Florida Senate - 2010                                    SB 2004
       
       
       
       By Senator Dean
       
       
       
       
       3-00588-10                                            20102004__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; creating s.
    3         985.031, F.S.; authorizing the court to set reasonable
    4         conditions of preadjudicatory release for children
    5         charged with specified acts or who have previously
    6         been charged with or committed delinquent acts;
    7         providing examples of such conditions; amending s.
    8         985.101, F.S.; permitting a child to be taken into
    9         custody for violations of preadjudicatory release
   10         conditions; providing that a child taken into custody
   11         for a violation of preadjudicatory release conditions
   12         must appear before a judge within 24 hours; amending
   13         s. 985.24, F.S.; providing an additional finding to
   14         support the use of secure, nonsecure, or home
   15         detention care; amending s. 985.245, F.S.; providing
   16         that placement in detention care under a specified
   17         provision does not require a risk assessment; amending
   18         s. 985.25, F.S.; providing additional grounds for
   19         placement of a child in secure detention care;
   20         amending s. 985.255, F.S.; providing for continuing
   21         home or nonsecure detention care or secure detention
   22         care prior to a detention hearing in certain
   23         circumstances; amending s. 985.26, F.S.; requiring
   24         that children who have been released comply with
   25         preadjudicatory release conditions; providing that
   26         certain time limits do not apply to secure detention
   27         under specified provisions; amending s. 985.265, F.S.;
   28         specifying some changed circumstances that permit the
   29         Department of Juvenile Justice to transfer a child
   30         from nonsecure or home detention care to secure
   31         detention care; amending s. 985.27, F.S.; specifying
   32         circumstances under which a child who is awaiting
   33         placement in a low-risk or minimum-risk residential
   34         program may be held in secure detention care;
   35         providing time limits on such detention care;
   36         providing for secure detention care for absconders
   37         from specified types of care; revising provisions for
   38         detention care of a child awaiting placement in a
   39         moderate-risk residential program; providing for
   40         secure detention care in specified circumstances;
   41         creating s. 985.28, F.S.; providing for secure
   42         detention of a child in specified circumstances;
   43         permitting a parent or legal guardian of a child to be
   44         held in contempt of court if he or she knowingly and
   45         willfully fails to bring or otherwise prevents the
   46         child from appearing for trial; amending s. 985.35,
   47         F.S.; conforming a cross-reference to changes made by
   48         the act; amending s. 985.43, F.S.; conforming a cross
   49         reference to changes made by the act; providing a
   50         legislative declaration concerning the determination
   51         whether to commit a juvenile to the department and the
   52         most appropriate placement level if the juvenile is
   53         committed; amending s. 985.433, F.S.; revising
   54         provisions relating to recommendations by probation
   55         officers to the court concerning placement and any
   56         proposed treatment plan of juveniles; specifying that
   57         the court has the power to determine appropriate
   58         dispositions; requiring that reasons for a disposition
   59         be stated for the record; amending s. 985.439, F.S.;
   60         permitting a child to be detained in a facility other
   61         than a consequence unit if one is not available for a
   62         violation of probation or postcommitment probation
   63         under specified provisions; creating s. 938.20, F.S.;
   64         permitting each county to create a juvenile crime
   65         prevention fund; providing for an additional court
   66         cost; providing that no juvenile shall be assessed the
   67         additional court cost if the juvenile and the
   68         juvenile’s parents or other legal guardian are found
   69         to be indigent; providing for administration and use
   70         of funds; amending s. 790.22, F.S.; conforming a
   71         cross-reference; providing that the act fulfills an
   72         important state interest; providing legislative
   73         intent; providing an effective date.
   74  
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Section 985.031, Florida Statutes, is created to
   78  read:
   79         985.031Preadjudicatory release; circuit court authority.
   80  The circuit court shall have the authority to set reasonable
   81  conditions of preadjudicatory release for a child charged with
   82  the commission of a delinquent act that constitutes a felony or
   83  when the child has previously been charged with or found to have
   84  committed, regardless of adjudication, a delinquent act. The
   85  child shall comply with all such preadjudicatory release
   86  conditions prior to an adjudicatory hearing. Reasonable
   87  conditions of preadjudicatory release may include, but are not
   88  limited to, the following:
   89         (1) The child shall not engage in a violation of law.
   90         (2) The child shall not possess or carry any weapon.
   91         (3) The child shall not possess or use any alcoholic
   92  beverage or illegal drug or associate with those who are
   93  currently possessing or using any alcoholic beverage or illegal
   94  drug.
   95         (4) The child shall obey all reasonable household rules.
   96         (5) The child shall attend school regularly, including all
   97  classes.
   98         (6) The child shall abide by the curfew set by his or her
   99  parents or guardians, or as set by the court.
  100         (7) The child shall have no contact with any codefendants,
  101  an alleged victim, or the family of any alleged victim.
  102         (8) The child shall not return to the scene of the alleged
  103  crime, unless approved by the court.
  104         Section 2. Paragraph (d) of subsection (1) of section
  105  985.101, Florida Statutes, is amended, and subsection (5) is
  106  added to that section, to read:
  107         985.101 Taking a child into custody; preadjudicatory
  108  release conditions.—
  109         (1) A child may be taken into custody under the following
  110  circumstances:
  111         (d) By a law enforcement officer who has probable cause to
  112  believe that the child is in violation of the conditions of the
  113  child’s preadjudicatory release, conditions of the child’s
  114  probation, home detention, postcommitment probation, or
  115  conditional release supervision; has absconded from
  116  nonresidential commitment; or has escaped from residential
  117  commitment.
  118  
  119  Nothing in this subsection shall be construed to allow the
  120  detention of a child who does not meet the detention criteria in
  121  part V.
  122         (5) If a child is taken into custody under paragraph (1)(d)
  123  for a violation of the conditions of preadjudicatory release,
  124  the child must appear before a judge within 24 hours.
  125         Section 3. Subsection (1) of section 985.24, Florida
  126  Statutes, is amended to read:
  127         985.24 Use of detention; prohibitions.—
  128         (1) All determinations and court orders regarding the use
  129  of secure, nonsecure, or home detention care shall be based
  130  primarily upon findings that the child:
  131         (a) Presents a substantial risk of not appearing at a
  132  subsequent hearing;
  133         (b) Presents a substantial risk of inflicting bodily harm
  134  on others as evidenced by recent behavior;
  135         (c) Presents a history of committing a property offense
  136  prior to adjudication, disposition, or placement;
  137         (d) Has been adjudicated delinquent and committed to the
  138  department in a residential facility, but is on home or
  139  nonsecure detention care while awaiting placement, and:
  140         1. Absconds from home or nonsecure detention care or
  141  otherwise violates the terms of release; or
  142         2. There is probable cause to believe that the child has
  143  committed a new violation of law;
  144         (e)(d) Has committed contempt of court by:
  145         1. Intentionally disrupting the administration of the
  146  court;
  147         2. Intentionally disobeying a court order; or
  148         3. Engaging in a punishable act or speech in the court’s
  149  presence which shows disrespect for the authority and dignity of
  150  the court; or
  151         (f)(e) Requests protection from imminent bodily harm.
  152         Section 4. Subsection (1) of section 985.245, Florida
  153  Statutes, is amended to read:
  154         985.245 Risk assessment instrument.—
  155         (1) All determinations and court orders regarding placement
  156  of a child into detention care shall comply with all
  157  requirements and criteria provided in this part and shall be
  158  based on a risk assessment of the child, unless the child is
  159  placed into detention care as provided in s. 985.255(2) or s.
  160  985.28.
  161         Section 5. Paragraph (b) of subsection (1) of section
  162  985.25, Florida Statutes, is amended to read:
  163         985.25 Detention intake.—
  164         (1) The juvenile probation officer shall receive custody of
  165  a child who has been taken into custody from the law enforcement
  166  agency and shall review the facts in the law enforcement report
  167  or probable cause affidavit and make such further inquiry as may
  168  be necessary to determine whether detention care is required.
  169         (b) The juvenile probation officer shall base the decision
  170  whether or not to place the child into secure detention care,
  171  home detention care, or nonsecure detention care on an
  172  assessment of risk in accordance with the risk assessment
  173  instrument and procedures developed by the department under s.
  174  985.245. However, a child shall be placed in secure detention
  175  care if:
  176         1. The child is charged with possessing or discharging a
  177  firearm on school property in violation of s. 790.115;
  178         2. The child is alleged to have absconded from home or
  179  nonsecure detention care or the child otherwise violates the
  180  terms of release after adjudication and commitment to the
  181  department but before placement in a residential facility; or
  182         3. There is probable cause to believe the child has
  183  committed a new violation of law while on home or nonsecure
  184  detention care after adjudication and commitment but before
  185  placement in a residential facility shall be placed in secure
  186  detention care.
  187  
  188  Under no circumstances shall the juvenile probation officer or
  189  the state attorney or law enforcement officer authorize the
  190  detention of any child in a jail or other facility intended or
  191  used for the detention of adults, without an order of the court.
  192         Section 6. Subsections (1) and (3) of section 985.255,
  193  Florida Statutes, are amended to read:
  194         985.255 Detention criteria; detention hearing.—
  195         (1) Subject to s. 985.25(1), a child taken into custody and
  196  placed into nonsecure or home detention care or detained in
  197  secure detention care prior to a detention hearing may continue
  198  to be detained by the court if:
  199         (a) The child is alleged to have absconded from home or
  200  nonsecure detention care or otherwise violates the terms of
  201  release after adjudication and commitment but while awaiting
  202  placement in a residential facility.
  203         (b) There is probable cause to believe the child has
  204  committed a new violation of law while on home or nonsecure
  205  detention care after adjudication and commitment but while
  206  awaiting placement in a residential facility.
  207         (c)(a) The child is alleged to be an escapee from a
  208  residential commitment program; or an absconder from a
  209  nonresidential commitment program, a probation program, or
  210  conditional release supervision; or is alleged to have escaped
  211  while being lawfully transported to or from a residential
  212  commitment program.
  213         (d)(b) The child is wanted in another jurisdiction for an
  214  offense which, if committed by an adult, would be a felony.
  215         (e)(c) The child is charged with a delinquent act or
  216  violation of law and requests in writing through legal counsel
  217  to be detained for protection from an imminent physical threat
  218  to his or her personal safety.
  219         (f)(d) The child is charged with committing an offense of
  220  domestic violence as defined in s. 741.28 and is detained as
  221  provided in subsection (2).
  222         (g)(e) The child is charged with possession or discharging
  223  a firearm on school property in violation of s. 790.115.
  224         (h)(f) The child is charged with a capital felony, a life
  225  felony, a felony of the first degree, a felony of the second
  226  degree that does not involve a violation of chapter 893, or a
  227  felony of the third degree that is also a crime of violence,
  228  including any such offense involving the use or possession of a
  229  firearm.
  230         (i)(g) The child is charged with any second degree or third
  231  degree felony involving a violation of chapter 893 or any third
  232  degree felony that is not also a crime of violence, and the
  233  child:
  234         1. Has a record of failure to appear at court hearings
  235  after being properly notified in accordance with the Rules of
  236  Juvenile Procedure;
  237         2. Has a record of law violations prior to court hearings;
  238         3. Has already been detained or has been released and is
  239  awaiting final disposition of the case;
  240         4. Has a record of violent conduct resulting in physical
  241  injury to others; or
  242         5. Is found to have been in possession of a firearm.
  243         (j)(h) The child is alleged to have violated the conditions
  244  of the child’s probation or conditional release supervision.
  245  However, a child detained under this paragraph may be held only
  246  in a consequence unit as provided in s. 985.439. If a
  247  consequence unit is not available, the child may be placed in
  248  secure detention care, home detention care, or home detention
  249  care with electronic monitoring shall be placed on home
  250  detention with electronic monitoring.
  251         (k)(i) The child is detained on a judicial order for
  252  failure to appear and has previously willfully failed to appear,
  253  after proper notice, for an adjudicatory hearing on the same
  254  case regardless of the results of the risk assessment
  255  instrument. A child may be held in secure detention for up to 72
  256  hours in advance of the next scheduled court hearing pursuant to
  257  this paragraph. The child’s failure to keep the clerk of court
  258  and defense counsel informed of a current and valid mailing
  259  address where the child will receive notice to appear at court
  260  proceedings does not provide an adequate ground for excusal of
  261  the child’s nonappearance at the hearings.
  262         (l)(j) The child is detained on a judicial order for
  263  failure to appear and has previously willfully failed to appear,
  264  after proper notice, at two or more court hearings of any nature
  265  on the same case regardless of the results of the risk
  266  assessment instrument. A child may be held in secure detention
  267  for up to 72 hours in advance of the next scheduled court
  268  hearing pursuant to this paragraph. The child’s failure to keep
  269  the clerk of court and defense counsel informed of a current and
  270  valid mailing address where the child will receive notice to
  271  appear at court proceedings does not provide an adequate ground
  272  for excusal of the child’s nonappearance at the hearings.
  273         (3)(a) A child who meets any of the criteria in subsection
  274  (1) and who is ordered to be detained under that subsection
  275  shall be given a hearing within 24 hours after being taken into
  276  custody. The purpose of the detention hearing is to determine
  277  the existence of probable cause that the child has committed the
  278  delinquent act or violation of law that he or she is charged
  279  with and the need for continued detention. Unless a child is
  280  detained under paragraph (1)(a), paragraph (1)(b), paragraph
  281  (1)(f)(d), or paragraph (1)(g)(e), the court shall use the
  282  results of the risk assessment performed by the juvenile
  283  probation officer and, based on the criteria in subsection (1),
  284  shall determine the need for continued detention. A child placed
  285  into secure, nonsecure, or home detention care may continue to
  286  be so detained by the court. A child detained under paragraph
  287  (1)(a) or paragraph (1)(b) may be placed into secure detention
  288  care pending placement in a residential facility.
  289         (c) Except as provided in paragraph (1)(a), paragraph
  290  (1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
  291  into secure or nonsecure detention care, or into a respite home
  292  or other placement pursuant to a court order following a
  293  hearing, the court order must include specific instructions that
  294  direct the release of the child from such placement no later
  295  than 5 p.m. on the last day of the detention period specified in
  296  s. 985.26 or s. 985.27, whichever is applicable, unless the
  297  requirements of such applicable provision have been met or an
  298  order of continuance has been granted under s. 985.26(4).
  299         Section 7. Section 985.26, Florida Statutes, is amended to
  300  read:
  301         985.26 Length of detention.—
  302         (1) A child may not be placed into or held in secure,
  303  nonsecure, or home detention care for longer than 24 hours
  304  unless the court orders such detention care, and the order
  305  includes specific instructions that direct the release of the
  306  child from such detention care, in accordance with s. 985.255.
  307  The order shall be a final order, reviewable by appeal under s.
  308  985.534 and the Florida Rules of Appellate Procedure. Appeals of
  309  such orders shall take precedence over other appeals and other
  310  pending matters.
  311         (2) A child may not be held in secure, nonsecure, or home
  312  detention care under a special detention order for more than 21
  313  days unless an adjudicatory hearing for the case has been
  314  commenced in good faith by the court. However, upon good cause
  315  being shown that the nature of the charge requires additional
  316  time for the prosecution or defense of the case, the court may
  317  extend the length of detention for an additional 9 days if the
  318  child is charged with an offense that would be, if committed by
  319  an adult, a capital felony, a life felony, a felony of the first
  320  degree, or a felony of the second degree involving violence
  321  against any individual. For purposes of this subsection, if a
  322  child is released, the child must comply with all conditions of
  323  preadjudicatory release set by the circuit court.
  324         (3) Except as provided in subsection (2), a child may not
  325  be held in secure, nonsecure, or home detention care for more
  326  than 15 days following the entry of an order of adjudication.
  327         (4) The time limits in subsections (2) and (3) do not
  328  include periods of delay resulting from a continuance granted by
  329  the court for cause on motion of the child or his or her counsel
  330  or of the state. Upon the issuance of an order granting a
  331  continuance for cause on a motion by either the child, the
  332  child’s counsel, or the state, the court shall conduct a hearing
  333  at the end of each 72-hour period, excluding Saturdays, Sundays,
  334  and legal holidays, to determine the need for continued
  335  detention of the child and the need for further continuance of
  336  proceedings for the child or the state.
  337         (5) The time limits required under this section do not
  338  apply to children held in secure detention care pursuant to ss.
  339  985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28.
  340         (6)(5) A child who was not in secure detention care at the
  341  time of the adjudicatory hearing, but for whom residential
  342  commitment is anticipated or recommended, may be placed under a
  343  special detention order for a period not to exceed 72 hours,
  344  excluding weekends and legal holidays, for the purpose of
  345  conducting a comprehensive evaluation as provided in s. 985.185.
  346  Motions for the issuance of such special detention order may be
  347  made subsequent to a finding of delinquency. Upon said motion,
  348  the court shall conduct a hearing to determine the
  349  appropriateness of such special detention order and shall order
  350  the least restrictive level of detention care necessary to
  351  complete the comprehensive evaluation process that is consistent
  352  with public safety. Such special detention order may be extended
  353  for an additional 72 hours upon further order of the court.
  354         (7)(6) If a child is detained and a petition for
  355  delinquency is filed, the child shall be arraigned in accordance
  356  with the Florida Rules of Juvenile Procedure within 48 hours
  357  after the filing of the petition for delinquency.
  358         Section 8. Subsection (1) of section 985.265, Florida
  359  Statutes, is amended to read:
  360         985.265 Detention transfer and release; education; adult
  361  jails.—
  362         (1) If a child is detained under this part, the department
  363  may transfer the child from nonsecure or home detention care to
  364  secure detention care only if significantly changed
  365  circumstances warrant such transfer. Such circumstances include,
  366  but are not limited to:
  367         (a) Where a child is alleged to have absconded from home or
  368  nonsecure detention care or otherwise violates the terms of
  369  release after adjudication and commitment but while awaiting
  370  placement in a residential facility; or
  371         (b) Where probable cause exists that a child has committed
  372  a new violation of law while on home or nonsecure detention care
  373  after adjudication and commitment but while awaiting placement
  374  in a residential facility.
  375         Section 9. Subsection (1) of section 985.27, Florida
  376  Statutes, is amended to read:
  377         985.27 Postcommitment detention while awaiting placement.—
  378         (1) The court must place all children who are adjudicated
  379  and awaiting placement in a commitment program in secure
  380  detention care, home detention care, or nonsecure detention
  381  care. Children who are in home detention care or nonsecure
  382  detention care may be placed on electronic monitoring.
  383         (a) A child who is awaiting placement in a low-risk
  384  residential program must be removed from detention within 5
  385  days, excluding Saturdays, Sundays, and legal holidays. Any
  386  child held in secure detention during the 5 days must meet
  387  detention admission criteria under this part. A child who is
  388  placed in home detention care, nonsecure detention care, or home
  389  or nonsecure detention care with electronic monitoring, while
  390  awaiting placement in a minimum-risk or low-risk program, may be
  391  held in secure detention care for 5 days, if the child violates
  392  the conditions of the home detention care, the nonsecure
  393  detention care, or the electronic monitoring agreement. For any
  394  subsequent violation, the court may impose an additional 15 5
  395  days, excluding Saturdays, Sundays, and legal holidays, in
  396  secure detention care.
  397         (b)1. A child who is awaiting placement in a moderate-risk
  398  residential program must be placed in secure detention care,
  399  home detention care, or nonsecure detention care. Any child held
  400  in secure detention care must meet detention admission criteria
  401  under this part.
  402         2. A child may not be held in secure detention care longer
  403  than 15 days, excluding Saturdays, Sundays, and legal holidays,
  404  while awaiting placement in a moderate-risk residential
  405  facility, except that any child shall be held in secure
  406  detention care until placed in a residential facility if:
  407         a. The child is alleged to have absconded from home
  408  detention care or nonsecure detention care or otherwise violated
  409  the terms of release or electronic monitoring; or
  410         b. Probable cause exists that a child committed a new
  411  violation of law while on home detention care, nonsecure
  412  detention care, or electronic monitoring and the child is
  413  awaiting placement in a residential program A child who is
  414  awaiting placement in a moderate-risk residential program must
  415  be removed from detention within 5 days, excluding Saturdays,
  416  Sundays, and legal holidays. Any child held in secure detention
  417  during the 5 days must meet detention admission criteria under
  418  this part. The department may seek an order from the court
  419  authorizing continued detention for a specific period of time
  420  necessary for the appropriate residential placement of the
  421  child. However, such continued detention in secure detention
  422  care may not exceed 15 days after entry of the commitment order,
  423  excluding Saturdays, Sundays, and legal holidays, and except as
  424  otherwise provided in this section. A child who is placed in
  425  home detention care, nonsecure detention care, or home or
  426  nonsecure detention care with electronic monitoring, while
  427  awaiting placement in a moderate-risk program, may be held in
  428  secure detention care for 5 days, if the child violates the
  429  conditions of the home detention care, the nonsecure detention
  430  care, or the electronic monitoring agreement. For any subsequent
  431  violation, the court may impose an additional 5 days in secure
  432  detention care.
  433         (c) If the child is committed to a high-risk residential
  434  program, the child must be held in secure detention care until
  435  placement or commitment is accomplished.
  436         (d) If the child is committed to a maximum-risk residential
  437  program, the child must be held in secure detention care until
  438  placement or commitment is accomplished.
  439         Section 10. Section 985.28, Florida Statutes, is created to
  440  read:
  441         985.28 Appearance in court; preadjudicatory detention;
  442  contempt.—
  443         (1) A child may be held in secure detention care if, after
  444  proper notice, the child fails to appear in court because the
  445  child refuses to appear, runs away, or otherwise intentionally
  446  avoids his or her appearance. The court may hold the child in
  447  secure detention care until the trial concludes, regardless of
  448  the results of the risk assessment instrument.
  449         (2) A parent or legal guardian, after being properly
  450  noticed, who knowingly and willfully fails to bring or otherwise
  451  prevents a child from appearing for trial may be held in
  452  contempt of court.
  453         Section 11. Subsection (1) of section 985.35, Florida
  454  Statutes, is amended to read:
  455         985.35 Adjudicatory hearings; withheld adjudications;
  456  orders of adjudication.—
  457         (1) The adjudicatory hearing must be held as soon as
  458  practicable after the petition alleging that a child has
  459  committed a delinquent act or violation of law is filed and in
  460  accordance with the Florida Rules of Juvenile Procedure; but
  461  reasonable delay for the purpose of investigation, discovery, or
  462  procuring counsel or witnesses shall be granted. If the child is
  463  being detained, the time limitations in s. 985.26(2) and (3)
  464  apply.
  465         Section 12. Paragraph (c) of subsection (1) of section
  466  985.43, Florida Statutes, is amended, and subsection (4) is
  467  added to that section, to read:
  468         985.43 Predisposition reports; other evaluations.—
  469         (1) Upon a finding that the child has committed a
  470  delinquent act:
  471         (c) A child who was not in secure detention at the time of
  472  the adjudicatory hearing, but for whom residential commitment is
  473  anticipated or recommended, may be placed under a special
  474  detention order, as provided in s. 985.26(6)(5), for the purpose
  475  of conducting a comprehensive evaluation.
  476         (4) The Legislature finds that the court is in the best
  477  position to weigh all facts and circumstances to determine
  478  whether or not to commit a juvenile to the department and to
  479  determine the most appropriate restrictiveness level for a
  480  juvenile committed to the department.
  481         Section 13. Paragraphs (a) and (b) of subsection (7) of
  482  section 985.433, Florida Statutes, are amended to read:
  483         985.433 Disposition hearings in delinquency cases.—When a
  484  child has been found to have committed a delinquent act, the
  485  following procedures shall be applicable to the disposition of
  486  the case:
  487         (7) If the court determines that the child should be
  488  adjudicated as having committed a delinquent act and should be
  489  committed to the department, such determination shall be in
  490  writing or on the record of the hearing. The determination shall
  491  include a specific finding of the reasons for the decision to
  492  adjudicate and to commit the child to the department, including
  493  any determination that the child was a member of a criminal
  494  gang.
  495         (a) The juvenile probation officer shall make a
  496  recommendation to the court concerning placement and any
  497  proposed treatment plan recommend to the court the most
  498  appropriate placement and treatment plan, specifically
  499  identifying the restrictiveness level most appropriate for the
  500  child. If the court has determined that the child was a member
  501  of a criminal gang, that determination shall be given great
  502  weight in identifying the most appropriate restrictiveness level
  503  for the child. The court shall consider the department’s
  504  recommendation in making its commitment decision.
  505         (b) The court may shall commit the child to the department
  506  at the restrictiveness level identified by the department, or
  507  the court may order placement at a different restrictiveness
  508  level. The court may determine the disposition on the same
  509  factors as the department considered in the department’s
  510  predisposition report and placement recommendation even if the
  511  court reaches a different conclusion. The court may commit the
  512  child to a different restrictiveness level than recommended by
  513  the department. The court shall state for the record the reasons
  514  for the disposition imposed that establish by a preponderance of
  515  the evidence why the court is disregarding the assessment of the
  516  child and the restrictiveness level recommended by the
  517  department. Any party may appeal the court’s findings resulting
  518  in a modified level of restrictiveness under this paragraph. The
  519  department shall maintain data to identify the extent to which
  520  the courts agree with the department’s recommendation.
  521         Section 14. Subsection (2) of section 985.439, Florida
  522  Statutes, is amended to read:
  523         985.439 Violation of probation or postcommitment
  524  probation.—
  525         (2) A child taken into custody under s. 985.101 for
  526  violating the conditions of probation or postcommitment
  527  probation shall be held in a consequence unit if such a unit is
  528  available or may be detained under part V in a facility other
  529  than a consequence unit if one is not available. The child shall
  530  be afforded a hearing within 24 hours after being taken into
  531  custody to determine the existence of probable cause that the
  532  child violated the conditions of probation or postcommitment
  533  probation. A consequence unit is a secure facility specifically
  534  designated by the department for children who are taken into
  535  custody under s. 985.101 for violating probation or
  536  postcommitment probation, or who have been found by the court to
  537  have violated the conditions of probation or postcommitment
  538  probation. If the violation involves a new charge of
  539  delinquency, the child may be detained under part V in a
  540  facility other than a consequence unit. If the child is not
  541  eligible for detention for the new charge of delinquency, the
  542  child may be held in the consequence unit pending a hearing and
  543  is subject to the time limitations specified in part V.
  544         Section 15. Section 938.20, Florida Statutes, is created to
  545  read:
  546         938.20 County juvenile crime prevention fund.—
  547         (1) Notwithstanding s. 318.121, and in addition to ss.
  548  938.19 and 939.185, in each county the board of county
  549  commissioners may adopt a mandatory court cost to be assessed in
  550  specific cases by incorporating by reference the provisions of
  551  this section in a county ordinance. Assessments collected by the
  552  clerk of the circuit court under this section shall be deposited
  553  into an account specifically for the administration of the
  554  county’s juvenile crime prevention fund. The proceeds of the
  555  county’s juvenile crime prevention fund shall only be used to
  556  fund local programs whose principal focus is the prevention of
  557  juvenile crime, the creation of consequence or suspension
  558  centers, and truancy programs and such other areas of local
  559  concern relating to juvenile crime.
  560         (2) A sum of up to $50 shall be assessed as a court cost in
  561  the circuit court in the county against each juvenile who pleads
  562  guilty or nolo contendere to, or is found guilty of, regardless
  563  of adjudication, a delinquent act. A juvenile may not be
  564  assessed court costs under this section if the juvenile and the
  565  juvenile’s parents or other legal guardian are found to be
  566  indigent.
  567         (3) The assessment for court costs under this section shall
  568  be assessed in addition to any other cost or fee and may not be
  569  deducted from the proceeds of any other cost that is received by
  570  the county.
  571         (4)(a) The clerk of the circuit court shall collect the
  572  assessments for court costs under this section and shall remit
  573  the assessments to the county’s juvenile crime prevention fund
  574  monthly.
  575         (b) The clerk of the circuit court shall withhold 3 percent
  576  of the assessments collected, which shall be retained as fee
  577  income of the office of the clerk of the circuit court.
  578         (5) A county’s juvenile crime prevention fund must account
  579  for all funds received and disbursed under this section in a
  580  written report to the board of county commissioners of that
  581  county. The report must be given to the commissioners by August
  582  1 of each year unless a different date is required by the
  583  commissioners.
  584         (6) A county’s juvenile crime prevention fund may be
  585  administered by a nonprofit organization, a law enforcement
  586  agency, the court administrator, the clerk of the circuit court,
  587  a county agency, or another similar agency authorized by the
  588  board of county commissioners of that county.
  589         Section 16. Subsection (8) of section 790.22, Florida
  590  Statutes, is amended to read:
  591         790.22 Use of BB guns, air or gas-operated guns, or
  592  electric weapons or devices by minor under 16; limitation;
  593  possession of firearms by minor under 18 prohibited; penalties.—
  594         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  595  under 18 years of age is charged with an offense that involves
  596  the use or possession of a firearm, as defined in s. 790.001,
  597  including a violation of subsection (3), or is charged for any
  598  offense during the commission of which the minor possessed a
  599  firearm, the minor shall be detained in secure detention, unless
  600  the state attorney authorizes the release of the minor, and
  601  shall be given a hearing within 24 hours after being taken into
  602  custody. At the hearing, the court may order that the minor
  603  continue to be held in secure detention in accordance with the
  604  applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
  605  the court finds that the minor meets the criteria specified in
  606  s. 985.255, or if the court finds by clear and convincing
  607  evidence that the minor is a clear and present danger to himself
  608  or herself or the community. The Department of Juvenile Justice
  609  shall prepare a form for all minors charged under this
  610  subsection that states the period of detention and the relevant
  611  demographic information, including, but not limited to, the sex,
  612  age, and race of the minor; whether or not the minor was
  613  represented by private counsel or a public defender; the current
  614  offense; and the minor’s complete prior record, including any
  615  pending cases. The form shall be provided to the judge to be
  616  considered when determining whether the minor should be
  617  continued in secure detention under this subsection. An order
  618  placing a minor in secure detention because the minor is a clear
  619  and present danger to himself or herself or the community must
  620  be in writing, must specify the need for detention and the
  621  benefits derived by the minor or the community by placing the
  622  minor in secure detention, and must include a copy of the form
  623  provided by the department. The Department of Juvenile Justice
  624  must send the form, including a copy of any order, without
  625  client-identifying information, to the Office of Economic and
  626  Demographic Research.
  627         Section 17. The Legislature determines and declares that
  628  this act fulfills an important state interest.
  629         Section 18. It is the intent of the Legislature with this
  630  act to ensure public safety and to provide appropriate and
  631  effective treatment to address physical, social, and emotional
  632  needs of juveniles, including, but not limited to, substance
  633  abuse services, mental health services, family counseling, anger
  634  management, other behavioral services, and health care services.
  635         Section 19. This act shall take effect July 1, 2010.