Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1274
       
       
       
       
       
       
                                Ì563204vÎ563204                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                
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       The Committee on Criminal Justice (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 790.115, Florida
    6  Statutes, is amended to read:
    7         790.115 Possessing or discharging weapons or firearms at a
    8  school-sponsored event or on school property prohibited;
    9  penalties; exceptions.—
   10         (4)Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
   11  any minor under 18 years of age who is charged under this
   12  section with possessing or discharging a firearm on school
   13  property shall be detained in secure detention, unless the state
   14  attorney authorizes the release of the minor, and shall be given
   15  a probable cause hearing within 24 hours after being taken into
   16  custody. At the hearing, the court may order that the minor
   17  continue to be held in secure detention for a period of 21 days,
   18  during which time the minor shall receive medical, psychiatric,
   19  psychological, or substance abuse examinations pursuant to s.
   20  985.18, and a written report shall be completed.
   21         Section 2. Subsections (1), (5), (8), (9), and (10) of
   22  section 790.22, Florida Statutes, are amended, and subsection
   23  (3) of that section is republished, to read:
   24         790.22 Use of BB guns, air or gas-operated guns, or
   25  electric weapons or devices by minor under 16; limitation;
   26  possession of firearms by minor under 18 prohibited; penalties.—
   27         (1) The use for any purpose whatsoever of BB guns, air or
   28  gas-operated guns, or electric weapons or devices, by any minor
   29  under the age of 16 years is prohibited unless such use is under
   30  the supervision and in the presence of an adult who is acting
   31  with the consent of the minor’s parent or guardian.
   32         (3) A minor under 18 years of age may not possess a
   33  firearm, other than an unloaded firearm at his or her home,
   34  unless:
   35         (a) The minor is engaged in a lawful hunting activity and
   36  is:
   37         1. At least 16 years of age; or
   38         2. Under 16 years of age and supervised by an adult.
   39         (b) The minor is engaged in a lawful marksmanship
   40  competition or practice or other lawful recreational shooting
   41  activity and is:
   42         1. At least 16 years of age; or
   43         2. Under 16 years of age and supervised by an adult who is
   44  acting with the consent of the minor’s parent or guardian.
   45         (c) The firearm is unloaded and is being transported by the
   46  minor directly to or from an event authorized in paragraph (a)
   47  or paragraph (b).
   48         (5)(a) A minor who violates subsection (3) commits a felony
   49  misdemeanor of the third first degree; for a first offense,
   50  shall may serve a period of detention of up to 5 days in a
   51  secure detention facility, with credit for time served in secure
   52  detention prior to disposition; and, in addition to any other
   53  penalty provided by law, shall be required to perform 100 hours
   54  of community service or paid work as determined by the
   55  department. For a second violation of subsection (3), a minor
   56  shall serve 21 days in a secure detention facility, with credit
   57  for time served in secure detention prior to disposition; and
   58  shall be required to perform not less than 100 nor more than 250
   59  hours of community service or paid work as determined by the
   60  department. For a third or subsequent violation of subsection
   61  (3), a minor shall be adjudicated delinquent and committed to a
   62  residential program. In addition to the penalties for a first
   63  offense and a second or subsequent offense under subsection (3);
   64  and:
   65         (a)1. If the minor is eligible by reason of age for a
   66  driver license or driving privilege, the court may direct the
   67  Department of Highway Safety and Motor Vehicles to revoke or to
   68  withhold issuance of the minor’s driver license or driving
   69  privilege for up to 1 year for a first offense and up to 2 years
   70  for a second or subsequent offense.
   71         (b)2. If the minor’s driver license or driving privilege is
   72  under suspension or revocation for any reason, the court may
   73  direct the Department of Highway Safety and Motor Vehicles to
   74  extend the period of suspension or revocation by an additional
   75  period of up to 1 year for a first offense and up to 2 years for
   76  a second or subsequent offense.
   77         (c)3. If the minor is ineligible by reason of age for a
   78  driver license or driving privilege, the court may direct the
   79  Department of Highway Safety and Motor Vehicles to withhold
   80  issuance of the minor’s driver license or driving privilege for
   81  up to 1 year after the date on which the minor would otherwise
   82  have become eligible for a first offense and up to 2 years for a
   83  second or subsequent offense.
   84         (b)For a second or subsequent offense, a minor who
   85  violates subsection (3) commits a felony of the third degree and
   86  shall serve a period of detention of up to 21 days in a secure
   87  detention facility and shall be required to perform not less
   88  than 100 nor more than 250 hours of community service, and:
   89         1.If the minor is eligible by reason of age for a driver
   90  license or driving privilege, the court may direct the
   91  Department of Highway Safety and Motor Vehicles to revoke or to
   92  withhold issuance of the minor’s driver license or driving
   93  privilege for up to 2 years.
   94         2.If the minor’s driver license or driving privilege is
   95  under suspension or revocation for any reason, the court may
   96  direct the Department of Highway Safety and Motor Vehicles to
   97  extend the period of suspension or revocation by an additional
   98  period of up to 2 years.
   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 2 years after the date on which the minor would otherwise
  104  have become eligible.
  105  
  106  For the purposes of this subsection, community service shall be
  107  performed, if possible, in a manner involving a hospital
  108  emergency room or other medical environment that deals on a
  109  regular basis with trauma patients and gunshot wounds.
  110         (8)Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  111  is charged with an offense that involves the use or possession
  112  of a firearm, including a violation of subsection (3), or is
  113  charged for any offense during the commission of which the minor
  114  possessed a firearm, the minor shall be detained in secure
  115  detention, unless the state attorney authorizes the release of
  116  the minor, and shall be given a hearing within 24 hours after
  117  being taken into custody. At the hearing, the court may order
  118  that the minor continue to be held in secure detention in
  119  accordance with the applicable time periods specified in s.
  120  985.26(1)-(5), if the court finds that the minor meets the
  121  criteria specified in s. 985.255, or if the court finds by clear
  122  and convincing evidence that the minor is a clear and present
  123  danger to himself or herself or the community. The Department of
  124  Juvenile Justice shall prepare a form for all minors charged
  125  under this subsection which states the period of detention and
  126  the relevant demographic information, including, but not limited
  127  to, the gender, age, and race of the minor; whether or not the
  128  minor was represented by private counsel or a public defender;
  129  the current offense; and the minor’s complete prior record,
  130  including any pending cases. The form shall be provided to the
  131  judge for determining whether the minor should be continued in
  132  secure detention under this subsection. An order placing a minor
  133  in secure detention because the minor is a clear and present
  134  danger to himself or herself or the community must be in
  135  writing, must specify the need for detention and the benefits
  136  derived by the minor or the community by placing the minor in
  137  secure detention, and must include a copy of the form provided
  138  by the department.
  139         (9)Notwithstanding s. 985.245, if the minor is found to
  140  have committed an offense that involves the use or possession of
  141  a firearm, as defined in s. 790.001, other than a violation of
  142  subsection (3), or an offense during the commission of which the
  143  minor possessed a firearm, and the minor is not committed to a
  144  residential commitment program of the Department of Juvenile
  145  Justice, in addition to any other punishment provided by law,
  146  the court shall order:
  147         (a)For a first offense, that the minor shall serve a
  148  minimum period of detention of 15 days in a secure detention
  149  facility; and
  150         1.Perform 100 hours of community service; and may
  151         2.Be placed on community control or in a nonresidential
  152  commitment program.
  153         (b)For a second or subsequent offense, that the minor
  154  shall serve a mandatory period of detention of at least 21 days
  155  in a secure detention facility; and
  156         1.Perform not less than 100 nor more than 250 hours of
  157  community service; and may
  158         2.Be placed on community control or in a nonresidential
  159  commitment program.
  160  
  161  The minor shall not receive credit for time served before
  162  adjudication. For the purposes of this subsection, community
  163  service shall be performed, if possible, in a manner involving a
  164  hospital emergency room or other medical environment that deals
  165  on a regular basis with trauma patients and gunshot wounds.
  166         (10)If a minor is found to have committed an offense under
  167  subsection (9), the court shall impose the following penalties
  168  in addition to any penalty imposed under paragraph (9)(a) or
  169  paragraph (9)(b):
  170         (a)For a first offense:
  171         1.If the minor is eligible by reason of age for a driver
  172  license or driving privilege, the court may direct the
  173  Department of Highway Safety and Motor Vehicles to revoke or to
  174  withhold issuance of the minor’s driver license or driving
  175  privilege for up to 1 year.
  176         2.If the minor’s driver license or driving privilege is
  177  under suspension or revocation for any reason, the court may
  178  direct the Department of Highway Safety and Motor Vehicles to
  179  extend the period of suspension or revocation by an additional
  180  period for up to 1 year.
  181         3.If the minor is ineligible by reason of age for a driver
  182  license or driving privilege, the court may direct the
  183  Department of Highway Safety and Motor Vehicles to withhold
  184  issuance of the minor’s driver license or driving privilege for
  185  up to 1 year after the date on which the minor would otherwise
  186  have become eligible.
  187         (b)For a second or subsequent offense:
  188         1.If the minor is eligible by reason of age for a driver
  189  license or driving privilege, the court may direct the
  190  Department of Highway Safety and Motor Vehicles to revoke or to
  191  withhold issuance of the minor’s driver license or driving
  192  privilege for up to 2 years.
  193         2.If the minor’s driver license or driving privilege is
  194  under suspension or revocation for any reason, the court may
  195  direct the Department of Highway Safety and Motor Vehicles to
  196  extend the period of suspension or revocation by an additional
  197  period for up to 2 years.
  198         3.If the minor is ineligible by reason of age for a driver
  199  license or driving privilege, the court may direct the
  200  Department of Highway Safety and Motor Vehicles to withhold
  201  issuance of the minor’s driver license or driving privilege for
  202  up to 2 years after the date on which the minor would otherwise
  203  have become eligible.
  204         Section 3. Paragraph (d) of subsection (1) of section
  205  985.101, Florida Statutes, is amended to read:
  206         985.101 Taking a child into custody.—
  207         (1) A child may be taken into custody under the following
  208  circumstances:
  209         (d) By a law enforcement officer who has probable cause to
  210  believe that the child is in violation of the conditions of the
  211  child’s probation, supervised release detention, postcommitment
  212  probation, or conditional release supervision; has absconded
  213  from nonresidential commitment; or has escaped from residential
  214  commitment.
  215  
  216         Nothing in this subsection shall be construed to allow the
  217  detention of a child who does not meet the detention criteria in
  218  part V.
  219         Section 4. Section 985.12, Florida Statutes, is amended to
  220  read:
  221         985.12 Prearrest delinquency Civil citation or similar
  222  prearrest diversion programs.—
  223         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  224  that the creation and implementation of any prearrest
  225  delinquency civil citation or similar prearrest diversion
  226  programs at the judicial circuit level promotes public safety,
  227  aids interagency cooperation, and provides the greatest chance
  228  of success for prearrest delinquency civil citation and similar
  229  prearrest diversion programs. The Legislature further finds that
  230  the widespread use of prearrest delinquency civil citation and
  231  similar prearrest diversion programs has a positive effect on
  232  the criminal justice system by immediately holding youth
  233  accountable for their actions and contributes to an overall
  234  reduction in the crime rate and recidivism in the state. The
  235  Legislature encourages but does not mandate that counties,
  236  municipalities, and public or private educational institutions
  237  participate in a prearrest delinquency civil citation or similar
  238  prearrest diversion program created by their judicial circuit
  239  under this section.
  240         (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
  241  PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
  242  OPERATION.—
  243         (a) A prearrest delinquency civil citation or similar
  244  prearrest diversion program for misdemeanor offenses shall be
  245  established in each judicial circuit in the state. The state
  246  attorney and public defender of each circuit, the clerk of the
  247  court for each county in the circuit, and representatives of
  248  participating law enforcement agencies in the circuit shall
  249  create a prearrest delinquency civil citation or similar
  250  prearrest diversion program and develop its policies and
  251  procedures. In developing the program’s policies and procedures,
  252  input from other interested stakeholders may be solicited. The
  253  department shall annually develop and provide guidelines on best
  254  practice models for prearrest delinquency civil citation or
  255  similar prearrest diversion programs to the judicial circuits as
  256  a resource.
  257         (b) Each judicial circuit’s prearrest delinquency civil
  258  citation or similar prearrest diversion program must specify all
  259  of the following:
  260         1. The misdemeanor offenses that qualify a juvenile for
  261  participation in the program. Offenses involving the use or
  262  possession of a firearm do not qualify for a prearrest
  263  delinquency citation program.;
  264         2. The eligibility criteria for the program.;
  265         3. The program’s implementation and operation.;
  266         4. The program’s requirements, including, but not limited
  267  to, the completion of community service hours, payment of
  268  restitution, if applicable, classes established by the
  269  department or the prearrest delinquency citation program, and
  270  intervention services indicated by a needs assessment of the
  271  juvenile, approved by the department, such as family counseling,
  272  urinalysis monitoring, and substance abuse and mental health
  273  treatment services.; and
  274         5. A program fee, if any, to be paid by a juvenile
  275  participating in the program. If the program imposes a fee, the
  276  clerk of the court of the applicable county must receive a
  277  reasonable portion of the fee.
  278         (c) The state attorney of each circuit shall operate a
  279  prearrest delinquency civil citation or similar prearrest
  280  diversion program in each circuit. A sheriff, police department,
  281  county, municipality, locally authorized entity, or public or
  282  private educational institution may continue to operate an
  283  independent prearrest delinquency civil citation or similar
  284  prearrest diversion program that is in operation as of October
  285  1, 2018, if the independent program is reviewed by the state
  286  attorney of the applicable circuit and he or she determines that
  287  the independent program is substantially similar to the
  288  prearrest delinquency civil citation or similar prearrest
  289  diversion program developed by the circuit. If the state
  290  attorney determines that the independent program is not
  291  substantially similar to the prearrest delinquency civil
  292  citation or similar prearrest diversion program developed by the
  293  circuit, the operator of the independent diversion program may
  294  revise the program and the state attorney may conduct an
  295  additional review of the independent program. A civil citation
  296  or similar prearrest diversion program existing before July 1,
  297  2024, shall be deemed a delinquency citation program authorized
  298  by this section if the civil citation or similar prearrest
  299  diversion program has been approved by the state attorney of the
  300  circuit in which it operates and it complies with the
  301  requirements in paragraph (2)(b).
  302         (d)A judicial circuit may model an existing sheriff’s,
  303  police department’s, county’s, municipality’s, locally
  304  authorized entity’s, or public or private educational
  305  institution’s independent civil citation or similar prearrest
  306  diversion program in developing the civil citation or similar
  307  prearrest diversion program for the circuit.
  308         (d)(e) If a juvenile does not successfully complete the
  309  prearrest delinquency civil citation or similar prearrest
  310  diversion program, the arresting law enforcement officer shall
  311  determine if there is good cause to arrest the juvenile for the
  312  original misdemeanor offense and refer the case to the state
  313  attorney to determine if prosecution is appropriate or allow the
  314  juvenile to continue in the program.
  315         (e)(f) Each prearrest delinquency civil citation or similar
  316  prearrest diversion program shall enter the appropriate youth
  317  data into the Juvenile Justice Information System Prevention Web
  318  within 7 days after the admission of the youth into the program.
  319         (f)(g) At the conclusion of a juvenile’s prearrest
  320  delinquency civil citation or similar prearrest diversion
  321  program, the state attorney or operator of the independent
  322  program shall report the outcome to the department. The issuance
  323  of a prearrest delinquency civil citation or similar prearrest
  324  diversion program notice is not considered a referral to the
  325  department.
  326         (g)(h) Upon issuing a prearrest delinquency civil citation
  327  or similar prearrest diversion program notice, the law
  328  enforcement officer shall send a copy of the prearrest
  329  delinquency civil citation or similar prearrest diversion
  330  program notice to the parent or guardian of the child and to the
  331  victim.
  332         Section 5. Section 985.125, Florida Statutes, is amended to
  333  read:
  334         985.125 Prearrest or Postarrest diversion programs.—
  335         (1) A law enforcement agency or school district, in
  336  cooperation with the state attorney, may establish a prearrest
  337  or postarrest diversion program.
  338         (2) As part of the prearrest or postarrest diversion
  339  program, a child who is alleged to have committed a delinquent
  340  act may be required to surrender his or her driver license, or
  341  refrain from applying for a driver license, for not more than 90
  342  days. If the child fails to comply with the requirements of the
  343  program, the state attorney may notify the Department of Highway
  344  Safety and Motor Vehicles in writing to suspend the child’s
  345  driver license for a period that may not exceed 90 days.
  346         Section 6. Subsections (5) and (6) of section 985.126,
  347  Florida Statutes, are renumbered as subsections (6) and (7),
  348  respectively, subsections (3) and (4) of that section are
  349  amended, and a new subsection (5) is added to that section, to
  350  read:
  351         985.126 Prearrest and postarrest diversion programs; data
  352  collection; denial of participation or expunged record.—
  353         (3)(a) Beginning October 1, 2018, Each diversion program
  354  shall submit data to the department which identifies for each
  355  minor participating in the diversion program:
  356         1. The race, ethnicity, gender, and age of that minor.
  357         2. The offense committed, including the specific law
  358  establishing the offense.
  359         3. The judicial circuit and county in which the offense was
  360  committed and the law enforcement agency that had contact with
  361  the minor for the offense.
  362         4. Other demographic information necessary to properly
  363  register a case into the Juvenile Justice Information System
  364  Prevention Web, as specified by the department.
  365         (b) Beginning October 1, 2018, Each law enforcement agency
  366  shall submit to the department data for every minor charged for
  367  the first-time, who is charged with a misdemeanor, and who was
  368  that identifies for each minor who was eligible for a diversion
  369  program, but was instead referred to the department, provided a
  370  notice to appear, or arrested:
  371         1. The data required pursuant to paragraph (a).
  372         2. Whether the minor was offered the opportunity to
  373  participate in a diversion program. If the minor was:
  374         a. Not offered such opportunity, the reason such offer was
  375  not made.
  376         b. Offered such opportunity, whether the minor or his or
  377  her parent or legal guardian declined to participate in the
  378  diversion program.
  379         (c) The data required pursuant to paragraph (a) shall be
  380  entered into the Juvenile Justice Information System Prevention
  381  Web within 7 days after the youth’s admission into the program.
  382         (d) The data required pursuant to paragraph (b) shall be
  383  submitted on or with the arrest affidavit or notice to appear.
  384         (4) Beginning January 1, 2019, The department shall compile
  385  and semiannually publish the data required by subsection (3) on
  386  the department’s website in a format that is, at a minimum,
  387  sortable by judicial circuit, county, law enforcement agency,
  388  race, ethnicity, gender, age, and offense committed.
  389         (5)The department shall provide a quarterly report to be
  390  published on its website and distributed to the Governor,
  391  President of the Senate, and Speaker of the House of
  392  Representatives listing the entities that use prearrest
  393  delinquency citations for less than 70 percent of first-time
  394  misdemeanor offenses.
  395         Section 7. Subsection (4) of section 985.245, Florida
  396  Statutes, is amended to read:
  397         985.245 Risk assessment instrument.—
  398         (4) For a child who is under the supervision of the
  399  department through probation, supervised release detention,
  400  conditional release, postcommitment probation, or commitment and
  401  who is charged with committing a new offense, the risk
  402  assessment instrument may be completed and scored based on the
  403  underlying charge for which the child was placed under the
  404  supervision of the department.
  405         Section 8. Subsection (1) of section 985.25, Florida
  406  Statutes, is amended to read:
  407         985.25 Detention intake.—
  408         (1) The department shall receive custody of a child who has
  409  been taken into custody from the law enforcement agency or court
  410  and shall review the facts in the law enforcement report or
  411  probable cause affidavit and make such further inquiry as may be
  412  necessary to determine whether detention care is appropriate.
  413         (a) During the period of time from the taking of the child
  414  into custody to the date of the detention hearing, the initial
  415  decision as to the child’s placement into detention care shall
  416  be made by the department under ss. 985.24 and 985.245(1).
  417         (b) The department shall base the decision whether to place
  418  the child into detention care on an assessment of risk in
  419  accordance with the risk assessment instrument and procedures
  420  developed by the department under s. 985.245, except that a
  421  child shall be placed in secure detention care until the child’s
  422  detention hearing if the child meets the criteria specified in
  423  s. 985.255(1)(f), is charged with possessing or discharging a
  424  firearm on school property in violation of s. 790.115, or is
  425  charged with any other offense involving the possession or use
  426  of a firearm.
  427         (c) If the final score on the child’s risk assessment
  428  instrument indicates detention care is appropriate, but the
  429  department otherwise determines the child should be released,
  430  the department shall contact the state attorney, who may
  431  authorize release.
  432         (d) If the final score on the risk assessment instrument
  433  indicates detention is not appropriate, the child may be
  434  released by the department in accordance with ss. 985.115 and
  435  985.13.
  436         (e)Notwithstanding any other provision of law, a child who
  437  is arrested for violating the terms of his or her electronic
  438  monitoring supervision or his or her supervised release shall be
  439  placed in secure detention until his or her detention hearing.
  440         (f)Notwithstanding any other provision of law, a child on
  441  probation for an underlying felony firearm offense in chapter
  442  790 and who is taken into custody under s. 985.101 for violating
  443  conditions of probation not involving a new law violation shall
  444  be held in secure detention to allow the state attorney to
  445  review the violation. If, within 21 days, the state attorney
  446  notifies the court that commitment will be sought, then the
  447  child shall remain in secure detention pending proceedings under
  448  s. 985.439 until the initial 21-day period of secure detention
  449  has expired. Upon motion of the state attorney, the child may be
  450  held for an additional 21-day period if the court finds that the
  451  totality of the circumstances, including the preservation of
  452  public safety, warrants such extension. Any release from secure
  453  detention shall result in the child being held on supervised
  454  release with electronic monitoring pending proceedings under s.
  455  985.439.
  456  
  457  Under no circumstances shall the department or the state
  458  attorney or law enforcement officer authorize the detention of
  459  any child in a jail or other facility intended or used for the
  460  detention of adults, without an order of the court.
  461         Section 9. Paragraph (a) of subsection (1) and subsection
  462  (3) of section 985.255, Florida Statutes, are amended, and
  463  paragraphs (g) and (h) are added to subsection (1) of that
  464  section, to read:
  465         985.255 Detention criteria; detention hearing.—
  466         (1) Subject to s. 985.25(1), a child taken into custody and
  467  placed into detention care shall be given a hearing within 24
  468  hours after being taken into custody. At the hearing, the court
  469  may order a continued detention status if:
  470         (a) The result of the risk assessment instrument pursuant
  471  to s. 985.245 indicates secure or supervised release detention
  472  or the court makes the findings required under paragraph (3)(b).
  473         (g)The court finds probable cause at the detention hearing
  474  that the child committed one or more of the following offenses:
  475         1.Murder in the first degree under s. 782.04(1)(a).
  476         2.Murder in the second degree under s. 782.04(2).
  477         3.Armed robbery under s. 812.13(2)(a) that involves the
  478  use or possession of a firearm as defined in s. 790.001.
  479         4.Armed carjacking under s. 812.133(2)(a) that involves
  480  the use or possession of a firearm as defined in s. 790.001.
  481         5.Having a firearm while committing a felony under s.
  482  790.07(2).
  483         6.Armed burglary under s. 810.02(2)(b) that involves the
  484  use or possession of a firearm as defined in s. 790.001.
  485         7.Delinquent in possession of a firearm under s.
  486  790.23(1)(b).
  487         8.An attempt to commit any offense listed in this
  488  paragraph under s. 777.04.
  489         (h)For a child who meets the criteria in paragraph (g):
  490         1.There is a presumption that the child presents a risk to
  491  public safety and danger to the community and such child must be
  492  held in secure detention prior to an adjudicatory hearing,
  493  unless the court enters a written order that the child would not
  494  present a risk to public safety or a danger to the community if
  495  he or she were placed on supervised release detention care.
  496         2.The written order releasing a child from secure
  497  detention must be based on clear and convincing evidence why the
  498  child does not present a risk to public safety or a danger to
  499  the community and must list the child’s prior adjudications,
  500  dispositions, and prior violations of pretrial release orders. A
  501  court releasing a child from secure detention under this
  502  subparagraph shall place the child on supervised release
  503  detention care with electronic monitoring until the child’s
  504  adjudicatory hearing.
  505         3.If an adjudicatory hearing has not taken place after 60
  506  days of secure detention for a child held in secure detention
  507  under this paragraph, the court must prioritize the efficient
  508  disposition of cases and hold a review hearing within each
  509  successive 7-day review period until the adjudicatory hearing or
  510  until the child is placed on supervised release with electronic
  511  monitoring under subparagraph 2.
  512         4.If the court, under this section, releases a child to
  513  supervised release detention care, the court must provide a copy
  514  of the written order to the victim, to the law enforcement
  515  agency that arrested the child, and to the law enforcement
  516  agency with primary jurisdiction over the child’s primary
  517  residence.
  518         (3)(a) The purpose of the detention hearing required under
  519  subsection (1) is to determine the existence of probable cause
  520  that the child has committed the delinquent act or violation of
  521  law that he or she is charged with and the need for continued
  522  detention. The court shall consider use the results of the risk
  523  assessment performed by the department and, based on the
  524  criteria in subsection (1), shall determine the need for
  525  continued detention. If the child is a prolific juvenile
  526  offender who is detained under s. 985.26(2)(c), the court shall
  527  consider use the results of the risk assessment performed by the
  528  department and the criteria in subsection (1) or subsection (2)
  529  only to determine whether the prolific juvenile offender should
  530  be held in secure detention.
  531         (b) If The court may order orders a placement more or less
  532  restrictive than indicated by the results of the risk assessment
  533  instrument, and, if the court does so, shall state, in writing,
  534  clear and convincing reasons for such placement.
  535         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
  536  child is placed into detention care, or into a respite home or
  537  other placement pursuant to a court order following a hearing,
  538  the court order must include specific instructions that direct
  539  the release of the child from such placement no later than 5
  540  p.m. on the last day of the detention period specified in s.
  541  985.26 or s. 985.27, whichever is applicable, unless the
  542  requirements of such applicable provision have been met or an
  543  order of continuance has been granted under s. 985.26(4). If the
  544  court order does not include a release date, the release date
  545  shall be requested from the court on the same date that the
  546  child is placed in detention care. If a subsequent hearing is
  547  needed to provide additional information to the court for safety
  548  planning, the initial order placing the child in detention care
  549  shall reflect the next detention review hearing, which shall be
  550  held within 3 calendar days after the child’s initial detention
  551  placement.
  552         Section 10. Paragraph (b) of subsection (2) of section
  553  985.26, Florida Statutes, is amended to read:
  554         985.26 Length of detention.—
  555         (2)
  556         (b) The court may order the child to be held in secure
  557  detention beyond 21 days under the following circumstances:
  558         1. Upon good cause being shown that the nature of the
  559  charge requires additional time for the prosecution or defense
  560  of the case or that the totality of the circumstances, including
  561  the preservation of public safety, warrants an extension, the
  562  court may extend the length of secure detention care for up to
  563  an additional 21 days if the child is charged with an offense
  564  which, if committed by an adult, would be a capital felony, a
  565  life felony, a felony of the first degree or the second degree,
  566  a felony of the third degree involving violence against any
  567  individual, or any other offense involving the possession or use
  568  of a firearm. Except as otherwise provided in subparagraph 2.,
  569  the court may continue to extend the period of secure detention
  570  care in increments of up to 21 days each by conducting a hearing
  571  before the expiration of the current period to determine the
  572  need for continued secure detention of the child. At the
  573  hearing, the court must make the required findings in writing to
  574  extend the period of secure detention. If the court extends the
  575  time period for secure detention care, it shall ensure an
  576  adjudicatory hearing for the case commences as soon as is
  577  reasonably possible considering the totality of the
  578  circumstances. The court shall prioritize the efficient
  579  disposition of cases in which the child has served 60 or more
  580  days in secure detention care.
  581         2.When the child is being held in secure detention under
  582  s. 985.255(1)(g), and subject to s. 985.255(1)(h).
  583         Section 11. Paragraph (d) is added to subsection (7) of
  584  section 985.433, Florida Statutes, and subsections (8) and (9)
  585  of that section are amended, to read:
  586         985.433 Disposition hearings in delinquency cases.—When a
  587  child has been found to have committed a delinquent act, the
  588  following procedures shall be applicable to the disposition of
  589  the case:
  590         (7) If the court determines that the child should be
  591  adjudicated as having committed a delinquent act and should be
  592  committed to the department, such determination shall be in
  593  writing or on the record of the hearing. The determination shall
  594  include a specific finding of the reasons for the decision to
  595  adjudicate and to commit the child to the department, including
  596  any determination that the child was a member of a criminal
  597  gang.
  598         (d)Any child adjudicated by the court and committed to the
  599  department under a restrictiveness level described in s.
  600  985.03(44)(a)–(d), for any offense or attempted offense
  601  involving a firearm must be placed on conditional release, as
  602  defined in s. 985.03, for a period of 1 year following his or
  603  her release from a commitment program. Such term of conditional
  604  release shall include electronic monitoring of the child by the
  605  department for the initial 6 months following his or her release
  606  and at times and under terms and conditions set by the
  607  department.
  608         (8) If the court determines not to adjudicate and commit to
  609  the department, then the court shall determine what community
  610  based sanctions it will impose in a probation program for the
  611  child. Community-based sanctions may include, but are not
  612  limited to, participation in substance abuse treatment, a day
  613  treatment probation program, restitution in money or in kind, a
  614  curfew, revocation or suspension of the driver license of the
  615  child, community service, and appropriate educational programs
  616  as determined by the district school board.
  617         (a)1.Where a child is found to have committed an offense
  618  that involves the use or possession of a firearm, as defined in
  619  s. 790.001, other than a violation of s. 790.22(3), or is found
  620  to have committed an offense during the commission of which the
  621  child possessed a firearm, and the court has decided not to
  622  commit the child to a residential program, the court shall order
  623  the child, in addition to any other punishment provided by law,
  624  to:
  625         a.Serve a period of detention of 30 days in a secure
  626  detention facility, with credit for time served in secure
  627  detention prior to disposition.
  628         b.Perform 100 hours of community service or paid work as
  629  determined by the department.
  630         c.Be placed on probation for a period of at least 1 year.
  631  Such term of probation shall include electronic monitoring of
  632  the child by the department at times and under terms and
  633  conditions set by the department.
  634         2.In addition to the penalties in subparagraph 1., the
  635  court may impose the following restrictions upon the child’s
  636  driving privileges:
  637         a.If the child is eligible by reason of age for a driver
  638  license or driving privilege, the court may direct the
  639  Department of Highway Safety and Motor Vehicles to revoke or to
  640  withhold issuance of the child’s driver license or driving
  641  privilege for up to 1 year.
  642         b.If the child’s driver license or driving privilege is
  643  under suspension or revocation for any reason, the court may
  644  direct the Department of Highway Safety and Motor Vehicles to
  645  extend the period of suspension or revocation by an additional
  646  period for up to 1 year.
  647         c.If the child is ineligible by reason of age for a driver
  648  license or driving privilege, the court may direct the
  649  Department of Highway Safety and Motor Vehicles to withhold
  650  issuance of the minor’s driver license or driving privilege for
  651  up to 1 year after the date on which the child would otherwise
  652  have become eligible.
  653  
  654  For the purposes of this paragraph, community service shall be
  655  performed, if possible, in a manner involving a hospital
  656  emergency room or other medical environment that deals on a
  657  regular basis with trauma patients and gunshot wounds.
  658         (b)A child who has previously had adjudication withheld
  659  for any of the following offenses shall not be eligible for a
  660  second or subsequent withhold of adjudication if he or she is
  661  subsequently found to have committed any of the following
  662  offenses, and must be adjudicated delinquent and committed to a
  663  residential program:
  664         1.Armed robbery involving a firearm under s. 812.13(2)(a).
  665         2.Armed carjacking under s. 812.133(2)(a) involving the
  666  use or possession of a firearm as defined in s. 790.001.
  667         3.Having a firearm while committing a felony under s.
  668  790.07(2).
  669         4. Armed burglary under s. 810.02(2)(b) involving the use
  670  or possession of a firearm as defined in s. 790.001.
  671         5.Delinquent in possession of a firearm under s.
  672  790.23(1)(b).
  673         6.An attempt to commit any offense listed in this
  674  paragraph under s. 777.04.
  675         (9) After appropriate sanctions for the offense are
  676  determined, including any minimum sanctions required by this
  677  section, the court shall develop, approve, and order a plan of
  678  probation that will contain rules, requirements, conditions, and
  679  rehabilitative programs, including the option of a day-treatment
  680  probation program, that are designed to encourage responsible
  681  and acceptable behavior and to promote both the rehabilitation
  682  of the child and the protection of the community.
  683         Section 12. Subsections (1), (3), and (4) of section
  684  985.435, Florida Statutes, are amended to read:
  685         985.435 Probation and postcommitment probation; community
  686  service.—
  687         (1) The court that has jurisdiction over an adjudicated
  688  delinquent child may, by an order stating the facts upon which a
  689  determination of a sanction and rehabilitative program was made
  690  at the disposition hearing, place the child in a probation
  691  program or a postcommitment probation program. Such placement
  692  must be under the supervision of an authorized agent of the
  693  department or of any other person or agency specifically
  694  authorized and appointed by the court, whether in the child’s
  695  own home, in the home of a relative of the child, or in some
  696  other suitable place under such reasonable conditions as the
  697  court may direct.
  698         (3) A probation program must also include a rehabilitative
  699  program component such as a requirement of participation in
  700  substance abuse treatment or in a school or career and technical
  701  education program. The nonconsent of the child to treatment in a
  702  substance abuse treatment program in no way precludes the court
  703  from ordering such treatment. Upon the recommendation of the
  704  department at the time of disposition, or subsequent to
  705  disposition pursuant to the filing of a petition alleging a
  706  violation of the child’s conditions of postcommitment probation,
  707  the court may order the child to submit to random testing for
  708  the purpose of detecting and monitoring the use of alcohol or
  709  controlled substances.
  710         (4) A probation program must may also include an
  711  alternative consequence component to address instances in which
  712  a child is noncompliant with technical conditions of his or her
  713  probation but has not committed any new violations of law. The
  714  alternative consequence component must be aligned with the
  715  department’s graduated response matrix as described in s.
  716  985.438 Each judicial circuit shall develop, in consultation
  717  with judges, the state attorney, the public defender, the
  718  regional counsel, relevant law enforcement agencies, and the
  719  department, a written plan specifying the alternative
  720  consequence component which must be based upon the principle
  721  that sanctions must reflect the seriousness of the violation,
  722  the assessed criminogenic needs and risks of the child, the
  723  child’s age and maturity level, and how effective the sanction
  724  or incentive will be in moving the child to compliant behavior.
  725  The alternative consequence component is designed to provide
  726  swift and appropriate consequences or incentives to a child who
  727  is alleged to be noncompliant with or in violation of probation.
  728  If the probation program includes this component, specific
  729  consequences that apply to noncompliance with specific technical
  730  conditions of probation, as well as incentives used to move the
  731  child toward compliant behavior, must be detailed in the
  732  disposition order.
  733         Section 13. Section 985.438, Florida Statutes, is created
  734  to read:
  735         985.438Graduated response matrix.—
  736         (1)The department shall create and administer a statewide
  737  plan to hold youths accountable to the terms of their court
  738  ordered probation and the terms of their conditional release.
  739  The plan must be based upon the principle that sanctions must
  740  reflect the seriousness of the violation, provide immediate
  741  accountability for violations, the assessed criminogenic needs
  742  and risks of the child, and the child’s age and maturity level.
  743  The plan is designed to provide swift and appropriate
  744  consequences or incentives to a child who is alleged to be
  745  noncompliant with or in violation of his or her probation.
  746         (2)The graduated response matrix shall outline sanctions
  747  for youth based on their risk to reoffend and shall include, but
  748  not be limited to:
  749         (a)Increased contacts.
  750         (b)Increased drug tests.
  751         (c)Curfew reductions.
  752         (d)Increased community service.
  753         (e)Additional evaluations.
  754         (f)Addition of electronic monitoring.
  755         (3)The graduated response matrix shall be adopted in rule
  756  by the department.
  757         Section 14. Section 985.439, Florida Statutes, is amended
  758  to read:
  759         985.439 Violation of probation or postcommitment
  760  probation.—
  761         (1)(a) This section is applicable when the court has
  762  jurisdiction over a child on probation or postcommitment
  763  probation, regardless of adjudication.
  764         (b) If the conditions of the probation program or the
  765  postcommitment probation program are violated, the department or
  766  the state attorney may bring the child before the court on a
  767  petition alleging a violation of the program. A child who
  768  violates the conditions of probation or postcommitment probation
  769  must be brought before the court if sanctions are sought.
  770         (c)Upon receiving notice of a violation of probation from
  771  the department, the state attorney must file the violation
  772  within 5 days or provide in writing to the department and the
  773  court the reason as to why he or she is not filing.
  774         (2) A child taken into custody under s. 985.101 for
  775  violating the conditions of probation shall be screened and
  776  detained or released based on his or her risk assessment
  777  instrument score.
  778         (3) If the child denies violating the conditions of
  779  probation or postcommitment probation, the court shall, upon the
  780  child’s request, appoint counsel to represent the child.
  781         (4) Upon the child’s admission, or if the court finds after
  782  a hearing that the child has violated the conditions of
  783  probation or postcommitment probation, the court shall enter an
  784  order revoking, modifying, or continuing probation or
  785  postcommitment probation. In each such case, the court shall
  786  enter a new disposition order and, in addition to the sanctions
  787  set forth in this section, may impose any sanction the court
  788  could have imposed at the original disposition hearing. If the
  789  child is found to have violated the conditions of probation or
  790  postcommitment probation, the court may:
  791         (a) Place the child in supervised release detention with
  792  electronic monitoring.
  793         (b) If the violation of probation is technical in nature
  794  and not a new violation of law, place the child in an
  795  alternative consequence program designed to provide swift and
  796  appropriate consequences to any further violations of probation.
  797         1.Alternative consequence programs shall be established,
  798  within existing resources, at the local level in coordination
  799  with law enforcement agencies, the chief judge of the circuit,
  800  the state attorney, and the public defender.
  801         2.Alternative consequence programs may be operated by an
  802  entity such as a law enforcement agency, the department, a
  803  juvenile assessment center, a county or municipality, or another
  804  entity selected by the department.
  805         3.Upon placing a child in an alternative consequence
  806  program, the court must approve specific consequences for
  807  specific violations of the conditions of probation.
  808         (c) Modify or continue the child’s probation program or
  809  postcommitment probation program.
  810         (d) Revoke probation or postcommitment probation and commit
  811  the child to the department.
  812         (e)Allow the department to place a child on electronic
  813  monitoring for a violation of probation if it determines doing
  814  so will preserve and protect public safety.
  815         (5) Upon the recommendation of the department at the time
  816  of disposition, or subsequent to disposition pursuant to the
  817  filing of a petition alleging a violation of the child’s
  818  conditions of postcommitment probation, the court may order the
  819  child to submit to random testing for the purpose of detecting
  820  and monitoring the use of alcohol or controlled substances.
  821         Section 15. Subsection (5) is added to section 985.455,
  822  Florida Statutes, to read:
  823         985.455 Other dispositional issues.—
  824         (5)If the court orders revocation or suspension of a
  825  child’s driver license as part of a disposition, the court may,
  826  upon finding a compelling circumstance to warrant an exception,
  827  direct the Department of Highway Safety and Motor Vehicles to
  828  issue a license for driving privileges restricted to business or
  829  employment purposes only, as defined in s. 322.271.
  830         Section 16. Subsections (2), (3), and (5) of section
  831  985.46, Florida Statutes, are amended, and subsection (6) is
  832  added to that section, to read:
  833         985.46 Conditional release.—
  834         (2) It is the intent of the Legislature that:
  835         (a) Commitment programs include rehabilitative efforts on
  836  preparing committed juveniles for a successful release to the
  837  community.
  838         (b) Conditional release transition planning begins as early
  839  in the commitment process as possible.
  840         (c) Each juvenile committed to a residential commitment
  841  program receive conditional release services be assessed to
  842  determine the need for conditional release services upon release
  843  from the commitment program unless the juvenile is directly
  844  released by the court.
  845         (3) For juveniles referred or committed to the department,
  846  the function of the department may include, but shall not be
  847  limited to, supervising each juvenile on conditional release
  848  when assessing each juvenile placed in a residential commitment
  849  program to determine the need for conditional release services
  850  upon release from the program, supervising the juvenile when
  851  released into the community from a residential commitment
  852  facility of the department, providing such counseling and other
  853  services as may be necessary for the families and assisting
  854  their preparations for the return of the child. Subject to
  855  specific appropriation, the department shall provide for
  856  outpatient sexual offender counseling for any juvenile sexual
  857  offender released from a residential commitment program as a
  858  component of conditional release.
  859         (5)Conditional release supervision shall contain, at a
  860  minimum, the following conditions:
  861         (a)(5) Participation in the educational program by students
  862  of compulsory school attendance age pursuant to s. 1003.21(1)
  863  and (2)(a) is mandatory for juvenile justice youth on
  864  conditional release or postcommitment probation status. A
  865  student of noncompulsory school-attendance age who has not
  866  received a high school diploma or its equivalent must
  867  participate in an educational program or career and technical
  868  education course of study. A youth who has received a high
  869  school diploma or its equivalent and is not employed must
  870  participate in workforce development or other career or
  871  technical education or attend a community college or a
  872  university while in the program, subject to available funding.
  873         (b)A curfew.
  874         (c)A prohibition on contact with victims, co-defendants,
  875  or known gang members.
  876         (d)A prohibition on use of controlled substances.
  877         (e)A prohibition on possession of firearms.
  878         (6)A youth who violates the terms of his or her
  879  conditional release shall be assessed using the graduated
  880  response matrix as described in s. 985.438. A youth who fails to
  881  move into compliance shall be recommitted to a residential
  882  facility.
  883         Section 17. Paragraph (c) of subsection (1) of section
  884  985.48, Florida Statutes, is amended to read:
  885         985.48 Juvenile sexual offender commitment programs; sexual
  886  abuse intervention networks.—
  887         (1) In order to provide intensive treatment and
  888  psychological services to a juvenile sexual offender committed
  889  to the department, it is the intent of the Legislature to
  890  establish programs and strategies to effectively respond to
  891  juvenile sexual offenders. In designing programs for juvenile
  892  sexual offenders, it is the further intent of the Legislature to
  893  implement strategies that include:
  894         (c) Providing intensive postcommitment supervision of
  895  juvenile sexual offenders who are released into the community
  896  with terms and conditions which may include electronic
  897  monitoring of a juvenile sexual offender for the purpose of
  898  enhancing public safety.
  899         Section 18. Paragraph (a) of subsection (6) of section
  900  985.4815, Florida Statutes, is amended to read:
  901         985.4815 Notification to Department of Law Enforcement of
  902  information on juvenile sexual offenders.—
  903         (6)(a) The information provided to the Department of Law
  904  Enforcement must include the following:
  905         1. The information obtained from the sexual offender under
  906  subsection (4).
  907         2. The sexual offender’s most current address and place of
  908  permanent, temporary, or transient residence within the state or
  909  out of state, and address, location or description, and dates of
  910  any current or known future temporary residence within the state
  911  or out of state, while the sexual offender is in the care or
  912  custody or under the jurisdiction or supervision of the
  913  department in this state, including the name of the county or
  914  municipality in which the offender permanently or temporarily
  915  resides, or has a transient residence, and address, location or
  916  description, and dates of any current or known future temporary
  917  residence within the state or out of state; and, if known, the
  918  intended place of permanent, temporary, or transient residence,
  919  and address, location or description, and dates of any current
  920  or known future temporary residence within the state or out of
  921  state upon satisfaction of all sanctions.
  922         3. The legal status of the sexual offender and the
  923  scheduled termination date of that legal status.
  924         4. The location of, and local telephone number for, any
  925  department office that is responsible for supervising the sexual
  926  offender.
  927         5. An indication of whether the victim of the offense that
  928  resulted in the offender’s status as a sexual offender was a
  929  minor.
  930         6. The offense or offenses at adjudication and disposition
  931  that resulted in the determination of the offender’s status as a
  932  sex offender.
  933         7. A digitized photograph of the sexual offender, which
  934  must have been taken within 60 days before the offender was
  935  released from the custody of the department or a private
  936  correctional facility by expiration of sentence under s.
  937  944.275, or within 60 days after the onset of the department’s
  938  supervision of any sexual offender who is on probation,
  939  postcommitment probation, residential commitment, nonresidential
  940  commitment, licensed child-caring commitment, community control,
  941  conditional release, parole, provisional release, or control
  942  release or who is supervised by the department under the
  943  Interstate Compact Agreement for Probationers and Parolees. If
  944  the sexual offender is in the custody of a private correctional
  945  facility, the facility shall take a digitized photograph of the
  946  sexual offender within the time period provided in this
  947  subparagraph and shall provide the photograph to the department.
  948         Section 19. Subsection (11) of section 985.601, Florida
  949  Statutes, is renumbered as subsection (12), and a new subsection
  950  (11) is added to that section, to read:
  951         985.601 Administering the juvenile justice continuum.—
  952         (11)The department shall establish a class focused on the
  953  risk and consequences of youthful firearm offending which shall
  954  be provided by the department to any youth who has been
  955  adjudicated or had adjudication withheld for any offense
  956  involving the use or possession of a firearm.
  957         Section 20. Section 985.711, Florida Statutes, is amended
  958  to read:
  959         985.711 Introduction, removal, or possession of certain
  960  articles unlawful; penalty.—
  961         (1)(a) Except as authorized through program policy or
  962  operating procedure or as authorized by the facility
  963  superintendent, program director, or manager, a person may not
  964  introduce into or upon the grounds of a juvenile detention
  965  facility or commitment program, or take or send, or attempt to
  966  take or send, from a juvenile detention facility or commitment
  967  program, any of the following articles, which are declared to be
  968  contraband under this section:
  969         1. Any unauthorized article of food or clothing given or
  970  transmitted, or intended to be given or transmitted, to any
  971  youth in a juvenile detention facility or commitment program.
  972         2. Any intoxicating beverage or any beverage that causes or
  973  may cause an intoxicating effect.
  974         3. Any controlled substance as defined in s. 893.02(4),
  975  marijuana as defined in s. 381.986, hemp as defined in s.
  976  581.217, industrial hemp as defined in s. 1004.4473, or any
  977  prescription or nonprescription drug that has a hypnotic,
  978  stimulating, or depressing effect.
  979         4. Any firearm or weapon of any kind or any explosive
  980  substance.
  981         5. Any cellular telephone or other portable communication
  982  device as described in s. 944.47(1)(a)6., intentionally and
  983  unlawfully introduced inside the secure perimeter of any
  984  juvenile detention facility or commitment program. As used in
  985  this subparagraph, the term “portable communication device” does
  986  not include any device that has communication capabilities which
  987  has been approved or issued by the facility superintendent,
  988  program director, or manager.
  989         6. Any vapor-generating electronic device as defined in s.
  990  386.203, intentionally and unlawfully introduced inside the
  991  secure perimeter of any juvenile detention facility or
  992  commitment program.
  993         7.Any currency or coin given or transmitted, or intended
  994  to be given or transmitted, to any youth in any juvenile
  995  detention facility or commitment program.
  996         8.Any cigarettes, as defined in s. 210.01(1) or tobacco
  997  products, as defined in s. 210.25, given, or intended to be
  998  given, to any youth in a juvenile detention facility or
  999  commitment program.
 1000         (b) A person may not transmit contraband to, cause
 1001  contraband to be transmitted to or received by, attempt to
 1002  transmit contraband to, or attempt to cause contraband to be
 1003  transmitted to or received by, a juvenile offender into or upon
 1004  the grounds of a juvenile detention facility or commitment
 1005  program, except as authorized through program policy or
 1006  operating procedures or as authorized by the facility
 1007  superintendent, program director, or manager.
 1008         (c) A juvenile offender or any person, while upon the
 1009  grounds of a juvenile detention facility or commitment program,
 1010  may not be in actual or constructive possession of any article
 1011  or thing declared to be contraband under this section, except as
 1012  authorized through program policy or operating procedures or as
 1013  authorized by the facility superintendent, program director, or
 1014  manager.
 1015         (2)(a)Any person who violates this section as it pertains
 1016  to an article of contraband described in subparagraph (1)(a)1.
 1017  commits a felony of the third degree, punishable as provided in
 1018  s. 775.082, s. 775.083, or s. 775.084.
 1019         (b)Any person who violates this section as it pertains to
 1020  an article of contraband described in subparagraph (1)(a)5. or
 1021  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
 1022  punishable as provided in s. 775.082 or s. 775.083.
 1023         (c)In all other cases, A person who violates this section
 1024  commits a felony of the second degree, punishable as provided in
 1025  s. 775.082, s. 775.083, or s. 775.084.
 1026         Section 21. Paragraph (c) of subsection (2) of section
 1027  1002.221, Florida Statutes, is amended to read:
 1028         1002.221 K-12 education records; public records exemption.—
 1029         (2)
 1030         (c) In accordance with the FERPA and the federal
 1031  regulations issued pursuant to the FERPA, an agency or
 1032  institution, as defined in s. 1002.22, may release a student’s
 1033  education records without written consent of the student or
 1034  parent to parties to an interagency agreement among the
 1035  Department of Juvenile Justice, the school, law enforcement
 1036  authorities, and other signatory agencies. Information provided
 1037  pursuant to an interagency agreement may be used for proceedings
 1038  initiated under chapter 984 or chapter 985 in furtherance of an
 1039  interagency agreement is intended solely for use in determining
 1040  the appropriate programs and services for each juvenile or the
 1041  juvenile’s family, or for coordinating the delivery of the
 1042  programs and services, and as such is inadmissible in any court
 1043  proceeding before a dispositional hearing unless written consent
 1044  is provided by a parent or other responsible adult on behalf of
 1045  the juvenile.
 1046         Section 22. Paragraph (b) of subsection (3) of section
 1047  943.051, Florida Statutes, is amended to read:
 1048         943.051 Criminal justice information; collection and
 1049  storage; fingerprinting.—
 1050         (3)
 1051         (b) A minor who is charged with or found to have committed
 1052  the following offenses shall be fingerprinted and the
 1053  fingerprints shall be submitted electronically to the
 1054  department, unless the minor is issued a prearrest delinquency
 1055  civil citation pursuant to s. 985.12:
 1056         1. Assault, as defined in s. 784.011.
 1057         2. Battery, as defined in s. 784.03.
 1058         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1059         4. Unlawful use of destructive devices or bombs, as defined
 1060  in s. 790.1615(1).
 1061         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1062         6. Assault or battery on a law enforcement officer, a
 1063  firefighter, or other specified officers, as defined in s.
 1064  784.07(2)(a) and (b).
 1065         7. Open carrying of a weapon, as defined in s. 790.053.
 1066         8. Exposure of sexual organs, as defined in s. 800.03.
 1067         9. Unlawful possession of a firearm, as defined in s.
 1068  790.22(5).
 1069         10. Petit theft, as defined in s. 812.014(3).
 1070         11. Cruelty to animals, as defined in s. 828.12(1).
 1071         12. Arson, as defined in s. 806.031(1).
 1072         13. Unlawful possession or discharge of a weapon or firearm
 1073  at a school-sponsored event or on school property, as provided
 1074  in s. 790.115.
 1075         Section 23. Paragraph (b) of subsection (1) of section
 1076  985.11, Florida Statutes, is amended to read:
 1077         985.11 Fingerprinting and photographing.—
 1078         (1)
 1079         (b) Unless the child is issued a prearrest delinquency
 1080  civil citation or is participating in a similar diversion
 1081  program pursuant to s. 985.12, a child who is charged with or
 1082  found to have committed one of the following offenses shall be
 1083  fingerprinted, and the fingerprints shall be submitted to the
 1084  Department of Law Enforcement as provided in s. 943.051(3)(b):
 1085         1. Assault, as defined in s. 784.011.
 1086         2. Battery, as defined in s. 784.03.
 1087         3. Carrying a concealed weapon, as defined in s. 790.01(2).
 1088         4. Unlawful use of destructive devices or bombs, as defined
 1089  in s. 790.1615(1).
 1090         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1091         6. Assault on a law enforcement officer, a firefighter, or
 1092  other specified officers, as defined in s. 784.07(2)(a).
 1093         7. Open carrying of a weapon, as defined in s. 790.053.
 1094         8. Exposure of sexual organs, as defined in s. 800.03.
 1095         9. Unlawful possession of a firearm, as defined in s.
 1096  790.22(5).
 1097         10. Petit theft, as defined in s. 812.014.
 1098         11. Cruelty to animals, as defined in s. 828.12(1).
 1099         12. Arson, resulting in bodily harm to a firefighter, as
 1100  defined in s. 806.031(1).
 1101         13. Unlawful possession or discharge of a weapon or firearm
 1102  at a school-sponsored event or on school property as defined in
 1103  s. 790.115.
 1104  
 1105         A law enforcement agency may fingerprint and photograph a
 1106  child taken into custody upon probable cause that such child has
 1107  committed any other violation of law, as the agency deems
 1108  appropriate. Such fingerprint records and photographs shall be
 1109  retained by the law enforcement agency in a separate file, and
 1110  these records and all copies thereof must be marked “Juvenile
 1111  Confidential.” These records are not available for public
 1112  disclosure and inspection under s. 119.07(1) except as provided
 1113  in ss. 943.053 and 985.04(2), but shall be available to other
 1114  law enforcement agencies, criminal justice agencies, state
 1115  attorneys, the courts, the child, the parents or legal
 1116  custodians of the child, their attorneys, and any other person
 1117  authorized by the court to have access to such records. In
 1118  addition, such records may be submitted to the Department of Law
 1119  Enforcement for inclusion in the state criminal history records
 1120  and used by criminal justice agencies for criminal justice
 1121  purposes. These records may, in the discretion of the court, be
 1122  open to inspection by anyone upon a showing of cause. The
 1123  fingerprint and photograph records shall be produced in the
 1124  court whenever directed by the court. Any photograph taken
 1125  pursuant to this section may be shown by a law enforcement
 1126  officer to any victim or witness of a crime for the purpose of
 1127  identifying the person who committed such crime.
 1128         Section 24. Paragraph (n) of subsection (2) of section
 1129  1006.07, Florida Statutes, is amended to read:
 1130         1006.07 District school board duties relating to student
 1131  discipline and school safety.—The district school board shall
 1132  provide for the proper accounting for all students, for the
 1133  attendance and control of students at school, and for proper
 1134  attention to health, safety, and other matters relating to the
 1135  welfare of students, including:
 1136         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1137  conduct for elementary schools and a code of student conduct for
 1138  middle and high schools and distribute the appropriate code to
 1139  all teachers, school personnel, students, and parents, at the
 1140  beginning of every school year. Each code shall be organized and
 1141  written in language that is understandable to students and
 1142  parents and shall be discussed at the beginning of every school
 1143  year in student classes, school advisory council meetings, and
 1144  parent and teacher association or organization meetings. Each
 1145  code shall be based on the rules governing student conduct and
 1146  discipline adopted by the district school board and shall be
 1147  made available in the student handbook or similar publication.
 1148  Each code shall include, but is not limited to:
 1149         (n) Criteria for recommending to law enforcement that a
 1150  student who commits a criminal offense be allowed to participate
 1151  in a prearrest delinquency citation civil citation or similar
 1152  prearrest diversion program as an alternative to expulsion or
 1153  arrest. All prearrest delinquency citation civil citation or
 1154  similar prearrest diversion programs must comply with s. 985.12.
 1155         Section 25. This act shall take effect July 1, 2024.
 1156  
 1157  ================= T I T L E  A M E N D M E N T ================
 1158  And the title is amended as follows:
 1159         Delete everything before the enacting clause
 1160  and insert:
 1161                        A bill to be entitled                      
 1162         An act relating to juvenile justice; amending s.
 1163         790.115, F.S.; removing a provision requiring
 1164         specified treatment of minors charged with possessing
 1165         or discharging a firearm on school property; amending
 1166         s. 790.22, F.S.; revising penalties for minors
 1167         committing specified firearms violations; removing
 1168         provisions concerning minors charged with or convicted
 1169         of certain firearms offenses; amending s. 985.101,
 1170         F.S.; conforming provisions to changes made by the
 1171         act; amending s. 985.12, F.S.; redesignating civil
 1172         citation programs as prearrest delinquency citation
 1173         programs; revising program requirements; providing
 1174         that certain existing programs meeting certain
 1175         requirements shall be deemed authorized; amending s.
 1176         985.125, F.S.; conforming provisions to changes made
 1177         by the act; amending s. 985.126, F.S.; requiring the
 1178         Department of Juvenile Justice to publish a quarterly
 1179         report concerning entities using delinquency citations
 1180         for less than a specified amount of eligible offenses;
 1181         amending s. 985.245, F.S.; conforming provisions to
 1182         changes made by the act; amending s. 985.25, F.S.;
 1183         requiring that youths who are arrested for certain
 1184         electronic monitoring violations be placed in secure
 1185         detention until a detention hearing; requiring that a
 1186         child on probation for an underlying felony firearm
 1187         offense who is taken into custody be placed in secure
 1188         detention; providing for renewal of secure detention
 1189         periods in certain circumstances; amending s. 985.255,
 1190         F.S.; providing that when there is probable cause that
 1191         a child committed one of a specified list of offenses
 1192         that he or she is presumed to be a risk to public
 1193         safety and danger to the community and must be held in
 1194         secure a detention before an adjudicatory hearing;
 1195         providing requirements for release of such a child
 1196         despite the presumption; revising language concerning
 1197         the use of risk assessments; amending s. 985.26, F.S.;
 1198         revising requirements for holding a child in secure
 1199         detention for more than 21 days; amending s. 985.433,
 1200         F.S.; requiring conditional release conditions for
 1201         children released after confinement for specified
 1202         firearms offenses; requiring specified sanctions for
 1203         certain children adjudicated for certain firearms
 1204         offenses who are not committed to a residential
 1205         program; providing that children who previously have
 1206         had adjudication withheld for certain offenses my not
 1207         have adjudication withheld for specified offenses;
 1208         amending s. 985.435, F.S.; conforming provisions to
 1209         changes made by the act; creating s. 985.438, F.S.;
 1210         requiring the Department of Juvenile Justice to create
 1211         and administer a graduated response matrix to hold
 1212         youths accountable to the terms of their court ordered
 1213         probation and the terms of their conditional release;
 1214         providing requirements for the matrix; amending s.
 1215         985.439, F.S.; requiring a state attorney to file a
 1216         probation violation within a specified period or
 1217         inform the court and the Department of Juvenile
 1218         Justice why such violation is not filed; removing
 1219         provisions concerning an alternative consequence
 1220         program; allowing placement of electronic monitoring
 1221         for probation violations in certain circumstances;
 1222         amending s. 985.455, F.S.; authorizing a court to make
 1223         an exception to an order of revocation or suspension
 1224         of driving privileges in certain circumstances;
 1225         amending s. 985.46, F.S.; revising legislative intent
 1226         concerning conditional release; revising the
 1227         conditions of conditional release; providing for
 1228         assessment of conditional release violations and
 1229         possible recommitment of violators; amending ss.
 1230         985.48 and 985.4815, F.S.; conforming provisions to
 1231         changes made by the act; amending s. 985.601, F.S.;
 1232         requiring the Department of Juvenile justice to
 1233         establish a specified class for firearms offenders;
 1234         amending s. 985.711, F.S.; revising provisions
 1235         concerning introduction of contraband into department
 1236         facilities; revising criminal penalties for
 1237         violations; amending s. 1002.221, F.S.; revising
 1238         provisions concerning educational records for certain
 1239         purposes; amending ss. 943.051, 985.11, and 1006.07,
 1240         F.S.; conforming provisions to changes made by the
 1241         act; providing an effective date.