorporating by reference the provisions of
582this section in a county ordinance. Assessments collected by the
583clerk of the circuit court under this section shall be deposited
584into an account specifically for the administration of the
585county's juvenile crime prevention fund. The proceeds of the
586county's juvenile crime prevention fund shall only be used to
587fund local programs whose principal focus is the prevention of
588juvenile crime, the creation of consequence or suspension
589centers, and truancy programs and such other areas of local
590concern relating to juvenile crime.
591     (2)  A sum of up to $50 shall be assessed as a court cost
592in the circuit court in the county against each juvenile who
593pleads guilty or nolo contendere to, or is found guilty of,
594regardless of adjudication, a delinquent act.
595     (3)  The assessment for court costs under this section
596shall be assessed in addition to any other cost or fee and may
597not be deducted from the proceeds of any other cost that is
598received by the county.
599     (4)(a)  The clerk of the circuit court shall collect the
600assessments for court costs under this section and shall remit
601the assessments to the county's juvenile crime prevention fund
602monthly.
603     (b)  The clerk of the circuit court shall withhold 3
604percent of the assessments collected, which shall be retained as
605fee income of the office of the clerk of the circuit court.
606     (5)  A county's juvenile crime prevention fund must account
607for all funds received and disbursed under this section in a
608written report to the board of county commissioners of that
609county. The report must be given to the commissioners by August
6101 of each year unless a different date is required by the
611commissioners.
612     (6)  A county's juvenile crime prevention fund may be
613administered by a nonprofit organization, a law enforcement
614agency, the court administrator, the clerk of the circuit court,
615a county agency, or another similar agency authorized by the
616board of county commissioners of that county.
617     Section 17.  Subsection (8) of section 790.22, Florida
618Statutes, is amended to read:
619     790.22  Use of BB guns, air or gas-operated guns, or
620electric weapons or devices by minor under 16; limitation;
621possession of firearms by minor under 18 prohibited;
622penalties.--
623     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
624under 18 years of age is charged with an offense that involves
625the use or possession of a firearm, as defined in s. 790.001,
626including a violation of subsection (3), or is charged for any
627offense during the commission of which the minor possessed a
628firearm, the minor shall be detained in secure detention, unless
629the state attorney authorizes the release of the minor, and
630shall be given a hearing within 24 hours after being taken into
631custody. At the hearing, the court may order that the minor
632continue to be held in secure detention in accordance with the
633applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
634the court finds that the minor meets the criteria specified in
635s. 985.255, or if the court finds by clear and convincing
636evidence that the minor is a clear and present danger to himself
637or herself or the community. The Department of Juvenile Justice
638shall prepare a form for all minors charged under this
639subsection that states the period of detention and the relevant
640demographic information, including, but not limited to, the sex,
641age, and race of the minor; whether or not the minor was
642represented by private counsel or a public defender; the current
643offense; and the minor's complete prior record, including any
644pending cases. The form shall be provided to the judge to be
645considered when determining whether the minor should be
646continued in secure detention under this subsection. An order
647placing a minor in secure detention because the minor is a clear
648and present danger to himself or herself or the community must
649be in writing, must specify the need for detention and the
650benefits derived by the minor or the community by placing the
651minor in secure detention, and must include a copy of the form
652provided by the department. The Department of Juvenile Justice
653must send the form, including a copy of any order, without
654client-identifying information, to the Office of Economic and
655Demographic Research.
656     Section 18.  The Legislature determines and declares that
657this act fulfills an important state interest.
658     Section 19.  This act shall take effect July 1, 2009.


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