Bill Text: FL S0700 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile Justice
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7055 (Ch. 2014-162) [S0700 Detail]
Download: Florida-2014-S0700-Introduced.html
Bill Title: Juvenile Justice
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7055 (Ch. 2014-162) [S0700 Detail]
Download: Florida-2014-S0700-Introduced.html
Florida Senate - 2014 SB 700
By Senator Bradley
7-00541D-14 2014700__
1 A bill to be entitled
2 An act relating to the Department of Juvenile Justice;
3 amending s. 985.01, F.S.; revising the purposes of ch.
4 985, F.S., relating to juvenile justice; amending s.
5 985.02, F.S.; revising the legislative intent and
6 findings relating to the juvenile justice system;
7 amending s. 985.03, F.S.; defining and redefining
8 terms; amending s. 985.0301, F.S.; allowing a child
9 who has been detained to be transferred to the
10 detention center or facility in the circuit in which
11 the child resides or will reside at the time of
12 detention; deleting provisions relating to the
13 retention of jurisdiction by the court of a child
14 under certain circumstances; conforming provisions to
15 changes made by the act; amending s. 985.037, F.S.;
16 requiring the court to hold a hearing if a child is
17 charged with direct contempt of court and to afford
18 the child due process at such hearing; requiring the
19 court to review the placement of a child in a secure
20 detention facility upon motion by the defense or state
21 attorney; conforming provisions to changes made by the
22 act; repealing s. 985.105, F.S., relating to youth
23 custody officers; amending s. 985.11, F.S.; providing
24 that a child’s fingerprints do not need to be
25 submitted to the Department of Law Enforcement under
26 certain circumstances; amending s. 985.14, F.S.;
27 authorizing juvenile assessment center personnel to
28 perform the intake process for children in custody of
29 the Department of Juvenile Justice; providing
30 requirements for the intake process; amending s.
31 985.145, F.S.; transferring responsibilities relating
32 to the intake process from the juvenile probation
33 officer to the department; creating s. 985.17, F.S.;
34 providing goals for the department’s prevention
35 services; requiring the department to engage with
36 certain faith-based and community-based organizations;
37 requiring the department to establish volunteer
38 coordinators; requiring the department to promote a
39 specified license plate; providing for the use of
40 funds related to prevention services; amending s.
41 985.24, F.S.; requiring that a determination or court
42 order regarding the use of detention care include any
43 findings that the child illegally possessed a firearm;
44 authorizing the department to develop evening
45 reporting centers; providing requirements for such
46 centers; conforming provisions to changes made by the
47 act; amending s. 985.245, F.S.; conforming provisions
48 to changes made by the act; amending s. 985.25, F.S.;
49 transferring the responsibility for detention intake
50 from the juvenile probation officer to the department;
51 requiring that a child be placed in secure detention
52 care until the child’s detention hearing under certain
53 circumstances; conforming provisions to changes made
54 by the act; amending s. 985.255, F.S.; requiring that
55 a child taken into custody and placed into secure or
56 nonsecure detention care be given a hearing within a
57 certain timeframe; authorizing the court to order
58 continued detention under certain circumstances;
59 requiring that, if the initial order placing the youth
60 on detention care does not include a release date, a
61 release date be requested of the court on the same
62 date the youth is placed on detention care; requiring
63 that, if a subsequent hearing is needed to provide
64 additional information to the court for safety
65 planning, the initial order reflect the date of the
66 next detention review hearing, which must be within 3
67 calendar days after the child’s initial detention
68 placement; conforming provisions to changes made by
69 the act; amending s. 985.26, F.S.; conforming
70 provisions to changes made by the act; amending s.
71 985.265, F.S.; requiring that detention staff
72 immediately notify law enforcement, school personnel,
73 and the victim, when a juvenile charged with a
74 specified crime is released from secure detention or
75 transferred to nonsecure detention; conforming
76 provisions to changes made by the act; amending s.
77 985.27, F.S.; conforming provisions to changes made by
78 the act; amending s. 985.275, F.S.; requiring an
79 authorized agent of the department to notify law
80 enforcement and attempt to locate a child who has
81 escaped from a residential commitment facility;
82 requiring that the victim be notified under certain
83 circumstances; amending s. 985.433, F.S.; revising
84 provisions relating to educational goals of a child in
85 a predisposition report; requiring the department,
86 rather than the juvenile probation officer, to
87 recommend to the court the most appropriate treatment
88 and placement plan; amending s. 985.435, F.S.;
89 authorizing a probation program to include an
90 alternative consequence component; providing
91 requirements for such component; requiring that the
92 department provide an evaluation of the youth’s risk
93 to reoffend; conforming provisions to changes made by
94 the act; amending s. 985.439, F.S.; providing that the
95 section applies to children on probation or
96 postcommitment probation, regardless of adjudication;
97 authorizing the department to establish programs to
98 provide alternative consequences for certain probation
99 violations; providing requirements for such programs;
100 conforming provisions to changes made by the act;
101 amending s. 985.441, F.S.; providing that the court
102 may commit a child who is on probation for a
103 misdemeanor or a certain probation violation only at a
104 specified restrictiveness level; authorizing the court
105 to commit such child to a nonsecure residential
106 placement in certain circumstances; conforming
107 provisions to changes made by the act; amending s.
108 985.46, F.S.; providing that conditional release
109 includes transition-to-adulthood services; requiring
110 certain students to participate in an educational or
111 career education program; amending s. 985.461, F.S.;
112 authorizing the department to provide transition-to
113 adulthood services under certain circumstances;
114 authorizing the department to use community reentry
115 teams composed of certain individuals and entities for
116 certain purposes; removing age restrictions for youth
117 who receive transition-to-adulthood services;
118 requiring the department to assist youth in developing
119 a portfolio of certain accomplishments and to
120 collaborate with school districts to facilitate
121 certain educational services; amending ss. 985.481 and
122 985.4815, F.S.; deleting obsolete provisions; amending
123 s. 985.601, F.S.; requiring the department to contract
124 for programs to provide trauma-informed care, family
125 engagement resources, and gender-specific programming;
126 authorizing the department to pay expenses in support
127 of certain programs; repealing s. 985.605, F.S.,
128 relating to prevention service programs, monitoring,
129 and uniform performance measures; repealing s.
130 985.606, F.S., relating to prevention services
131 providers, performance data collection, and reporting;
132 repealing s. 985.61, F.S., relating to early
133 delinquency intervention programs; amending s.
134 985.632, F.S.; revising legislative intent to include
135 that the department establish a performance
136 accountability system for certain providers that
137 contract with the department; providing requirements
138 for such contracts; requiring that the department’s
139 Bureau of Research and Planning submit a report to the
140 Legislature; providing requirements for the report;
141 defining terms; requiring that the department develop,
142 in consultation with specified entities, a standard
143 methodology for measuring, evaluating, and reporting;
144 providing requirements for the methodology; deleting
145 reporting requirements related to cost data; revising
146 the requirements of the department’s cost
147 effectiveness model; requiring the department to
148 establish a quality improvement system rather than a
149 quality assurance system; conforming provisions to
150 changes made by the act; amending s. 985.644, F.S.;
151 providing that specified individuals are not required
152 to submit to certain screenings under certain
153 circumstances; creating s. 985.6441, F.S.; defining
154 the terms “hospital” and “health care provider”;
155 limiting the department’s compensation of health care
156 providers; amending s. 985.66, F.S.; revising the
157 purpose of juvenile justice programs and courses;
158 revising the duties of the department for staff
159 development and training; providing that employees of
160 certain contract providers may participate in the
161 training program; amending s. 985.664, F.S.; requiring
162 the juvenile justice circuit advisory board, rather
163 than the secretary of the department, to appoint a new
164 chair to that board; providing that the chair serves
165 at the pleasure of the secretary; amending s. 985.672,
166 F.S.; redefining the term “direct-support
167 organization”; authorizing the department to allow the
168 use of personnel services of the juvenile justice
169 system by a direct-support organization; amending s.
170 985.682, F.S.; deleting provisions relating to a
171 statewide study; conforming provisions to changes made
172 by the act; amending s. 985.69, F.S.; providing for
173 repair and maintenance funding for juvenile justice
174 purposes; repealing s. 985.694, F.S., relating to the
175 Juvenile Care and Maintenance Trust Fund; amending s.
176 985.701, F.S.; defining the term “juvenile offender”;
177 removing the requirement that the juvenile be detained
178 by, supervised by, or committed to the custody of the
179 department for the purposes of charging sexual
180 misconduct by an employee of the department; creating
181 s. 985.702, F.S.; defining terms; prohibiting an
182 employee from willfully and maliciously neglecting a
183 juvenile offender; providing criminal penalties;
184 providing for dismissal from employment with the
185 department; requiring an employee to report certain
186 information; requiring the department’s inspector
187 general to conduct an appropriate administrative
188 investigation; requiring that the inspector general
189 notify the state attorney under certain circumstances;
190 amending s. 943.0582, F.S.; requiring that the
191 department expunge the nonjudicial arrest record of
192 certain minors under certain circumstances; repealing
193 s. 945.75, F.S., relating to tours of state
194 correctional facilities for juveniles; amending s.
195 121.0515, F.S.; conforming provisions to changes made
196 by the act; amending ss. 985.045 and 985.721, F.S.;
197 conforming cross-references; providing an effective
198 date.
199
200 Be It Enacted by the Legislature of the State of Florida:
201
202 Section 1. Section 985.01, Florida Statutes, is amended to
203 read:
204 985.01 Purposes and intent.—
205 (1) The purposes of this chapter are:
206 (a) To increase public safety by reducing juvenile
207 delinquency through effective prevention, intervention, and
208 treatment services that strengthen and reform the lives of
209 children.
210 (b)(a) To provide judicial and other procedures to assure
211 due process through which children, victims, and other
212 interested parties are assured fair hearings by a respectful and
213 respected court or other tribunal and the recognition,
214 protection, and enforcement of their constitutional and other
215 legal rights, while ensuring that public safety interests and
216 the authority and dignity of the courts are adequately
217 protected.
218 (c)(b) To provide for the care, safety, and protection of
219 children in an environment that fosters healthy social,
220 emotional, intellectual, educational, and physical development;
221 to ensure secure and safe custody; and to promote the health and
222 well-being of all children under the state’s care.
223 (d)(c) To ensure the protection of society, by providing
224 for a comprehensive standardized assessment of the child’s needs
225 so that the most appropriate control, discipline, punishment,
226 and treatment can be administered consistent with the
227 seriousness of the act committed, the community’s long-term need
228 for public safety, the prior record of the child, and the
229 specific rehabilitation needs of the child, while also
230 providing, whenever possible, restitution to the victim of the
231 offense.
232 (e)(d) To preserve and strengthen the child’s family ties,
233 whenever possible, by providing for removal of the child from
234 the physical custody of a parent parental custody only when his
235 or her welfare or the safety and protection of the public cannot
236 be adequately safeguarded without such removal; and, when the
237 child is removed from his or her own family, to secure custody,
238 care, and discipline for the child as nearly as possible
239 equivalent to that which should have been given by the parents;
240 and to assure, in all cases in which a child must be permanently
241 removed from parental custody, that the child be placed in an
242 approved family home, adoptive home, independent living program,
243 or other placement that provides the most stable and permanent
244 living arrangement for the child, as determined by the court.
245 (f)(e)1. To assure that the adjudication and disposition of
246 a child alleged or found to have committed a violation of
247 Florida law be exercised with appropriate discretion and in
248 keeping with the seriousness of the offense and the need for
249 treatment services, and that all findings made under this
250 chapter be based upon facts presented at a hearing that meets
251 the constitutional standards of fundamental fairness and due
252 process.
253 2. To assure that the sentencing and placement of a child
254 tried as an adult be appropriate and in keeping with the
255 seriousness of the offense and the child’s need for
256 rehabilitative services, and that the proceedings and procedures
257 applicable to such sentencing and placement be applied within
258 the full framework of constitutional standards of fundamental
259 fairness and due process.
260 (g)(f) To provide children committed to the department with
261 training in life skills, including career and technical
262 education, if appropriate.
263 (h) To care for children in the least restrictive and most
264 appropriate service environments.
265 (i) To allocate resources for the most effective programs,
266 services, and treatments to ensure that children, their
267 families, and their community support systems are connected with
268 these programs, services, and treatments at the most impactful
269 points along the juvenile justice continuum.
270 (2) It is the intent of the Legislature that this chapter
271 be liberally interpreted and construed in conformity with its
272 declared purposes.
273 Section 2. Section 985.02, Florida Statutes, is amended to
274 read:
275 985.02 Legislative intent for the juvenile justice system.—
276 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
277 the Legislature that the children of this state be provided with
278 the following protections:
279 (a) Protection from abuse, neglect, and exploitation.
280 (b) A permanent and stable home.
281 (c) A safe and nurturing environment that which will
282 preserve a sense of personal dignity and integrity.
283 (d) Adequate nutrition, shelter, and clothing.
284 (e) Effective treatment to address physical, social, and
285 emotional needs, regardless of geographical location.
286 (f) Equal opportunity and access to quality and effective
287 education, which will meet the individual needs of each child,
288 and to recreation and other community resources to develop
289 individual abilities.
290 (g) Access to preventive services.
291 (h) An independent, trained advocate when intervention is
292 necessary, and a skilled guardian or caretaker in a safe
293 environment when alternative placement is necessary.
294 (h)(i) Gender-specific programming and gender-specific
295 program models and services that comprehensively address the
296 needs of a targeted gender group.
297 (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
298 children in the care of the state’s dependency and delinquency
299 system systems need appropriate health care services, that the
300 impact of substance abuse on health indicates the need for
301 health care services to include substance abuse services where
302 appropriate, and that it is in the state’s best interest that
303 such children be provided the services they need to enable them
304 to become and remain independent of state care. In order to
305 provide these services, the state’s dependency and delinquency
306 system systems must have the ability to identify and provide
307 appropriate intervention and treatment for children with
308 personal or family-related substance abuse problems. It is
309 therefore the purpose of the Legislature to provide authority
310 for the state to contract with community substance abuse
311 treatment providers for the development and operation of
312 specialized support and overlay services for the dependency and
313 delinquency system systems, which will be fully implemented and
314 used utilized as resources permit.
315 (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
316 policy of the state with respect to juvenile justice and
317 delinquency prevention to first protect the public from acts of
318 delinquency. In addition, it is the policy of the state to:
319 (a) Develop and implement effective methods of preventing
320 and reducing acts of delinquency, with a focus on maintaining
321 and strengthening the family as a whole so that children may
322 remain in their homes or communities.
323 (b) Develop and implement effective programs to prevent
324 delinquency, to divert children from the traditional juvenile
325 justice system, to intervene at an early stage of delinquency,
326 and to provide critically needed alternatives to
327 institutionalization and deep-end commitment.
328 (c) Provide well-trained personnel, high-quality services,
329 and cost-effective programs within the juvenile justice system.
330 (d) Increase the capacity of local governments and public
331 and private agencies to conduct rehabilitative treatment
332 programs and to provide research, evaluation, and training
333 services in the field of juvenile delinquency prevention.
334
335 The Legislature intends that detention care, in addition to
336 providing secure and safe custody, will promote the health and
337 well-being of the children committed thereto and provide an
338 environment that fosters their social, emotional, intellectual,
339 and physical development.
340 (4) DETENTION.—
341 (a) The Legislature finds that there is a need for a secure
342 placement for certain children alleged to have committed a
343 delinquent act. The Legislature finds that detention should be
344 used only when less restrictive interim placement alternatives
345 before prior to adjudication and disposition are not
346 appropriate. The Legislature further finds that decisions to
347 detain should be based in part on a prudent assessment of risk
348 and be limited to situations where there is clear and convincing
349 evidence that a child presents a risk of failing to appear or
350 presents a substantial risk of inflicting bodily harm on others
351 as evidenced by recent behavior; presents a history of
352 committing a serious property offense prior to adjudication,
353 disposition, or placement; has acted in direct or indirect
354 contempt of court; or requests protection from imminent bodily
355 harm.
356 (b) The Legislature intends that a juvenile found to have
357 committed a delinquent act understands the consequences and the
358 serious nature of such behavior. Therefore, the Legislature
359 finds that secure detention is appropriate to provide punishment
360 for juveniles who pose a threat to public safety that
361 discourages further delinquent behavior. The Legislature also
362 finds that certain juveniles have committed a sufficient number
363 of criminal acts, including acts involving violence to persons,
364 to represent sufficient danger to the community to warrant
365 sentencing and placement within the adult system. It is the
366 intent of the Legislature to establish clear criteria in order
367 to identify these juveniles and remove them from the juvenile
368 justice system.
369 (5) SITING OF FACILITIES.—
370 (a) The Legislature finds that timely siting and
371 development of needed residential facilities for juvenile
372 offenders is critical to the public safety of the citizens of
373 this state and to the effective rehabilitation of juvenile
374 offenders.
375 (b) It is the purpose of the Legislature to guarantee that
376 such facilities are sited and developed within reasonable
377 timeframes after they are legislatively authorized and
378 appropriated.
379 (c) The Legislature further finds that such facilities must
380 be located in areas of the state close to the home communities
381 of the children they house in order to ensure the most effective
382 rehabilitation efforts, and the most intensive postrelease
383 supervision, and case management. The placement of facilities
384 close to the home communities of the children they house is also
385 intended to facilitate family involvement in the treatment
386 process. Residential facilities may not shall have no more than
387 90 165 beds each, including campus-style programs, unless those
388 campus-style programs include more than one level of
389 restrictiveness, provide multilevel education and treatment
390 program programs using different treatment protocols, and have
391 facilities that coexist separately in distinct locations on the
392 same property.
393 (d) It is the intent of the Legislature that all other
394 departments and agencies of the state shall cooperate fully with
395 the Department of Juvenile Justice to accomplish the siting of
396 facilities for juvenile offenders.
397
398 The supervision, counseling, and rehabilitative treatment, and
399 punitive efforts of the juvenile justice system should avoid the
400 inappropriate use of correctional programs and large
401 institutions. The Legislature finds that detention services
402 should exceed the primary goal of providing safe and secure
403 custody pending adjudication and disposition.
404 (6) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
405 Parents, custodians, and guardians are deemed by the state to be
406 responsible for providing their children with sufficient
407 support, guidance, and supervision to deter their participation
408 in delinquent acts. The state further recognizes that the
409 ability of parents, custodians, and guardians to fulfill those
410 responsibilities can be greatly impaired by economic, social,
411 behavioral, emotional, and related problems. It is therefore the
412 policy of the Legislature that it is the state’s responsibility
413 to ensure that factors impeding the ability of caretakers to
414 fulfill their responsibilities are identified through the
415 delinquency intake process and that appropriate recommendations
416 to address those problems are considered in any judicial or
417 nonjudicial proceeding. Nonetheless, as it is also the intent of
418 the Legislature to preserve and strengthen the child’s family
419 ties, it is the policy of the Legislature that the emotional,
420 legal, and financial responsibilities of the caretaker with
421 regard to the care, custody, and support of the child continue
422 while the child is in the physical or legal custody of the
423 department.
424 (7) GENDER-SPECIFIC PROGRAMMING.—
425 (a) The Legislature finds that the prevention, treatment,
426 and rehabilitation needs of children youth served by the
427 juvenile justice system are gender specific gender-specific.
428 (b) Gender-specific programming refers to unique program
429 models and services that comprehensively address the needs of a
430 targeted gender group. Gender-specific services require the
431 adherence to the principle of equity to ensure that the
432 different interests of young women and men are recognized and
433 varying needs are met, with equality as the desired outcome.
434 Gender-specific programming focuses on the differences between
435 young females’ and young males’ roles and responsibilities,
436 positions in society, access to and use of resources, and social
437 codes governing behavior. Gender-specific programs increase the
438 effectiveness of programs by making interventions more
439 appropriate to the specific needs of young women and men and
440 ensuring that these programs do not unknowingly create,
441 maintain, or reinforce gender roles or relations that may be
442 damaging.
443 (8) TRAUMA-INFORMED CARE.—The Legislature finds that the
444 department should use trauma-informed care as an approach to
445 treating children with histories of trauma. Trauma-informed care
446 assists service providers in recognizing the symptoms of trauma
447 and acknowledges the role trauma has played in the child’s life.
448 Services for children should be based on an understanding of the
449 vulnerabilities and triggers of trauma survivors which
450 traditional service delivery approaches may exacerbate so that
451 these services and programs can be more supportive and avoid re
452 traumatization. The department should use trauma-specific
453 interventions that are designed to address the consequences of
454 trauma in the child and to facilitate healing.
455 (9) FAMILY AND COMMUNITY ENGAGEMENT.—The Legislature finds
456 that families and community support systems are critical to the
457 success of children and to ensure that they are nondelinquent.
458 Therefore, if appropriate, children who can be held accountable
459 safely through serving and treating them in their homes and
460 communities should be diverted from more restrictive placements
461 within the juvenile justice system. The Legislature also finds
462 that there should be an emphasis on strengthening the family and
463 immersing them in their community support system. The department
464 should develop customized plans that acknowledge the importance
465 of family and community support systems. The customized plans
466 should recognize a child’s individual needs, capitalize on his
467 or her strengths, reduce risk to the child, and prepare the
468 child for a successful transition to, and unification with, his
469 or her family and community support system. The child’s family
470 shall be included in the department’s process of assessing the
471 needs, services and treatment, and community connections of the
472 children who are involved with the juvenile justice system or in
473 danger of becoming so involved.
474 Section 3. Section 985.03, Florida Statutes, is reordered
475 and amended to read:
476 985.03 Definitions.—As used in this chapter, the term:
477 (1) “Abscond” means to hide, conceal, or absent oneself
478 from the jurisdiction of the court or supervision of the
479 department to avoid prosecution or supervision.
480 (2)(1) “Addictions receiving facility” means a substance
481 abuse service provider as defined in chapter 397.
482 (3)(2) “Adjudicatory hearing” means a hearing for the court
483 to determine whether or not the facts support the allegations
484 stated in the petition, as is provided for under s. 985.35 in
485 delinquency cases.
486 (4)(3) “Adult” means any natural person other than a child.
487 (5)(4) “Arbitration” means a process whereby a neutral
488 third person or panel, called an arbitrator or an arbitration
489 panel, considers the facts and arguments presented by the
490 parties and renders a decision, which may be binding or
491 nonbinding.
492 (6)(5) “Authorized agent” or “designee” of the department
493 means a person or agency assigned or designated by the
494 department or the Department of Children and Family Services, as
495 appropriate, to perform duties or exercise powers under this
496 chapter. The term and includes contract providers and their
497 employees for purposes of providing services to and managing
498 cases of children in need of services and families in need of
499 services.
500 (7)(6) “Child,” or “juvenile,” or “youth” means any
501 unmarried person younger than under the age of 18 years of age
502 who has not been emancipated by order of the court and who has
503 been found or alleged to be dependent, in need of services, or
504 from a family in need of services; or any married or unmarried
505 person who is alleged to have committed charged with a violation
506 of law occurring before prior to the time that person reaches
507 reached the age of 18 years of age.
508 (8)(7) “Child in need of services” has the same meaning as
509 provided in s. 984.03 means a child for whom there is no pending
510 investigation into an allegation or suspicion of abuse, neglect,
511 or abandonment; no pending referral alleging the child is
512 delinquent; or no current supervision by the department or the
513 Department of Children and Family Services for an adjudication
514 of dependency or delinquency. The child must also, under this
515 chapter, be found by the court:
516 (a) To have persistently run away from the child’s parents
517 or legal custodians despite reasonable efforts of the child, the
518 parents or legal custodians, and appropriate agencies to remedy
519 the conditions contributing to the behavior. Reasonable efforts
520 shall include voluntary participation by the child’s parents or
521 legal custodians and the child in family mediation, services,
522 and treatment offered by the department or the Department of
523 Children and Family Services;
524 (b) To be habitually truant from school, while subject to
525 compulsory school attendance, despite reasonable efforts to
526 remedy the situation under ss. 1003.26 and 1003.27 and through
527 voluntary participation by the child’s parents or legal
528 custodians and by the child in family mediation, services, and
529 treatment offered by the Department of Juvenile Justice or the
530 Department of Children and Family Services; or
531 (c) To have persistently disobeyed the reasonable and
532 lawful demands of the child’s parents or legal custodians, and
533 to be beyond their control despite efforts by the child’s
534 parents or legal custodians and appropriate agencies to remedy
535 the conditions contributing to the behavior. Reasonable efforts
536 may include such things as good faith participation in family or
537 individual counseling.
538 (9)(8) “Child who has been found to have committed a
539 delinquent act” means a child who, under this chapter, is found
540 by a court to have committed a violation of law or to be in
541 direct or indirect contempt of court. The term, except that this
542 definition does not include a child who commits an act
543 constituting contempt of court arising out of a dependency
544 proceeding or a proceeding concerning a child or family in need
545 of services.
546 (9) “Child support” means a court-ordered obligation,
547 enforced under chapter 61 and ss. 409.2551-409.2597, for
548 monetary support for the care, maintenance, training, and
549 education of a child.
550 (10) “Circuit” means any of the 20 judicial circuits as set
551 forth in s. 26.021.
552 (11) “Comprehensive assessment” or “assessment” means the
553 gathering of information for the evaluation of a juvenile
554 offender’s or a child’s physical, psychological, educational,
555 career and technical educational vocational, and social
556 condition and family environment as they relate to the child’s
557 need for rehabilitative and treatment services, including
558 substance abuse treatment services, mental health services,
559 developmental services, literacy services, medical services,
560 family services, and other specialized services, as appropriate.
561 (12) “Conditional release” means the care, treatment, help,
562 transition-to-adulthood services, and supervision provided to a
563 juvenile released from a residential commitment program which is
564 intended to promote rehabilitation and prevent recidivism. The
565 purpose of conditional release is to protect the public, reduce
566 recidivism, increase responsible productive behavior, and
567 provide for a successful transition of the youth from the
568 department to his or her the family. Conditional release
569 includes, but is not limited to, nonresidential community-based
570 programs.
571 (13) “Court,” unless otherwise expressly stated, means the
572 circuit court assigned to exercise jurisdiction under this
573 chapter, unless otherwise expressly stated.
574 (14) “Day treatment” means a nonresidential, community
575 based program designed to provide therapeutic intervention to
576 youth served by the department or who are placed on probation or
577 conditional release or are committed to the minimum-risk
578 nonresidential level. A day-treatment day treatment program may
579 provide educational and career and technical educational
580 vocational services and shall provide case management services;
581 individual, group, and family counseling; training designed to
582 address delinquency risk factors; and monitoring of a youth’s
583 compliance with, and facilitation of a youth’s completion of,
584 sanctions if ordered by the court. Program types may include,
585 but are not limited to, career programs, marine programs,
586 juvenile justice alternative schools, training and
587 rehabilitation programs, and gender-specific programs.
588 (15)(a) “Delinquency program” means any intake, probation,
589 or similar program; regional detention center or facility; or
590 community-based program, whether owned and operated by or
591 contracted by the department, or institution-owned institution
592 owned and operated by or contracted by the department, which
593 provides intake, supervision, or custody and care of children
594 who are alleged to be or who have been found to be delinquent
595 under this chapter.
596 (b) “Delinquency program staff” means supervisory and
597 direct care staff of a delinquency program as well as support
598 staff who have direct contact with children in a delinquency
599 program.
600 (c) “Delinquency prevention programs” means programs
601 designed for the purpose of reducing the occurrence of
602 delinquency, including criminal gang activity, and juvenile
603 arrests. The term excludes arbitration, diversionary or
604 mediation programs, and community service work or other
605 treatment available subsequent to a child committing a
606 delinquent act.
607 (16) “Department” means the Department of Juvenile Justice.
608 (17) “Designated facility” or “designated treatment
609 facility” means any facility designated by the department to
610 provide treatment to juvenile offenders.
611 (18) “Detention care” means the temporary care of a child
612 in secure or, nonsecure, or home detention, pending a court
613 adjudication or disposition or execution of a court order. There
614 are two three types of detention care, as follows:
615 (a) “Secure detention” means temporary custody of the child
616 while the child is under the physical restriction of a secure
617 detention center or facility pending adjudication, disposition,
618 or placement.
619 (b) “Nonsecure detention” means temporary custody of the
620 child while the child is in a residential home in the community
621 in a physically nonrestrictive environment under the supervision
622 of the Department of Juvenile Justice pending adjudication,
623 disposition, or placement.
624 (c) “Home detention” means temporary nonsecure detention
625 custody of the child while the child is released to the custody
626 of the parent, guardian, or custodian in a physically
627 nonrestrictive environment under the supervision of the
628 department staff pending adjudication, disposition, or
629 placement. Forms of nonsecure detention include, but are not
630 limited to, home detention, electronic monitoring, day-reporting
631 centers, evening-reporting centers, and nonsecure shelters.
632 Nonsecure detention may include other requirements imposed by
633 the court.
634 (19) “Detention center or facility” means a facility used
635 pending court adjudication or disposition or execution of court
636 order for the temporary care of a child alleged or found to have
637 committed a violation of law. A detention center or facility
638 provides may provide secure or nonsecure custody. A facility
639 used for the commitment of adjudicated delinquents is shall not
640 be considered a detention center or facility.
641 (20) “Detention hearing” means a hearing for the court to
642 determine if a child should be placed in temporary custody, as
643 provided for under part V in delinquency cases.
644 (21) “Disposition hearing” means a hearing in which the
645 court determines the most appropriate dispositional services in
646 the least restrictive available setting provided for under part
647 VII, in delinquency cases.
648 (22) “Family” means a collective of persons, consisting of
649 a child and a parent, guardian, adult custodian, or adult
650 relative, in which:
651 (a) The persons reside in the same house or living unit; or
652 (b) The parent, guardian, adult custodian, or adult
653 relative has a legal responsibility by blood, marriage, or court
654 order to support or care for the child.
655 (23) “Family in need of services” has the same meaning as
656 provided in s. 943.03 means a family that has a child for whom
657 there is no pending investigation into an allegation of abuse,
658 neglect, or abandonment or no current supervision by the
659 department or the Department of Children and Family Services for
660 an adjudication of dependency or delinquency. The child must
661 also have been referred to a law enforcement agency or the
662 department for:
663 (a) Running away from parents or legal custodians;
664 (b) Persistently disobeying reasonable and lawful demands
665 of parents or legal custodians, and being beyond their control;
666 or
667 (c) Habitual truancy from school.
668 (24) “Foster care” means care provided a child in a foster
669 family or boarding home, group home, agency boarding home, child
670 care institution, or any combination thereof.
671 (25) “Habitually truant” means that:
672 (a) The child has 15 unexcused absences within 90 calendar
673 days with or without the knowledge or justifiable consent of the
674 child’s parent or legal guardian, is subject to compulsory
675 school attendance under s. 1003.21(1) and (2)(a), and is not
676 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
677 specified by law or the rules of the State Board of Education.
678 (b) Escalating activities to determine the cause, and to
679 attempt the remediation, of the child’s truant behavior under
680 ss. 1003.26 and 1003.27 have been completed.
681
682 If a child who is subject to compulsory school attendance is
683 responsive to the interventions described in ss. 1003.26 and
684 1003.27 and has completed the necessary requirements to pass the
685 current grade as indicated in the district pupil progression
686 plan, the child shall not be determined to be habitually truant
687 and shall be passed. If a child within the compulsory school
688 attendance age has 15 unexcused absences within 90 calendar days
689 or fails to enroll in school, the state attorney may file a
690 child-in-need-of-services petition. Before filing a petition,
691 the child must be referred to the appropriate agency for
692 evaluation. After consulting with the evaluating agency, the
693 state attorney may elect to file a child-in-need-of-services
694 petition.
695 (c) A school representative, designated according to school
696 board policy, and a juvenile probation officer of the department
697 have jointly investigated the truancy problem or, if that was
698 not feasible, have performed separate investigations to identify
699 conditions that could be contributing to the truant behavior;
700 and if, after a joint staffing of the case to determine the
701 necessity for services, such services were determined to be
702 needed, the persons who performed the investigations met jointly
703 with the family and child to discuss any referral to appropriate
704 community agencies for economic services, family or individual
705 counseling, or other services required to remedy the conditions
706 that are contributing to the truant behavior.
707 (d) The failure or refusal of the parent or legal guardian
708 or the child to participate, or make a good faith effort to
709 participate, in the activities prescribed to remedy the truant
710 behavior, or the failure or refusal of the child to return to
711 school after participation in activities required by this
712 subsection, or the failure of the child to stop the truant
713 behavior after the school administration and the department have
714 worked with the child as described in s. 1003.27(3) shall be
715 handled as prescribed in s. 1003.27.
716 (26) “Halfway house” means a community-based residential
717 program for 10 or more committed delinquents at the moderate
718 risk commitment level which is operated or contracted by the
719 department.
720 (24)(27) “Intake” means the initial acceptance and
721 screening by the department or juvenile assessment center
722 personnel of a complaint or a law enforcement report or probable
723 cause affidavit of delinquency, family in need of services, or
724 child in need of services to determine the recommendation to be
725 taken in the best interests of the child, the family, and the
726 community. The emphasis of intake is on diversion and the least
727 restrictive available services and. Consequently, intake
728 includes such alternatives such as:
729 (a) The disposition of the complaint, report, or probable
730 cause affidavit without court or public agency action or
731 judicial handling, if when appropriate.
732 (b) The referral of the child to another public or private
733 agency, if when appropriate.
734 (c) The recommendation by the department juvenile probation
735 officer of judicial handling, if when appropriate and warranted.
736 (25)(28) “Judge” means the circuit judge exercising
737 jurisdiction pursuant to this chapter.
738 (26)(29) “Juvenile justice continuum” includes, but is not
739 limited to, delinquency prevention programs and services
740 designed for the purpose of preventing or reducing delinquent
741 acts, including criminal activity by criminal gangs, and
742 juvenile arrests, as well as programs and services targeted at
743 children who have committed delinquent acts, and children who
744 have previously been committed to residential treatment programs
745 for delinquents. The term includes children-in-need-of-services
746 and families-in-need-of-services programs under chapter 984;
747 conditional release; substance abuse and mental health programs;
748 educational and career programs; recreational programs;
749 community services programs; community service work programs;
750 mother-infant programs; and alternative dispute resolution
751 programs serving children at risk of delinquency and their
752 families, whether offered or delivered by state or local
753 governmental entities, public or private for-profit or not-for
754 profit organizations, or religious or charitable organizations.
755 (27)(30) “Juvenile probation officer” means the authorized
756 agent of the department who performs the intake, case
757 management, or supervision functions.
758 (28)(31) “Legal custody or guardian” means a legal status
759 created by court order or letter of guardianship which vests in
760 a custodian of the person or guardian, whether an agency or an
761 individual, the right to have physical custody of the child and
762 the right and duty to protect, train, and discipline the child
763 and to provide him or her with food, shelter, education, and
764 ordinary medical, dental, psychiatric, and psychological care.
765 (29)(32) “Licensed child-caring agency” means a person,
766 society, association, or agency licensed by the Department of
767 Children and Families Family Services to care for, receive, and
768 board children.
769 (30)(33) “Licensed health care professional” means a
770 physician licensed under chapter 458, an osteopathic physician
771 licensed under chapter 459, a nurse licensed under part I of
772 chapter 464, a physician assistant licensed under chapter 458 or
773 chapter 459, or a dentist licensed under chapter 466.
774 (31)(34) “Likely to injure oneself” means that, as
775 evidenced by violent or other actively self-destructive
776 behavior, it is more likely than not that within a 24-hour
777 period the child will attempt to commit suicide or inflict
778 serious bodily harm on himself or herself.
779 (32)(35) “Likely to injure others” means that it is more
780 likely than not that within a 24-hour period the child will
781 inflict serious and unjustified bodily harm on another person.
782 (33)(36) “Mediation” means a process whereby a neutral
783 third person called a mediator acts to encourage and facilitate
784 the resolution of a dispute between two or more parties. It is
785 an informal and nonadversarial process with the objective of
786 helping the disputing parties reach a mutually acceptable and
787 voluntary agreement. In mediation, decisionmaking authority
788 rests with the parties. The role of the mediator includes, but
789 is not limited to, assisting the parties in identifying issues,
790 fostering joint problem solving, and exploring settlement
791 alternatives.
792 (34)(37) “Mother-infant program” means a residential
793 program designed to serve the needs of juvenile mothers or
794 expectant juvenile mothers who are committed as delinquents,
795 which is operated or contracted by the department. A mother
796 infant program facility must be licensed as a child care
797 facility under s. 402.308 and must provide the services and
798 support necessary to enable each juvenile mother committed to
799 the facility to provide for the needs of her infant infants who,
800 upon agreement of the mother, may accompany her in the program.
801 (35)(38) “Necessary medical treatment” means care that
802 which is necessary within a reasonable degree of medical
803 certainty to prevent the deterioration of a child’s condition or
804 to alleviate immediate pain of a child.
805 (36)(39) “Next of kin” means an adult relative of a child
806 who is the child’s brother, sister, grandparent, aunt, uncle, or
807 first cousin.
808 (37)(40) “Ordinary medical care” means medical procedures
809 that are administered or performed on a routine basis and
810 includes, but is include, but are not limited to, inoculations,
811 physical examinations, remedial treatment for minor illnesses
812 and injuries, preventive services, medication management,
813 chronic disease detection and treatment, and other medical
814 procedures that are administered or performed on a routine basis
815 and that do not involve hospitalization, surgery, the use of
816 general anesthesia, or the provision of psychotropic
817 medications.
818 (38)(41) “Parent” means a woman who gives birth to a child
819 and a man whose consent to the adoption of the child would be
820 required under s. 63.062(1). If a child has been legally
821 adopted, the term “parent” means the adoptive mother or father
822 of the child. The term does not include an individual whose
823 parental relationship to a the child has been legally
824 terminated, or an alleged or prospective parent, unless the
825 parental status falls within the terms of either s. 39.503(1) or
826 s. 63.062(1).
827 (39)(42) “Preliminary screening” means the gathering of
828 preliminary information to be used in determining a child’s need
829 for further evaluation or assessment or for referral for other
830 substance abuse services through means such as psychosocial
831 interviews,; urine and breathalyzer screenings,; and reviews of
832 available educational, delinquency, and dependency records of
833 the child.
834 (40) “Prevention” means programs, strategies, initiatives,
835 and networks designed to keep children from making initial or
836 further contact with the juvenile justice system.
837 (43) “Preventive services” means social services and other
838 supportive and rehabilitative services provided to the parent of
839 the child, the legal guardian of the child, or the custodian of
840 the child and to the child for the purpose of averting the
841 removal of the child from the home or disruption of a family
842 which will or could result in the placement of a child in foster
843 care. Social services and other supportive and rehabilitative
844 services shall promote the child’s need for a safe, continuous,
845 stable living environment and shall promote family autonomy and
846 shall strengthen family life as the first priority whenever
847 possible.
848 (41)(44) “Probation” means the legal status of probation
849 created by law and court order in cases involving a child who
850 has been found to have committed a delinquent act. Probation is
851 an individualized program in which the freedom of the child is
852 limited and the child is restricted to noninstitutional quarters
853 or restricted to the child’s home in lieu of commitment to the
854 custody of the department. Youth on probation may be assessed
855 and classified for placement in day-treatment probation programs
856 designed for youth who represent a minimum risk to themselves
857 and public safety and who do not require placement and services
858 in a residential setting.
859 (42)(45) “Relative” means a grandparent, great-grandparent,
860 sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
861 niece, or nephew, whether related by the whole or half blood, by
862 affinity, or by adoption. The term does not include a
863 stepparent.
864 (43)(46) “Restrictiveness level” means the level of
865 programming and security provided by programs that service the
866 supervision, custody, care, and treatment needs of committed
867 children. Sections 985.601(10) and 985.721 apply to children
868 placed in programs at any residential commitment level. The
869 restrictiveness levels of commitment are as follows:
870 (a) Minimum-risk nonresidential.—Programs or program models
871 at this commitment level work with youth who remain in the
872 community and participate at least 5 days per week in a day
873 treatment day treatment program. Youth assessed and classified
874 for programs at this commitment level represent a minimum risk
875 to themselves and public safety and do not require placement and
876 services in residential settings. Youth in this level have full
877 access to, and reside in, the community. Youth who have been
878 found to have committed delinquent acts that involve firearms,
879 that are sexual offenses, or that would be life felonies or
880 first-degree first degree felonies if committed by an adult may
881 not be committed to a program at this level.
882 (b) Low-risk residential.—Programs or program models at
883 this commitment level are residential but may allow youth to
884 have unsupervised access to the community. Residential
885 facilities shall have no more than 165 beds each, including
886 campus-style programs, unless those campus-style programs
887 include more than one level of restrictiveness, provide
888 multilevel education and treatment programs using different
889 treatment protocols, and have facilities that coexist separately
890 in distinct locations on the same property. Youth assessed and
891 classified for placement in programs at this commitment level
892 represent a low risk to themselves and public safety but do
893 require placement and services in residential settings. Children
894 who have been found to have committed delinquent acts that
895 involve firearms, delinquent acts that are sexual offenses, or
896 delinquent acts that would be life felonies or first degree
897 felonies if committed by an adult shall not be committed to a
898 program at this level.
899 (b)(c) Nonsecure Moderate-risk residential.—Programs or
900 program models at this commitment level are residential but may
901 allow youth to have supervised access to the community.
902 Facilities at this commitment level are either environmentally
903 secure or, staff secure, or are hardware secure hardware-secure
904 with walls, fencing, or locking doors. Residential facilities at
905 this commitment level may shall have up to 90 no more than 165
906 beds each, including campus-style programs, unless those campus
907 style programs include more than one level of restrictiveness,
908 provide multilevel education and treatment program programs
909 using different treatment protocols, and have facilities that
910 coexist separately in distinct locations on the same property.
911 Facilities at this commitment level shall provide 24-hour awake
912 supervision, custody, care, and treatment of residents. Youth
913 assessed and classified for placement in programs at this
914 commitment level represent a low or moderate risk to public
915 safety and require close supervision. The staff at a facility at
916 this commitment level may seclude a child who is a physical
917 threat to himself, or herself, or others. Mechanical restraint
918 may also be used when necessary.
919 (c)(d) High-risk residential.—Programs or program models at
920 this commitment level are residential and do not allow youth to
921 have access to the community, except that temporary release
922 providing community access for up to 72 continuous hours may be
923 approved by a court for a youth who has made successful progress
924 in his or her program so that in order for the youth may respond
925 to attend a family emergency or, during the final 60 days of his
926 or her placement, to visit his or her home, enroll in school or
927 a career and technical education vocational program, complete a
928 job interview, or participate in a community service project.
929 High-risk residential facilities are hardware secure hardware
930 secure with perimeter fencing and locking doors. Residential
931 facilities at this commitment level may shall have up to 90 no
932 more than 165 beds each, including campus-style programs, unless
933 those campus-style programs include more than one level of
934 restrictiveness, provide multilevel education and treatment
935 program programs using different treatment protocols, and have
936 facilities that coexist separately in distinct locations on the
937 same property. Facilities at this commitment level shall provide
938 24-hour awake supervision, custody, care, and treatment of
939 residents. Youth assessed and classified for this level of
940 placement require close supervision in a structured residential
941 setting. Placement in programs at this level is prompted by a
942 concern for public safety which that outweighs placement in
943 programs at lower commitment levels. The staff at a facility at
944 this commitment level may seclude a child who is a physical
945 threat to himself, or herself, or others. Mechanical restraint
946 may also be used when necessary. The facility may provide for
947 single cell occupancy, except that youth may be housed together
948 during prerelease transition.
949 (d)(e) Maximum-risk residential.—Programs or program models
950 at this commitment level include juvenile correctional
951 facilities and juvenile prisons. The programs at this commitment
952 level are long-term residential and do not allow youth to have
953 access to the community. Facilities at this commitment level are
954 maximum-custody and hardware secure, hardware-secure with
955 perimeter security fencing and locking doors. Residential
956 facilities at this commitment level may shall have up to 90 no
957 more than 165 beds each, including campus-style programs, unless
958 those campus-style programs include more than one level of
959 restrictiveness, provide multilevel education and treatment
960 program programs using different treatment protocols, and have
961 facilities that coexist separately in distinct locations on the
962 same property. Facilities at this commitment level shall provide
963 24-hour awake supervision, custody, care, and treatment of
964 residents. The staff at a facility at this commitment level may
965 seclude a child who is a physical threat to himself, or herself,
966 or others. Mechanical restraint may also be used when necessary.
967 Facilities at this commitment level The facility shall provide
968 for single cell occupancy, except that youth may be housed
969 together during prerelease transition. Youth assessed and
970 classified for this level of placement require close supervision
971 in a maximum security residential setting. Placement in a
972 program at this level is prompted by a demonstrated need to
973 protect the public.
974 (44)(47) “Respite” means a placement that is available for
975 the care, custody, and placement of a youth charged with
976 domestic violence as an alternative to secure detention or for
977 placement of a youth when a shelter bed for a child in need of
978 services or a family in need of services is unavailable.
979 (45)(48) “Secure detention center or facility” means a
980 physically restricting facility for the temporary care of
981 children, pending adjudication, disposition, or placement.
982 (46)(49) “Shelter” means a place for the temporary care of
983 a child who is alleged to be or who has been found to be
984 delinquent.
985 (50) “Shelter hearing” means a hearing provided for under
986 s. 984.14 in family-in-need-of-services cases or child-in-need
987 of-services cases.
988 (51) “Staff-secure shelter” means a facility in which a
989 child is supervised 24 hours a day by staff members who are
990 awake while on duty. The facility is for the temporary care and
991 assessment of a child who has been found to be dependent, who
992 has violated a court order and been found in contempt of court,
993 or whom the Department of Children and Family Services is unable
994 to properly assess or place for assistance within the continuum
995 of services provided for dependent children.
996 (47)(52) “Substance abuse” means using, without medical
997 reason, any psychoactive or mood-altering drug, including
998 alcohol, in such a manner as to induce impairment resulting in
999 dysfunctional social behavior.
1000 (48)(53) “Taken into custody” means the status of a child
1001 immediately when temporary physical control over the child is
1002 attained by a person authorized by law, pending the child’s
1003 release, detention, placement, or other disposition as
1004 authorized by law.
1005 (49)(54) “Temporary legal custody” means the relationship
1006 that a juvenile court creates between a child and an adult
1007 relative of the child, adult nonrelative approved by the court,
1008 or other person until a more permanent arrangement is ordered.
1009 Temporary legal custody confers upon the custodian the right to
1010 have temporary physical custody of the child and the right and
1011 duty to protect, train, and discipline the child and to provide
1012 the child with food, shelter, and education, and ordinary
1013 medical, dental, psychiatric, and psychological care, unless
1014 these rights and duties are otherwise enlarged or limited by the
1015 court order establishing the temporary legal custody
1016 relationship.
1017 (50)(55) “Temporary release” means the terms and conditions
1018 under which a child is temporarily released from a residential
1019 commitment facility or allowed home visits. If the temporary
1020 release is from a nonsecure moderate-risk residential facility,
1021 a high-risk residential facility, or a maximum-risk residential
1022 facility, the terms and conditions of the temporary release must
1023 be approved by the child, the court, and the facility. The term
1024 includes periods during which the child is supervised pursuant
1025 to a conditional release program or a period during which the
1026 child is supervised by a juvenile probation officer or other
1027 nonresidential staff of the department or staff employed by an
1028 entity under contract with the department.
1029 (51)(56) “Transition-to-adulthood services” means services
1030 that are provided for youth in the custody of the department or
1031 under the supervision of the department and that have the
1032 objective of instilling the knowledge, skills, and aptitudes
1033 essential to a socially integrated, self-supporting adult life.
1034 The services may include, but are not limited to:
1035 (a) Assessment of the youth’s ability and readiness for
1036 adult life.
1037 (b) A plan for the youth to acquire the knowledge,
1038 information, and counseling necessary to make a successful
1039 transition to adulthood.
1040 (c) Services that have proven effective toward achieving
1041 the transition to adulthood.
1042 (52) “Trauma-informed care” means the provision of services
1043 to children with a history of trauma in a manner that recognizes
1044 the symptoms and acknowledges the role the trauma has played in
1045 the child’s life. Trauma may include, but is not limited to,
1046 community and school violence, physical or sexual abuse,
1047 neglect, medical difficulties, and domestic violence.
1048 (53)(57) “Violation of law” or “delinquent act” means a
1049 violation of any law of this state, the United States, or any
1050 other state which is a misdemeanor or a felony or a violation of
1051 a county or municipal ordinance which would be punishable by
1052 incarceration if the violation were committed by an adult.
1053 (54)(58) “Waiver hearing” means a hearing provided for
1054 under s. 985.556(4).
1055 Section 4. Subsections (4) and (5) of section 985.0301,
1056 Florida Statutes, are amended to read:
1057 985.0301 Jurisdiction.—
1058 (4)(a) Petitions alleging delinquency shall be filed in the
1059 county where the delinquent act or violation of law occurred.,
1060 but The circuit court for that county may transfer the case to
1061 the circuit court of the circuit in which the child resides or
1062 will reside at the time of detention or placement for
1063 dispositional purposes. A child who has been detained may shall
1064 be transferred to the appropriate detention center or facility
1065 in the circuit in which the child resides or will reside at the
1066 time of detention or other placement directed by the receiving
1067 court.
1068 (b) The jurisdiction to be exercised by the court when a
1069 child is taken into custody before the filing of a petition
1070 under subsection (2) shall be exercised by the circuit court for
1071 the county in which the child is taken into custody, and such
1072 court has which court shall have personal jurisdiction of the
1073 child and the child’s parent or legal guardian. If the child has
1074 been detained, upon the filing of a petition in the appropriate
1075 circuit court, the court that is exercising initial personal
1076 jurisdiction of the person of the child shall, if the child has
1077 been detained, immediately order the child to be transferred to
1078 the detention center or facility or other placement as ordered
1079 by the court having subject matter jurisdiction of the case.
1080 (5)(a) Notwithstanding s. 743.07, ss. 743.07, 985.43,
1081 985.433, 985.435, 985.439, and 985.441, and except as provided
1082 in paragraphs (b) and (c) ss. 985.461 and 985.465 and paragraph
1083 (f), when the jurisdiction of a any child who is alleged to have
1084 committed a delinquent act or violation of law is obtained, the
1085 court retains shall retain jurisdiction to dispose the case,
1086 unless relinquished by its order, until the child reaches 19
1087 years of age, with the same power over the child which the court
1088 had before the child became an adult. For the purposes of s.
1089 985.461, the court may retain jurisdiction for an additional 365
1090 days following the child’s 19th birthday if the child is
1091 participating in transition-to-adulthood services. The
1092 additional services do not extend involuntary court-sanctioned
1093 residential commitment and therefore require voluntary
1094 participation by the affected youth.
1095 (b) Unless relinquished by its own order, the court retains
1096 jurisdiction over a child on probation until the child reaches
1097 19 years of age Notwithstanding ss. 743.07 and 985.455(3), the
1098 term of any order placing a child in a probation program must be
1099 until the child’s 19th birthday unless he or she is released by
1100 the court on the motion of an interested party or on his or her
1101 own motion.
1102 (c) Unless relinquished by its own order, the court retains
1103 jurisdiction over a child committed to the department until the
1104 child reaches 21 years of age, specifically for the purpose of
1105 allowing the child to complete the department’s commitment
1106 program, including conditional release supervision.
1107 (d) The court retains jurisdiction over a juvenile sex
1108 offender as defined in s. 985.475 who has been placed in a
1109 community-based treatment alternative program with supervision
1110 or in a program or facility for juvenile sex offenders pursuant
1111 to s. 985.48 until the juvenile sex offender reaches 21 years of
1112 age, specifically for the purpose of completing the program.
1113 (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
1114 the commitment must be until the child is discharged by the
1115 department or until he or she reaches the age of 21 years.
1116 Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
1117 985.455, and 985.513, and except as provided in this section, a
1118 child may not be held under a commitment from a court under s.
1119 985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
1120 21 years of age.
1121 (d) The court may retain jurisdiction over a child
1122 committed to the department for placement in a juvenile prison
1123 or in a high-risk or maximum-risk residential commitment program
1124 to allow the child to participate in a juvenile conditional
1125 release program pursuant to s. 985.46. The jurisdiction of the
1126 court may not be retained after the child’s 22nd birthday.
1127 However, if the child is not successful in the conditional
1128 release program, the department may use the transfer procedure
1129 under s. 985.441(4).
1130 (e) The court may retain jurisdiction over a child
1131 committed to the department for placement in an intensive
1132 residential treatment program for 10-year-old to 13-year-old
1133 offenders, in the residential commitment program in a juvenile
1134 prison or in a residential sex offender program until the child
1135 reaches the age of 21. If the court exercises this jurisdiction
1136 retention, it shall do so solely for the purpose of the child
1137 completing the intensive residential treatment program for 10
1138 year-old to 13-year-old offenders, in the residential commitment
1139 program in a juvenile prison, or in a residential sex offender
1140 program. Such jurisdiction retention does not apply for other
1141 programs, other purposes, or new offenses.
1142 (f) The court may retain jurisdiction over a child
1143 committed to a juvenile correctional facility or a juvenile
1144 prison until the child reaches the age of 21 years, specifically
1145 for the purpose of allowing the child to complete such program.
1146 (g) The court may retain jurisdiction over a juvenile
1147 sexual offender who has been placed in a program or facility for
1148 juvenile sexual offenders until the juvenile sexual offender
1149 reaches the age of 21, specifically for the purpose of
1150 completing the program.
1151 (e)(h) The court may retain jurisdiction over a child and
1152 the child’s parent or legal guardian whom the court has ordered
1153 to pay restitution until the restitution order is satisfied. To
1154 retain jurisdiction, the court shall enter a restitution order,
1155 which is separate from any disposition or order of commitment,
1156 on or before prior to the date that the court’s jurisdiction
1157 would cease under this section. The contents of the restitution
1158 order are shall be limited to the child’s name and address, the
1159 name and address of the parent or legal guardian, the name and
1160 address of the payee, the case number, the date and amount of
1161 restitution ordered, any amount of restitution paid, the amount
1162 of restitution due and owing, and a notation that costs,
1163 interest, penalties, and attorney fees may also be due and
1164 owing. The terms of the restitution order are subject to s.
1165 775.089(5).
1166 (f)(i) This subsection does not prevent the exercise of
1167 jurisdiction by any court having jurisdiction of the child if
1168 the child, after becoming an adult, commits a violation of law.
1169 Section 5. Subsections (2) and (4) of section 985.037,
1170 Florida Statutes, are amended to read:
1171 985.037 Punishment for contempt of court; alternative
1172 sanctions.—
1173 (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
1174 be placed in a secure detention facility for purposes of
1175 punishment for contempt of court if alternative sanctions are
1176 unavailable or inappropriate, or if the child has already been
1177 ordered to serve an alternative sanction but failed to comply
1178 with the sanction. A delinquent child who has been held in
1179 direct or indirect contempt may be placed in a secure detention
1180 facility for up to not to exceed 5 days for a first offense and
1181 up to not to exceed 15 days for a second or subsequent offense.
1182 (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
1183 PROCESS.—
1184 (a) If a child is charged with direct contempt of court,
1185 including traffic court, the court may impose an authorized
1186 sanction immediately. The court must hold a hearing to determine
1187 if the child committed direct contempt. Due process must be
1188 afforded to the child during such hearing.
1189 (b) If a child is charged with indirect contempt of court,
1190 the court must hold a hearing within 24 hours to determine
1191 whether the child committed indirect contempt of a valid court
1192 order. At the hearing, the following due process rights must be
1193 provided to the child:
1194 1. Right to a copy of the order to show cause alleging
1195 facts supporting the contempt charge.
1196 2. Right to an explanation of the nature and the
1197 consequences of the proceedings.
1198 3. Right to legal counsel and the right to have legal
1199 counsel appointed by the court if the juvenile is indigent,
1200 under s. 985.033.
1201 4. Right to confront witnesses.
1202 5. Right to present witnesses.
1203 6. Right to have a transcript or record of the proceeding.
1204 7. Right to appeal to an appropriate court.
1205
1206 The child’s parent or guardian may address the court regarding
1207 the due process rights of the child. Upon motion by the defense
1208 or state attorney, the court shall review the placement of the
1209 child every 72 hours to determine whether it is appropriate for
1210 the child to remain in the facility.
1211 (c) The court may not order that a child be placed in a
1212 secure detention facility as for punishment for contempt unless
1213 the court determines that an alternative sanction is
1214 inappropriate or unavailable or that the child was initially
1215 ordered to an alternative sanction and did not comply with the
1216 alternative sanction. The court is encouraged to order a child
1217 to perform community service, up to the maximum number of hours,
1218 if where appropriate before ordering that the child be placed in
1219 a secure detention facility as punishment for contempt of court.
1220 (d) In addition to any other sanction imposed under this
1221 section, the court may direct the Department of Highway Safety
1222 and Motor Vehicles to withhold issuance of, or suspend, a
1223 child’s driver driver’s license or driving privilege. The court
1224 may order that a child’s driver driver’s license or driving
1225 privilege be withheld or suspended for up to 1 year for a first
1226 offense of contempt and up to 2 years for a second or subsequent
1227 offense. If the child’s driver driver’s license or driving
1228 privilege is suspended or revoked for any reason at the time the
1229 sanction for contempt is imposed, the court shall extend the
1230 period of suspension or revocation by the additional period
1231 ordered under this paragraph. If the child’s driver driver’s
1232 license is being withheld at the time the sanction for contempt
1233 is imposed, the period of suspension or revocation ordered under
1234 this paragraph shall begin on the date on which the child is
1235 otherwise eligible to drive.
1236 Section 6. Section 985.105, Florida Statutes, is repealed.
1237 Section 7. Subsection (1) of section 985.11, Florida
1238 Statutes, is amended to read:
1239 985.11 Fingerprinting and photographing.—
1240 (1)(a) A child who is charged with or found to have
1241 committed an offense that would be a felony if committed by an
1242 adult shall be fingerprinted, and the fingerprints shall must be
1243 submitted to the Department of Law Enforcement as provided in s.
1244 943.051(3)(a).
1245 (b) Unless the child is issued a civil citation or
1246 participating in a similar diversion program pursuant to s.
1247 985.12, a child who is charged with or found to have committed
1248 one of the following offenses shall be fingerprinted, and the
1249 fingerprints shall be submitted to the Department of Law
1250 Enforcement as provided in s. 943.051(3)(b):
1251 1. Assault, as defined in s. 784.011.
1252 2. Battery, as defined in s. 784.03.
1253 3. Carrying a concealed weapon, as defined in s. 790.01(1).
1254 4. Unlawful use of destructive devices or bombs, as defined
1255 in s. 790.1615(1).
1256 5. Neglect of a child, as defined in s. 827.03(1)(e).
1257 6. Assault on a law enforcement officer, a firefighter, or
1258 other specified officers, as defined in s. 784.07(2)(a).
1259 7. Open carrying of a weapon, as defined in s. 790.053.
1260 8. Exposure of sexual organs, as defined in s. 800.03.
1261 9. Unlawful possession of a firearm, as defined in s.
1262 790.22(5).
1263 10. Petit theft, as defined in s. 812.014.
1264 11. Cruelty to animals, as defined in s. 828.12(1).
1265 12. Arson, resulting in bodily harm to a firefighter, as
1266 defined in s. 806.031(1).
1267 13. Unlawful possession or discharge of a weapon or firearm
1268 at a school-sponsored event or on school property as defined in
1269 s. 790.115.
1270
1271 A law enforcement agency may fingerprint and photograph a child
1272 taken into custody upon probable cause that such child has
1273 committed any other violation of law, as the agency deems
1274 appropriate. Such fingerprint records and photographs shall be
1275 retained by the law enforcement agency in a separate file, and
1276 these records and all copies thereof must be marked “Juvenile
1277 Confidential.” These records are not available for public
1278 disclosure and inspection under s. 119.07(1) except as provided
1279 in ss. 943.053 and 985.04(2), but are shall be available to
1280 other law enforcement agencies, criminal justice agencies, state
1281 attorneys, the courts, the child, the parents or legal
1282 custodians of the child, their attorneys, and any other person
1283 authorized by the court to have access to such records. In
1284 addition, such records may be submitted to the Department of Law
1285 Enforcement for inclusion in the state criminal history records
1286 and used by criminal justice agencies for criminal justice
1287 purposes. These records may, in the discretion of the court, be
1288 open to inspection by anyone upon a showing of cause. The
1289 fingerprint and photograph records shall be produced in the
1290 court whenever directed by the court. Any photograph taken
1291 pursuant to this section may be shown by a law enforcement
1292 officer to any victim or witness of a crime for the purpose of
1293 identifying the person who committed such crime.
1294 (c) The court is shall be responsible for the
1295 fingerprinting of a any child at the disposition hearing if the
1296 child has been adjudicated or had adjudication withheld for any
1297 felony in the case currently before the court.
1298 Section 8. Subsection (2) of section 985.14, Florida
1299 Statutes, is amended to read:
1300 985.14 Intake and case management system.—
1301 (2) The intake process shall be performed by the department
1302 or juvenile assessment center personnel through a case
1303 management system. The purpose of the intake process is to
1304 assess the child’s needs and risks and to determine the most
1305 appropriate treatment plan and setting for the child’s
1306 programmatic needs and risks. The intake process consists of an
1307 initial assessment and may be followed by a full mental health,
1308 substance abuse, or psychosexual evaluation. The intake process
1309 shall result in choosing the most appropriate services through a
1310 balancing of the interests and needs of the child with those of
1311 the family and the community public. The juvenile probation
1312 officer shall make be responsible for making informed decisions
1313 and recommendations to other agencies, the state attorney, and
1314 the courts so that the child and family may receive the least
1315 intrusive service alternative throughout the judicial process.
1316 The department shall establish uniform procedures through which
1317 for the juvenile probation officer may to provide a preliminary
1318 screening of the child and family for substance abuse and mental
1319 health services before prior to the filing of a petition or as
1320 soon as possible thereafter and before prior to a disposition
1321 hearing.
1322 Section 9. Section 985.145, Florida Statutes, is amended to
1323 read:
1324 985.145 Responsibilities of the department juvenile
1325 probation officer during intake; screenings and assessments.—
1326 (1) The department juvenile probation officer shall serve
1327 as the primary case manager for the purpose of managing,
1328 coordinating, and monitoring the services provided to the child.
1329 Each program administrator within the Department of Children and
1330 Families Family Services shall cooperate with the primary case
1331 manager in carrying out the duties and responsibilities
1332 described in this section. In addition to duties specified in
1333 other sections and through departmental rules, the department
1334 assigned juvenile probation officer shall be responsible for the
1335 following:
1336 (a) Reviewing probable cause affidavit.—The department
1337 juvenile probation officer shall make a preliminary
1338 determination as to whether the report, affidavit, or complaint
1339 is complete, consulting with the state attorney as may be
1340 necessary. A report, affidavit, or complaint alleging that a
1341 child has committed a delinquent act or violation of law shall
1342 be made to the intake office operating in the county in which
1343 the child is found or in which the delinquent act or violation
1344 of law occurred. Any person or agency having knowledge of the
1345 facts may make such a written report, affidavit, or complaint
1346 and shall furnish to the intake office facts sufficient to
1347 establish the jurisdiction of the court and to support a finding
1348 by the court that the child has committed a delinquent act or
1349 violation of law.
1350 (b) Notification concerning apparent insufficiencies in
1351 probable cause affidavit.—In any case where the department
1352 juvenile probation officer or the state attorney finds that the
1353 report, affidavit, or complaint is insufficient by the standards
1354 for a probable cause affidavit, the department juvenile
1355 probation officer or state attorney shall return the report,
1356 affidavit, or complaint, without delay, to the person or agency
1357 originating the report, affidavit, or complaint or having
1358 knowledge of the facts or to the appropriate law enforcement
1359 agency having investigative jurisdiction of the offense, and
1360 shall request, and the person or agency shall promptly furnish,
1361 additional information in order to comply with the standards for
1362 a probable cause affidavit.
1363 (c) Screening.—During the intake process, the department
1364 juvenile probation officer shall screen each child or shall
1365 cause each child to be screened in order to determine:
1366 1. Appropriateness for release; referral to a diversionary
1367 program, including, but not limited to, a teen court program;
1368 referral for community arbitration; or referral to some other
1369 program or agency for the purpose of nonofficial or nonjudicial
1370 handling.
1371 2. The presence of medical, psychiatric, psychological,
1372 substance abuse, educational, or career and technical education
1373 vocational problems, or other conditions that may have caused
1374 the child to come to the attention of law enforcement or the
1375 department. The child shall also be screened to determine
1376 whether the child poses a danger to himself or herself or others
1377 in the community. The results of this screening shall be made
1378 available to the court and to court officers. In cases where
1379 such conditions are identified and a nonjudicial handling of the
1380 case is chosen, the department juvenile probation officer shall
1381 attempt to refer the child to a program or agency, together with
1382 all available and relevant assessment information concerning the
1383 child’s precipitating condition.
1384 (d) Completing risk assessment instrument.—The department
1385 juvenile probation officer shall ensure that a risk assessment
1386 instrument establishing the child’s eligibility for detention
1387 has been accurately completed and that the appropriate
1388 recommendation was made to the court.
1389 (e) Rights.—The department juvenile probation officer shall
1390 inquire as to whether the child understands his or her rights to
1391 counsel and against self-incrimination.
1392 (f) Multidisciplinary assessment.—The department juvenile
1393 probation officer shall coordinate the multidisciplinary
1394 assessment when required, which includes the classification and
1395 placement process that determines the child’s priority needs,
1396 risk classification, and treatment plan. If When sufficient
1397 evidence exists to warrant a comprehensive assessment and the
1398 child fails to voluntarily participate in the assessment
1399 efforts, the department juvenile probation officer shall inform
1400 the court of the need for the assessment and the refusal of the
1401 child to participate in such assessment. This assessment,
1402 classification, and placement process shall develop into the
1403 predisposition report.
1404 (g) Comprehensive assessment.—The juvenile probation
1405 officer, Pursuant to uniform procedures established by the
1406 department and upon determining that the report, affidavit, or
1407 complaint is complete, the department shall:
1408 1. Perform the preliminary screening and make referrals for
1409 a comprehensive assessment regarding the child’s need for
1410 substance abuse treatment services, mental health services,
1411 intellectual disability services, literacy services, or other
1412 educational or treatment services.
1413 2. If indicated by the preliminary screening, provide for a
1414 comprehensive assessment of the child and family for substance
1415 abuse problems, using community-based licensed programs with
1416 clinical expertise and experience in the assessment of substance
1417 abuse problems.
1418 3. If indicated by the preliminary screening, provide for a
1419 comprehensive assessment of the child and family for mental
1420 health problems, using community-based psychologists,
1421 psychiatrists, or other licensed mental health professionals who
1422 have clinical expertise and experience in the assessment of
1423 mental health problems.
1424 (h) Referrals for services.—The department juvenile
1425 probation officer shall make recommendations for services and
1426 facilitate the delivery of those services to the child,
1427 including any mental health services, educational services,
1428 family counseling services, family assistance services, and
1429 substance abuse services.
1430 (i) Recommendation concerning a petition.—Upon determining
1431 that the report, affidavit, or complaint complies with the
1432 standards of a probable cause affidavit and that the interests
1433 of the child and the public will be best served, the department
1434 juvenile probation officer may recommend that a delinquency
1435 petition not be filed. If such a recommendation is made, the
1436 department juvenile probation officer shall advise in writing
1437 the person or agency making the report, affidavit, or complaint,
1438 the victim, if any, and the law enforcement agency having
1439 investigative jurisdiction over the offense of the
1440 recommendation; the reasons therefor; and that the person or
1441 agency may submit, within 10 days after the receipt of such
1442 notice, the report, affidavit, or complaint to the state
1443 attorney for special review. The state attorney, upon receiving
1444 a request for special review, shall consider the facts presented
1445 by the report, affidavit, or complaint, and by the department
1446 juvenile probation officer who made the recommendation that no
1447 petition be filed, before making a final decision as to whether
1448 a petition or information should or should not be filed.
1449 (j) Completing intake report.—Subject to the interagency
1450 agreement authorized under this paragraph, the department the
1451 juvenile probation officer for each case in which a child is
1452 alleged to have committed a violation of law or delinquent act
1453 and is not detained shall submit a written report to the state
1454 attorney for each case in which a child is alleged to have
1455 committed a violation of law or delinquent act and is not
1456 detained. The report shall be submitted within 20 days after the
1457 date the child is taken into custody and must include, including
1458 the original police report, complaint, or affidavit, or a copy
1459 thereof, and including a copy of the child’s prior juvenile
1460 record, within 20 days after the date the child is taken into
1461 custody. In cases in which the child is in detention, the intake
1462 office report must be submitted within 24 hours after the child
1463 is placed into detention. The intake office report may include a
1464 recommendation that a petition or information be filed or that
1465 no petition or information be filed and may set forth reasons
1466 for the recommendation. The state attorney and the department
1467 may, on a district-by-district basis, enter into interagency
1468 agreements denoting the cases that will require a recommendation
1469 and those for which a recommendation is unnecessary.
1470 (2) Before Prior to requesting that a delinquency petition
1471 be filed or before prior to filing a dependency petition, the
1472 department juvenile probation officer may request the parent or
1473 legal guardian of the child to attend a course of instruction in
1474 parenting skills, training in conflict resolution, and the
1475 practice of nonviolence; to accept counseling; or to receive
1476 other assistance from any agency in the community which notifies
1477 the clerk of the court of the availability of its services. If
1478 Where appropriate, the department juvenile probation officer
1479 shall request both parents or guardians to receive such parental
1480 assistance. The department juvenile probation officer may, in
1481 determining whether to request that a delinquency petition be
1482 filed, take into consideration the willingness of the parent or
1483 legal guardian to comply with such request. The parent or
1484 guardian must provide the department juvenile probation officer
1485 with identifying information, including the parent’s or
1486 guardian’s name, address, date of birth, social security number,
1487 and driver driver’s license number or identification card number
1488 in order to comply with s. 985.039.
1489 (3) If When indicated by the comprehensive assessment, the
1490 department is authorized to contract within appropriated funds
1491 for services with a local nonprofit community mental health or
1492 substance abuse agency licensed or authorized under chapter 394
1493 or chapter 397 or other authorized nonprofit social service
1494 agency providing related services. The determination of mental
1495 health or substance abuse services shall be conducted in
1496 coordination with existing programs providing mental health or
1497 substance abuse services in conjunction with the intake office.
1498 (4) Client information resulting from the screening and
1499 evaluation shall be documented under rules of the department and
1500 shall serve to assist the department juvenile probation officer
1501 in providing the most appropriate services and recommendations
1502 in the least intrusive manner. Such client information shall be
1503 used in the multidisciplinary assessment and classification of
1504 the child, but such information, and any information obtained
1505 directly or indirectly through the assessment process, is
1506 inadmissible in court before prior to the disposition hearing,
1507 unless the child’s written consent is obtained. At the
1508 disposition hearing, documented client information shall serve
1509 to assist the court in making the most appropriate custody,
1510 adjudicatory, and dispositional decision.
1511 (5) If the screening and assessment indicate that the
1512 interests of the child and the public will be best served, the
1513 department juvenile probation officer, with the approval of the
1514 state attorney, may refer the child for care, diagnostic, and
1515 evaluation services; substance abuse treatment services; mental
1516 health services; intellectual disability services; a
1517 diversionary, arbitration, or mediation program; community
1518 service work; or other programs or treatment services
1519 voluntarily accepted by the child and the child’s parents or
1520 legal guardian. If a child volunteers to participate in any work
1521 program under this chapter or volunteers to work in a specified
1522 state, county, municipal, or community service organization
1523 supervised work program or to work for the victim, the child is
1524 considered an employee of the state for the purposes of
1525 liability. In determining the child’s average weekly wage,
1526 unless otherwise determined by a specific funding program, all
1527 remuneration received from the employer is considered a
1528 gratuity, and the child is not entitled to any benefits
1529 otherwise payable under s. 440.15 regardless of whether the
1530 child may be receiving wages and remuneration from other
1531 employment with another employer and regardless of the child’s
1532 future wage-earning capacity.
1533 (6) The victim, if any, and the law enforcement agency that
1534 investigated the offense shall be notified immediately by the
1535 state attorney of the action taken under subsection (5).
1536 Section 10. Section 985.17, Florida Statutes, is created to
1537 read:
1538 985.17 Prevention services.—
1539 (1) Prevention services decrease recidivism by addressing
1540 the needs of at-risk youth and their families, preventing
1541 further involvement in the juvenile justice system, protecting
1542 public safety, and facilitating successful reentry into the
1543 community. To assist in decreasing recidivism, the department’s
1544 prevention services should strengthen protective factors, reduce
1545 risk factors, and use tested and effective approaches.
1546 (2) A primary focus of the department’s prevention services
1547 is to develop capacity for local communities to serve their
1548 youth.
1549 (a) The department shall engage faith-based and community
1550 based organizations to provide a full range of voluntary
1551 programs and services to prevent and reduce juvenile
1552 delinquency, including, but not limited to, chaplaincy services,
1553 crisis intervention counseling, mentoring, and tutoring.
1554 (b) The department shall establish volunteer coordinators
1555 in each circuit and encourage the recruitment of volunteers to
1556 serve as mentors for youth in department services.
1557 (c) The department shall promote the Invest In Children
1558 license plate developed pursuant to s. 320.08058(11) to help
1559 fund programs and services to prevent juvenile delinquency. The
1560 department shall allocate moneys for programs and services
1561 within each county based on that county’s proportionate share of
1562 the license plate annual use fee collected by the county
1563 pursuant to s. 320.08058(11).
1564 (3) The department’s prevention services for youth at risk
1565 of becoming delinquent should focus on preventing initial or
1566 further involvement in the juvenile justice system by including
1567 services such as literacy services, gender-specific programming,
1568 and recreational and after-school services and should include
1569 targeted services to troubled, truant, ungovernable, abused,
1570 trafficked, or runaway youth. To decrease the likelihood that a
1571 youth will commit a delinquent act, the department may provide
1572 specialized services addressing the strengthening of families,
1573 job training, and substance abuse.
1574 (4) In an effort to decrease the prevalence of
1575 disproportionate minority representation in the juvenile justice
1576 system, the department’s prevention services should address the
1577 multiple needs of minority youth at risk of becoming delinquent.
1578 (5) The department shall expend funds related to prevention
1579 services in a manner consistent with the policies expressed in
1580 ss. 984.02 and 985.01. The department shall expend such funds in
1581 a manner that maximizes accountability to the public and ensures
1582 the documentation of outcomes.
1583 (a) As a condition of the receipt of state funds, entities
1584 that receive or use state moneys to fund prevention services
1585 through contracts with the department or grants from any entity
1586 dispersed by the department shall:
1587 1. Design the programs providing such services to further
1588 one or more of the following strategies:
1589 a. Encouraging youth to attend and succeed in school, which
1590 may include special assistance and tutoring to address
1591 deficiencies in academic performance and collecting outcome data
1592 to reveal the number of days youth attended school while
1593 participating in the program.
1594 b. Engaging youth in productive and wholesome activities
1595 during nonschool hours which build positive character, instill
1596 positive values, and enhance educational experiences.
1597 c. Encouraging youth to avoid the use of violence.
1598 d. Assisting youth in acquiring the skills needed to find
1599 meaningful employment, which may include assistance in finding a
1600 suitable employer for the youth.
1601 2. Provide the department with demographic information,
1602 dates of services, and the type of interventions received by
1603 each youth.
1604 (b) The department shall monitor output and outcome
1605 measures for each program strategy in paragraph (a) and include
1606 them in the annual Comprehensive Accountability Report published
1607 pursuant to s. 985.632.
1608 (c) The department shall monitor all programs that receive
1609 or use state moneys to fund juvenile delinquency prevention
1610 services through contracts or grants with the department for
1611 compliance with all provisions in the contracts or grants.
1612 Section 11. Section 985.24, Florida Statutes, is amended to
1613 read:
1614 985.24 Use of detention; prohibitions.—
1615 (1) All determinations and court orders regarding the use
1616 of secure, nonsecure, or home detention care must shall be based
1617 primarily upon findings that the child:
1618 (a) Presents a substantial risk of not appearing at a
1619 subsequent hearing;
1620 (b) Presents a substantial risk of inflicting bodily harm
1621 on others as evidenced by recent behavior, including the illegal
1622 possession of a firearm;
1623 (c) Presents a history of committing a property offense
1624 before prior to adjudication, disposition, or placement;
1625 (d) Has committed contempt of court by:
1626 1. Intentionally disrupting the administration of the
1627 court;
1628 2. Intentionally disobeying a court order; or
1629 3. Engaging in a punishable act or speech in the court’s
1630 presence which shows disrespect for the authority and dignity of
1631 the court; or
1632 (e) Requests protection from imminent bodily harm.
1633 (2) A child alleged to have committed a delinquent act or
1634 violation of law may not be placed into secure or, nonsecure, or
1635 home detention care for any of the following reasons:
1636 (a) To allow a parent to avoid his or her legal
1637 responsibility.
1638 (b) To permit more convenient administrative access to the
1639 child.
1640 (c) To facilitate further interrogation or investigation.
1641 (d) Due to a lack of more appropriate facilities.
1642 (3) A child alleged to be dependent under chapter 39 may
1643 not, under any circumstances, be placed into secure detention
1644 care.
1645 (4) The department may develop nonsecure, nonresidential
1646 evening-reporting centers as an alternative to placing a child
1647 in secure detention to serve children and families while
1648 awaiting court hearings. Evening-reporting centers may be
1649 collocated with the juvenile assessment center. At a minimum,
1650 evening-reporting centers shall be operated during the afternoon
1651 and evening hours and provide a highly structured program of
1652 supervision. Evening-reporting centers may also provide academic
1653 tutoring, counseling, family engagement programs, and other
1654 activities.
1655 (5)(4) The department shall continue to identify
1656 alternatives to secure detention care and shall develop such
1657 alternatives and annually submit them to the Legislature for
1658 authorization and appropriation.
1659 Section 12. Paragraph (b) of subsection (2) and subsection
1660 (4) of section 985.245, Florida Statutes, are amended to read:
1661 985.245 Risk assessment instrument.—
1662 (2)
1663 (b) The risk assessment instrument, at a minimum, shall
1664 consider take into consideration, but need not be limited to,
1665 prior history of failure to appear, prior offenses, offenses
1666 committed pending adjudication, any unlawful possession of a
1667 firearm, theft of a motor vehicle or possession of a stolen
1668 motor vehicle, and probation status at the time the child is
1669 taken into custody. The risk assessment instrument shall also
1670 consider take into consideration appropriate aggravating and
1671 mitigating circumstances, and shall be designed to target a
1672 narrower population of children than s. 985.255, and. The risk
1673 assessment instrument shall also include any information
1674 concerning the child’s history of abuse and neglect. The risk
1675 assessment shall indicate whether detention care is warranted,
1676 and, if detention care is warranted, whether the child should be
1677 placed into secure or, nonsecure, or home detention care.
1678 (4) If For a child who is under the supervision of the
1679 department through probation, home detention, nonsecure
1680 detention, conditional release, postcommitment probation, or
1681 commitment and who is charged with committing a new offense, the
1682 risk assessment instrument may be completed and scored based on
1683 the underlying charge for which the child was placed under the
1684 supervision of the department and the new offense.
1685 Section 13. Subsection (1) of section 985.25, Florida
1686 Statutes, is amended to read:
1687 985.25 Detention intake.—
1688 (1) The department juvenile probation officer shall receive
1689 custody of a child who has been taken into custody from the law
1690 enforcement agency or court and shall review the facts in the
1691 law enforcement report or probable cause affidavit and make such
1692 further inquiry as may be necessary to determine whether
1693 detention care is appropriate required.
1694 (a) During the period of time from the taking of the child
1695 into custody to the date of the detention hearing, the initial
1696 decision as to the child’s placement into secure detention care
1697 or, nonsecure detention care, or home detention care shall be
1698 made by the department juvenile probation officer under ss.
1699 985.24 and 985.245(1).
1700 (b) The department juvenile probation officer shall base
1701 its the decision as to whether or not to place the child into
1702 secure detention care, home detention care, or nonsecure
1703 detention care on an assessment of risk in accordance with the
1704 risk assessment instrument and procedures developed by the
1705 department under s. 985.245. However, a child charged with
1706 possessing or discharging a firearm on school property in
1707 violation of s. 790.115 shall be placed in secure detention
1708 care. A child who has been taken into custody on three or more
1709 separate occasions within a 60-day period shall be placed in
1710 secure detention care until the child’s detention hearing.
1711 (c) If the child’s final score on the risk assessment
1712 instrument indicates that juvenile probation officer determines
1713 that a child who is eligible for detention care is appropriate,
1714 but the department otherwise determines he or she based upon the
1715 results of the risk assessment instrument should be released,
1716 the department juvenile probation officer shall contact the
1717 state attorney, who may authorize release.
1718 (d) If the child’s final score on the risk assessment
1719 instrument indicates that detention is not appropriate
1720 authorized, the child may be released by the department juvenile
1721 probation officer in accordance with ss. 985.115 and 985.13.
1722
1723 Under no circumstances shall The department, juvenile probation
1724 officer or the state attorney, or a law enforcement officer may
1725 not authorize the detention of any child in a jail or other
1726 facility intended or used for the detention of adults, without
1727 an order of the court.
1728 Section 14. Section 985.255, Florida Statutes, is amended
1729 to read:
1730 985.255 Detention criteria; detention hearing.—
1731 (1) Subject to s. 985.25(1), a child taken into custody and
1732 placed into nonsecure or secure home detention care shall be
1733 given a hearing within 24 hours after being taken into custody.
1734 At the hearing, the court may order continued detention or
1735 detained in secure detention care prior to a detention hearing
1736 may continue to be detained by the court if:
1737 (a) The child is alleged to be an escapee from a
1738 residential commitment program; or an absconder from a
1739 nonresidential commitment program, a probation program, or
1740 conditional release supervision; or is alleged to have escaped
1741 while being lawfully transported to or from a residential
1742 commitment program.
1743 (b) The child is wanted in another jurisdiction for an
1744 offense that which, if committed by an adult, would be a felony.
1745 (c) The child is charged with a delinquent act or violation
1746 of law and requests in writing through legal counsel to be
1747 detained for protection from an imminent physical threat to his
1748 or her personal safety.
1749 (d) The child is charged with committing an offense of
1750 domestic violence as defined in s. 741.28 and is detained as
1751 provided in subsection (2).
1752 (e) The child is charged with possession or discharging a
1753 firearm on school property in violation of s. 790.115 or the
1754 illegal possession of a firearm.
1755 (f) The child is charged with a capital felony, a life
1756 felony, a felony of the first degree, a felony of the second
1757 degree which that does not involve a violation of chapter 893,
1758 or a felony of the third degree which that is also a crime of
1759 violence, including any such offense involving the use or
1760 possession of a firearm.
1761 (g) The child is charged with a felony of the any second
1762 degree or a felony of the third degree felony involving a
1763 violation of chapter 893 or a felony of the any third degree
1764 which felony that is not also a crime of violence, and the
1765 child:
1766 1. Has a record of failure to appear at court hearings
1767 after being properly notified in accordance with the Rules of
1768 Juvenile Procedure;
1769 2. Has a record of law violations before prior to court
1770 hearings;
1771 3. Has already been detained or has been released and is
1772 awaiting final disposition of the case;
1773 4. Has a record of violent conduct resulting in physical
1774 injury to others; or
1775 5. Is found to have been in possession of a firearm.
1776 (h) The child is alleged to have violated the conditions of
1777 the child’s probation or conditional release supervision.
1778 However, a child detained under this paragraph may be held only
1779 in a consequence unit as provided in s. 985.439. If a
1780 consequence unit is not available, the child shall be placed on
1781 nonsecure home detention with electronic monitoring.
1782 (i) The child is detained on a judicial order for failure
1783 to appear and has previously willfully failed to appear, after
1784 proper notice:,
1785 1. For an adjudicatory hearing on the same case regardless
1786 of the results of the risk assessment instrument; or
1787 2. At two or more court hearings of any nature on the same
1788 case, regardless of the results of the risk assessment
1789 instrument.
1790
1791 A child may be held in secure detention for up to 72 hours in
1792 advance of the next scheduled court hearing pursuant to this
1793 paragraph. The child’s failure to keep the clerk of court and
1794 defense counsel informed of a current and valid mailing address
1795 where the child will receive notice to appear at court
1796 proceedings does not provide an adequate ground for excusal of
1797 the child’s nonappearance at the hearings.
1798 (j) The child is detained on a judicial order for failure
1799 to appear and has previously willfully failed to appear, after
1800 proper notice, at two or more court hearings of any nature on
1801 the same case regardless of the results of the risk assessment
1802 instrument. A child may be held in secure detention for up to 72
1803 hours in advance of the next scheduled court hearing pursuant to
1804 this paragraph. The child’s failure to keep the clerk of court
1805 and defense counsel informed of a current and valid mailing
1806 address where the child will receive notice to appear at court
1807 proceedings does not provide an adequate ground for excusal of
1808 the child’s nonappearance at the hearings.
1809 (2) A child who is charged with committing an offense of
1810 domestic violence as defined in s. 741.28 and whose risk
1811 assessment indicates secure detention is not appropriate who
1812 does not meet detention criteria may be held in secure detention
1813 if the court makes specific written findings that:
1814 (a) Respite care for the child is not available.
1815 (b) It is necessary to place the child in secure detention
1816 in order to protect the victim from injury.
1817
1818 The child may not be held in secure detention under this
1819 subsection for more than 48 hours unless ordered by the court.
1820 After 48 hours, the court shall hold a hearing if the state
1821 attorney or victim requests that secure detention be continued.
1822 The child may continue to be held in detention care if the court
1823 makes a specific, written finding that respite care is
1824 unavailable and it detention care is necessary to protect the
1825 victim from injury. However, the child may not be held in
1826 detention care beyond the time limits provided set forth in this
1827 section or s. 985.26.
1828 (3)(a) A child who meets any of the criteria in subsection
1829 (1) and who is ordered to be detained under that subsection
1830 shall be given a hearing within 24 hours after being taken into
1831 custody. The purpose of the detention hearing required under
1832 subsection (1) is to determine the existence of probable cause
1833 that the child has committed the delinquent act or violation of
1834 law that he or she is charged with and the need for continued
1835 detention. Unless a child is detained under paragraph (1)(d) or
1836 paragraph (1)(e), the court shall use the results of the risk
1837 assessment performed by the department juvenile probation
1838 officer and, based on the criteria in subsection (1), shall
1839 determine the need for continued detention. A child placed into
1840 secure, nonsecure, or home detention care may continue to be so
1841 detained by the court.
1842 (b) If the court orders a placement more restrictive than
1843 indicated by the results of the risk assessment instrument, the
1844 court shall state, in writing, clear and convincing reasons for
1845 such placement.
1846 (c) Except as provided in s. 790.22(8) or in s. 985.27,
1847 when a child is placed into secure or nonsecure detention care,
1848 or into a respite home or other placement pursuant to a court
1849 order following a hearing, the court order must include specific
1850 instructions that direct the release of the child from such
1851 placement by no later than 5 p.m. on the last day of the
1852 detention period specified in s. 985.26 or s. 985.27, whichever
1853 is applicable, unless the requirements of such applicable
1854 provision have been met or an order of continuance has been
1855 granted under s. 985.26(4). If the court order does not include
1856 a date of release, the release date must be requested of the
1857 court on the same date the youth was placed on detention care.
1858 If a subsequent hearing is needed to provide additional
1859 information to the court for safety planning, the initial order
1860 placing the youth on detention care must reflect the next
1861 detention review hearing, which should be held within 3 calendar
1862 days after the child’s initial detention placement.
1863 Section 15. Subsections (1) through (3) of section 985.26,
1864 Florida Statutes, are amended to read:
1865 985.26 Length of detention.—
1866 (1) A child may not be placed into or held in secure or,
1867 nonsecure, or home detention care for more longer than 24 hours
1868 unless the court orders such detention care, and the order
1869 includes specific instructions that direct the release of the
1870 child from such detention care, in accordance with s. 985.255.
1871 The order shall be a final order, reviewable by appeal under s.
1872 985.534 and the Florida Rules of Appellate Procedure. Appeals of
1873 such orders shall take precedence over other appeals and other
1874 pending matters.
1875 (2) A child may not be held in secure or, nonsecure, or
1876 home detention care under a special detention order for more
1877 than 21 days unless an adjudicatory hearing for the case has
1878 been commenced in good faith by the court. However, upon good
1879 cause being shown that the nature of the charge requires
1880 additional time for the prosecution or defense of the case, the
1881 court may extend the length of detention for an additional 9
1882 days if the child is charged with an offense that would be, if
1883 committed by an adult, a capital felony, a life felony, a felony
1884 of the first degree, or a felony of the second degree involving
1885 violence against any individual.
1886 (3) Except as provided in subsection (2), a child may not
1887 be held in secure or, nonsecure, or home detention care for more
1888 than 15 days following the entry of an order of adjudication.
1889 Section 16. Section 985.265, Florida Statutes, is amended
1890 to read:
1891 985.265 Detention transfer and release; education; adult
1892 jails.—
1893 (1) If a child is detained under this part, the department
1894 may transfer the child from nonsecure or home detention care to
1895 secure detention care only if significantly changed
1896 circumstances warrant such transfer.
1897 (2) If a child is on release status and not detained under
1898 this part, the child may be placed into secure or, nonsecure, or
1899 home detention care only pursuant to a court hearing in which
1900 the original risk assessment instrument and the, rescored based
1901 on newly discovered evidence or changed circumstances are
1902 introduced into evidence with a rescored risk assessment
1903 instrument with the results recommending detention, is
1904 introduced into evidence.
1905 (3)(a) If When a juvenile sexual offender is placed in
1906 detention, detention staff shall provide appropriate monitoring
1907 and supervision to ensure the safety of other children in the
1908 facility.
1909 (b) If When a juvenile charged with murder under s. 782.04,
1910 sexual battery under chapter 794, stalking under s. 784.048, or
1911 domestic violence as defined in s. 741.28, or an attempt to
1912 commit any of these offenses sexual offender, under this
1913 subsection, is released from secure detention or transferred to
1914 home detention or nonsecure detention, detention staff shall
1915 immediately notify the appropriate law enforcement agency, and
1916 school personnel, and the victim.
1917 (4)(a) While a child who is currently enrolled in school is
1918 in nonsecure or home detention care, the child shall continue to
1919 attend school unless otherwise ordered by the court.
1920 (b) While a child is in secure detention care, the child
1921 shall receive education commensurate with his or her grade level
1922 and educational ability.
1923 (5) The court shall order the delivery of a child to a jail
1924 or other facility intended or used for the detention of adults:
1925 (a) If When the child has been transferred or indicted for
1926 criminal prosecution as an adult under part X., except that The
1927 court may not order or allow a child alleged to have committed a
1928 misdemeanor who is being transferred for criminal prosecution
1929 pursuant to either s. 985.556 or s. 985.557 to be detained or
1930 held in a jail or other facility intended or used for the
1931 detention of adults; however, such child may be held temporarily
1932 in a detention facility; or
1933 (b) If When a child taken into custody in this state is
1934 wanted by another jurisdiction for prosecution as an adult.
1935
1936 A The child shall be housed separately from adult inmates to
1937 prohibit the a child from having regular contact with
1938 incarcerated adults, including trustees. As used in this
1939 subsection, the term “regular contact” means sight and sound
1940 contact. Separation of children from adults may not allow shall
1941 permit no more than haphazard or accidental contact. The
1942 receiving jail or other facility shall provide contain a
1943 separate section for children and shall have an adequate staff
1944 adequate to supervise and monitor the child’s activities at all
1945 times. Supervision and monitoring of children includes physical
1946 observation and documented checks by jail or receiving facility
1947 supervisory personnel at intervals not to exceed 10 15 minutes.
1948 This subsection does not prohibit placing two or more children
1949 in the same cell. Under no circumstances shall A child may not
1950 be placed in a the same cell with an adult.
1951 Section 17. Section 985.27, Florida Statutes, is amended to
1952 read:
1953 985.27 Postadjudication Postcommitment detention while
1954 awaiting commitment placement.—
1955 (1) The court must place all children who are adjudicated
1956 and awaiting placement in a commitment program in detention
1957 care. Children who are in home detention care or nonsecure
1958 detention care may be placed on electronic monitoring.
1959 (a) A child who is awaiting placement in a low-risk
1960 residential program must be removed from detention within 5
1961 days, excluding Saturdays, Sundays, and legal holidays. Any
1962 child held in secure detention during the 5 days must meet
1963 detention admission criteria under this part. A child who is
1964 placed in home detention care, nonsecure detention care, or home
1965 or nonsecure detention care with electronic monitoring, while
1966 awaiting placement in a minimum-risk or low-risk program, may be
1967 held in secure detention care for 5 days, if the child violates
1968 the conditions of the home detention care, the nonsecure
1969 detention care, or the electronic monitoring agreement. For any
1970 subsequent violation, the court may impose an additional 5 days
1971 in secure detention care.
1972 (b) A child who is awaiting placement in a nonsecure
1973 moderate-risk residential program must be removed from detention
1974 within 5 days, excluding Saturdays, Sundays, and legal holidays.
1975 A Any child held in secure detention during the 5 days must meet
1976 detention admission criteria under this part. The department may
1977 seek an order from the court authorizing continued detention for
1978 a specific period of time necessary for the appropriate
1979 residential placement of the child. However, such continued
1980 detention in secure detention care may not exceed 15 days after
1981 entry of the commitment order, excluding Saturdays, Sundays, and
1982 legal holidays, and except as otherwise provided in this
1983 section. A child who is placed in home detention care, nonsecure
1984 detention care, or home or nonsecure detention care with
1985 electronic monitoring, while awaiting placement in a nonsecure
1986 residential moderate-risk program, may be held in secure
1987 detention care for 5 days, if the child violates the conditions
1988 of the home detention care, the nonsecure detention care, or the
1989 electronic monitoring agreement. For any subsequent violation,
1990 the court may impose an additional 5 days in secure detention
1991 care.
1992 (b)(c) If the child is committed to a high-risk residential
1993 program, the child must be held in secure detention care until
1994 placement or commitment is accomplished.
1995 (c)(d) If the child is committed to a maximum-risk
1996 residential program, the child must be held in secure detention
1997 care until placement or commitment is accomplished.
1998 (2) Regardless of detention status, a child being
1999 transported by the department to a residential commitment
2000 facility of the department may be placed in secure detention for
2001 up to 24 hours overnight, not to exceed a 24-hour period, for
2002 the specific purpose of ensuring the safe delivery of the child
2003 to his or her residential commitment program, court,
2004 appointment, transfer, or release.
2005 Section 18. Subsection (1) of section 985.275, Florida
2006 Statutes, is amended to read:
2007 985.275 Detention of escapee or absconder on authority of
2008 the department.—
2009 (1) If an authorized agent of the department has reasonable
2010 grounds to believe that a any delinquent child committed to the
2011 department has escaped from a residential commitment facility or
2012 in the course of lawful transportation to or from such facility
2013 from being lawfully transported thereto or therefrom, or has
2014 absconded from a nonresidential commitment facility, the agent
2015 shall notify law enforcement and, if the offense qualifies under
2016 chapter 960, notify the victim, and make every reasonable effort
2017 to locate the delinquent child. The child may be returned take
2018 the child into active custody and may deliver the child to the
2019 facility or, if it is closer, to a detention center for return
2020 to the facility. However, a child may not be held in detention
2021 more longer than 24 hours, excluding Saturdays, Sundays, and
2022 legal holidays, unless a special order so directing is made by
2023 the judge after a detention hearing resulting in a finding that
2024 detention is required based on the criteria in s. 985.255. The
2025 order must shall state the reasons for such finding. The reasons
2026 are shall be reviewable by appeal or in habeas corpus
2027 proceedings in the district court of appeal.
2028 Section 19. Paragraph (b) of subsection (4), paragraph (h)
2029 of subsection (6), and paragraph (a) of subsection (7) of
2030 section 985.433, Florida Statutes, are amended to read:
2031 985.433 Disposition hearings in delinquency cases.—When a
2032 child has been found to have committed a delinquent act, the
2033 following procedures shall be applicable to the disposition of
2034 the case:
2035 (4) Before the court determines and announces the
2036 disposition to be imposed, it shall:
2037 (b) Discuss with the child his or her compliance with any
2038 predisposition home release plan or other plan imposed since the
2039 date of the offense.
2040 (6) The first determination to be made by the court is a
2041 determination of the suitability or nonsuitability for
2042 adjudication and commitment of the child to the department. This
2043 determination shall include consideration of the recommendations
2044 of the department, which may include a predisposition report.
2045 The predisposition report shall include, whether as part of the
2046 child’s multidisciplinary assessment, classification, and
2047 placement process components or separately, evaluation of the
2048 following criteria:
2049 (h) The child’s educational status, including, but not
2050 limited to, the child’s strengths, abilities, and unmet and
2051 special educational needs. The report must shall identify
2052 appropriate educational and career vocational goals for the
2053 child. Examples of appropriate goals include:
2054 1. Attainment of a high school diploma or its equivalent.
2055 2. Successful completion of literacy course(s).
2056 3. Successful completion of career and technical
2057 educational vocational course(s).
2058 4. Successful attendance and completion of the child’s
2059 current grade, or recovery of credits of classes the child
2060 previously failed, if enrolled in school.
2061 5. Enrollment in an apprenticeship or a similar program.
2062
2063 It is the intent of the Legislature that the criteria set forth
2064 in this subsection are general guidelines to be followed at the
2065 discretion of the court and not mandatory requirements of
2066 procedure. It is not the intent of the Legislature to provide
2067 for the appeal of the disposition made under this section.
2068 (7) If the court determines that the child should be
2069 adjudicated as having committed a delinquent act and should be
2070 committed to the department, such determination shall be in
2071 writing or on the record of the hearing. The determination shall
2072 include a specific finding of the reasons for the decision to
2073 adjudicate and to commit the child to the department, including
2074 any determination that the child was a member of a criminal
2075 gang.
2076 (a) The department juvenile probation officer shall
2077 recommend to the court the most appropriate placement and
2078 treatment plan, specifically identifying the restrictiveness
2079 level most appropriate for the child if commitment is
2080 recommended. If the court has determined that the child was a
2081 member of a criminal gang, that determination shall be given
2082 great weight in identifying the most appropriate restrictiveness
2083 level for the child. The court shall consider the department’s
2084 recommendation in making its commitment decision.
2085 Section 20. Present subsections (4) through (6) of section
2086 985.435, Florida Statutes, are redesignated as subsections (5)
2087 through (7), respectively, a new subsection (4) is added to that
2088 section, and subsection (3) and present subsection (4) of that
2089 section are amended, to read:
2090 985.435 Probation and postcommitment probation; community
2091 service.—
2092 (3) A probation program must also include a rehabilitative
2093 program component such as a requirement of participation in
2094 substance abuse treatment or in a school or career and technical
2095 other educational program. The nonconsent of the child to
2096 treatment in a substance abuse treatment program does not
2097 preclude in no way precludes the court from ordering such
2098 treatment. Upon the recommendation of the department at the time
2099 of disposition, or subsequent to disposition pursuant to the
2100 filing of a petition alleging a violation of the child’s
2101 conditions of postcommitment probation, the court may order the
2102 child to submit to random testing for the purpose of detecting
2103 and monitoring the use of alcohol or controlled substances.
2104 (4) A probation program may also include an alternative
2105 consequence component to address instances in which a child is
2106 noncompliant with technical conditions of his or her probation,
2107 but has not committed any new violations of law. The alternative
2108 consequence component shall be designed to provide swift and
2109 appropriate consequences to any noncompliance with technical
2110 conditions of probation. If the probation program includes this
2111 component, specific consequences that apply to noncompliance
2112 with specific technical conditions of probation must be detailed
2113 in the disposition order.
2114 (5)(4) An evaluation of the youth’s risk to reoffend A
2115 classification scale for levels of supervision shall be provided
2116 by the department, taking into account the child’s needs and
2117 risks relative to probation supervision requirements to
2118 reasonably ensure the public safety. Probation programs for
2119 children shall be supervised by the department or by any other
2120 person or agency specifically authorized by the court. These
2121 programs must include, but are not limited to, structured or
2122 restricted activities as described in this section and s.
2123 985.439, and shall be designed to encourage the child toward
2124 acceptable and functional social behavior.
2125 Section 21. Paragraph (a) of subsection (1) and subsection
2126 (4) of section 985.439, Florida Statutes, are amended to read:
2127 985.439 Violation of probation or postcommitment
2128 probation.—
2129 (1)(a) This section is applicable when the court has
2130 jurisdiction over a child on probation or postcommitment
2131 probation, regardless of adjudication an adjudicated delinquent
2132 child.
2133 (4) Upon the child’s admission, or if the court finds after
2134 a hearing that the child has violated the conditions of
2135 probation or postcommitment probation, the court shall enter an
2136 order revoking, modifying, or continuing probation or
2137 postcommitment probation. In each such case, the court shall
2138 enter a new disposition order and, in addition to the sanctions
2139 set forth in this section, may impose any sanction the court
2140 could have imposed at the original disposition hearing. If the
2141 child is found to have violated the conditions of probation or
2142 postcommitment probation, the court may:
2143 (a) Place the child in a consequence unit in that judicial
2144 circuit, if available, for up to 5 days for a first violation
2145 and up to 15 days for a second or subsequent violation.
2146 (b) Place the child on nonsecure home detention with
2147 electronic monitoring. However, this sanction may be used only
2148 if a residential consequence unit is not available.
2149 (c) Modify or continue the child’s probation program or
2150 postcommitment probation program.
2151 (d) Revoke probation or postcommitment probation and commit
2152 the child to the department.
2153 (e) If the violation of probation is technical in nature
2154 and not a new violation of law, place the child in an
2155 alternative consequence program designed to provide swift and
2156 appropriate consequences for any further violations of
2157 probation.
2158 1. Alternative consequence programs shall be established at
2159 the local level in coordination with law enforcement agencies,
2160 the chief judge of the circuit, the state attorney, and the
2161 public defender.
2162 2. Alternative consequence programs may be operated by an
2163 entity such as a law enforcement agency, the department, a
2164 juvenile assessment center, a county or municipality, or another
2165 entity selected by the department.
2166 3. Upon placing a child in an alternative consequence
2167 program, the court must approve specific consequences for
2168 specific violations of the conditions of probation.
2169 Section 22. Subsection (2) of section 985.441, Florida
2170 Statutes, is amended to read:
2171 985.441 Commitment.—
2172 (2) Notwithstanding subsection (1), the court having
2173 jurisdiction over an adjudicated delinquent child whose
2174 underlying offense is was a misdemeanor, or a child who is
2175 currently on probation for a misdemeanor, may not commit the
2176 child for any misdemeanor offense or any probation violation
2177 that is technical in nature and not a new violation of law at a
2178 restrictiveness level other than minimum-risk nonresidential
2179 unless the probation violation is a new violation of law
2180 constituting a felony. However, the court may commit such child
2181 to a nonsecure low-risk or moderate-risk residential placement
2182 if:
2183 (a) The child has previously been adjudicated or had
2184 adjudication withheld for a felony offense;
2185 (b) The child has previously been adjudicated or had
2186 adjudication withheld for three or more misdemeanor offenses
2187 within the preceding 18 months;
2188 (c) The child is before the court for disposition for a
2189 violation of s. 800.03, s. 806.031, or s. 828.12; or
2190 (d) The court finds by a preponderance of the evidence that
2191 the protection of the public requires such placement or that the
2192 particular needs of the child would be best served by such
2193 placement. Such finding must be in writing.
2194 Section 23. Paragraph (a) of subsection (1) and subsection
2195 (5) of section 985.46, Florida Statutes, are amended to read:
2196 985.46 Conditional release.—
2197 (1) The Legislature finds that:
2198 (a) Conditional release is the care, treatment, help,
2199 provision of transition-to-adulthood services, and supervision
2200 provided to juveniles released from residential commitment
2201 programs to promote rehabilitation and prevent recidivism.
2202 (5) Participation in the educational program by students of
2203 compulsory school attendance age pursuant to s. 1003.21(1) and
2204 (2)(a) is mandatory for juvenile justice youth on conditional
2205 release or postcommitment probation status. A student of
2206 noncompulsory school-attendance age who has not received a high
2207 school diploma or its equivalent must participate in an the
2208 educational or career and technical educational program. A youth
2209 who has received a high school diploma or its equivalent and is
2210 not employed must participate in workforce development or other
2211 career or technical education or attend a community college or a
2212 university while in the program, subject to available funding.
2213 Section 24. Subsections (1) through (5) of section 985.461,
2214 Florida Statutes, are amended to read:
2215 985.461 Transition to adulthood.—
2216 (1) The Legislature finds that older youth are faced with
2217 the need to learn how to support themselves within legal means
2218 and overcome the stigma of being delinquent. In most cases,
2219 parents expedite this transition. It is the intent of the
2220 Legislature that the department provide older youth in its
2221 custody or under its supervision with opportunities for
2222 participating in transition-to-adulthood services while in the
2223 department’s commitment programs or in probation or conditional
2224 release programs in the community. These services should be
2225 reasonable and appropriate for the youths’ respective ages or
2226 special needs and provide activities that build life skills and
2227 increase the ability to live independently and become self
2228 sufficient.
2229 (2) Youth served by the department who are in the custody
2230 of the Department of Children and Families Family Services and
2231 who entered juvenile justice placement from a foster care
2232 placement, if otherwise eligible, may receive independent living
2233 transition services pursuant to s. 409.1451. Court-ordered
2234 commitment or probation with the department is not a barrier to
2235 eligibility for the array of services available to a youth who
2236 is in the dependency foster care system only.
2237 (3) For a dependent child in the foster care system,
2238 adjudication for delinquency does not, by itself, disqualify
2239 such child for eligibility in the Department of Children and
2240 Families’ Family Services’ independent living program.
2241 (4) As part of the child’s treatment plan, the department
2242 may provide transition-to-adulthood services to children
2243 released from residential commitment. To support participation
2244 in transition-to-adulthood services and subject to
2245 appropriation, the department may:
2246 (a) Assess the child’s skills and abilities to live
2247 independently and become self-sufficient. The specific services
2248 to be provided shall be determined using an assessment of his or
2249 her readiness for adult life.
2250 (b) Use community reentry teams to assist in the
2251 development of Develop a list of age-appropriate activities and
2252 responsibilities to be incorporated in the child’s written case
2253 plan for any youth 17 years of age or older who is under the
2254 custody or supervision of the department. Community reentry
2255 teams may include representation from school districts, law
2256 enforcement, workforce development services, community-based
2257 service providers, and the youth’s family. Activities may
2258 include, but are not limited to, life skills training, including
2259 training to develop banking and budgeting skills, interviewing
2260 and career planning skills, parenting skills, personal health
2261 management, and time management or organizational skills;
2262 educational support; employment training; and counseling.
2263 (c) Provide information related to social security
2264 insurance benefits and public assistance.
2265 (d) Request parental or guardian permission for the youth
2266 to participate in transition-to-adulthood services. Upon such
2267 consent, age-appropriate activities shall be incorporated into
2268 the youth’s written case plan. This plan may include specific
2269 goals and objectives and shall be reviewed and updated at least
2270 quarterly. If the parent or guardian is cooperative, the plan
2271 may not interfere with the parent’s or guardian’s rights to
2272 nurture and train his or her child in ways that are otherwise in
2273 compliance with the law and court order.
2274 (e) Contract for transition-to-adulthood services that
2275 include residential services and assistance and allow the child
2276 to live independently of the daily care and supervision of an
2277 adult in a setting that is not licensed under s. 409.175. A
2278 child under the care or supervision of the department who has
2279 reached 17 years of age but is not yet 19 years of age is
2280 eligible for such services if he or she does not pose a danger
2281 to the public and is able to demonstrate minimally sufficient
2282 skills and aptitude for living under decreased adult
2283 supervision, as determined by the department, using established
2284 procedures and assessments.
2285 (f) Assist the youth in building a portfolio of educational
2286 and vocational accomplishments, necessary identification,
2287 resumes, and cover letters in an effort to enhance the youth’s
2288 employability.
2289 (g) Collaborate with school district contacts to facilitate
2290 appropriate educational services based on the youth’s identified
2291 needs.
2292 (5) For a child who is 17 years of age or older, under the
2293 department’s care or supervision, and without benefit of parents
2294 or legal guardians capable of assisting the child in the
2295 transition to adult life, the department may provide an
2296 assessment to determine the child’s skills and abilities to live
2297 independently and become self-sufficient. Based on the
2298 assessment and within existing resources, services and training
2299 may be provided in order to develop the necessary skills and
2300 abilities before the child’s 18th birthday.
2301 Section 25. Paragraph (b) of subsection (3) of section
2302 985.481, Florida Statutes, is amended to read:
2303 985.481 Sexual offenders adjudicated delinquent;
2304 notification upon release.—
2305 (3)
2306 (b) No later than November 1, 2007, The department shall
2307 must make the information described in subparagraph (a)1.
2308 available electronically to the Department of Law Enforcement in
2309 its database and in a format that is compatible with the
2310 requirements of the Florida Crime Information Center.
2311 Section 26. Subsection (5) of section 985.4815, Florida
2312 Statutes, is amended to read:
2313 985.4815 Notification to Department of Law Enforcement of
2314 information on juvenile sexual offenders.—
2315 (5) In addition to notification and transmittal
2316 requirements imposed by any other provision of law, the
2317 department shall compile information on any sexual offender and
2318 provide the information to the Department of Law Enforcement. No
2319 later than November 1, 2007, The department shall must make the
2320 information available electronically to the Department of Law
2321 Enforcement in its database in a format that is compatible with
2322 the requirements of the Florida Crime Information Center.
2323 Section 27. Paragraph (a) of subsection (3) and paragraph
2324 (a) of subsection (9) of section 985.601, Florida Statutes, are
2325 amended to read:
2326 985.601 Administering the juvenile justice continuum.—
2327 (3)(a) The department shall develop or contract for
2328 diversified and innovative programs to provide rehabilitative
2329 treatment, including early intervention and prevention,
2330 diversion, comprehensive intake, case management, diagnostic and
2331 classification assessments, trauma-informed care, individual and
2332 family counseling, family engagement resources and programs,
2333 gender-specific programming, shelter care, diversified detention
2334 care emphasizing alternatives to secure detention, diversified
2335 probation, halfway houses, foster homes, community-based
2336 substance abuse treatment services, community-based mental
2337 health treatment services, community-based residential and
2338 nonresidential programs, mother-infant programs, and
2339 environmental programs. The department may pay expenses in
2340 support of innovative programs and activities that address the
2341 identified needs and well-being of children in the department’s
2342 care or under its supervision. Each program shall place
2343 particular emphasis on reintegration and conditional release for
2344 all children in the program.
2345 (9)(a) The department shall operate a statewide, regionally
2346 administered system of detention services for children, in
2347 accordance with a comprehensive plan for the regional
2348 administration of all detention services in the state. The plan
2349 must provide for the maintenance of adequate availability of
2350 detention services for all counties. The plan must cover all the
2351 department’s operating circuits, with each operating circuit
2352 having access to a secure facility and nonsecure and home
2353 detention programs., and The plan may be altered or modified by
2354 the department of Juvenile Justice as necessary.
2355 Section 28. Section 985.605, Florida Statutes, is repealed.
2356 Section 29. Section 985.606, Florida Statutes, is repealed.
2357 Section 30. Section 985.61, Florida Statutes, is repealed.
2358 Section 31. Section 985.632, Florida Statutes, is reordered
2359 and amended to read:
2360 985.632 Quality improvement assurance and cost
2361 effectiveness.—
2362 (2)(1) PERFORMANCE ACCOUNTABILITY.—It is the intent of the
2363 Legislature that the department establish a performance
2364 accountability system for each provider who contracts with the
2365 department for the delivery of services to children. The
2366 contract must include both output measures, such as the number
2367 of children served, and outcome measures, such as program
2368 completion and postcompletion recidivism. Each contractor shall
2369 report performance results to the department annually. The
2370 department’s Bureau of Research and Planning shall summarize
2371 performance results from all contracts and report the
2372 information annually to the President of the Senate and the
2373 Speaker of the House of Representatives in the Comprehensive
2374 Accountability Report. The report must:
2375 (a) Ensure that information be provided to decisionmakers
2376 in a timely manner so that resources are allocated to programs
2377 that of the department which achieve desired performance levels.
2378 (b) Provide information about the cost of such programs and
2379 their differential effectiveness so that the quality of such
2380 programs can be compared and improvements made continually.
2381 (c) Provide information to aid in developing related policy
2382 issues and concerns.
2383 (d) Provide information to the public about the
2384 effectiveness of such programs in meeting established goals and
2385 objectives.
2386 (e) Provide a basis for a system of accountability so that
2387 each child client is afforded the best programs to meet his or
2388 her needs.
2389 (f) Improve service delivery to children through the use of
2390 technical assistance clients.
2391 (g) Modify or eliminate activities or programs that are not
2392 effective.
2393 (h) Collect and analyze available statistical data for the
2394 purpose of ongoing evaluation of all programs.
2395 (1)(2) DEFINITIONS.—As used in this section, the term:
2396 (a) “Program” means any facility, service, or program for
2397 children which is operated by the department or by a provider
2398 under contract with the department.
2399 (a) “Client” means any person who is being provided
2400 treatment or services by the department or by a provider under
2401 contract with the department.
2402 (b) “Program component” means an aggregation of generally
2403 related objectives which, because of their special character,
2404 related workload, and interrelated output, can logically be
2405 considered an entity for purposes of organization, management,
2406 accounting, reporting, and budgeting.
2407 (c) “Program group” means a collection of programs with
2408 sufficient similarity of functions, services, and children to
2409 permit appropriate comparison among programs within the group.
2410 (c) “Program effectiveness” means the ability of the
2411 program to achieve desired client outcomes, goals, and
2412 objectives.
2413 (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department, in
2414 consultation with the Office of Economic and Demographic
2415 Research, the Office of Program Policy Analysis and Government
2416 Accountability, and contract service providers, shall develop
2417 and use a standard methodology for annually measuring,
2418 evaluating, and reporting program outputs and child outcomes for
2419 each program and program group. The standard methodology must:
2420 (a) Include common terminology and operational definitions
2421 for measuring the performance of system and program
2422 administration, program outputs, and program outcomes.
2423 (b) Specify program outputs for each program and for each
2424 program group within the juvenile justice continuum.
2425 (c) Specify desired child outcomes and methods by which
2426 child outcomes may be measured for each program and program
2427 group.
2428 (3) The department shall annually collect and report cost
2429 data for every program operated or contracted by the department.
2430 The cost data shall conform to a format approved by the
2431 department and the Legislature. Uniform cost data shall be
2432 reported and collected for state-operated and contracted
2433 programs so that comparisons can be made among programs. The
2434 department shall ensure that there is accurate cost accounting
2435 for state-operated services including market-equivalent rent and
2436 other shared cost. The cost of the educational program provided
2437 to a residential facility shall be reported and included in the
2438 cost of a program. The department shall submit an annual cost
2439 report to the President of the Senate, the Speaker of the House
2440 of Representatives, the Minority Leader of each house of the
2441 Legislature, the appropriate substantive and fiscal committees
2442 of each house of the Legislature, and the Governor, no later
2443 than December 1 of each year. Cost-benefit analysis for
2444 educational programs will be developed and implemented in
2445 collaboration with and in cooperation with the Department of
2446 Education, local providers, and local school districts. Cost
2447 data for the report shall include data collected by the
2448 Department of Education for the purposes of preparing the annual
2449 report required by s. 1003.52(19).
2450 (4)(a) COST-EFFECTIVENESS MODEL.—The department, in
2451 consultation with the Office of Economic and Demographic
2452 Research and contract service providers, shall develop a cost
2453 effectiveness model and apply the model to each commitment
2454 program. Program recidivism rates shall be a component of the
2455 model.
2456 (a) The cost-effectiveness model must shall compare program
2457 costs to expected and actual child recidivism rates client
2458 outcomes and program outputs. It is the intent of the
2459 Legislature that continual development efforts take place to
2460 improve the validity and reliability of the cost-effectiveness
2461 model.
2462 (b) The department shall rank commitment programs based on
2463 the cost-effectiveness model, performance measures, and
2464 adherence to quality improvement standards and shall submit a
2465 report this data in the annual Comprehensive Accountability
2466 Report to the appropriate substantive and fiscal committees of
2467 each house of the Legislature by December 31 of each year.
2468 (c) Based on reports of the department on child client
2469 outcomes and program outputs and on the department’s most recent
2470 cost-effectiveness rankings, the department may terminate a
2471 program operated by the department or a provider if the program
2472 has failed to achieve a minimum standard threshold of program
2473 effectiveness. This paragraph does not preclude the department
2474 from terminating a contract as provided under this section or as
2475 otherwise provided by law or contract, and does not limit the
2476 department’s authority to enter into or terminate a contract.
2477 (d) In collaboration with the Office of Economic and
2478 Demographic Research, and contract service providers, the
2479 department shall develop a work plan to refine the cost
2480 effectiveness model so that the model is consistent with the
2481 performance-based program budgeting measures approved by the
2482 Legislature to the extent the department deems appropriate. The
2483 department shall notify the Office of Program Policy Analysis
2484 and Government Accountability of any meetings to refine the
2485 model.
2486 (e) Contingent upon specific appropriation, the department,
2487 in consultation with the Office of Economic and Demographic
2488 Research, and contract service providers, shall:
2489 1. Construct a profile of each commitment program that uses
2490 the results of the quality improvement assurance report required
2491 by this section, the cost-effectiveness report required in this
2492 subsection, and other reports available to the department.
2493 2. Target, for a more comprehensive evaluation, any
2494 commitment program that has achieved consistently high, low, or
2495 disparate ratings in the reports required under subparagraph 1.
2496 and target, for technical assistance, any commitment program
2497 that has achieved low or disparate ratings in the reports
2498 required under subparagraph 1.
2499 3. Identify the essential factors that contribute to the
2500 high, low, or disparate program ratings.
2501 4. Use the results of these evaluations in developing or
2502 refining juvenile justice programs or program models, child
2503 client outcomes and program outputs, provider contracts, quality
2504 improvement assurance standards, and the cost-effectiveness
2505 model.
2506 (5) QUALITY IMPROVEMENT; MINIMUM STANDARDS.—The department
2507 shall:
2508 (a) Establish a comprehensive quality improvement assurance
2509 system for each program operated by the department or operated
2510 by a provider under contract with the department. Each contract
2511 entered into by the department must provide for quality
2512 improvement assurance.
2513 (b) Provide operational definitions of and criteria for
2514 quality improvement assurance for each specific program
2515 component.
2516 (c) Establish quality improvement assurance goals and
2517 objectives for each specific program component.
2518 (d) Establish the information and specific data elements
2519 required for the quality improvement assurance program.
2520 (e) Develop a quality improvement assurance manual of
2521 specific, standardized terminology and procedures to be followed
2522 by each program.
2523 (f) Evaluate each program operated by the department or a
2524 provider under a contract with the department annually and
2525 establish minimum standards thresholds for each program
2526 component. If a provider fails to meet the established minimum
2527 standards thresholds, such failure shall cause the department
2528 shall to cancel the provider’s contract unless the provider
2529 complies achieves compliance with minimum standards thresholds
2530 within 6 months or unless there are documented extenuating
2531 circumstances. In addition, the department may not contract with
2532 the same provider for the canceled service for a period of 12
2533 months. If a department-operated program fails to meet the
2534 established minimum standards thresholds, the department must
2535 take necessary and sufficient steps to ensure, and document
2536 program changes to achieve, compliance with the established
2537 minimum standards thresholds. If the department-operated program
2538 fails to achieve compliance with the established minimum
2539 standards thresholds within 6 months and if there are no
2540 documented extenuating circumstances, the department shall must
2541 notify the Executive Office of the Governor and the Legislature
2542 of the corrective action taken. Appropriate corrective action
2543 may include, but is not limited to:
2544 1. Contracting out for the services provided in the
2545 program;
2546 2. Initiating appropriate disciplinary action against all
2547 employees whose conduct or performance is deemed to have
2548 materially contributed to the program’s failure to meet
2549 established minimum thresholds;
2550 3. Redesigning the program; or
2551 4. Realigning the program.
2552 (6) COMPREHENSIVE ACCOUNTABILITY REPORT; SUBMITTAL.—No
2553 later than February 1 of each year, the department shall submit
2554 the Comprehensive Accountability an annual Report to the
2555 Governor, the President of the Senate, the Speaker of the House
2556 of Representatives, the Minority Leader of each house of the
2557 Legislature, and the appropriate substantive and fiscal
2558 committees of each house of the Legislature, and the Governor,
2559 no later than February 1 of each year. The Comprehensive
2560 Accountability annual Report must contain, at a minimum, for
2561 each specific program component: a comprehensive description of
2562 the population served by the program; a specific description of
2563 the services provided by the program; cost; a comparison of
2564 expenditures to federal and state funding; immediate and long
2565 range concerns; and recommendations to maintain, expand,
2566 improve, modify, or eliminate each program component so that
2567 changes in services lead to enhancement in program quality. The
2568 department shall ensure the reliability and validity of the
2569 information contained in the report.
2570 (7)(6) ONGOING EVALUATION.—The department shall collect and
2571 analyze available statistical data for the purpose of ongoing
2572 evaluation of all programs. The department shall provide the
2573 Legislature with necessary information and reports to enable the
2574 Legislature to make informed decisions regarding the
2575 effectiveness of, and any needed changes in, services, programs,
2576 policies, and laws.
2577 Section 32. Paragraph (a) of subsection (1) and paragraph
2578 (b) of subsection (3) of section 985.644, Florida Statutes, are
2579 amended to read:
2580 985.644 Departmental contracting powers; personnel
2581 standards and screening.—
2582 (1) The department may contract with the Federal
2583 Government, other state departments and agencies, county and
2584 municipal governments and agencies, public and private agencies,
2585 and private individuals and corporations in carrying out the
2586 purposes of, and the responsibilities established in, this
2587 chapter.
2588 (a) Each contract entered into by the department for
2589 services delivered on an appointment or intermittent basis by a
2590 provider that does not have regular custodial responsibility for
2591 children, and each contract with a school for before or
2592 aftercare services, must ensure that all owners, operators, and
2593 personnel who have direct contact with children are subject to
2594 level 2 background screening pursuant to chapter 435.
2595 (3)
2596 (b) Certified Except for law enforcement, correctional, and
2597 correctional probation officers, pursuant to s. 943.13, are not
2598 required to submit to level 2 screenings while employed by a law
2599 enforcement agency or correctional facility. to whom s.
2600 943.13(5) applies, The department shall electronically submit to
2601 the Department of Law Enforcement:
2602 1. Fingerprint information obtained during the employment
2603 screening required by subparagraph (a)1.
2604 2. Fingerprint information for all persons employed by the
2605 department, or by a provider under contract with the department,
2606 in delinquency facilities, services, or programs if such
2607 fingerprint information has not previously been previously
2608 electronically submitted pursuant to this section to the
2609 Department of Law Enforcement under this paragraph.
2610 Section 33. Section 985.6441, Florida Statutes, is created
2611 to read:
2612 985.6441 Health care services.—
2613 (1) As used in this section, the term:
2614 (a) “Hospital” means a hospital licensed under chapter 395.
2615 (b) “Health care provider” has the same meaning as provided
2616 in s. 766.105.
2617 (2) The following reimbursement limitations apply to the
2618 compensation of health care providers by the department:
2619 (a) If there is no contract between the department and a
2620 hospital or a health care provider providing services at a
2621 hospital, payments to such hospital or such health care provider
2622 may not exceed 110 percent of the Medicare allowable rate for
2623 any health care service provided.
2624 (b) If a contract has been executed between the department
2625 and a hospital or a health care provider providing services at a
2626 hospital, the department may continue to make payments for
2627 health care services at the currently contracted rates through
2628 the current term of the contract; however, payments may not
2629 exceed 110 percent of the Medicare allowable rate after the
2630 current term of the contract expires or after the contract is
2631 renewed during the 2013-2014 fiscal year.
2632 (c) Payments may not exceed 110 percent of the Medicare
2633 allowable rate under a contract executed on or after July 1,
2634 2014, between the department and a hospital or a health care
2635 provider providing services at a hospital.
2636 (d) Notwithstanding paragraphs (a)-(c), the department may
2637 pay up to 125 percent of the Medicare allowable rate for health
2638 care services at a hospital that demonstrates or has
2639 demonstrated through hospital-audited financial data a negative
2640 operating margin for the previous fiscal year to the Agency for
2641 Health Care Administration.
2642 (e) The department may execute a contract for health care
2643 services at a hospital for rates other than rates based on a
2644 percentage of the Medicare allowable rate.
2645 Section 34. Section 985.66, Florida Statutes, is amended to
2646 read:
2647 985.66 Juvenile justice training academies; staff
2648 development and training; Juvenile Justice Training Trust Fund.—
2649 (1) LEGISLATIVE PURPOSE.—In order to enable the state to
2650 provide a systematic approach to staff development and training
2651 for judges, state attorneys, public defenders, law enforcement
2652 officers, school district personnel, and juvenile justice
2653 program staff which meets that will meet the needs of such
2654 persons in the their discharge of their duties while at the same
2655 time meeting the requirements for the American Correction
2656 Association accreditation by the Commission on Accreditation for
2657 Corrections, it is the purpose of the Legislature to require the
2658 department to establish, maintain, and oversee the operation of
2659 juvenile justice training programs and courses academies in the
2660 state. The purpose of the Legislature in establishing staff
2661 development and training programs is to provide employees of the
2662 department or any private or public entity or contract providers
2663 who provide services or care for youth under the responsibility
2664 of the department with the knowledge and skills to appropriately
2665 interact with youth and provide such care foster better staff
2666 morale and reduce mistreatment and aggressive and abusive
2667 behavior in delinquency programs; to positively impact the
2668 recidivism of children in the juvenile justice system; and to
2669 afford greater protection of the public through an improved
2670 level of services delivered by a professionally trained juvenile
2671 justice program staff to children who are alleged to be or who
2672 have been found to be delinquent.
2673 (2) STAFF DEVELOPMENT AND TRAINING.—The department shall:
2674 (a) Designate the number and location of the training
2675 programs and courses academies; assess, design, develop,
2676 implement, evaluate, maintain, and update the curriculum to be
2677 used in the training of juvenile justice program staff;
2678 establish timeframes for participation in and completion of
2679 training by juvenile justice program staff; develop, implement,
2680 score, analyze, maintain, and update job-related examinations;
2681 develop, implement, analyze, and update the types and
2682 frequencies of evaluations of the training programs, courses,
2683 and instructors academies; and manage approve, modify, or
2684 disapprove the budget and contracts for all the training
2685 deliverables academies, and the contractor to be selected to
2686 organize and operate the training academies and to provide the
2687 training curriculum.
2688 (b) Establish uniform minimum job-related preservice and
2689 inservice training courses and examinations for juvenile justice
2690 program staff.
2691 (c) Consult and cooperate with the state or any political
2692 subdivision; any private entity or contractor; and with private
2693 and public universities, colleges, community colleges, and other
2694 educational institutions concerning the development of juvenile
2695 justice training and programs or courses of instruction,
2696 including, but not limited to, education and training in the
2697 areas of juvenile justice.
2698 (d) Enter into contracts and agreements with other
2699 agencies, organizations, associations, corporations,
2700 individuals, or federal agencies as necessary in the execution
2701 of the powers of the department or the performance of its
2702 duties.
2703 (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department shall
2704 establish a certifiable program for juvenile justice training
2705 pursuant to this section, and all department program staff. and
2706 Providers who deliver direct care services pursuant to contract
2707 with the department shall be required to participate in and
2708 successfully complete the department-approved program of
2709 training pertinent to their areas of responsibility. Judges,
2710 state attorneys, and public defenders, law enforcement officers,
2711 and school district personnel, and employees of contract
2712 providers who provide services or care for youth under the
2713 responsibility of the department may participate in such a
2714 training program. For the juvenile justice program staff, the
2715 department shall, based on a job-task analysis:
2716 (a) The department shall design, implement, maintain,
2717 evaluate, and revise a basic training program, including a
2718 competency-based examination, for the purpose of providing
2719 minimum employment training qualifications for all juvenile
2720 justice personnel. All program staff of the department and
2721 providers who deliver direct-care services who are hired after
2722 October 1, 1999, shall, at a must meet the following minimum
2723 requirements:
2724 1. Be at least 19 years of age.
2725 2. Be a high school graduate or its equivalent, as
2726 determined by the department.
2727 3. Not have been convicted of any felony or a misdemeanor
2728 involving perjury or a false statement, or have received a
2729 dishonorable discharge from any of the Armed Forces of the
2730 United States. A Any person who, after September 30, 1999,
2731 pleads guilty or nolo contendere to or is found guilty of any
2732 felony or a misdemeanor involving perjury or false statement is
2733 not eligible for employment, notwithstanding suspension of
2734 sentence or withholding of adjudication. Notwithstanding this
2735 subparagraph, a any person who pled nolo contendere to a
2736 misdemeanor involving a false statement before October 1, 1999,
2737 and who has had such record of that plea sealed or expunged is
2738 not ineligible for employment for that reason.
2739 4. Abide by all the provisions of s. 985.644(1) regarding
2740 fingerprinting, and background investigations, and other
2741 screening requirements for personnel.
2742 5. Execute and submit to the department an affidavit-of
2743 application form, approved adopted by the department, attesting
2744 to his or her compliance with subparagraphs 1.-4. The affidavit
2745 must be executed under oath and constitutes an official
2746 statement under s. 837.06. The affidavit must include a
2747 conspicuous statement language that the intentional false
2748 execution of the affidavit constitutes a misdemeanor of the
2749 second degree. The employing agency shall retain the affidavit.
2750 (b) The department shall design, implement, maintain,
2751 evaluate, and revise an advanced training program, including a
2752 competency-based examination for each training course, which is
2753 intended to enhance knowledge, skills, and abilities related to
2754 job performance.
2755 (c) The department shall design, implement, maintain,
2756 evaluate, and revise a career development training program,
2757 including a competency-based examination for each training
2758 course. Career development courses are intended to prepare
2759 personnel for promotion.
2760 (d) The department is encouraged to design, implement,
2761 maintain, evaluate, and revise juvenile justice training
2762 courses, or to enter into contracts for such training courses,
2763 that are intended to provide for the safety and well-being of
2764 both citizens and juvenile offenders.
2765 (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
2766 (a) There is created within the State Treasury a Juvenile
2767 Justice Training Trust Fund to be used by the department for the
2768 purpose of funding the development and updating of a job-task
2769 analysis of juvenile justice personnel; the development,
2770 implementation, and updating of job-related training courses and
2771 examinations; and the cost of juvenile justice training courses.
2772 (b) One dollar from every noncriminal traffic infraction
2773 collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
2774 deposited into the Juvenile Justice Training Trust Fund.
2775 (c) In addition to the funds generated by paragraph (b),
2776 the trust fund may receive funds from any other public or
2777 private source.
2778 (d) Funds that are not expended by the end of the budget
2779 cycle or through a supplemental budget approved by the
2780 department shall revert to the trust fund.
2781 (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
2782 The number, location, and establishment of juvenile justice
2783 training academies shall be determined by the department.
2784 (5)(6) SCHOLARSHIPS AND STIPENDS.—The department shall
2785 establish criteria to award scholarships or stipends to
2786 qualified juvenile justice personnel who are residents of the
2787 state and who want to pursue a bachelor’s or associate in arts
2788 degree in juvenile justice or a related field. The department
2789 shall administer handle the administration of the scholarship or
2790 stipend. The Department of Education shall manage handle the
2791 notes issued for the payment of the scholarships or stipends.
2792 All scholarship and stipend awards shall be paid from the
2793 Juvenile Justice Training Trust Fund upon vouchers approved by
2794 the Department of Education and properly certified by the Chief
2795 Financial Officer. Before Prior to the award of a scholarship or
2796 stipend, the juvenile justice employee must agree in writing to
2797 practice her or his profession in juvenile justice or a related
2798 field for 1 month for each month of grant or to repay the full
2799 amount of the scholarship or stipend together with interest at
2800 the rate of 5 percent per annum over a period of up to not to
2801 exceed 10 years. Repayment is shall be made payable to the state
2802 for deposit into the Juvenile Justice Training Trust Fund.
2803 (6)(7) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
2804 MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
2805 Risk Management of the Department of Financial Services is
2806 authorized to insure a private agency, individual, or
2807 corporation operating a state-owned training school under a
2808 contract to carry out the purposes and responsibilities of any
2809 program of the department. The coverage authorized under this
2810 subsection is subject to herein shall be under the same general
2811 terms and conditions as the coverage afforded the department is
2812 insured for its responsibilities under chapter 284.
2813 Section 35. Subsection (5) of section 985.664, Florida
2814 Statutes, is amended to read:
2815 985.664 Juvenile justice circuit advisory boards.—
2816 (5)(a) To form the initial juvenile justice circuit
2817 advisory board, the Secretary of Juvenile Justice, in
2818 consultation with the juvenile justice county councils in
2819 existence on October 1, 2013, shall appoint the chair of the
2820 board, who must meet the board membership requirements in
2821 subsection (4). Within 45 days after being appointed, the chair
2822 shall appoint the remaining members to the juvenile justice
2823 circuit advisory board and submit the appointments to the
2824 department for approval.
2825 (b) Thereafter, When a vacancy in the office of the chair
2826 occurs, the Secretary of Juvenile Justice, in consultation with
2827 the juvenile justice circuit advisory board, shall appoint a new
2828 chair, who must meet the board membership requirements in
2829 subsection (4). The chair shall appoint members to vacant seats
2830 within 45 days after the vacancy and submit the appointments to
2831 the department for approval. The chair serves at the pleasure of
2832 the Secretary of Juvenile Justice.
2833 Section 36. Subsections (1) and (4) of section 985.672,
2834 Florida Statutes, are amended to read:
2835 985.672 Direct-support organization; definition; use of
2836 property; board of directors; audit.—
2837 (1) DEFINITION.—As used in this section, the term “direct
2838 support organization” means an organization whose sole purpose
2839 is to support the juvenile justice system and which is:
2840 (a) A corporation not-for-profit incorporated under chapter
2841 617 and which is approved by the Department of State;
2842 (b) Organized and operated to conduct programs and
2843 activities; to raise funds; to request and receive grants,
2844 gifts, and bequests of moneys; to acquire, receive, hold,
2845 invest, and administer, in its own name, securities, funds,
2846 objects of value, or other property, real or personal property;
2847 and to make expenditures to or for the direct or indirect
2848 benefit of the Department of Juvenile Justice or the juvenile
2849 justice system operated by a county commission or a circuit
2850 board;
2851 (c) Determined by the Department of Juvenile Justice to be
2852 consistent with the goals of the juvenile justice system, in the
2853 best interest of the state, and in accordance with the adopted
2854 goals and mission of the Department of Juvenile Justice.
2855
2856 Expenditures of the organization shall be expressly used for the
2857 prevention and amelioration of to prevent and ameliorate
2858 juvenile delinquency. Such funds The expenditures of the direct
2859 support organization may not be used for the purpose of lobbying
2860 as defined in s. 11.045.
2861 (4) USE OF PROPERTY.—The department may allow permit,
2862 without charge, appropriate use of fixed property, and
2863 facilities, and personnel services of the juvenile justice
2864 system by the direct-support organization, subject to the
2865 provisions of this section. For the purposes of this subsection,
2866 the term “personnel services” includes full-time or part-time
2867 personnel as well as payroll processing services.
2868 (a) The department may prescribe any condition with which
2869 the direct-support organization must comply in order to use
2870 fixed property or facilities of the juvenile justice system.
2871 (b) The department may not permit the use of any fixed
2872 property or facilities of the juvenile justice system by the
2873 direct-support organization if it does not provide equal
2874 membership and employment opportunities to all persons
2875 regardless of race, color, religion, sex, age, or national
2876 origin.
2877 (c) The department shall adopt rules prescribing the
2878 procedures by which the direct-support organization is governed
2879 and any conditions with which a direct-support organization must
2880 comply to use property or facilities of the department.
2881 Section 37. Section 985.682, Florida Statutes, is amended
2882 to read:
2883 985.682 Siting of facilities; study; criteria.—
2884 (1) The department is directed to conduct or contract for a
2885 statewide comprehensive study to determine current and future
2886 needs for all types of facilities for children committed to the
2887 custody, care, or supervision of the department under this
2888 chapter.
2889 (2) The study shall assess, rank, and designate appropriate
2890 sites, and shall be reflective of the different purposes and
2891 uses for all facilities, based upon the following criteria:
2892 (a) Current and future estimates of children originating
2893 from each county;
2894 (b) Current and future estimates of types of delinquent
2895 acts committed in each county;
2896 (c) Geographic location of existing facilities;
2897 (d) Availability of personnel within the local labor
2898 market;
2899 (e) Current capacity of facilities in the area;
2900 (f) Total usable and developable acreage of various sites
2901 based upon the use and purpose of the facility;
2902 (g) Accessibility of each site to existing utility,
2903 transportation, law enforcement, health care, fire protection,
2904 refuse collection, water, and sewage disposal services;
2905 (h) Susceptibility of each site to flooding hazards or
2906 other adverse natural environmental consequences;
2907 (i) Site location in relation to desirable and undesirable
2908 proximity to other public facilities, including schools;
2909 (j) Patterns of residential growth and projected population
2910 growth; and
2911 (k) Such other criteria as the department, in conjunction
2912 with local governments, deems appropriate.
2913 (3) The department shall recommend certification of the
2914 study by the Governor and Cabinet within 2 months after its
2915 receipt.
2916 (4) Upon certification of the study by the Governor and
2917 Cabinet, the department shall notify those counties designated
2918 as being in need of a facility.
2919 (1)(5) When the department or a contracted provider
2920 proposes a site for a juvenile justice facility, the department
2921 or provider shall request that the local government having
2922 jurisdiction over such proposed site determine whether or not
2923 the proposed site is appropriate for public use under local
2924 government comprehensive plans, local land use ordinances, local
2925 zoning ordinances or regulations, and other local ordinances in
2926 effect at the time of such request. If no such determination is
2927 made within 90 days after the request, it is shall be presumed
2928 that the proposed site is in compliance with such plans,
2929 ordinances, or regulations.
2930 (2)(6) If the local government determines within 90 days
2931 after the request that construction of a facility on the
2932 proposed site does not comply with any such plan, ordinance, or
2933 regulation, the department may request a modification of such
2934 plan, ordinance, or regulation without having an ownership
2935 interest in such property. For the purposes of this section,
2936 modification includes, but is not limited to, a variance,
2937 rezoning, special exception, or any other action of the local
2938 government having jurisdiction over the proposed site which
2939 would authorize siting of a facility.
2940 (3)(7) Upon receipt of a request for modification from the
2941 department, the local government may recommend and hold a public
2942 hearing on the request for modification in the same manner as
2943 for a rezoning as provided under the appropriate special or
2944 local law or ordinance, except that such proceeding shall be
2945 recorded by tape or by a certified court reporter and made
2946 available for transcription at the expense of any interested
2947 party.
2948 (4)(8) If When the department requests such a modification
2949 and it is denied by the local government, the local government
2950 or the department shall initiate the dispute resolution process
2951 established under s. 186.509 to reconcile differences on the
2952 siting of correctional facilities between the department, local
2953 governments, and private citizens. If the regional planning
2954 council has not established a dispute resolution process
2955 pursuant to s. 186.509, the department shall establish, by rule,
2956 procedures for dispute resolution. The dispute resolution
2957 process must shall require the parties to commence meetings to
2958 reconcile their differences. If the parties fail to resolve
2959 their differences within 30 days after the denial, they the
2960 parties shall engage in voluntary mediation or a similar
2961 process. If the parties fail to resolve their differences by
2962 mediation within 60 days after the denial, or if no action is
2963 taken on the department’s request within 90 days after the
2964 request, the department must appeal the decision of the local
2965 government on the requested modification of local plans,
2966 ordinances, or regulations to the Governor and Cabinet. A Any
2967 dispute resolution process initiated under this section must
2968 conform to the time limitations set forth in this subsection
2969 herein. However, upon agreement of all parties, the time limits
2970 may be extended, but in no event may the dispute resolution
2971 process may not extend beyond over 180 days.
2972 (5)(9) The Governor and Cabinet shall consider the
2973 following when determining whether to grant the appeal from the
2974 decision of the local government on the requested modification:
2975 (a) The record of the proceedings before the local
2976 government.
2977 (b) Reports and studies by any other agency relating to
2978 matters within the jurisdiction of such agency which may be
2979 potentially affected by the proposed site.
2980 (c) The statewide study, as established in subsection (1);
2981 other Existing studies; reports and information maintained by
2982 the department as the Governor and Cabinet may request
2983 addressing the feasibility and availability of alternative sites
2984 in the general area; and the need for a facility in the area
2985 based on the average number of petitions, commitments, and
2986 transfers into the criminal court from the county to state
2987 facilities for the 3 most recent 3 calendar years.
2988 (6)(10) The Governor and Cabinet, upon determining that the
2989 local government has not recommended a no feasible alternative
2990 site and that the interests of the state in providing facilities
2991 outweigh the concerns of the local government, shall authorize
2992 construction and operation of a facility on the proposed site
2993 notwithstanding any local plan, ordinance, or regulation.
2994 (7)(11) The Governor and Cabinet may adopt rules of
2995 procedure to govern these proceedings in accordance with the
2996 provisions of s. 120.54.
2997 (8)(12) Actions taken by the department or the Governor and
2998 Cabinet pursuant to this section are not shall not be subject to
2999 the provisions of ss. 120.56, 120.569, and 120.57. The decision
3000 by the Governor and Cabinet is shall be subject to judicial
3001 review pursuant to s. 120.68 in the District Court of Appeal,
3002 First District.
3003 (9)(13) All other departments and agencies of the state
3004 shall cooperate fully with the department to accomplish the
3005 siting of facilities for juvenile offenders.
3006 (10)(14) It is the intent of the Legislature to expedite
3007 the siting of, acquisition of land for, and construction by the
3008 Department of Juvenile Justice of state juvenile justice
3009 facilities operated by the department or a private vendor under
3010 contract with the department. Other agencies shall cooperate
3011 with the department and expeditiously fulfill their
3012 responsibilities to avoid unnecessary delay in the siting of,
3013 acquisition of land for, and construction of state juvenile
3014 justice facilities. This section and all other laws of the state
3015 shall be construed to accomplish this intent. This section takes
3016 shall take precedence over any other law to the contrary.
3017 (11)(15)(a) The department shall acquire land and erect
3018 juvenile justice facilities necessary to accommodate children
3019 committed to the custody, care, or supervision of the
3020 department, and shall make additional alterations to facilities
3021 to accommodate any increase in the number of children. The
3022 department shall establish adequate accommodations for staff of
3023 the department who are required to reside continuously within
3024 the facilities.
3025 (b) Notwithstanding s. 255.25(1) and contingent upon
3026 available funds, the department may enter into lease-purchase
3027 agreements to provide juvenile justice facilities for housing
3028 committed youths, contingent upon available funds. The
3029 facilities provided through such agreements must meet the
3030 program plan and specifications of the department. The
3031 department may enter into such lease agreements with private
3032 corporations and other governmental entities. However, with the
3033 exception of contracts entered into with other governmental
3034 entities, and notwithstanding s. 255.25(3)(a), a lease agreement
3035 may not be entered into except upon advertisement for the
3036 receipt of competitive bids and award to the lowest and best
3037 bidder except if contracting with other governmental entities.
3038 (c) A lease-purchase agreement that is for a term extending
3039 beyond the end of a fiscal year is subject to the provisions of
3040 s. 216.311.
3041 (12)(16)(a) Notwithstanding s. 253.025 or s. 287.057, if
3042 when the department finds it necessary for timely site
3043 acquisition, it may contract, without using the competitive
3044 selection procedure, with an appraiser whose name is on the list
3045 of approved appraisers maintained by the Division of State Lands
3046 of the Department of Environmental Protection under s.
3047 253.025(6)(b). If When the department directly contracts for
3048 appraisal services, it must contract with an approved appraiser
3049 who is not employed by the same appraisal firm for review
3050 services.
3051 (b) Notwithstanding s. 253.025(6), the department may
3052 negotiate and enter into an option contract before an appraisal
3053 is obtained. The option contract must state that the final
3054 purchase price may not exceed the maximum value allowed by law.
3055 The consideration for such an option contract may not exceed 10
3056 percent of the estimate obtained by the department or 10 percent
3057 of the value of the parcel, whichever amount is greater.
3058 (c) This subsection applies only to a purchase or
3059 acquisition of land for juvenile justice facilities. This
3060 subsection does not modify the authority of the Board of
3061 Trustees of the Internal Improvement Trust Fund or the Division
3062 of State Lands of the Department of Environmental Protection to
3063 approve any contract for purchase of state lands as provided by
3064 law or to require policies and procedures to obtain clear legal
3065 title to parcels purchased for state purposes.
3066 (13)(17) The department may sell, to the best possible
3067 advantage, any detached parcels of land belonging to the bodies
3068 of land purchased for the state juvenile justice facilities. The
3069 department may purchase any parcel of land contiguous with the
3070 lands purchased for state juvenile justice facilities.
3071 (14)(18) The department may begin preliminary site
3072 preparation and obtain the appropriate permits for the
3073 construction of a juvenile justice facility after approval of
3074 the lease-purchase agreement or option contract by the Board of
3075 Trustees of the Internal Improvement Trust Fund of the lease
3076 purchase agreement or option contract if, in the department
3077 determines that department’s discretion, commencing construction
3078 is in the best interests of the state.
3079 (15)(19) If Insofar as the provisions of this section is
3080 are inconsistent with the provisions of any other general,
3081 special, or local law, general, special, or local, the
3082 provisions of this section is are controlling. Additionally, the
3083 criteria and procedures established under set forth in this
3084 section supersede and are in lieu of any review and approval
3085 required by s. 380.06.
3086 Section 38. Section 985.69, Florida Statutes, is amended to
3087 read:
3088 985.69 Repair and maintenance One-time startup funding for
3089 juvenile justice purposes.—Funds from juvenile justice
3090 appropriations may be used utilized as one-time startup funding
3091 for juvenile justice purposes that include, but are not limited
3092 to, remodeling or renovation of existing facilities,
3093 construction costs, leasing costs, purchase of equipment and
3094 furniture, site development, and other necessary and reasonable
3095 costs associated with the repair and maintenance startup of
3096 facilities or programs.
3097 Section 39. Section 985.694, Florida Statutes, is repealed.
3098 Section 40. Paragraph (a) of subsection (1) of section
3099 985.701, Florida Statutes, is reordered and amended to read:
3100 985.701 Sexual misconduct prohibited; reporting required;
3101 penalties.—
3102 (1)(a)1. As used in this section subsection, the term:
3103 c.a. “Sexual misconduct” means fondling the genital area,
3104 groin, inner thighs, buttocks, or breasts of a person; the oral,
3105 anal, or vaginal penetration by or union with the sexual organ
3106 of another; or the anal or vaginal penetration of another by any
3107 other object. The term does not include an act done for a bona
3108 fide medical purpose or an internal search conducted in the
3109 lawful performance of duty by an employee of the department or
3110 an employee of a provider under contract with the department.
3111 a.b. “Employee” means a includes paid staff member members,
3112 a volunteer volunteers, or an intern and interns who works work
3113 in a department program or a program operated by a provider
3114 under a contract.
3115 b. “Juvenile offender” means a person of any age who is
3116 detained or supervised by, or committed to the custody of, the
3117 department.
3118 2. An employee who engages in sexual misconduct with a
3119 juvenile offender detained or supervised by, or committed to the
3120 custody of, the department commits a felony of the second
3121 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3122 775.084. An employee may be found guilty of violating this
3123 subsection without having committed the crime of sexual battery.
3124 3. The consent of the juvenile offender to any act of
3125 sexual misconduct is not a defense to prosecution under this
3126 subsection.
3127 4. This subsection does not apply to an employee of the
3128 department, or an employee of a provider under contract with the
3129 department, who:
3130 a. Is legally married to a juvenile offender who is
3131 detained or supervised by, or committed to the custody of, the
3132 department.
3133 b. Has no reason to believe that the person with whom the
3134 employee engaged in sexual misconduct is a juvenile offender
3135 detained or supervised by, or committed to the custody of, the
3136 department.
3137 Section 41. Section 985.702, Florida Statutes, is created
3138 to read:
3139 985.702 Willful and malicious neglect of a juvenile
3140 offender prohibited; reporting required; penalties.—
3141 (1) As used in this section, the term:
3142 (a) “Employee” means a paid staff member, volunteer, or
3143 intern who works in a department program or a program operated
3144 by a provider under a contract with the department.
3145 (b) “Juvenile offender” means a person of any age who is
3146 detained by, or committed to the custody of, the department.
3147 (c) “Neglect” means:
3148 1. An employee’s failure or omission to provide a juvenile
3149 offender with the proper level of care, supervision, and
3150 services necessary to maintain the juvenile offender’s physical
3151 and mental health, including, but not limited to, adequate food,
3152 nutrition, clothing, shelter, supervision, medicine, and medical
3153 services; or
3154 2. An employee’s failure to make a reasonable effort to
3155 protect a juvenile offender from abuse, neglect, or exploitation
3156 by another person.
3157 (2)(a) An employee who willfully and maliciously neglects a
3158 juvenile offender without causing great bodily harm, permanent
3159 disability, or permanent disfigurement to a juvenile offender,
3160 commits a felony of the third degree, punishable as provided in
3161 s. 775.082, s. 775.083, or s. 775.084.
3162 (b) An employee who willfully and maliciously neglects a
3163 juvenile offender and in so doing causes great bodily harm,
3164 permanent disability, or permanent disfigurement to a juvenile
3165 offender, commits a felony of the second degree, punishable as
3166 provided in s. 775.082, s. 775.083, or s. 775.084.
3167 (c) Notwithstanding prosecution, any violation of paragraph
3168 (a) or paragraph (b), as determined by the Public Employees
3169 Relations Commission, constitutes sufficient cause under s.
3170 110.227 for dismissal from employment with the department, and a
3171 person who commits such violation may not again be employed in
3172 any capacity in connection with the juvenile justice system.
3173 (3) An employee who witnesses the neglect of a juvenile
3174 offender shall immediately report the incident to the
3175 department’s incident hotline and prepare, date, and sign an
3176 independent report that specifically describes the nature of the
3177 incident, the location and time of the incident, and the persons
3178 involved. The employee shall deliver the report to the
3179 employee’s supervisor or program director, who must provide
3180 copies to the department’s inspector general and the circuit
3181 juvenile justice manager. The inspector general shall
3182 immediately conduct an appropriate administrative investigation,
3183 and, if there is probable cause to believe that a violation of
3184 subsection (2) has occurred, the inspector general shall notify
3185 the state attorney in the circuit in which the incident
3186 occurred.
3187 (4)(a) A person who is required to prepare a report under
3188 this section and who knowingly or willfully fails to do so, or
3189 who knowingly or willfully prevents another person from doing
3190 so, commits a misdemeanor of the first degree, punishable as
3191 provided in s. 775.082 or s. 775.083.
3192 (b) A person who knowingly or willfully submits inaccurate,
3193 incomplete, or untruthful information with respect to a report
3194 required under this section commits a misdemeanor of the first
3195 degree, punishable as provided in s. 775.082 or s. 775.083.
3196 (c) A person who knowingly or willfully coerces or
3197 threatens any other person with the intent to alter testimony or
3198 a written report regarding the neglect of a juvenile offender
3199 commits a felony of the third degree, punishable as provided in
3200 s. 775.082, s. 775.083, or s. 775.084.
3201 Section 42. Paragraphs (c) and (f) of subsection (3) of
3202 section 943.0582, Florida Statutes, are amended to read:
3203 943.0582 Prearrest, postarrest, or teen court diversion
3204 program expunction.—
3205 (3) The department shall expunge the nonjudicial arrest
3206 record of a minor who has successfully completed a prearrest or
3207 postarrest diversion program if that minor:
3208 (c) Submits to the department, with the application, an
3209 official written statement from the state attorney for the
3210 county in which the arrest occurred certifying that he or she
3211 has successfully completed that county’s prearrest or postarrest
3212 diversion program, that his or her participation in the program
3213 was based on an arrest for a nonviolent misdemeanor, and that he
3214 or she has not otherwise been charged by the state attorney with
3215 or found to have committed any criminal offense or comparable
3216 ordinance violation.
3217 (f) Has never, prior to filing the application for
3218 expunction, been charged by the state attorney with or been
3219 found to have committed any criminal offense or comparable
3220 ordinance violation.
3221 Section 43. Section 945.75, Florida Statutes, is repealed.
3222 Section 44. Paragraphs (e) through (i) of subsection (2),
3223 paragraphs (g) and (k) of subsection (3), paragraph (b) of
3224 subsection (5), paragraph (d) of subsection (8), and paragraph
3225 (c) of subsection (10) of section 121.0515, Florida Statutes,
3226 are amended to read:
3227 121.0515 Special Risk Class.—
3228 (2) MEMBERSHIP.—
3229 (e) Effective July 1, 2001, “special risk member” includes
3230 any member who is employed as a youth custody officer by the
3231 Department of Juvenile Justice and meets the special criteria
3232 set forth in paragraph (3)(g).
3233 (e)(f) Effective October 1, 2005, through June 30, 2008,
3234 the member must be employed by a law enforcement agency or
3235 medical examiner’s office in a forensic discipline and meet the
3236 special criteria set forth in paragraph (3)(g) (3)(h).
3237 (f)(g) Effective July 1, 2008, the member must be employed
3238 by the Department of Law Enforcement in the crime laboratory or
3239 by the Division of State Fire Marshal in the forensic laboratory
3240 and meet the special criteria set forth in paragraph (3)(h)
3241 (3)(i).
3242 (g)(h) Effective July 1, 2008, the member must be employed
3243 by a local government law enforcement agency or medical
3244 examiner’s office and meet the special criteria set forth in
3245 paragraph (3)(i) (3)(j).
3246 (h)(i) Effective August 1, 2008, “special risk member”
3247 includes any member who meets the special criteria for continued
3248 membership set forth in paragraph (3)(j) (3)(k).
3249 (3) CRITERIA.—A member, to be designated as a special risk
3250 member, must meet the following criteria:
3251 (g) Effective July 1, 2001, the member must be employed as
3252 a youth custody officer and be certified, or required to be
3253 certified, in compliance with s. 943.1395. In addition, the
3254 member’s primary duties and responsibilities must be the
3255 supervised custody, surveillance, control, investigation,
3256 apprehension, arrest, and counseling of assigned juveniles
3257 within the community;
3258 (j)(k) The member must have already qualified for and be
3259 actively participating in special risk membership under
3260 paragraph (a), paragraph (b), or paragraph (c), must have
3261 suffered a qualifying injury as defined in this paragraph, must
3262 not be receiving disability retirement benefits as provided in
3263 s. 121.091(4), and must satisfy the requirements of this
3264 paragraph.
3265 1. The ability to qualify for the class of membership
3266 defined in paragraph (2)(h) (2)(i) occurs when two licensed
3267 medical physicians, one of whom is a primary treating physician
3268 of the member, certify the existence of the physical injury and
3269 medical condition that constitute a qualifying injury as defined
3270 in this paragraph and that the member has reached maximum
3271 medical improvement after August 1, 2008. The certifications
3272 from the licensed medical physicians must include, at a minimum,
3273 that the injury to the special risk member has resulted in a
3274 physical loss, or loss of use, of at least two of the following:
3275 left arm, right arm, left leg, or right leg; and:
3276 a. That this physical loss or loss of use is total and
3277 permanent, except if the loss of use is due to a physical injury
3278 to the member’s brain, in which event the loss of use is
3279 permanent with at least 75 percent loss of motor function with
3280 respect to each arm or leg affected.
3281 b. That this physical loss or loss of use renders the
3282 member physically unable to perform the essential job functions
3283 of his or her special risk position.
3284 c. That, notwithstanding this physical loss or loss of use,
3285 the individual can perform the essential job functions required
3286 by the member’s new position, as provided in subparagraph 3.
3287 d. That use of artificial limbs is not possible or does not
3288 alter the member’s ability to perform the essential job
3289 functions of the member’s position.
3290 e. That the physical loss or loss of use is a direct result
3291 of a physical injury and not a result of any mental,
3292 psychological, or emotional injury.
3293 2. For the purposes of this paragraph, “qualifying injury”
3294 means an injury sustained in the line of duty, as certified by
3295 the member’s employing agency, by a special risk member that
3296 does not result in total and permanent disability as defined in
3297 s. 121.091(4)(b). An injury is a qualifying injury if the injury
3298 is a physical injury to the member’s physical body resulting in
3299 a physical loss, or loss of use, of at least two of the
3300 following: left arm, right arm, left leg, or right leg.
3301 Notwithstanding any other provision of this section, an injury
3302 that would otherwise qualify as a qualifying injury is not
3303 considered a qualifying injury if and when the member ceases
3304 employment with the employer for whom he or she was providing
3305 special risk services on the date the injury occurred.
3306 3. The new position, as described in sub-subparagraph 1.c.,
3307 that is required for qualification as a special risk member
3308 under this paragraph is not required to be a position with
3309 essential job functions that entitle an individual to special
3310 risk membership. Whether a new position as described in sub
3311 subparagraph 1.c. exists and is available to the special risk
3312 member is a decision to be made solely by the employer in
3313 accordance with its hiring practices and applicable law.
3314 4. This paragraph does not grant or create additional
3315 rights for any individual to continued employment or to be hired
3316 or rehired by his or her employer that are not already provided
3317 within the Florida Statutes, the State Constitution, the
3318 Americans with Disabilities Act, if applicable, or any other
3319 applicable state or federal law.
3320 (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
3321 (b) Any member who is a special risk member on July 1,
3322 2008, and who became eligible to participate under paragraph
3323 (3)(g) (3)(h) but fails to meet the criteria for Special Risk
3324 Class membership established by paragraph (3)(h) (3)(i) or
3325 paragraph (3)(i) (3)(j) shall have his or her special risk
3326 designation removed and thereafter shall be a Regular Class
3327 member and earn only Regular Class membership credit. The
3328 department may review the special risk designation of members to
3329 determine whether or not those members continue to meet the
3330 criteria for Special Risk Class membership.
3331 (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
3332 (d) Notwithstanding any other provision of this subsection,
3333 this subsection does not apply to any special risk member who
3334 qualifies for continued membership pursuant to paragraph (3)(j)
3335 (3)(k).
3336 (10) CREDIT FOR UPGRADED SERVICE.—
3337 (c) Any member of the Special Risk Class who has earned
3338 creditable service through June 30, 2008, in another membership
3339 class of the Florida Retirement System in a position with the
3340 Department of Law Enforcement or the Division of State Fire
3341 Marshal and became covered by the Special Risk Class as
3342 described in paragraph (3)(h) (3)(i), or with a local government
3343 law enforcement agency or medical examiner’s office and became
3344 covered by the Special Risk Class as described in paragraph
3345 (3)(i) (3)(j), which service is within the purview of the
3346 Special Risk Class, and is employed in such position on or after
3347 July 1, 2008, may purchase additional retirement credit to
3348 upgrade such service to Special Risk Class service, to the
3349 extent of the percentages of the member’s average final
3350 compensation provided in s. 121.091(1)(a)2. The cost for such
3351 credit must be an amount representing the actuarial accrued
3352 liability for the difference in accrual value during the
3353 affected period of service. The cost shall be calculated using
3354 the discount rate and other relevant actuarial assumptions that
3355 were used to value the Florida Retirement System Pension Plan
3356 liabilities in the most recent actuarial valuation. The division
3357 shall ensure that the transfer sum is prepared using a formula
3358 and methodology certified by an enrolled actuary. The cost must
3359 be paid immediately upon notification by the division. The local
3360 government employer may purchase the upgraded service credit on
3361 behalf of the member if the member has been employed by that
3362 employer for at least 3 years.
3363 Section 45. Subsection (5) of section 985.045, Florida
3364 Statutes, is amended to read:
3365 985.045 Court records.—
3366 (5) This chapter does not prohibit a circuit court from
3367 providing a restitution order containing the information
3368 prescribed in s. 985.0301(5)(e) s. 985.0301(5)(h) to a
3369 collection court or a private collection agency for the sole
3370 purpose of collecting unpaid restitution ordered in a case in
3371 which the circuit court has retained jurisdiction over the child
3372 and the child’s parent or legal guardian. The collection court
3373 or private collection agency shall maintain the confidential
3374 status of the information to the extent such confidentiality is
3375 provided by law.
3376 Section 46. Section 985.721, Florida Statutes, is amended
3377 to read:
3378 985.721 Escapes from secure detention or residential
3379 commitment facility.—An escape from:
3380 (1) Any secure detention facility maintained for the
3381 temporary detention of children, pending adjudication,
3382 disposition, or placement;
3383 (2) Any residential commitment facility described in s.
3384 985.03(41) s. 985.03(46), maintained for the custody, treatment,
3385 punishment, or rehabilitation of children found to have
3386 committed delinquent acts or violations of law; or
3387 (3) Lawful transportation to or from any such secure
3388 detention facility or residential commitment facility,
3389
3390 constitutes escape within the intent and meaning of s. 944.40
3391 and is a felony of the third degree, punishable as provided in
3392 s. 775.082, s. 775.083, or s. 775.084.
3393 Section 47. This act shall take effect July 1, 2014.
