Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for HB 1181
Ì905978dÎ905978
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 2/RE/2R .
03/07/2024 05:57 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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., and:
83 (b) In addition to the penalties for a violation of
84 subsection (3):
85 1. If the minor is eligible by reason of age for a driver
86 license or driving privilege, the court may direct the
87 Department of Highway Safety and Motor Vehicles to revoke or to
88 withhold issuance of the minor’s driver license or driving
89 privilege for up to 1 year for a first offense and up to 2 years
90 for a second or subsequent offense.
91 2. If the minor’s driver license or driving privilege is
92 under suspension or revocation for any reason, the court may
93 direct the Department of Highway Safety and Motor Vehicles to
94 extend the period of suspension or revocation by an additional
95 period of up to 1 year for a first offense and up to 2 years for
96 a second or subsequent offense.
97 3. If the minor is ineligible by reason of age for a driver
98 license or driving privilege, the court may direct the
99 Department of Highway Safety and Motor Vehicles to withhold
100 issuance of the minor’s driver license or driving privilege for
101 up to 1 year 2 years after the date on which the minor would
102 otherwise have become eligible and up to 2 years for a second or
103 subsequent offense.
104
105 For the purposes of this subsection, community service shall be
106 performed, if possible, in a manner involving a hospital
107 emergency room or other medical environment that deals on a
108 regular basis with trauma patients and gunshot wounds.
109 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
110 is charged with an offense that involves the use or possession
111 of a firearm, including a violation of subsection (3), or is
112 charged for any offense during the commission of which the minor
113 possessed a firearm, the minor shall be detained in secure
114 detention, unless the state attorney authorizes the release of
115 the minor, and shall be given a hearing within 24 hours after
116 being taken into custody. At the hearing, the court may order
117 that the minor continue to be held in secure detention in
118 accordance with the applicable time periods specified in s.
119 985.26(1)-(5), if the court finds that the minor meets the
120 criteria specified in s. 985.255, or if the court finds by clear
121 and convincing evidence that the minor is a clear and present
122 danger to himself or herself or the community. The Department of
123 Juvenile Justice shall prepare a form for all minors charged
124 under this subsection which states the period of detention and
125 the relevant demographic information, including, but not limited
126 to, the gender, age, and race of the minor; whether or not the
127 minor was represented by private counsel or a public defender;
128 the current offense; and the minor’s complete prior record,
129 including any pending cases. The form shall be provided to the
130 judge for determining whether the minor should be continued in
131 secure detention under this subsection. An order placing a minor
132 in secure detention because the minor is a clear and present
133 danger to himself or herself or the community must be in
134 writing, must specify the need for detention and the benefits
135 derived by the minor or the community by placing the minor in
136 secure detention, and must include a copy of the form provided
137 by the department.
138 (9) Notwithstanding s. 985.245, if the minor is found to
139 have committed an offense that involves the use or possession of
140 a firearm, as defined in s. 790.001, other than a violation of
141 subsection (3), or an offense during the commission of which the
142 minor possessed a firearm, and the minor is not committed to a
143 residential commitment program of the Department of Juvenile
144 Justice, in addition to any other punishment provided by law,
145 the court shall order:
146 (a) For a first offense, that the minor shall serve a
147 minimum period of detention of 15 days in a secure detention
148 facility; and
149 1. Perform 100 hours of community service; and may
150 2. Be placed on community control or in a nonresidential
151 commitment program.
152 (b) For a second or subsequent offense, that the minor
153 shall serve a mandatory period of detention of at least 21 days
154 in a secure detention facility; and
155 1. Perform not less than 100 nor more than 250 hours of
156 community service; and may
157 2. Be placed on community control or in a nonresidential
158 commitment program.
159
160 The minor shall not receive credit for time served before
161 adjudication. For the purposes of this subsection, community
162 service shall be performed, if possible, in a manner involving a
163 hospital emergency room or other medical environment that deals
164 on a regular basis with trauma patients and gunshot wounds.
165 (10) If a minor is found to have committed an offense under
166 subsection (9), the court shall impose the following penalties
167 in addition to any penalty imposed under paragraph (9)(a) or
168 paragraph (9)(b):
169 (a) For a first offense:
170 1. If the minor is eligible by reason of age for a driver
171 license or driving privilege, the court may direct the
172 Department of Highway Safety and Motor Vehicles to revoke or to
173 withhold issuance of the minor’s driver license or driving
174 privilege for up to 1 year.
175 2. If the minor’s driver license or driving privilege is
176 under suspension or revocation for any reason, the court may
177 direct the Department of Highway Safety and Motor Vehicles to
178 extend the period of suspension or revocation by an additional
179 period for up to 1 year.
180 3. If the minor is ineligible by reason of age for a driver
181 license or driving privilege, the court may direct the
182 Department of Highway Safety and Motor Vehicles to withhold
183 issuance of the minor’s driver license or driving privilege for
184 up to 1 year after the date on which the minor would otherwise
185 have become eligible.
186 (b) For a second or subsequent offense:
187 1. If the minor is eligible by reason of age for a driver
188 license or driving privilege, the court may direct the
189 Department of Highway Safety and Motor Vehicles to revoke or to
190 withhold issuance of the minor’s driver license or driving
191 privilege for up to 2 years.
192 2. If the minor’s driver license or driving privilege is
193 under suspension or revocation for any reason, the court may
194 direct the Department of Highway Safety and Motor Vehicles to
195 extend the period of suspension or revocation by an additional
196 period for up to 2 years.
197 3. If the minor is ineligible by reason of age for a driver
198 license or driving privilege, the court may direct the
199 Department of Highway Safety and Motor Vehicles to withhold
200 issuance of the minor’s driver license or driving privilege for
201 up to 2 years after the date on which the minor would otherwise
202 have become eligible.
203 Section 3. Subsection (9) of section 901.15, Florida
204 Statutes, is amended to read:
205 901.15 When arrest by officer without warrant is lawful.—A
206 law enforcement officer may arrest a person without a warrant
207 when:
208 (9) There is probable cause to believe that the person has
209 committed:
210 (a) Any battery upon another person, as defined in s.
211 784.03.
212 (b) An act of criminal mischief or a graffiti-related
213 offense as described in s. 806.13.
214 (c) A violation of a safety zone, security zone, regulated
215 navigation area, or naval vessel protection zone as described in
216 s. 327.461.
217 (d) A racing, street takeover, or stunt driving violation
218 as described in s. 316.191(2).
219 (e) An exposure of sexual organs in violation of s. 800.03.
220 (f) Possession of a firearm by a minor in violation of s.
221 790.22(3).
222 Section 4. Paragraph (d) of subsection (1) of section
223 985.101, Florida Statutes, is amended to read:
224 985.101 Taking a child into custody.—
225 (1) A child may be taken into custody under the following
226 circumstances:
227 (d) By a law enforcement officer who has probable cause to
228 believe that the child is in violation of the conditions of the
229 child’s probation, supervised release detention, postcommitment
230 probation, or conditional release supervision; has absconded
231 from nonresidential commitment; or has escaped from residential
232 commitment.
233
234 Nothing in this subsection shall be construed to allow the
235 detention of a child who does not meet the detention criteria in
236 part V.
237 Section 5. Section 985.12, Florida Statutes, is amended to
238 read:
239 985.12 Prearrest delinquency Civil citation or similar
240 prearrest diversion programs.—
241 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
242 that the creation and implementation of any prearrest
243 delinquency civil citation or similar prearrest diversion
244 programs at the judicial circuit level promotes public safety,
245 aids interagency cooperation, and provides the greatest chance
246 of success for prearrest delinquency civil citation and similar
247 prearrest diversion programs. The Legislature further finds that
248 the widespread use of prearrest delinquency civil citation and
249 similar prearrest diversion programs has a positive effect on
250 the criminal justice system by immediately holding youth
251 accountable for their actions and contributes to an overall
252 reduction in the crime rate and recidivism in the state. The
253 Legislature encourages but does not mandate that counties,
254 municipalities, and public or private educational institutions
255 participate in a prearrest delinquency civil citation or similar
256 prearrest diversion program created by their judicial circuit
257 under this section.
258 (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
259 PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
260 OPERATION.—
261 (a) A prearrest delinquency civil citation or similar
262 prearrest diversion program for misdemeanor offenses shall be
263 established in each judicial circuit in the state. The state
264 attorney and public defender of each circuit, the clerk of the
265 court for each county in the circuit, and representatives of
266 participating law enforcement agencies in the circuit shall
267 create a prearrest delinquency civil citation or similar
268 prearrest diversion program and develop its policies and
269 procedures. In developing the program’s policies and procedures,
270 input from other interested stakeholders may be solicited. The
271 department shall annually develop and provide guidelines on best
272 practice models for prearrest delinquency civil citation or
273 similar prearrest diversion programs to the judicial circuits as
274 a resource.
275 (b) Each judicial circuit’s prearrest delinquency civil
276 citation or similar prearrest diversion program must specify all
277 of the following:
278 1. The misdemeanor offenses that qualify a juvenile for
279 participation in the program. Offenses involving the use or
280 possession of a firearm do not qualify for a prearrest
281 delinquency citation program.;
282 2. The eligibility criteria for the program.;
283 3. The program’s implementation and operation.;
284 4. The program’s requirements, including, but not limited
285 to, the completion of community service hours, payment of
286 restitution, if applicable, classes established by the
287 department or the prearrest delinquency citation program, and
288 intervention services indicated by a needs assessment of the
289 juvenile, approved by the department, such as family counseling,
290 urinalysis monitoring, and substance abuse and mental health
291 treatment services.; and
292 5. A program fee, if any, to be paid by a juvenile
293 participating in the program. If the program imposes a fee, the
294 clerk of the court of the applicable county must receive a
295 reasonable portion of the fee.
296 (c) The state attorney of each circuit shall operate a
297 prearrest delinquency civil citation or similar prearrest
298 diversion program in each circuit. A sheriff, police department,
299 county, municipality, locally authorized entity, or public or
300 private educational institution may continue to operate an
301 independent prearrest delinquency civil citation or similar
302 prearrest diversion program that is in operation as of October
303 1, 2018, if the independent program is reviewed by the state
304 attorney of the applicable circuit and he or she determines that
305 the independent program is substantially similar to the
306 prearrest delinquency civil citation or similar prearrest
307 diversion program developed by the circuit. If the state
308 attorney determines that the independent program is not
309 substantially similar to the prearrest delinquency civil
310 citation or similar prearrest diversion program developed by the
311 circuit, the operator of the independent diversion program may
312 revise the program and the state attorney may conduct an
313 additional review of the independent program. A civil citation
314 or similar prearrest diversion program existing before July 1,
315 2024, shall be deemed a delinquency citation program authorized
316 by this section if the civil citation or similar prearrest
317 diversion program has been approved by the state attorney of the
318 circuit in which it operates and it complies with the
319 requirements in paragraph (2)(b).
320 (d) A judicial circuit may model an existing sheriff’s,
321 police department’s, county’s, municipality’s, locally
322 authorized entity’s, or public or private educational
323 institution’s independent civil citation or similar prearrest
324 diversion program in developing the civil citation or similar
325 prearrest diversion program for the circuit.
326 (d)(e) If a juvenile does not successfully complete the
327 prearrest delinquency civil citation or similar prearrest
328 diversion program, the arresting law enforcement officer shall
329 determine if there is good cause to arrest the juvenile for the
330 original misdemeanor offense and refer the case to the state
331 attorney to determine if prosecution is appropriate or allow the
332 juvenile to continue in the program.
333 (e)(f) Each prearrest delinquency civil citation or similar
334 prearrest diversion program shall enter the appropriate youth
335 data into the Juvenile Justice Information System Prevention Web
336 within 7 days after the admission of the youth into the program.
337 (f)(g) At the conclusion of a juvenile’s prearrest
338 delinquency civil citation or similar prearrest diversion
339 program, the state attorney or operator of the independent
340 program shall report the outcome to the department. The issuance
341 of a prearrest delinquency civil citation or similar prearrest
342 diversion program notice is not considered a referral to the
343 department.
344 (g)(h) Upon issuing a prearrest delinquency civil citation
345 or similar prearrest diversion program notice, the law
346 enforcement officer shall send a copy of the prearrest
347 delinquency civil citation or similar prearrest diversion
348 program notice to the parent or guardian of the child and to the
349 victim.
350 Section 6. Section 985.125, Florida Statutes, is amended to
351 read:
352 985.125 Prearrest or Postarrest diversion programs.—
353 (1) A law enforcement agency or school district, in
354 cooperation with the state attorney, may establish a prearrest
355 or postarrest diversion program.
356 (2) As part of the prearrest or postarrest diversion
357 program, a child who is alleged to have committed a delinquent
358 act may be required to surrender his or her driver license, or
359 refrain from applying for a driver license, for not more than 90
360 days. If the child fails to comply with the requirements of the
361 program, the state attorney may notify the Department of Highway
362 Safety and Motor Vehicles in writing to suspend the child’s
363 driver license for a period that may not exceed 90 days.
364 Section 7. Subsections (5) and (6) of section 985.126,
365 Florida Statutes, are renumbered as subsections (6) and (7),
366 respectively, subsections (3) and (4) of that section are
367 amended, and a new subsection (5) is added to that section, to
368 read:
369 985.126 Prearrest and postarrest diversion programs; data
370 collection; denial of participation or expunged record.—
371 (3)(a) Beginning October 1, 2018, Each diversion program
372 shall submit data to the department which identifies for each
373 minor participating in the diversion program:
374 1. The race, ethnicity, gender, and age of that minor.
375 2. The offense committed, including the specific law
376 establishing the offense.
377 3. The judicial circuit and county in which the offense was
378 committed and the law enforcement agency that had contact with
379 the minor for the offense.
380 4. Other demographic information necessary to properly
381 register a case into the Juvenile Justice Information System
382 Prevention Web, as specified by the department.
383 (b) Beginning October 1, 2018, Each law enforcement agency
384 shall submit to the department data for every minor charged for
385 the first-time, who is charged with a misdemeanor, and who was
386 that identifies for each minor who was eligible for a diversion
387 program, but was instead referred to the department, provided a
388 notice to appear, or arrested:
389 1. The data required pursuant to paragraph (a).
390 2. Whether the minor was offered the opportunity to
391 participate in a diversion program. If the minor was:
392 a. Not offered such opportunity, the reason such offer was
393 not made.
394 b. Offered such opportunity, whether the minor or his or
395 her parent or legal guardian declined to participate in the
396 diversion program.
397 (c) The data required pursuant to paragraph (a) shall be
398 entered into the Juvenile Justice Information System Prevention
399 Web within 7 days after the youth’s admission into the program.
400 (d) The data required pursuant to paragraph (b) shall be
401 submitted on or with the arrest affidavit or notice to appear.
402 (4) Beginning January 1, 2019, The department shall compile
403 and semiannually publish the data required by subsection (3) on
404 the department’s website in a format that is, at a minimum,
405 sortable by judicial circuit, county, law enforcement agency,
406 race, ethnicity, gender, age, and offense committed.
407 (5) The department shall provide a quarterly report to be
408 published on its website and distributed to the Governor,
409 President of the Senate, and Speaker of the House of
410 Representatives listing the entities that use prearrest
411 delinquency citations for less than 70 percent of first-time
412 misdemeanor offenses.
413 Section 8. Subsection (4) of section 985.245, Florida
414 Statutes, is amended to read:
415 985.245 Risk assessment instrument.—
416 (4) For a child who is under the supervision of the
417 department through probation, supervised release detention,
418 conditional release, postcommitment probation, or commitment and
419 who is charged with committing a new offense, the risk
420 assessment instrument may be completed and scored based on the
421 underlying charge for which the child was placed under the
422 supervision of the department.
423 Section 9. Subsection (1) of section 985.25, Florida
424 Statutes, is amended to read:
425 985.25 Detention intake.—
426 (1) The department shall receive custody of a child who has
427 been taken into custody from the law enforcement agency or court
428 and shall review the facts in the law enforcement report or
429 probable cause affidavit and make such further inquiry as may be
430 necessary to determine whether detention care is appropriate.
431 (a) During the period of time from the taking of the child
432 into custody to the date of the detention hearing, the initial
433 decision as to the child’s placement into detention care shall
434 be made by the department under ss. 985.24 and 985.245(1).
435 (b) The department shall base the decision whether to place
436 the child into detention care on an assessment of risk in
437 accordance with the risk assessment instrument and procedures
438 developed by the department under s. 985.245, except that a
439 child shall be placed in secure detention care until the child’s
440 detention hearing if the child meets the criteria specified in
441 s. 985.255(1)(f), is charged with possessing or discharging a
442 firearm on school property in violation of s. 790.115, or is
443 charged with any other offense involving the possession or use
444 of a firearm.
445 (c) If the final score on the child’s risk assessment
446 instrument indicates detention care is appropriate, but the
447 department otherwise determines the child should be released,
448 the department shall contact the state attorney, who may
449 authorize release.
450 (d) If the final score on the risk assessment instrument
451 indicates detention is not appropriate, the child may be
452 released by the department in accordance with ss. 985.115 and
453 985.13.
454 (e) Notwithstanding any other provision of law, a child who
455 is arrested for violating the terms of his or her electronic
456 monitoring supervision or his or her supervised release shall be
457 placed in secure detention until his or her detention hearing.
458 (f) Notwithstanding any other provision of law, a child on
459 probation for an underlying felony firearm offense in chapter
460 790 and who is taken into custody under s. 985.101 for violating
461 conditions of probation not involving a new law violation shall
462 be held in secure detention to allow the state attorney to
463 review the violation. If, within 21 days, the state attorney
464 notifies the court that commitment will be sought, then the
465 child shall remain in secure detention pending proceedings under
466 s. 985.439 until the initial 21-day period of secure detention
467 has expired. Upon motion of the state attorney, the child may be
468 held for an additional 21-day period if the court finds that the
469 totality of the circumstances, including the preservation of
470 public safety, warrants such extension. Any release from secure
471 detention shall result in the child being held on supervised
472 release with electronic monitoring pending proceedings under s.
473 985.439.
474
475 Under no circumstances shall the department or the state
476 attorney or law enforcement officer authorize the detention of
477 any child in a jail or other facility intended or used for the
478 detention of adults, without an order of the court.
479 Section 10. Paragraph (a) of subsection (1) and subsection
480 (3) of section 985.255, Florida Statutes, are amended, and
481 paragraphs (g) and (h) are added to subsection (1) of that
482 section, to read:
483 985.255 Detention criteria; detention hearing.—
484 (1) Subject to s. 985.25(1), a child taken into custody and
485 placed into detention care shall be given a hearing within 24
486 hours after being taken into custody. At the hearing, the court
487 may order a continued detention status if:
488 (a) The result of the risk assessment instrument pursuant
489 to s. 985.245 indicates secure or supervised release detention
490 or the court makes the findings required under paragraph (3)(b).
491 (g) The court finds probable cause at the detention hearing
492 that the child committed one or more of the following offenses:
493 1. Murder in the first degree under s. 782.04(1)(a).
494 2. Murder in the second degree under s. 782.04(2).
495 3. Armed robbery under s. 812.13(2)(a) that involves the
496 use or possession of a firearm as defined in s. 790.001.
497 4. Armed carjacking under s. 812.133(2)(a) that involves
498 the use or possession of a firearm as defined in s. 790.001.
499 5. Having a firearm while committing a felony under s.
500 790.07(2).
501 6. Armed burglary under s. 810.02(2)(b) that involves the
502 use or possession of a firearm as defined in s. 790.001.
503 7. Delinquent in possession of a firearm under s.
504 790.23(1)(b).
505 8. An attempt to commit any offense listed in this
506 paragraph under s. 777.04.
507 (h) For a child who meets the criteria in paragraph (g):
508 1. There is a presumption that the child presents a risk to
509 public safety and danger to the community and such child must be
510 held in secure detention prior to an adjudicatory hearing,
511 unless the court enters a written order that the child would not
512 present a risk to public safety or a danger to the community if
513 he or she were placed on supervised release detention care.
514 2. The written order releasing a child from secure
515 detention must be based on clear and convincing evidence why the
516 child does not present a risk to public safety or a danger to
517 the community and must list the child’s prior adjudications,
518 dispositions, and prior violations of pretrial release orders. A
519 court releasing a child from secure detention under this
520 subparagraph shall place the child on supervised release
521 detention care with electronic monitoring until the child’s
522 adjudicatory hearing.
523 3. If an adjudicatory hearing has not taken place after 60
524 days of secure detention for a child held in secure detention
525 under this paragraph, the court must prioritize the efficient
526 disposition of cases and hold a review hearing within each
527 successive 7-day review period until the adjudicatory hearing or
528 until the child is placed on supervised release with electronic
529 monitoring under subparagraph 2.
530 4. If the court, under this section, releases a child to
531 supervised release detention care, the court must provide a copy
532 of the written order to the victim, to the law enforcement
533 agency that arrested the child, and to the law enforcement
534 agency with primary jurisdiction over the child’s primary
535 residence.
536 (3)(a) The purpose of the detention hearing required under
537 subsection (1) is to determine the existence of probable cause
538 that the child has committed the delinquent act or violation of
539 law that he or she is charged with and the need for continued
540 detention. The court shall consider use the results of the risk
541 assessment performed by the department and, based on the
542 criteria in subsection (1), shall determine the need for
543 continued detention. If the child is a prolific juvenile
544 offender who is detained under s. 985.26(2)(c), the court shall
545 consider use the results of the risk assessment performed by the
546 department and the criteria in subsection (1) or subsection (2)
547 only to determine whether the prolific juvenile offender should
548 be held in secure detention.
549 (b) If The court may order orders a placement more or less
550 restrictive than indicated by the results of the risk assessment
551 instrument, and, if the court does so, shall state, in writing,
552 clear and convincing reasons for such placement.
553 (c) Except as provided in s. 790.22(8) or s. 985.27, when a
554 child is placed into detention care, or into a respite home or
555 other placement pursuant to a court order following a hearing,
556 the court order must include specific instructions that direct
557 the release of the child from such placement no later than 5
558 p.m. on the last day of the detention period specified in s.
559 985.26 or s. 985.27, whichever is applicable, unless the
560 requirements of such applicable provision have been met or an
561 order of continuance has been granted under s. 985.26(4). If the
562 court order does not include a release date, the release date
563 shall be requested from the court on the same date that the
564 child is placed in detention care. If a subsequent hearing is
565 needed to provide additional information to the court for safety
566 planning, the initial order placing the child in detention care
567 shall reflect the next detention review hearing, which shall be
568 held within 3 calendar days after the child’s initial detention
569 placement.
570 Section 11. Paragraph (b) of subsection (2) of section
571 985.26, Florida Statutes, is amended to read:
572 985.26 Length of detention.—
573 (2)
574 (b) The court may order the child to be held in secure
575 detention beyond 21 days under the following circumstances:
576 1. Upon good cause being shown that the nature of the
577 charge requires additional time for the prosecution or defense
578 of the case or that the totality of the circumstances, including
579 the preservation of public safety, warrants an extension, the
580 court may extend the length of secure detention care for up to
581 an additional 21 days if the child is charged with an offense
582 which, if committed by an adult, would be a capital felony, a
583 life felony, a felony of the first degree or the second degree,
584 a felony of the third degree involving violence against any
585 individual, or any other offense involving the possession or use
586 of a firearm. Except as otherwise provided in subparagraph 2.,
587 the court may continue to extend the period of secure detention
588 care in increments of up to 21 days each by conducting a hearing
589 before the expiration of the current period to determine the
590 need for continued secure detention of the child. At the
591 hearing, the court must make the required findings in writing to
592 extend the period of secure detention. If the court extends the
593 time period for secure detention care, it shall ensure an
594 adjudicatory hearing for the case commences as soon as is
595 reasonably possible considering the totality of the
596 circumstances. The court shall prioritize the efficient
597 disposition of cases in which the child has served 60 or more
598 days in secure detention care.
599 2. When the child is being held in secure detention under
600 s. 985.255(1)(g), and subject to s. 985.255(1)(h).
601 Section 12. Paragraph (d) is added to subsection (7) of
602 section 985.433, Florida Statutes, and subsections (8) and (9)
603 of that section are amended, to read:
604 985.433 Disposition hearings in delinquency cases.—When a
605 child has been found to have committed a delinquent act, the
606 following procedures shall be applicable to the disposition of
607 the case:
608 (7) If the court determines that the child should be
609 adjudicated as having committed a delinquent act and should be
610 committed to the department, such determination shall be in
611 writing or on the record of the hearing. The determination shall
612 include a specific finding of the reasons for the decision to
613 adjudicate and to commit the child to the department, including
614 any determination that the child was a member of a criminal
615 gang.
616 (d) Any child adjudicated by the court and committed to the
617 department under a restrictiveness level described in s.
618 985.03(44)(a)–(d), for any offense or attempted offense
619 involving a firearm must be placed on conditional release, as
620 defined in s. 985.03, for a period of 1 year following his or
621 her release from a commitment program. Such term of conditional
622 release shall include electronic monitoring of the child by the
623 department for the initial 6 months following his or her release
624 and at times and under terms and conditions set by the
625 department.
626 (8) If the court determines not to adjudicate and commit to
627 the department, then the court shall determine what community
628 based sanctions it will impose in a probation program for the
629 child. Community-based sanctions may include, but are not
630 limited to, participation in substance abuse treatment, a day
631 treatment probation program, restitution in money or in kind, a
632 curfew, revocation or suspension of the driver license of the
633 child, community service, and appropriate educational programs
634 as determined by the district school board.
635 (a)1. Where a child is found to have committed an offense
636 that involves the use or possession of a firearm, as defined in
637 s. 790.001, other than a violation of s. 790.22(3), or is found
638 to have committed an offense during the commission of which the
639 child possessed a firearm, and the court has decided not to
640 commit the child to a residential program, the court shall order
641 the child, in addition to any other punishment provided by law,
642 to:
643 a. Serve a period of detention of 30 days in a secure
644 detention facility, with credit for time served in secure
645 detention prior to disposition.
646 b. Perform 100 hours of community service or paid work as
647 determined by the department.
648 c. Be placed on probation for a period of at least 1 year.
649 Such term of probation shall include electronic monitoring of
650 the child by the department at times and under terms and
651 conditions set by the department.
652 2. In addition to the penalties in subparagraph 1., the
653 court may impose the following restrictions upon the child’s
654 driving privileges:
655 a. If the child is eligible by reason of age for a driver
656 license or driving privilege, the court may direct the
657 Department of Highway Safety and Motor Vehicles to revoke or to
658 withhold issuance of the child’s driver license or driving
659 privilege for up to 1 year.
660 b. If the child’s driver license or driving privilege is
661 under suspension or revocation for any reason, the court may
662 direct the Department of Highway Safety and Motor Vehicles to
663 extend the period of suspension or revocation by an additional
664 period for up to 1 year.
665 c. If the child is ineligible by reason of age for a driver
666 license or driving privilege, the court may direct the
667 Department of Highway Safety and Motor Vehicles to withhold
668 issuance of the minor’s driver license or driving privilege for
669 up to 1 year after the date on which the child would otherwise
670 have become eligible.
671
672 For the purposes of this paragraph, community service shall be
673 performed, if possible, in a manner involving a hospital
674 emergency room or other medical environment that deals on a
675 regular basis with trauma patients and gunshot wounds.
676 (b) A child who has previously had adjudication withheld
677 for any of the following offenses shall not be eligible for a
678 second or subsequent withhold of adjudication if he or she is
679 subsequently found to have committed any of the following
680 offenses, and must be adjudicated delinquent and committed to a
681 residential program:
682 1. Armed robbery involving a firearm under s. 812.13(2)(a).
683 2. Armed carjacking under s. 812.133(2)(a) involving the
684 use or possession of a firearm as defined in s. 790.001.
685 3. Having a firearm while committing a felony under s.
686 790.07(2).
687 4. Armed burglary under s. 810.02(2)(b) involving the use
688 or possession of a firearm as defined in s. 790.001.
689 5. Delinquent in possession of a firearm under s.
690 790.23(1)(b).
691 6. An attempt to commit any offense listed in this
692 paragraph under s. 777.04.
693 (9) After appropriate sanctions for the offense are
694 determined, including any minimum sanctions required by this
695 section, the court shall develop, approve, and order a plan of
696 probation that will contain rules, requirements, conditions, and
697 rehabilitative programs, including the option of a day-treatment
698 probation program, that are designed to encourage responsible
699 and acceptable behavior and to promote both the rehabilitation
700 of the child and the protection of the community.
701 Section 13. Subsections (1), (3), and (4) of section
702 985.435, Florida Statutes, are amended to read:
703 985.435 Probation and postcommitment probation; community
704 service.—
705 (1) The court that has jurisdiction over an adjudicated
706 delinquent child may, by an order stating the facts upon which a
707 determination of a sanction and rehabilitative program was made
708 at the disposition hearing, place the child in a probation
709 program or a postcommitment probation program. Such placement
710 must be under the supervision of an authorized agent of the
711 department or of any other person or agency specifically
712 authorized and appointed by the court, whether in the child’s
713 own home, in the home of a relative of the child, or in some
714 other suitable place under such reasonable conditions as the
715 court may direct.
716 (3) A probation program must also include a rehabilitative
717 program component such as a requirement of participation in
718 substance abuse treatment or in a school or career and technical
719 education program. The nonconsent of the child to treatment in a
720 substance abuse treatment program in no way precludes the court
721 from ordering such treatment. Upon the recommendation of the
722 department at the time of disposition, or subsequent to
723 disposition pursuant to the filing of a petition alleging a
724 violation of the child’s conditions of postcommitment probation,
725 the court may order the child to submit to random testing for
726 the purpose of detecting and monitoring the use of alcohol or
727 controlled substances.
728 (4) A probation program must may also include an
729 alternative consequence component to address instances in which
730 a child is noncompliant with technical conditions of his or her
731 probation but has not committed any new violations of law. The
732 alternative consequence component must be aligned with the
733 department’s graduated response matrix as described in s.
734 985.438 Each judicial circuit shall develop, in consultation
735 with judges, the state attorney, the public defender, the
736 regional counsel, relevant law enforcement agencies, and the
737 department, a written plan specifying the alternative
738 consequence component which must be based upon the principle
739 that sanctions must reflect the seriousness of the violation,
740 the assessed criminogenic needs and risks of the child, the
741 child’s age and maturity level, and how effective the sanction
742 or incentive will be in moving the child to compliant behavior.
743 The alternative consequence component is designed to provide
744 swift and appropriate consequences or incentives to a child who
745 is alleged to be noncompliant with or in violation of probation.
746 If the probation program includes this component, specific
747 consequences that apply to noncompliance with specific technical
748 conditions of probation, as well as incentives used to move the
749 child toward compliant behavior, must be detailed in the
750 disposition order.
751 Section 14. Section 985.438, Florida Statutes, is created
752 to read:
753 985.438 Graduated response matrix.—
754 (1) The department shall create and administer a statewide
755 plan to hold youths accountable to the terms of their court
756 ordered probation and the terms of their conditional release.
757 The plan must be based upon the principle that sanctions must
758 reflect the seriousness of the violation, provide immediate
759 accountability for violations, the assessed criminogenic needs
760 and risks of the child, and the child’s age and maturity level.
761 The plan is designed to provide swift and appropriate
762 consequences or incentives to a child who is alleged to be
763 noncompliant with or in violation of his or her probation.
764 (2) The graduated response matrix shall outline sanctions
765 for youth based on their risk to reoffend and shall include, but
766 not be limited to:
767 (a) Increased contacts.
768 (b) Increased drug tests.
769 (c) Curfew reductions.
770 (d) Increased community service.
771 (e) Additional evaluations.
772 (f) Addition of electronic monitoring.
773 (3) The graduated response matrix shall be adopted in rule
774 by the department.
775 Section 15. Section 985.439, Florida Statutes, is amended
776 to read:
777 985.439 Violation of probation or postcommitment
778 probation.—
779 (1)(a) This section is applicable when the court has
780 jurisdiction over a child on probation or postcommitment
781 probation, regardless of adjudication.
782 (b) If the conditions of the probation program or the
783 postcommitment probation program are violated, the department or
784 the state attorney may bring the child before the court on a
785 petition alleging a violation of the program. A child who
786 violates the conditions of probation or postcommitment probation
787 must be brought before the court if sanctions are sought.
788 (c) Upon receiving notice of a violation of probation from
789 the department, the state attorney must file the violation
790 within 5 days or provide in writing to the department and the
791 court the reason as to why he or she is not filing.
792 (2) A child taken into custody under s. 985.101 for
793 violating the conditions of probation shall be screened and
794 detained or released based on his or her risk assessment
795 instrument score.
796 (3) If the child denies violating the conditions of
797 probation or postcommitment probation, the court shall, upon the
798 child’s request, appoint counsel to represent the child.
799 (4) Upon the child’s admission, or if the court finds after
800 a hearing that the child has violated the conditions of
801 probation or postcommitment probation, the court shall enter an
802 order revoking, modifying, or continuing probation or
803 postcommitment probation. In each such case, the court shall
804 enter a new disposition order and, in addition to the sanctions
805 set forth in this section, may impose any sanction the court
806 could have imposed at the original disposition hearing. If the
807 child is found to have violated the conditions of probation or
808 postcommitment probation, the court may:
809 (a) Place the child in supervised release detention with
810 electronic monitoring.
811 (b) If the violation of probation is technical in nature
812 and not a new violation of law, place the child in an
813 alternative consequence program designed to provide swift and
814 appropriate consequences to any further violations of probation.
815 1. Alternative consequence programs shall be established,
816 within existing resources, at the local level in coordination
817 with law enforcement agencies, the chief judge of the circuit,
818 the state attorney, and the public defender.
819 2. Alternative consequence programs may be operated by an
820 entity such as a law enforcement agency, the department, a
821 juvenile assessment center, a county or municipality, or another
822 entity selected by the department.
823 3. Upon placing a child in an alternative consequence
824 program, the court must approve specific consequences for
825 specific violations of the conditions of probation.
826 (c) Modify or continue the child’s probation program or
827 postcommitment probation program.
828 (d) Revoke probation or postcommitment probation and commit
829 the child to the department.
830 (e) Allow the department to place a child on electronic
831 monitoring for a violation of probation if it determines doing
832 so will preserve and protect public safety.
833 (5) Upon the recommendation of the department at the time
834 of disposition, or subsequent to disposition pursuant to the
835 filing of a petition alleging a violation of the child’s
836 conditions of postcommitment probation, the court may order the
837 child to submit to random testing for the purpose of detecting
838 and monitoring the use of alcohol or controlled substances.
839 Section 16. Subsection (2) of section 985.441, Florida
840 Statutes, is amended to read:
841 985.441 Commitment.—
842 (2) Notwithstanding subsection (1), the court having
843 jurisdiction over an adjudicated delinquent child whose offense
844 is a misdemeanor, other than a violation of s. 790.22(3), or a
845 child who is currently on probation for a misdemeanor, other
846 than a violation of s. 790.22(3), may not commit the child for
847 any misdemeanor offense or any probation violation that is
848 technical in nature and not a new violation of law at a
849 restrictiveness level other than minimum-risk nonresidential.
850 However, the court may commit such child to a nonsecure
851 residential placement if:
852 (a) The child has previously been adjudicated or had
853 adjudication withheld for a felony offense;
854 (b) The child has previously been adjudicated or had
855 adjudication withheld for three or more misdemeanor offenses
856 within the previous 18 months;
857 (c) The child is before the court for disposition for a
858 violation of s. 800.03, s. 806.031, or s. 828.12; or
859 (d) The court finds by a preponderance of the evidence that
860 the protection of the public requires such placement or that the
861 particular needs of the child would be best served by such
862 placement. Such finding must be in writing.
863 Section 17. Subsection (5) is added to section 985.455,
864 Florida Statutes, to read:
865 985.455 Other dispositional issues.—
866 (5) If the court orders revocation or suspension of a
867 child’s driver license as part of a disposition, the court may,
868 upon finding a compelling circumstance to warrant an exception,
869 direct the Department of Highway Safety and Motor Vehicles to
870 issue a license for driving privileges restricted to business or
871 employment purposes only, as defined in s. 322.271.
872 Section 18. Subsections (2), (3), and (5) of section
873 985.46, Florida Statutes, are amended, and subsection (6) is
874 added to that section, to read:
875 985.46 Conditional release.—
876 (2) It is the intent of the Legislature that:
877 (a) Commitment programs include rehabilitative efforts on
878 preparing committed juveniles for a successful release to the
879 community.
880 (b) Conditional release transition planning begins as early
881 in the commitment process as possible.
882 (c) Each juvenile committed to a residential commitment
883 program receive conditional release services be assessed to
884 determine the need for conditional release services upon release
885 from the commitment program unless the juvenile is directly
886 released by the court.
887 (3) For juveniles referred or committed to the department,
888 the function of the department may include, but shall not be
889 limited to, supervising each juvenile on conditional release
890 when assessing each juvenile placed in a residential commitment
891 program to determine the need for conditional release services
892 upon release from the program, supervising the juvenile when
893 released into the community from a residential commitment
894 facility of the department, providing such counseling and other
895 services as may be necessary for the families and assisting
896 their preparations for the return of the child. Subject to
897 specific appropriation, the department shall provide for
898 outpatient sexual offender counseling for any juvenile sexual
899 offender released from a residential commitment program as a
900 component of conditional release.
901 (5) Conditional release supervision shall contain, at a
902 minimum, the following conditions:
903 (a)(5) Participation in the educational program by students
904 of compulsory school attendance age pursuant to s. 1003.21(1)
905 and (2)(a) is mandatory for juvenile justice youth on
906 conditional release or postcommitment probation status. A
907 student of noncompulsory school-attendance age who has not
908 received a high school diploma or its equivalent must
909 participate in an educational program or career and technical
910 education course of study. A youth who has received a high
911 school diploma or its equivalent and is not employed must
912 participate in workforce development or other career or
913 technical education or attend a community college or a
914 university while in the program, subject to available funding.
915 (b) A curfew.
916 (c) A prohibition on contact with victims, co-defendants,
917 or known gang members.
918 (d) A prohibition on use of controlled substances.
919 (e) A prohibition on possession of firearms.
920 (6) A youth who violates the terms of his or her
921 conditional release shall be assessed using the graduated
922 response matrix as described in s. 985.438. A youth who fails to
923 move into compliance shall be recommitted to a residential
924 facility.
925 Section 19. Paragraph (c) of subsection (1) of section
926 985.48, Florida Statutes, is amended to read:
927 985.48 Juvenile sexual offender commitment programs; sexual
928 abuse intervention networks.—
929 (1) In order to provide intensive treatment and
930 psychological services to a juvenile sexual offender committed
931 to the department, it is the intent of the Legislature to
932 establish programs and strategies to effectively respond to
933 juvenile sexual offenders. In designing programs for juvenile
934 sexual offenders, it is the further intent of the Legislature to
935 implement strategies that include:
936 (c) Providing intensive postcommitment supervision of
937 juvenile sexual offenders who are released into the community
938 with terms and conditions which may include electronic
939 monitoring of a juvenile sexual offender for the purpose of
940 enhancing public safety.
941 Section 20. Paragraph (a) of subsection (6) of section
942 985.4815, Florida Statutes, is amended to read:
943 985.4815 Notification to Department of Law Enforcement of
944 information on juvenile sexual offenders.—
945 (6)(a) The information provided to the Department of Law
946 Enforcement must include the following:
947 1. The information obtained from the sexual offender under
948 subsection (4).
949 2. The sexual offender’s most current address and place of
950 permanent, temporary, or transient residence within the state or
951 out of state, and address, location or description, and dates of
952 any current or known future temporary residence within the state
953 or out of state, while the sexual offender is in the care or
954 custody or under the jurisdiction or supervision of the
955 department in this state, including the name of the county or
956 municipality in which the offender permanently or temporarily
957 resides, or has a transient residence, and address, location or
958 description, and dates of any current or known future temporary
959 residence within the state or out of state; and, if known, the
960 intended place of permanent, temporary, or transient residence,
961 and address, location or description, and dates of any current
962 or known future temporary residence within the state or out of
963 state upon satisfaction of all sanctions.
964 3. The legal status of the sexual offender and the
965 scheduled termination date of that legal status.
966 4. The location of, and local telephone number for, any
967 department office that is responsible for supervising the sexual
968 offender.
969 5. An indication of whether the victim of the offense that
970 resulted in the offender’s status as a sexual offender was a
971 minor.
972 6. The offense or offenses at adjudication and disposition
973 that resulted in the determination of the offender’s status as a
974 sex offender.
975 7. A digitized photograph of the sexual offender, which
976 must have been taken within 60 days before the offender was
977 released from the custody of the department or a private
978 correctional facility by expiration of sentence under s.
979 944.275, or within 60 days after the onset of the department’s
980 supervision of any sexual offender who is on probation,
981 postcommitment probation, residential commitment, nonresidential
982 commitment, licensed child-caring commitment, community control,
983 conditional release, parole, provisional release, or control
984 release or who is supervised by the department under the
985 Interstate Compact Agreement for Probationers and Parolees. If
986 the sexual offender is in the custody of a private correctional
987 facility, the facility shall take a digitized photograph of the
988 sexual offender within the time period provided in this
989 subparagraph and shall provide the photograph to the department.
990 Section 21. Subsection (11) of section 985.601, Florida
991 Statutes, is renumbered as subsection (12), and a new subsection
992 (11) is added to that section, to read:
993 985.601 Administering the juvenile justice continuum.—
994 (11) The department shall establish a class focused on the
995 risk and consequences of youthful firearm offending which shall
996 be provided by the department to any youth who has been
997 adjudicated or had adjudication withheld for any offense
998 involving the use or possession of a firearm.
999 Section 22. Section 985.711, Florida Statutes, is amended
1000 to read:
1001 985.711 Introduction, removal, or possession of certain
1002 articles unlawful; penalty.—
1003 (1)(a) Except as authorized through program policy or
1004 operating procedure or as authorized by the facility
1005 superintendent, program director, or manager, a person may not
1006 introduce into or upon the grounds of a juvenile detention
1007 facility or commitment program, or take or send, or attempt to
1008 take or send, from a juvenile detention facility or commitment
1009 program, any of the following articles, which are declared to be
1010 contraband under this section:
1011 1. Any unauthorized article of food or clothing given or
1012 transmitted, or intended to be given or transmitted, to any
1013 youth in a juvenile detention facility or commitment program.
1014 2. Any intoxicating beverage or any beverage that causes or
1015 may cause an intoxicating effect.
1016 3. Any controlled substance as defined in s. 893.02(4),
1017 marijuana as defined in s. 381.986, hemp as defined in s.
1018 581.217, industrial hemp as defined in s. 1004.4473, or any
1019 prescription or nonprescription drug that has a hypnotic,
1020 stimulating, or depressing effect.
1021 4. Any firearm or weapon of any kind or any explosive
1022 substance.
1023 5. Any cellular telephone or other portable communication
1024 device as described in s. 944.47(1)(a)6., intentionally and
1025 unlawfully introduced inside the secure perimeter of any
1026 juvenile detention facility or commitment program. As used in
1027 this subparagraph, the term “portable communication device” does
1028 not include any device that has communication capabilities which
1029 has been approved or issued by the facility superintendent,
1030 program director, or manager.
1031 6. Any vapor-generating electronic device as defined in s.
1032 386.203, intentionally and unlawfully introduced inside the
1033 secure perimeter of any juvenile detention facility or
1034 commitment program.
1035 7. Any currency or coin given or transmitted, or intended
1036 to be given or transmitted, to any youth in any juvenile
1037 detention facility or commitment program.
1038 8. Any cigarettes, as defined in s. 210.01(1) or tobacco
1039 products, as defined in s. 210.25, given, or intended to be
1040 given, to any youth in a juvenile detention facility or
1041 commitment program.
1042 (b) A person may not transmit contraband to, cause
1043 contraband to be transmitted to or received by, attempt to
1044 transmit contraband to, or attempt to cause contraband to be
1045 transmitted to or received by, a juvenile offender into or upon
1046 the grounds of a juvenile detention facility or commitment
1047 program, except as authorized through program policy or
1048 operating procedures or as authorized by the facility
1049 superintendent, program director, or manager.
1050 (c) A juvenile offender or any person, while upon the
1051 grounds of a juvenile detention facility or commitment program,
1052 may not be in actual or constructive possession of any article
1053 or thing declared to be contraband under this section, except as
1054 authorized through program policy or operating procedures or as
1055 authorized by the facility superintendent, program director, or
1056 manager.
1057 (d) Department staff may use canine units on the grounds of
1058 a juvenile detention facility or commitment program to locate
1059 and seize contraband and ensure security within such facility or
1060 program.
1061 (2)(a) Any person who violates this section as it pertains
1062 to an article of contraband described in subparagraph (1)(a)1.
1063 commits a felony of the third degree, punishable as provided in
1064 s. 775.082, s. 775.083, or s. 775.084.
1065 (b) Any person who violates this section as it pertains to
1066 an article of contraband described in subparagraph (1)(a)5. or
1067 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
1068 punishable as provided in s. 775.082 or s. 775.083.
1069 (c) In all other cases, A person who violates this section
1070 commits a felony of the second degree, punishable as provided in
1071 s. 775.082, s. 775.083, or s. 775.084.
1072 Section 23. Paragraph (c) of subsection (2) of section
1073 1002.221, Florida Statutes, is amended to read:
1074 1002.221 K-12 education records; public records exemption.—
1075 (2)
1076 (c) In accordance with the FERPA and the federal
1077 regulations issued pursuant to the FERPA, an agency or
1078 institution, as defined in s. 1002.22, may release a student’s
1079 education records without written consent of the student or
1080 parent to parties to an interagency agreement among the
1081 Department of Juvenile Justice, the school, law enforcement
1082 authorities, and other signatory agencies. Information provided
1083 pursuant to an interagency agreement may be used for proceedings
1084 initiated under chapter 984 or chapter 985 in furtherance of an
1085 interagency agreement is intended solely for use in determining
1086 the appropriate programs and services for each juvenile or the
1087 juvenile’s family, or for coordinating the delivery of the
1088 programs and services, and as such is inadmissible in any court
1089 proceeding before a dispositional hearing unless written consent
1090 is provided by a parent or other responsible adult on behalf of
1091 the juvenile.
1092 Section 24. Paragraph (b) of subsection (3) of section
1093 943.051, Florida Statutes, is amended to read:
1094 943.051 Criminal justice information; collection and
1095 storage; fingerprinting.—
1096 (3)
1097 (b) A minor who is charged with or found to have committed
1098 the following offenses shall be fingerprinted and the
1099 fingerprints shall be submitted electronically to the
1100 department, unless the minor is issued a prearrest delinquency
1101 civil citation pursuant to s. 985.12:
1102 1. Assault, as defined in s. 784.011.
1103 2. Battery, as defined in s. 784.03.
1104 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1105 4. Unlawful use of destructive devices or bombs, as defined
1106 in s. 790.1615(1).
1107 5. Neglect of a child, as defined in s. 827.03(1)(e).
1108 6. Assault or battery on a law enforcement officer, a
1109 firefighter, or other specified officers, as defined in s.
1110 784.07(2)(a) and (b).
1111 7. Open carrying of a weapon, as defined in s. 790.053.
1112 8. Exposure of sexual organs, as defined in s. 800.03.
1113 9. Unlawful possession of a firearm, as defined in s.
1114 790.22(5).
1115 10. Petit theft, as defined in s. 812.014(3).
1116 11. Cruelty to animals, as defined in s. 828.12(1).
1117 12. Arson, as defined in s. 806.031(1).
1118 13. Unlawful possession or discharge of a weapon or firearm
1119 at a school-sponsored event or on school property, as provided
1120 in s. 790.115.
1121 Section 25. Paragraph (b) of subsection (1) of section
1122 985.11, Florida Statutes, is amended to read:
1123 985.11 Fingerprinting and photographing.—
1124 (1)
1125 (b) Unless the child is issued a prearrest delinquency
1126 civil citation or is participating in a similar diversion
1127 program pursuant to s. 985.12, a child who is charged with or
1128 found to have committed one of the following offenses shall be
1129 fingerprinted, and the fingerprints shall be submitted to the
1130 Department of Law Enforcement as provided in s. 943.051(3)(b):
1131 1. Assault, as defined in s. 784.011.
1132 2. Battery, as defined in s. 784.03.
1133 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1134 4. Unlawful use of destructive devices or bombs, as defined
1135 in s. 790.1615(1).
1136 5. Neglect of a child, as defined in s. 827.03(1)(e).
1137 6. Assault on a law enforcement officer, a firefighter, or
1138 other specified officers, as defined in s. 784.07(2)(a).
1139 7. Open carrying of a weapon, as defined in s. 790.053.
1140 8. Exposure of sexual organs, as defined in s. 800.03.
1141 9. Unlawful possession of a firearm, as defined in s.
1142 790.22(5).
1143 10. Petit theft, as defined in s. 812.014.
1144 11. Cruelty to animals, as defined in s. 828.12(1).
1145 12. Arson, resulting in bodily harm to a firefighter, as
1146 defined in s. 806.031(1).
1147 13. Unlawful possession or discharge of a weapon or firearm
1148 at a school-sponsored event or on school property as defined in
1149 s. 790.115.
1150
1151 A law enforcement agency may fingerprint and photograph a child
1152 taken into custody upon probable cause that such child has
1153 committed any other violation of law, as the agency deems
1154 appropriate. Such fingerprint records and photographs shall be
1155 retained by the law enforcement agency in a separate file, and
1156 these records and all copies thereof must be marked “Juvenile
1157 Confidential.” These records are not available for public
1158 disclosure and inspection under s. 119.07(1) except as provided
1159 in ss. 943.053 and 985.04(2), but shall be available to other
1160 law enforcement agencies, criminal justice agencies, state
1161 attorneys, the courts, the child, the parents or legal
1162 custodians of the child, their attorneys, and any other person
1163 authorized by the court to have access to such records. In
1164 addition, such records may be submitted to the Department of Law
1165 Enforcement for inclusion in the state criminal history records
1166 and used by criminal justice agencies for criminal justice
1167 purposes. These records may, in the discretion of the court, be
1168 open to inspection by anyone upon a showing of cause. The
1169 fingerprint and photograph records shall be produced in the
1170 court whenever directed by the court. Any photograph taken
1171 pursuant to this section may be shown by a law enforcement
1172 officer to any victim or witness of a crime for the purpose of
1173 identifying the person who committed such crime.
1174 Section 26. Paragraph (n) of subsection (2) of section
1175 1006.07, Florida Statutes, is amended to read:
1176 1006.07 District school board duties relating to student
1177 discipline and school safety.—The district school board shall
1178 provide for the proper accounting for all students, for the
1179 attendance and control of students at school, and for proper
1180 attention to health, safety, and other matters relating to the
1181 welfare of students, including:
1182 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
1183 conduct for elementary schools and a code of student conduct for
1184 middle and high schools and distribute the appropriate code to
1185 all teachers, school personnel, students, and parents, at the
1186 beginning of every school year. Each code shall be organized and
1187 written in language that is understandable to students and
1188 parents and shall be discussed at the beginning of every school
1189 year in student classes, school advisory council meetings, and
1190 parent and teacher association or organization meetings. Each
1191 code shall be based on the rules governing student conduct and
1192 discipline adopted by the district school board and shall be
1193 made available in the student handbook or similar publication.
1194 Each code shall include, but is not limited to:
1195 (n) Criteria for recommending to law enforcement that a
1196 student who commits a criminal offense be allowed to participate
1197 in a prearrest delinquency citation civil citation or similar
1198 prearrest diversion program as an alternative to expulsion or
1199 arrest. All prearrest delinquency citation civil citation or
1200 similar prearrest diversion programs must comply with s. 985.12.
1201 Section 27. This act shall take effect July 1, 2024.
1202
1203 ================= T I T L E A M E N D M E N T ================
1204 And the title is amended as follows:
1205 Delete everything before the enacting clause
1206 and insert:
1207 A bill to be entitled
1208 An act relating to juvenile justice; amending s.
1209 790.115, F.S.; removing a provision requiring
1210 specified treatment of minors charged with possessing
1211 or discharging a firearm on school property; amending
1212 s. 790.22, F.S.; revising penalties for minors
1213 committing specified firearms violations; removing
1214 provisions concerning minors charged with or convicted
1215 of certain firearms offenses; amending 901.15; adding
1216 possession of a firearm by a minor to the list of
1217 crimes for which a warrant is not needed for arrest;
1218 amending s. 985.101, F.S.; conforming provisions to
1219 changes made by the act; amending s. 985.12, F.S.;
1220 redesignating civil citation programs as prearrest
1221 delinquency citation programs; revising program
1222 requirements; providing that certain existing programs
1223 meeting certain requirements shall be deemed
1224 authorized; amending s. 985.125, F.S.; conforming
1225 provisions to changes made by the act; amending s.
1226 985.126, F.S.; requiring the Department of Juvenile
1227 Justice to publish a quarterly report concerning
1228 entities using delinquency citations for less than a
1229 specified amount of eligible offenses; amending s.
1230 985.245, F.S.; conforming provisions to changes made
1231 by the act; amending s. 985.25, F.S.; requiring that
1232 youths who are arrested for certain electronic
1233 monitoring violations be placed in secure detention
1234 until a detention hearing; requiring that a child on
1235 probation for an underlying felony firearm offense who
1236 is taken into custody be placed in secure detention;
1237 providing for renewal of secure detention periods in
1238 certain circumstances; amending s. 985.255, F.S.;
1239 providing that when there is probable cause that a
1240 child committed one of a specified list of offenses
1241 that he or she is presumed to be a risk to public
1242 safety and danger to the community and must be held in
1243 secure a detention before an adjudicatory hearing;
1244 providing requirements for release of such a child
1245 despite the presumption; revising language concerning
1246 the use of risk assessments; amending s. 985.26, F.S.;
1247 revising requirements for holding a child in secure
1248 detention for more than 21 days; amending s. 985.433,
1249 F.S.; requiring conditional release conditions for
1250 children released after confinement for specified
1251 firearms offenses; requiring specified sanctions for
1252 certain children adjudicated for certain firearms
1253 offenses who are not committed to a residential
1254 program; providing that children who previously have
1255 had adjudication withheld for certain offenses my not
1256 have adjudication withheld for specified offenses;
1257 amending s. 985.435, F.S.; conforming provisions to
1258 changes made by the act; creating s. 985.438, F.S.;
1259 requiring the Department of Juvenile Justice to create
1260 and administer a graduated response matrix to hold
1261 youths accountable to the terms of their court ordered
1262 probation and the terms of their conditional release;
1263 providing requirements for the matrix; amending s.
1264 985.439, F.S.; requiring a state attorney to file a
1265 probation violation within a specified period or
1266 inform the court and the Department of Juvenile
1267 Justice why such violation is not filed; removing
1268 provisions concerning an alternative consequence
1269 program; allowing placement of electronic monitoring
1270 for probation violations in certain circumstances;
1271 amending s. 985.441, F.S.; adding an exception to the
1272 prohibition against committing certain children to a
1273 residential program; amending s. 985.455, F.S.;
1274 authorizing a court to make an exception to an order
1275 of revocation or suspension of driving privileges in
1276 certain circumstances; amending s. 985.46, F.S.;
1277 revising legislative intent concerning conditional
1278 release; revising the conditions of conditional
1279 release; providing for assessment of conditional
1280 release violations and possible recommitment of
1281 violators; amending ss. 985.48 and 985.4815, F.S.;
1282 conforming provisions to changes made by the act;
1283 amending s. 985.601, F.S.; requiring the Department of
1284 Juvenile justice to establish a specified class for
1285 firearms offenders; amending s. 985.711, F.S.;
1286 revising provisions concerning introduction of
1287 contraband into department facilities; authorizing
1288 department staff to use canine units on the grounds of
1289 juvenile detention facilities and commitment programs
1290 for specified purposes; revising criminal penalties
1291 for violations; amending s. 1002.221, F.S.; revising
1292 provisions concerning educational records for certain
1293 purposes; amending ss. 943.051, 985.11, and 1006.07,
1294 F.S.; conforming provisions to changes made by the
1295 act; providing an effective date.