Florida Senate - 2009                                    SB 2218
       
       
       
       By Senator Wise
       
       
       
       
       5-01476-09                                            20092218__
    1                        A bill to be entitled                      
    2         An act relating to juvenile and criminal justice;
    3         amending s. 20.316, F.S.; requiring the Department of
    4         Juvenile Justice to establish the Juvenile Justice
    5         Policy Research Institute within the department;
    6         specifying purposes of the institute; amending s.
    7         27.51, F.S.; providing that public defenders are
    8         available to juveniles at all stages of delinquency
    9         court proceedings; amending s. 394.492, F.S.;
   10         providing that a child referred for a delinquent act
   11         when he or she was younger than age 11 may be
   12         considered at risk of emotional disturbance and
   13         therefore subject to referral for mental health
   14         services; amending ss. 984.03 and 985.03, F.S.;
   15         correcting terminology in the definition of “child in
   16         need of services”; amending s. 409.9025, F.S.;
   17         providing for Medicaid eligibility for juveniles
   18         committed to certain residential juvenile programs;
   19         amending s. 943.0515, F.S.; requiring the Department
   20         of Law Enforcement to notify specified agencies of the
   21         criminal history records of a minor which are
   22         expunged; requiring the arresting agency, the county,
   23         and the department to send the notice of expungement
   24         to those entities that received the criminal history
   25         records information; requiring that criminal history
   26         records that are to be expunged be physically
   27         destroyed or obliterated by the criminal justice
   28         agency having physical custody of the records;
   29         providing an exception; amending s. 943.0585, F.S.;
   30         prohibiting certain criminal history records from
   31         being expunged; providing that other records may be
   32         expunged under certain circumstances; providing that
   33         certain information be included in the application for
   34         a certificate of eligibility for expunction; providing
   35         for county responsibilities when a county has
   36         disseminated criminal history record information that
   37         is the subject of an expungement order; prohibiting an
   38         agency, organization, or company to which criminal
   39         history record information was disseminated from
   40         releasing the expunged information after a specified
   41         period; amending s. 943.059, F.S.; prohibiting certain
   42         criminal records from being sealed; providing that
   43         other records may be sealed under certain
   44         circumstances; requiring that certain information be
   45         included in the application for a certificate of
   46         eligibility for sealing; providing for county
   47         responsibilities when a county has disseminated
   48         criminal history record information that is the
   49         subject of a sealing order; prohibiting an agency,
   50         organization, or company to which criminal history
   51         record information was disseminated from releasing the
   52         sealed information after a specified period; amending
   53         s. 943.0582, F.S.; conforming a cross-reference;
   54         defining the term “violent offense”; providing for
   55         automatic expunction of the arrest record of a minor
   56         for a nonviolent first offense if no charges or
   57         petition was brought concerning the offense; providing
   58         for reversal of the expunction if the person is
   59         subsequently found to have committed a criminal
   60         offense or comparable ordinance violation; amending s.
   61         985.125, F.S.; providing for establishment of
   62         prearrest or postarrest diversion programs by
   63         additional agencies; creating s. 985.165, F.S.;
   64         providing legislative findings; requiring state
   65         funding of community-based substance abuse
   66         intervention, evaluation, and treatment services
   67         programs in each judicial circuit; providing for
   68         diversion of certain first-time drug offenders into
   69         such programs; amending s. 985.245, F.S.; requiring
   70         the juvenile risk assessment instrument to allow
   71         additional points to be assessed against a child who
   72         is charged with a felony and who has a prior
   73         residential delinquency commitment; amending s.
   74         985.441, F.S.; providing for commitment of juveniles
   75         who are pregnant or mothers with infant children in
   76         small family-style, community-based programs when
   77         appropriate; creating s. 985.461, F.S.; requiring that
   78         all youth exiting juvenile justice commitment programs
   79         have made available to them the services of an
   80         identified community-based, interagency transition
   81         planning team; creating s. 985.495, F.S.; requiring
   82         the Department of Juvenile Justice to provide access
   83         to community-based, gender-specific aftercare services
   84         to all girls in transition from department programs;
   85         requiring that the department place such girls under
   86         female probation or conditional release case managers;
   87         providing for creation of a female caseload
   88         supervision team in certain circumstances; creating s.
   89         985.566, F.S.; requiring mandatory parole hearings for
   90         certain inmates who are sentenced to an adult
   91         correctional facility as a child, who have not
   92         committed a specified offense, and who have served a
   93         specified period of time; providing that inmates
   94         convicted of specified offenses are ineligible;
   95         providing for participation of victims in such
   96         hearings; amending s. 985.622, F.S.; requiring that
   97         certain juvenile justice programs offer vocational
   98         training; requiring the Department of Juvenile Justice
   99         to work with the Agency for Workforce Innovation and
  100         Workforce Florida, Inc., to ensure that all job skills
  101         training is in areas directly tied to careers listed
  102         on Florida's targeted occupation list; deleting
  103         obsolete provisions; amending s. 985.644, F.S.;
  104         requiring the Department of Juvenile Justice to
  105         conduct demonstration projects that emphasize the
  106         benefits of outcome-based contracting with certain
  107         performance standard requirements; authorizing the use
  108         of interim and long-term outcome performance measures;
  109         requiring projects to be completed by a specified
  110         date; amending s. 435.04, F.S.; authorizing the
  111         Department of Juvenile Justice, in certain
  112         circumstances, to hire persons for employment in youth
  113         facilities who were formerly in the juvenile justice
  114         system and exited successfully; amending s. 985.644,
  115         F.S.; authorizing the Department of Juvenile Justice
  116         to conditionally hire juvenile justice employees upon
  117         successful completion of a preliminary background
  118         screening, but prior to a full background screening,
  119         under specified conditions; amending s. 985.664, F.S.;
  120         providing that juvenile justice circuit boards and
  121         juvenile justice county councils may receive funds
  122         through local discretionary grants for specified
  123         purposes; amending s. 1006.13, F.S.; providing that
  124         zero-tolerance policies does not apply to petty acts
  125         of misconduct and misdemeanors; requiring that
  126         discipline or prosecution for a violation of a zero
  127         tolerance policy should be based on considerations of
  128         an individual student and particular circumstances;
  129         providing that school districts should involve law
  130         enforcement agencies only for serious offenses that
  131         threaten safety and use alternatives to expulsion or
  132         referral for prosecution in certain circumstances;
  133         amending s. 1011.62, F.S., relating to allocations
  134         from the Florida Education Finance Program to school
  135         districts for the operation of schools; providing for
  136         the establishment of a cost factor for students in
  137         juvenile justice education programs; requiring the
  138         Department of Juvenile Justice, in consultation with
  139         representatives of specified entities, to conduct a
  140         review of the detention risk assessment instrument;
  141         providing for creation of a Disproportionate Minority
  142         Contact Task Force; providing for membership, goals,
  143         and duties; requiring a report; providing for
  144         dissolution of the task force; providing for pilot
  145         projects for reduction of disproportionate minority
  146         contact; providing for goals of the pilot projects;
  147         requiring reports; providing for termination of the
  148         pilot projects; directing the Children and Youth
  149         Cabinet to coordinate and assist specified entities in
  150         reviewing and amending K-12 zero-tolerance policies;
  151         providing for goals of the review; providing
  152         legislative findings; requiring the Department of
  153         Juvenile Justice to identify service areas that
  154         promote the concept of community-based programs;
  155         requiring a report; requiring the Governor to
  156         establish a task force to review and make
  157         recommendations to modify current statutes or
  158         practices associated with restoration of competency;
  159         providing for membership; requiring a report;
  160         providing for termination of the task force; requiring
  161         the Governor to establish a task force to perform a
  162         role delineation study and review and make
  163         recommendations concerning specified issues; requiring
  164         a report; providing for termination of the task force;
  165         requiring the Department of Corrections, the
  166         Department of Juvenile Justice, and the Department of
  167         Children and Family Services to work with a university
  168         in the State University System to calculate the return
  169         on investment and cost savings of crime reduction
  170         through effective prevention and intervention
  171         programming; requiring a report; reenacting s.
  172         402.22(4) and (7), F.S., relating to educational
  173         programs for students in residential care facilities,
  174         to incorporate the amendments made to s. 1011.62,
  175         F.S., in a reference thereto; reenacting ss.
  176         985.66(3)(a) and 985.688(10)(b), F.S., relating to
  177         juvenile justice training academies and county and
  178         municipal delinquency programs and facilities,
  179         respectively, to incorporate the amendments made to s.
  180         985.644, F.S., in a reference thereto; providing an
  181         effective date.
  182  
  183  Be It Enacted by the Legislature of the State of Florida:
  184  
  185         Section 1. Subsection (5) is added to section 20.316,
  186  Florida Statutes, to read:
  187         20.316 Department of Juvenile Justice.—There is created a
  188  Department of Juvenile Justice.
  189         (5)RESEARCH INSTITUTE.—The department shall establish the
  190  Juvenile Justice Policy Research Institute, which shall be
  191  headed by a director. The institute shall be the principal unit
  192  for research services within the department and shall provide
  193  technical assistance, best practices, and policy and research
  194  assistance and support to the policymakers of the department.
  195         Section 2. Subsection (1) of section 27.51, Florida
  196  Statutes, is amended to read:
  197         27.51 Duties of public defender.—
  198         (1) The public defender shall represent, without additional
  199  compensation, any person determined to be indigent under s.
  200  27.52 and:
  201         (a) Under arrest for, or charged with, a felony;
  202         (b) Under arrest for, or charged with:
  203         1. A misdemeanor authorized for prosecution by the state
  204  attorney;
  205         2. A violation of chapter 316 punishable by imprisonment;
  206         3. Criminal contempt; or
  207         4. A violation of a special law or county or municipal
  208  ordinance ancillary to a state charge, or if not ancillary to a
  209  state charge, only if the public defender contracts with the
  210  county or municipality to provide representation pursuant to ss.
  211  27.54 and 125.69.
  212  
  213  The public defender shall not provide representation pursuant to
  214  this paragraph if the court, prior to trial, files in the cause
  215  an order of no imprisonment as provided in s. 27.512;
  216         (c) Alleged to be a delinquent child at all stages of any
  217  delinquency court proceedings pursuant to a petition filed
  218  before a circuit court;
  219         (d) Sought by petition filed in such court to be
  220  involuntarily placed as a mentally ill person under part I of
  221  chapter 394, involuntarily committed as a sexually violent
  222  predator under part V of chapter 394, or involuntarily admitted
  223  to residential services as a person with developmental
  224  disabilities under chapter 393. A public defender shall not
  225  represent any plaintiff in a civil action brought under the
  226  Florida Rules of Civil Procedure, the Federal Rules of Civil
  227  Procedure, or the federal statutes, or represent a petitioner in
  228  a rule challenge under chapter 120, unless specifically
  229  authorized by statute;
  230         (e) Convicted and sentenced to death, for purposes of
  231  handling an appeal to the Supreme Court; or
  232         (f) Is appealing a matter in a case arising under
  233  paragraphs (a)-(d).
  234         Section 3. Paragraph (i) is added to subsection (4) of
  235  section 394.492, Florida Statutes, to read:
  236         394.492 Definitions.—As used in ss. 394.490-394.497, the
  237  term:
  238         (4) “Child or adolescent at risk of emotional disturbance”
  239  means a person under 18 years of age who has an increased
  240  likelihood of becoming emotionally disturbed because of risk
  241  factors that include, but are not limited to:
  242         (i)Being 11 years of age or younger at the time of
  243  referral for a delinquent act.
  244         Section 4. Subsection (9) of section 984.03, Florida
  245  Statutes, is amended to read:
  246         984.03 Definitions.—When used in this chapter, the term:
  247         (9) “Child in need of services” means a child for whom
  248  there is no pending investigation into an allegation or
  249  suspicion of abuse, neglect, or abandonment; no pending petition
  250  referral alleging the child is delinquent; or no current
  251  supervision by the Department of Juvenile Justice or the
  252  Department of Children and Family Services for an adjudication
  253  of dependency or delinquency. The child must also, pursuant to
  254  this chapter, be found by the court:
  255         (a) To have persistently run away from the child's parents
  256  or legal custodians despite reasonable efforts of the child, the
  257  parents or legal custodians, and appropriate agencies to remedy
  258  the conditions contributing to the behavior. Reasonable efforts
  259  shall include voluntary participation by the child's parents or
  260  legal custodians and the child in family mediation, services,
  261  and treatment offered by the Department of Juvenile Justice or
  262  the Department of Children and Family Services;
  263         (b) To be habitually truant from school, while subject to
  264  compulsory school attendance, despite reasonable efforts to
  265  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
  266  through voluntary participation by the child's parents or legal
  267  custodians and by the child in family mediation, services, and
  268  treatment offered by the Department of Juvenile Justice or the
  269  Department of Children and Family Services; or
  270         (c) To have persistently disobeyed the reasonable and
  271  lawful demands of the child's parents or legal custodians, and
  272  to be beyond their control despite efforts by the child's
  273  parents or legal custodians and appropriate agencies to remedy
  274  the conditions contributing to the behavior. Reasonable efforts
  275  may include such things as good faith participation in family or
  276  individual counseling.
  277         Section 5. Subsection (7) of section 985.03, Florida
  278  Statutes, is amended to read:
  279         985.03 Definitions.—As used in this chapter, the term:
  280         (7) “Child in need of services” means a child for whom
  281  there is no pending investigation into an allegation or
  282  suspicion of abuse, neglect, or abandonment; no pending petition
  283  referral alleging the child is delinquent; or no current
  284  supervision by the department or the Department of Children and
  285  Family Services for an adjudication of dependency or
  286  delinquency. The child must also, under this chapter, be found
  287  by the court:
  288         (a) To have persistently run away from the child's parents
  289  or legal custodians despite reasonable efforts of the child, the
  290  parents or legal custodians, and appropriate agencies to remedy
  291  the conditions contributing to the behavior. Reasonable efforts
  292  shall include voluntary participation by the child's parents or
  293  legal custodians and the child in family mediation, services,
  294  and treatment offered by the department or the Department of
  295  Children and Family Services;
  296         (b) To be habitually truant from school, while subject to
  297  compulsory school attendance, despite reasonable efforts to
  298  remedy the situation under ss. 1003.26 and 1003.27 and through
  299  voluntary participation by the child's parents or legal
  300  custodians and by the child in family mediation, services, and
  301  treatment offered by the Department of Juvenile Justice or the
  302  Department of Children and Family Services; or
  303         (c) To have persistently disobeyed the reasonable and
  304  lawful demands of the child's parents or legal custodians, and
  305  to be beyond their control despite efforts by the child's
  306  parents or legal custodians and appropriate agencies to remedy
  307  the conditions contributing to the behavior. Reasonable efforts
  308  may include such things as good faith participation in family or
  309  individual counseling.
  310         Section 6. Section 409.9025, Florida Statutes, is amended
  311  to read:
  312         409.9025 Eligibility while an inmate or in certain juvenile
  313  programs.—
  314         (1) Notwithstanding any other provision of law other than
  315  s. 409.9021, if in the event that a person who is an inmate in
  316  the state's correctional system as defined in s. 944.02, in a
  317  county detention facility as defined in s. 951.23, or in a
  318  municipal detention facility as defined in s. 951.23, or
  319  committed to a high-risk residential or maximum-risk residential
  320  juvenile program as defined in s. 985.03(44) was in receipt of
  321  medical assistance under this chapter immediately prior to being
  322  admitted as an inmate or committed, such person shall remain
  323  eligible for medical assistance while an inmate or while
  324  committed, except that no medical assistance may not shall be
  325  furnished under this chapter for any care, services, or supplies
  326  provided during such time as the person is an inmate.; however,
  327  nothing in This section shall not be deemed as preventing the
  328  provision of medical assistance for inpatient hospital services
  329  furnished to such person an inmate at a hospital outside of the
  330  premises of the place of incarceration or commitment inmate's
  331  facility to the extent that federal financial participation is
  332  available for the costs of such services.
  333         (2) Upon release from incarceration or commitment, such
  334  person shall continue to be eligible for receipt of medical
  335  assistance furnished under this chapter until such time as the
  336  person is otherwise determined to no longer be eligible for such
  337  assistance.
  338         (3) To the extent permitted by federal law, the time during
  339  which a such person is an inmate or was committed to a juvenile
  340  program described in subsection (1) shall not be included in any
  341  calculation of when the person must recertify his or her
  342  eligibility for medical assistance in accordance with this
  343  chapter.
  344         Section 7. Present subsection (3) of section 943.0515,
  345  Florida Statutes, is renumbered as subsection (5) and new
  346  subsections (3) and (4) are added to that section, to read:
  347         943.0515 Retention of criminal history records of minors.—
  348         (3)The department shall notify the appropriate clerk of
  349  the court, the state attorney or statewide prosecutor, the
  350  county, and the arresting agency of any criminal history record
  351  that is expunged under this section. The arresting agency shall
  352  send the department's notification to any other agency to which
  353  the arresting agency disseminated the criminal history record
  354  information and to which the order pertains. The county shall
  355  send the department's notification to any agency, organization,
  356  or company to which the county disseminated the criminal history
  357  information and to which the order pertains. The department
  358  shall send the notification of expungement to the Federal Bureau
  359  of Investigation. The clerk of the court shall certify a copy of
  360  the department's notification to any other agency that has
  361  received the criminal history record, as reflected in the
  362  records of the court.
  363         (4)Any criminal history record that is expunged by the
  364  department under this section must be physically destroyed or
  365  obliterated by any criminal justice agency that has custody of
  366  the record, except that a criminal history record in the custody
  367  of the department must be retained in all cases.
  368         Section 8. Section 943.0585, Florida Statutes, is amended
  369  to read:
  370         943.0585 Court-ordered expunction of criminal history
  371  records.—The courts of this state have jurisdiction over their
  372  own procedures, including the maintenance, expunction, and
  373  correction of judicial records containing criminal history
  374  information to the extent such procedures are not inconsistent
  375  with the conditions, responsibilities, and duties established by
  376  this section. Any court of competent jurisdiction may order a
  377  criminal justice agency to expunge the criminal history record
  378  of a minor or an adult who complies with the requirements of
  379  this section. The court shall not order a criminal justice
  380  agency to expunge a criminal history record until the person
  381  seeking to expunge a criminal history record has applied for and
  382  received a certificate of eligibility for expunction pursuant to
  383  subsection (3) (2).
  384         (1)PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.—A
  385  criminal history record that relates to a violation of s.
  386  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  387  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  388  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  389  916.1075, a violation enumerated in s. 907.041, or any violation
  390  specified as a predicate offense for registration as a sexual
  391  predator pursuant to s. 775.21, without regard to whether that
  392  offense alone is sufficient to require such registration, or for
  393  registration as a sexual offender pursuant to s. 943.0435, may
  394  not be expunged, without regard to whether adjudication was
  395  withheld, if the defendant was found guilty of or pled guilty or
  396  nolo contendere to the offense, or if the defendant, as a minor,
  397  was found to have committed, or pled guilty or nolo contendere
  398  to committing, the offense as a delinquent act, even if the
  399  adjudication was withheld. The prohibition applies only to cases
  400  in which the defendant, including a minor, was found guilty of
  401  or pled guilty or nolo contendere to the offense. In all other
  402  instances involving the enumerated offenses in this subsection,
  403  the record may be expunged if an indictment, information, or
  404  other charging document was not filed or issued in the case or,
  405  if filed or issued in the case, was dismissed or nolle prosequi
  406  by the state attorney or statewide prosecutor or was dismissed
  407  by a court of competent jurisdiction, or the person was found
  408  not guilty or acquitted by a judge or jury. The court may only
  409  order expunction of a criminal history record pertaining to one
  410  arrest or one incident of alleged criminal activity, except as
  411  provided in this section. The court may, at its sole discretion,
  412  order the expunction of a criminal history record pertaining to
  413  more than one arrest if the additional arrests directly relate
  414  to the original arrest. If the court intends to order the
  415  expunction of records pertaining to such additional arrests,
  416  such intent must be specified in the order. A criminal justice
  417  agency may not expunge any record pertaining to such additional
  418  arrests if the order to expunge does not articulate the
  419  intention of the court to expunge a record pertaining to more
  420  than one arrest. This section does not prevent the court from
  421  ordering the expunction of only a portion of a criminal history
  422  record pertaining to one arrest or one incident of alleged
  423  criminal activity. Notwithstanding any law to the contrary, a
  424  criminal justice agency may comply with laws, court orders, and
  425  official requests of other jurisdictions relating to expunction,
  426  correction, or confidential handling of criminal history records
  427  or information derived therefrom. This section does not confer
  428  any right to the expunction of any criminal history record, and
  429  any request for expunction of a criminal history record may be
  430  denied at the sole discretion of the court.
  431         (2)(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
  432  petition to a court to expunge a criminal history record is
  433  complete only when accompanied by:
  434         (a) A valid certificate of eligibility for expunction
  435  issued by the department pursuant to subsection (3) (2).
  436         (b) The petitioner's sworn statement attesting that the
  437  petitioner:
  438         1. Has never, prior to the date on which the petition is
  439  filed, been adjudicated guilty of a criminal offense or
  440  comparable ordinance violation, or been adjudicated delinquent
  441  for committing any felony or a misdemeanor specified in s.
  442  943.051(3)(b).
  443         2. Has not been adjudicated guilty of, or adjudicated
  444  delinquent for committing, any of the acts stemming from the
  445  arrest or alleged criminal activity to which the petition
  446  pertains.
  447         3. Except as otherwise provided in this section, has never
  448  secured a prior sealing or expunction of a criminal history
  449  record under this section, former s. 893.14, former s. 901.33,
  450  or former s. 943.058, or from any jurisdiction outside the
  451  state, unless expunction is sought of a criminal history record
  452  previously sealed for 10 years pursuant to paragraph (3)(h)
  453  (2)(h) and the record is otherwise eligible for expunction.
  454         4. Is eligible for such an expunction to the best of his or
  455  her knowledge or belief and does not have any other petition to
  456  expunge or any petition to seal pending before any court.
  457  
  458  Any person who knowingly provides false information on such
  459  sworn statement to the court commits a felony of the third
  460  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  461  775.084.
  462         (3)(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before
  463  Prior to petitioning the court to expunge a criminal history
  464  record, a person seeking to expunge a criminal history record
  465  shall apply to the department for a certificate of eligibility
  466  for expunction. The department shall, by rule adopted pursuant
  467  to chapter 120, establish procedures pertaining to the
  468  application for and issuance of certificates of eligibility for
  469  expunction. A certificate of eligibility for expunction is valid
  470  for 12 months after the date stamped on the certificate when
  471  issued by the department. After that time, the petitioner must
  472  reapply to the department for a new certificate of eligibility.
  473  Eligibility for a renewed certification of eligibility must be
  474  based on the status of the applicant and the law in effect at
  475  the time of the renewal application. The department shall issue
  476  a certificate of eligibility for expunction to a person who is
  477  the subject of a criminal history record if that person:
  478         (a) Has obtained, and submitted to the department, a
  479  written, certified statement from the appropriate state attorney
  480  or statewide prosecutor which indicates:
  481         1. That an indictment, information, or other charging
  482  document was not filed or issued in the case.
  483         2. That an indictment, information, or other charging
  484  document, if filed or issued in the case, was dismissed or nolle
  485  prosequi by the state attorney or statewide prosecutor, or was
  486  dismissed by a court of competent jurisdiction, or that the
  487  person was found not guilty or acquitted by a judge or jury, and
  488  that none of the charges related to the arrest or alleged
  489  criminal activity to which the petition to expunge pertains
  490  resulted in a trial, without regard to whether the outcome of
  491  the trial was other than an adjudication of guilt.
  492         3. That the criminal history record does not relate to a
  493  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  494  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  495  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  496  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  497  any violation specified as a predicate offense for registration
  498  as a sexual predator pursuant to s. 775.21, without regard to
  499  whether that offense alone is sufficient to require such
  500  registration, or for registration as a sexual offender pursuant
  501  to s. 943.0435, where the defendant was found guilty of, or pled
  502  guilty or nolo contendere to any such offense, or that the
  503  defendant, as a minor, was found to have committed, or pled
  504  guilty or nolo contendere to committing, such an offense as a
  505  delinquent act, without regard to whether adjudication was
  506  withheld.
  507         (b) Remits a $75 processing fee to the department for
  508  placement in the Department of Law Enforcement Operating Trust
  509  Fund, unless such fee is waived by the executive director.
  510         (c) Has submitted to the department a certified copy of the
  511  disposition of the charge to which the petition to expunge
  512  pertains.
  513         (d) Has never, prior to the date on which the application
  514  for a certificate of eligibility is filed, been adjudicated
  515  guilty of a criminal offense or comparable ordinance violation,
  516  or been adjudicated delinquent for committing any felony or a
  517  misdemeanor specified in s. 943.051(3)(b).
  518         (e) Has not been adjudicated guilty of, or adjudicated
  519  delinquent for committing, any of the acts stemming from the
  520  arrest or alleged criminal activity to which the petition to
  521  expunge pertains.
  522         (f) Has never secured a prior sealing or expunction of a
  523  criminal history record under this section, former s. 893.14,
  524  former s. 901.33, or former s. 943.058 involving an offense for
  525  which the defendant had been found guilty or pled guilty or nolo
  526  contendere, unless expunction is sought of a criminal history
  527  record previously sealed for 10 years pursuant to paragraph (h)
  528  and the record is otherwise eligible for expunction.
  529         (g) Is no longer under court supervision applicable to the
  530  disposition of the arrest or alleged criminal activity to which
  531  the petition to expunge pertains.
  532         (h) Has previously obtained a court order sealing the
  533  record under this section, former s. 893.14, former s. 901.33,
  534  or former s. 943.058 for a minimum of 10 years because
  535  adjudication was withheld or because all charges related to the
  536  arrest or alleged criminal activity to which the petition to
  537  expunge pertains were not dismissed prior to trial, without
  538  regard to whether the outcome of the trial was other than an
  539  adjudication of guilt. The requirement for the record to have
  540  previously been sealed for a minimum of 10 years does not apply
  541  when a plea was not entered or all charges related to the arrest
  542  or alleged criminal activity to which the petition to expunge
  543  pertains were dismissed prior to trial.
  544         (4)(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
  545         (a) In judicial proceedings under this section, a copy of
  546  the completed petition to expunge shall be served upon the
  547  appropriate state attorney or the statewide prosecutor and upon
  548  the arresting agency; however, it is not necessary to make any
  549  agency other than the state a party. The appropriate state
  550  attorney or the statewide prosecutor and the arresting agency
  551  may respond to the court regarding the completed petition to
  552  expunge.
  553         (b) If relief is granted by the court, the clerk of the
  554  court shall certify copies of the order to the appropriate state
  555  attorney or the statewide prosecutor, the county, and the
  556  arresting agency. The arresting agency is responsible for
  557  forwarding the order to any other agency to which the arresting
  558  agency disseminated the criminal history record information to
  559  which the order pertains. The county is responsible for
  560  forwarding the order to any agency, organization, or company to
  561  which the county disseminated the criminal history record
  562  information to which the order pertains. The department shall
  563  forward the order to expunge to the Federal Bureau of
  564  Investigation. The clerk of the court shall certify a copy of
  565  the order to any other agency which the records of the court
  566  reflect has received the criminal history record from the court.
  567         (c) For an order to expunge entered by a court prior to
  568  July 1, 1992, the department shall notify the appropriate state
  569  attorney or statewide prosecutor of an order to expunge which is
  570  contrary to law because the person who is the subject of the
  571  record has previously been convicted of a crime or comparable
  572  ordinance violation or has had a prior criminal history record
  573  sealed or expunged. Upon receipt of such notice, the appropriate
  574  state attorney or statewide prosecutor shall take action, within
  575  60 days, to correct the record and petition the court to void
  576  the order to expunge. The department shall seal the record until
  577  such time as the order is voided by the court.
  578         (d) On or after July 1, 1992, the department or any other
  579  criminal justice agency is not required to act on an order to
  580  expunge entered by a court when such order does not comply with
  581  the requirements of this section. Upon receipt of such an order,
  582  the department must notify the issuing court, the appropriate
  583  state attorney or statewide prosecutor, the petitioner or the
  584  petitioner's attorney, and the arresting agency of the reason
  585  for noncompliance. The appropriate state attorney or statewide
  586  prosecutor shall take action within 60 days to correct the
  587  record and petition the court to void the order. No cause of
  588  action, including contempt of court, shall arise against any
  589  criminal justice agency for failure to comply with an order to
  590  expunge when the petitioner for such order failed to obtain the
  591  certificate of eligibility as required by this section or such
  592  order does not otherwise comply with the requirements of this
  593  section.
  594         (5)(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  595  criminal history record of a minor or an adult which is ordered
  596  expunged by a court of competent jurisdiction pursuant to this
  597  section must be physically destroyed or obliterated by any
  598  criminal justice agency having custody of such record; except
  599  that any criminal history record in the custody of the
  600  department must be retained in all cases. A criminal history
  601  record ordered expunged that is retained by the department is
  602  confidential and exempt from the provisions of s. 119.07(1) and
  603  s. 24(a), Art. I of the State Constitution and not available to
  604  any person or entity except upon order of a court of competent
  605  jurisdiction. A criminal justice agency may retain a notation
  606  indicating compliance with an order to expunge.
  607         (a) The person who is the subject of a criminal history
  608  record that is expunged under this section or under other
  609  provisions of law, including former s. 893.14, former s. 901.33,
  610  and former s. 943.058, may lawfully deny or fail to acknowledge
  611  the arrests covered by the expunged record, except when the
  612  subject of the record:
  613         1. Is a candidate for employment with a criminal justice
  614  agency;
  615         2. Is a defendant in a criminal prosecution;
  616         3. Concurrently or subsequently petitions for relief under
  617  this section or s. 943.059;
  618         4. Is a candidate for admission to The Florida Bar;
  619         5. Is seeking to be employed or licensed by or to contract
  620  with the Department of Children and Family Services, the Agency
  621  for Health Care Administration, the Agency for Persons with
  622  Disabilities, or the Department of Juvenile Justice or to be
  623  employed or used by such contractor or licensee in a sensitive
  624  position having direct contact with children, the
  625  developmentally disabled, the aged, or the elderly as provided
  626  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  627  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  628  chapter 916, s. 985.644, chapter 400, or chapter 429;
  629         6. Is seeking to be employed or licensed by the Department
  630  of Education, any district school board, any university
  631  laboratory school, any charter school, any private or parochial
  632  school, or any local governmental entity that licenses child
  633  care facilities; or
  634         7. Is seeking authorization from a Florida seaport
  635  identified in s. 311.09 for employment within or access to one
  636  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  637         (b) Subject to the exceptions in paragraph (a), a person
  638  who has been granted an expunction under this section, former s.
  639  893.14, former s. 901.33, or former s. 943.058 may not be held
  640  under any provision of law of this state to commit perjury or to
  641  be otherwise liable for giving a false statement by reason of
  642  such person's failure to recite or acknowledge an expunged
  643  criminal history record.
  644         (c) Information relating to the existence of an expunged
  645  criminal history record which is provided in accordance with
  646  paragraph (a) is confidential and exempt from the provisions of
  647  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  648  except that the department shall disclose the existence of a
  649  criminal history record ordered expunged to the entities set
  650  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
  651  respective licensing, access authorization, and employment
  652  purposes, and to criminal justice agencies for their respective
  653  criminal justice purposes. It is unlawful for any employee of an
  654  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  655  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
  656  disclose information relating to the existence of an expunged
  657  criminal history record of a person seeking employment, access
  658  authorization, or licensure with such entity or contractor,
  659  except to the person to whom the criminal history record relates
  660  or to persons having direct responsibility for employment,
  661  access authorization, or licensure decisions. Any person who
  662  violates this paragraph commits a misdemeanor of the first
  663  degree, punishable as provided in s. 775.082 or s. 775.083.
  664         (d)An agency, organization, or company to which the
  665  county, department, or arresting agency disseminated the
  666  criminal history record information and which has received the
  667  order expunging the record may not release the expunged
  668  information to the public after 30 days following the date that
  669  it receives the court order expunging the record.
  670         (6)(5) STATUTORY REFERENCES.—Any reference to any other
  671  chapter, section, or subdivision of the Florida Statutes in this
  672  section constitutes a general reference under the doctrine of
  673  incorporation by reference.
  674         Section 9. Section 943.059, Florida Statutes, is amended to
  675  read:
  676         943.059 Court-ordered sealing of criminal history records.
  677  The courts of this state shall continue to have jurisdiction
  678  over their own procedures, including the maintenance, sealing,
  679  and correction of judicial records containing criminal history
  680  information to the extent such procedures are not inconsistent
  681  with the conditions, responsibilities, and duties established by
  682  this section. Any court of competent jurisdiction may order a
  683  criminal justice agency to seal the criminal history record of a
  684  minor or an adult who complies with the requirements of this
  685  section. The court shall not order a criminal justice agency to
  686  seal a criminal history record until the person seeking to seal
  687  a criminal history record has applied for and received a
  688  certificate of eligibility for sealing pursuant to subsection
  689  (3) (2).
  690         (1)PROHIBITION AGAINST SEALING CERTAIN RECORDS.—A criminal
  691  history record that relates to a violation of s. 393.135, s.
  692  394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
  693  810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
  694  847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a
  695  violation enumerated in s. 907.041, or any violation specified
  696  as a predicate offense for registration as a sexual predator
  697  pursuant to s. 775.21, without regard to whether that offense
  698  alone is sufficient to require such registration, or for
  699  registration as a sexual offender pursuant to s. 943.0435, may
  700  not be sealed, without regard to whether adjudication was
  701  withheld, if the defendant was found guilty of or pled guilty or
  702  nolo contendere to the offense, or if the defendant, as a minor,
  703  was found to have committed or pled guilty or nolo contendere to
  704  committing the offense as a delinquent act even if the
  705  adjudication was withheld. The prohibition applies only to cases
  706  in which the defendant, including a minor, was found guilty of
  707  or pled guilty or nolo contendere to the offense. In all other
  708  instances involving the enumerated offenses in this subsection,
  709  the record may be sealed if an indictment, information, or other
  710  charging document was not filed or issued in the case or, if
  711  filed or issued in the case, was dismissed or nolle prosequi by
  712  the state attorney or statewide prosecutor or was dismissed by a
  713  court of competent jurisdiction, or the person was found not
  714  guilty or acquitted by a judge or jury. The court may only order
  715  sealing of a criminal history record pertaining to one arrest or
  716  one incident of alleged criminal activity, except as provided in
  717  this section. The court may, at its sole discretion, order the
  718  sealing of a criminal history record pertaining to more than one
  719  arrest if the additional arrests directly relate to the original
  720  arrest. If the court intends to order the sealing of records
  721  pertaining to such additional arrests, such intent must be
  722  specified in the order. A criminal justice agency may not seal
  723  any record pertaining to such additional arrests if the order to
  724  seal does not articulate the intention of the court to seal
  725  records pertaining to more than one arrest. This section does
  726  not prevent the court from ordering the sealing of only a
  727  portion of a criminal history record pertaining to one arrest or
  728  one incident of alleged criminal activity. Notwithstanding any
  729  law to the contrary, a criminal justice agency may comply with
  730  laws, court orders, and official requests of other jurisdictions
  731  relating to sealing, correction, or confidential handling of
  732  criminal history records or information derived therefrom. This
  733  section does not confer any right to the sealing of any criminal
  734  history record, and any request for sealing a criminal history
  735  record may be denied at the sole discretion of the court.
  736         (2)(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  737  petition to a court to seal a criminal history record is
  738  complete only when accompanied by:
  739         (a) A valid certificate of eligibility for sealing issued
  740  by the department pursuant to subsection (3) (2).
  741         (b) The petitioner's sworn statement attesting that the
  742  petitioner:
  743         1. Has never, prior to the date on which the petition is
  744  filed, been adjudicated guilty of a criminal offense or
  745  comparable ordinance violation, or been adjudicated delinquent
  746  for committing any felony or a misdemeanor specified in s.
  747  943.051(3)(b).
  748         2. Has not been adjudicated guilty of or adjudicated
  749  delinquent for committing any of the acts stemming from the
  750  arrest or alleged criminal activity to which the petition to
  751  seal pertains.
  752         3. Except as otherwise provided in this section, has never
  753  secured a prior sealing or expunction of a criminal history
  754  record under this section, former s. 893.14, former s. 901.33,
  755  former s. 943.058, or from any jurisdiction outside the state.
  756         4. Is eligible for such a sealing to the best of his or her
  757  knowledge or belief and does not have any other petition to seal
  758  or any petition to expunge pending before any court.
  759  
  760  Any person who knowingly provides false information on such
  761  sworn statement to the court commits a felony of the third
  762  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  763  775.084.
  764         (3)(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  765  petitioning the court to seal a criminal history record, a
  766  person seeking to seal a criminal history record shall apply to
  767  the department for a certificate of eligibility for sealing. The
  768  department shall, by rule adopted pursuant to chapter 120,
  769  establish procedures pertaining to the application for and
  770  issuance of certificates of eligibility for sealing. A
  771  certificate of eligibility for sealing is valid for 12 months
  772  after the date stamped on the certificate when issued by the
  773  department. After that time, the petitioner must reapply to the
  774  department for a new certificate of eligibility. Eligibility for
  775  a renewed certification of eligibility must be based on the
  776  status of the applicant and the law in effect at the time of the
  777  renewal application. The department shall issue a certificate of
  778  eligibility for sealing to a person who is the subject of a
  779  criminal history record provided that such person:
  780         (a) Has submitted to the department a certified copy of the
  781  disposition of the charge to which the petition to seal
  782  pertains.
  783         (b) Remits a $75 processing fee to the department for
  784  placement in the Department of Law Enforcement Operating Trust
  785  Fund, unless such fee is waived by the executive director.
  786         (c) Has never, prior to the date on which the application
  787  for a certificate of eligibility is filed, been adjudicated
  788  guilty of a criminal offense or comparable ordinance violation,
  789  or been adjudicated delinquent for committing any felony or a
  790  misdemeanor specified in s. 943.051(3)(b).
  791         (d) Has not been adjudicated guilty of or adjudicated
  792  delinquent for committing any of the acts stemming from the
  793  arrest or alleged criminal activity to which the petition to
  794  seal pertains.
  795         (e) Has never secured a prior sealing or expunction of a
  796  criminal history record under this section, former s. 893.14,
  797  former s. 901.33, or former s. 943.058 involving an offense for
  798  which the defendant had been found guilty or pled guilty or nolo
  799  contendere.
  800         (f) Is no longer under court supervision applicable to the
  801  disposition of the arrest or alleged criminal activity to which
  802  the petition to seal pertains.
  803         (4)(3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
  804         (a) In judicial proceedings under this section, a copy of
  805  the completed petition to seal shall be served upon the
  806  appropriate state attorney or the statewide prosecutor and upon
  807  the arresting agency; however, it is not necessary to make any
  808  agency other than the state a party. The appropriate state
  809  attorney or the statewide prosecutor and the arresting agency
  810  may respond to the court regarding the completed petition to
  811  seal.
  812         (b) If relief is granted by the court, the clerk of the
  813  court shall certify copies of the order to the appropriate state
  814  attorney or the statewide prosecutor, the county, and to the
  815  arresting agency. The arresting agency is responsible for
  816  forwarding the order to any other agency to which the arresting
  817  agency disseminated the criminal history record information to
  818  which the order pertains. The county is responsible for
  819  forwarding the order to any agency, organization, or company to
  820  which the county disseminated the criminal history record
  821  information to which the order pertains. The department shall
  822  forward the order to seal to the Federal Bureau of
  823  Investigation. The clerk of the court shall certify a copy of
  824  the order to any other agency which the records of the court
  825  reflect has received the criminal history record from the court.
  826         (c) For an order to seal entered by a court prior to July
  827  1, 1992, the department shall notify the appropriate state
  828  attorney or statewide prosecutor of any order to seal which is
  829  contrary to law because the person who is the subject of the
  830  record has previously been convicted of a crime or comparable
  831  ordinance violation or has had a prior criminal history record
  832  sealed or expunged. Upon receipt of such notice, the appropriate
  833  state attorney or statewide prosecutor shall take action, within
  834  60 days, to correct the record and petition the court to void
  835  the order to seal. The department shall seal the record until
  836  such time as the order is voided by the court.
  837         (d) On or after July 1, 1992, the department or any other
  838  criminal justice agency is not required to act on an order to
  839  seal entered by a court when such order does not comply with the
  840  requirements of this section. Upon receipt of such an order, the
  841  department must notify the issuing court, the appropriate state
  842  attorney or statewide prosecutor, the petitioner or the
  843  petitioner's attorney, and the arresting agency of the reason
  844  for noncompliance. The appropriate state attorney or statewide
  845  prosecutor shall take action within 60 days to correct the
  846  record and petition the court to void the order. No cause of
  847  action, including contempt of court, shall arise against any
  848  criminal justice agency for failure to comply with an order to
  849  seal when the petitioner for such order failed to obtain the
  850  certificate of eligibility as required by this section or when
  851  such order does not comply with the requirements of this
  852  section.
  853         (e) An order sealing a criminal history record pursuant to
  854  this section does not require that such record be surrendered to
  855  the court, and such record shall continue to be maintained by
  856  the department and other criminal justice agencies.
  857         (f)An agency, organization, or company to which the
  858  county, department, or arresting agency disseminated the
  859  criminal history record information and which has received the
  860  order sealing the record may not release the sealed information
  861  to the public after 30 days following the date that it receives
  862  the court order sealing the record.
  863         (5)(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A
  864  criminal history record of a minor or an adult which is ordered
  865  sealed by a court of competent jurisdiction pursuant to this
  866  section is confidential and exempt from the provisions of s.
  867  119.07(1) and s. 24(a), Art. I of the State Constitution and is
  868  available only to the person who is the subject of the record,
  869  to the subject's attorney, to criminal justice agencies for
  870  their respective criminal justice purposes, which include
  871  conducting a criminal history background check for approval of
  872  firearms purchases or transfers as authorized by state or
  873  federal law, to judges in the state courts system for the
  874  purpose of assisting them in their case-related decisionmaking
  875  responsibilities, as set forth in s. 943.053(5), or to those
  876  entities set forth in subparagraphs (a)1., 4., 5., 6., and 8.
  877  for their respective licensing, access authorization, and
  878  employment purposes.
  879         (a) The subject of a criminal history record sealed under
  880  this section or under other provisions of law, including former
  881  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  882  deny or fail to acknowledge the arrests covered by the sealed
  883  record, except when the subject of the record:
  884         1. Is a candidate for employment with a criminal justice
  885  agency;
  886         2. Is a defendant in a criminal prosecution;
  887         3. Concurrently or subsequently petitions for relief under
  888  this section or s. 943.0585;
  889         4. Is a candidate for admission to The Florida Bar;
  890         5. Is seeking to be employed or licensed by or to contract
  891  with the Department of Children and Family Services, the Agency
  892  for Health Care Administration, the Agency for Persons with
  893  Disabilities, or the Department of Juvenile Justice or to be
  894  employed or used by such contractor or licensee in a sensitive
  895  position having direct contact with children, the
  896  developmentally disabled, the aged, or the elderly as provided
  897  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  898  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  899  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  900         6. Is seeking to be employed or licensed by the Department
  901  of Education, any district school board, any university
  902  laboratory school, any charter school, any private or parochial
  903  school, or any local governmental entity that licenses child
  904  care facilities;
  905         7. Is attempting to purchase a firearm from a licensed
  906  importer, licensed manufacturer, or licensed dealer and is
  907  subject to a criminal history background check under state or
  908  federal law; or
  909         8. Is seeking authorization from a Florida seaport
  910  identified in s. 311.09 for employment within or access to one
  911  or more of such seaports pursuant to s. 311.12 or s. 311.125.
  912         (b) Subject to the exceptions in paragraph (a), a person
  913  who has been granted a sealing under this section, former s.
  914  893.14, former s. 901.33, or former s. 943.058 may not be held
  915  under any provision of law of this state to commit perjury or to
  916  be otherwise liable for giving a false statement by reason of
  917  such person's failure to recite or acknowledge a sealed criminal
  918  history record.
  919         (c) Information relating to the existence of a sealed
  920  criminal record provided in accordance with the provisions of
  921  paragraph (a) is confidential and exempt from the provisions of
  922  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  923  except that the department shall disclose the sealed criminal
  924  history record to the entities set forth in subparagraphs (a)1.,
  925  4., 5., 6., and 8. for their respective licensing, access
  926  authorization, and employment purposes. It is unlawful for any
  927  employee of an entity set forth in subparagraph (a)1.,
  928  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
  929  subparagraph (a)8. to disclose information relating to the
  930  existence of a sealed criminal history record of a person
  931  seeking employment, access authorization, or licensure with such
  932  entity or contractor, except to the person to whom the criminal
  933  history record relates or to persons having direct
  934  responsibility for employment, access authorization, or
  935  licensure decisions. Any person who violates the provisions of
  936  this paragraph commits a misdemeanor of the first degree,
  937  punishable as provided in s. 775.082 or s. 775.083.
  938         (6)(5) STATUTORY REFERENCES.—Any reference to any other
  939  chapter, section, or subdivision of the Florida Statutes in this
  940  section constitutes a general reference under the doctrine of
  941  incorporation by reference.
  942         Section 10. Section 943.0582, Florida Statutes, is amended
  943  to read:
  944         943.0582 Prearrest, postarrest, or teen court diversion
  945  program expunction; nonviolent first-offense expunction.—
  946         (1) Notwithstanding any law dealing generally with the
  947  preservation and destruction of public records, the department
  948  may provide, by rule adopted pursuant to chapter 120, for the
  949  expunction of any nonjudicial record of the arrest of a minor
  950  who has successfully completed a prearrest or postarrest
  951  diversion program for minors as authorized by s. 985.125 or as
  952  provided in subsection (4).
  953         (2)(a) As used in this section, the term:
  954         (a) “Expunction” has the same meaning ascribed in and
  955  effect as s. 943.0585, except that:
  956         1. The provisions of s. 943.0585(5)(a) s. 943.0585(4)(a) do
  957  not apply, except that the criminal history record of a person
  958  whose record is expunged pursuant to this section shall be made
  959  available only to criminal justice agencies for the purpose of
  960  determining eligibility for prearrest, postarrest, or teen court
  961  diversion programs; when the record is sought as part of a
  962  criminal investigation; or when the subject of the record is a
  963  candidate for employment with a criminal justice agency. For all
  964  other purposes, a person whose record is expunged under this
  965  section may lawfully deny or fail to acknowledge the arrest and
  966  the charge covered by the expunged record.
  967         2. Records maintained by local criminal justice agencies in
  968  the county in which the arrest occurred that are eligible for
  969  expunction pursuant to this section shall be sealed as the term
  970  is used in s. 943.059.
  971         (b) As used in this section, the term “Nonviolent
  972  misdemeanor” includes simple assault or battery when prearrest
  973  or postarrest diversion expunction is approved in writing by the
  974  state attorney for the county in which the arrest occurred.
  975         (c)Violent offense” means any offense for which one or
  976  more elements of the offense is a violent act or a threat of
  977  violence. Such offenses include, but are not limited to, any
  978  offense listed in s. 775.084(1)(b)1.
  979         (3)(a) The department shall expunge the nonjudicial arrest
  980  record of a minor who has successfully completed a prearrest or
  981  postarrest diversion program if that minor:
  982         1.(a) Submits an application for prearrest or postarrest
  983  diversion expunction, on a form prescribed by the department,
  984  signed by the minor's parent or legal guardian, or by the minor
  985  if he or she has reached the age of majority at the time of
  986  applying.
  987         2.(b) Submits the application for prearrest or postarrest
  988  diversion expunction no later than 6 months after completion of
  989  the diversion program.
  990         3.(c) Submits to the department, with the application, an
  991  official written statement from the state attorney for the
  992  county in which the arrest occurred certifying that he or she
  993  has successfully completed that county's prearrest or postarrest
  994  diversion program and that participation in the program is
  995  strictly limited to minors arrested for a nonviolent misdemeanor
  996  who have not otherwise been charged with or found to have
  997  committed any criminal offense or comparable ordinance
  998  violation.
  999         4.(d) Participated in a prearrest or postarrest diversion
 1000  program that expressly authorizes or permits such expunction to
 1001  occur.
 1002         5.(e) Participated in a prearrest or postarrest diversion
 1003  program based on an arrest for a nonviolent misdemeanor that
 1004  would not qualify as an act of domestic violence as that term is
 1005  defined in s. 741.28.
 1006         6.(f) Has never, prior to filing the application for
 1007  expunction, been charged with or been found to have committed
 1008  any criminal offense or comparable ordinance violation.
 1009         (b)(4) The department is authorized to charge a $75
 1010  processing fee for each request received for prearrest or
 1011  postarrest diversion program expunction, for placement in the
 1012  Department of Law Enforcement Operating Trust Fund, unless such
 1013  fee is waived by the executive director.
 1014         (4)The department shall automatically expunge the
 1015  nonjudicial first-time arrest record of a minor if the minor was
 1016  not found to have committed a violent offense and no charges or
 1017  petition was brought concerning the offense. The expunction
 1018  granted by this subsection shall terminate automatically if a
 1019  person whose record is expunged under this subsection is
 1020  subsequently found to have committed any criminal offense or
 1021  comparable ordinance violation. Upon such an automatic
 1022  termination of expunction, the record shall be treated for all
 1023  purposes as if the expunction granted by this subsection had
 1024  never occurred.
 1025         (5)This section operates retroactively to permit the
 1026  expunction of any nonjudicial record of the arrest of a minor
 1027  who has successfully completed a prearrest or postarrest
 1028  diversion program on or after July 1, 2000; however, in the case
 1029  of a minor whose completion of the program occurred before the
 1030  effective date of this section, the application for prearrest or
 1031  postarrest diversion expunction must be submitted within 6
 1032  months after the effective date of this section.
 1033         (5)(6) Expunction or sealing granted under this section
 1034  does not prevent the minor who receives such relief from
 1035  petitioning for the expunction or sealing of a later criminal
 1036  history record as provided for in ss. 943.0585 and 943.059, if
 1037  the minor is otherwise eligible under those sections.
 1038         Section 11. Subsection (1) of section 985.125, Florida
 1039  Statutes, is amended to read:
 1040         985.125 Prearrest or postarrest diversion programs.—
 1041         (1) A Law enforcement agencies, agency or school districts
 1042  district, or other qualified agencies, in cooperation with the
 1043  state attorney, are encouraged to may establish a prearrest or
 1044  postarrest diversion programs program.
 1045         Section 12. Section 985.165, Florida Statutes, is created
 1046  to read:
 1047         985.165Diversion of first-time drug possession offenders.—
 1048         (1)The Legislature finds that drug involvement, especially
 1049  among young adolescents, is best addressed through informal
 1050  settings. Placing young, minor offenders in detention is more
 1051  costly and does not provide the most appropriate mechanism for
 1052  treatment. Diversion of first-time drug possessors into
 1053  substance abuse programs should result in fewer youth placed on
 1054  probation or in other formal dispositions and more appropriate
 1055  and effective handling of youth arrested on drug charges.
 1056  Diversion of such youth should also prevent young offenders from
 1057  exposure to more serious offenders.
 1058         (2)Subject to appropriations, the state shall fund
 1059  community-based substance abuse intervention, evaluation, and
 1060  treatment services programs in each judicial circuit. A youth
 1061  charged with a controlled substance possession offense in
 1062  violation of s. 893.13(6) who has not been the subject of at
 1063  least one prior adjudication or had an adjudication withheld for
 1064  any drug possession offense shall be diverted from prosecution
 1065  into a substance abuse services program and, upon successful
 1066  completion of such program, adjudication shall be withheld.
 1067         Section 13. Paragraph (b) of subsection (2) of section
 1068  985.245, Florida Statutes, is amended to read:
 1069         985.245 Risk assessment instrument.—
 1070         (2)
 1071         (b) The risk assessment instrument shall take into
 1072  consideration, but need not be limited to, prior history of
 1073  failure to appear, prior offenses, offenses committed pending
 1074  adjudication, any unlawful possession of a firearm, theft of a
 1075  motor vehicle or possession of a stolen motor vehicle, and
 1076  probation status at the time the child is taken into custody.
 1077  The risk assessment instrument shall also take into
 1078  consideration appropriate aggravating and mitigating
 1079  circumstances, and shall be designed to target a narrower
 1080  population of children than s. 985.255, and shall allow
 1081  additional points to be assessed against a youth who is charged
 1082  with a felony and who has a prior residential delinquency
 1083  commitment. The risk assessment instrument shall also include
 1084  any information concerning the child's history of abuse and
 1085  neglect. The risk assessment shall indicate whether detention
 1086  care is warranted, and, if detention care is warranted, whether
 1087  the child should be placed into secure, nonsecure, or home
 1088  detention care.
 1089         Section 14. Paragraph (e) is added to subsection (1) of
 1090  section 985.441, Florida Statutes, to read:
 1091         985.441 Commitment.—
 1092         (1) The court that has jurisdiction of an adjudicated
 1093  delinquent child may, by an order stating the facts upon which a
 1094  determination of a sanction and rehabilitative program was made
 1095  at the disposition hearing:
 1096         (e)Commit the child, if the child is pregnant or a mother
 1097  with an infant child, when appropriate, in a small family-style,
 1098  community-based program, taking into account the safety risk to
 1099  the child, the mother, the fetus or infant, and the public.
 1100         Section 15. Section 985.461, Florida Statutes, is created
 1101  to read:
 1102         985.461Transition planning team.Before exiting juvenile
 1103  justice commitment programs, all children shall have made
 1104  available to them the services of an identified community-based,
 1105  interagency transition planning team to facilitate a
 1106  comprehensive, multiagency reintegration of each child into the
 1107  community. Transition planning teams shall address issues that
 1108  include the child's housing, education, and employability.
 1109         Section 16. Section 985.495, Florida Statutes, is created
 1110  to read:
 1111         985.495Aftercare services for girls.The department shall
 1112  require community-based, gender-specific aftercare services for
 1113  girls in transition from department programs. Such programs must
 1114  include, but are not limited to, mental health, substance abuse,
 1115  family counseling and crisis intervention, education and
 1116  vocational training, and independent or transitional living
 1117  alternatives. The department shall place such girls under the
 1118  supervision of a female probation or conditional release case
 1119  manager. A female caseload supervision team shall be established
 1120  if the number of girls under supervision justifies such action.
 1121         Section 17. Section 985.566, Florida Statutes, is created
 1122  to read:
 1123         985.566Parole for certain offenders; mandatory hearing.—
 1124         (1)The Parole Commission shall hold a mandatory parole
 1125  hearing for an inmate who is sentenced to an adult correctional
 1126  facility as a child and who received an adult prison sentence of
 1127  greater than 10 years if the inmate has served at least 8 years
 1128  of that sentence and is not ineligible for a hearing as provided
 1129  in subsection (2).
 1130         (2)An inmate convicted of a violation of one or more of
 1131  the following is ineligible for the mandatory hearing required
 1132  by this section:
 1133         (a)Any offense listed in s. 775.084(1)(b)1., relating to
 1134  habitual violent felony offenses.
 1135         (b)Any violation of s. 784.03, relating to felony battery.
 1136         (c)Any violation of s. 827.03, relating to abuse,
 1137  aggravated abuse, and neglect of a child.
 1138         (3)The victim of an offense committed by an inmate for
 1139  whom parole is sought in a parole hearing required by this
 1140  section shall be notified before the hearing in reasonable time
 1141  to appear and be afforded the opportunity to provide comment and
 1142  express their concerns to the commission.
 1143         Section 18. Section 985.622, Florida Statutes, is amended
 1144  to read:
 1145         985.622 Multiagency plan for vocational education.—
 1146         (1) The Department of Juvenile Justice and the Department
 1147  of Education shall, in consultation with the statewide Workforce
 1148  Development Youth Council, school districts, providers, and
 1149  others, jointly develop a multiagency plan for vocational
 1150  education that establishes the curriculum, goals, and outcome
 1151  measures for vocational programs in juvenile commitment
 1152  facilities. Vocational training providing educational credits or
 1153  nationally recognized certification shall be available in all
 1154  juvenile justice day treatment programs and residential
 1155  commitment programs. The department shall work with the Agency
 1156  for Workforce Innovation and Workforce Florida, Inc., to ensure
 1157  that all job skills training is in areas directly tied to
 1158  careers listed on this state's targeted occupation list.
 1159         The plan must include the following:
 1160         (a) Provisions for maximizing appropriate state and federal
 1161  funding sources, including funds under the Workforce Investment
 1162  Act and the Perkins Act; and
 1163         (b) The responsibilities of both departments and all other
 1164  appropriate entities.; and
 1165         (c)A detailed implementation schedule.
 1166  
 1167  The plan must be submitted to the Governor, the President of the
 1168  Senate, and the Speaker of the House of Representatives by May
 1169  1, 2001.
 1170         (2) The plan must define Vocational programming must be
 1171  that is appropriate based upon:
 1172         (a) The age and assessed educational abilities and goals of
 1173  the youth to be served; and
 1174         (b) The typical length of stay and custody characteristics
 1175  at the commitment program to which each youth is assigned.
 1176         (3) The plan must include a definition of vocational
 1177  programming that includes the following classifications of
 1178  commitment facilities offering that will offer vocational
 1179  programming by one of the following types:
 1180         (a) Type A.—Programs that teach personal accountability
 1181  skills and behaviors that are appropriate for youth in all age
 1182  groups and ability levels and that lead to work habits that help
 1183  maintain employment and living standards.
 1184         (b) Type B.—Programs that include Type A program content
 1185  and an orientation to the broad scope of career choices, based
 1186  upon personal abilities, aptitudes, and interests. Exploring and
 1187  gaining knowledge of occupation options and the level of effort
 1188  required to achieve them are essential prerequisites to skill
 1189  training.
 1190         (c) Type C.—Programs that include Type A program content
 1191  and the vocational competencies or the prerequisites needed for
 1192  entry into a specific occupation.
 1193         (4) Vocational programming shall The plan must also address
 1194  strategies to facilitate involvement of business and industry in
 1195  the design, delivery, and evaluation of vocational programming
 1196  in juvenile justice commitment facilities and conditional
 1197  release programs, including apprenticeship and work experience
 1198  programs, mentoring and job shadowing, and other strategies that
 1199  lead to postrelease employment. Incentives for business
 1200  involvement, such as tax breaks, bonding, and liability limits
 1201  should be investigated, implemented where appropriate, or
 1202  recommended to the Legislature for consideration.
 1203         (5) The department of Juvenile Justice and the Department
 1204  of Education shall each align its respective agency policies,
 1205  practices, technical manuals, contracts, quality-assurance
 1206  standards, performance-based-budgeting measures, and outcome
 1207  measures with the plan in commitment facilities by July 31,
 1208  2001. Each agency shall provide a report on the implementation
 1209  of this section to the Governor, the President of the Senate,
 1210  and the Speaker of the House of Representatives by August 31,
 1211  2001.
 1212         (6) All provider contracts executed by the department of
 1213  Juvenile Justice or the school districts after January 1, 2002,
 1214  must be aligned with the plan.
 1215         (7) The planning and execution of quality assurance reviews
 1216  conducted by the department or the Department of Education or
 1217  the Department of Juvenile Justice after August 1, 2002, must be
 1218  aligned with the plan.
 1219         (8) Outcome measures reported by the department of Juvenile
 1220  Justice and the Department of Education for youth released on or
 1221  after January 1, 2002, should include outcome measures that
 1222  conform to the plan.
 1223         Section 19. Subsection (7) is added to section 985.644,
 1224  Florida Statutes, to read:
 1225         985.644 Departmental contracting powers; personnel
 1226  standards and screening.—
 1227         (7)The department shall conduct demonstration projects
 1228  that emphasize the benefits of outcome-based contracting with
 1229  critical interim performance standard requirements in lieu of
 1230  compliance-based contracts. The department may contract for such
 1231  projects based upon interim and long-term outcome performance
 1232  measures. Such projects shall be completed by December 31, 2010.
 1233         Section 20. Subsection (3) of section 435.04, Florida
 1234  Statutes, is amended to read:
 1235         435.04 Level 2 screening standards.—
 1236         (3) The security background investigations conducted under
 1237  this section for employees of the Department of Juvenile Justice
 1238  must ensure that no persons subject to the provisions of this
 1239  section have been found guilty of, regardless of adjudication,
 1240  or entered a plea of nolo contendere or guilty to, any offense
 1241  prohibited under any of the following provisions of the Florida
 1242  Statutes or under any similar statute of another jurisdiction:
 1243         (a) Section 784.07, relating to assault or battery of law
 1244  enforcement officers, firefighters, emergency medical care
 1245  providers, public transit employees or agents, or other
 1246  specified officers.
 1247         (b) Section 810.02, relating to burglary, if the offense is
 1248  a felony.
 1249         (c) Section 944.40, relating to escape.
 1250  
 1251  The Department of Juvenile Justice may not remove a
 1252  disqualification from employment or grant an exemption to any
 1253  person who is disqualified under this section for any offense
 1254  disposed of during the most recent 7-year period.
 1255  
 1256  However, the Department of Juvenile Justice may authorize the
 1257  hiring of a person for employment in youth facilities who was
 1258  formerly in a juvenile justice system program and exited it
 1259  successfully if the person has not been arrested for or charged
 1260  with any offense in the adult criminal justice system or, for a
 1261  period of 5 years before hiring, had a delinquency petition
 1262  filed against him or her.
 1263         Section 21. Paragraph (b) of subsection (1) of section
 1264  985.644, Florida Statutes, is amended to read:
 1265         985.644 Departmental contracting powers; personnel
 1266  standards and screening.—
 1267         (1) The Department of Juvenile Justice or the Department of
 1268  Children and Family Services, as appropriate, may contract with
 1269  the Federal Government, other state departments and agencies,
 1270  county and municipal governments and agencies, public and
 1271  private agencies, and private individuals and corporations in
 1272  carrying out the purposes of, and the responsibilities
 1273  established in, this chapter.
 1274         (b) The department of Juvenile Justice and the Department
 1275  of Children and Family Services shall require employment
 1276  screening pursuant to chapter 435, using the level 2 standards
 1277  set forth in that chapter for personnel in programs for children
 1278  or youths. The department may conditionally hire a juvenile
 1279  justice employee after successfully completing a preliminary
 1280  background screening, but before completing a full background
 1281  screening, on the condition that no direct contact with children
 1282  occurs when the employee is located in a facility housing a
 1283  program for which background screening is required or on the
 1284  grounds of a facility where youth are located.
 1285         Section 22. Subsection (14) is added to section 985.664,
 1286  Florida Statutes, to read:
 1287         985.664 Juvenile justice circuit boards and juvenile
 1288  justice county councils.—
 1289         (14)Subject to specific legislative appropriation,
 1290  juvenile justice circuit boards and juvenile justice county
 1291  councils shall receive local discretionary grant prevention
 1292  funds that they may allocate to meet the specific needs within
 1293  their local communities.
 1294         Section 23. Paragraph (a) of subsection (1) of section
 1295  1006.13, Florida Statutes, is amended, and subsection (6) is
 1296  added to that section, to read:
 1297         1006.13 Policy of zero tolerance for crime and
 1298  victimization.—
 1299         (1) Each district school board shall adopt a policy of zero
 1300  tolerance for:
 1301         (a) Crime and substance abuse, including the reporting of
 1302  delinquent acts and crimes occurring whenever and wherever
 1303  students are under the jurisdiction of the district school
 1304  board. However, the zero-tolerance policy does not apply to
 1305  petty acts of misconduct and misdemeanors.
 1306         (6)Discipline or prosecution for a violation of a zero
 1307  tolerance policy must be based on considerations of an
 1308  individual student and the particular circumstances of the
 1309  student's misconduct. School districts should involve a law
 1310  enforcement agency only in serious offenses that threaten
 1311  safety. School districts should use alternatives to expulsion or
 1312  referral for prosecution in order to improve student behavior
 1313  and school climate when doing so will not result in making
 1314  schools dangerous.
 1315         Section 24. Paragraph (c) of subsection (1) of section
 1316  1011.62, Florida Statutes, is amended to read:
 1317         1011.62 Funds for operation of schools.—If the annual
 1318  allocation from the Florida Education Finance Program to each
 1319  district for operation of schools is not determined in the
 1320  annual appropriations act or the substantive bill implementing
 1321  the annual appropriations act, it shall be determined as
 1322  follows:
 1323         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1324  OPERATION.—The following procedure shall be followed in
 1325  determining the annual allocation to each district for
 1326  operation:
 1327         (c) Determination of programs.—Cost factors based on
 1328  desired relative cost differences between the following programs
 1329  shall be established in the annual General Appropriations Act.
 1330  The Commissioner of Education shall specify a matrix of services
 1331  and intensity levels to be used by districts in the
 1332  determination of the two weighted cost factors for exceptional
 1333  students with the highest levels of need. For these students,
 1334  the funding support level shall fund the exceptional students'
 1335  education program, with the exception of extended school year
 1336  services for students with disabilities.
 1337         1. Basic programs.—
 1338         a. Kindergarten and grades 1, 2, and 3.
 1339         b. Grades 4, 5, 6, 7, and 8.
 1340         c. Grades 9, 10, 11, and 12.
 1341         2. Programs for exceptional students.—
 1342         a. Support Level IV.
 1343         b. Support Level V.
 1344         3. Secondary career education programs.—
 1345         4. English for Speakers of Other Languages.—
 1346         5.Juvenile justice education programs.—
 1347         Section 25. (1)The revision of the detention risk
 1348  assessment instrument by the Department of Juvenile Justice as
 1349  required by s. 985.245, Florida Statutes, shall be conducted in
 1350  consultation with representatives appointed by the Conference of
 1351  Circuit Judges of Florida, the Florida Prosecuting Attorneys
 1352  Association, the Florida Public Defender Association, the
 1353  Florida Sheriffs Association, and the Florida Police Chiefs
 1354  Association. Each association shall appoint two individuals, one
 1355  representing an urban area and one representing a rural area.
 1356  The members involved shall evaluate and revise the risk
 1357  assessment instrument in ways it considers necessary using a
 1358  method for revision agreed upon by the members.
 1359         (2)The Department of Juvenile Justice shall revise,
 1360  automate, and validate the risk assessment instrument before
 1361  June 1, 2010. The department shall provide education and
 1362  training to its staff on the proper use of the revised screening
 1363  instrument, population management control, and awareness of the
 1364  department staff's authority to contact the prosecutor during
 1365  the screening process to attempt to have eligible children in
 1366  secure detention released to an alternative program subsequent
 1367  to the court hearing. The department may also provide such
 1368  training for juvenile court judges.
 1369         Section 26. (1)The Department of Juvenile Justice shall
 1370  create a Disproportionate Minority Contact Task Force. The
 1371  secretary of the department shall appoint the members of the
 1372  task force, which shall include representation from the field of
 1373  education, law enforcement agencies, state attorneys, public
 1374  defenders, the state court system, faith communities, juvenile
 1375  justice service providers, advocacy organizations, members from
 1376  communities most affected, and other stakeholders. The goal of
 1377  the task force is to reduce disproportionate minority contact
 1378  with the juvenile justice system consistent with the federal
 1379  Juvenile Justice and Delinquency Prevention Act of 1974, as
 1380  amended. Members of the task force who are not government
 1381  employees shall serve without compensation, but are entitled to
 1382  receive reimbursement for travel and per diem expenses as
 1383  provided in s. 112.061, Florida Statutes. The task force shall:
 1384         (a)Work with each local juvenile justice board and council
 1385  to develop a disproportionate minority contact reduction plan
 1386  for its area.
 1387         (b)In conjunction with the department, develop
 1388  requirements for every entity with which the department works,
 1389  throughout its continuum of services, to implement the
 1390  strategies, policies, and practices needed to reduce
 1391  disproportionate minority contact.
 1392         (c)Assist the department in developing ongoing cultural
 1393  sensitivity and cultural competence training for department and
 1394  provider staff to facilitate their participation in
 1395  disproportionate minority contact reduction plans and
 1396  strategies.
 1397         (d)Assist the department in developing training and
 1398  education classes to be made available to local law enforcement
 1399  agencies, school systems, court personnel, and other identified
 1400  local stakeholders.
 1401         (e)Assist the department in developing a strategic plan to
 1402  reduce disproportionate minority contact and over-representation
 1403  of minority children in the juvenile justice system, which shall
 1404  include strategies such as restorative decisionmaking practices,
 1405  by offering alternatives aimed at preventing the movement of
 1406  youth to the next level of intervention at the point of school
 1407  disciplinary decisions, arrest, charging, disposition, and
 1408  placement.
 1409         (f)Assist the department and the juvenile justice boards
 1410  and councils in establishing comprehensive partnerships with
 1411  faith-based and community-based organizations which will be
 1412  minority-led, citizen-based, and designed and prepared to handle
 1413  the range of responsibilities for responding to the needs of
 1414  underserved youth.
 1415         (g)Submit a report to the Governor, the President of the
 1416  Senate, and the Speaker of the House of Representatives by July
 1417  1, 2010, summarizing its activities. The report shall also
 1418  include any specific recommendations for legislative action. The
 1419  task force is dissolved upon the submission of its report.
 1420         (2)The Department of Juvenile Justice shall establish a
 1421  pilot project to reduce disproportionate minority contact with
 1422  the juvenile justice system in each of eight selected counties
 1423  for a 3-year period. In each county, the goals of the pilot
 1424  project shall be to reduce minority representation in and the
 1425  overall number of youth and school-based referrals to the
 1426  juvenile justice system, reduce minority representation in out
 1427  of-school suspensions and expulsions, and reduce minority
 1428  representation in the number of youth held in secure detention
 1429  or committed to residential detention. The department shall
 1430  submit preliminary reports concerning the pilot projects to the
 1431  Governor, the President of the Senate, and the Speaker of the
 1432  House of Representatives by July 1, 2010, and July 1, 2011. The
 1433  department shall submit a final report concerning the pilot
 1434  projects by January 1, 2012. The final report must include any
 1435  specific recommendations for legislative action during the 2012
 1436  Regular Session of the Legislature. The pilot projects shall
 1437  terminate on June 30, 2012.
 1438         Section 27. The Children and Youth Cabinet is directed to
 1439  coordinate and assist the Department of Education,
 1440  representatives of law enforcement agencies, school
 1441  superintendents, and the Department of Juvenile Justice to
 1442  review and amend K-12 zero-tolerance policies and practices to
 1443  eliminate the referral of youth to the Department of Juvenile
 1444  Justice for misdemeanor offenses. The goals of the review are to
 1445  ensure that policies and practices are consistent with the
 1446  original legislative intent of the zero-tolerance laws, which
 1447  was intended for serious, violent offenses, and to develop
 1448  alternatives that promote youth accountability while avoiding
 1449  suspension and other punitive options.
 1450         Section 28. (1)The Legislature finds that communities in
 1451  this state have much to offer youth and their families who are
 1452  involved in the juvenile justice system. Placement of a youth
 1453  far away from his or her home community weakens community
 1454  linkages that can support and encourage the youth. Defining
 1455  service areas that will facilitate services near the youth's
 1456  home will promote providing the youth with the appropriate
 1457  service when it is needed. The Department of Juvenile Justice's
 1458  current regions are too large to achieve this goal. Other
 1459  components of the juvenile justice system operate within
 1460  judicial circuits. The effectiveness of using judicial circuits
 1461  as service areas should be considered for this reason.
 1462         (2)The Department of Juvenile Justice shall identify
 1463  service areas that promote the concept of community-based
 1464  programs while recognizing the unique characteristics of the
 1465  communities of this state and recommend implementation to the
 1466  Legislature. Adoption of the service area boundaries of the
 1467  Department of Children and Family Services shall receive careful
 1468  consideration. A full continuum of services that includes, but
 1469  is not limited to, prevention, early intervention, supervision,
 1470  and support services in the family and probation, residential,
 1471  and aftercare fields shall be available in each service area.
 1472  The Department of Juvenile Justice shall submit a report to the
 1473  Governor, the President of the Senate, and the Speaker of the
 1474  House of Representatives by January 1, 2010, concerning the use
 1475  of service areas as described in this section and any specific
 1476  recommendations for legislative action.
 1477         Section 29. The Legislature finds that the services and
 1478  education that a youth receives in detention while awaiting
 1479  placement in a commitment program should be considered as part
 1480  of completing the youth's treatment plan. Similarly, the
 1481  services and education that youth receive in a competency
 1482  restoration placement should be taken into consideration as part
 1483  of the predisposition report at the youth's treatment plan in
 1484  any subsequent disposition. Therefore, the Governor shall
 1485  establish a task force to review and make recommendations to
 1486  modify current statutes or practices associated with restoration
 1487  of competency. The task force shall include members of the
 1488  judicial branch, the Department of Juvenile Justice, and the
 1489  Department of Children and Family Services and community mental
 1490  health and developmental disability providers. Members of the
 1491  task force who are not government employees shall serve without
 1492  compensation, but are entitled to receive reimbursement for
 1493  travel and per diem expenses as provided in s. 112.061, Florida
 1494  Statutes. The task force shall submit a report of its findings
 1495  to the Governor, the President of the Senate, and the Speaker of
 1496  the House of Representatives by January 1, 2010. The task force
 1497  shall terminate upon submission of its report.
 1498         Section 30. (1)The Legislature finds that the Department
 1499  of Juvenile Justice must have the ability to recruit and retain
 1500  a professional direct care staff and substantially reduce
 1501  turnover to ensure the most appropriate supervision and
 1502  rehabilitation of at-risk youth in their care. To further this
 1503  goal, the Governor shall establish a task force to perform a
 1504  role-delineation study. The task force shall review and make
 1505  recommendations concerning the following:
 1506         (a)Core competencies for all state and contracted direct
 1507  care staff and minimum hiring requirements.
 1508         (b)Professional curriculum, continuing education
 1509  requirements, and establishment of a certification program to
 1510  include standards, requirements, examinations, certification,
 1511  and decertification.
 1512         (c)Base rates of pay for all direct care staff.
 1513         (d)The possibility of granting special risk retirement
 1514  benefits for care staff who work directly with youth.
 1515         (2)Members of the task force who are not government
 1516  employees shall serve without compensation, but are entitled to
 1517  receive reimbursement for travel and per diem expenses as
 1518  provided in s. 112.061, Florida Statutes. The task force shall
 1519  submit a report of its findings to the Governor, the President
 1520  of the Senate, and the Speaker of the House of Representatives
 1521  by January 1, 2010. The task force shall terminate upon
 1522  submission of its report.
 1523         Section 31. The Legislature finds that the Washington State
 1524  Institute for Public Policy has helped develop effective
 1525  strategies in that state which have produced a significant
 1526  return on investment in crime reduction through diversion of
 1527  funding for adult prisons to prevention programs. The Department
 1528  of Corrections, the Department of Juvenile Justice, and the
 1529  Department of Children and Family Services shall select and work
 1530  with a university in the State University System to calculate
 1531  the return on investment and cost savings of crime reduction
 1532  through effective prevention and intervention programming with
 1533  the goal of implementing similar cost-saving strategies and
 1534  practices in this state. The university selected by the
 1535  departments shall submit a report to the secretary of each of
 1536  the departments, the Governor, the President of the Senate, and
 1537  the Speaker of the House of Representatives by June 30, 2010,
 1538  concerning the implementation of similar cost-saving strategies
 1539  and practices in this state and any specific recommendations for
 1540  legislative action.
 1541         Section 32. For the purpose of incorporating the amendment
 1542  made by this act to section 1011.62, Florida Statutes, in a
 1543  reference thereto, subsections (4) and (7) of section 402.22,
 1544  Florida Statutes, are reenacted to read:
 1545         402.22 Education program for students who reside in
 1546  residential care facilities operated by the Department of
 1547  Children and Family Services or the Agency for Persons with
 1548  Disabilities.—
 1549         (4) Students age 18 and under who are under the residential
 1550  care of the Department of Children and Family Services or the
 1551  Agency for Persons with Disabilities and who receive an
 1552  education program shall be calculated as full-time equivalent
 1553  student membership in the appropriate cost factor as provided
 1554  for in s. 1011.62(1)(c). Residential care facilities shall
 1555  include, but not be limited to, developmental disabilities
 1556  centers and state mental health facilities. All students shall
 1557  receive their education program from the district school system,
 1558  and funding shall be allocated through the Florida Education
 1559  Finance Program for the district school system.
 1560         (7) Notwithstanding the provisions of s. 1001.42(4)(n), the
 1561  educational program at the Marianna Sunland Center in Jackson
 1562  County shall be operated by the Department of Education, either
 1563  directly or through grants or contractual agreements with other
 1564  public educational agencies. The annual state allocation to any
 1565  such agency shall be computed pursuant to s. 1011.62(1), (2),
 1566  and (6) and allocated in the amount that would have been
 1567  provided the local school district in which the residential
 1568  facility is located.
 1569         Section 33. For the purpose of incorporating the amendment
 1570  made by this act to section 985.644, Florida Statutes, in a
 1571  reference thereto, paragraph (a) of subsection (3) of section
 1572  985.66, Florida Statutes, is reenacted to read:
 1573         985.66 Juvenile justice training academies; Juvenile
 1574  Justice Standards and Training Commission; Juvenile Justice
 1575  Training Trust Fund.—
 1576         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The commission shall
 1577  establish a certifiable program for juvenile justice training
 1578  pursuant to this section, and all department program staff and
 1579  providers who deliver direct care services pursuant to contract
 1580  with the department shall be required to participate in and
 1581  successfully complete the commission-approved program of
 1582  training pertinent to their areas of responsibility. Judges,
 1583  state attorneys, and public defenders, law enforcement officers,
 1584  and school district personnel may participate in such training
 1585  program. For the juvenile justice program staff, the commission
 1586  shall, based on a job-task analysis:
 1587         (a) Design, implement, maintain, evaluate, and revise a
 1588  basic training program, including a competency-based
 1589  examination, for the purpose of providing minimum employment
 1590  training qualifications for all juvenile justice personnel. All
 1591  program staff of the department and providers who deliver
 1592  direct-care services who are hired after October 1, 1999, must
 1593  meet the following minimum requirements:
 1594         1. Be at least 19 years of age.
 1595         2. Be a high school graduate or its equivalent as
 1596  determined by the commission.
 1597         3. Not have been convicted of any felony or a misdemeanor
 1598  involving perjury or a false statement, or have received a
 1599  dishonorable discharge from any of the Armed Forces of the
 1600  United States. Any person who, after September 30, 1999, pleads
 1601  guilty or nolo contendere to or is found guilty of any felony or
 1602  a misdemeanor involving perjury or false statement is not
 1603  eligible for employment, notwithstanding suspension of sentence
 1604  or withholding of adjudication. Notwithstanding this
 1605  subparagraph, any person who pled nolo contendere to a
 1606  misdemeanor involving a false statement before October 1, 1999,
 1607  and who has had such record of that plea sealed or expunged is
 1608  not ineligible for employment for that reason.
 1609         4. Abide by all the provisions of s. 985.644(1) regarding
 1610  fingerprinting and background investigations and other screening
 1611  requirements for personnel.
 1612         5. Execute and submit to the department an affidavit-of
 1613  application form, adopted by the department, attesting to his or
 1614  her compliance with subparagraphs 1.-4. The affidavit must be
 1615  executed under oath and constitutes an official statement under
 1616  s. 837.06. The affidavit must include conspicuous language that
 1617  the intentional false execution of the affidavit constitutes a
 1618  misdemeanor of the second degree. The employing agency shall
 1619  retain the affidavit.
 1620         Section 34. For the purpose of incorporating the amendment
 1621  made by this act to section 985.644, Florida Statutes, in a
 1622  reference thereto, paragraph (b) of subsection (10) of section
 1623  985.688, Florida Statutes, is reenacted to read:
 1624         985.688 Administering county and municipal delinquency
 1625  programs and facilities.—
 1626         (10)
 1627         (b) The department may institute proceedings against a
 1628  county or municipality to terminate the operation of a facility
 1629  when any of the following conditions exist:
 1630         1. The facility fails to take preventive or corrective
 1631  measures in accordance with any order of the department.
 1632         2. The facility fails to abide by any final order of the
 1633  department once it has become effective and binding.
 1634         3. The facility commits any violation of this section
 1635  constituting an emergency requiring immediate action as provided
 1636  in this chapter.
 1637         4. The facility has willfully and knowingly refused to
 1638  comply with the screening requirement for personnel under s.
 1639  985.644(1) or has refused to dismiss personnel found to be in
 1640  noncompliance with the requirements for good moral character.
 1641         Section 35. This act shall take effect July 1, 2009.