Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 676
       
       
       
       
       
       
                                Barcode 740958                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2013           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 985.664, Florida Statutes, is amended to
    6  read:
    7         985.664 Juvenile justice circuit advisory boards and
    8  juvenile justice county councils.—
    9         (1) There is authorized a juvenile justice circuit advisory
   10  board to be established in each of the 20 judicial circuits and
   11  a juvenile justice county council to be established in each of
   12  the 67 counties. Except in single-county circuits, each juvenile
   13  justice circuit advisory board shall have a county organization
   14  representing each of the counties in the circuit. The county
   15  organization shall report directly to the juvenile justice
   16  circuit advisory board on the juvenile justice needs of the
   17  county. The purpose of each juvenile justice circuit advisory
   18  board and each juvenile justice county council is to provide
   19  advice and direction to the department in the development and
   20  implementation of juvenile justice programs and to work
   21  collaboratively with the department in seeking program
   22  improvements and policy changes to address the emerging and
   23  changing needs of Florida’s youth who are at risk of
   24  delinquency.
   25         (2) The duties and responsibilities of a juvenile justice
   26  circuit advisory board include, but are not limited to:
   27         (a) Developing Each juvenile justice county council shall
   28  develop a juvenile justice prevention and early intervention
   29  plan for the county and shall collaborate with the circuit board
   30  and other county councils assigned to that circuit in the
   31  development of a comprehensive plan for the circuit. The initial
   32  circuit plan shall be submitted to the department no later than
   33  December 31, 2014, and no later than June 30 every 3 years
   34  thereafter. The department shall prescribe a format and content
   35  requirements for the submission of the comprehensive plan.
   36         (b)(3)Participating in the facilitation of Juvenile
   37  justice circuit boards and county councils shall also
   38  participate in facilitating interagency cooperation and
   39  information sharing.
   40         (c)(4)Providing recommendations Juvenile justice circuit
   41  boards and county councils may apply for and receive public or
   42  private grants to be administered by one of the community
   43  partners that support one or more components of the
   44  comprehensive county or circuit plan.
   45         (d)(5)Providing recommendations to Juvenile justice
   46  circuit boards and county councils shall advise and assist the
   47  department in the evaluation and award of prevention and early
   48  intervention grant programs, including the Community Juvenile
   49  Justice Partnership Grant program established in s. 985.676 and
   50  proceeds from the Invest in Children license plate annual use
   51  fees.
   52         (e)(6)Providing Each juvenile justice circuit board shall
   53  provide an annual report to the department describing the
   54  board’s activities of the circuit board and each of the county
   55  councils contained within its circuit. The department shall may
   56  prescribe a format and content requirements for submission of
   57  annual reports. The annual report must be submitted to the
   58  department no later than August 1 of each year.
   59         (3)(7)Each Membership of the juvenile justice circuit
   60  advisory board shall have a minimum of 16 may not exceed 18
   61  members, except as provided in subsections (8) and (9). The
   62  membership of each Members must include the state attorney, the
   63  public defender, and the chief judge of the circuit, or their
   64  respective designees. The remaining 15 members of the board must
   65  be appointed by the county councils within that circuit. The
   66  board must include at least one representative from each county
   67  council within the circuit. In appointing members to the circuit
   68  board, the county councils must reflect:
   69         (a) The circuit’s geography and population distribution.
   70         (b) Juvenile justice partners, including, but not limited
   71  to, representatives of law enforcement, the school system, and
   72  the Department of Children and Family Services.
   73         (b)(c) Diversity in the judicial circuit.
   74         (8) At any time after the adoption of initial bylaws
   75  pursuant to subsection (12), a juvenile justice circuit board
   76  may revise the bylaws to increase the number of members by not
   77  more than three in order to adequately reflect the diversity of
   78  the population and community organizations or agencies in the
   79  circuit.
   80         (9) If county councils are not formed within a circuit, the
   81  circuit board may establish its membership in accordance with
   82  subsection (10). For juvenile justice circuit boards organized
   83  pursuant to this subsection, the state attorney, public
   84  defender, and chief circuit judge, or their respective
   85  designees, shall be members of the circuit board.
   86         (4)(10)Each member of the juvenile justice circuit
   87  advisory board must be approved by the secretary of the
   88  department, except those members listed in paragraphs (a), (b),
   89  (c), (e), (f), (g), and (h). Membership of The juvenile justice
   90  county councils, or juvenile justice circuit advisory boards
   91  established under subsection (1) must (9), may include as
   92  members representatives from the following entities:
   93         (a) The state attorney or his or her designee
   94  Representatives from the school district, which may include
   95  elected school board officials, the school superintendent,
   96  school or district administrators, teachers, and counselors.
   97         (b) The public defender or his or her designee
   98  Representatives of the board of county commissioners.
   99         (c) The chief judge or his or her designee Representatives
  100  of the governing bodies of local municipalities within the
  101  county.
  102         (d) A representative of the corresponding circuit or
  103  regional entity of the Department of Children and Families
  104  Family Services.
  105         (e) Representatives of local law enforcement agencies,
  106  including The sheriff or the sheriff’s designee from each county
  107  in the circuit.
  108         (f) A police chief or his or her designee from each county
  109  in the circuit Representatives of the judicial system.
  110         (g)  A county commissioner or his or her designee from each
  111  county in the circuit.
  112         (h) The superintendent of each school district in the
  113  circuit or his or her designee.
  114         (i) A representative from the workforce organization of
  115  each county in the circuit.
  116         (j)(g)A representative Representatives of the business
  117  community.
  118         (k) A youth representative who has had an experience with
  119  the juvenile justice system and is not older than 21 years of
  120  age.
  121         (h) Representatives of other interested officials, groups,
  122  or entities, including, but not limited to, a children’s
  123  services council, public or private providers of juvenile
  124  justice programs and services, students, parents, and advocates.
  125  Private providers of juvenile justice programs may not exceed
  126  one-third of the voting membership.
  127         (l)(i)A representative representatives of the faith
  128  community.
  129         (m)(j)A health services representative who specializes in
  130  mental health care, Representatives of victim-service programs,
  131  or and victims of crimes.
  132         (k) Representatives of the Department of Corrections.
  133         (n) A parent or family member of a youth who has been
  134  involved with the juvenile justice system.
  135         (o) Up to five representatives from any of the following
  136  who are not otherwise represented in this subsection:
  137         1. Community leaders.
  138         2. Youth-serving coalitions.
  139         (5) The secretary of the department, in consultation with
  140  the board, shall appoint the chair of the board, who must meet
  141  the board membership requirements in subsection (4). Within 45
  142  days after being appointed, the chair shall appoint the
  143  remaining members to the board and submit the appointments to
  144  the department for approval.
  145         (6) A member may not serve more than two consecutive 2-year
  146  terms, except those members listed in paragraphs (4)(a), (b),
  147  (c), (e), (f), (g), and (h). A former member who has not served
  148  on the juvenile justice circuit advisory board for 2 years is
  149  eligible to serve on the juvenile justice circuit advisory board
  150  again.
  151         (7) At least half of the voting members of the juvenile
  152  justice circuit advisory board constitutes a quorum.
  153         (8) In order for a juvenile justice circuit advisory board
  154  measure or position to pass, it must receive more than 50
  155  percent of the vote.
  156         (9)(11) Each juvenile justice county council, or juvenile
  157  justice circuit advisory board established under subsection (9),
  158  must provide for the establishment of an executive committee of
  159  not more than 10 members. The duties and authority of the
  160  executive committee must be addressed in the bylaws.
  161         (10)(12) Each juvenile justice circuit advisory board and
  162  county council shall have develop bylaws that provide for
  163  officers and committees as the board or council deems necessary
  164  and shall specify the qualifications, method of selection, and
  165  term for each office created. The department shall prescribe a
  166  format and content requirements for the bylaws. All bylaws must
  167  be approved by the department. The bylaws shall address at least
  168  the following issues: process for appointments to the board or
  169  council; election or appointment of officers; filling of vacant
  170  positions; duration of member terms; provisions for voting;
  171  meeting attendance requirements; and the establishment and
  172  duties of an executive committee, if required under subsection
  173  (11).
  174         (11)(13) Members of juvenile justice circuit advisory
  175  boards and county councils are subject to the provisions of part
  176  III of chapter 112.
  177         Section 2. Paragraph (c) of subsection (4) of section
  178  790.22, Florida Statutes, is amended to read:
  179         790.22 Use of BB guns, air or gas-operated guns, or
  180  electric weapons or devices by minor under 16; limitation;
  181  possession of firearms by minor under 18 prohibited; penalties.—
  182         (4)
  183         (c) The juvenile justice circuit advisory boards or
  184  juvenile justice county councils or the Department of Juvenile
  185  Justice shall establish appropriate community service programs
  186  to be available to the alternative sanctions coordinators of the
  187  circuit courts in implementing this subsection. The boards or
  188  councils or department shall propose the implementation of a
  189  community service program in each circuit, and may submit a
  190  circuit plan, to be implemented upon approval of the circuit
  191  alternative sanctions coordinator.
  192         Section 3. Subsection (4) of section 938.17, Florida
  193  Statutes, is amended to read:
  194         938.17 County delinquency prevention; juvenile assessment
  195  centers and school board suspension programs.—
  196         (4) A sheriff’s office that receives proceeds pursuant to
  197  s. 939.185 shall account for all funds annually by August 1 in a
  198  written report to the juvenile justice circuit advisory board
  199  county council if funds are used for assessment centers, and to
  200  the district school board if funds are used for suspension
  201  programs.
  202         Section 4. Subsection (2) of section 948.51, Florida
  203  Statutes, is amended to read:
  204         948.51 Community corrections assistance to counties or
  205  county consortiums.—
  206         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
  207  county, or a consortium of two or more counties, may contract
  208  with the Department of Corrections for community corrections
  209  funds as provided in this section. In order to enter into a
  210  community corrections partnership contract, a county or county
  211  consortium must have a public safety coordinating council
  212  established under s. 951.26 and must designate a county officer
  213  or agency to be responsible for administering community
  214  corrections funds received from the state. The public safety
  215  coordinating council shall prepare, develop, and implement a
  216  comprehensive public safety plan for the county, or the
  217  geographic area represented by the county consortium, and shall
  218  submit an annual report to the Department of Corrections
  219  concerning the status of the program. In preparing the
  220  comprehensive public safety plan, the public safety coordinating
  221  council shall cooperate with the juvenile justice circuit
  222  advisory board and the juvenile justice county council,
  223  established under s. 985.664, in order to include programs and
  224  services for juveniles in the plan. To be eligible for community
  225  corrections funds under the contract, the initial public safety
  226  plan must be approved by the governing board of the county, or
  227  the governing board of each county within the consortium, and
  228  the Secretary of Corrections based on the requirements of this
  229  section. If one or more other counties develop a unified public
  230  safety plan, the public safety coordinating council shall submit
  231  a single application to the department for funding. Continued
  232  contract funding shall be pursuant to subsection (5). The plan
  233  for a county or county consortium must cover at least a 5-year
  234  period and must include:
  235         (a) A description of programs offered for the job placement
  236  and treatment of offenders in the community.
  237         (b) A specification of community-based intermediate
  238  sentencing options to be offered and the types and number of
  239  offenders to be included in each program.
  240         (c) Specific goals and objectives for reducing the
  241  projected percentage of commitments to the state prison system
  242  of persons with low total sentencing scores pursuant to the
  243  Criminal Punishment Code.
  244         (d) Specific evidence of the population status of all
  245  programs which are part of the plan, which evidence establishes
  246  that such programs do not include offenders who otherwise would
  247  have been on a less intensive form of community supervision.
  248         (e) The assessment of population status by the public
  249  safety coordinating council of all correctional facilities owned
  250  or contracted for by the county or by each county within the
  251  consortium.
  252         (f) The assessment of bed space that is available for
  253  substance abuse intervention and treatment programs and the
  254  assessment of offenders in need of treatment who are committed
  255  to each correctional facility owned or contracted for by the
  256  county or by each county within the consortium.
  257         (g) A description of program costs and sources of funds for
  258  each community corrections program, including community
  259  corrections funds, loans, state assistance, and other financial
  260  assistance.
  261         Section 5. Subsection (13) of section 985.48, Florida
  262  Statutes, is amended to read:
  263         985.48 Juvenile sexual offender commitment programs; sexual
  264  abuse intervention networks.—
  265         (13) Subject to specific appropriation, availability of
  266  funds, or receipt of appropriate grant funds, the Office of the
  267  Attorney General, the Department of Children and Families Family
  268  Services, or the Department of Juvenile Justice, or local
  269  juvenile justice councils shall award grants to sexual abuse
  270  intervention networks that apply for such grants. The grants may
  271  be used for training, treatment, conditional release,
  272  evaluation, public awareness, and other specified community
  273  needs that are identified by the network. A grant shall be
  274  awarded based on the applicant’s level of local funding, level
  275  of collaboration, number of juvenile sexual offenders to be
  276  served, number of victims to be served, and level of unmet
  277  needs.
  278         Section 6. Paragraph (a) of subsection (1) and paragraphs
  279  (b) and (e) of subsection (2) of section 985.676, Florida
  280  Statutes, are amended to read:
  281         985.676 Community juvenile justice partnership grants.—
  282         (1) GRANTS; CRITERIA.—
  283         (a) In order to encourage the development of a county and
  284  circuit juvenile justice plan plans and the development and
  285  implementation of county and circuit interagency agreements
  286  under s. 985.664, the community juvenile justice partnership
  287  grant program is established and shall be administered by the
  288  department.
  289         (2) GRANT APPLICATION PROCEDURES.—
  290         (b) The department shall consider the following in awarding
  291  such grants:
  292         1. The recommendations of the juvenile justice county
  293  council as to the priority that should be given to proposals
  294  submitted by entities within a county.
  295         2. the recommendations of the juvenile justice circuit
  296  advisory board as to the priority that should be given to
  297  proposals submitted by entities within a circuit in awarding
  298  such grants.
  299         (e) Each entity that is awarded a grant as provided for in
  300  this section shall submit an annual evaluation report to the
  301  department, the circuit juvenile justice manager, and the
  302  juvenile justice circuit advisory board, and the juvenile
  303  justice county council, by a date subsequent to the end of the
  304  contract period established by the department, documenting the
  305  extent to which the program objectives have been met, the effect
  306  of the program on the juvenile arrest rate, and any other
  307  information required by the department. The department shall
  308  coordinate and incorporate all such annual evaluation reports
  309  with s. 985.632. Each entity is also subject to a financial
  310  audit and a performance audit.
  311         Section 7. This act shall take effect October 1, 2013.
  312  
  313  ================= T I T L E  A M E N D M E N T ================
  314         And the title is amended as follows:
  315         Delete everything before the enacting clause
  316  and insert:
  317                        A bill to be entitled                      
  318         An act relating to juvenile justice circuit advisory
  319         boards and juvenile justice county councils; amending
  320         s. 985.664, F.S.; redesignating juvenile justice
  321         circuit boards as juvenile justice circuit advisory
  322         boards; requiring each board to have a county
  323         organization representing each county in the circuit;
  324         providing an exception for single-county circuits;
  325         deleting provisions providing for juvenile justice
  326         county councils; revising provisions relating to
  327         duties and responsibilities of boards; requiring
  328         submission of circuit plans by specified dates;
  329         revising membership of boards; providing for
  330         appointment and terms of members; providing for
  331         quorums and for passage of measures or positions;
  332         revising provisions relating to bylaws; amending ss.
  333         790.22, 938.17, 948.51, 985.48, and 985.676, F.S.;
  334         conforming provisions to changes made by the act;
  335         providing an effective date.