Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1181
       
       
       
       
       
       
                                Ì498472BÎ498472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AE/2R         .            Floor: C            
             03/07/2024 05:57 PM       .      03/07/2024 09:11 PM       
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       Senator Rouson moved the following:
       
    1         Senate Substitute for Amendment (374600) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (4) of section 790.115, Florida
    7  Statutes, is amended to read:
    8         790.115 Possessing or discharging weapons or firearms at a
    9  school-sponsored event or on school property prohibited;
   10  penalties; exceptions.—
   11         (4)Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
   12  any minor under 18 years of age who is charged under this
   13  section with possessing or discharging a firearm on school
   14  property shall be detained in secure detention, unless the state
   15  attorney authorizes the release of the minor, and shall be given
   16  a probable cause hearing within 24 hours after being taken into
   17  custody. At the hearing, the court may order that the minor
   18  continue to be held in secure detention for a period of 21 days,
   19  during which time the minor shall receive medical, psychiatric,
   20  psychological, or substance abuse examinations pursuant to s.
   21  985.18, and a written report shall be completed.
   22         Section 2. Subsections (1), (5), (8), (9), and (10) of
   23  section 790.22, Florida Statutes, are amended, and subsection
   24  (3) of that section is republished, to read:
   25         790.22 Use of BB guns, air or gas-operated guns, or
   26  electric weapons or devices by minor under 16; limitation;
   27  possession of firearms by minor under 18 prohibited; penalties.—
   28         (1) The use for any purpose whatsoever of BB guns, air or
   29  gas-operated guns, or electric weapons or devices, by any minor
   30  under the age of 16 years is prohibited unless such use is under
   31  the supervision and in the presence of an adult who is acting
   32  with the consent of the minor’s parent or guardian.
   33         (3) A minor under 18 years of age may not possess a
   34  firearm, other than an unloaded firearm at his or her home,
   35  unless:
   36         (a) The minor is engaged in a lawful hunting activity and
   37  is:
   38         1. At least 16 years of age; or
   39         2. Under 16 years of age and supervised by an adult.
   40         (b) The minor is engaged in a lawful marksmanship
   41  competition or practice or other lawful recreational shooting
   42  activity and is:
   43         1. At least 16 years of age; or
   44         2. Under 16 years of age and supervised by an adult who is
   45  acting with the consent of the minor’s parent or guardian.
   46         (c) The firearm is unloaded and is being transported by the
   47  minor directly to or from an event authorized in paragraph (a)
   48  or paragraph (b).
   49         (5)(a) A minor who violates subsection (3):
   50         1.For a first offense, commits a misdemeanor of the first
   51  degree; for a first offense, shall may serve a period of
   52  detention of up to 5 days in a secure detention facility, with
   53  credit for time served in secure detention prior to disposition,
   54  and; and, in addition to any other penalty provided by law,
   55  shall be required to perform 100 hours of community service or
   56  paid work as determined by the department.; and:
   57         1. If the minor is eligible by reason of age for a driver
   58  license or driving privilege, the court may direct the
   59  Department of Highway Safety and Motor Vehicles to revoke or to
   60  withhold issuance of the minor’s driver license or driving
   61  privilege for up to 1 year.
   62         2. If the minor’s driver license or driving privilege is
   63  under suspension or revocation for any reason, the court may
   64  direct the Department of Highway Safety and Motor Vehicles to
   65  extend the period of suspension or revocation by an additional
   66  period of up to 1 year.
   67         3. If the minor is ineligible by reason of age for a driver
   68  license or driving privilege, the court may direct the
   69  Department of Highway Safety and Motor Vehicles to withhold
   70  issuance of the minor’s driver license or driving privilege for
   71  up to 1 year after the date on which the minor would otherwise
   72  have become eligible.
   73         2.(b) For a second or subsequent offense, a minor who
   74  violates subsection (3) commits a felony of the third degree.
   75  For a second offense, the minor and shall serve a period of
   76  detention of up to 21 days in a secure detention facility, with
   77  credit for time served in secure detention prior to disposition,
   78  and shall be required to perform not less than 100 nor more than
   79  250 hours of community service or paid work as determined by the
   80  department. For a third or subsequent offense, the minor shall
   81  be adjudicated delinquent and committed to a residential
   82  program. A withhold of adjudication of delinquency shall be
   83  considered a prior offense for the purpose of determining a
   84  second, third, or subsequent offense., and:
   85         (b)In addition to the penalties for a violation of
   86  subsection (3):
   87         1. If the minor is eligible by reason of age for a driver
   88  license or driving privilege, the court may direct the
   89  Department of Highway Safety and Motor Vehicles to revoke or to
   90  withhold issuance of the minor’s driver license or driving
   91  privilege for up to 1 year for a first offense and up to 2 years
   92  for a second or subsequent offense.
   93         2. If the minor’s driver license or driving privilege is
   94  under suspension or revocation for any reason, the court may
   95  direct the Department of Highway Safety and Motor Vehicles to
   96  extend the period of suspension or revocation by an additional
   97  period of up to 1 year for a first offense and up to 2 years for
   98  a second or subsequent offense.
   99         3. If the minor is ineligible by reason of age for a driver
  100  license or driving privilege, the court may direct the
  101  Department of Highway Safety and Motor Vehicles to withhold
  102  issuance of the minor’s driver license or driving privilege for
  103  up to 1 year 2 years after the date on which the minor would
  104  otherwise have become eligible and up to 2 years for a second or
  105  subsequent offense.
  106  
  107  For the purposes of this subsection, community service shall be
  108  performed, if possible, in a manner involving a hospital
  109  emergency room or other medical environment that deals on a
  110  regular basis with trauma patients and gunshot wounds.
  111         (8)Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  112  is charged with an offense that involves the use or possession
  113  of a firearm, including a violation of subsection (3), or is
  114  charged for any offense during the commission of which the minor
  115  possessed a firearm, the minor shall be detained in secure
  116  detention, unless the state attorney authorizes the release of
  117  the minor, and shall be given a hearing within 24 hours after
  118  being taken into custody. At the hearing, the court may order
  119  that the minor continue to be held in secure detention in
  120  accordance with the applicable time periods specified in s.
  121  985.26(1)-(5), if the court finds that the minor meets the
  122  criteria specified in s. 985.255, or if the court finds by clear
  123  and convincing evidence that the minor is a clear and present
  124  danger to himself or herself or the community. The Department of
  125  Juvenile Justice shall prepare a form for all minors charged
  126  under this subsection which states the period of detention and
  127  the relevant demographic information, including, but not limited
  128  to, the gender, age, and race of the minor; whether or not the
  129  minor was represented by private counsel or a public defender;
  130  the current offense; and the minor’s complete prior record,
  131  including any pending cases. The form shall be provided to the
  132  judge for determining whether the minor should be continued in
  133  secure detention under this subsection. An order placing a minor
  134  in secure detention because the minor is a clear and present
  135  danger to himself or herself or the community must be in
  136  writing, must specify the need for detention and the benefits
  137  derived by the minor or the community by placing the minor in
  138  secure detention, and must include a copy of the form provided
  139  by the department.
  140         (9)Notwithstanding s. 985.245, if the minor is found to
  141  have committed an offense that involves the use or possession of
  142  a firearm, as defined in s. 790.001, other than a violation of
  143  subsection (3), or an offense during the commission of which the
  144  minor possessed a firearm, and the minor is not committed to a
  145  residential commitment program of the Department of Juvenile
  146  Justice, in addition to any other punishment provided by law,
  147  the court shall order:
  148         (a)For a first offense, that the minor shall serve a
  149  minimum period of detention of 15 days in a secure detention
  150  facility; and
  151         1.Perform 100 hours of community service; and may
  152         2.Be placed on community control or in a nonresidential
  153  commitment program.
  154         (b)For a second or subsequent offense, that the minor
  155  shall serve a mandatory period of detention of at least 21 days
  156  in a secure detention facility; and
  157         1.Perform not less than 100 nor more than 250 hours of
  158  community service; and may
  159         2.Be placed on community control or in a nonresidential
  160  commitment program.
  161  
  162  The minor shall not receive credit for time served before
  163  adjudication. For the purposes of this subsection, community
  164  service shall be performed, if possible, in a manner involving a
  165  hospital emergency room or other medical environment that deals
  166  on a regular basis with trauma patients and gunshot wounds.
  167         (10)If a minor is found to have committed an offense under
  168  subsection (9), the court shall impose the following penalties
  169  in addition to any penalty imposed under paragraph (9)(a) or
  170  paragraph (9)(b):
  171         (a)For a first offense:
  172         1.If the minor is eligible by reason of age for a driver
  173  license or driving privilege, the court may direct the
  174  Department of Highway Safety and Motor Vehicles to revoke or to
  175  withhold issuance of the minor’s driver license or driving
  176  privilege for up to 1 year.
  177         2.If the minor’s driver license or driving privilege is
  178  under suspension or revocation for any reason, the court may
  179  direct the Department of Highway Safety and Motor Vehicles to
  180  extend the period of suspension or revocation by an additional
  181  period for up to 1 year.
  182         3.If the minor is ineligible by reason of age for a driver
  183  license or driving privilege, the court may direct the
  184  Department of Highway Safety and Motor Vehicles to withhold
  185  issuance of the minor’s driver license or driving privilege for
  186  up to 1 year after the date on which the minor would otherwise
  187  have become eligible.
  188         (b)For a second or subsequent offense:
  189         1.If the minor is eligible by reason of age for a driver
  190  license or driving privilege, the court may direct the
  191  Department of Highway Safety and Motor Vehicles to revoke or to
  192  withhold issuance of the minor’s driver license or driving
  193  privilege for up to 2 years.
  194         2.If the minor’s driver license or driving privilege is
  195  under suspension or revocation for any reason, the court may
  196  direct the Department of Highway Safety and Motor Vehicles to
  197  extend the period of suspension or revocation by an additional
  198  period for up to 2 years.
  199         3.If the minor is ineligible by reason of age for a driver
  200  license or driving privilege, the court may direct the
  201  Department of Highway Safety and Motor Vehicles to withhold
  202  issuance of the minor’s driver license or driving privilege for
  203  up to 2 years after the date on which the minor would otherwise
  204  have become eligible.
  205         Section 3. Subsection (9) of section 901.15, Florida
  206  Statutes, is amended to read:
  207         901.15 When arrest by officer without warrant is lawful.—A
  208  law enforcement officer may arrest a person without a warrant
  209  when:
  210         (9) There is probable cause to believe that the person has
  211  committed:
  212         (a) Any battery upon another person, as defined in s.
  213  784.03.
  214         (b) An act of criminal mischief or a graffiti-related
  215  offense as described in s. 806.13.
  216         (c) A violation of a safety zone, security zone, regulated
  217  navigation area, or naval vessel protection zone as described in
  218  s. 327.461.
  219         (d) A racing, street takeover, or stunt driving violation
  220  as described in s. 316.191(2).
  221         (e) An exposure of sexual organs in violation of s. 800.03.
  222         (f) Possession of a firearm by a minor in violation of s.
  223  790.22(3).
  224         Section 4. Paragraph (d) of subsection (1) of section
  225  985.101, Florida Statutes, is amended to read:
  226         985.101 Taking a child into custody.—
  227         (1) A child may be taken into custody under the following
  228  circumstances:
  229         (d) By a law enforcement officer who has probable cause to
  230  believe that the child is in violation of the conditions of the
  231  child’s probation, supervised release detention, postcommitment
  232  probation, or conditional release supervision; has absconded
  233  from nonresidential commitment; or has escaped from residential
  234  commitment.
  235  
  236  Nothing in this subsection shall be construed to allow the
  237  detention of a child who does not meet the detention criteria in
  238  part V.
  239         Section 5. Section 985.12, Florida Statutes, is amended to
  240  read:
  241         985.12 Prearrest delinquency Civil citation or similar
  242  prearrest diversion programs.—
  243         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  244  that the creation and implementation of any prearrest
  245  delinquency civil citation or similar prearrest diversion
  246  programs at the judicial circuit level promotes public safety,
  247  aids interagency cooperation, and provides the greatest chance
  248  of success for prearrest delinquency civil citation and similar
  249  prearrest diversion programs. The Legislature further finds that
  250  the widespread use of prearrest delinquency civil citation and
  251  similar prearrest diversion programs has a positive effect on
  252  the criminal justice system by immediately holding youth
  253  accountable for their actions and contributes to an overall
  254  reduction in the crime rate and recidivism in the state. The
  255  Legislature encourages but does not mandate that counties,
  256  municipalities, and public or private educational institutions
  257  participate in a prearrest delinquency civil citation or similar
  258  prearrest diversion program created by their judicial circuit
  259  under this section.
  260         (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
  261  PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
  262  OPERATION.—
  263         (a) A prearrest delinquency civil citation or similar
  264  prearrest diversion program for misdemeanor offenses shall be
  265  established in each judicial circuit in the state. The state
  266  attorney and public defender of each circuit, the clerk of the
  267  court for each county in the circuit, and representatives of
  268  participating law enforcement agencies in the circuit shall
  269  create a prearrest delinquency civil citation or similar
  270  prearrest diversion program and develop its policies and
  271  procedures. In developing the program’s policies and procedures,
  272  input from other interested stakeholders may be solicited. The
  273  department shall annually develop and provide guidelines on best
  274  practice models for prearrest delinquency civil citation or
  275  similar prearrest diversion programs to the judicial circuits as
  276  a resource.
  277         (b) Each judicial circuit’s prearrest delinquency civil
  278  citation or similar prearrest diversion program must specify all
  279  of the following:
  280         1. The misdemeanor offenses that qualify a juvenile for
  281  participation in the program. Offenses involving the use or
  282  possession of a firearm do not qualify for a prearrest
  283  delinquency citation program.;
  284         2. The eligibility criteria for the program.;
  285         3. The program’s implementation and operation.;
  286         4. The program’s requirements, including, but not limited
  287  to, the completion of community service hours, payment of
  288  restitution, if applicable, classes established by the
  289  department or the prearrest delinquency citation program, and
  290  intervention services indicated by a needs assessment of the
  291  juvenile, approved by the department, such as family counseling,
  292  urinalysis monitoring, and substance abuse and mental health
  293  treatment services.; and
  294         5. A program fee, if any, to be paid by a juvenile
  295  participating in the program. If the program imposes a fee, the
  296  clerk of the court of the applicable county must receive a
  297  reasonable portion of the fee.
  298         (c) The state attorney of each circuit shall operate a
  299  prearrest delinquency civil citation or similar prearrest
  300  diversion program in each circuit. A sheriff, police department,
  301  county, municipality, locally authorized entity, or public or
  302  private educational institution may continue to operate an
  303  independent prearrest delinquency civil citation or similar
  304  prearrest diversion program that is in operation as of October
  305  1, 2018, if the independent program is reviewed by the state
  306  attorney of the applicable circuit and he or she determines that
  307  the independent program is substantially similar to the
  308  prearrest delinquency civil citation or similar prearrest
  309  diversion program developed by the circuit. If the state
  310  attorney determines that the independent program is not
  311  substantially similar to the prearrest delinquency civil
  312  citation or similar prearrest diversion program developed by the
  313  circuit, the operator of the independent diversion program may
  314  revise the program and the state attorney may conduct an
  315  additional review of the independent program. A civil citation
  316  or similar prearrest diversion program existing before July 1,
  317  2024, shall be deemed a delinquency citation program authorized
  318  by this section if the civil citation or similar prearrest
  319  diversion program has been approved by the state attorney of the
  320  circuit in which it operates and it complies with the
  321  requirements in paragraph (2)(b).
  322         (d)A judicial circuit may model an existing sheriff’s,
  323  police department’s, county’s, municipality’s, locally
  324  authorized entity’s, or public or private educational
  325  institution’s independent civil citation or similar prearrest
  326  diversion program in developing the civil citation or similar
  327  prearrest diversion program for the circuit.
  328         (d)(e) If a juvenile does not successfully complete the
  329  prearrest delinquency civil citation or similar prearrest
  330  diversion program, the arresting law enforcement officer shall
  331  determine if there is good cause to arrest the juvenile for the
  332  original misdemeanor offense and refer the case to the state
  333  attorney to determine if prosecution is appropriate or allow the
  334  juvenile to continue in the program.
  335         (e)(f) Each prearrest delinquency civil citation or similar
  336  prearrest diversion program shall enter the appropriate youth
  337  data into the Juvenile Justice Information System Prevention Web
  338  within 7 days after the admission of the youth into the program.
  339         (f)(g) At the conclusion of a juvenile’s prearrest
  340  delinquency civil citation or similar prearrest diversion
  341  program, the state attorney or operator of the independent
  342  program shall report the outcome to the department. The issuance
  343  of a prearrest delinquency civil citation or similar prearrest
  344  diversion program notice is not considered a referral to the
  345  department.
  346         (g)(h) Upon issuing a prearrest delinquency civil citation
  347  or similar prearrest diversion program notice, the law
  348  enforcement officer shall send a copy of the prearrest
  349  delinquency civil citation or similar prearrest diversion
  350  program notice to the parent or guardian of the child and to the
  351  victim.
  352         Section 6. Section 985.125, Florida Statutes, is amended to
  353  read:
  354         985.125 Prearrest or Postarrest diversion programs.—
  355         (1) A law enforcement agency or school district, in
  356  cooperation with the state attorney, may establish a prearrest
  357  or postarrest diversion program.
  358         (2) As part of the prearrest or postarrest diversion
  359  program, a child who is alleged to have committed a delinquent
  360  act may be required to surrender his or her driver license, or
  361  refrain from applying for a driver license, for not more than 90
  362  days. If the child fails to comply with the requirements of the
  363  program, the state attorney may notify the Department of Highway
  364  Safety and Motor Vehicles in writing to suspend the child’s
  365  driver license for a period that may not exceed 90 days.
  366         Section 7. Subsections (5) and (6) of section 985.126,
  367  Florida Statutes, are renumbered as subsections (6) and (7),
  368  respectively, subsections (3) and (4) of that section are
  369  amended, and a new subsection (5) is added to that section, to
  370  read:
  371         985.126 Prearrest and postarrest diversion programs; data
  372  collection; denial of participation or expunged record.—
  373         (3)(a) Beginning October 1, 2018, Each diversion program
  374  shall submit data to the department which identifies for each
  375  minor participating in the diversion program:
  376         1. The race, ethnicity, gender, and age of that minor.
  377         2. The offense committed, including the specific law
  378  establishing the offense.
  379         3. The judicial circuit and county in which the offense was
  380  committed and the law enforcement agency that had contact with
  381  the minor for the offense.
  382         4. Other demographic information necessary to properly
  383  register a case into the Juvenile Justice Information System
  384  Prevention Web, as specified by the department.
  385         (b) Beginning October 1, 2018, Each law enforcement agency
  386  shall submit to the department data for every minor charged for
  387  the first-time, who is charged with a misdemeanor, and who was
  388  that identifies for each minor who was eligible for a diversion
  389  program, but was instead referred to the department, provided a
  390  notice to appear, or arrested:
  391         1. The data required pursuant to paragraph (a).
  392         2. Whether the minor was offered the opportunity to
  393  participate in a diversion program. If the minor was:
  394         a. Not offered such opportunity, the reason such offer was
  395  not made.
  396         b. Offered such opportunity, whether the minor or his or
  397  her parent or legal guardian declined to participate in the
  398  diversion program.
  399         (c) The data required pursuant to paragraph (a) shall be
  400  entered into the Juvenile Justice Information System Prevention
  401  Web within 7 days after the youth’s admission into the program.
  402         (d) The data required pursuant to paragraph (b) shall be
  403  submitted on or with the arrest affidavit or notice to appear.
  404         (4) Beginning January 1, 2019, The department shall compile
  405  and semiannually publish the data required by subsection (3) on
  406  the department’s website in a format that is, at a minimum,
  407  sortable by judicial circuit, county, law enforcement agency,
  408  race, ethnicity, gender, age, and offense committed.
  409         (5)The department shall provide a quarterly report to be
  410  published on its website and distributed to the Governor,
  411  President of the Senate, and Speaker of the House of
  412  Representatives listing the entities that use prearrest
  413  delinquency citations for less than 70 percent of first-time
  414  misdemeanor offenses.
  415         Section 8. Subsection (4) of section 985.245, Florida
  416  Statutes, is amended to read:
  417         985.245 Risk assessment instrument.—
  418         (4) For a child who is under the supervision of the
  419  department through probation, supervised release detention,
  420  conditional release, postcommitment probation, or commitment and
  421  who is charged with committing a new offense, the risk
  422  assessment instrument may be completed and scored based on the
  423  underlying charge for which the child was placed under the
  424  supervision of the department.
  425         Section 9. Subsection (1) of section 985.25, Florida
  426  Statutes, is amended to read:
  427         985.25 Detention intake.—
  428         (1) The department shall receive custody of a child who has
  429  been taken into custody from the law enforcement agency or court
  430  and shall review the facts in the law enforcement report or
  431  probable cause affidavit and make such further inquiry as may be
  432  necessary to determine whether detention care is appropriate.
  433         (a) During the period of time from the taking of the child
  434  into custody to the date of the detention hearing, the initial
  435  decision as to the child’s placement into detention care shall
  436  be made by the department under ss. 985.24 and 985.245(1).
  437         (b) The department shall base the decision whether to place
  438  the child into detention care on an assessment of risk in
  439  accordance with the risk assessment instrument and procedures
  440  developed by the department under s. 985.245, except that a
  441  child shall be placed in secure detention care until the child’s
  442  detention hearing if the child meets the criteria specified in
  443  s. 985.255(1)(f), is charged with possessing or discharging a
  444  firearm on school property in violation of s. 790.115, or is
  445  charged with any other offense involving the possession or use
  446  of a firearm.
  447         (c) If the final score on the child’s risk assessment
  448  instrument indicates detention care is appropriate, but the
  449  department otherwise determines the child should be released,
  450  the department shall contact the state attorney, who may
  451  authorize release.
  452         (d) If the final score on the risk assessment instrument
  453  indicates detention is not appropriate, the child may be
  454  released by the department in accordance with ss. 985.115 and
  455  985.13.
  456         (e)Notwithstanding any other provision of law, a child who
  457  is arrested for violating the terms of his or her electronic
  458  monitoring supervision or his or her supervised release shall be
  459  placed in secure detention until his or her detention hearing.
  460         (f)Notwithstanding any other provision of law, a child on
  461  probation for an underlying felony firearm offense in chapter
  462  790 and who is taken into custody under s. 985.101 for violating
  463  conditions of probation not involving a new law violation shall
  464  be held in secure detention to allow the state attorney to
  465  review the violation. If, within 21 days, the state attorney
  466  notifies the court that commitment will be sought, then the
  467  child shall remain in secure detention pending proceedings under
  468  s. 985.439 until the initial 21-day period of secure detention
  469  has expired. Upon motion of the state attorney, the child may be
  470  held for an additional 21-day period if the court finds that the
  471  totality of the circumstances, including the preservation of
  472  public safety, warrants such extension. Any release from secure
  473  detention shall result in the child being held on supervised
  474  release with electronic monitoring pending proceedings under s.
  475  985.439.
  476  
  477  Under no circumstances shall the department or the state
  478  attorney or law enforcement officer authorize the detention of
  479  any child in a jail or other facility intended or used for the
  480  detention of adults, without an order of the court.
  481         Section 10. Paragraph (a) of subsection (1) and subsection
  482  (3) of section 985.255, Florida Statutes, are amended, and
  483  paragraphs (g) and (h) are added to subsection (1) of that
  484  section, to read:
  485         985.255 Detention criteria; detention hearing.—
  486         (1) Subject to s. 985.25(1), a child taken into custody and
  487  placed into detention care shall be given a hearing within 24
  488  hours after being taken into custody. At the hearing, the court
  489  may order a continued detention status if:
  490         (a) The result of the risk assessment instrument pursuant
  491  to s. 985.245 indicates secure or supervised release detention
  492  or the court makes the findings required under paragraph (3)(b).
  493         (g)The court finds probable cause at the detention hearing
  494  that the child committed one or more of the following offenses:
  495         1.Murder in the first degree under s. 782.04(1)(a).
  496         2.Murder in the second degree under s. 782.04(2).
  497         3.Armed robbery under s. 812.13(2)(a) that involves the
  498  use or possession of a firearm as defined in s. 790.001.
  499         4.Armed carjacking under s. 812.133(2)(a) that involves
  500  the use or possession of a firearm as defined in s. 790.001.
  501         5.Having a firearm while committing a felony under s.
  502  790.07(2).
  503         6.Armed burglary under s. 810.02(2)(b) that involves the
  504  use or possession of a firearm as defined in s. 790.001.
  505         7.Delinquent in possession of a firearm under s.
  506  790.23(1)(b).
  507         8.An attempt to commit any offense listed in this
  508  paragraph under s. 777.04.
  509         (h)For a child who meets the criteria in paragraph (g):
  510         1.There is a presumption that the child presents a risk to
  511  public safety and danger to the community and such child must be
  512  held in secure detention prior to an adjudicatory hearing,
  513  unless the court enters a written order that the child would not
  514  present a risk to public safety or a danger to the community if
  515  he or she were placed on supervised release detention care.
  516         2.The written order releasing a child from secure
  517  detention must be based on clear and convincing evidence why the
  518  child does not present a risk to public safety or a danger to
  519  the community and must list the child’s prior adjudications,
  520  dispositions, and prior violations of pretrial release orders. A
  521  court releasing a child from secure detention under this
  522  subparagraph shall place the child on supervised release
  523  detention care with electronic monitoring until the child’s
  524  adjudicatory hearing.
  525         3.If an adjudicatory hearing has not taken place after 60
  526  days of secure detention for a child held in secure detention
  527  under this paragraph, the court must prioritize the efficient
  528  disposition of cases and hold a review hearing within each
  529  successive 7-day review period until the adjudicatory hearing or
  530  until the child is placed on supervised release with electronic
  531  monitoring under subparagraph 2.
  532         4.If the court, under this section, releases a child to
  533  supervised release detention care, the court must provide a copy
  534  of the written order to the victim, to the law enforcement
  535  agency that arrested the child, and to the law enforcement
  536  agency with primary jurisdiction over the child’s primary
  537  residence.
  538         (3)(a) The purpose of the detention hearing required under
  539  subsection (1) is to determine the existence of probable cause
  540  that the child has committed the delinquent act or violation of
  541  law that he or she is charged with and the need for continued
  542  detention. The court shall consider use the results of the risk
  543  assessment performed by the department and, based on the
  544  criteria in subsection (1), shall determine the need for
  545  continued detention. If the child is a prolific juvenile
  546  offender who is detained under s. 985.26(2)(c), the court shall
  547  consider use the results of the risk assessment performed by the
  548  department and the criteria in subsection (1) or subsection (2)
  549  only to determine whether the prolific juvenile offender should
  550  be held in secure detention.
  551         (b) If The court may order orders a placement more or less
  552  restrictive than indicated by the results of the risk assessment
  553  instrument, and, if the court does so, shall state, in writing,
  554  clear and convincing reasons for such placement.
  555         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
  556  child is placed into detention care, or into a respite home or
  557  other placement pursuant to a court order following a hearing,
  558  the court order must include specific instructions that direct
  559  the release of the child from such placement no later than 5
  560  p.m. on the last day of the detention period specified in s.
  561  985.26 or s. 985.27, whichever is applicable, unless the
  562  requirements of such applicable provision have been met or an
  563  order of continuance has been granted under s. 985.26(4). If the
  564  court order does not include a release date, the release date
  565  shall be requested from the court on the same date that the
  566  child is placed in detention care. If a subsequent hearing is
  567  needed to provide additional information to the court for safety
  568  planning, the initial order placing the child in detention care
  569  shall reflect the next detention review hearing, which shall be
  570  held within 3 calendar days after the child’s initial detention
  571  placement.
  572         Section 11. Paragraph (b) of subsection (2) of section
  573  985.26, Florida Statutes, is amended to read:
  574         985.26 Length of detention.—
  575         (2)
  576         (b) The court may order the child to be held in secure
  577  detention beyond 21 days under the following circumstances:
  578         1. Upon good cause being shown that the nature of the
  579  charge requires additional time for the prosecution or defense
  580  of the case or that the totality of the circumstances, including
  581  the preservation of public safety, warrants an extension, the
  582  court may extend the length of secure detention care for up to
  583  an additional 21 days if the child is charged with an offense
  584  which, if committed by an adult, would be a capital felony, a
  585  life felony, a felony of the first degree or the second degree,
  586  a felony of the third degree involving violence against any
  587  individual, or any other offense involving the possession or use
  588  of a firearm. Except as otherwise provided in subparagraph 2.,
  589  the court may continue to extend the period of secure detention
  590  care in increments of up to 21 days each by conducting a hearing
  591  before the expiration of the current period to determine the
  592  need for continued secure detention of the child. At the
  593  hearing, the court must make the required findings in writing to
  594  extend the period of secure detention. If the court extends the
  595  time period for secure detention care, it shall ensure an
  596  adjudicatory hearing for the case commences as soon as is
  597  reasonably possible considering the totality of the
  598  circumstances. The court shall prioritize the efficient
  599  disposition of cases in which the child has served 60 or more
  600  days in secure detention care.
  601         2.When the child is being held in secure detention under
  602  s. 985.255(1)(g), and subject to s. 985.255(1)(h).
  603         Section 12. Paragraph (d) is added to subsection (7) of
  604  section 985.433, Florida Statutes, and subsections (8) and (9)
  605  of that section are amended, to read:
  606         985.433 Disposition hearings in delinquency cases.—When a
  607  child has been found to have committed a delinquent act, the
  608  following procedures shall be applicable to the disposition of
  609  the case:
  610         (7) If the court determines that the child should be
  611  adjudicated as having committed a delinquent act and should be
  612  committed to the department, such determination shall be in
  613  writing or on the record of the hearing. The determination shall
  614  include a specific finding of the reasons for the decision to
  615  adjudicate and to commit the child to the department, including
  616  any determination that the child was a member of a criminal
  617  gang.
  618         (d)Any child adjudicated by the court and committed to the
  619  department under a restrictiveness level described in s.
  620  985.03(44)(a)–(d), for any offense or attempted offense
  621  involving a firearm must be placed on conditional release, as
  622  defined in s. 985.03, for a period of 1 year following his or
  623  her release from a commitment program. Such term of conditional
  624  release shall include electronic monitoring of the child by the
  625  department for the initial 6 months following his or her release
  626  and at times and under terms and conditions set by the
  627  department.
  628         (8) If the court determines not to adjudicate and commit to
  629  the department, then the court shall determine what community
  630  based sanctions it will impose in a probation program for the
  631  child. Community-based sanctions may include, but are not
  632  limited to, participation in substance abuse treatment, a day
  633  treatment probation program, restitution in money or in kind, a
  634  curfew, revocation or suspension of the driver license of the
  635  child, community service, and appropriate educational programs
  636  as determined by the district school board.
  637         (a)1.Where a child is found to have committed an offense
  638  that involves the use or possession of a firearm, as defined in
  639  s. 790.001, other than a violation of s. 790.22(3), or is found
  640  to have committed an offense during the commission of which the
  641  child possessed a firearm, and the court has decided not to
  642  commit the child to a residential program, the court shall order
  643  the child, in addition to any other punishment provided by law,
  644  to:
  645         a.Serve a period of detention of 30 days in a secure
  646  detention facility, with credit for time served in secure
  647  detention prior to disposition.
  648         b.Perform 100 hours of community service or paid work as
  649  determined by the department.
  650         c.Be placed on probation for a period of at least 1 year.
  651  Such term of probation shall include electronic monitoring of
  652  the child by the department at times and under terms and
  653  conditions set by the department.
  654         2.In addition to the penalties in subparagraph 1., the
  655  court may impose the following restrictions upon the child’s
  656  driving privileges:
  657         a.If the child is eligible by reason of age for a driver
  658  license or driving privilege, the court may direct the
  659  Department of Highway Safety and Motor Vehicles to revoke or to
  660  withhold issuance of the child’s driver license or driving
  661  privilege for up to 1 year.
  662         b.If the child’s driver license or driving privilege is
  663  under suspension or revocation for any reason, the court may
  664  direct the Department of Highway Safety and Motor Vehicles to
  665  extend the period of suspension or revocation by an additional
  666  period for up to 1 year.
  667         c.If the child is ineligible by reason of age for a driver
  668  license or driving privilege, the court may direct the
  669  Department of Highway Safety and Motor Vehicles to withhold
  670  issuance of the minor’s driver license or driving privilege for
  671  up to 1 year after the date on which the child would otherwise
  672  have become eligible.
  673  
  674  For the purposes of this paragraph, community service shall be
  675  performed, if possible, in a manner involving a hospital
  676  emergency room or other medical environment that deals on a
  677  regular basis with trauma patients and gunshot wounds.
  678         (b)A child who has previously had adjudication withheld
  679  for any of the following offenses shall not be eligible for a
  680  second or subsequent withhold of adjudication if he or she is
  681  subsequently found to have committed any of the following
  682  offenses, and must be adjudicated delinquent and committed to a
  683  residential program:
  684         1.Armed robbery involving a firearm under s. 812.13(2)(a).
  685         2.Armed carjacking under s. 812.133(2)(a) involving the
  686  use or possession of a firearm as defined in s. 790.001.
  687         3.Having a firearm while committing a felony under s.
  688  790.07(2).
  689         4. Armed burglary under s. 810.02(2)(b) involving the use
  690  or possession of a firearm as defined in s. 790.001.
  691         5.Delinquent in possession of a firearm under s.
  692  790.23(1)(b).
  693         6.An attempt to commit any offense listed in this
  694  paragraph under s. 777.04.
  695         (9) After appropriate sanctions for the offense are
  696  determined, including any minimum sanctions required by this
  697  section, the court shall develop, approve, and order a plan of
  698  probation that will contain rules, requirements, conditions, and
  699  rehabilitative programs, including the option of a day-treatment
  700  probation program, that are designed to encourage responsible
  701  and acceptable behavior and to promote both the rehabilitation
  702  of the child and the protection of the community.
  703         Section 13. Subsections (1), (3), and (4) of section
  704  985.435, Florida Statutes, are amended to read:
  705         985.435 Probation and postcommitment probation; community
  706  service.—
  707         (1) The court that has jurisdiction over an adjudicated
  708  delinquent child may, by an order stating the facts upon which a
  709  determination of a sanction and rehabilitative program was made
  710  at the disposition hearing, place the child in a probation
  711  program or a postcommitment probation program. Such placement
  712  must be under the supervision of an authorized agent of the
  713  department or of any other person or agency specifically
  714  authorized and appointed by the court, whether in the child’s
  715  own home, in the home of a relative of the child, or in some
  716  other suitable place under such reasonable conditions as the
  717  court may direct.
  718         (3) A probation program must also include a rehabilitative
  719  program component such as a requirement of participation in
  720  substance abuse treatment or in a school or career and technical
  721  education program. The nonconsent of the child to treatment in a
  722  substance abuse treatment program in no way precludes the court
  723  from ordering such treatment. Upon the recommendation of the
  724  department at the time of disposition, or subsequent to
  725  disposition pursuant to the filing of a petition alleging a
  726  violation of the child’s conditions of postcommitment probation,
  727  the court may order the child to submit to random testing for
  728  the purpose of detecting and monitoring the use of alcohol or
  729  controlled substances.
  730         (4) A probation program must may also include an
  731  alternative consequence component to address instances in which
  732  a child is noncompliant with technical conditions of his or her
  733  probation but has not committed any new violations of law. The
  734  alternative consequence component must be aligned with the
  735  department’s graduated response matrix as described in s.
  736  985.438 Each judicial circuit shall develop, in consultation
  737  with judges, the state attorney, the public defender, the
  738  regional counsel, relevant law enforcement agencies, and the
  739  department, a written plan specifying the alternative
  740  consequence component which must be based upon the principle
  741  that sanctions must reflect the seriousness of the violation,
  742  the assessed criminogenic needs and risks of the child, the
  743  child’s age and maturity level, and how effective the sanction
  744  or incentive will be in moving the child to compliant behavior.
  745  The alternative consequence component is designed to provide
  746  swift and appropriate consequences or incentives to a child who
  747  is alleged to be noncompliant with or in violation of probation.
  748  If the probation program includes this component, specific
  749  consequences that apply to noncompliance with specific technical
  750  conditions of probation, as well as incentives used to move the
  751  child toward compliant behavior, must be detailed in the
  752  disposition order.
  753         Section 14. Section 985.438, Florida Statutes, is created
  754  to read:
  755         985.438Graduated response matrix.—
  756         (1)The department shall create and administer a statewide
  757  plan to hold youths accountable to the terms of their court
  758  ordered probation and the terms of their conditional release.
  759  The plan must be based upon the principle that sanctions must
  760  reflect the seriousness of the violation, provide immediate
  761  accountability for violations, the assessed criminogenic needs
  762  and risks of the child, and the child’s age and maturity level.
  763  The plan is designed to provide swift and appropriate
  764  consequences or incentives to a child who is alleged to be
  765  noncompliant with or in violation of his or her probation.
  766         (2)The graduated response matrix shall outline sanctions
  767  for youth based on their risk to reoffend and shall include, but
  768  not be limited to:
  769         (a)Increased contacts.
  770         (b)Increased drug tests.
  771         (c)Curfew reductions.
  772         (d)Increased community service.
  773         (e)Additional evaluations.
  774         (f)Addition of electronic monitoring.
  775         (3)The graduated response matrix shall be adopted in rule
  776  by the department.
  777         Section 15. Section 985.439, Florida Statutes, is amended
  778  to read:
  779         985.439 Violation of probation or postcommitment
  780  probation.—
  781         (1)(a) This section is applicable when the court has
  782  jurisdiction over a child on probation or postcommitment
  783  probation, regardless of adjudication.
  784         (b) If the conditions of the probation program or the
  785  postcommitment probation program are violated, the department or
  786  the state attorney may bring the child before the court on a
  787  petition alleging a violation of the program. A child who
  788  violates the conditions of probation or postcommitment probation
  789  must be brought before the court if sanctions are sought.
  790         (c)Upon receiving notice of a violation of probation from
  791  the department, the state attorney must file the violation
  792  within 5 days or provide in writing to the department and the
  793  court the reason as to why he or she is not filing.
  794         (2) A child taken into custody under s. 985.101 for
  795  violating the conditions of probation shall be screened and
  796  detained or released based on his or her risk assessment
  797  instrument score.
  798         (3) If the child denies violating the conditions of
  799  probation or postcommitment probation, the court shall, upon the
  800  child’s request, appoint counsel to represent the child.
  801         (4) Upon the child’s admission, or if the court finds after
  802  a hearing that the child has violated the conditions of
  803  probation or postcommitment probation, the court shall enter an
  804  order revoking, modifying, or continuing probation or
  805  postcommitment probation. In each such case, the court shall
  806  enter a new disposition order and, in addition to the sanctions
  807  set forth in this section, may impose any sanction the court
  808  could have imposed at the original disposition hearing. If the
  809  child is found to have violated the conditions of probation or
  810  postcommitment probation, the court may:
  811         (a) Place the child in supervised release detention with
  812  electronic monitoring.
  813         (b) If the violation of probation is technical in nature
  814  and not a new violation of law, place the child in an
  815  alternative consequence program designed to provide swift and
  816  appropriate consequences to any further violations of probation.
  817         1.Alternative consequence programs shall be established,
  818  within existing resources, at the local level in coordination
  819  with law enforcement agencies, the chief judge of the circuit,
  820  the state attorney, and the public defender.
  821         2.Alternative consequence programs may be operated by an
  822  entity such as a law enforcement agency, the department, a
  823  juvenile assessment center, a county or municipality, or another
  824  entity selected by the department.
  825         3.Upon placing a child in an alternative consequence
  826  program, the court must approve specific consequences for
  827  specific violations of the conditions of probation.
  828         (c) Modify or continue the child’s probation program or
  829  postcommitment probation program.
  830         (d) Revoke probation or postcommitment probation and commit
  831  the child to the department.
  832         (e)Allow the department to place a child on electronic
  833  monitoring for a violation of probation if it determines doing
  834  so will preserve and protect public safety.
  835         (5) Upon the recommendation of the department at the time
  836  of disposition, or subsequent to disposition pursuant to the
  837  filing of a petition alleging a violation of the child’s
  838  conditions of postcommitment probation, the court may order the
  839  child to submit to random testing for the purpose of detecting
  840  and monitoring the use of alcohol or controlled substances.
  841         Section 16. Subsection (2) of section 985.441, Florida
  842  Statutes, is amended to read:
  843         985.441 Commitment.—
  844         (2) Notwithstanding subsection (1), the court having
  845  jurisdiction over an adjudicated delinquent child whose offense
  846  is a misdemeanor, other than a violation of s. 790.22(3), or a
  847  child who is currently on probation for a misdemeanor, other
  848  than a violation of s. 790.22(3), may not commit the child for
  849  any misdemeanor offense or any probation violation that is
  850  technical in nature and not a new violation of law at a
  851  restrictiveness level other than minimum-risk nonresidential.
  852  However, the court may commit such child to a nonsecure
  853  residential placement if:
  854         (a) The child has previously been adjudicated or had
  855  adjudication withheld for a felony offense;
  856         (b) The child has previously been adjudicated or had
  857  adjudication withheld for three or more misdemeanor offenses
  858  within the previous 18 months;
  859         (c) The child is before the court for disposition for a
  860  violation of s. 800.03, s. 806.031, or s. 828.12; or
  861         (d) The court finds by a preponderance of the evidence that
  862  the protection of the public requires such placement or that the
  863  particular needs of the child would be best served by such
  864  placement. Such finding must be in writing.
  865         Section 17. Subsection (5) is added to section 985.455,
  866  Florida Statutes, to read:
  867         985.455 Other dispositional issues.—
  868         (5)If the court orders revocation or suspension of a
  869  child’s driver license as part of a disposition, the court may,
  870  upon finding a compelling circumstance to warrant an exception,
  871  direct the Department of Highway Safety and Motor Vehicles to
  872  issue a license for driving privileges restricted to business or
  873  employment purposes only, as defined in s. 322.271.
  874         Section 18. Subsections (2), (3), and (5) of section
  875  985.46, Florida Statutes, are amended, and subsection (6) is
  876  added to that section, to read:
  877         985.46 Conditional release.—
  878         (2) It is the intent of the Legislature that:
  879         (a) Commitment programs include rehabilitative efforts on
  880  preparing committed juveniles for a successful release to the
  881  community.
  882         (b) Conditional release transition planning begins as early
  883  in the commitment process as possible.
  884         (c) Each juvenile committed to a residential commitment
  885  program receive conditional release services be assessed to
  886  determine the need for conditional release services upon release
  887  from the commitment program unless the juvenile is directly
  888  released by the court.
  889         (3) For juveniles referred or committed to the department,
  890  the function of the department may include, but shall not be
  891  limited to, supervising each juvenile on conditional release
  892  when assessing each juvenile placed in a residential commitment
  893  program to determine the need for conditional release services
  894  upon release from the program, supervising the juvenile when
  895  released into the community from a residential commitment
  896  facility of the department, providing such counseling and other
  897  services as may be necessary for the families and assisting
  898  their preparations for the return of the child. Subject to
  899  specific appropriation, the department shall provide for
  900  outpatient sexual offender counseling for any juvenile sexual
  901  offender released from a residential commitment program as a
  902  component of conditional release.
  903         (5)Conditional release supervision shall contain, at a
  904  minimum, the following conditions:
  905         (a)(5) Participation in the educational program by students
  906  of compulsory school attendance age pursuant to s. 1003.21(1)
  907  and (2)(a) is mandatory for juvenile justice youth on
  908  conditional release or postcommitment probation status. A
  909  student of noncompulsory school-attendance age who has not
  910  received a high school diploma or its equivalent must
  911  participate in an educational program or career and technical
  912  education course of study. A youth who has received a high
  913  school diploma or its equivalent and is not employed must
  914  participate in workforce development or other career or
  915  technical education or attend a community college or a
  916  university while in the program, subject to available funding.
  917         (b)A curfew.
  918         (c)A prohibition on contact with victims, co-defendants,
  919  or known gang members.
  920         (d)A prohibition on use of controlled substances.
  921         (e)A prohibition on possession of firearms.
  922         (6)A youth who violates the terms of his or her
  923  conditional release shall be assessed using the graduated
  924  response matrix as described in s. 985.438. A youth who fails to
  925  move into compliance shall be recommitted to a residential
  926  facility.
  927         Section 19. Paragraph (c) of subsection (1) of section
  928  985.48, Florida Statutes, is amended to read:
  929         985.48 Juvenile sexual offender commitment programs; sexual
  930  abuse intervention networks.—
  931         (1) In order to provide intensive treatment and
  932  psychological services to a juvenile sexual offender committed
  933  to the department, it is the intent of the Legislature to
  934  establish programs and strategies to effectively respond to
  935  juvenile sexual offenders. In designing programs for juvenile
  936  sexual offenders, it is the further intent of the Legislature to
  937  implement strategies that include:
  938         (c) Providing intensive postcommitment supervision of
  939  juvenile sexual offenders who are released into the community
  940  with terms and conditions which may include electronic
  941  monitoring of a juvenile sexual offender for the purpose of
  942  enhancing public safety.
  943         Section 20. Paragraph (a) of subsection (6) of section
  944  985.4815, Florida Statutes, is amended to read:
  945         985.4815 Notification to Department of Law Enforcement of
  946  information on juvenile sexual offenders.—
  947         (6)(a) The information provided to the Department of Law
  948  Enforcement must include the following:
  949         1. The information obtained from the sexual offender under
  950  subsection (4).
  951         2. The sexual offender’s most current address and place of
  952  permanent, temporary, or transient residence within the state or
  953  out of state, and address, location or description, and dates of
  954  any current or known future temporary residence within the state
  955  or out of state, while the sexual offender is in the care or
  956  custody or under the jurisdiction or supervision of the
  957  department in this state, including the name of the county or
  958  municipality in which the offender permanently or temporarily
  959  resides, or has a transient residence, and address, location or
  960  description, and dates of any current or known future temporary
  961  residence within the state or out of state; and, if known, the
  962  intended place of permanent, temporary, or transient residence,
  963  and address, location or description, and dates of any current
  964  or known future temporary residence within the state or out of
  965  state upon satisfaction of all sanctions.
  966         3. The legal status of the sexual offender and the
  967  scheduled termination date of that legal status.
  968         4. The location of, and local telephone number for, any
  969  department office that is responsible for supervising the sexual
  970  offender.
  971         5. An indication of whether the victim of the offense that
  972  resulted in the offender’s status as a sexual offender was a
  973  minor.
  974         6. The offense or offenses at adjudication and disposition
  975  that resulted in the determination of the offender’s status as a
  976  sex offender.
  977         7. A digitized photograph of the sexual offender, which
  978  must have been taken within 60 days before the offender was
  979  released from the custody of the department or a private
  980  correctional facility by expiration of sentence under s.
  981  944.275, or within 60 days after the onset of the department’s
  982  supervision of any sexual offender who is on probation,
  983  postcommitment probation, residential commitment, nonresidential
  984  commitment, licensed child-caring commitment, community control,
  985  conditional release, parole, provisional release, or control
  986  release or who is supervised by the department under the
  987  Interstate Compact Agreement for Probationers and Parolees. If
  988  the sexual offender is in the custody of a private correctional
  989  facility, the facility shall take a digitized photograph of the
  990  sexual offender within the time period provided in this
  991  subparagraph and shall provide the photograph to the department.
  992         Section 21. Subsection (11) of section 985.601, Florida
  993  Statutes, is renumbered as subsection (12), and a new subsection
  994  (11) is added to that section, to read:
  995         985.601 Administering the juvenile justice continuum.—
  996         (11)The department shall establish a class focused on the
  997  risk and consequences of youthful firearm offending which shall
  998  be provided by the department to any youth who has been
  999  adjudicated or had adjudication withheld for any offense
 1000  involving the use or possession of a firearm.
 1001         Section 22. Section 985.711, Florida Statutes, is amended
 1002  to read:
 1003         985.711 Introduction, removal, or possession of certain
 1004  articles unlawful; penalty.—
 1005         (1)(a) Except as authorized through program policy or
 1006  operating procedure or as authorized by the facility
 1007  superintendent, program director, or manager, a person may not
 1008  introduce into or upon the grounds of a juvenile detention
 1009  facility or commitment program, or take or send, or attempt to
 1010  take or send, from a juvenile detention facility or commitment
 1011  program, any of the following articles, which are declared to be
 1012  contraband under this section:
 1013         1. Any unauthorized article of food or clothing given or
 1014  transmitted, or intended to be given or transmitted, to any
 1015  youth in a juvenile detention facility or commitment program.
 1016         2. Any intoxicating beverage or any beverage that causes or
 1017  may cause an intoxicating effect.
 1018         3. Any controlled substance as defined in s. 893.02(4),
 1019  marijuana as defined in s. 381.986, hemp as defined in s.
 1020  581.217, industrial hemp as defined in s. 1004.4473, or any
 1021  prescription or nonprescription drug that has a hypnotic,
 1022  stimulating, or depressing effect.
 1023         4. Any firearm or weapon of any kind or any explosive
 1024  substance.
 1025         5. Any cellular telephone or other portable communication
 1026  device as described in s. 944.47(1)(a)6., intentionally and
 1027  unlawfully introduced inside the secure perimeter of any
 1028  juvenile detention facility or commitment program. As used in
 1029  this subparagraph, the term “portable communication device” does
 1030  not include any device that has communication capabilities which
 1031  has been approved or issued by the facility superintendent,
 1032  program director, or manager.
 1033         6. Any vapor-generating electronic device as defined in s.
 1034  386.203, intentionally and unlawfully introduced inside the
 1035  secure perimeter of any juvenile detention facility or
 1036  commitment program.
 1037         7.Any currency or coin given or transmitted, or intended
 1038  to be given or transmitted, to any youth in any juvenile
 1039  detention facility or commitment program.
 1040         8.Any cigarettes, as defined in s. 210.01(1) or tobacco
 1041  products, as defined in s. 210.25, given, or intended to be
 1042  given, to any youth in a juvenile detention facility or
 1043  commitment program.
 1044         (b) A person may not transmit contraband to, cause
 1045  contraband to be transmitted to or received by, attempt to
 1046  transmit contraband to, or attempt to cause contraband to be
 1047  transmitted to or received by, a juvenile offender into or upon
 1048  the grounds of a juvenile detention facility or commitment
 1049  program, except as authorized through program policy or
 1050  operating procedures or as authorized by the facility
 1051  superintendent, program director, or manager.
 1052         (c) A juvenile offender or any person, while upon the
 1053  grounds of a juvenile detention facility or commitment program,
 1054  may not be in actual or constructive possession of any article
 1055  or thing declared to be contraband under this section, except as
 1056  authorized through program policy or operating procedures or as
 1057  authorized by the facility superintendent, program director, or
 1058  manager.
 1059         (d)Department staff may use canine units on the grounds of
 1060  a juvenile detention facility or commitment program to locate
 1061  and seize contraband and ensure security within such facility or
 1062  program.
 1063         (2)(a)Any person who violates this section as it pertains
 1064  to an article of contraband described in subparagraph (1)(a)1.
 1065  commits a felony of the third degree, punishable as provided in
 1066  s. 775.082, s. 775.083, or s. 775.084.
 1067         (b)Any person who violates this section as it pertains to
 1068  an article of contraband described in subparagraph (1)(a)5. or
 1069  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
 1070  punishable as provided in s. 775.082 or s. 775.083.
 1071         (c)In all other cases, A person who violates this section
 1072  commits a felony of the second degree, punishable as provided in
 1073  s. 775.082, s. 775.083, or s. 775.084.
 1074         Section 23. Paragraph (c) of subsection (2) of section
 1075  1002.221, Florida Statutes, is amended to read:
 1076         1002.221 K-12 education records; public records exemption.—
 1077         (2)
 1078         (c) In accordance with the FERPA and the federal
 1079  regulations issued pursuant to the FERPA, an agency or
 1080  institution, as defined in s. 1002.22, may release a student’s
 1081  education records without written consent of the student or
 1082  parent to parties to an interagency agreement among the
 1083  Department of Juvenile Justice, the school, law enforcement
 1084  authorities, and other signatory agencies. Information provided
 1085  pursuant to an interagency agreement may be used for proceedings
 1086  initiated under chapter 984 or chapter 985 in furtherance of an
 1087  interagency agreement is intended solely for use in determining
 1088  the appropriate programs and services for each juvenile or the
 1089  juvenile’s family, or for coordinating the delivery of the
 1090  programs and services, and as such is inadmissible in any court
 1091  proceeding before a dispositional hearing unless written consent
 1092  is provided by a parent or other responsible adult on behalf of
 1093  the juvenile.
 1094         Section 24. Paragraph (b) of subsection (3) of section
 1095  943.051, Florida Statutes, is amended to read:
 1096         943.051 Criminal justice information; collection and
 1097  storage; fingerprinting.—
 1098         (3)
 1099         (b) A minor who is charged with or found to have committed
 1100  the following offenses shall be fingerprinted and the
 1101  fingerprints shall be submitted electronically to the
 1102  department, unless the minor is issued a prearrest delinquency
 1103  civil citation pursuant to s. 985.12:
 1104         1. Assault, as defined in s. 784.011.
 1105         2. Battery, as defined in s. 784.03.
 1106         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1107         4. Unlawful use of destructive devices or bombs, as defined
 1108  in s. 790.1615(1).
 1109         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1110         6. Assault or battery on a law enforcement officer, a
 1111  firefighter, or other specified officers, as defined in s.
 1112  784.07(2)(a) and (b).
 1113         7. Open carrying of a weapon, as defined in s. 790.053.
 1114         8. Exposure of sexual organs, as defined in s. 800.03.
 1115         9. Unlawful possession of a firearm, as defined in s.
 1116  790.22(5).
 1117         10. Petit theft, as defined in s. 812.014(3).
 1118         11. Cruelty to animals, as defined in s. 828.12(1).
 1119         12. Arson, as defined in s. 806.031(1).
 1120         13. Unlawful possession or discharge of a weapon or firearm
 1121  at a school-sponsored event or on school property, as provided
 1122  in s. 790.115.
 1123         Section 25. Paragraph (b) of subsection (1) of section
 1124  985.11, Florida Statutes, is amended to read:
 1125         985.11 Fingerprinting and photographing.—
 1126         (1)
 1127         (b) Unless the child is issued a prearrest delinquency
 1128  civil citation or is participating in a similar diversion
 1129  program pursuant to s. 985.12, a child who is charged with or
 1130  found to have committed one of the following offenses shall be
 1131  fingerprinted, and the fingerprints shall be submitted to the
 1132  Department of Law Enforcement as provided in s. 943.051(3)(b):
 1133         1. Assault, as defined in s. 784.011.
 1134         2. Battery, as defined in s. 784.03.
 1135         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1136         4. Unlawful use of destructive devices or bombs, as defined
 1137  in s. 790.1615(1).
 1138         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1139         6. Assault on a law enforcement officer, a firefighter, or
 1140  other specified officers, as defined in s. 784.07(2)(a).
 1141         7. Open carrying of a weapon, as defined in s. 790.053.
 1142         8. Exposure of sexual organs, as defined in s. 800.03.
 1143         9. Unlawful possession of a firearm, as defined in s.
 1144  790.22(5).
 1145         10. Petit theft, as defined in s. 812.014.
 1146         11. Cruelty to animals, as defined in s. 828.12(1).
 1147         12. Arson, resulting in bodily harm to a firefighter, as
 1148  defined in s. 806.031(1).
 1149         13. Unlawful possession or discharge of a weapon or firearm
 1150  at a school-sponsored event or on school property as defined in
 1151  s. 790.115.
 1152  
 1153  A law enforcement agency may fingerprint and photograph a child
 1154  taken into custody upon probable cause that such child has
 1155  committed any other violation of law, as the agency deems
 1156  appropriate. Such fingerprint records and photographs shall be
 1157  retained by the law enforcement agency in a separate file, and
 1158  these records and all copies thereof must be marked “Juvenile
 1159  Confidential.” These records are not available for public
 1160  disclosure and inspection under s. 119.07(1) except as provided
 1161  in ss. 943.053 and 985.04(2), but shall be available to other
 1162  law enforcement agencies, criminal justice agencies, state
 1163  attorneys, the courts, the child, the parents or legal
 1164  custodians of the child, their attorneys, and any other person
 1165  authorized by the court to have access to such records. In
 1166  addition, such records may be submitted to the Department of Law
 1167  Enforcement for inclusion in the state criminal history records
 1168  and used by criminal justice agencies for criminal justice
 1169  purposes. These records may, in the discretion of the court, be
 1170  open to inspection by anyone upon a showing of cause. The
 1171  fingerprint and photograph records shall be produced in the
 1172  court whenever directed by the court. Any photograph taken
 1173  pursuant to this section may be shown by a law enforcement
 1174  officer to any victim or witness of a crime for the purpose of
 1175  identifying the person who committed such crime.
 1176         Section 26. Paragraph (n) of subsection (2) of section
 1177  1006.07, Florida Statutes, is amended to read:
 1178         1006.07 District school board duties relating to student
 1179  discipline and school safety.—The district school board shall
 1180  provide for the proper accounting for all students, for the
 1181  attendance and control of students at school, and for proper
 1182  attention to health, safety, and other matters relating to the
 1183  welfare of students, including:
 1184         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1185  conduct for elementary schools and a code of student conduct for
 1186  middle and high schools and distribute the appropriate code to
 1187  all teachers, school personnel, students, and parents, at the
 1188  beginning of every school year. Each code shall be organized and
 1189  written in language that is understandable to students and
 1190  parents and shall be discussed at the beginning of every school
 1191  year in student classes, school advisory council meetings, and
 1192  parent and teacher association or organization meetings. Each
 1193  code shall be based on the rules governing student conduct and
 1194  discipline adopted by the district school board and shall be
 1195  made available in the student handbook or similar publication.
 1196  Each code shall include, but is not limited to:
 1197         (n) Criteria for recommending to law enforcement that a
 1198  student who commits a criminal offense be allowed to participate
 1199  in a prearrest delinquency citation civil citation or similar
 1200  prearrest diversion program as an alternative to expulsion or
 1201  arrest. All prearrest delinquency citation civil citation or
 1202  similar prearrest diversion programs must comply with s. 985.12.
 1203         Section 27. This act shall take effect July 1, 2024.
 1204  
 1205  ================= T I T L E  A M E N D M E N T ================
 1206  And the title is amended as follows:
 1207         Delete everything before the enacting clause
 1208  and insert:
 1209                        A bill to be entitled                      
 1210         An act relating to juvenile justice; amending s.
 1211         790.115, F.S.; removing a provision requiring
 1212         specified treatment of minors charged with possessing
 1213         or discharging a firearm on school property; amending
 1214         s. 790.22, F.S.; revising penalties for minors
 1215         committing specified firearms violations; removing
 1216         provisions concerning minors charged with or convicted
 1217         of certain firearms offenses; amending 901.15; adding
 1218         possession of a firearm by a minor to the list of
 1219         crimes for which a warrant is not needed for arrest;
 1220         amending s. 985.101, F.S.; conforming provisions to
 1221         changes made by the act; amending s. 985.12, F.S.;
 1222         redesignating civil citation programs as prearrest
 1223         delinquency citation programs; revising program
 1224         requirements; providing that certain existing programs
 1225         meeting certain requirements shall be deemed
 1226         authorized; amending s. 985.125, F.S.; conforming
 1227         provisions to changes made by the act; amending s.
 1228         985.126, F.S.; requiring the Department of Juvenile
 1229         Justice to publish a quarterly report concerning
 1230         entities using delinquency citations for less than a
 1231         specified amount of eligible offenses; amending s.
 1232         985.245, F.S.; conforming provisions to changes made
 1233         by the act; amending s. 985.25, F.S.; requiring that
 1234         youths who are arrested for certain electronic
 1235         monitoring violations be placed in secure detention
 1236         until a detention hearing; requiring that a child on
 1237         probation for an underlying felony firearm offense who
 1238         is taken into custody be placed in secure detention;
 1239         providing for renewal of secure detention periods in
 1240         certain circumstances; amending s. 985.255, F.S.;
 1241         providing that when there is probable cause that a
 1242         child committed one of a specified list of offenses
 1243         that he or she is presumed to be a risk to public
 1244         safety and danger to the community and must be held in
 1245         secure a detention before an adjudicatory hearing;
 1246         providing requirements for release of such a child
 1247         despite the presumption; revising language concerning
 1248         the use of risk assessments; amending s. 985.26, F.S.;
 1249         revising requirements for holding a child in secure
 1250         detention for more than 21 days; amending s. 985.433,
 1251         F.S.; requiring conditional release conditions for
 1252         children released after confinement for specified
 1253         firearms offenses; requiring specified sanctions for
 1254         certain children adjudicated for certain firearms
 1255         offenses who are not committed to a residential
 1256         program; providing that children who previously have
 1257         had adjudication withheld for certain offenses my not
 1258         have adjudication withheld for specified offenses;
 1259         amending s. 985.435, F.S.; conforming provisions to
 1260         changes made by the act; creating s. 985.438, F.S.;
 1261         requiring the Department of Juvenile Justice to create
 1262         and administer a graduated response matrix to hold
 1263         youths accountable to the terms of their court ordered
 1264         probation and the terms of their conditional release;
 1265         providing requirements for the matrix; amending s.
 1266         985.439, F.S.; requiring a state attorney to file a
 1267         probation violation within a specified period or
 1268         inform the court and the Department of Juvenile
 1269         Justice why such violation is not filed; removing
 1270         provisions concerning an alternative consequence
 1271         program; allowing placement of electronic monitoring
 1272         for probation violations in certain circumstances;
 1273         amending s. 985.441, F.S.; adding an exception to the
 1274         prohibition against committing certain children to a
 1275         residential program; amending s. 985.455, F.S.;
 1276         authorizing a court to make an exception to an order
 1277         of revocation or suspension of driving privileges in
 1278         certain circumstances; amending s. 985.46, F.S.;
 1279         revising legislative intent concerning conditional
 1280         release; revising the conditions of conditional
 1281         release; providing for assessment of conditional
 1282         release violations and possible recommitment of
 1283         violators; amending ss. 985.48 and 985.4815, F.S.;
 1284         conforming provisions to changes made by the act;
 1285         amending s. 985.601, F.S.; requiring the Department of
 1286         Juvenile Justice to establish a specified class for
 1287         firearms offenders; amending s. 985.711, F.S.;
 1288         revising provisions concerning introduction of
 1289         contraband into department facilities; authorizing
 1290         department staff to use canine units on the grounds of
 1291         juvenile detention facilities and commitment programs
 1292         for specified purposes; revising criminal penalties
 1293         for violations; amending s. 1002.221, F.S.; revising
 1294         provisions concerning educational records for certain
 1295         purposes; amending ss. 943.051, 985.11, and 1006.07,
 1296         F.S.; conforming provisions to changes made by the
 1297         act; providing an effective date.