Florida Senate - 2024                                    SB 1352
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01053B-24                                           20241352__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         381.887, F.S.; authorizing personnel of the Department
    4         of Juvenile Justice and of certain contracted
    5         providers to possess, store, and administer emergency
    6         opioid antagonists and providing immunity from civil
    7         or criminal liability for such personnel; amending s.
    8         790.22, F.S.; deleting a provision requiring the
    9         juvenile justice circuit advisory board to establish
   10         certain community service programs; amending s.
   11         938.17, F.S.; requiring sheriffs’ offices to submit an
   12         annual report regarding certain received proceeds to
   13         the department, rather than the juvenile justice
   14         circuit advisory board; amending s. 948.51, F.S.;
   15         requiring the public safety coordinating council to
   16         cooperate with the department, rather than the
   17         juvenile justice circuit advisory board, to prepare a
   18         comprehensive public safety plan; amending s. 985.02,
   19         F.S.; revising the legislative intent for the juvenile
   20         justice system relating to general protections for
   21         children and sex-specific, rather than gender
   22         specific, programming; amending s. 985.03, F.S.;
   23         revising definitions and defining the term “sex”;
   24         amending s. 985.115, F.S.; prohibiting juvenile
   25         assessment centers from being considered facilities
   26         that can receive children under specified
   27         circumstances; amending s. 985.126, F.S.; revising the
   28         information a diversion program is required to report
   29         about each minor from his or her gender to his or her
   30         sex; requiring the department to compile and
   31         semiannually publish certain data in a format that is
   32         searchable by sex rather than by gender; amending s.
   33         985.17, F.S.; revising the programming focus for the
   34         department’s prevention services for youth at risk of
   35         becoming delinquent to include sex-specific services
   36         rather than gender-specific services; amending s.
   37         985.26, F.S.; authorizing that transitions from secure
   38         detention care and supervised release detention care
   39         be initiated upon a court’s own motion or upon a
   40         motion from the child or the state; amending s.
   41         985.27, F.S.; revising the required court placement in
   42         secure detention for children who are adjudicated and
   43         awaiting placement in a moderate-risk, rather than
   44         nonsecure, residential commitment program; reenacting
   45         and amending s. 985.441, F.S.; authorizing a court to
   46         commit certain children to a moderate-risk, rather
   47         than nonsecure, residential placement under certain
   48         circumstances; amending s. 985.465, F.S.; revising the
   49         physically secure residential commitment program to
   50         send specified children to maximum-risk residential
   51         facilities rather than juvenile correctional
   52         facilities or prisons; amending s. 985.601, F.S.;
   53         revising certain required programs for rehabilitative
   54         treatment to include sex-specific programming rather
   55         than gender-specific programming; authorizing the
   56         department to use state or federal funds to purchase
   57         and distribute promotional and educational materials
   58         that are consistent with the dignity and integrity of
   59         the state for specified purposes; amending s. 985.664,
   60         F.S.; requiring, rather than authorizing, each
   61         judicial circuit to have a juvenile justice circuit
   62         advisory board; requiring the juvenile justice circuit
   63         advisory board to work with the chief probation
   64         officer of the circuit to use data to inform policy
   65         and practices that better improve the juvenile justice
   66         continuum; deleting provisions relating to the
   67         juvenile justice circuit advisory board’s purpose,
   68         duties, and responsibilities; decreasing the minimum
   69         number of members that each juvenile justice circuit
   70         advisory board is required to have; requiring that
   71         each member of the juvenile justice circuit advisory
   72         board be approved by the chief probation officer of
   73         the circuit, rather than the Secretary of Juvenile
   74         Justice; requiring the chief probation officer in each
   75         circuit to serve as the chair of the juvenile justice
   76         circuit advisory board for that circuit; deleting
   77         provisions relating to board membership and vacancies;
   78         deleting provisions relating to quorums and the
   79         passing of measures; deleting provisions requiring the
   80         establishment of executive committees and having
   81         bylaws; amending s. 985.676, F.S.; revising the
   82         required contents of a grant proposal applicants must
   83         submit to be considered for funding from an annual
   84         community juvenile justice partnership grant;
   85         requiring the department to consider the
   86         recommendations of community stakeholders, rather than
   87         the juvenile justice circuit advisory board, as to
   88         certain priorities; deleting the juvenile justice
   89         circuit advisory board from the entities to which each
   90         awarded grantee is required to submit an annual
   91         evaluation report; conforming a provision to changes
   92         made by the act; amending s. 1003.51, F.S.; revising
   93         requirements for certain State Board of Education
   94         rules to establish policies and standards for certain
   95         education programs; amending s. 1003.52, F.S.;
   96         revising the role of Coordinators for Juvenile Justice
   97         Education Programs in collecting certain information
   98         and developing certain protocols; deleting provisions
   99         relating to career and professional education (CAPE);
  100         deleting provisions related to requiring residential
  101         juvenile justice education programs to provide certain
  102         CAPE courses; requiring each district school board to
  103         make provisions for high school level students to earn
  104         credits towards high school graduation while in
  105         juvenile justice detention, prevention, or day
  106         treatment programs; authorizing district school boards
  107         to contract with private providers for the provision
  108         of education programs to students placed in such
  109         programs; requiring each district school board to
  110         negotiate a cooperative agreement with the department
  111         on the delivery of educational services to students in
  112         such programs; deleting provisions requiring the
  113         Department of Education, in consultation with the
  114         Department of Juvenile Justice, to adopt rules and
  115         collect data and report on certain programs; deleting
  116         a provision requiring that specified entities jointly
  117         develop a multiagency plan for CAPE; conforming
  118         provisions to changes made by the act; amending s.
  119         330.41, F.S.; conforming a provision to changes made
  120         by the act; amending s. 553.865, F.S.; conforming
  121         cross-references and provisions to changes made by the
  122         act; amending s. 1001.42, F.S.; conforming a provision
  123         to changes made by the act; reenacting s. 985.721,
  124         F.S., relating to escapes from secure detention or
  125         residential commitment facilities, to incorporate the
  126         amendment made to s. 985.03, F.S., in a reference
  127         thereto; reenacting s. 985.25(1), F.S., relating to
  128         detention intakes, to incorporate the amendment made
  129         to s. 985.115, F.S., in a reference thereto;
  130         reenacting s. 985.255(3), F.S., relating to detention
  131         criteria and detention hearings, to incorporate the
  132         amendment made to s. 985.27, F.S., in a reference
  133         thereto; reenacting ss. 985.475(2)(h) and
  134         985.565(4)(b), F.S., relating to juvenile sexual
  135         offenders and juvenile sanctions, respectively, to
  136         incorporate the amendment made to s. 985.441, F.S., in
  137         references thereto; providing an effective date.
  138          
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Subsection (4) of section 381.887, Florida
  142  Statutes, is amended to read:
  143         381.887 Emergency treatment for suspected opioid overdose.—
  144         (4) The following persons are authorized to possess, store,
  145  and administer emergency opioid antagonists as clinically
  146  indicated and are immune from any civil liability or criminal
  147  liability as a result of administering an emergency opioid
  148  antagonist:
  149         (a) Emergency responders, including, but not limited to,
  150  law enforcement officers, paramedics, and emergency medical
  151  technicians.
  152         (b) Crime laboratory personnel for the statewide criminal
  153  analysis laboratory system as described in s. 943.32, including,
  154  but not limited to, analysts, evidence intake personnel, and
  155  their supervisors.
  156         (c) Personnel of a law enforcement agency or an other
  157  agency, including, but not limited to, correctional probation
  158  officers and child protective investigators who, while acting
  159  within the scope or course of employment, come into contact with
  160  a controlled substance or persons at risk of experiencing an
  161  opioid overdose.
  162         (d)Personnel of the Department of Juvenile Justice and of
  163  any contracted provider with direct contact with youth
  164  authorized under chapter 984 or chapter 985.
  165         Section 2. Subsection (4) of section 790.22, Florida
  166  Statutes, is amended to read:
  167         790.22 Use of BB guns, air or gas-operated guns, or
  168  electric weapons or devices by minor under 16; limitation;
  169  possession of firearms by minor under 18 prohibited; penalties.—
  170         (4)(a) Any parent or guardian of a minor, or other adult
  171  responsible for the welfare of a minor, who knowingly and
  172  willfully permits the minor to possess a firearm in violation of
  173  subsection (3) commits a felony of the third degree, punishable
  174  as provided in s. 775.082, s. 775.083, or s. 775.084.
  175         (b) Any natural parent or adoptive parent, whether
  176  custodial or noncustodial, or any legal guardian or legal
  177  custodian of a minor, if that minor possesses a firearm in
  178  violation of subsection (3) may, if the court finds it
  179  appropriate, be required to participate in classes on parenting
  180  education which are approved by the Department of Juvenile
  181  Justice, upon the first conviction of the minor. Upon any
  182  subsequent conviction of the minor, the court may, if the court
  183  finds it appropriate, require the parent to attend further
  184  parent education classes or render community service hours
  185  together with the child.
  186         (c) The juvenile justice circuit advisory boards or the
  187  Department of Juvenile Justice shall establish appropriate
  188  community service programs to be available to the alternative
  189  sanctions coordinators of the circuit courts in implementing
  190  this subsection. The boards or department shall propose the
  191  implementation of a community service program in each circuit,
  192  and may submit a circuit plan, to be implemented upon approval
  193  of the circuit alternative sanctions coordinator.
  194         (d) For the purposes of this section, community service may
  195  be provided on public property as well as on private property
  196  with the expressed permission of the property owner. Any
  197  community service provided on private property is limited to
  198  such things as removal of graffiti and restoration of vandalized
  199  property.
  200         Section 3. Subsection (4) of section 938.17, Florida
  201  Statutes, is amended to read:
  202         938.17 County delinquency prevention; juvenile assessment
  203  centers and school board suspension programs.—
  204         (4) A sheriff’s office that receives proceeds pursuant to
  205  s. 939.185 shall account for all funds annually by August 1 in a
  206  written report to the Department of Juvenile Justice juvenile
  207  justice circuit advisory board if funds are used for assessment
  208  centers, and to the district school board if funds are used for
  209  suspension programs.
  210         Section 4. Subsection (2) of section 948.51, Florida
  211  Statutes, is amended to read:
  212         948.51 Community corrections assistance to counties or
  213  county consortiums.—
  214         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
  215  county, or a consortium of two or more counties, may contract
  216  with the Department of Corrections for community corrections
  217  funds as provided in this section. In order to enter into a
  218  community corrections partnership contract, a county or county
  219  consortium must have a public safety coordinating council
  220  established under s. 951.26 and must designate a county officer
  221  or agency to be responsible for administering community
  222  corrections funds received from the state. The public safety
  223  coordinating council shall prepare, develop, and implement a
  224  comprehensive public safety plan for the county, or the
  225  geographic area represented by the county consortium, and shall
  226  submit an annual report to the Department of Corrections
  227  concerning the status of the program. In preparing the
  228  comprehensive public safety plan, the public safety coordinating
  229  council shall cooperate with the Department of Juvenile Justice
  230  juvenile justice circuit advisory board established under s.
  231  985.664 in order to include programs and services for juveniles
  232  in the plan. To be eligible for community corrections funds
  233  under the contract, the initial public safety plan must be
  234  approved by the governing board of the county, or the governing
  235  board of each county within the consortium, and the Secretary of
  236  Corrections based on the requirements of this section. If one or
  237  more other counties develop a unified public safety plan, the
  238  public safety coordinating council shall submit a single
  239  application to the department for funding. Continued contract
  240  funding shall be pursuant to subsection (5). The plan for a
  241  county or county consortium must cover at least a 5-year period
  242  and must include:
  243         (a) A description of programs offered for the job placement
  244  and treatment of offenders in the community.
  245         (b) A specification of community-based intermediate
  246  sentencing options to be offered and the types and number of
  247  offenders to be included in each program.
  248         (c) Specific goals and objectives for reducing the
  249  projected percentage of commitments to the state prison system
  250  of persons with low total sentencing scores pursuant to the
  251  Criminal Punishment Code.
  252         (d) Specific evidence of the population status of all
  253  programs which are part of the plan, which evidence establishes
  254  that such programs do not include offenders who otherwise would
  255  have been on a less intensive form of community supervision.
  256         (e) The assessment of population status by the public
  257  safety coordinating council of all correctional facilities owned
  258  or contracted for by the county or by each county within the
  259  consortium.
  260         (f) The assessment of bed space that is available for
  261  substance abuse intervention and treatment programs and the
  262  assessment of offenders in need of treatment who are committed
  263  to each correctional facility owned or contracted for by the
  264  county or by each county within the consortium.
  265         (g) A description of program costs and sources of funds for
  266  each community corrections program, including community
  267  corrections funds, loans, state assistance, and other financial
  268  assistance.
  269         Section 5. Subsections (1) and (7) of section 985.02,
  270  Florida Statutes, are amended to read:
  271         985.02 Legislative intent for the juvenile justice system.—
  272         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  273  the Legislature that the children of this state be provided with
  274  the following protections:
  275         (a) Protection from abuse, neglect, and exploitation.
  276         (b) A permanent and stable home.
  277         (c) A safe and nurturing environment which will preserve a
  278  sense of personal dignity and integrity.
  279         (d) Adequate nutrition, shelter, and clothing.
  280         (e) Effective treatment to address physical, social, and
  281  emotional needs, regardless of geographical location.
  282         (f) Equal opportunity and access to quality and effective
  283  education, which will meet the individual needs of each child,
  284  and to recreation and other community resources to develop
  285  individual abilities.
  286         (g) Access to prevention programs and services.
  287         (h) Sex-specific Gender-specific programming and sex
  288  specific gender-specific program models and services that
  289  comprehensively address the needs of either sex a targeted
  290  gender group.
  291         (7) SEX-SPECIFIC GENDER-SPECIFIC PROGRAMMING.—
  292         (a) The Legislature finds that the needs of children served
  293  by the juvenile justice system are sex-specific gender-specific.
  294  A sex-specific gender-specific approach is one in which
  295  programs, services, and treatments comprehensively address the
  296  unique developmental needs of either sex a targeted gender group
  297  under the care of the department. Young women and men have
  298  different pathways to delinquency, display different patterns of
  299  offending, and respond differently to interventions, treatment,
  300  and services.
  301         (b) Sex-specific Gender-specific interventions focus on the
  302  differences between young females’ and young males’ social roles
  303  and responsibilities, access to and use of resources, history of
  304  trauma, and reasons for interaction with the juvenile justice
  305  system. Sex-specific Gender-specific programs increase the
  306  effectiveness of programs by making interventions more
  307  appropriate to the specific needs of young women and men and
  308  ensuring that these programs do not unknowingly create,
  309  maintain, or reinforce sex gender roles or relations that may be
  310  damaging.
  311         Section 6. Present subsections (46) through (54) of section
  312  985.03, Florida Statutes, are redesignated as subsections (47)
  313  through (55), respectively, a new subsection (46) is added to
  314  that section, and subsections (14) and (44) and present
  315  subsection (50) of that section are amended, to read:
  316         985.03 Definitions.—As used in this chapter, the term:
  317         (14) “Day treatment” means a nonresidential, community
  318  based program designed to provide therapeutic intervention to
  319  youth who are served by the department or, placed on probation
  320  or conditional release, or committed to the minimum-risk
  321  nonresidential level. A day treatment program may provide
  322  educational and career and technical education services and
  323  shall provide case management services; individual, group, and
  324  family counseling; training designed to address delinquency risk
  325  factors; and monitoring of a youth’s compliance with, and
  326  facilitation of a youth’s completion of, sanctions if ordered by
  327  the court. Program types may include, but are not limited to,
  328  career programs, marine programs, juvenile justice alternative
  329  schools, training and rehabilitation programs, and sex-specific
  330  gender-specific programs.
  331         (44) “Restrictiveness level” means the level of programming
  332  and security provided by programs that service the supervision,
  333  custody, care, and treatment needs of committed children.
  334  Sections 985.601(10) and 985.721 apply to children placed in
  335  programs at any residential commitment level. The
  336  restrictiveness levels of commitment are as follows:
  337         (a)Minimum-risk nonresidential.—Programs or program models
  338  at this commitment level work with youth who remain in the
  339  community and participate at least 5 days per week in a day
  340  treatment program. Youth assessed and classified for programs at
  341  this commitment level represent a minimum risk to themselves and
  342  public safety and do not require placement and services in
  343  residential settings. Youth in this level have full access to,
  344  and reside in, the community. Youth who have been found to have
  345  committed delinquent acts that involve firearms, that are sexual
  346  offenses, or that would be life felonies or first degree
  347  felonies if committed by an adult may not be committed to a
  348  program at this level.
  349         (b)Moderate-risk Nonsecure residential.—Programs or
  350  program models at this commitment level are residential but may
  351  allow youth to have supervised access to the community.
  352  Facilities at this commitment level are either environmentally
  353  secure, staff secure, or are hardware-secure with walls,
  354  fencing, or locking doors. Residential facilities at this
  355  commitment level shall have no more than 90 beds each, including
  356  campus-style programs, unless those campus-style programs
  357  include more than one treatment program using different
  358  treatment protocols, and have facilities that coexist separately
  359  in distinct locations on the same property. Facilities at this
  360  commitment level shall provide 24-hour awake supervision,
  361  custody, care, and treatment of residents. Youth assessed and
  362  classified for placement in programs at this commitment level
  363  represent a low or moderate risk to public safety and require
  364  close supervision. The staff at a facility at this commitment
  365  level may seclude a child who is a physical threat to himself or
  366  herself or others. Mechanical restraint may also be used when
  367  necessary.
  368         (b)(c)High-risk residential.—Programs or program models at
  369  this commitment level are residential and do not allow youth to
  370  have access to the community, except that temporary release
  371  providing community access for up to 72 continuous hours may be
  372  approved by a court for a youth who has made successful progress
  373  in his or her program in order for the youth to attend a family
  374  emergency or, during the final 60 days of his or her placement,
  375  to visit his or her home, enroll in school or a career and
  376  technical education program, complete a job interview, or
  377  participate in a community service project. High-risk
  378  residential facilities are hardware-secure with perimeter
  379  fencing and locking doors. Residential facilities at this
  380  commitment level shall have no more than 90 beds each, including
  381  campus-style programs, unless those campus-style programs
  382  include more than one treatment program using different
  383  treatment protocols, and have facilities that coexist separately
  384  in distinct locations on the same property. Facilities at this
  385  commitment level shall provide 24-hour awake supervision,
  386  custody, care, and treatment of residents. Youth assessed and
  387  classified for this level of placement require close supervision
  388  in a structured residential setting. Placement in programs at
  389  this level is prompted by a concern for public safety that
  390  outweighs placement in programs at lower commitment levels. The
  391  staff at a facility at this commitment level may seclude a child
  392  who is a physical threat to himself or herself or others.
  393  Mechanical restraint may also be used when necessary. The
  394  facility may provide for single cell occupancy, except that
  395  youth may be housed together during prerelease transition.
  396         (c)(d)Maximum-risk residential.Programs or program models
  397  at this commitment level include juvenile correctional
  398  facilities and juvenile prisons. The programs at this commitment
  399  level are long-term residential and do not allow youth to have
  400  access to the community. Facilities at this commitment level are
  401  maximum-custody, hardware-secure with perimeter security fencing
  402  and locking doors. Residential facilities at this commitment
  403  level shall have no more than 90 beds each, including campus
  404  style programs, unless those campus-style programs include more
  405  than one treatment program using different treatment protocols,
  406  and have facilities that coexist separately in distinct
  407  locations on the same property. Facilities at this commitment
  408  level shall provide 24-hour awake supervision, custody, care,
  409  and treatment of residents. The staff at a facility at this
  410  commitment level may seclude a child who is a physical threat to
  411  himself or herself or others. Mechanical restraint may also be
  412  used when necessary. Facilities at this commitment level shall
  413  provide for single cell occupancy, except that youth may be
  414  housed together during prerelease transition. Youth assessed and
  415  classified for this level of placement require close supervision
  416  in a maximum security residential setting. Placement in a
  417  program at this level is prompted by a demonstrated need to
  418  protect the public.
  419         (46)“Sex” has the same meaning as in s. 553.865.
  420         (51)(50) “Temporary release” means the terms and conditions
  421  under which a child is temporarily released from a residential
  422  commitment facility or allowed home visits. If the temporary
  423  release is from a moderate-risk nonsecure residential facility,
  424  a high-risk residential facility, or a maximum-risk residential
  425  facility, the terms and conditions of the temporary release must
  426  be approved by the child, the court, and the facility.
  427         Section 7. Subsection (2) of section 985.115, Florida
  428  Statutes, is amended to read:
  429         985.115 Release or delivery from custody.—
  430         (2) Unless otherwise ordered by the court under s. 985.255
  431  or s. 985.26, and unless there is a need to hold the child, a
  432  person taking a child into custody shall attempt to release the
  433  child as follows:
  434         (a) To the child’s parent, guardian, or legal custodian or,
  435  if the child’s parent, guardian, or legal custodian is
  436  unavailable, unwilling, or unable to provide supervision for the
  437  child, to any responsible adult. Prior to releasing the child to
  438  a responsible adult, other than the parent, guardian, or legal
  439  custodian, the person taking the child into custody may conduct
  440  a criminal history background check of the person to whom the
  441  child is to be released. If the person has a prior felony
  442  conviction, or a conviction for child abuse, drug trafficking,
  443  or prostitution, that person is not a responsible adult for the
  444  purposes of this section. The person to whom the child is
  445  released shall agree to inform the department or the person
  446  releasing the child of the child’s subsequent change of address
  447  and to produce the child in court at such time as the court may
  448  direct, and the child shall join in the agreement.
  449         (b) Contingent upon specific appropriation, to a shelter
  450  approved by the department or to an authorized agent.
  451         (c) If the child is believed to be suffering from a serious
  452  physical condition which requires either prompt diagnosis or
  453  prompt treatment, to a law enforcement officer who shall deliver
  454  the child to a hospital for necessary evaluation and treatment.
  455         (d) If the child is believed to be mentally ill as defined
  456  in s. 394.463(1), to a law enforcement officer who shall take
  457  the child to a designated public receiving facility as defined
  458  in s. 394.455 for examination under s. 394.463.
  459         (e) If the child appears to be intoxicated and has
  460  threatened, attempted, or inflicted physical harm on himself or
  461  herself or another, or is incapacitated by substance abuse, to a
  462  law enforcement officer who shall deliver the child to a
  463  hospital, addictions receiving facility, or treatment resource.
  464         (f) If available, to a juvenile assessment center equipped
  465  and staffed to assume custody of the child for the purpose of
  466  assessing the needs of the child in custody. The center may then
  467  release or deliver the child under this section with a copy of
  468  the assessment. A juvenile assessment center may not be
  469  considered a facility that can receive a child under paragraph
  470  (c), paragraph (d), or paragraph (e).
  471         Section 8. Subsections (3) and (4) of section 985.126,
  472  Florida Statutes, are amended to read:
  473         985.126 Diversion programs; data collection; denial of
  474  participation or expunged record.—
  475         (3)(a) Beginning October 1, 2018, each diversion program
  476  shall submit data to the department which identifies for each
  477  minor participating in the diversion program:
  478         1. The race, ethnicity, sex gender, and age of that minor.
  479         2. The offense committed, including the specific law
  480  establishing the offense.
  481         3. The judicial circuit and county in which the offense was
  482  committed and the law enforcement agency that had contact with
  483  the minor for the offense.
  484         4. Other demographic information necessary to properly
  485  register a case into the Juvenile Justice Information System
  486  Prevention Web, as specified by the department.
  487         (b) Beginning October 1, 2018, each law enforcement agency
  488  shall submit to the department data that identifies for each
  489  minor who was eligible for a diversion program, but was instead
  490  referred to the department, provided a notice to appear, or
  491  arrested:
  492         1. The data required pursuant to paragraph (a).
  493         2. Whether the minor was offered the opportunity to
  494  participate in a diversion program. If the minor was:
  495         a. Not offered such opportunity, the reason such offer was
  496  not made.
  497         b. Offered such opportunity, whether the minor or his or
  498  her parent or legal guardian declined to participate in the
  499  diversion program.
  500         (c) The data required pursuant to paragraph (a) shall be
  501  entered into the Juvenile Justice Information System Prevention
  502  Web within 7 days after the youth’s admission into the program.
  503         (d) The data required pursuant to paragraph (b) shall be
  504  submitted on or with the arrest affidavit or notice to appear.
  505         (4) Beginning January 1, 2019, the department shall compile
  506  and semiannually publish the data required by subsection (3) on
  507  the department’s website in a format that is, at a minimum,
  508  sortable by judicial circuit, county, law enforcement agency,
  509  race, ethnicity, sex gender, age, and offense committed.
  510         Section 9. Subsection (3) of section 985.17, Florida
  511  Statutes, is amended to read:
  512         985.17 Prevention services.—
  513         (3) The department’s prevention services for youth at risk
  514  of becoming delinquent should:
  515         (a) Focus on preventing initial or further involvement of
  516  such youth in the juvenile justice system by including services
  517  such as literacy services, sex-specific gender-specific
  518  programming, recreational services, and after-school services,
  519  and should include targeted services to troubled, truant,
  520  ungovernable, abused, trafficked, or runaway youth. To decrease
  521  the likelihood that a youth will commit a delinquent act, the
  522  department should use mentoring and may provide specialized
  523  services addressing the strengthening of families, job training,
  524  and substance abuse.
  525         (b) Address the multiple needs of such youth in order to
  526  decrease the prevalence of disproportionate minority
  527  representation in the juvenile justice system.
  528         Section 10. Paragraph (a) of subsection (2) of section
  529  985.26, Florida Statutes, is amended to read:
  530         985.26 Length of detention.—
  531         (2)(a)1. A court may order a child to be placed on
  532  supervised release detention care for any time period until an
  533  adjudicatory hearing is completed. However, if a child has
  534  served 60 days on supervised release detention care, the court
  535  must conduct a hearing within 15 days after the 60th day, to
  536  determine the need for continued supervised release detention
  537  care. At the hearing, and upon good cause being shown that the
  538  nature of the charge requires additional time for the
  539  prosecution or defense of the case or that the totality of the
  540  circumstances, including the preservation of public safety,
  541  warrants an extension, the court may order the child to remain
  542  on supervised release detention care until the adjudicatory
  543  hearing is completed.
  544         2. Except as provided in paragraph (b) or paragraph (c), a
  545  child may not be held in secure detention care under a special
  546  detention order for more than 21 days unless an adjudicatory
  547  hearing for the case has been commenced in good faith by the
  548  court.
  549         3. This section does not prohibit a court from
  550  transitioning a child to and from secure detention care and
  551  supervised release detention care, including electronic
  552  monitoring, when the court finds such a placement necessary, or
  553  no longer necessary, to preserve public safety or to ensure the
  554  child’s safety, appearance in court, or compliance with a court
  555  order. Such transition may be initiated upon the court’s own
  556  motion, or upon a motion of the child or of the state, and after
  557  considering any information provided by the department regarding
  558  the child’s adjustment to detention supervision. Each period of
  559  secure detention care or supervised release detention care
  560  counts toward the time limitations in this subsection whether
  561  served consecutively or nonconsecutively.
  562         Section 11. Section 985.27, Florida Statutes, is amended to
  563  read:
  564         985.27 Postdisposition detention while awaiting residential
  565  commitment placement.—The court must place all children who are
  566  adjudicated and awaiting placement in a moderate-risk nonsecure,
  567  high-risk, or maximum-risk residential commitment program in
  568  secure detention care until the placement or commitment is
  569  accomplished.
  570         Section 12. Subsection (2) of section 985.441, Florida
  571  Statutes, is amended, and paragraph (b) of subsection (1) and
  572  subsection (4) of that section are reenacted, to read:
  573         985.441 Commitment.—
  574         (1) The court that has jurisdiction of an adjudicated
  575  delinquent child may, by an order stating the facts upon which a
  576  determination of a sanction and rehabilitative program was made
  577  at the disposition hearing:
  578         (b) Commit the child to the department at a restrictiveness
  579  level defined in s. 985.03. Such commitment must be for the
  580  purpose of exercising active control over the child, including,
  581  but not limited to, custody, care, training, monitoring for
  582  substance abuse, electronic monitoring, and treatment of the
  583  child and release of the child from residential commitment into
  584  the community in a postcommitment nonresidential conditional
  585  release program. If the child is not successful in the
  586  conditional release program, the department may use the transfer
  587  procedure under subsection (4).
  588         (2) Notwithstanding subsection (1), the court having
  589  jurisdiction over an adjudicated delinquent child whose offense
  590  is a misdemeanor, or a child who is currently on probation for a
  591  misdemeanor, may not commit the child for any misdemeanor
  592  offense or any probation violation that is technical in nature
  593  and not a new violation of law at a restrictiveness level other
  594  than minimum-risk nonresidential. However, the court may commit
  595  such child to a moderate-risk nonsecure residential placement
  596  if:
  597         (a) The child has previously been adjudicated or had
  598  adjudication withheld for a felony offense;
  599         (b) The child has previously been adjudicated or had
  600  adjudication withheld for three or more misdemeanor offenses
  601  within the previous 18 months;
  602         (c) The child is before the court for disposition for a
  603  violation of s. 800.03, s. 806.031, or s. 828.12; or
  604         (d) The court finds by a preponderance of the evidence that
  605  the protection of the public requires such placement or that the
  606  particular needs of the child would be best served by such
  607  placement. Such finding must be in writing.
  608         (4) The department may transfer a child, when necessary to
  609  appropriately administer the child’s commitment, from one
  610  facility or program to another facility or program operated,
  611  contracted, subcontracted, or designated by the department,
  612  including a postcommitment nonresidential conditional release
  613  program, except that the department may not transfer any child
  614  adjudicated solely for a misdemeanor to a residential program
  615  except as provided in subsection (2). The department shall
  616  notify the court that committed the child to the department and
  617  any attorney of record for the child, in writing, of its intent
  618  to transfer the child from a commitment facility or program to
  619  another facility or program of a higher or lower restrictiveness
  620  level. If the child is under the jurisdiction of a dependency
  621  court, the department shall also provide notice to the
  622  dependency court and the Department of Children and Families,
  623  and, if appointed, the Guardian Ad Litem Program and the child’s
  624  attorney ad litem. The court that committed the child may agree
  625  to the transfer or may set a hearing to review the transfer. If
  626  the court does not respond within 10 days after receipt of the
  627  notice, the transfer of the child shall be deemed granted.
  628         Section 13. Section 985.465, Florida Statutes, is amended
  629  to read:
  630         985.465 Maximum-risk residential Juvenile correctional
  631  facilities or juvenile prison.—A maximum-risk juvenile
  632  correctional facility or juvenile prison is a physically secure
  633  residential commitment program with a designated length of stay
  634  from 18 months to 36 months, primarily serving children 13 years
  635  of age to 19 years of age or until the jurisdiction of the court
  636  expires. Each child committed to this level must meet one of the
  637  following criteria:
  638         (1) The child is at least 13 years of age at the time of
  639  the disposition for the current offense and has been adjudicated
  640  on the current offense for:
  641         (a) Arson;
  642         (b) Sexual battery;
  643         (c) Robbery;
  644         (d) Kidnapping;
  645         (e) Aggravated child abuse;
  646         (f) Aggravated assault;
  647         (g) Aggravated stalking;
  648         (h) Murder;
  649         (i) Manslaughter;
  650         (j) Unlawful throwing, placing, or discharging of a
  651  destructive device or bomb;
  652         (k) Armed burglary;
  653         (l) Aggravated battery;
  654         (m) Carjacking;
  655         (n) Home-invasion robbery;
  656         (o) Burglary with an assault or battery;
  657         (p) Any lewd or lascivious offense committed upon or in the
  658  presence of a person less than 16 years of age; or
  659         (q) Carrying, displaying, using, threatening to use, or
  660  attempting to use a weapon or firearm during the commission of a
  661  felony.
  662         (2) The child is at least 13 years of age at the time of
  663  the disposition, the current offense is a felony, and the child
  664  has previously been committed three or more times to a
  665  delinquency commitment program.
  666         (3) The child is at least 13 years of age and is currently
  667  committed for a felony offense and transferred from a moderate
  668  risk or high-risk residential commitment placement.
  669         (4) The child is at least 13 years of age at the time of
  670  the disposition for the current offense, the child is eligible
  671  for prosecution as an adult for the current offense, and the
  672  current offense is ranked at level 7 or higher on the Criminal
  673  Punishment Code offense severity ranking chart pursuant to s.
  674  921.0022.
  675         Section 14. Paragraph (a) of subsection (3) of section
  676  985.601, Florida Statutes, is amended, and subsection (12) is
  677  added to that section, to read:
  678         985.601 Administering the juvenile justice continuum.—
  679         (3)(a) The department shall develop or contract for
  680  diversified and innovative programs to provide rehabilitative
  681  treatment, including early intervention and prevention,
  682  diversion, comprehensive intake, case management, diagnostic and
  683  classification assessments, trauma-informed care, individual and
  684  family counseling, family engagement resources and programs,
  685  sex-specific gender-specific programming, shelter care,
  686  diversified detention care emphasizing alternatives to secure
  687  detention, diversified probation, halfway houses, foster homes,
  688  community-based substance abuse treatment services, community
  689  based mental health treatment services, community-based
  690  residential and nonresidential programs, mother-infant programs,
  691  and environmental programs. The department may pay expenses in
  692  support of innovative programs and activities that address
  693  identified needs and the well-being of children in the
  694  department’s care or under its supervision, subject to the
  695  requirements of chapters 215, 216, and 287. Each program shall
  696  place particular emphasis on reintegration and conditional
  697  release for all children in the program.
  698         (12)The department may use state or federal funds to
  699  purchase and distribute promotional and educational materials
  700  that are consistent with the dignity and integrity of the state
  701  for all of the following purposes:
  702         (a)Educating children and families about the juvenile
  703  justice continuum, including local prevention programs or
  704  community services available for participation or enrollment.
  705         (b)Staff recruitment at job fairs, career fairs, community
  706  events, the Institute for Commercialization of Florida
  707  Technology, community college campuses, or state university
  708  campuses.
  709         (c)Educating children and families on children-specific
  710  public safety issues, including, but not limited to, safe
  711  storage of adult-owned firearms, consequences of child firearm
  712  offenses, human trafficking, or drug and alcohol abuse.
  713         Section 15. Section 985.664, Florida Statutes, is amended
  714  to read:
  715         985.664 Juvenile justice circuit advisory boards.—
  716         (1) Each judicial circuit in this state shall have There is
  717  authorized a juvenile justice circuit advisory board to be
  718  established in each of the 20 judicial circuits. The Except in
  719  single-county circuits, each juvenile justice circuit advisory
  720  board shall work with the chief probation officer of the circuit
  721  to use data to inform policies and practices that better improve
  722  the juvenile justice continuum have a county organization
  723  representing each of the counties in the circuit. The county
  724  organization shall report directly to the juvenile justice
  725  circuit advisory board on the juvenile justice needs of the
  726  county. The purpose of each juvenile justice circuit advisory
  727  board is to provide advice and direction to the department in
  728  the development and implementation of juvenile justice programs
  729  and to work collaboratively with the department in seeking
  730  program improvements and policy changes to address the emerging
  731  and changing needs of Florida’s youth who are at risk of
  732  delinquency.
  733         (2) The duties and responsibilities of a juvenile justice
  734  circuit advisory board include, but are not limited to:
  735         (a) Developing a comprehensive plan for the circuit. The
  736  initial circuit plan shall be submitted to the department no
  737  later than December 31, 2014, and no later than June 30 every 3
  738  years thereafter. The department shall prescribe a format and
  739  content requirements for the submission of the comprehensive
  740  plan.
  741         (b) Participating in the facilitation of interagency
  742  cooperation and information sharing.
  743         (c) Providing recommendations for public or private grants
  744  to be administered by one of the community partners that support
  745  one or more components of the comprehensive circuit plan.
  746         (d) Providing recommendations to the department in the
  747  evaluation of prevention and early intervention grant programs,
  748  including the Community Juvenile Justice Partnership Grant
  749  program established in s. 985.676 and proceeds from the Invest
  750  in Children license plate annual use fees.
  751         (e) Providing an annual report to the department describing
  752  the board’s activities. The department shall prescribe a format
  753  and content requirements for submission of annual reports. The
  754  annual report must be submitted to the department no later than
  755  August 1 of each year.
  756         (3) Each juvenile justice circuit advisory board shall have
  757  a minimum of 14 16 members. The membership of each board must
  758  reflect:
  759         (a) The circuit’s geography and population distribution.
  760         (b) Diversity in the judicial circuit.
  761         (3)(4) Each member of the juvenile justice circuit advisory
  762  board must be approved by the chief probation officer of the
  763  circuit Secretary of Juvenile Justice, except those members
  764  listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The
  765  juvenile justice circuit advisory boards established under
  766  subsection (1) must include as members:
  767         (a) The state attorney or his or her designee.
  768         (b) The public defender or his or her designee.
  769         (c) The chief judge or his or her designee.
  770         (d) A representative of the corresponding circuit or
  771  regional entity of the Department of Children and Families.
  772         (e) The sheriff or the sheriff’s designee from each county
  773  in the circuit.
  774         (f) A police chief or his or her designee from each county
  775  in the circuit.
  776         (g) A county commissioner or his or her designee from each
  777  county in the circuit.
  778         (h) The superintendent of each school district in the
  779  circuit or his or her designee.
  780         (i) A representative from the workforce organization of
  781  each county in the circuit.
  782         (j) A representative of the business community.
  783         (k) A youth representative who has had an experience with
  784  the juvenile justice system and is not older than 21 years of
  785  age.
  786         (l) A representative of the faith community.
  787         (m) A health services representative who specializes in
  788  mental health care, victim-service programs, or victims of
  789  crimes.
  790         (n) A parent or family member of a youth who has been
  791  involved with the juvenile justice system.
  792         (o) Up to three five representatives from any of the
  793  community following who are not otherwise represented in this
  794  subsection:
  795         1. Community leaders.
  796         2. Youth-serving coalitions.
  797         (4)(5)The chief probation officer in each circuit shall
  798  serve as the chair of the juvenile justice circuit advisory
  799  board for that circuit When a vacancy in the office of the chair
  800  occurs, the juvenile justice circuit advisory board shall
  801  appoint a new chair, who must meet the board membership
  802  requirements in subsection (4). The chair shall appoint members
  803  to vacant seats within 45 days after the vacancy and submit the
  804  appointments to the department for approval. The chair shall
  805  serve at the pleasure of the Secretary of Juvenile Justice.
  806         (6) A member may not serve more than three consecutive 2
  807  year terms, except those members listed in paragraphs (4)(a),
  808  (b), (c), (e), (f), (g), and (h). A former member who has not
  809  served on the juvenile justice circuit advisory board for 2
  810  years is eligible to serve on the juvenile justice circuit
  811  advisory board again.
  812         (7) At least half of the voting members of the juvenile
  813  justice circuit advisory board constitutes a quorum. A quorum
  814  must be present in order for the board to vote on a measure or
  815  position.
  816         (8) In order for a juvenile justice circuit advisory board
  817  measure or position to pass, it must receive more than 50
  818  percent of the vote.
  819         (9) Each juvenile justice circuit advisory board must
  820  provide for the establishment of an executive committee of not
  821  more than 10 members. The duties and authority of the executive
  822  committee must be addressed in the bylaws.
  823         (10) Each juvenile justice circuit advisory board shall
  824  have bylaws. The department shall prescribe a format and content
  825  requirements for the bylaws. All bylaws must be approved by the
  826  department. The bylaws shall address at least the following
  827  issues: election or appointment of officers; filling of vacant
  828  positions; meeting attendance requirements; and the
  829  establishment and duties of an executive committee.
  830         (11) Members of juvenile justice circuit advisory boards
  831  are subject to part III of chapter 112.
  832         Section 16. Subsections (1) and (2) of section 985.676,
  833  Florida Statutes, are amended to read:
  834         985.676 Community juvenile justice partnership grants.—
  835         (1) GRANTS; CRITERIA.—
  836         (a) In order to encourage the development of a circuit
  837  juvenile justice plan and the development and implementation of
  838  circuit interagency agreements under s. 985.664, the community
  839  juvenile justice partnership grant program is established and
  840  shall be administered by the department.
  841         (b) In awarding these grants, the department shall consider
  842  applications that at a minimum provide for the following:
  843         1. The participation of the agencies and programs needed to
  844  implement the project or program for which the applicant is
  845  applying;
  846         2. The reduction of truancy and in-school and out-of-school
  847  suspensions and expulsions, the enhancement of school safety,
  848  and other delinquency early-intervention and diversion services;
  849         3. The number of youths from 10 through 17 years of age
  850  within the geographic area to be served by the program, giving
  851  those geographic areas having the highest number of youths from
  852  10 to 17 years of age priority for selection;
  853         4. The extent to which the program targets high-juvenile
  854  crime neighborhoods and those public schools serving juveniles
  855  from high-crime neighborhoods;
  856         5. The validity and cost-effectiveness of the program; and
  857         6. The degree to which the program is located in and
  858  managed by local leaders of the target neighborhoods and public
  859  schools serving the target neighborhoods.
  860         (c) In addition, the department may consider the following
  861  criteria in awarding grants:
  862         1. The circuit juvenile justice plan and any county
  863  juvenile justice plans that are referred to or incorporated into
  864  the circuit plan, including a list of individuals, groups, and
  865  public and private entities that participated in the development
  866  of the plan.
  867         2. The diversity of community entities participating in the
  868  development of the circuit juvenile justice plan.
  869         3. The number of community partners who will be actively
  870  involved in the operation of the grant program.
  871         4. The number of students or youths to be served by the
  872  grant and the criteria by which they will be selected.
  873         5. The criteria by which the grant program will be
  874  evaluated and, if deemed successful, the feasibility of
  875  implementation in other communities.
  876         (2) GRANT APPLICATION PROCEDURES.—
  877         (a) Each entity wishing to apply for an annual community
  878  juvenile justice partnership grant, which may be renewed for a
  879  maximum of 2 additional years for the same provision of
  880  services, shall submit a grant proposal for funding or continued
  881  funding to the department. The department shall establish the
  882  grant application procedures. In order to be considered for
  883  funding, the grant proposal shall include the following
  884  assurances and information:
  885         1. A letter from the chair of the juvenile justice circuit
  886  board confirming that the grant application has been reviewed
  887  and found to support one or more purposes or goals of the
  888  juvenile justice plan as developed by the board.
  889         2. A rationale and description of the program and the
  890  services to be provided, including goals and objectives.
  891         2.3. A method for identification of the juveniles most
  892  likely to be involved in the juvenile justice system who will be
  893  the focus of the program.
  894         3.4. Provisions for the participation of parents and
  895  guardians in the program.
  896         4.5. Coordination with other community-based and social
  897  service prevention efforts, including, but not limited to, drug
  898  and alcohol abuse prevention and dropout prevention programs,
  899  that serve the target population or neighborhood.
  900         5.6. An evaluation component to measure the effectiveness
  901  of the program in accordance with s. 985.632.
  902         6.7. A program budget, including the amount and sources of
  903  local cash and in-kind resources committed to the budget. The
  904  proposal must establish to the satisfaction of the department
  905  that the entity will make a cash or in-kind contribution to the
  906  program of a value that is at least equal to 20 percent of the
  907  amount of the grant.
  908         7.8. The necessary program staff.
  909         (b) The department shall consider the recommendations of
  910  community stakeholders the juvenile justice circuit advisory
  911  board as to the priority that should be given to proposals
  912  submitted by entities within a circuit in awarding such grants.
  913         (c) The department shall make available, to anyone wishing
  914  to apply for such a grant, information on all of the criteria to
  915  be used in the selection of the proposals for funding pursuant
  916  to the provisions of this subsection.
  917         (d) The department shall review all program proposals
  918  submitted. Entities submitting proposals shall be notified of
  919  approval not later than June 30 of each year.
  920         (e) Each entity that is awarded a grant as provided for in
  921  this section shall submit an annual evaluation report to the
  922  department and, the circuit juvenile justice manager, and the
  923  juvenile justice circuit advisory board, by a date subsequent to
  924  the end of the contract period established by the department,
  925  documenting the extent to which the program objectives have been
  926  met, the effect of the program on the juvenile arrest rate, and
  927  any other information required by the department. The department
  928  shall coordinate and incorporate all such annual evaluation
  929  reports with s. 985.632. Each entity is also subject to a
  930  financial audit and a performance audit.
  931         (f) The department may establish rules and policy
  932  provisions necessary to implement this section.
  933         Section 17. Subsection (2) of section 1003.51, Florida
  934  Statutes, is amended to read:
  935         1003.51 Other public educational services.—
  936         (2) The State Board of Education shall adopt rules
  937  articulating expectations for effective education programs for
  938  students in Department of Juvenile Justice programs, including,
  939  but not limited to, education programs in juvenile justice
  940  prevention, day treatment, residential, and detention programs.
  941  The rules rule shall establish policies and standards for
  942  education programs for students in Department of Juvenile
  943  Justice programs and shall include the following:
  944         (a) The interagency collaborative process needed to ensure
  945  effective programs with measurable results.
  946         (b) The responsibilities of the Department of Education,
  947  the Department of Juvenile Justice, CareerSource Florida, Inc.,
  948  district school boards, and providers of education services to
  949  students in Department of Juvenile Justice programs.
  950         (c) Academic expectations.
  951         (d) Career expectations.
  952         (e) Education transition planning and services.
  953         (f) Service delivery options available to district school
  954  boards, including direct service and contracting.
  955         (g) Assessment procedures, which:
  956         1. For prevention and, day treatment, and residential
  957  programs, include appropriate academic and career assessments
  958  administered at program entry and exit that are selected by the
  959  Department of Education in partnership with representatives from
  960  the Department of Juvenile Justice, district school boards, and
  961  education providers. Assessments must be completed within the
  962  first 10 school days after a student’s entry into the program.
  963         2. Provide for determination of the areas of academic need
  964  and strategies for appropriate intervention and instruction for
  965  each student in a detention facility within 5 school days after
  966  the student’s entry into the program and administer a research
  967  based assessment that will assist the student in determining his
  968  or her educational and career options and goals within 22 school
  969  days after the student’s entry into the program.
  970  
  971  The results of these assessments, together with a portfolio
  972  depicting the student’s academic and career accomplishments,
  973  shall be included in the discharge packet assembled for each
  974  student.
  975         (h) Recommended instructional programs, including, but not
  976  limited to:
  977         1. Secondary education.
  978         2. High school equivalency examination preparation.
  979         3. Postsecondary education.
  980         4. Career and professional education (CAPE).
  981         5. Job preparation.
  982         6. Virtual education that:
  983         a. Provides competency-based instruction that addresses the
  984  unique academic needs of the student through delivery by an
  985  entity accredited by an accrediting body approved by the
  986  Department of Education AdvanceED or the Southern Association of
  987  Colleges and Schools.
  988         b. Confers certifications and diplomas.
  989         c. Issues credit that articulates with and transcripts that
  990  are recognized by secondary schools.
  991         d. Allows the student to continue to access and progress
  992  through the program once the student leaves the juvenile justice
  993  system.
  994         (i) Funding requirements, which must provide that at least
  995  95 percent of the FEFP funds generated by students in Department
  996  of Juvenile Justice programs or in an education program for
  997  juveniles under s. 985.19 must be spent on instructional costs
  998  for those students. Department of Juvenile Justice education
  999  programs are entitled to 100 percent of the formula-based
 1000  categorical funds generated by students in Department of
 1001  Juvenile Justice programs. Such funds must be spent on
 1002  appropriate categoricals, such as instructional materials and
 1003  public school technology for those students.
 1004         (j) Qualifications of instructional staff, procedures for
 1005  the selection of instructional staff, and procedures for
 1006  consistent instruction and qualified staff year-round.
 1007  Qualifications shall include those for instructors of CAPE
 1008  courses, standardized across the state, and shall be based on
 1009  state certification, local school district approval, and
 1010  industry-recognized certifications as identified on the CAPE
 1011  Industry Certification Funding List. Procedures for the use of
 1012  noncertified instructional personnel who possess expert
 1013  knowledge or experience in their fields of instruction shall be
 1014  established.
 1015         (k) Transition services, including the roles and
 1016  responsibilities of appropriate personnel in the juvenile
 1017  justice education program, the school district where the student
 1018  will reenter, provider organizations, and the Department of
 1019  Juvenile Justice.
 1020         (l) Procedures and timeframe for transfer of education
 1021  records when a student enters and leaves a Department of
 1022  Juvenile Justice education program.
 1023         (m) The requirement that each district school board
 1024  maintain an academic transcript for each student enrolled in a
 1025  juvenile justice education program that delineates each course
 1026  completed by the student as provided by the State Course Code
 1027  Directory.
 1028         (n) The requirement that each district school board make
 1029  available and transmit a copy of a student’s transcript in the
 1030  discharge packet when the student exits a juvenile justice
 1031  education program.
 1032         (o) Contract requirements.
 1033         (p) Performance expectations for providers and district
 1034  school boards, including student performance measures by type of
 1035  program, education program performance ratings, school
 1036  improvement, and corrective action plans for low-performing
 1037  programs.
 1038         (q) The role and responsibility of the district school
 1039  board in securing workforce development funds.
 1040         (r) A series of graduated sanctions for district school
 1041  boards whose educational programs in Department of Juvenile
 1042  Justice programs are considered to be unsatisfactory and for
 1043  instances in which district school boards fail to meet standards
 1044  prescribed by law, rule, or State Board of Education policy.
 1045  These sanctions shall include the option of requiring a district
 1046  school board to contract with a provider or another district
 1047  school board if the educational program at the Department of
 1048  Juvenile Justice program is performing below minimum standards
 1049  and, after 6 months, is still performing below minimum
 1050  standards.
 1051         (q)(s) Curriculum, guidance counseling, transition, and
 1052  education services expectations, including curriculum
 1053  flexibility for detention centers operated by the Department of
 1054  Juvenile Justice.
 1055         (r)(t) Other aspects of program operations.
 1056         Section 18. Section 1003.52, Florida Statutes, is amended
 1057  to read:
 1058         1003.52 Educational services in Department of Juvenile
 1059  Justice programs.—
 1060         (1) The Department of Education shall serve as the lead
 1061  agency for juvenile justice education programs, curriculum,
 1062  support services, and resources. To this end, the Department of
 1063  Education and the Department of Juvenile Justice shall each
 1064  designate a Coordinator for Juvenile Justice Education Programs
 1065  to serve as the point of contact for resolving issues not
 1066  addressed by district school boards and to provide each
 1067  department’s participation in the following activities:
 1068         (a) Training, collaborating, and coordinating with district
 1069  school boards, local workforce development boards, and local
 1070  youth councils, educational contract providers, and juvenile
 1071  justice providers, whether state operated or contracted.
 1072         (b) Collecting information on the academic, career and
 1073  technical professional education (CAPE), and transition
 1074  performance of students in juvenile justice programs and
 1075  reporting on the results.
 1076         (c) Developing academic and career and technical education
 1077  CAPE protocols that provide guidance to district school boards
 1078  and juvenile justice education providers in all aspects of
 1079  education programming, including records transfer and
 1080  transition.
 1081         (d) Implementing a joint accountability, program
 1082  performance, and program improvement process.
 1083  
 1084  Annually, a cooperative agreement and plan for juvenile justice
 1085  education service enhancement shall be developed between the
 1086  Department of Juvenile Justice and the Department of Education
 1087  and submitted to the Secretary of Juvenile Justice and the
 1088  Commissioner of Education by June 30. The plan shall include, at
 1089  a minimum, each agency’s role regarding educational program
 1090  accountability, technical assistance, training, and coordination
 1091  of services.
 1092         (2) Students participating in Department of Juvenile
 1093  Justice education programs pursuant to chapter 985 which are
 1094  sponsored by a community-based agency or are operated or
 1095  contracted for by the Department of Juvenile Justice shall
 1096  receive education programs according to rules of the State Board
 1097  of Education. These students shall be eligible for services
 1098  afforded to students enrolled in programs pursuant to s. 1003.53
 1099  and all corresponding State Board of Education rules.
 1100         (3) The district school board of the county in which the
 1101  juvenile justice education prevention, day treatment,
 1102  residential, or detention program is located shall provide or
 1103  contract for appropriate educational assessments and an
 1104  appropriate program of instruction and special education
 1105  services.
 1106         (a) All contracts between a district school board desiring
 1107  to contract directly with juvenile justice education programs to
 1108  provide academic instruction for students in such programs must
 1109  be in writing. Unless both parties agree to an extension of
 1110  time, the district school board and the juvenile justice
 1111  education program shall negotiate and execute a new or renewal
 1112  contract within 40 days after the district school board provides
 1113  the proposal to the juvenile justice education program. The
 1114  Department of Education shall provide mediation services for any
 1115  disputes relating to this paragraph.
 1116         (b) District school boards shall satisfy invoices issued by
 1117  juvenile justice education programs within 15 working days after
 1118  receipt. If a district school board does not timely issue a
 1119  warrant for payment, it must pay to the juvenile justice
 1120  education program interest at a rate of 1 percent per month,
 1121  calculated on a daily basis, on the unpaid balance until such
 1122  time as a warrant is issued for the invoice and accrued interest
 1123  amount. The district school board may not delay payment to a
 1124  juvenile justice education program of any portion of funds owed
 1125  pending the district’s receipt of local funds.
 1126         (c) The district school board shall make provisions for
 1127  each student to participate in basic career and technical
 1128  education, CAPE, and exceptional student programs, as
 1129  appropriate. Students served in Department of Juvenile Justice
 1130  education programs shall have access to the appropriate courses
 1131  and instruction to prepare them for the high school equivalency
 1132  examination. Students participating in high school equivalency
 1133  examination preparation programs shall be funded at the basic
 1134  program cost factor for Department of Juvenile Justice programs
 1135  in the Florida Education Finance Program. Each program shall be
 1136  conducted according to applicable law providing for the
 1137  operation of public schools and rules of the State Board of
 1138  Education. School districts shall provide the high school
 1139  equivalency examination exit option for all juvenile justice
 1140  education programs.
 1141         (d) The Department of Education, with the assistance of the
 1142  school districts and juvenile justice education providers, shall
 1143  select a common student assessment instrument and protocol for
 1144  measuring student learning gains and student progression while a
 1145  student is in a juvenile justice education program. The
 1146  Department of Education and the Department of Juvenile Justice
 1147  shall jointly review the effectiveness of this assessment and
 1148  implement changes as necessary.
 1149         (4) Educational services shall be provided at times of the
 1150  day most appropriate for the juvenile justice program. School
 1151  programming in juvenile justice detention, prevention, or day
 1152  treatment, and residential programs shall be made available by
 1153  the local school district during the juvenile justice school
 1154  year, as provided in s. 1003.01(14). In addition, students in
 1155  juvenile justice education programs shall have access to courses
 1156  offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The
 1157  Department of Education and the school districts shall adopt
 1158  policies necessary to provide such access.
 1159         (5) The educational program shall provide instruction based
 1160  on each student’s individualized transition plan, assessed
 1161  educational needs, and the education programs available in the
 1162  school district in which the student will return. Depending on
 1163  the student’s needs, educational programming may consist of
 1164  remedial courses, academic courses required for grade
 1165  advancement, CAPE courses, high school equivalency examination
 1166  preparation, or exceptional student education curricula and
 1167  related services which support the transition goals and reentry
 1168  and which may lead to completion of the requirements for receipt
 1169  of a high school diploma or its equivalent. Prevention and day
 1170  treatment juvenile justice education programs, at a minimum,
 1171  shall provide career readiness and exploration opportunities as
 1172  well as truancy and dropout prevention intervention services.
 1173  Residential juvenile justice education programs with a
 1174  contracted minimum length of stay of 9 months shall provide CAPE
 1175  courses that lead to preapprentice certifications and industry
 1176  certifications. Programs with contracted lengths of stay of less
 1177  than 9 months may provide career education courses that lead to
 1178  preapprentice certifications and CAPE industry certifications.
 1179  If the duration of a program is less than 40 days, the
 1180  educational component may be limited to tutorial remediation
 1181  activities, career employability skills instruction, education
 1182  counseling, and transition services that prepare students for a
 1183  return to school, the community, and their home settings based
 1184  on the students’ needs.
 1185         (6) Participation in the program by students of compulsory
 1186  school-attendance age as provided for in s. 1003.21 shall be
 1187  mandatory. All students of noncompulsory school-attendance age
 1188  who have not received a high school diploma or its equivalent
 1189  shall participate in the educational program, unless the student
 1190  files a formal declaration of his or her intent to terminate
 1191  school enrollment as described in s. 1003.21 and is afforded the
 1192  opportunity to take the high school equivalency examination and
 1193  attain a Florida high school diploma before release from a
 1194  juvenile justice education program. A student who has received a
 1195  high school diploma or its equivalent and is not employed shall
 1196  participate in workforce development or other CAPE education or
 1197  Florida College System institution or university courses while
 1198  in the program, subject to available funding.
 1199         (7) An individualized progress monitoring plan shall be
 1200  developed for all students not classified as exceptional
 1201  education students upon entry in a juvenile justice education
 1202  program and upon reentry in the school district. These plans
 1203  shall address academic, literacy, and career and technical
 1204  skills and shall include provisions for intensive remedial
 1205  instruction in the areas of weakness.
 1206         (8) Each district school board shall maintain an academic
 1207  record for each student enrolled in a juvenile justice education
 1208  program as prescribed by s. 1003.51. Such record shall delineate
 1209  each course completed by the student according to procedures in
 1210  the State Course Code Directory. The district school board shall
 1211  include a copy of a student’s academic record in the discharge
 1212  packet when the student exits the program.
 1213         (9) Each district school board shall make provisions for
 1214  high school level students to earn credits toward high school
 1215  graduation while in residential and nonresidential juvenile
 1216  justice detention, prevention, or day treatment education
 1217  programs. Provisions must be made for the transfer of credits
 1218  and partial credits earned.
 1219         (10) School districts and juvenile justice education
 1220  providers shall develop individualized transition plans during
 1221  the course of a student’s stay in a juvenile justice education
 1222  program to coordinate academic, career and technical, and
 1223  secondary and postsecondary services that assist the student in
 1224  successful community reintegration upon release. Development of
 1225  the transition plan shall be a collaboration of the personnel in
 1226  the juvenile justice education program, reentry personnel,
 1227  personnel from the school district where the student will
 1228  return, the student, the student’s family, and the Department of
 1229  Juvenile Justice personnel for committed students.
 1230         (a) Transition planning must begin upon a student’s
 1231  placement in the program. The transition plan must include, at a
 1232  minimum:
 1233         1. Services and interventions that address the student’s
 1234  assessed educational needs and postrelease education plans.
 1235         2. Services to be provided during the program stay and
 1236  services to be implemented upon release, including, but not
 1237  limited to, continuing education in secondary school, CAPE
 1238  programs, postsecondary education, or employment, based on the
 1239  student’s needs.
 1240         3. Specific monitoring responsibilities to determine
 1241  whether the individualized transition plan is being implemented
 1242  and the student is provided access to support services that will
 1243  sustain the student’s success by individuals who are responsible
 1244  for the reintegration and coordination of these activities.
 1245         (b) For the purpose of transition planning and reentry
 1246  services, representatives from the school district and the one
 1247  stop center where the student will return shall participate as
 1248  members of the local Department of Juvenile Justice reentry
 1249  teams. The school district, upon return of a student from a
 1250  juvenile justice education program, must consider the individual
 1251  needs and circumstances of the student and the transition plan
 1252  recommendations when reenrolling a student in a public school. A
 1253  local school district may not maintain a standardized policy for
 1254  all students returning from a juvenile justice program but place
 1255  students based on their needs and their performance in the
 1256  juvenile justice education program, including any virtual
 1257  education options.
 1258         (c) The Department of Education and the Department of
 1259  Juvenile Justice shall provide oversight and guidance to school
 1260  districts, education providers, and reentry personnel on how to
 1261  implement effective educational transition planning and
 1262  services.
 1263         (11) The district school board shall recruit and train
 1264  teachers who are interested, qualified, or experienced in
 1265  educating students in juvenile justice programs. Students in
 1266  juvenile justice programs shall be provided a wide range of
 1267  education programs and opportunities including textbooks,
 1268  technology, instructional support, and resources commensurate
 1269  with resources provided to students in public schools, including
 1270  textbooks and access to technology. If the district school board
 1271  operates a juvenile justice education program at a juvenile
 1272  justice facility, the district school board, in consultation
 1273  with the director of the juvenile justice facility, shall select
 1274  the instructional personnel assigned to that program. The
 1275  Secretary of Juvenile Justice or the director of a juvenile
 1276  justice program may request that the performance of a teacher
 1277  assigned by the district to a juvenile justice education program
 1278  be reviewed by the district and that the teacher be reassigned
 1279  based upon an evaluation conducted pursuant to s. 1012.34 or for
 1280  inappropriate behavior. Juvenile justice education programs
 1281  shall have access to the substitute teacher pool used by the
 1282  district school board.
 1283         (12) District school boards may contract with a private
 1284  provider for the provision of education programs to students
 1285  placed in juvenile justice detention, prevention, or day
 1286  treatment programs with the Department of Juvenile Justice and
 1287  shall generate local, state, and federal funding, including
 1288  funding through the Florida Education Finance Program for such
 1289  students. The district school board’s planning and budgeting
 1290  process shall include the needs of Department of Juvenile
 1291  Justice education programs in the district school board’s plan
 1292  for expenditures for state categorical and federal funds.
 1293         (13)(a) Eligible students enrolled in juvenile justice
 1294  education programs shall be funded the same as students enrolled
 1295  in traditional public schools funded in the Florida Education
 1296  Finance Program and as specified in s. 1011.62 and the General
 1297  Appropriations Act.
 1298         (b) Juvenile justice education programs to receive the
 1299  appropriate FEFP funding for Department of Juvenile Justice
 1300  education programs shall include those operated through a
 1301  contract with the Department of Juvenile Justice.
 1302         (c) Consistent with the rules of the State Board of
 1303  Education, district school boards shall request an alternative
 1304  FTE survey for Department of Juvenile Justice education programs
 1305  experiencing fluctuations in student enrollment.
 1306         (d) FTE count periods shall be prescribed in rules of the
 1307  State Board of Education and shall be the same for programs of
 1308  the Department of Juvenile Justice as for other public school
 1309  programs. The summer school period for students in Department of
 1310  Juvenile Justice education programs shall begin on the day
 1311  immediately following the end of the regular school year and end
 1312  on the day immediately preceding the subsequent regular school
 1313  year. Students shall be funded for no more than 25 hours per
 1314  week of direct instruction.
 1315         (e) Each juvenile justice education program must receive
 1316  all federal funds for which the program is eligible.
 1317         (14) Each district school board shall negotiate a
 1318  cooperative agreement with the Department of Juvenile Justice on
 1319  the delivery of educational services to students in juvenile
 1320  justice detention, prevention, or day treatment programs under
 1321  the jurisdiction of the Department of Juvenile Justice. Such
 1322  agreement must include, but is not limited to:
 1323         (a) Roles and responsibilities of each agency, including
 1324  the roles and responsibilities of contract providers.
 1325         (b) Administrative issues including procedures for sharing
 1326  information.
 1327         (c) Allocation of resources including maximization of
 1328  local, state, and federal funding.
 1329         (d) Procedures for educational evaluation for educational
 1330  exceptionalities and special needs.
 1331         (e) Curriculum and delivery of instruction.
 1332         (f) Classroom management procedures and attendance
 1333  policies.
 1334         (g) Procedures for provision of qualified instructional
 1335  personnel, whether supplied by the district school board or
 1336  provided under contract by the provider, and for performance of
 1337  duties while in a juvenile justice setting.
 1338         (h) Provisions for improving skills in teaching and working
 1339  with students referred to juvenile justice education programs.
 1340         (i) Transition plans for students moving into and out of
 1341  juvenile justice education programs.
 1342         (j) Procedures and timelines for the timely documentation
 1343  of credits earned and transfer of student records.
 1344         (k) Methods and procedures for dispute resolution.
 1345         (l) Provisions for ensuring the safety of education
 1346  personnel and support for the agreed-upon education program.
 1347         (m) Strategies for correcting any deficiencies found
 1348  through the accountability and evaluation system and student
 1349  performance measures.
 1350         (15) Nothing in this section or in a cooperative agreement
 1351  requires the district school board to provide more services than
 1352  can be supported by the funds generated by students in the
 1353  juvenile justice programs.
 1354         (16) The Department of Education, in consultation with the
 1355  Department of Juvenile Justice, district school boards, and
 1356  providers, shall adopt rules establishing:
 1357         (a) Objective and measurable student performance measures
 1358  to evaluate a student’s educational progress while participating
 1359  in a prevention, day treatment, or residential program. The
 1360  student performance measures must be based on appropriate
 1361  outcomes for all students in juvenile justice education
 1362  programs, taking into consideration the student’s length of stay
 1363  in the program. Performance measures shall include outcomes that
 1364  relate to student achievement of career education goals,
 1365  acquisition of employability skills, receipt of a high school
 1366  diploma or its equivalent, grade advancement, and the number of
 1367  CAPE industry certifications earned.
 1368         (b) A performance rating system to be used by the
 1369  Department of Education to evaluate the delivery of educational
 1370  services within each of the juvenile justice programs. The
 1371  performance rating shall be primarily based on data regarding
 1372  student performance as described in paragraph (a).
 1373         (c) The timeframes, procedures, and resources to be used to
 1374  improve a low-rated educational program or to terminate or
 1375  reassign the program.
 1376         (d) The Department of Education, in partnership with the
 1377  Department of Juvenile Justice, shall develop a comprehensive
 1378  accountability and program improvement process. The
 1379  accountability and program improvement process shall be based on
 1380  student performance measures by type of program and shall rate
 1381  education program performance. The accountability system shall
 1382  identify and recognize high-performing education programs. The
 1383  Department of Education, in partnership with the Department of
 1384  Juvenile Justice, shall identify low-performing programs. Low
 1385  performing education programs shall receive an onsite program
 1386  evaluation from the Department of Juvenile Justice. School
 1387  improvement, technical assistance, or the reassignment of the
 1388  program shall be based, in part, on the results of the program
 1389  evaluation. Through a corrective action process, low-performing
 1390  programs must demonstrate improvement or the programs shall be
 1391  reassigned.
 1392         (17) The department, in collaboration with the Department
 1393  of Juvenile Justice, shall collect data and report on
 1394  commitment, day treatment, prevention, and detention programs.
 1395  The report shall be submitted to the President of the Senate,
 1396  the Speaker of the House of Representatives, and the Governor by
 1397  February 1 of each year. The report must include, at a minimum:
 1398         (a) The number and percentage of students who:
 1399         1. Return to an alternative school, middle school, or high
 1400  school upon release and the attendance rate of such students
 1401  before and after participation in juvenile justice education
 1402  programs.
 1403         2. Receive a standard high school diploma or a high school
 1404  equivalency diploma.
 1405         3. Receive industry certification.
 1406         4. Enroll in a postsecondary educational institution.
 1407         5. Complete a juvenile justice education program without
 1408  reoffending.
 1409         6. Reoffend within 1 year after completion of a day
 1410  treatment or residential commitment program.
 1411         7. Remain employed 1 year after completion of a day
 1412  treatment or residential commitment program.
 1413         8. Demonstrate learning gains pursuant to paragraph (3)(d).
 1414         (b) The following cost data for each juvenile justice
 1415  education program:
 1416         1. The amount of funding provided by district school boards
 1417  to juvenile justice programs and the amount retained for
 1418  administration, including documenting the purposes of such
 1419  expenses.
 1420         2. The status of the development of cooperative agreements.
 1421         3. Recommendations for system improvement.
 1422         4. Information on the identification of, and services
 1423  provided to, exceptional students, to determine whether these
 1424  students are properly reported for funding and are appropriately
 1425  served.
 1426         (18) The district school board shall not be charged any
 1427  rent, maintenance, utilities, or overhead on such facilities.
 1428  Maintenance, repairs, and remodeling of existing facilities
 1429  shall be provided by the Department of Juvenile Justice.
 1430         (17)(19) When additional facilities are required in
 1431  juvenile justice detention, prevention, or day treatment
 1432  programs, the district school board and the Department of
 1433  Juvenile Justice shall agree on the appropriate site based on
 1434  the instructional needs of the students. When the most
 1435  appropriate site for instruction is on district school board
 1436  property, a special capital outlay request shall be made by the
 1437  commissioner in accordance with s. 1013.60. When the most
 1438  appropriate site is on state property, state capital outlay
 1439  funds shall be requested by the Department of Juvenile Justice
 1440  provided by s. 216.043 and shall be submitted as specified by s.
 1441  216.023. Any instructional facility to be built on state
 1442  property shall have educational specifications jointly developed
 1443  by the district school board and the Department of Juvenile
 1444  Justice and approved by the Department of Education. The size of
 1445  space and occupant design capacity criteria as provided by State
 1446  Board of Education rules shall be used for remodeling or new
 1447  construction whether facilities are provided on state property
 1448  or district school board property.
 1449         (18)(20) The parent of an exceptional student shall have
 1450  the due process rights provided for in this chapter.
 1451         (19)(21) The State Board of Education shall adopt rules
 1452  necessary to implement this section. Such rules must require the
 1453  minimum amount of paperwork and reporting.
 1454         (22) The Department of Juvenile Justice and the Department
 1455  of Education, in consultation with CareerSource Florida, Inc.,
 1456  the statewide Workforce Development Youth Council, district
 1457  school boards, Florida College System institutions, providers,
 1458  and others, shall jointly develop a multiagency plan for CAPE
 1459  which describes the funding, curriculum, transfer of credits,
 1460  goals, and outcome measures for career education programming in
 1461  juvenile commitment facilities, pursuant to s. 985.622. The plan
 1462  must be reviewed annually.
 1463         Section 19. Paragraph (a) of subsection (2) of section
 1464  330.41, Florida Statutes, is amended to read:
 1465         330.41 Unmanned Aircraft Systems Act.—
 1466         (2) DEFINITIONS.—As used in this act, the term:
 1467         (a) “Critical infrastructure facility” means any of the
 1468  following, if completely enclosed by a fence or other physical
 1469  barrier that is obviously designed to exclude intruders, or if
 1470  clearly marked with a sign or signs which indicate that entry is
 1471  forbidden and which are posted on the property in a manner
 1472  reasonably likely to come to the attention of intruders:
 1473         1. A power generation or transmission facility, substation,
 1474  switching station, or electrical control center.
 1475         2. A chemical or rubber manufacturing or storage facility.
 1476         3. A water intake structure, water treatment facility,
 1477  wastewater treatment plant, or pump station.
 1478         4. A mining facility.
 1479         5. A natural gas or compressed gas compressor station,
 1480  storage facility, or natural gas or compressed gas pipeline.
 1481         6. A liquid natural gas or propane gas terminal or storage
 1482  facility.
 1483         7. Any portion of an aboveground oil or gas pipeline.
 1484         8. A refinery.
 1485         9. A gas processing plant, including a plant used in the
 1486  processing, treatment, or fractionation of natural gas.
 1487         10. A wireless communications facility, including the
 1488  tower, antennae, support structures, and all associated ground
 1489  based equipment.
 1490         11. A seaport as listed in s. 311.09(1), which need not be
 1491  completely enclosed by a fence or other physical barrier and
 1492  need not be marked with a sign or signs indicating that entry is
 1493  forbidden.
 1494         12. An inland port or other facility or group of facilities
 1495  serving as a point of intermodal transfer of freight in a
 1496  specific area physically separated from a seaport.
 1497         13. An airport as defined in s. 330.27.
 1498         14. A spaceport territory as defined in s. 331.303(18).
 1499         15. A military installation as defined in 10 U.S.C. s.
 1500  2801(c)(4) and an armory as defined in s. 250.01.
 1501         16. A dam as defined in s. 373.403(1) or other structures,
 1502  such as locks, floodgates, or dikes, which are designed to
 1503  maintain or control the level of navigable waterways.
 1504         17. A state correctional institution as defined in s.
 1505  944.02 or a private correctional facility authorized under
 1506  chapter 957.
 1507         18. A secure detention center or facility as defined in s.
 1508  985.03, or a moderate-risk nonsecure residential facility, a
 1509  high-risk residential facility, or a maximum-risk residential
 1510  facility as those terms are described in s. 985.03(44).
 1511         19. A county detention facility as defined in s. 951.23.
 1512         20. A critical infrastructure facility as defined in s.
 1513  692.201.
 1514         Section 20. Paragraphs (c) and (j) of subsection (3),
 1515  paragraph (a) of subsection (10), and paragraph (f) of
 1516  subsection (12) of section 553.865, Florida Statutes, are
 1517  amended to read:
 1518         553.865 Private spaces.—
 1519         (3) As used in this section, the term:
 1520         (c) “Covered entity” means any:
 1521         1. Correctional institution;
 1522         2. Detention facility;
 1523         3. Educational institution;
 1524         4. Maximum-risk residential facilities Juvenile
 1525  correctional facility or juvenile prison as described in s.
 1526  985.465, any detention center or facility designated by the
 1527  Department of Juvenile Justice to provide secure detention as
 1528  defined in s. 985.03(18)(a), and any facility used for a
 1529  residential program as described in s. 985.03(44) s.
 1530  985.03(44)(b), (c), or (d); or
 1531         5. Public building.
 1532         (j) “Public building” means a building comfort-conditioned
 1533  for occupancy which is owned or leased by the state, a state
 1534  agency, or a political subdivision. The term does not include a
 1535  correctional institution, a detention facility, an educational
 1536  institution, a maximum-risk residential juvenile correctional
 1537  facility or juvenile prison as described in s. 985.465, a
 1538  detention center or facility designated by the Department of
 1539  Juvenile Justice to provide secure detention as defined in s.
 1540  985.03(18)(a), or any facility used for a residential program as
 1541  described in s. 985.03(44) s. 985.03(44)(b), (c), or (d).
 1542         (10)(a) Each maximum-risk residential juvenile correctional
 1543  facility or juvenile prison as described in s. 985.465, each
 1544  detention center or facility designated by the Department of
 1545  Juvenile Justice to provide secure detention as defined in s.
 1546  985.03(18)(a), and each facility used for a residential program
 1547  as described in s. 985.03(44) s. 985.03(44)(b), (c), or (d)
 1548  shall establish disciplinary procedures for any juvenile as
 1549  defined in s. 985.03(7) who willfully enters, for a purpose
 1550  other than those listed in subsection (6), a restroom or
 1551  changing facility designated for the opposite sex in such
 1552  juvenile correctional facility, juvenile prison, secure
 1553  detention center or facility, or residential program facility
 1554  and refuses to depart when asked to do so by delinquency program
 1555  staff, detention staff, or residential program staff.
 1556         (12) A covered entity that is:
 1557         (f) A maximum-risk residential juvenile correctional
 1558  facility or juvenile prison as described in s. 985.465, a
 1559  detention center or facility designated by the Department of
 1560  Juvenile Justice to provide secure detention as defined in s.
 1561  985.03(18)(a), or a facility used for a residential program as
 1562  described in s. 985.03(44) s. 985.03(44)(b), (c), or (d) shall
 1563  submit documentation to the Department of Juvenile Justice
 1564  regarding compliance with subsections (4) and (5), as
 1565  applicable, within 1 year after being established or, if such
 1566  institution or facility was established before July 1, 2023, no
 1567  later than April 1, 2024.
 1568         Section 21. Paragraph (c) of subsection (18) of section
 1569  1001.42, Florida Statutes, is amended to read:
 1570         1001.42 Powers and duties of district school board.—The
 1571  district school board, acting as a board, shall exercise all
 1572  powers and perform all duties listed below:
 1573         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
 1574  Maintain a system of school improvement and education
 1575  accountability as provided by statute and State Board of
 1576  Education rule. This system of school improvement and education
 1577  accountability shall be consistent with, and implemented
 1578  through, the district’s continuing system of planning and
 1579  budgeting required by this section and ss. 1008.385, 1010.01,
 1580  and 1011.01. This system of school improvement and education
 1581  accountability shall comply with the provisions of ss. 1008.33,
 1582  1008.34, 1008.345, and 1008.385 and include the following:
 1583         (c) Public disclosure.—The district school board shall
 1584  provide information regarding the performance of students and
 1585  educational programs as required pursuant to ss. 1008.22 and
 1586  1008.385 and implement a system of school reports as required by
 1587  statute and State Board of Education rule which shall include
 1588  schools operating for the purpose of providing educational
 1589  services to students in Department of Juvenile Justice programs,
 1590  and for those schools, report on the elements specified in s.
 1591  1003.52(17). Annual public disclosure reports shall be in an
 1592  easy-to-read report card format and shall include the school’s
 1593  grade, high school graduation rate calculated without high
 1594  school equivalency examinations, disaggregated by student
 1595  ethnicity, and performance data as specified in state board
 1596  rule.
 1597         Section 22. For the purpose of incorporating the amendment
 1598  made by this act to section 985.03, Florida Statutes, in a
 1599  reference thereto, section 985.721, Florida Statutes, is
 1600  reenacted to read:
 1601         985.721 Escapes from secure detention or residential
 1602  commitment facility.—An escape from:
 1603         (1) Any secure detention facility maintained for the
 1604  temporary detention of children, pending adjudication,
 1605  disposition, or placement;
 1606         (2) Any residential commitment facility described in s.
 1607  985.03(44), maintained for the custody, treatment, punishment,
 1608  or rehabilitation of children found to have committed delinquent
 1609  acts or violations of law; or
 1610         (3) Lawful transportation to or from any such secure
 1611  detention facility or residential commitment facility,
 1612  
 1613  constitutes escape within the intent and meaning of s. 944.40
 1614  and is a felony of the third degree, punishable as provided in
 1615  s. 775.082, s. 775.083, or s. 775.084.
 1616         Section 23. For the purpose of incorporating the amendment
 1617  made by this act to section 985.115, Florida Statutes, in a
 1618  reference thereto, subsection (1) of section 985.25, Florida
 1619  Statutes, is reenacted to read:
 1620         985.25 Detention intake.—
 1621         (1) The department shall receive custody of a child who has
 1622  been taken into custody from the law enforcement agency or court
 1623  and shall review the facts in the law enforcement report or
 1624  probable cause affidavit and make such further inquiry as may be
 1625  necessary to determine whether detention care is appropriate.
 1626         (a) During the period of time from the taking of the child
 1627  into custody to the date of the detention hearing, the initial
 1628  decision as to the child’s placement into detention care shall
 1629  be made by the department under ss. 985.24 and 985.245(1).
 1630         (b) The department shall base the decision whether to place
 1631  the child into detention care on an assessment of risk in
 1632  accordance with the risk assessment instrument and procedures
 1633  developed by the department under s. 985.245, except that a
 1634  child shall be placed in secure detention care until the child’s
 1635  detention hearing if the child meets the criteria specified in
 1636  s. 985.255(1)(f), is charged with possessing or discharging a
 1637  firearm on school property in violation of s. 790.115, or is
 1638  charged with any other offense involving the possession or use
 1639  of a firearm.
 1640         (c) If the final score on the child’s risk assessment
 1641  instrument indicates detention care is appropriate, but the
 1642  department otherwise determines the child should be released,
 1643  the department shall contact the state attorney, who may
 1644  authorize release.
 1645         (d) If the final score on the risk assessment instrument
 1646  indicates detention is not appropriate, the child may be
 1647  released by the department in accordance with ss. 985.115 and
 1648  985.13.
 1649  
 1650  Under no circumstances shall the department or the state
 1651  attorney or law enforcement officer authorize the detention of
 1652  any child in a jail or other facility intended or used for the
 1653  detention of adults, without an order of the court.
 1654         Section 24. For the purpose of incorporating the amendment
 1655  made by this act to section 985.27, Florida Statutes, in a
 1656  reference thereto, subsection (3) of section 985.255, Florida
 1657  Statutes, is reenacted to read:
 1658         985.255 Detention criteria; detention hearing.—
 1659         (3)(a) The purpose of the detention hearing required under
 1660  subsection (1) is to determine the existence of probable cause
 1661  that the child has committed the delinquent act or violation of
 1662  law that he or she is charged with and the need for continued
 1663  detention. The court shall use the results of the risk
 1664  assessment performed by the department and, based on the
 1665  criteria in subsection (1), shall determine the need for
 1666  continued detention. If the child is a prolific juvenile
 1667  offender who is detained under s. 985.26(2)(c), the court shall
 1668  use the results of the risk assessment performed by the
 1669  department and the criteria in subsection (1) or subsection (2)
 1670  only to determine whether the prolific juvenile offender should
 1671  be held in secure detention.
 1672         (b) If the court orders a placement more restrictive than
 1673  indicated by the results of the risk assessment instrument, the
 1674  court shall state, in writing, clear and convincing reasons for
 1675  such placement.
 1676         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
 1677  child is placed into detention care, or into a respite home or
 1678  other placement pursuant to a court order following a hearing,
 1679  the court order must include specific instructions that direct
 1680  the release of the child from such placement no later than 5
 1681  p.m. on the last day of the detention period specified in s.
 1682  985.26 or s. 985.27, whichever is applicable, unless the
 1683  requirements of such applicable provision have been met or an
 1684  order of continuance has been granted under s. 985.26(4). If the
 1685  court order does not include a release date, the release date
 1686  shall be requested from the court on the same date that the
 1687  child is placed in detention care. If a subsequent hearing is
 1688  needed to provide additional information to the court for safety
 1689  planning, the initial order placing the child in detention care
 1690  shall reflect the next detention review hearing, which shall be
 1691  held within 3 calendar days after the child’s initial detention
 1692  placement.
 1693         Section 25. For the purpose of incorporating the amendment
 1694  made by this act to section 985.441, Florida Statutes, in a
 1695  reference thereto, paragraph (h) of subsection (2) of section
 1696  985.475, Florida Statutes, is reenacted to read:
 1697         985.475 Juvenile sexual offenders.—
 1698         (2) Following a delinquency adjudicatory hearing under s.
 1699  985.35, the court may on its own or upon request by the state or
 1700  the department and subject to specific appropriation, determine
 1701  whether a juvenile sexual offender placement is required for the
 1702  protection of the public and what would be the best approach to
 1703  address the treatment needs of the juvenile sexual offender.
 1704  When the court determines that a juvenile has no history of a
 1705  recent comprehensive assessment focused on sexually deviant
 1706  behavior, the court may, subject to specific appropriation,
 1707  order the department to conduct or arrange for an examination to
 1708  determine whether the juvenile sexual offender is amenable to
 1709  community-based treatment.
 1710         (h) If the juvenile sexual offender violates any condition
 1711  of the disposition or the court finds that the juvenile sexual
 1712  offender is failing to make satisfactory progress in treatment,
 1713  the court may revoke the community-based treatment alternative
 1714  and order commitment to the department under s. 985.441.
 1715         Section 26. For the purpose of incorporating the amendment
 1716  made by this act to section 985.441, Florida Statutes, in a
 1717  reference thereto, paragraph (b) of subsection (4) of section
 1718  985.565, Florida Statutes, is reenacted to read:
 1719         985.565 Sentencing powers; procedures; alternatives for
 1720  juveniles prosecuted as adults.—
 1721         (4) SENTENCING ALTERNATIVES.—
 1722         (b) Juvenile sanctions.—For juveniles transferred to adult
 1723  court but who do not qualify for such transfer under s.
 1724  985.556(3), the court may impose juvenile sanctions under this
 1725  paragraph. If juvenile sentences are imposed, the court shall,
 1726  under this paragraph, adjudge the child to have committed a
 1727  delinquent act. Adjudication of delinquency may not be deemed a
 1728  conviction, nor shall it operate to impose any of the civil
 1729  disabilities ordinarily resulting from a conviction. The court
 1730  shall impose an adult sanction or a juvenile sanction and may
 1731  not sentence the child to a combination of adult and juvenile
 1732  punishments. An adult sanction or a juvenile sanction may
 1733  include enforcement of an order of restitution or probation
 1734  previously ordered in any juvenile proceeding. However, if the
 1735  court imposes a juvenile sanction and the department determines
 1736  that the sanction is unsuitable for the child, the department
 1737  shall return custody of the child to the sentencing court for
 1738  further proceedings, including the imposition of adult
 1739  sanctions. Upon adjudicating a child delinquent under subsection
 1740  (1), the court may:
 1741         1. Place the child in a probation program under the
 1742  supervision of the department for an indeterminate period of
 1743  time until the child reaches the age of 19 years or sooner if
 1744  discharged by order of the court.
 1745         2. Commit the child to the department for treatment in an
 1746  appropriate program for children for an indeterminate period of
 1747  time until the child is 21 or sooner if discharged by the
 1748  department. The department shall notify the court of its intent
 1749  to discharge no later than 14 days before discharge. Failure of
 1750  the court to timely respond to the department’s notice shall be
 1751  considered approval for discharge.
 1752         3. Order disposition under ss. 985.435, 985.437, 985.439,
 1753  985.441, 985.45, and 985.455 as an alternative to youthful
 1754  offender or adult sentencing if the court determines not to
 1755  impose youthful offender or adult sanctions.
 1756  
 1757  It is the intent of the Legislature that the criteria and
 1758  guidelines in this subsection are mandatory and that a
 1759  determination of disposition under this subsection is subject to
 1760  the right of the child to appellate review under s. 985.534.
 1761         Section 27. This act shall take effect July 1, 2024.