Florida Senate - 2009                      CS for CS for SB 2094
       
       
       
       By the Committees on Criminal and Civil Justice Appropriations;
       and Children, Families, and Elder Affairs; and Senator Crist
       
       
       
       604-05712-09                                          20092094c2
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for a delinquent act
    5         within the definition of those children who are
    6         eligible to receive comprehensive mental health
    7         services; amending s. 435.04, F.S., relating to level
    8         2 screening standards; correcting a cross-reference;
    9         amending s. 984.03, F.S.; expanding the meaning of the
   10         term “child in need of services” to include a child 9
   11         years of age or younger at the time of referral to the
   12         Department of Juvenile Justice; amending s. 985.02,
   13         F.S.; providing additional legislative findings and
   14         intent; amending s. 985.03, F.S.; redefining the term
   15         “child in need of services” to provide that a child is
   16         eligible to receive comprehensive services if the
   17         child is 9 years of age or younger at the time of
   18         referral to the department; defining the term
   19         “ordinary medical care in department facilities and
   20         programs”; amending s. 985.125, F.S.; encouraging law
   21         enforcement agencies, school districts, counties,
   22         municipalities, and the Department of Juvenile Justice
   23         to establish prearrest or postarrest diversion
   24         programs for first-time misdemeanor offenders who are
   25         9 years of age or younger; amending s. 985.441, F.S.;
   26         providing that a court may commit a female child
   27         adjudicated as delinquent to the department for
   28         placement in a mother-infant program designed to serve
   29         the needs of the juvenile mothers or expectant
   30         juvenile mothers who are committed as delinquents;
   31         requiring the department to adopt rules to govern the
   32         operation of the mother-infant program; amending s.
   33         985.601, F.S.; requiring that the department adopt
   34         rules to ensure the effective delivery of services to
   35         children in the care and custody of the department;
   36         requiring the department to coordinate its rule
   37         adoption process with the Department of Children and
   38         Family Services and the Agency for Persons with
   39         Disabilities; amending s. 985.644, F.S.; eliminating
   40         the exemption from background screening previously
   41         granted to a volunteer who assists on an intermittent
   42         basis for less than 40 hours per month in programs
   43         serving children if the volunteer was under direct and
   44         constant supervision by persons who meet the screening
   45         requirements; eliminating the Juvenile Justice
   46         Standards and Training Commission; providing that the
   47         department rather than the commission is responsible
   48         for juvenile justice staff development and training;
   49         detailing the minimum qualifications for juvenile
   50         justice staff of the department and contract providers
   51         who deliver direct-care services to children; amending
   52         s. 985.664, F.S.; specifying the persons, entities,
   53         and organizations with which the juvenile justice
   54         circuit boards and county councils are required to
   55         collaborate in order to facilitate interagency
   56         cooperation and information sharing; requiring the
   57         interagency collaboration agreement to specify how the
   58         entities will share information to achieve certain
   59         goals; requiring juvenile justice circuit boards and
   60         county councils to use due diligence in notifying the
   61         community of board vacancies; providing an effective
   62         date.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Paragraph (i) is added to subsection (4) of
   67  section 394.492, Florida Statutes, to read:
   68         394.492 Definitions.—As used in ss. 394.490-394.497, the
   69  term:
   70         (4) “Child or adolescent at risk of emotional disturbance”
   71  means a person under 18 years of age who has an increased
   72  likelihood of becoming emotionally disturbed because of risk
   73  factors that include, but are not limited to:
   74         (i)Being 9 years of age or younger at the time of referral
   75  for a delinquent act.
   76         Section 2. Paragraph (b) of subsection (4) of section
   77  435.04, Florida Statutes, is amended to read:
   78         435.04 Level 2 screening standards.—
   79         (4) Standards must also ensure that the person:
   80         (b) Has not committed an act that constitutes domestic
   81  violence as defined in s. 741.28 s. 741.30.
   82         Section 3. Subsection (9) of section 984.03, Florida
   83  Statutes, is amended to read:
   84         984.03 Definitions.—When used in this chapter, the term:
   85         (9) “Child in need of services” means a child for whom
   86  there is no pending investigation into an allegation or
   87  suspicion of abuse, neglect, or abandonment; no pending referral
   88  alleging that the child is delinquent, except if the child is 9
   89  years of age or younger at the time of referral to the
   90  department; or no current supervision by the department of
   91  Juvenile Justice or the Department of Children and Family
   92  Services for an adjudication of dependency or delinquency. The
   93  child must also, pursuant to this chapter, be found by the
   94  court:
   95         (a) To have persistently run away from the child’s parents
   96  or legal custodians despite reasonable efforts of the child, the
   97  parents or legal custodians, and appropriate agencies to remedy
   98  the conditions contributing to the behavior. Reasonable efforts
   99  shall include voluntary participation by the child’s parents or
  100  legal custodians and the child in family mediation, services,
  101  and treatment offered by the department of Juvenile Justice or
  102  the Department of Children and Family Services;
  103         (b) To be habitually truant from school, while subject to
  104  compulsory school attendance, despite reasonable efforts to
  105  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
  106  through voluntary participation by the child’s parents or legal
  107  custodians and by the child in family mediation, services, and
  108  treatment offered by the department of Juvenile Justice or the
  109  Department of Children and Family Services; or
  110         (c) To have persistently disobeyed the reasonable and
  111  lawful demands of the child’s parents or legal custodians, and
  112  to be beyond their control despite efforts by the child’s
  113  parents or legal custodians and appropriate agencies to remedy
  114  the conditions contributing to the behavior. Reasonable efforts
  115  may include such things as good faith participation in family or
  116  individual counseling; or.
  117         (d)To be 9 years of age or younger and have been referred
  118  to the department for committing a delinquent act.
  119         Section 4. Subsection (9) is added to section 985.02,
  120  Florida Statutes, to read:
  121         985.02 Legislative intent for the juvenile justice system.—
  122         (9)CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  123  finds that very young children need age-appropriate services in
  124  order to prevent and reduce future acts of delinquency. Children
  125  who are 9 years of age or younger who have been determined by
  126  the court to pose no danger to the community and are unlikely to
  127  recidivate, should be diverted into prearrest or postarrest
  128  programs, civil citation programs, or children-in-need-of
  129  services and families-in-need-of-services programs, as
  130  appropriate. If, upon findings from the needs assessment, the
  131  child is found to be in need of mental health services or
  132  substance abuse treatment services, the department shall
  133  cooperate with the parent or legal guardian and the Department
  134  of Children and Family Services, as appropriate, to identify the
  135  most appropriate services and supports and available funding
  136  sources to meet the needs of the child.
  137         Section 5. Subsection (7) of section 985.03, Florida
  138  Statutes, is amended, present subsections (39) through (57) are
  139  redesignated as subsections (40) through (58), respectively, and
  140  a new subsection (39) is added to that section, to read:
  141         985.03 Definitions.—As used in this chapter, the term:
  142         (7) “Child in need of services” means a child for whom
  143  there is no pending investigation into an allegation or
  144  suspicion of abuse, neglect, or abandonment; no pending referral
  145  alleging that the child is delinquent, except if the child is 9
  146  years of age or younger at the time of referral to the
  147  department; or no current supervision by the department or the
  148  Department of Children and Family Services for an adjudication
  149  of dependency or delinquency. The child must also, under this
  150  chapter, be found by the court:
  151         (a) To have persistently run away from the child’s parents
  152  or legal custodians despite reasonable efforts of the child, the
  153  parents or legal custodians, and appropriate agencies to remedy
  154  the conditions contributing to the behavior. Reasonable efforts
  155  shall include voluntary participation by the child’s parents or
  156  legal custodians and the child in family mediation, services,
  157  and treatment offered by the department or the Department of
  158  Children and Family Services;
  159         (b) To be habitually truant from school, while subject to
  160  compulsory school attendance, despite reasonable efforts to
  161  remedy the situation under ss. 1003.26 and 1003.27 and through
  162  voluntary participation by the child’s parents or legal
  163  custodians and by the child in family mediation, services, and
  164  treatment offered by the department of Juvenile Justice or the
  165  Department of Children and Family Services; or
  166         (c) To have persistently disobeyed the reasonable and
  167  lawful demands of the child’s parents or legal custodians, and
  168  to be beyond their control despite efforts by the child’s
  169  parents or legal custodians and appropriate agencies to remedy
  170  the conditions contributing to the behavior. Reasonable efforts
  171  may include such things as good faith participation in family or
  172  individual counseling; or.
  173         (d)To have been referred for a delinquent act at the age
  174  of 9 years or younger.
  175         (39)“Ordinary medical care in department facilities and
  176  programs” means medical procedures that are administered or
  177  performed on a routine basis and include, but are not limited
  178  to, inoculations, physical examinations, remedial treatment for
  179  minor illnesses and injuries, preventive services, medication
  180  management, chronic disease detection and treatment, and other
  181  medical procedures that are administered or performed on a
  182  routine basis and that do not involve hospitalization, surgery,
  183  or use of general anesthesia.
  184         Section 6. Subsection (1) of section 985.125, Florida
  185  Statutes, is amended to read:
  186         985.125 Prearrest or postarrest diversion programs.—
  187         (1) A law enforcement agency, or school district, county,
  188  municipality, or the department, in cooperation with the state
  189  attorney, is encouraged to may establish a prearrest or
  190  postarrest diversion programs for first-time misdemeanor
  191  offenders and offenders who are 9 years of age or younger
  192  program.
  193         Section 7. Paragraph (e) is added to subsection (1) of
  194  section 985.441, Florida Statutes, to read:
  195         985.441 Commitment.—
  196         (1) The court that has jurisdiction of an adjudicated
  197  delinquent child may, by an order stating the facts upon which a
  198  determination of a sanction and rehabilitative program was made
  199  at the disposition hearing:
  200         (e)Commit the child to the department for placement in a
  201  mother-infant program designed to serve the needs of the
  202  juvenile mothers or expectant juvenile mothers who are committed
  203  as delinquents. The department’s mother-infant program must be
  204  licensed as a child care facility in accordance with s. 402.308,
  205  and must provide the services and support necessary to enable
  206  the committed juvenile mothers to provide for the needs of their
  207  infants who, upon agreement of the mother, may accompany them in
  208  the program. The department shall adopt rules to govern the
  209  operation of such programs.
  210         Section 8. Subsection (2) of section 985.601, Florida
  211  Statutes, is amended to read:
  212         985.601 Administering the juvenile justice continuum.—
  213         (2)(a) The department shall develop and implement an
  214  appropriate continuum of care that provides individualized,
  215  multidisciplinary assessments, objective evaluations of relative
  216  risks, and the matching of needs with placements for all
  217  children under its care, and that uses a system of case
  218  management to facilitate each child being appropriately
  219  assessed, provided with services, and placed in a program that
  220  meets the child’s needs.
  221         (b)The department shall adopt rules to ensure the
  222  effective delivery of services to children in the department’s
  223  care and custody. The rules must address the delivery of:
  224         1.Ordinary medical care in department facilities and
  225  programs;
  226         2.Mental health services in department facilities and
  227  programs;
  228         3.Substance abuse treatment services in department
  229  facilities and programs; and
  230         4.Services to children with developmental disabilities in
  231  department facilities and programs.
  232  
  233  The department shall coordinate its rulemaking with the
  234  Department of Children and Family Services and the Agency for
  235  Persons with Disabilities to ensure that the rules adopted under
  236  this section do not encroach upon the substantive jurisdiction
  237  of those agencies. The department shall include the above
  238  mentioned entities in the rulemaking process, as appropriate.
  239         Section 9. Section 985.644, Florida Statutes, is amended to
  240  read:
  241         985.644 Departmental contracting powers; personnel
  242  standards and screening.—
  243         (1) The department of Juvenile Justice or the Department of
  244  Children and Family Services, as appropriate, may contract with
  245  the Federal Government, other state departments and agencies,
  246  county and municipal governments and agencies, public and
  247  private agencies, and private individuals and corporations in
  248  carrying out the purposes of, and the responsibilities
  249  established in, this chapter.
  250         (a) When the department of Juvenile Justice or the
  251  Department of Children and Family Services contracts with a
  252  provider for any program for children, all personnel, including
  253  owners, operators, employees, and volunteers, in the facility
  254  must be of good moral character. Each contract entered into by
  255  either department for services delivered on an appointment or
  256  intermittent basis by a provider that does not have regular
  257  custodial responsibility for children and each contract with a
  258  school for before or aftercare services must ensure that the
  259  owners, operators, and all personnel who have direct contact
  260  with children are of good moral character. A volunteer who
  261  assists on an intermittent basis for less than 40 hours per
  262  month need not be screened if the volunteer is under direct and
  263  constant supervision by persons who meet the screening
  264  requirements.
  265         (b) The department of Juvenile Justice and the Department
  266  of Children and Family Services shall require employment
  267  screening pursuant to chapter 435, using the level 2 standards
  268  set forth in that chapter for personnel in programs for children
  269  or youths.
  270         (c) The department of Juvenile Justice or the Department of
  271  Children and Family Services may grant exemptions from
  272  disqualification from working with children as provided in s.
  273  435.07.
  274         (2) The department may contract with the Federal
  275  Government, other state departments and agencies, county and
  276  municipal governments and agencies, public and private agencies,
  277  and private individuals and corporations in carrying out the
  278  purposes and the responsibilities of the delinquency services
  279  and programs of the department.
  280         (3) The department shall adopt a rule pursuant to chapter
  281  120 establishing a procedure to provide notice of policy changes
  282  that affect contracted delinquency services and programs. A
  283  policy is defined as an operational requirement that applies to
  284  only the specified contracted delinquency service or program.
  285  The procedure shall include:
  286         (a) Public notice of policy development.
  287         (b) Opportunity for public comment on the proposed policy.
  288         (c) Assessment for fiscal impact upon the department and
  289  providers.
  290         (d) The department’s response to comments received.
  291         (4)When the department contracts with a provider for any
  292  delinquency service or program, all personnel, including all
  293  owners, operators, employees, and volunteers in the facility or
  294  providing the service or program shall be of good moral
  295  character. A volunteer who assists on an intermittent basis for
  296  less than 40 hours per month is not required to be screened if
  297  the volunteer is under direct and constant supervision by
  298  persons who meet the screening requirements.
  299         (4)(5)(a) For any person employed by the department, or by
  300  a provider under contract with the department, in delinquency
  301  facilities, services, or programs, the department shall require:
  302         1. A level 2 employment screening pursuant to chapter 435
  303  prior to employment.
  304         2. A federal criminal records check by the Federal Bureau
  305  of Investigation every 5 years following the date of the
  306  person’s employment.
  307         (b) Except for law enforcement, correctional, and
  308  correctional probation officers, to whom s. 943.13(5) applies,
  309  the department shall electronically submit to the Department of
  310  Law Enforcement:
  311         1. Fingerprint information obtained during the employment
  312  screening required by subparagraph (a)1.
  313         2. Beginning on December 15, 2005, Fingerprint information
  314  for all persons employed by the department, or by a provider
  315  under contract with the department, in delinquency facilities,
  316  services, or programs if such fingerprint information has not
  317  previously been electronically submitted to the Department of
  318  Law Enforcement under this paragraph.
  319         (c) All fingerprint information electronically submitted to
  320  the Department of Law Enforcement under paragraph (b) shall be
  321  retained by the Department of Law Enforcement and entered into
  322  the statewide automated fingerprint identification system
  323  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
  324  information shall be available for all purposes and uses
  325  authorized for arrest fingerprint information entered into the
  326  statewide automated fingerprint identification system pursuant
  327  to s. 943.051 until the fingerprint information is removed
  328  pursuant to paragraph (e). The Department of Law Enforcement
  329  shall search all arrest fingerprint information received
  330  pursuant to s. 943.051 against the fingerprint information
  331  entered into the statewide automated fingerprint system pursuant
  332  to this subsection. Any arrest records identified as a result of
  333  the search shall be reported to the department in the manner and
  334  timeframe established by the Department of Law Enforcement by
  335  rule.
  336         (d) The department shall pay an annual fee to the
  337  Department of Law Enforcement for its costs resulting from the
  338  fingerprint information retention services required by this
  339  subsection. The amount of the annual fee and procedures for the
  340  submission and retention of fingerprint information and for the
  341  dissemination of search results shall be established by the
  342  Department of Law Enforcement by a rule that is applicable to
  343  the department individually pursuant to this subsection or that
  344  is applicable to the department and other employing agencies
  345  pursuant to rulemaking authority otherwise provided by law.
  346         (e) The department shall notify the Department of Law
  347  Enforcement when a person whose fingerprint information is
  348  retained by the Department of Law Enforcement under this
  349  subsection is no longer employed by the department, or by a
  350  provider under contract with the department, in a delinquency
  351  facility, service, or program. This notice shall be provided by
  352  the department to the Department of Law Enforcement no later
  353  than 6 months after the date of the change in the person’s
  354  employment status. Fingerprint information for persons
  355  identified by the department in the notice shall be removed from
  356  the statewide automated fingerprint system.
  357         (5)(6) The department may grant exemptions from
  358  disqualification from working with children as provided in s.
  359  435.07.
  360         Section 10. Section 985.66, Florida Statutes, is amended to
  361  read:
  362         985.66 Juvenile justice training academies; staff
  363  development and training Juvenile Justice Standards and Training
  364  Commission; Juvenile Justice Training Trust Fund.—
  365         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
  366  provide a systematic approach to staff development and training
  367  for judges, state attorneys, public defenders, law enforcement
  368  officers, school district personnel, and juvenile justice
  369  program staff that will meet the needs of such persons in their
  370  discharge of duties while at the same time meeting the
  371  requirements for the American Correction Association
  372  accreditation by the Commission on Accreditation for
  373  Corrections, it is the purpose of the Legislature to require the
  374  department to establish, maintain, and oversee the operation of
  375  juvenile justice training academies in the state. The purpose of
  376  the Legislature in establishing staff development and training
  377  programs is to foster better staff morale and reduce
  378  mistreatment and aggressive and abusive behavior in delinquency
  379  programs; to positively impact the recidivism of children in the
  380  juvenile justice system; and to afford greater protection of the
  381  public through an improved level of services delivered by a
  382  professionally trained juvenile justice program staff to
  383  children who are alleged to be or who have been found to be
  384  delinquent.
  385         (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
  386  STANDARDS AND TRAINING COMMISSION.—
  387         (a)There is created under the Department of Juvenile
  388  Justice the Juvenile Justice Standards and Training Commission,
  389  hereinafter referred to as the commission. The 17-member
  390  commission shall consist of the Attorney General or designee,
  391  the Commissioner of Education or designee, a member of the
  392  juvenile court judiciary to be appointed by the Chief Justice of
  393  the Supreme Court, and 14 members to be appointed by the
  394  Secretary of Juvenile Justice as follows:
  395         1.Seven members shall be juvenile justice professionals: a
  396  superintendent or a direct care staff member from an
  397  institution; a director from a contracted community-based
  398  program; a superintendent and a direct care staff member from a
  399  regional detention center or facility; a juvenile probation
  400  officer supervisor and a juvenile probation officer; and a
  401  director of a day treatment or conditional release program. No
  402  fewer than three of these members shall be contract providers.
  403         2.Two members shall be representatives of local law
  404  enforcement agencies.
  405         3.One member shall be an educator from the state’s
  406  university and community college program of criminology,
  407  criminal justice administration, social work, psychology,
  408  sociology, or other field of study pertinent to the training of
  409  juvenile justice program staff.
  410         4.One member shall be a member of the public.
  411         5.One member shall be a state attorney, or assistant state
  412  attorney, who has juvenile court experience.
  413         6.One member shall be a public defender, or assistant
  414  public defender, who has juvenile court experience.
  415         7.One member shall be a representative of the business
  416  community.
  417  
  418  All appointed members shall be appointed to serve terms of 2
  419  years.
  420         (b)The composition of the commission shall be broadly
  421  reflective of the public and shall include minorities and women.
  422  The term “minorities” as used in this paragraph means a member
  423  of a socially or economically disadvantaged group that includes
  424  blacks, Hispanics, and American Indians.
  425         (c)The Department of Juvenile Justice shall provide the
  426  commission with staff necessary to assist the commission in the
  427  performance of its duties.
  428         (d)The commission shall annually elect its chairperson and
  429  other officers. The commission shall hold at least four regular
  430  meetings each year at the call of the chairperson or upon the
  431  written request of three members of the commission. A majority
  432  of the members of the commission constitutes a quorum. Members
  433  of the commission shall serve without compensation but are
  434  entitled to be reimbursed for per diem and travel expenses as
  435  provided by s. 112.061 and these expenses shall be paid from the
  436  Juvenile Justice Training Trust Fund.
  437         (e) The department powers, duties, and functions of the
  438  commission shall be to:
  439         (a)1. Designate the location of the training academies;
  440  develop, implement, maintain, and update the curriculum to be
  441  used in the training of delinquency juvenile justice program
  442  staff; establish timeframes for participation in and completion
  443  of training by delinquency juvenile justice program staff;
  444  develop, implement, maintain, and update job-related
  445  examinations; develop, implement, and update the types and
  446  frequencies of evaluations of the training academies; approve,
  447  modify, or disapprove the budget for the training academies, and
  448  the contractor to be selected to organize and operate the
  449  training academies and to provide the training curriculum.
  450         (b)2. Establish uniform minimum job-related training
  451  courses and examinations for delinquency juvenile justice
  452  program staff.
  453         (c)3. Consult and cooperate with the state or any political
  454  subdivision; any private entity or contractor; and with private
  455  and public universities, colleges, community colleges, and other
  456  educational institutions concerning the development of juvenile
  457  justice training and programs or courses of instruction,
  458  including, but not limited to, education and training in the
  459  areas of juvenile justice.
  460         (d)4.Enter into With the approval of the department, make
  461  and enter into such contracts and agreements with other
  462  agencies, organizations, associations, corporations,
  463  individuals, or federal agencies as the commission determines
  464  are necessary in the execution of the its powers of the
  465  department or the performance of its duties.
  466         5.Make recommendations to the Department of Juvenile
  467  Justice concerning any matter within the purview of this
  468  section.
  469         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
  470  commission shall establish a certifiable program for juvenile
  471  justice training pursuant to this section, and all delinquency
  472  department program staff and providers who deliver direct care
  473  services pursuant to contract with the department shall be
  474  required to participate in and successfully complete the
  475  department-approved commission-approved program of training
  476  pertinent to their areas of responsibility. Judges, state
  477  attorneys, and public defenders, law enforcement officers, and
  478  school district personnel may participate in such training
  479  program. For the delinquency juvenile justice program staff, the
  480  department commission shall, based on a job-task analysis:
  481         (a) Design, implement, maintain, evaluate, and revise a
  482  basic training program, including a competency-based
  483  examination, for the purpose of providing minimum employment
  484  training qualifications for all juvenile justice personnel. All
  485  program staff of the department and providers who deliver
  486  direct-care services who are hired after October 1, 1999, must
  487  meet the following minimum requirements:
  488         1. Be at least 19 years of age.
  489         2. Be a high school graduate or its equivalent as
  490  determined by the department commission.
  491         3. Not have been convicted of any felony or a misdemeanor
  492  involving perjury or a false statement, or have received a
  493  dishonorable discharge from any of the Armed Forces of the
  494  United States. Any person who, after September 30, 1999, pleads
  495  guilty or nolo contendere to or is found guilty of any felony or
  496  a misdemeanor involving perjury or false statement is not
  497  eligible for employment, notwithstanding suspension of sentence
  498  or withholding of adjudication. Notwithstanding this
  499  subparagraph, any person who pled nolo contendere to a
  500  misdemeanor involving a false statement before October 1, 1999,
  501  and who has had such record of that plea sealed or expunged is
  502  not ineligible for employment for that reason.
  503         4. Abide by all the provisions of s. 985.644(1) regarding
  504  fingerprinting and background investigations and other screening
  505  requirements for personnel.
  506         5. Execute and submit to the department an affidavit-of
  507  application form, adopted by the department, attesting to his or
  508  her compliance with subparagraphs 1.-4. The affidavit must be
  509  executed under oath and constitutes an official statement under
  510  s. 837.06. The affidavit must include conspicuous language that
  511  the intentional false execution of the affidavit constitutes a
  512  misdemeanor of the second degree. The employing agency shall
  513  retain the affidavit.
  514         (b) Design, implement, maintain, evaluate, and revise an
  515  advanced training program, including a competency-based
  516  examination for each training course, which is intended to
  517  enhance knowledge, skills, and abilities related to job
  518  performance.
  519         (c) Design, implement, maintain, evaluate, and revise a
  520  career development training program, including a competency
  521  based examination for each training course. Career development
  522  courses are intended to prepare personnel for promotion.
  523         (d) The department commission is encouraged to design,
  524  implement, maintain, evaluate, and revise juvenile justice
  525  training courses, or to enter into contracts for such training
  526  courses, that are intended to provide for the safety and well
  527  being of both citizens and juvenile offenders.
  528         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
  529         (a) There is created within the State Treasury a Juvenile
  530  Justice Training Trust Fund to be used by the Department of
  531  Juvenile Justice for the purpose of funding the development and
  532  updating of a job-task analysis of delinquency program staff
  533  juvenile justice personnel; the development, implementation, and
  534  updating of job-related training courses and examinations; and
  535  the cost of commission-approved juvenile justice training
  536  courses; and reimbursement for expenses as provided in s.
  537  112.061 for members of the commission and staff.
  538         (b) One dollar from every noncriminal traffic infraction
  539  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
  540  deposited into the Juvenile Justice Training Trust Fund.
  541         (c) In addition to the funds generated by paragraph (b),
  542  the trust fund may receive funds from any other public or
  543  private source.
  544         (d) Funds that are not expended by the end of the budget
  545  cycle or through a supplemental budget approved by the
  546  department shall revert to the trust fund.
  547         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
  548  The number, location, and establishment of juvenile justice
  549  training academies shall be determined by the department
  550  commission.
  551         (6) SCHOLARSHIPS AND STIPENDS.—
  552         (a) By rule, the department commission shall establish
  553  criteria to award scholarships or stipends to qualified
  554  delinquency program staff juvenile justice personnel who are
  555  residents of the state who want to pursue a bachelor’s or
  556  associate in arts degree in juvenile justice or a related field.
  557  The department shall handle the administration of the
  558  scholarship or stipend. The Department of Education shall handle
  559  the notes issued for the payment of the scholarships or
  560  stipends. All scholarship and stipend awards shall be paid from
  561  the Juvenile Justice Training Trust Fund upon vouchers approved
  562  by the Department of Education and properly certified by the
  563  Chief Financial Officer. Prior to the award of a scholarship or
  564  stipend, the delinquency program staff juvenile justice employee
  565  must agree in writing to practice her or his profession in
  566  juvenile justice or a related field for 1 month for each month
  567  of grant or to repay the full amount of the scholarship or
  568  stipend together with interest at the rate of 5 percent per
  569  annum over a period not to exceed 10 years. Repayment shall be
  570  made payable to the state for deposit into the Juvenile Justice
  571  Training Trust Fund.
  572         (b) The department commission may establish the scholarship
  573  program by rule and implement the program on or after July 1,
  574  1996.
  575         (7) ADOPTION OF RULES.—The department commission shall
  576  adopt rules as necessary to administer carry out the provisions
  577  of this section.
  578         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
  579  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
  580  Risk Management of the Department of Financial Services is
  581  authorized to insure a private agency, individual, or
  582  corporation operating a state-owned training school under a
  583  contract to carry out the purposes and responsibilities of any
  584  program of the department. The coverage authorized herein shall
  585  be under the same general terms and conditions as the department
  586  is insured for its responsibilities under chapter 284.
  587         (9) DELINQUENCY PROGRAM STAFF DEFINED.As used in this
  588  section, the term “delinquency program staff” means supervisory
  589  and direct care staff of a delinquency program as well as
  590  support staff who have direct contact with children in a
  591  delinquency program that is owned and operated by the
  592  department. The Juvenile Justice Standards and Training
  593  Commission is terminated on June 30, 2001, and such termination
  594  shall be reviewed by the Legislature prior to that date.
  595         Section 11. Subsection (3) of section 985.664, Florida
  596  Statutes, is amended to read:
  597         985.664 Juvenile justice circuit boards and juvenile
  598  justice county councils.—
  599         (3) Juvenile justice circuit boards and county councils
  600  shall also participate in facilitating interagency cooperation
  601  and information sharing with local school authorities, law
  602  enforcement agencies, state attorneys, public defenders,
  603  judicial entities, local representatives of the department, the
  604  Department of Children and Family Services, and faith-based and
  605  community-based organizations for the purpose of forwarding the
  606  goals of the county or circuit plan. An interagency
  607  collaboration agreement shall specify how the community’s
  608  entities will cooperate, collaborate, and share information in
  609  order to achieve the goals of the juvenile justice prevention
  610  and early intervention plan or the comprehensive plan for the
  611  circuit. Juvenile justice circuit boards and county councils
  612  shall use due diligence in notifying the community of board
  613  vacancies through various community outreach outlets, such as
  614  community newspapers, churches, and free public announcements.
  615         Section 12. This act shall take effect July 1, 2009.