Florida Senate - 2024 CS for SB 1352
By the Appropriations Committee on Criminal and Civil Justice;
and Senator Bradley
604-03135-24 20241352c1
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. 985.619,
60 F.S.; providing the board of trustees of the Florida
61 Scholars Academy the power and duty to review and
62 approve an annual academic calendar; authorizing the
63 board of trustees to decrease the minimum number of
64 days for instruction; amending s. 985.664, F.S.;
65 requiring, rather than authorizing, each judicial
66 circuit to have a juvenile justice circuit advisory
67 board; requiring the juvenile justice circuit advisory
68 board to work with the chief probation officer of the
69 circuit to use data to inform policy and practices
70 that better improve the juvenile justice continuum;
71 deleting provisions relating to the juvenile justice
72 circuit advisory board’s purpose, duties, and
73 responsibilities; decreasing the minimum number of
74 members that each juvenile justice circuit advisory
75 board is required to have; requiring that each member
76 of the juvenile justice circuit advisory board be
77 approved by the chief probation officer of the
78 circuit, rather than the Secretary of Juvenile
79 Justice; requiring the chief probation officer in each
80 circuit to serve as the chair of the juvenile justice
81 circuit advisory board for that circuit; deleting
82 provisions relating to board membership and vacancies;
83 deleting provisions relating to quorums and the
84 passing of measures; deleting provisions requiring the
85 establishment of executive committees and having
86 bylaws; amending s. 985.676, F.S.; revising the
87 required contents of a grant proposal applicants must
88 submit to be considered for funding from an annual
89 community juvenile justice partnership grant;
90 requiring the department to consider the
91 recommendations of community stakeholders, rather than
92 the juvenile justice circuit advisory board, as to
93 certain priorities; deleting the juvenile justice
94 circuit advisory board from the entities to which each
95 awarded grantee is required to submit an annual
96 evaluation report; conforming a provision to changes
97 made by the act; amending s. 1003.01, F.S.; revising
98 the definition of the term “juvenile justice education
99 programs or schools”; amending s. 1003.51, F.S.;
100 revising requirements for certain State Board of
101 Education rules to establish policies and standards
102 for certain education programs; revising requirements
103 for the Department of Education, in partnership with
104 the Department of Juvenile Justice, the district
105 school boards, and education providers, to develop and
106 implements certain contract requirements and to
107 maintain standardized required content of education
108 records; revising district school board requirements;
109 revising departmental requirements relating to
110 juvenile justice education programs; amending s.
111 1003.52, F.S.; revising the role of Coordinators for
112 Juvenile Justice Education Programs in collecting
113 certain information and developing certain protocols;
114 deleting provisions relating to career and
115 professional education (CAPE); requiring district
116 school boards to select appropriate academic and
117 career assessments to be administered at the time of
118 program entry and exit; deleting provisions related to
119 requiring residential juvenile justice education
120 programs to provide certain CAPE courses; requiring
121 each district school board to make provisions for high
122 school level students to earn credits toward high
123 school graduation while in juvenile justice detention,
124 prevention, or day treatment programs; authorizing
125 district school boards to contract with private
126 providers for the provision of education programs to
127 students placed in such programs; requiring each
128 district school board to negotiate a cooperative
129 agreement with the department on the delivery of
130 educational services to students in such programs;
131 revising requirements for such agreements; deleting
132 provisions requiring the Department of Education, in
133 consultation with the Department of Juvenile Justice,
134 to adopt rules and collect data and report on certain
135 programs; deleting a provision requiring that
136 specified entities jointly develop a multiagency plan
137 for CAPE; conforming provisions to changes made by the
138 act; amending s. 330.41, F.S.; conforming a provision
139 to changes made by the act; amending s. 553.865, F.S.;
140 conforming cross-references and provisions to changes
141 made by the act; amending s. 1001.42, F.S.; conforming
142 a provision to changes made by the act; reenacting s.
143 985.721, F.S., relating to escapes from secure
144 detention or residential commitment facilities, to
145 incorporate the amendment made to s. 985.03, F.S., in
146 a reference thereto; reenacting s. 985.25(1), F.S.,
147 relating to detention intakes, to incorporate the
148 amendment made to s. 985.115, F.S., in a reference
149 thereto; reenacting s. 985.255(3), F.S., relating to
150 detention criteria and detention hearings, to
151 incorporate the amendment made to s. 985.27, F.S., in
152 a reference thereto; reenacting ss. 985.475(2)(h) and
153 985.565(4)(b), F.S., relating to juvenile sexual
154 offenders and juvenile sanctions, respectively, to
155 incorporate the amendment made to s. 985.441, F.S., in
156 references thereto; providing an effective date.
157
158 Be It Enacted by the Legislature of the State of Florida:
159
160 Section 1. Subsection (4) of section 381.887, Florida
161 Statutes, is amended to read:
162 381.887 Emergency treatment for suspected opioid overdose.—
163 (4) The following persons are authorized to possess, store,
164 and administer emergency opioid antagonists as clinically
165 indicated and are immune from any civil liability or criminal
166 liability as a result of administering an emergency opioid
167 antagonist:
168 (a) Emergency responders, including, but not limited to,
169 law enforcement officers, paramedics, and emergency medical
170 technicians.
171 (b) Crime laboratory personnel for the statewide criminal
172 analysis laboratory system as described in s. 943.32, including,
173 but not limited to, analysts, evidence intake personnel, and
174 their supervisors.
175 (c) Personnel of a law enforcement agency or an other
176 agency, including, but not limited to, correctional probation
177 officers and child protective investigators who, while acting
178 within the scope or course of employment, come into contact with
179 a controlled substance or persons at risk of experiencing an
180 opioid overdose.
181 (d) Personnel of the Department of Juvenile Justice and of
182 any contracted provider with direct contact with youth
183 authorized under chapter 984 or chapter 985.
184 Section 2. Subsection (4) of section 790.22, Florida
185 Statutes, is amended to read:
186 790.22 Use of BB guns, air or gas-operated guns, or
187 electric weapons or devices by minor under 16; limitation;
188 possession of firearms by minor under 18 prohibited; penalties.—
189 (4)(a) Any parent or guardian of a minor, or other adult
190 responsible for the welfare of a minor, who knowingly and
191 willfully permits the minor to possess a firearm in violation of
192 subsection (3) commits a felony of the third degree, punishable
193 as provided in s. 775.082, s. 775.083, or s. 775.084.
194 (b) Any natural parent or adoptive parent, whether
195 custodial or noncustodial, or any legal guardian or legal
196 custodian of a minor, if that minor possesses a firearm in
197 violation of subsection (3) may, if the court finds it
198 appropriate, be required to participate in classes on parenting
199 education which are approved by the Department of Juvenile
200 Justice, upon the first conviction of the minor. Upon any
201 subsequent conviction of the minor, the court may, if the court
202 finds it appropriate, require the parent to attend further
203 parent education classes or render community service hours
204 together with the child.
205 (c) The juvenile justice circuit advisory boards or the
206 Department of Juvenile Justice shall establish appropriate
207 community service programs to be available to the alternative
208 sanctions coordinators of the circuit courts in implementing
209 this subsection. The boards or department shall propose the
210 implementation of a community service program in each circuit,
211 and may submit a circuit plan, to be implemented upon approval
212 of the circuit alternative sanctions coordinator.
213 (d) For the purposes of this section, community service may
214 be provided on public property as well as on private property
215 with the expressed permission of the property owner. Any
216 community service provided on private property is limited to
217 such things as removal of graffiti and restoration of vandalized
218 property.
219 Section 3. Subsection (4) of section 938.17, Florida
220 Statutes, is amended to read:
221 938.17 County delinquency prevention; juvenile assessment
222 centers and school board suspension programs.—
223 (4) A sheriff’s office that receives proceeds pursuant to
224 s. 939.185 shall account for all funds annually by August 1 in a
225 written report to the Department of Juvenile Justice juvenile
226 justice circuit advisory board if funds are used for assessment
227 centers, and to the district school board if funds are used for
228 suspension programs.
229 Section 4. Subsection (2) of section 948.51, Florida
230 Statutes, is amended to read:
231 948.51 Community corrections assistance to counties or
232 county consortiums.—
233 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
234 county, or a consortium of two or more counties, may contract
235 with the Department of Corrections for community corrections
236 funds as provided in this section. In order to enter into a
237 community corrections partnership contract, a county or county
238 consortium must have a public safety coordinating council
239 established under s. 951.26 and must designate a county officer
240 or agency to be responsible for administering community
241 corrections funds received from the state. The public safety
242 coordinating council shall prepare, develop, and implement a
243 comprehensive public safety plan for the county, or the
244 geographic area represented by the county consortium, and shall
245 submit an annual report to the Department of Corrections
246 concerning the status of the program. In preparing the
247 comprehensive public safety plan, the public safety coordinating
248 council shall cooperate with the Department of Juvenile Justice
249 juvenile justice circuit advisory board established under s.
250 985.664 in order to include programs and services for juveniles
251 in the plan. To be eligible for community corrections funds
252 under the contract, the initial public safety plan must be
253 approved by the governing board of the county, or the governing
254 board of each county within the consortium, and the Secretary of
255 Corrections based on the requirements of this section. If one or
256 more other counties develop a unified public safety plan, the
257 public safety coordinating council shall submit a single
258 application to the department for funding. Continued contract
259 funding shall be pursuant to subsection (5). The plan for a
260 county or county consortium must cover at least a 5-year period
261 and must include:
262 (a) A description of programs offered for the job placement
263 and treatment of offenders in the community.
264 (b) A specification of community-based intermediate
265 sentencing options to be offered and the types and number of
266 offenders to be included in each program.
267 (c) Specific goals and objectives for reducing the
268 projected percentage of commitments to the state prison system
269 of persons with low total sentencing scores pursuant to the
270 Criminal Punishment Code.
271 (d) Specific evidence of the population status of all
272 programs which are part of the plan, which evidence establishes
273 that such programs do not include offenders who otherwise would
274 have been on a less intensive form of community supervision.
275 (e) The assessment of population status by the public
276 safety coordinating council of all correctional facilities owned
277 or contracted for by the county or by each county within the
278 consortium.
279 (f) The assessment of bed space that is available for
280 substance abuse intervention and treatment programs and the
281 assessment of offenders in need of treatment who are committed
282 to each correctional facility owned or contracted for by the
283 county or by each county within the consortium.
284 (g) A description of program costs and sources of funds for
285 each community corrections program, including community
286 corrections funds, loans, state assistance, and other financial
287 assistance.
288 Section 5. Subsections (1) and (7) of section 985.02,
289 Florida Statutes, are amended to read:
290 985.02 Legislative intent for the juvenile justice system.—
291 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
292 the Legislature that the children of this state be provided with
293 the following protections:
294 (a) Protection from abuse, neglect, and exploitation.
295 (b) A permanent and stable home.
296 (c) A safe and nurturing environment which will preserve a
297 sense of personal dignity and integrity.
298 (d) Adequate nutrition, shelter, and clothing.
299 (e) Effective treatment to address physical, social, and
300 emotional needs, regardless of geographical location.
301 (f) Equal opportunity and access to quality and effective
302 education, which will meet the individual needs of each child,
303 and to recreation and other community resources to develop
304 individual abilities.
305 (g) Access to prevention programs and services.
306 (h) Sex-specific Gender-specific programming and sex
307 specific gender-specific program models and services that
308 comprehensively address the needs of either sex a targeted
309 gender group.
310 (7) SEX-SPECIFIC GENDER-SPECIFIC PROGRAMMING.—
311 (a) The Legislature finds that the needs of children served
312 by the juvenile justice system are sex-specific gender-specific.
313 A sex-specific gender-specific approach is one in which
314 programs, services, and treatments comprehensively address the
315 unique developmental needs of either sex a targeted gender group
316 under the care of the department. Young women and men have
317 different pathways to delinquency, display different patterns of
318 offending, and respond differently to interventions, treatment,
319 and services.
320 (b) Sex-specific Gender-specific interventions focus on the
321 differences between young females’ and young males’ social roles
322 and responsibilities, access to and use of resources, history of
323 trauma, and reasons for interaction with the juvenile justice
324 system. Sex-specific Gender-specific programs increase the
325 effectiveness of programs by making interventions more
326 appropriate to the specific needs of young women and men and
327 ensuring that these programs do not unknowingly create,
328 maintain, or reinforce sex gender roles or relations that may be
329 damaging.
330 Section 6. Present subsections (46) through (54) of section
331 985.03, Florida Statutes, are redesignated as subsections (47)
332 through (55), respectively, a new subsection (46) is added to
333 that section, and subsections (14) and (44) and present
334 subsection (50) of that section are amended, to read:
335 985.03 Definitions.—As used in this chapter, the term:
336 (14) “Day treatment” means a nonresidential, community
337 based program designed to provide therapeutic intervention to
338 youth who are served by the department or, placed on probation
339 or conditional release, or committed to the minimum-risk
340 nonresidential level. A day treatment program may provide
341 educational and career and technical education services and
342 shall provide case management services; individual, group, and
343 family counseling; training designed to address delinquency risk
344 factors; and monitoring of a youth’s compliance with, and
345 facilitation of a youth’s completion of, sanctions if ordered by
346 the court. Program types may include, but are not limited to,
347 career programs, marine programs, juvenile justice alternative
348 schools, training and rehabilitation programs, and sex-specific
349 gender-specific programs.
350 (44) “Restrictiveness level” means the level of programming
351 and security provided by programs that service the supervision,
352 custody, care, and treatment needs of committed children.
353 Sections 985.601(10) and 985.721 apply to children placed in
354 programs at any residential commitment level. The
355 restrictiveness levels of commitment are as follows:
356 (a) Minimum-risk nonresidential.—Programs or program models
357 at this commitment level work with youth who remain in the
358 community and participate at least 5 days per week in a day
359 treatment program. Youth assessed and classified for programs at
360 this commitment level represent a minimum risk to themselves and
361 public safety and do not require placement and services in
362 residential settings. Youth in this level have full access to,
363 and reside in, the community. Youth who have been found to have
364 committed delinquent acts that involve firearms, that are sexual
365 offenses, or that would be life felonies or first degree
366 felonies if committed by an adult may not be committed to a
367 program at this level.
368 (b) Moderate-risk Nonsecure residential.—Programs or
369 program models at this commitment level are residential but may
370 allow youth to have supervised access to the community.
371 Facilities at this commitment level are either environmentally
372 secure, staff secure, or are hardware-secure with walls,
373 fencing, or locking doors. Residential facilities at this
374 commitment level shall have no more than 90 beds each, including
375 campus-style programs, unless those campus-style programs
376 include more than one treatment program using different
377 treatment protocols, and have facilities that coexist separately
378 in distinct locations on the same property. Facilities at this
379 commitment level shall provide 24-hour awake supervision,
380 custody, care, and treatment of residents. Youth assessed and
381 classified for placement in programs at this commitment level
382 represent a low or moderate risk to public safety and require
383 close supervision. The staff at a facility at this commitment
384 level may seclude a child who is a physical threat to himself or
385 herself or others. Mechanical restraint may also be used when
386 necessary.
387 (b)(c) High-risk residential.—Programs or program models at
388 this commitment level are residential and do not allow youth to
389 have access to the community, except that temporary release
390 providing community access for up to 72 continuous hours may be
391 approved by a court for a youth who has made successful progress
392 in his or her program in order for the youth to attend a family
393 emergency or, during the final 60 days of his or her placement,
394 to visit his or her home, enroll in school or a career and
395 technical education program, complete a job interview, or
396 participate in a community service project. High-risk
397 residential facilities are hardware-secure with perimeter
398 fencing and locking doors. Residential facilities at this
399 commitment level shall have no more than 90 beds each, including
400 campus-style programs, unless those campus-style programs
401 include more than one treatment program using different
402 treatment protocols, and have facilities that coexist separately
403 in distinct locations on the same property. Facilities at this
404 commitment level shall provide 24-hour awake supervision,
405 custody, care, and treatment of residents. Youth assessed and
406 classified for this level of placement require close supervision
407 in a structured residential setting. Placement in programs at
408 this level is prompted by a concern for public safety that
409 outweighs placement in programs at lower commitment levels. The
410 staff at a facility at this commitment level may seclude a child
411 who is a physical threat to himself or herself or others.
412 Mechanical restraint may also be used when necessary. The
413 facility may provide for single cell occupancy, except that
414 youth may be housed together during prerelease transition.
415 (c)(d) Maximum-risk residential.—Programs or program models
416 at this commitment level include juvenile correctional
417 facilities and juvenile prisons. The programs at this commitment
418 level are long-term residential and do not allow youth to have
419 access to the community. Facilities at this commitment level are
420 maximum-custody, hardware-secure with perimeter security fencing
421 and locking doors. Residential facilities at this commitment
422 level shall have no more than 90 beds each, including campus
423 style programs, unless those campus-style programs include more
424 than one treatment program using different treatment protocols,
425 and have facilities that coexist separately in distinct
426 locations on the same property. Facilities at this commitment
427 level shall provide 24-hour awake supervision, custody, care,
428 and treatment of residents. The staff at a facility at this
429 commitment level may seclude a child who is a physical threat to
430 himself or herself or others. Mechanical restraint may also be
431 used when necessary. Facilities at this commitment level shall
432 provide for single cell occupancy, except that youth may be
433 housed together during prerelease transition. Youth assessed and
434 classified for this level of placement require close supervision
435 in a maximum security residential setting. Placement in a
436 program at this level is prompted by a demonstrated need to
437 protect the public.
438 (46) “Sex” has the same meaning as in s. 553.865.
439 (51)(50) “Temporary release” means the terms and conditions
440 under which a child is temporarily released from a residential
441 commitment facility or allowed home visits. If the temporary
442 release is from a moderate-risk nonsecure residential facility,
443 a high-risk residential facility, or a maximum-risk residential
444 facility, the terms and conditions of the temporary release must
445 be approved by the child, the court, and the facility.
446 Section 7. Subsection (2) of section 985.115, Florida
447 Statutes, is amended to read:
448 985.115 Release or delivery from custody.—
449 (2) Unless otherwise ordered by the court under s. 985.255
450 or s. 985.26, and unless there is a need to hold the child, a
451 person taking a child into custody shall attempt to release the
452 child as follows:
453 (a) To the child’s parent, guardian, or legal custodian or,
454 if the child’s parent, guardian, or legal custodian is
455 unavailable, unwilling, or unable to provide supervision for the
456 child, to any responsible adult. Prior to releasing the child to
457 a responsible adult, other than the parent, guardian, or legal
458 custodian, the person taking the child into custody may conduct
459 a criminal history background check of the person to whom the
460 child is to be released. If the person has a prior felony
461 conviction, or a conviction for child abuse, drug trafficking,
462 or prostitution, that person is not a responsible adult for the
463 purposes of this section. The person to whom the child is
464 released shall agree to inform the department or the person
465 releasing the child of the child’s subsequent change of address
466 and to produce the child in court at such time as the court may
467 direct, and the child shall join in the agreement.
468 (b) Contingent upon specific appropriation, to a shelter
469 approved by the department or to an authorized agent.
470 (c) If the child is believed to be suffering from a serious
471 physical condition which requires either prompt diagnosis or
472 prompt treatment, to a law enforcement officer who shall deliver
473 the child to a hospital for necessary evaluation and treatment.
474 (d) If the child is believed to be mentally ill as defined
475 in s. 394.463(1), to a law enforcement officer who shall take
476 the child to a designated public receiving facility as defined
477 in s. 394.455 for examination under s. 394.463.
478 (e) If the child appears to be intoxicated and has
479 threatened, attempted, or inflicted physical harm on himself or
480 herself or another, or is incapacitated by substance abuse, to a
481 law enforcement officer who shall deliver the child to a
482 hospital, addictions receiving facility, or treatment resource.
483 (f) If available, to a juvenile assessment center equipped
484 and staffed to assume custody of the child for the purpose of
485 assessing the needs of the child in custody. The center may then
486 release or deliver the child under this section with a copy of
487 the assessment. A juvenile assessment center may not be
488 considered a facility that can receive a child under paragraph
489 (c), paragraph (d), or paragraph (e).
490 Section 8. Subsections (3) and (4) of section 985.126,
491 Florida Statutes, are amended to read:
492 985.126 Diversion programs; data collection; denial of
493 participation or expunged record.—
494 (3)(a) Beginning October 1, 2018, each diversion program
495 shall submit data to the department which identifies for each
496 minor participating in the diversion program:
497 1. The race, ethnicity, sex gender, and age of that minor.
498 2. The offense committed, including the specific law
499 establishing the offense.
500 3. The judicial circuit and county in which the offense was
501 committed and the law enforcement agency that had contact with
502 the minor for the offense.
503 4. Other demographic information necessary to properly
504 register a case into the Juvenile Justice Information System
505 Prevention Web, as specified by the department.
506 (b) Beginning October 1, 2018, each law enforcement agency
507 shall submit to the department data that identifies for each
508 minor who was eligible for a diversion program, but was instead
509 referred to the department, provided a notice to appear, or
510 arrested:
511 1. The data required pursuant to paragraph (a).
512 2. Whether the minor was offered the opportunity to
513 participate in a diversion program. If the minor was:
514 a. Not offered such opportunity, the reason such offer was
515 not made.
516 b. Offered such opportunity, whether the minor or his or
517 her parent or legal guardian declined to participate in the
518 diversion program.
519 (c) The data required pursuant to paragraph (a) shall be
520 entered into the Juvenile Justice Information System Prevention
521 Web within 7 days after the youth’s admission into the program.
522 (d) The data required pursuant to paragraph (b) shall be
523 submitted on or with the arrest affidavit or notice to appear.
524 (4) Beginning January 1, 2019, the department shall compile
525 and semiannually publish the data required by subsection (3) on
526 the department’s website in a format that is, at a minimum,
527 sortable by judicial circuit, county, law enforcement agency,
528 race, ethnicity, sex gender, age, and offense committed.
529 Section 9. Subsection (3) of section 985.17, Florida
530 Statutes, is amended to read:
531 985.17 Prevention services.—
532 (3) The department’s prevention services for youth at risk
533 of becoming delinquent should:
534 (a) Focus on preventing initial or further involvement of
535 such youth in the juvenile justice system by including services
536 such as literacy services, sex-specific gender-specific
537 programming, recreational services, and after-school services,
538 and should include targeted services to troubled, truant,
539 ungovernable, abused, trafficked, or runaway youth. To decrease
540 the likelihood that a youth will commit a delinquent act, the
541 department should use mentoring and may provide specialized
542 services addressing the strengthening of families, job training,
543 and substance abuse.
544 (b) Address the multiple needs of such youth in order to
545 decrease the prevalence of disproportionate minority
546 representation in the juvenile justice system.
547 Section 10. Paragraph (a) of subsection (2) of section
548 985.26, Florida Statutes, is amended to read:
549 985.26 Length of detention.—
550 (2)(a)1. A court may order a child to be placed on
551 supervised release detention care for any time period until an
552 adjudicatory hearing is completed. However, if a child has
553 served 60 days on supervised release detention care, the court
554 must conduct a hearing within 15 days after the 60th day, to
555 determine the need for continued supervised release detention
556 care. At the hearing, and upon good cause being shown that the
557 nature of the charge requires additional time for the
558 prosecution or defense of the case or that the totality of the
559 circumstances, including the preservation of public safety,
560 warrants an extension, the court may order the child to remain
561 on supervised release detention care until the adjudicatory
562 hearing is completed.
563 2. Except as provided in paragraph (b) or paragraph (c), a
564 child may not be held in secure detention care under a special
565 detention order for more than 21 days unless an adjudicatory
566 hearing for the case has been commenced in good faith by the
567 court.
568 3. This section does not prohibit a court from
569 transitioning a child to and from secure detention care and
570 supervised release detention care, including electronic
571 monitoring, when the court finds such a placement necessary, or
572 no longer necessary, to preserve public safety or to ensure the
573 child’s safety, appearance in court, or compliance with a court
574 order. Such transition may be initiated upon the court’s own
575 motion, or upon a motion of the child or of the state, and after
576 considering any information provided by the department regarding
577 the child’s adjustment to detention supervision. Each period of
578 secure detention care or supervised release detention care
579 counts toward the time limitations in this subsection whether
580 served consecutively or nonconsecutively.
581 Section 11. Section 985.27, Florida Statutes, is amended to
582 read:
583 985.27 Postdisposition detention while awaiting residential
584 commitment placement.—The court must place all children who are
585 adjudicated and awaiting placement in a moderate-risk nonsecure,
586 high-risk, or maximum-risk residential commitment program in
587 secure detention care until the placement or commitment is
588 accomplished.
589 Section 12. Subsection (2) of section 985.441, Florida
590 Statutes, is amended, and paragraph (b) of subsection (1) and
591 subsection (4) of that section are reenacted, to read:
592 985.441 Commitment.—
593 (1) The court that has jurisdiction of an adjudicated
594 delinquent child may, by an order stating the facts upon which a
595 determination of a sanction and rehabilitative program was made
596 at the disposition hearing:
597 (b) Commit the child to the department at a restrictiveness
598 level defined in s. 985.03. Such commitment must be for the
599 purpose of exercising active control over the child, including,
600 but not limited to, custody, care, training, monitoring for
601 substance abuse, electronic monitoring, and treatment of the
602 child and release of the child from residential commitment into
603 the community in a postcommitment nonresidential conditional
604 release program. If the child is not successful in the
605 conditional release program, the department may use the transfer
606 procedure under subsection (4).
607 (2) Notwithstanding subsection (1), the court having
608 jurisdiction over an adjudicated delinquent child whose offense
609 is a misdemeanor, or a child who is currently on probation for a
610 misdemeanor, may not commit the child for any misdemeanor
611 offense or any probation violation that is technical in nature
612 and not a new violation of law at a restrictiveness level other
613 than minimum-risk nonresidential. However, the court may commit
614 such child to a moderate-risk nonsecure residential placement
615 if:
616 (a) The child has previously been adjudicated or had
617 adjudication withheld for a felony offense;
618 (b) The child has previously been adjudicated or had
619 adjudication withheld for three or more misdemeanor offenses
620 within the previous 18 months;
621 (c) The child is before the court for disposition for a
622 violation of s. 800.03, s. 806.031, or s. 828.12; or
623 (d) The court finds by a preponderance of the evidence that
624 the protection of the public requires such placement or that the
625 particular needs of the child would be best served by such
626 placement. Such finding must be in writing.
627 (4) The department may transfer a child, when necessary to
628 appropriately administer the child’s commitment, from one
629 facility or program to another facility or program operated,
630 contracted, subcontracted, or designated by the department,
631 including a postcommitment nonresidential conditional release
632 program, except that the department may not transfer any child
633 adjudicated solely for a misdemeanor to a residential program
634 except as provided in subsection (2). The department shall
635 notify the court that committed the child to the department and
636 any attorney of record for the child, in writing, of its intent
637 to transfer the child from a commitment facility or program to
638 another facility or program of a higher or lower restrictiveness
639 level. If the child is under the jurisdiction of a dependency
640 court, the department shall also provide notice to the
641 dependency court and the Department of Children and Families,
642 and, if appointed, the Guardian Ad Litem Program and the child’s
643 attorney ad litem. The court that committed the child may agree
644 to the transfer or may set a hearing to review the transfer. If
645 the court does not respond within 10 days after receipt of the
646 notice, the transfer of the child shall be deemed granted.
647 Section 13. Section 985.465, Florida Statutes, is amended
648 to read:
649 985.465 Maximum-risk residential Juvenile correctional
650 facilities or juvenile prison.—A maximum-risk juvenile
651 correctional facility or juvenile prison is a physically secure
652 residential commitment program with a designated length of stay
653 from 18 months to 36 months, primarily serving children 13 years
654 of age to 19 years of age or until the jurisdiction of the court
655 expires. Each child committed to this level must meet one of the
656 following criteria:
657 (1) The child is at least 13 years of age at the time of
658 the disposition for the current offense and has been adjudicated
659 on the current offense for:
660 (a) Arson;
661 (b) Sexual battery;
662 (c) Robbery;
663 (d) Kidnapping;
664 (e) Aggravated child abuse;
665 (f) Aggravated assault;
666 (g) Aggravated stalking;
667 (h) Murder;
668 (i) Manslaughter;
669 (j) Unlawful throwing, placing, or discharging of a
670 destructive device or bomb;
671 (k) Armed burglary;
672 (l) Aggravated battery;
673 (m) Carjacking;
674 (n) Home-invasion robbery;
675 (o) Burglary with an assault or battery;
676 (p) Any lewd or lascivious offense committed upon or in the
677 presence of a person less than 16 years of age; or
678 (q) Carrying, displaying, using, threatening to use, or
679 attempting to use a weapon or firearm during the commission of a
680 felony.
681 (2) The child is at least 13 years of age at the time of
682 the disposition, the current offense is a felony, and the child
683 has previously been committed three or more times to a
684 delinquency commitment program.
685 (3) The child is at least 13 years of age and is currently
686 committed for a felony offense and transferred from a moderate
687 risk or high-risk residential commitment placement.
688 (4) The child is at least 13 years of age at the time of
689 the disposition for the current offense, the child is eligible
690 for prosecution as an adult for the current offense, and the
691 current offense is ranked at level 7 or higher on the Criminal
692 Punishment Code offense severity ranking chart pursuant to s.
693 921.0022.
694 Section 14. Paragraph (a) of subsection (3) of section
695 985.601, Florida Statutes, is amended, and subsection (12) is
696 added to that section, to read:
697 985.601 Administering the juvenile justice continuum.—
698 (3)(a) The department shall develop or contract for
699 diversified and innovative programs to provide rehabilitative
700 treatment, including early intervention and prevention,
701 diversion, comprehensive intake, case management, diagnostic and
702 classification assessments, trauma-informed care, individual and
703 family counseling, family engagement resources and programs,
704 sex-specific gender-specific programming, shelter care,
705 diversified detention care emphasizing alternatives to secure
706 detention, diversified probation, halfway houses, foster homes,
707 community-based substance abuse treatment services, community
708 based mental health treatment services, community-based
709 residential and nonresidential programs, mother-infant programs,
710 and environmental programs. The department may pay expenses in
711 support of innovative programs and activities that address
712 identified needs and the well-being of children in the
713 department’s care or under its supervision, subject to the
714 requirements of chapters 215, 216, and 287. Each program shall
715 place particular emphasis on reintegration and conditional
716 release for all children in the program.
717 (12) The department may use state or federal funds to
718 purchase and distribute promotional and educational materials
719 that are consistent with the dignity and integrity of the state
720 for all of the following purposes:
721 (a) Educating children and families about the juvenile
722 justice continuum, including local prevention programs or
723 community services available for participation or enrollment.
724 (b) Staff recruitment at job fairs, career fairs, community
725 events, the Institute for Commercialization of Florida
726 Technology, community college campuses, or state university
727 campuses.
728 (c) Educating children and families on children-specific
729 public safety issues, including, but not limited to, safe
730 storage of adult-owned firearms, consequences of child firearm
731 offenses, human trafficking, or drug and alcohol abuse.
732 Section 15. Paragraph (b) of subsection (4) of section
733 985.619, Florida Statutes, is amended to read:
734 985.619 Florida Scholars Academy.—
735 (4) GOVERNING BODY; POWERS AND DUTIES.—
736 (b) The board of trustees shall have the following powers
737 and duties:
738 1. Meet at least 4 times each year, upon the call of the
739 chair, or at the request of a majority of the membership.
740 2. Be responsible for the Florida Scholars Academy’s
741 development of an education delivery system that is cost
742 effective, high-quality, educationally sound, and capable of
743 sustaining an effective delivery system.
744 3.a. Identify appropriate performance measures and
745 standards based on student achievement which reflect the
746 school’s statutory mission and priorities, and implement an
747 accountability system approved by the State Board of Education
748 for the school by the 2024-2025 school year which includes an
749 assessment of its effectiveness and efficiency in providing
750 quality services that encourage high student achievement,
751 seamless articulation, and maximum access to career
752 opportunities.
753 b. For the 2024-2025 school year, the results of the
754 accountability system must serve as an informative baseline for
755 the academy as it works to improve performance in future years.
756 4. Administer and maintain the educational programs of the
757 Florida Scholars Academy in accordance with law and department
758 rules, in consultation with the State Board of Education.
759 5. With the approval of the secretary of the department or
760 his or her designee, determine the compensation, including
761 salaries and fringe benefits, and other conditions of employment
762 for such personnel, in alignment with the Florida Scholars
763 Academy’s provider contracts.
764 6. The employment of all Florida Scholars Academy
765 administrative and instructional personnel are subject to
766 rejection for cause by the secretary of the department or his or
767 her designee and are subject to policies established by the
768 board of trustees.
769 7. Provide for the content and custody of student records
770 in compliance with s. 1002.22.
771 8. Maintain the financial records and accounts of the
772 Florida Scholars Academy in compliance with rules adopted by the
773 State Board of Education for the uniform system of financial
774 records and accounts for the schools of this state.
775 9. Is a body corporate with all the powers of a body
776 corporate and may exercise such authority as is needed for the
777 proper operation and improvement of the Florida Scholars
778 Academy. The board of trustees is specifically authorized to
779 adopt rules, policies, and procedures, consistent with law and
780 State Board of Education rules related to governance, personnel,
781 budget and finance, administration, programs, curriculum and
782 instruction, travel and purchasing, technology, students,
783 contracts and grants, and property as necessary for optimal,
784 efficient operation of the Florida Scholars Academy.
785 10. Notwithstanding any rule to the contrary, review and
786 approve an annual academic calendar to provide educational
787 services to youth for a school year composed of 250 days or
788 1,250 hours of instruction for students enrolled in a
789 traditional K-12 education pathway, distributed over 12 months.
790 The board of trustees may decrease the minimum number of days
791 for instruction by up to 20 days or 100 hours for teacher
792 planning.
793 Section 16. Section 985.664, Florida Statutes, is amended
794 to read:
795 985.664 Juvenile justice circuit advisory boards.—
796 (1) Each judicial circuit in this state shall have There is
797 authorized a juvenile justice circuit advisory board to be
798 established in each of the 20 judicial circuits. The Except in
799 single-county circuits, each juvenile justice circuit advisory
800 board shall work with the chief probation officer of the circuit
801 to use data to inform policies and practices that better improve
802 the juvenile justice continuum have a county organization
803 representing each of the counties in the circuit. The county
804 organization shall report directly to the juvenile justice
805 circuit advisory board on the juvenile justice needs of the
806 county. The purpose of each juvenile justice circuit advisory
807 board is to provide advice and direction to the department in
808 the development and implementation of juvenile justice programs
809 and to work collaboratively with the department in seeking
810 program improvements and policy changes to address the emerging
811 and changing needs of Florida’s youth who are at risk of
812 delinquency.
813 (2) The duties and responsibilities of a juvenile justice
814 circuit advisory board include, but are not limited to:
815 (a) Developing a comprehensive plan for the circuit. The
816 initial circuit plan shall be submitted to the department no
817 later than December 31, 2014, and no later than June 30 every 3
818 years thereafter. The department shall prescribe a format and
819 content requirements for the submission of the comprehensive
820 plan.
821 (b) Participating in the facilitation of interagency
822 cooperation and information sharing.
823 (c) Providing recommendations for public or private grants
824 to be administered by one of the community partners that support
825 one or more components of the comprehensive circuit plan.
826 (d) Providing recommendations to the department in the
827 evaluation of prevention and early intervention grant programs,
828 including the Community Juvenile Justice Partnership Grant
829 program established in s. 985.676 and proceeds from the Invest
830 in Children license plate annual use fees.
831 (e) Providing an annual report to the department describing
832 the board’s activities. The department shall prescribe a format
833 and content requirements for submission of annual reports. The
834 annual report must be submitted to the department no later than
835 August 1 of each year.
836 (3) Each juvenile justice circuit advisory board shall have
837 a minimum of 14 16 members. The membership of each board must
838 reflect:
839 (a) The circuit’s geography and population distribution.
840 (b) Diversity in the judicial circuit.
841 (3)(4) Each member of the juvenile justice circuit advisory
842 board must be approved by the chief probation officer of the
843 circuit Secretary of Juvenile Justice, except those members
844 listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The
845 juvenile justice circuit advisory boards established under
846 subsection (1) must include as members:
847 (a) The state attorney or his or her designee.
848 (b) The public defender or his or her designee.
849 (c) The chief judge or his or her designee.
850 (d) A representative of the corresponding circuit or
851 regional entity of the Department of Children and Families.
852 (e) The sheriff or the sheriff’s designee from each county
853 in the circuit.
854 (f) A police chief or his or her designee from each county
855 in the circuit.
856 (g) A county commissioner or his or her designee from each
857 county in the circuit.
858 (h) The superintendent of each school district in the
859 circuit or his or her designee.
860 (i) A representative from the workforce organization of
861 each county in the circuit.
862 (j) A representative of the business community.
863 (k) A youth representative who has had an experience with
864 the juvenile justice system and is not older than 21 years of
865 age.
866 (l) A representative of the faith community.
867 (m) A health services representative who specializes in
868 mental health care, victim-service programs, or victims of
869 crimes.
870 (n) A parent or family member of a youth who has been
871 involved with the juvenile justice system.
872 (o) Up to three five representatives from any of the
873 community following who are not otherwise represented in this
874 subsection:
875 1. Community leaders.
876 2. Youth-serving coalitions.
877 (4)(5) The chief probation officer in each circuit shall
878 serve as the chair of the juvenile justice circuit advisory
879 board for that circuit When a vacancy in the office of the chair
880 occurs, the juvenile justice circuit advisory board shall
881 appoint a new chair, who must meet the board membership
882 requirements in subsection (4). The chair shall appoint members
883 to vacant seats within 45 days after the vacancy and submit the
884 appointments to the department for approval. The chair shall
885 serve at the pleasure of the Secretary of Juvenile Justice.
886 (6) A member may not serve more than three consecutive 2
887 year terms, except those members listed in paragraphs (4)(a),
888 (b), (c), (e), (f), (g), and (h). A former member who has not
889 served on the juvenile justice circuit advisory board for 2
890 years is eligible to serve on the juvenile justice circuit
891 advisory board again.
892 (7) At least half of the voting members of the juvenile
893 justice circuit advisory board constitutes a quorum. A quorum
894 must be present in order for the board to vote on a measure or
895 position.
896 (8) In order for a juvenile justice circuit advisory board
897 measure or position to pass, it must receive more than 50
898 percent of the vote.
899 (9) Each juvenile justice circuit advisory board must
900 provide for the establishment of an executive committee of not
901 more than 10 members. The duties and authority of the executive
902 committee must be addressed in the bylaws.
903 (10) Each juvenile justice circuit advisory board shall
904 have bylaws. The department shall prescribe a format and content
905 requirements for the bylaws. All bylaws must be approved by the
906 department. The bylaws shall address at least the following
907 issues: election or appointment of officers; filling of vacant
908 positions; meeting attendance requirements; and the
909 establishment and duties of an executive committee.
910 (11) Members of juvenile justice circuit advisory boards
911 are subject to part III of chapter 112.
912 Section 17. Subsections (1) and (2) of section 985.676,
913 Florida Statutes, are amended to read:
914 985.676 Community juvenile justice partnership grants.—
915 (1) GRANTS; CRITERIA.—
916 (a) In order to encourage the development of a circuit
917 juvenile justice plan and the development and implementation of
918 circuit interagency agreements under s. 985.664, the community
919 juvenile justice partnership grant program is established and
920 shall be administered by the department.
921 (b) In awarding these grants, the department shall consider
922 applications that at a minimum provide for the following:
923 1. The participation of the agencies and programs needed to
924 implement the project or program for which the applicant is
925 applying;
926 2. The reduction of truancy and in-school and out-of-school
927 suspensions and expulsions, the enhancement of school safety,
928 and other delinquency early-intervention and diversion services;
929 3. The number of youths from 10 through 17 years of age
930 within the geographic area to be served by the program, giving
931 those geographic areas having the highest number of youths from
932 10 to 17 years of age priority for selection;
933 4. The extent to which the program targets high-juvenile
934 crime neighborhoods and those public schools serving juveniles
935 from high-crime neighborhoods;
936 5. The validity and cost-effectiveness of the program; and
937 6. The degree to which the program is located in and
938 managed by local leaders of the target neighborhoods and public
939 schools serving the target neighborhoods.
940 (c) In addition, the department may consider the following
941 criteria in awarding grants:
942 1. The circuit juvenile justice plan and any county
943 juvenile justice plans that are referred to or incorporated into
944 the circuit plan, including a list of individuals, groups, and
945 public and private entities that participated in the development
946 of the plan.
947 2. The diversity of community entities participating in the
948 development of the circuit juvenile justice plan.
949 3. The number of community partners who will be actively
950 involved in the operation of the grant program.
951 4. The number of students or youths to be served by the
952 grant and the criteria by which they will be selected.
953 5. The criteria by which the grant program will be
954 evaluated and, if deemed successful, the feasibility of
955 implementation in other communities.
956 (2) GRANT APPLICATION PROCEDURES.—
957 (a) Each entity wishing to apply for an annual community
958 juvenile justice partnership grant, which may be renewed for a
959 maximum of 2 additional years for the same provision of
960 services, shall submit a grant proposal for funding or continued
961 funding to the department. The department shall establish the
962 grant application procedures. In order to be considered for
963 funding, the grant proposal shall include the following
964 assurances and information:
965 1. A letter from the chair of the juvenile justice circuit
966 board confirming that the grant application has been reviewed
967 and found to support one or more purposes or goals of the
968 juvenile justice plan as developed by the board.
969 2. A rationale and description of the program and the
970 services to be provided, including goals and objectives.
971 2.3. A method for identification of the juveniles most
972 likely to be involved in the juvenile justice system who will be
973 the focus of the program.
974 3.4. Provisions for the participation of parents and
975 guardians in the program.
976 4.5. Coordination with other community-based and social
977 service prevention efforts, including, but not limited to, drug
978 and alcohol abuse prevention and dropout prevention programs,
979 that serve the target population or neighborhood.
980 5.6. An evaluation component to measure the effectiveness
981 of the program in accordance with s. 985.632.
982 6.7. A program budget, including the amount and sources of
983 local cash and in-kind resources committed to the budget. The
984 proposal must establish to the satisfaction of the department
985 that the entity will make a cash or in-kind contribution to the
986 program of a value that is at least equal to 20 percent of the
987 amount of the grant.
988 7.8. The necessary program staff.
989 (b) The department shall consider the recommendations of
990 community stakeholders the juvenile justice circuit advisory
991 board as to the priority that should be given to proposals
992 submitted by entities within a circuit in awarding such grants.
993 (c) The department shall make available, to anyone wishing
994 to apply for such a grant, information on all of the criteria to
995 be used in the selection of the proposals for funding pursuant
996 to the provisions of this subsection.
997 (d) The department shall review all program proposals
998 submitted. Entities submitting proposals shall be notified of
999 approval not later than June 30 of each year.
1000 (e) Each entity that is awarded a grant as provided for in
1001 this section shall submit an annual evaluation report to the
1002 department and, the circuit juvenile justice manager, and the
1003 juvenile justice circuit advisory board, by a date subsequent to
1004 the end of the contract period established by the department,
1005 documenting the extent to which the program objectives have been
1006 met, the effect of the program on the juvenile arrest rate, and
1007 any other information required by the department. The department
1008 shall coordinate and incorporate all such annual evaluation
1009 reports with s. 985.632. Each entity is also subject to a
1010 financial audit and a performance audit.
1011 (f) The department may establish rules and policy
1012 provisions necessary to implement this section.
1013 Section 18. Paragraph (a) of subsection (14) of section
1014 1003.01, Florida Statutes, is amended to read:
1015 1003.01 Definitions.—As used in this chapter, the term:
1016 (14)(a) “Juvenile justice education programs or schools”
1017 means programs or schools operating for the purpose of providing
1018 educational services to youth in Department of Juvenile Justice
1019 programs, for a school year composed of 250 days of instruction,
1020 or the equivalent expressed in hours as specified in State Board
1021 of Education rule, distributed over 12 months. If the period of
1022 operation is expressed in hours, the State Board of Education
1023 must review the calculation annually. The use of the equivalent
1024 expressed in hours is only applicable to nonresidential
1025 programs. At the request of the provider, A district school
1026 board, including an educational entity under s. 985.619, may
1027 decrease the minimum number of days of instruction by up to 10
1028 days for teacher planning for residential programs and up to 20
1029 days or equivalent hours as specified in the State Board of
1030 Education rule for teacher planning for nonresidential programs,
1031 subject to the approval of the Department of Juvenile Justice
1032 and the Department of Education.
1033 Section 19. Subsections (2) through (5) of section 1003.51,
1034 Florida Statutes, are amended to read:
1035 1003.51 Other public educational services.—
1036 (2) The State Board of Education shall adopt rules
1037 articulating expectations for effective education programs for
1038 students in Department of Juvenile Justice programs, including,
1039 but not limited to, education programs in juvenile justice
1040 prevention, day treatment, residential, and detention programs.
1041 The rules rule shall establish policies and standards for
1042 education programs for students in Department of Juvenile
1043 Justice programs and shall include the following:
1044 (a) The interagency collaborative process needed to ensure
1045 effective programs with measurable results.
1046 (b) The responsibilities of the Department of Education,
1047 the Department of Juvenile Justice, CareerSource Florida, Inc.,
1048 district school boards, and providers of education services to
1049 students in Department of Juvenile Justice programs.
1050 (c) Academic expectations.
1051 (d) Career expectations.
1052 (e) Education transition planning and services.
1053 (f) Service delivery options available to district school
1054 boards, including direct service and contracting.
1055 (g) Assessment procedures, which:
1056 1. For prevention and, day treatment, and residential
1057 programs, include appropriate academic and career assessments
1058 administered at program entry and exit that are selected by the
1059 district school board Department of Education in partnership
1060 with representatives from the Department of Education, the
1061 Department of Juvenile Justice, district school boards, and
1062 education providers. Assessments must be completed within the
1063 first 10 school days after a student’s entry into the program.
1064 2. Provide for determination of the areas of academic need
1065 and strategies for appropriate intervention and instruction for
1066 each student in a detention facility within 5 school days after
1067 the student’s entry into the program and administer a research
1068 based assessment that will assist the student in determining his
1069 or her educational and career options and goals within 22 school
1070 days after the student’s entry into the program.
1071
1072 The results of these assessments, together with a portfolio
1073 depicting the student’s academic and career accomplishments,
1074 shall be included in the discharge packet assembled for each
1075 student.
1076 (h) Recommended instructional programs, using course
1077 delivery models aligned to the state academic standards. Options
1078 may include direct instruction, blended learning pursuant to s.
1079 1011.61(1), or district virtual instruction programs, virtual
1080 charter schools, Florida Virtual School (FLVS), virtual course
1081 offerings, and district franchises of FLVS pursuant to ss.
1082 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1),
1083 and credit recovery course procedures including, but not limited
1084 to:
1085 1. Secondary education.
1086 2. High school equivalency examination preparation.
1087 3. Postsecondary education.
1088 4. Career and technical professional education (CAPE).
1089 5. Job preparation.
1090 6. Virtual education that:
1091 a. Provides competency-based instruction that addresses the
1092 unique academic needs of the student through delivery by an
1093 entity accredited by a Department of Education-approved
1094 accrediting body AdvanceED or the Southern Association of
1095 Colleges and Schools.
1096 b. Confers certifications and diplomas.
1097 c. Issues credit that articulates with and transcripts that
1098 are recognized by secondary schools.
1099 d. Allows the student to continue to access and progress
1100 through the program once the student leaves the juvenile justice
1101 system.
1102 (i) Funding requirements, which must provide that at least
1103 95 percent of the FEFP funds generated by students in Department
1104 of Juvenile Justice programs or in an education program for
1105 juveniles under s. 985.19 must be spent on instructional costs
1106 for those students. Department of Juvenile Justice education
1107 programs are entitled to 100 percent of the formula-based
1108 categorical funds generated by students in Department of
1109 Juvenile Justice programs. Such funds must be spent on
1110 appropriate categoricals, such as instructional materials and
1111 public school technology for those students.
1112 (j) Qualifications of instructional staff, procedures for
1113 the selection of instructional staff, and procedures for
1114 consistent instruction and qualified staff year-round.
1115 Qualifications shall include those for instructors of career and
1116 technical education CAPE courses, standardized across the state,
1117 and shall be based on state certification, local school district
1118 approval, and industry-recognized certifications as identified
1119 on the Master Credential CAPE Industry Certification Funding
1120 List. Procedures for the use of noncertified instructional
1121 personnel who possess expert knowledge or experience in their
1122 fields of instruction shall be established.
1123 (k) Transition services, including the roles and
1124 responsibilities of appropriate personnel in the juvenile
1125 justice education program, the school district where the student
1126 will reenter, provider organizations, and the Department of
1127 Juvenile Justice.
1128 (l) Procedures and timeframe for transfer of education
1129 records when a student enters and leaves a Department of
1130 Juvenile Justice education program.
1131 (m) The requirement that each district school board
1132 maintain an academic transcript for each student enrolled in a
1133 juvenile justice education program that delineates each course
1134 completed by the student as provided by the State Course Code
1135 Directory.
1136 (n) The requirement that each district school board make
1137 available and transmit a copy of a student’s transcript in the
1138 discharge packet when the student exits a juvenile justice
1139 education program.
1140 (o) Contract requirements.
1141 (p) Accountability and school improvement requirements as
1142 public alternative schools pursuant to ss. 1008.31, 1008.34,
1143 1008.341, and 1008.345 Performance expectations for providers
1144 and district school boards, including student performance
1145 measures by type of program, education program performance
1146 ratings, school improvement, and corrective action plans for
1147 low-performing programs.
1148 (q) The role and responsibility of the district school
1149 board in securing workforce development funds.
1150 (r) A series of graduated sanctions for district school
1151 boards whose educational programs in Department of Juvenile
1152 Justice programs are considered to be unsatisfactory and for
1153 instances in which district school boards fail to meet standards
1154 prescribed by law, rule, or State Board of Education policy.
1155 These sanctions shall include the option of requiring a district
1156 school board to contract with a provider or another district
1157 school board if the educational program at the Department of
1158 Juvenile Justice program is performing below minimum standards
1159 and, after 6 months, is still performing below minimum
1160 standards.
1161 (s) Curriculum, school guidance counseling, transition, and
1162 education services expectations, including curriculum
1163 flexibility for detention centers operated by the Department of
1164 Juvenile Justice.
1165 (s)(t) Other aspects of program operations.
1166 (3) The Department of Education in partnership with the
1167 Department of Juvenile Justice, the district school boards, and
1168 providers shall:
1169 (a) Develop and implement requirements for contracts and
1170 cooperative agreements regarding the delivery of appropriate
1171 education services to students in Department of Juvenile Justice
1172 education programs. The minimum contract requirements shall
1173 include, but are not limited to, payment structure and amounts;
1174 access to district services; contract management provisions;
1175 data reporting requirements, including reporting of full-time
1176 equivalent student membership; accountability requirements and
1177 corrective action plans, if needed; administration of federal
1178 programs such as Title I, exceptional student education, and the
1179 federal Strengthening Career and Technical Education for the
1180 21st Century Act Carl D. Perkins Career and Technical Education
1181 Act of 2006; and the policy and standards included in subsection
1182 (2).
1183 (b) Develop and implement procedures for transitioning
1184 students into and out of Department of Juvenile Justice
1185 education programs. These procedures shall reflect the policy
1186 and standards adopted pursuant to subsection (2).
1187 (c) Maintain standardized required content of education
1188 records to be included as part of a student’s commitment record
1189 and procedures for securing the student’s records. The education
1190 records shall include, but not be limited to, the following:
1191 1. A copy of the student’s individual educational plan,
1192 Section 504 plan, or behavioral plan, if applicable.
1193 2. A copy of the student’s individualized progress
1194 monitoring plan.
1195 3. A copy of the student’s individualized transition plan.
1196 4. Data on student performance on assessments taken
1197 according to s. 1008.22.
1198 5. A copy of the student’s permanent cumulative record.
1199 6. A copy of the student’s academic transcript.
1200 7. A portfolio reflecting the student’s academic
1201 accomplishments and industry certification earned, when age
1202 appropriate, while in the Department of Juvenile Justice
1203 program.
1204 (d) Establish the roles and responsibilities of the
1205 juvenile probation officer and others involved in the withdrawal
1206 of the student from school and assignment to a juvenile justice
1207 education program.
1208 (4) Each district school board shall:
1209 (a) Notify students in juvenile justice education programs
1210 who attain the age of 16 years of the law regarding compulsory
1211 school attendance and make available the option of enrolling in
1212 an education program to attain a Florida high school diploma by
1213 taking the high school equivalency examination before release
1214 from the program. The Department of Education shall assist
1215 juvenile justice education programs with becoming high school
1216 equivalency examination centers.
1217 (b) Respond to requests for student education records
1218 received from another district school board or a juvenile
1219 justice education program within 3 5 working days after
1220 receiving the request.
1221 (c) Provide access to courses offered pursuant to ss.
1222 1002.37, 1002.45, 1002.455, and 1003.498. School districts and
1223 providers may enter into cooperative agreements for the
1224 provision of curriculum associated with courses offered pursuant
1225 to s. 1003.498 to enable providers to offer such courses.
1226 (d) Complete the assessment process required by subsection
1227 (2).
1228 (e) Monitor compliance with contracts for education
1229 programs for students in juvenile justice prevention, day
1230 treatment, residential, and detention programs.
1231 (5) The Department of Education shall issue an alternative
1232 school improvement rating for prevention and day treatment
1233 prevention juvenile justice education programs, pursuant to s.
1234 1008.341 establish and operate, either directly or indirectly
1235 through a contract, a mechanism to provide accountability
1236 measures that annually assesses and evaluates all juvenile
1237 justice education programs using student performance data and
1238 program performance ratings by type of program and shall provide
1239 technical assistance and related research to district school
1240 boards and juvenile justice education providers. The Department
1241 of Education, with input from the Department of Juvenile
1242 Justice, school districts, and education providers, shall
1243 develop annual recommendations for system and school
1244 improvement.
1245 Section 20. Section 1003.52, Florida Statutes, is amended
1246 to read:
1247 1003.52 Educational services in Department of Juvenile
1248 Justice programs.—
1249 (1) The Department of Education shall serve as the lead
1250 agency for juvenile justice education programs, curriculum,
1251 support services, and resources. To this end, the Department of
1252 Education and the Department of Juvenile Justice shall each
1253 designate a Coordinator for Juvenile Justice Education Programs
1254 to serve as the point of contact for resolving issues not
1255 addressed by district school boards and to provide each
1256 department’s participation in the following activities:
1257 (a) Training, collaborating, and coordinating with district
1258 school boards, local workforce development boards, and local
1259 youth councils, educational contract providers, and juvenile
1260 justice providers, whether state operated or contracted.
1261 (b) Collecting information on the academic, career and
1262 technical professional education (CAPE), and transition
1263 performance of students in juvenile justice programs and
1264 reporting on the results.
1265 (c) Developing academic and career and technical education
1266 CAPE protocols that provide guidance to district school boards
1267 and juvenile justice education providers in all aspects of
1268 education programming, including records transfer and
1269 transition.
1270 (d) Implementing a joint accountability, program
1271 performance, and program improvement process.
1272
1273 Annually, a cooperative agreement and plan for juvenile justice
1274 education service enhancement shall be developed between the
1275 Department of Juvenile Justice and the Department of Education
1276 and submitted to the Secretary of Juvenile Justice and the
1277 Commissioner of Education by June 30. The plan shall include, at
1278 a minimum, each agency’s role regarding educational program
1279 accountability, technical assistance, training, and coordination
1280 of services.
1281 (2) Students participating in Department of Juvenile
1282 Justice education programs pursuant to chapter 985 which are
1283 sponsored by a community-based agency or are operated or
1284 contracted for by the Department of Juvenile Justice shall
1285 receive education programs according to rules of the State Board
1286 of Education. These students shall be eligible for services
1287 afforded to students enrolled in programs pursuant to s. 1003.53
1288 and all corresponding State Board of Education rules.
1289 (3) The district school board of the county in which the
1290 juvenile justice education prevention, day treatment,
1291 residential, or detention program is located shall provide or
1292 contract for appropriate educational assessments and an
1293 appropriate program of instruction and special education
1294 services.
1295 (a) All contracts between a district school board desiring
1296 to contract directly with juvenile justice education programs to
1297 provide academic instruction for students in such programs must
1298 be in writing and reviewed by the Department of Juvenile
1299 Justice. Unless both parties agree to an extension of time, the
1300 district school board and the juvenile justice education program
1301 shall negotiate and execute a new or renewal contract within 40
1302 days after the district school board provides the proposal to
1303 the juvenile justice education program. The Department of
1304 Education shall provide mediation services for any disputes
1305 relating to this paragraph.
1306 (b) District school boards shall satisfy invoices issued by
1307 juvenile justice education programs within 15 working days after
1308 receipt. If a district school board does not timely issue a
1309 warrant for payment, it must pay to the juvenile justice
1310 education program interest at a rate of 1 percent per month,
1311 calculated on a daily basis, on the unpaid balance until such
1312 time as a warrant is issued for the invoice and accrued interest
1313 amount. The district school board may not delay payment to a
1314 juvenile justice education program of any portion of funds owed
1315 pending the district’s receipt of local funds.
1316 (c) The district school board shall make provisions for
1317 each student to participate in basic career and technical
1318 education, CAPE, and exceptional student programs, as
1319 appropriate. Students served in Department of Juvenile Justice
1320 education programs shall have access to the appropriate courses
1321 and instruction to prepare them for the high school equivalency
1322 examination. Students participating in high school equivalency
1323 examination preparation programs shall be funded at the basic
1324 program cost factor for Department of Juvenile Justice programs
1325 in the Florida Education Finance Program. Each program shall be
1326 conducted according to applicable law providing for the
1327 operation of public schools and rules of the State Board of
1328 Education. School districts shall provide the high school
1329 equivalency examination exit option for all juvenile justice
1330 education programs, except for residential programs operated
1331 under s. 985.619.
1332 (d) The district school board shall select appropriate
1333 academic and career assessments to be administered at the time
1334 of program entry and exit for the purpose of developing goals
1335 for education transition plans, progress monitoring plans,
1336 individual education plans, as applicable, and federal
1337 reporting, as applicable The Department of Education, with the
1338 assistance of the school districts and juvenile justice
1339 education providers, shall select a common student assessment
1340 instrument and protocol for measuring student learning gains and
1341 student progression while a student is in a juvenile justice
1342 education program. The Department of Education and the
1343 Department of Juvenile Justice shall jointly review the
1344 effectiveness of this assessment and implement changes as
1345 necessary.
1346 (4) Educational services shall be provided at times of the
1347 day most appropriate for the juvenile justice program. School
1348 programming in juvenile justice detention, prevention, or day
1349 treatment, and residential programs shall be made available by
1350 the local school district during the juvenile justice school
1351 year, as provided in s. 1003.01(14). In addition, students in
1352 juvenile justice education programs shall have access to courses
1353 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The
1354 Department of Education and the school districts shall adopt
1355 policies necessary to provide such access.
1356 (5) The educational program shall provide instruction based
1357 on each student’s individualized transition plan, assessed
1358 educational needs, and the education programs available in the
1359 school district in which the student will return. Depending on
1360 the student’s needs, educational programming may consist of
1361 remedial courses, academic courses required for grade
1362 advancement, career and technical education CAPE courses, high
1363 school equivalency examination preparation, or exceptional
1364 student education curricula and related services which support
1365 the transition goals and reentry and which may lead to
1366 completion of the requirements for receipt of a high school
1367 diploma or its equivalent. Prevention and day treatment juvenile
1368 justice education programs, at a minimum, shall provide career
1369 readiness and exploration opportunities as well as truancy and
1370 dropout prevention intervention services. Residential juvenile
1371 justice education programs with a contracted minimum length of
1372 stay of 9 months shall provide CAPE courses that lead to
1373 preapprentice certifications and industry certifications.
1374 Programs with contracted lengths of stay of less than 9 months
1375 may provide career education courses that lead to preapprentice
1376 certifications and CAPE industry certifications. If the duration
1377 of a program is less than 40 days, the educational component may
1378 be limited to tutorial remediation activities, career
1379 employability skills instruction, education counseling, and
1380 transition services that prepare students for a return to
1381 school, the community, and their home settings based on the
1382 students’ needs.
1383 (6) Participation in the program by students of compulsory
1384 school-attendance age as provided for in s. 1003.21 shall be
1385 mandatory. All students of noncompulsory school-attendance age
1386 who have not received a high school diploma or its equivalent
1387 shall participate in the educational program, unless the student
1388 files a formal declaration of his or her intent to terminate
1389 school enrollment as described in s. 1003.21 and is afforded the
1390 opportunity to take the high school equivalency examination and
1391 attain a Florida high school diploma before release from a
1392 juvenile justice education program. A student who has received a
1393 high school diploma or its equivalent and is not employed shall
1394 participate in workforce development or other CAPE education or
1395 Florida College System institution or university courses while
1396 in the program, subject to available funding.
1397 (7) An individualized progress monitoring plan shall be
1398 developed for all students not classified as exceptional
1399 education students upon entry in a juvenile justice education
1400 program and upon reentry in the school district. These plans
1401 shall address academic, literacy, and career and technical
1402 skills and shall include provisions for intensive remedial
1403 instruction in the areas of weakness.
1404 (8) Each district school board shall maintain an academic
1405 record for each student enrolled in a juvenile justice education
1406 program as prescribed by s. 1003.51. Such record shall delineate
1407 each course completed by the student according to procedures in
1408 the State Course Code Directory. The district school board shall
1409 include a copy of a student’s academic record in the discharge
1410 packet when the student exits the program.
1411 (9) Each district school board shall make provisions for
1412 high school level students to earn credits toward high school
1413 graduation while in residential and nonresidential juvenile
1414 justice detention, prevention, or day treatment education
1415 programs. Provisions must be made for the transfer of credits
1416 and partial credits earned.
1417 (10) School districts and juvenile justice education
1418 providers shall develop individualized transition plans during
1419 the course of a student’s stay in a juvenile justice education
1420 program to coordinate academic, career and technical, and
1421 secondary and postsecondary services that assist the student in
1422 successful community reintegration upon release. Development of
1423 the transition plan shall be a collaboration of the personnel in
1424 the juvenile justice education program, reentry personnel,
1425 personnel from the school district where the student will
1426 return, the student, the student’s family, and the Department of
1427 Juvenile Justice personnel for committed students.
1428 (a) Transition planning must begin upon a student’s
1429 placement in the program. The transition plan must include, at a
1430 minimum:
1431 1. Services and interventions that address the student’s
1432 assessed educational needs and postrelease education plans.
1433 2. Services to be provided during the program stay and
1434 services to be implemented upon release, including, but not
1435 limited to, continuing education in secondary school, career and
1436 technical education CAPE programs, postsecondary education, or
1437 employment, based on the student’s needs.
1438 3. Specific monitoring responsibilities to determine
1439 whether the individualized transition plan is being implemented
1440 and the student is provided access to support services that will
1441 sustain the student’s success by individuals who are responsible
1442 for the reintegration and coordination of these activities.
1443 (b) For the purpose of transition planning and reentry
1444 services, representatives from the school district and the one
1445 stop center where the student will return shall participate as
1446 members of the local Department of Juvenile Justice reentry
1447 teams. The school district, upon return of a student from a
1448 juvenile justice education program, must consider the individual
1449 needs and circumstances of the student and the transition plan
1450 recommendations when reenrolling a student in a public school. A
1451 local school district may not maintain a standardized policy for
1452 all students returning from a juvenile justice program but place
1453 students based on their needs and their performance in the
1454 juvenile justice education program, including any virtual
1455 education options.
1456 (c) The Department of Education and the Department of
1457 Juvenile Justice shall provide oversight and guidance to school
1458 districts, education providers, and reentry personnel on how to
1459 implement effective educational transition planning and
1460 services.
1461 (11) The district school board shall recruit and train
1462 teachers who are interested, qualified, or experienced in
1463 educating students in juvenile justice programs. Students in
1464 juvenile justice programs shall be provided a wide range of
1465 education programs and opportunities including instructional
1466 materials textbooks, technology, instructional support, and
1467 resources commensurate with resources provided to students in
1468 public schools, including instructional materials textbooks and
1469 access to technology. If the district school board operates a
1470 juvenile justice education program at a juvenile justice
1471 facility, the district school board, in consultation with the
1472 director of the juvenile justice facility, shall select the
1473 instructional personnel assigned to that program. The Secretary
1474 of Juvenile Justice or the director of a juvenile justice
1475 program may request that the performance of a teacher assigned
1476 by the district to a juvenile justice education program be
1477 reviewed by the district and that the teacher be reassigned
1478 based upon an evaluation conducted pursuant to s. 1012.34 or for
1479 inappropriate behavior. Juvenile justice education programs
1480 shall have access to the substitute teacher pool used by the
1481 district school board.
1482 (12) District school boards may contract with a private
1483 provider for the provision of education programs to students
1484 placed in juvenile justice detention, prevention, or day
1485 treatment programs with the Department of Juvenile Justice and
1486 shall generate local, state, and federal funding, including
1487 funding through the Florida Education Finance Program for such
1488 students. The district school board’s planning and budgeting
1489 process shall include the needs of Department of Juvenile
1490 Justice education programs in the district school board’s plan
1491 for expenditures for state categorical and federal funds.
1492 (13)(a) Eligible students enrolled in juvenile justice
1493 detention, prevention, or day treatment education programs shall
1494 be funded the same as students enrolled in traditional public
1495 schools funded in the Florida Education Finance Program and as
1496 specified in s. 1011.62 and the General Appropriations Act.
1497 (b) Juvenile justice education programs to receive the
1498 appropriate FEFP funding for Department of Juvenile Justice
1499 education programs shall include those operated through a
1500 contract with the Department of Juvenile Justice.
1501 (c) Consistent with the rules of the State Board of
1502 Education, district school boards shall request an alternative
1503 FTE survey for Department of Juvenile Justice education programs
1504 experiencing fluctuations in student enrollment.
1505 (d) FTE count periods shall be prescribed in rules of the
1506 State Board of Education and shall be the same for programs of
1507 the Department of Juvenile Justice as for other public school
1508 programs. The summer school period for students in Department of
1509 Juvenile Justice education programs shall begin on the day
1510 immediately following the end of the regular school year and end
1511 on the day immediately preceding the subsequent regular school
1512 year. Students shall be funded for no more than 25 hours per
1513 week of direct instruction.
1514 (e) Each juvenile justice education program must receive
1515 all federal funds for which the program is eligible.
1516 (14) Each district school board shall negotiate a
1517 cooperative agreement with the Department of Juvenile Justice on
1518 the delivery of educational services to students in juvenile
1519 justice detention, prevention, or day treatment programs under
1520 the jurisdiction of the Department of Juvenile Justice. Such
1521 agreement must include, but is not limited to:
1522 (a) Roles and responsibilities of each agency, including
1523 the roles and responsibilities of contract providers.
1524 (b) Administrative issues including procedures for sharing
1525 information.
1526 (c) Allocation of resources including maximization of
1527 local, state, and federal funding.
1528 (d) Procedures for educational evaluation for educational
1529 exceptionalities and special needs.
1530 (e) Curriculum and delivery of instruction.
1531 (f) Classroom management procedures and attendance
1532 policies.
1533 (g) Procedures for provision of qualified instructional
1534 personnel, whether supplied by the district school board or
1535 provided under contract by the provider, and for performance of
1536 duties while in a juvenile justice setting.
1537 (h) Provisions for improving skills in teaching and working
1538 with students referred to juvenile justice education programs.
1539 (i) Transition plans for students moving into and out of
1540 juvenile justice education programs.
1541 (j) Procedures and timelines for the timely documentation
1542 of credits earned and transfer of student records.
1543 (k) Methods and procedures for dispute resolution.
1544 (l) Provisions for ensuring the safety of education
1545 personnel and support for the agreed-upon education program.
1546 (m) Strategies for correcting any deficiencies found
1547 through the alternative school improvement rating accountability
1548 and evaluation system and student performance measures.
1549 (n) Career and academic assessments selected by the
1550 district pursuant to paragraph (3)(d).
1551 (15) Nothing in this section or in a cooperative agreement
1552 requires the district school board to provide more services than
1553 can be supported by the funds generated by students in the
1554 juvenile justice programs.
1555 (16) The Department of Education, in consultation with the
1556 Department of Juvenile Justice, district school boards, and
1557 providers, shall adopt rules establishing:
1558 (a) Objective and measurable student performance measures
1559 to evaluate a student’s educational progress while participating
1560 in a prevention, day treatment, or residential program. The
1561 student performance measures must be based on appropriate
1562 outcomes for all students in juvenile justice education
1563 programs, taking into consideration the student’s length of stay
1564 in the program. Performance measures shall include outcomes that
1565 relate to student achievement of career education goals,
1566 acquisition of employability skills, receipt of a high school
1567 diploma or its equivalent, grade advancement, and the number of
1568 CAPE industry certifications earned.
1569 (b) A performance rating system to be used by the
1570 Department of Education to evaluate the delivery of educational
1571 services within each of the juvenile justice programs. The
1572 performance rating shall be primarily based on data regarding
1573 student performance as described in paragraph (a).
1574 (c) The timeframes, procedures, and resources to be used to
1575 improve a low-rated educational program or to terminate or
1576 reassign the program.
1577 (d) The Department of Education, in partnership with the
1578 Department of Juvenile Justice, shall develop a comprehensive
1579 accountability and program improvement process. The
1580 accountability and program improvement process shall be based on
1581 student performance measures by type of program and shall rate
1582 education program performance. The accountability system shall
1583 identify and recognize high-performing education programs. The
1584 Department of Education, in partnership with the Department of
1585 Juvenile Justice, shall identify low-performing programs. Low
1586 performing education programs shall receive an onsite program
1587 evaluation from the Department of Juvenile Justice. School
1588 improvement, technical assistance, or the reassignment of the
1589 program shall be based, in part, on the results of the program
1590 evaluation. Through a corrective action process, low-performing
1591 programs must demonstrate improvement or the programs shall be
1592 reassigned.
1593 (17) The department, in collaboration with the Department
1594 of Juvenile Justice, shall collect data and report on
1595 commitment, day treatment, prevention, and detention programs.
1596 The report shall be submitted to the President of the Senate,
1597 the Speaker of the House of Representatives, and the Governor by
1598 February 1 of each year. The report must include, at a minimum:
1599 (a) The number and percentage of students who:
1600 1. Return to an alternative school, middle school, or high
1601 school upon release and the attendance rate of such students
1602 before and after participation in juvenile justice education
1603 programs.
1604 2. Receive a standard high school diploma or a high school
1605 equivalency diploma.
1606 3. Receive industry certification.
1607 4. Enroll in a postsecondary educational institution.
1608 5. Complete a juvenile justice education program without
1609 reoffending.
1610 6. Reoffend within 1 year after completion of a day
1611 treatment or residential commitment program.
1612 7. Remain employed 1 year after completion of a day
1613 treatment or residential commitment program.
1614 8. Demonstrate learning gains pursuant to paragraph (3)(d).
1615 (b) The following cost data for each juvenile justice
1616 education program:
1617 1. The amount of funding provided by district school boards
1618 to juvenile justice programs and the amount retained for
1619 administration, including documenting the purposes of such
1620 expenses.
1621 2. The status of the development of cooperative agreements.
1622 3. Recommendations for system improvement.
1623 4. Information on the identification of, and services
1624 provided to, exceptional students, to determine whether these
1625 students are properly reported for funding and are appropriately
1626 served.
1627 (18) The district school board shall not be charged any
1628 rent, maintenance, utilities, or overhead on such facilities.
1629 Maintenance, repairs, and remodeling of existing detention
1630 facilities shall be provided by the Department of Juvenile
1631 Justice.
1632 (17)(19) When additional facilities are required for
1633 juvenile justice detention, prevention, or day treatment
1634 programs, the district school board and the Department of
1635 Juvenile Justice shall agree on the appropriate site based on
1636 the instructional needs of the students. When the most
1637 appropriate site for instruction is on district school board
1638 property, a special capital outlay request shall be made by the
1639 commissioner in accordance with s. 1013.60. When the most
1640 appropriate site is on state property, state capital outlay
1641 funds shall be requested by the Department of Juvenile Justice
1642 provided by s. 216.043 and shall be submitted as specified by s.
1643 216.023. Any instructional facility to be built on state
1644 property shall have educational specifications jointly developed
1645 by the district school board and the Department of Juvenile
1646 Justice and approved by the Department of Education. The size of
1647 space and occupant design capacity criteria as provided by State
1648 Board of Education rules shall be used for remodeling or new
1649 construction whether facilities are provided on state property
1650 or district school board property.
1651 (18)(20) The parent of an exceptional student shall have
1652 the due process rights provided for in this chapter.
1653 (19)(21) The State Board of Education shall adopt rules
1654 necessary to implement this section. Such rules must require the
1655 minimum amount of paperwork and reporting.
1656 (22) The Department of Juvenile Justice and the Department
1657 of Education, in consultation with CareerSource Florida, Inc.,
1658 the statewide Workforce Development Youth Council, district
1659 school boards, Florida College System institutions, providers,
1660 and others, shall jointly develop a multiagency plan for CAPE
1661 which describes the funding, curriculum, transfer of credits,
1662 goals, and outcome measures for career education programming in
1663 juvenile commitment facilities, pursuant to s. 985.622. The plan
1664 must be reviewed annually.
1665 Section 21. Paragraph (a) of subsection (2) of section
1666 330.41, Florida Statutes, is amended to read:
1667 330.41 Unmanned Aircraft Systems Act.—
1668 (2) DEFINITIONS.—As used in this act, the term:
1669 (a) “Critical infrastructure facility” means any of the
1670 following, if completely enclosed by a fence or other physical
1671 barrier that is obviously designed to exclude intruders, or if
1672 clearly marked with a sign or signs which indicate that entry is
1673 forbidden and which are posted on the property in a manner
1674 reasonably likely to come to the attention of intruders:
1675 1. A power generation or transmission facility, substation,
1676 switching station, or electrical control center.
1677 2. A chemical or rubber manufacturing or storage facility.
1678 3. A water intake structure, water treatment facility,
1679 wastewater treatment plant, or pump station.
1680 4. A mining facility.
1681 5. A natural gas or compressed gas compressor station,
1682 storage facility, or natural gas or compressed gas pipeline.
1683 6. A liquid natural gas or propane gas terminal or storage
1684 facility.
1685 7. Any portion of an aboveground oil or gas pipeline.
1686 8. A refinery.
1687 9. A gas processing plant, including a plant used in the
1688 processing, treatment, or fractionation of natural gas.
1689 10. A wireless communications facility, including the
1690 tower, antennae, support structures, and all associated ground
1691 based equipment.
1692 11. A seaport as listed in s. 311.09(1), which need not be
1693 completely enclosed by a fence or other physical barrier and
1694 need not be marked with a sign or signs indicating that entry is
1695 forbidden.
1696 12. An inland port or other facility or group of facilities
1697 serving as a point of intermodal transfer of freight in a
1698 specific area physically separated from a seaport.
1699 13. An airport as defined in s. 330.27.
1700 14. A spaceport territory as defined in s. 331.303(18).
1701 15. A military installation as defined in 10 U.S.C. s.
1702 2801(c)(4) and an armory as defined in s. 250.01.
1703 16. A dam as defined in s. 373.403(1) or other structures,
1704 such as locks, floodgates, or dikes, which are designed to
1705 maintain or control the level of navigable waterways.
1706 17. A state correctional institution as defined in s.
1707 944.02 or a private correctional facility authorized under
1708 chapter 957.
1709 18. A secure detention center or facility as defined in s.
1710 985.03, or a moderate-risk nonsecure residential facility, a
1711 high-risk residential facility, or a maximum-risk residential
1712 facility as those terms are described in s. 985.03(44).
1713 19. A county detention facility as defined in s. 951.23.
1714 20. A critical infrastructure facility as defined in s.
1715 692.201.
1716 Section 22. Paragraphs (c) and (j) of subsection (3),
1717 paragraph (a) of subsection (10), and paragraph (f) of
1718 subsection (12) of section 553.865, Florida Statutes, are
1719 amended to read:
1720 553.865 Private spaces.—
1721 (3) As used in this section, the term:
1722 (c) “Covered entity” means any:
1723 1. Correctional institution;
1724 2. Detention facility;
1725 3. Educational institution;
1726 4. Maximum-risk residential facilities Juvenile
1727 correctional facility or juvenile prison as described in s.
1728 985.465, any detention center or facility designated by the
1729 Department of Juvenile Justice to provide secure detention as
1730 defined in s. 985.03(18)(a), and any facility used for a
1731 residential program as described in s. 985.03(44) s.
1732 985.03(44)(b), (c), or (d); or
1733 5. Public building.
1734 (j) “Public building” means a building comfort-conditioned
1735 for occupancy which is owned or leased by the state, a state
1736 agency, or a political subdivision. The term does not include a
1737 correctional institution, a detention facility, an educational
1738 institution, a maximum-risk residential juvenile correctional
1739 facility or juvenile prison as described in s. 985.465, a
1740 detention center or facility designated by the Department of
1741 Juvenile Justice to provide secure detention as defined in s.
1742 985.03(18)(a), or any facility used for a residential program as
1743 described in s. 985.03(44) s. 985.03(44)(b), (c), or (d).
1744 (10)(a) Each maximum-risk residential juvenile correctional
1745 facility or juvenile prison as described in s. 985.465, each
1746 detention center or facility designated by the Department of
1747 Juvenile Justice to provide secure detention as defined in s.
1748 985.03(18)(a), and each facility used for a residential program
1749 as described in s. 985.03(44) s. 985.03(44)(b), (c), or (d)
1750 shall establish disciplinary procedures for any juvenile as
1751 defined in s. 985.03(7) who willfully enters, for a purpose
1752 other than those listed in subsection (6), a restroom or
1753 changing facility designated for the opposite sex in such
1754 juvenile correctional facility, juvenile prison, secure
1755 detention center or facility, or residential program facility
1756 and refuses to depart when asked to do so by delinquency program
1757 staff, detention staff, or residential program staff.
1758 (12) A covered entity that is:
1759 (f) A maximum-risk residential juvenile correctional
1760 facility or juvenile prison as described in s. 985.465, a
1761 detention center or facility designated by the Department of
1762 Juvenile Justice to provide secure detention as defined in s.
1763 985.03(18)(a), or a facility used for a residential program as
1764 described in s. 985.03(44) s. 985.03(44)(b), (c), or (d) shall
1765 submit documentation to the Department of Juvenile Justice
1766 regarding compliance with subsections (4) and (5), as
1767 applicable, within 1 year after being established or, if such
1768 institution or facility was established before July 1, 2023, no
1769 later than April 1, 2024.
1770 Section 23. Paragraph (c) of subsection (18) of section
1771 1001.42, Florida Statutes, is amended to read:
1772 1001.42 Powers and duties of district school board.—The
1773 district school board, acting as a board, shall exercise all
1774 powers and perform all duties listed below:
1775 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
1776 Maintain a system of school improvement and education
1777 accountability as provided by statute and State Board of
1778 Education rule. This system of school improvement and education
1779 accountability shall be consistent with, and implemented
1780 through, the district’s continuing system of planning and
1781 budgeting required by this section and ss. 1008.385, 1010.01,
1782 and 1011.01. This system of school improvement and education
1783 accountability shall comply with the provisions of ss. 1008.33,
1784 1008.34, 1008.345, and 1008.385 and include the following:
1785 (c) Public disclosure.—The district school board shall
1786 provide information regarding the performance of students and
1787 educational programs as required pursuant to ss. 1008.22 and
1788 1008.385 and implement a system of school reports as required by
1789 statute and State Board of Education rule which shall include
1790 schools operating for the purpose of providing educational
1791 services to students in Department of Juvenile Justice programs,
1792 and for those schools, report on the elements specified in s.
1793 1003.52(17). Annual public disclosure reports shall be in an
1794 easy-to-read report card format and shall include the school’s
1795 grade, high school graduation rate calculated without high
1796 school equivalency examinations, disaggregated by student
1797 ethnicity, and performance data as specified in state board
1798 rule.
1799 Section 24. For the purpose of incorporating the amendment
1800 made by this act to section 985.03, Florida Statutes, in a
1801 reference thereto, section 985.721, Florida Statutes, is
1802 reenacted to read:
1803 985.721 Escapes from secure detention or residential
1804 commitment facility.—An escape from:
1805 (1) Any secure detention facility maintained for the
1806 temporary detention of children, pending adjudication,
1807 disposition, or placement;
1808 (2) Any residential commitment facility described in s.
1809 985.03(44), maintained for the custody, treatment, punishment,
1810 or rehabilitation of children found to have committed delinquent
1811 acts or violations of law; or
1812 (3) Lawful transportation to or from any such secure
1813 detention facility or residential commitment facility,
1814
1815 constitutes escape within the intent and meaning of s. 944.40
1816 and is a felony of the third degree, punishable as provided in
1817 s. 775.082, s. 775.083, or s. 775.084.
1818 Section 25. For the purpose of incorporating the amendment
1819 made by this act to section 985.115, Florida Statutes, in a
1820 reference thereto, subsection (1) of section 985.25, Florida
1821 Statutes, is reenacted to read:
1822 985.25 Detention intake.—
1823 (1) The department shall receive custody of a child who has
1824 been taken into custody from the law enforcement agency or court
1825 and shall review the facts in the law enforcement report or
1826 probable cause affidavit and make such further inquiry as may be
1827 necessary to determine whether detention care is appropriate.
1828 (a) During the period of time from the taking of the child
1829 into custody to the date of the detention hearing, the initial
1830 decision as to the child’s placement into detention care shall
1831 be made by the department under ss. 985.24 and 985.245(1).
1832 (b) The department shall base the decision whether to place
1833 the child into detention care on an assessment of risk in
1834 accordance with the risk assessment instrument and procedures
1835 developed by the department under s. 985.245, except that a
1836 child shall be placed in secure detention care until the child’s
1837 detention hearing if the child meets the criteria specified in
1838 s. 985.255(1)(f), is charged with possessing or discharging a
1839 firearm on school property in violation of s. 790.115, or is
1840 charged with any other offense involving the possession or use
1841 of a firearm.
1842 (c) If the final score on the child’s risk assessment
1843 instrument indicates detention care is appropriate, but the
1844 department otherwise determines the child should be released,
1845 the department shall contact the state attorney, who may
1846 authorize release.
1847 (d) If the final score on the risk assessment instrument
1848 indicates detention is not appropriate, the child may be
1849 released by the department in accordance with ss. 985.115 and
1850 985.13.
1851
1852 Under no circumstances shall the department or the state
1853 attorney or law enforcement officer authorize the detention of
1854 any child in a jail or other facility intended or used for the
1855 detention of adults, without an order of the court.
1856 Section 26. For the purpose of incorporating the amendment
1857 made by this act to section 985.27, Florida Statutes, in a
1858 reference thereto, subsection (3) of section 985.255, Florida
1859 Statutes, is reenacted to read:
1860 985.255 Detention criteria; detention hearing.—
1861 (3)(a) The purpose of the detention hearing required under
1862 subsection (1) is to determine the existence of probable cause
1863 that the child has committed the delinquent act or violation of
1864 law that he or she is charged with and the need for continued
1865 detention. The court shall use the results of the risk
1866 assessment performed by the department and, based on the
1867 criteria in subsection (1), shall determine the need for
1868 continued detention. If the child is a prolific juvenile
1869 offender who is detained under s. 985.26(2)(c), the court shall
1870 use the results of the risk assessment performed by the
1871 department and the criteria in subsection (1) or subsection (2)
1872 only to determine whether the prolific juvenile offender should
1873 be held in secure detention.
1874 (b) If the court orders a placement more restrictive than
1875 indicated by the results of the risk assessment instrument, the
1876 court shall state, in writing, clear and convincing reasons for
1877 such placement.
1878 (c) Except as provided in s. 790.22(8) or s. 985.27, when a
1879 child is placed into detention care, or into a respite home or
1880 other placement pursuant to a court order following a hearing,
1881 the court order must include specific instructions that direct
1882 the release of the child from such placement no later than 5
1883 p.m. on the last day of the detention period specified in s.
1884 985.26 or s. 985.27, whichever is applicable, unless the
1885 requirements of such applicable provision have been met or an
1886 order of continuance has been granted under s. 985.26(4). If the
1887 court order does not include a release date, the release date
1888 shall be requested from the court on the same date that the
1889 child is placed in detention care. If a subsequent hearing is
1890 needed to provide additional information to the court for safety
1891 planning, the initial order placing the child in detention care
1892 shall reflect the next detention review hearing, which shall be
1893 held within 3 calendar days after the child’s initial detention
1894 placement.
1895 Section 27. For the purpose of incorporating the amendment
1896 made by this act to section 985.441, Florida Statutes, in a
1897 reference thereto, paragraph (h) of subsection (2) of section
1898 985.475, Florida Statutes, is reenacted to read:
1899 985.475 Juvenile sexual offenders.—
1900 (2) Following a delinquency adjudicatory hearing under s.
1901 985.35, the court may on its own or upon request by the state or
1902 the department and subject to specific appropriation, determine
1903 whether a juvenile sexual offender placement is required for the
1904 protection of the public and what would be the best approach to
1905 address the treatment needs of the juvenile sexual offender.
1906 When the court determines that a juvenile has no history of a
1907 recent comprehensive assessment focused on sexually deviant
1908 behavior, the court may, subject to specific appropriation,
1909 order the department to conduct or arrange for an examination to
1910 determine whether the juvenile sexual offender is amenable to
1911 community-based treatment.
1912 (h) If the juvenile sexual offender violates any condition
1913 of the disposition or the court finds that the juvenile sexual
1914 offender is failing to make satisfactory progress in treatment,
1915 the court may revoke the community-based treatment alternative
1916 and order commitment to the department under s. 985.441.
1917 Section 28. For the purpose of incorporating the amendment
1918 made by this act to section 985.441, Florida Statutes, in a
1919 reference thereto, paragraph (b) of subsection (4) of section
1920 985.565, Florida Statutes, is reenacted to read:
1921 985.565 Sentencing powers; procedures; alternatives for
1922 juveniles prosecuted as adults.—
1923 (4) SENTENCING ALTERNATIVES.—
1924 (b) Juvenile sanctions.—For juveniles transferred to adult
1925 court but who do not qualify for such transfer under s.
1926 985.556(3), the court may impose juvenile sanctions under this
1927 paragraph. If juvenile sentences are imposed, the court shall,
1928 under this paragraph, adjudge the child to have committed a
1929 delinquent act. Adjudication of delinquency may not be deemed a
1930 conviction, nor shall it operate to impose any of the civil
1931 disabilities ordinarily resulting from a conviction. The court
1932 shall impose an adult sanction or a juvenile sanction and may
1933 not sentence the child to a combination of adult and juvenile
1934 punishments. An adult sanction or a juvenile sanction may
1935 include enforcement of an order of restitution or probation
1936 previously ordered in any juvenile proceeding. However, if the
1937 court imposes a juvenile sanction and the department determines
1938 that the sanction is unsuitable for the child, the department
1939 shall return custody of the child to the sentencing court for
1940 further proceedings, including the imposition of adult
1941 sanctions. Upon adjudicating a child delinquent under subsection
1942 (1), the court may:
1943 1. Place the child in a probation program under the
1944 supervision of the department for an indeterminate period of
1945 time until the child reaches the age of 19 years or sooner if
1946 discharged by order of the court.
1947 2. Commit the child to the department for treatment in an
1948 appropriate program for children for an indeterminate period of
1949 time until the child is 21 or sooner if discharged by the
1950 department. The department shall notify the court of its intent
1951 to discharge no later than 14 days before discharge. Failure of
1952 the court to timely respond to the department’s notice shall be
1953 considered approval for discharge.
1954 3. Order disposition under ss. 985.435, 985.437, 985.439,
1955 985.441, 985.45, and 985.455 as an alternative to youthful
1956 offender or adult sentencing if the court determines not to
1957 impose youthful offender or adult sanctions.
1958
1959 It is the intent of the Legislature that the criteria and
1960 guidelines in this subsection are mandatory and that a
1961 determination of disposition under this subsection is subject to
1962 the right of the child to appellate review under s. 985.534.
1963 Section 29. This act shall take effect July 1, 2024.