Florida Senate - 2009                             CS for SB 2218
       
       
       
       By the Committee on Criminal Justice; and Senator Wise
       
       
       
       
       591-03444-09                                          20092218c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         20.316, F.S.; requiring the Department of Juvenile
    4         Justice to establish the Juvenile Justice Policy
    5         Research Institute within the department for specified
    6         purposes; providing purposes of the institute;
    7         amending s. 27.51, F.S.; providing that public
    8         defenders are available to juveniles at all stages of
    9         delinquency court proceedings; amending s. 394.492,
   10         F.S.; providing that a child referred for a delinquent
   11         act when he or she was under age 11 may be considered
   12         at risk of emotional disturbance and therefore subject
   13         to referral for mental health services; amending ss.
   14         984.03 and 985.03, F.S.; correcting terminology in the
   15         definition of “child in need of services”; amending s.
   16         409.9025, F.S.; providing for Medicaid eligibility for
   17         juveniles committed to certain residential juvenile
   18         programs; amending s. 985.125, F.S.; encouraging law
   19         enforcement agencies, school districts, counties,
   20         municipalities and the Department of Juvenile Justice
   21         to establish prearrest or postarrest diversion
   22         programs for first-time misdemeanor offenders who are
   23         9 years of age or younger; creating s. 985.165, F.S.;
   24         providing legislative findings; requiring state
   25         funding of community-based substance abuse
   26         intervention, evaluation, and treatment services
   27         programs in each judicial circuit; providing for
   28         diversion of certain first-time drug offenders into
   29         such programs; amending s. 985.245, F.S.; modifying
   30         the size and composition of the risk assessment
   31         committee; requiring that the risk assessment
   32         instrument be independently validated; amending s.
   33         985.441, F.S.; providing that a court may commit a
   34         female child adjudicated as delinquent to the
   35         department for placement in a mother-infant program
   36         designed to serve the needs of the juvenile mothers or
   37         expectant juvenile mothers who are committed as
   38         delinquents; requiring the department to adopt rules
   39         to govern the operation of the mother-infant program;
   40         creating s. 985.461, F.S.; requiring that all youth
   41         exiting juvenile justice commitment programs have made
   42         available to them the services of an identified
   43         community-based, interagency transition planning team;
   44         creating s. 985.495, F.S.; requiring the Department of
   45         Juvenile Justice to provide access to community-based,
   46         gender-specific aftercare services to all girls
   47         transitioning from department programs; requiring that
   48         the department place such girls under female probation
   49         or conditional release case managers; providing for
   50         creation of a female caseload supervision team in
   51         certain circumstances; amending s. 985.622, F.S.;
   52         requiring that certain juvenile justice programs offer
   53         vocational training; requiring the Department of
   54         Juvenile Justice to work with the Agency for Workforce
   55         Innovation and Workforce Florida, Inc., to ensure that
   56         all job skills training is in areas directly tied to
   57         careers listed on Florida’s targeted occupation list;
   58         deleting obsolete provisions; amending s. 985.644,
   59         F.S.; requiring the Department of Juvenile Justice to
   60         conduct demonstration projects that emphasize the
   61         benefits of outcome-based contracting with certain
   62         performance standard requirements; authorizing use of
   63         interim and long-term outcome performance measures;
   64         requiring projects to be completed by a specified
   65         date; amending s. 435.04, F.S.; authorizing the
   66         Department of Juvenile Justice to hire persons for
   67         employment in youth facilities who were formerly in
   68         the juvenile justice system and exited successfully in
   69         certain circumstances; amending s. 985.644, F.S.;
   70         authorizing the Department of Juvenile Justice to
   71         conditionally hire juvenile justice employees upon
   72         successful completion of a preliminary background
   73         screening, but prior to full background screening,
   74         under specified conditions; amending s. 985.664, F.S.;
   75         providing that juvenile justice circuit boards and
   76         juvenile justice county councils may receive local
   77         discretionary grant prevention funds for specified
   78         purposes; amending s. 1011.62, F.S., relating to
   79         allocations from the Florida Education Finance Program
   80         to school districts for the operation of schools;
   81         providing for the establishment of a cost factor for
   82         students in juvenile justice education programs;
   83         requiring the Department of Juvenile Justice, in
   84         conjunction with representatives of specified
   85         entities, to conduct a review of the detention risk
   86         assessment instrument; requiring the agreement of all
   87         such representatives for revisions to the detention
   88         risk assessment instrument; providing for creation of
   89         a Disproportionate Minority Contact Task Force;
   90         providing for membership, goals, and duties; requiring
   91         a report; providing for dissolution of the task force;
   92         providing for pilot projects for reduction of
   93         disproportionate minority contact; providing for goals
   94         of the pilot projects; requiring reports; providing
   95         for termination of the pilot projects; providing
   96         legislative findings; requiring the Department of
   97         Juvenile Justice to identify service areas that
   98         promote the concept of community-based programs;
   99         requiring a report; requiring the Governor to
  100         establish a task force to review and make
  101         recommendations to modify current statutes or
  102         practices associated with restoration of competency;
  103         providing for membership; requiring a report;
  104         providing for termination of the task force; requiring
  105         the Governor to establish a task force to perform a
  106         role delineation study and review and make
  107         recommendations concerning specified issues; requiring
  108         a report; providing for termination of the task force;
  109         requiring the Department of Corrections, the
  110         Department of Juvenile Justice, and the Department of
  111         Children and Family Services to work with a university
  112         in the State University System to calculate the return
  113         on investment and cost savings of crime reduction
  114         through effective prevention and intervention
  115         programming; requiring a report; providing an
  116         effective date.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Subsection (5) is added to section 20.316,
  121  Florida Statutes, to read:
  122         20.316 Department of Juvenile Justice.—There is created a
  123  Department of Juvenile Justice.
  124         (5)RESEARCH INSTITUTE.—The department shall establish the
  125  Juvenile Justice Policy Research Institute, which shall be
  126  headed by a director. The institute shall be the principal unit
  127  for research services within the department and shall provide
  128  technical assistance, best practices, and policy and research
  129  assistance and support to the department’s policymakers.
  130         Section 2. Paragraph (c) of subsection (1) of section
  131  27.51, Florida Statutes, is amended to read:
  132         27.51 Duties of public defender.—
  133         (1) The public defender shall represent, without additional
  134  compensation, any person determined to be indigent under s.
  135  27.52 and:
  136         (c) Alleged to be a delinquent child at all stages of any
  137  delinquency court proceedings pursuant to a petition filed
  138  before a circuit court;
  139         Section 3. Paragraph (i) is added to subsection (4) of
  140  section 394.492, Florida Statutes, to read:
  141         394.492 Definitions.—As used in ss. 394.490-394.497, the
  142  term:
  143         (4) “Child or adolescent at risk of emotional disturbance”
  144  means a person under 18 years of age who has an increased
  145  likelihood of becoming emotionally disturbed because of risk
  146  factors that include, but are not limited to:
  147         (i)Being 9 years of age or younger at the time of referral
  148  for a delinquent act.
  149         Section 4. Subsection (9) of section 984.03, Florida
  150  Statutes, is amended to read:
  151         984.03 Definitions.—When used in this chapter, the term:
  152         (9) “Child in need of services” means a child for whom
  153  there is no pending investigation into an allegation or
  154  suspicion of abuse, neglect, or abandonment; no pending referral
  155  alleging the child is delinquent, except for a child 9 years of
  156  age or younger who is referred to the department; or no current
  157  supervision by the department of Juvenile Justice or the
  158  Department of Children and Family Services for an adjudication
  159  of dependency or delinquency. The child must also, pursuant to
  160  this chapter, be found by the court:
  161         (a) To have persistently run away from the child’s parents
  162  or legal custodians despite reasonable efforts of the child, the
  163  parents or legal custodians, and appropriate agencies to remedy
  164  the conditions contributing to the behavior. Reasonable efforts
  165  shall include voluntary participation by the child’s parents or
  166  legal custodians and the child in family mediation, services,
  167  and treatment offered by the Department of Juvenile Justice or
  168  the Department of Children and Family Services;
  169         (b) To be habitually truant from school, while subject to
  170  compulsory school attendance, despite reasonable efforts to
  171  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
  172  through voluntary participation by the child’s parents or legal
  173  custodians and by the child in family mediation, services, and
  174  treatment offered by the Department of Juvenile Justice or the
  175  Department of Children and Family Services; or
  176         (c) To have persistently disobeyed the reasonable and
  177  lawful demands of the child’s parents or legal custodians, and
  178  to be beyond their control despite efforts by the child’s
  179  parents or legal custodians and appropriate agencies to remedy
  180  the conditions contributing to the behavior. Reasonable efforts
  181  may include such things as good faith participation in family or
  182  individual counseling; or
  183         (d)To be 9 years of age or younger and have been referred
  184  to the department for committing a delinquent act.
  185         Section 5. Subsection (7) of section 985.03, Florida
  186  Statutes, is amended to read:
  187         985.03 Definitions.—As used in this chapter, the term:
  188         (7) “Child in need of services” means a child for whom
  189  there is no pending investigation into an allegation or
  190  suspicion of abuse, neglect, or abandonment; no pending referral
  191  alleging the child is delinquent; or no current supervision by
  192  the department or the Department of Children and Family Services
  193  for an adjudication of dependency or delinquency. The child must
  194  also, under this chapter, be found by the court:
  195         (a) To have persistently run away from the child’s parents
  196  or legal custodians despite reasonable efforts of the child, the
  197  parents or legal custodians, and appropriate agencies to remedy
  198  the conditions contributing to the behavior. Reasonable efforts
  199  shall include voluntary participation by the child’s parents or
  200  legal custodians and the child in family mediation, services,
  201  and treatment offered by the department or the Department of
  202  Children and Family Services;
  203         (b) To be habitually truant from school, while subject to
  204  compulsory school attendance, despite reasonable efforts to
  205  remedy the situation under ss. 1003.26 and 1003.27 and through
  206  voluntary participation by the child’s parents or legal
  207  custodians and by the child in family mediation, services, and
  208  treatment offered by the Department of Juvenile Justice or the
  209  Department of Children and Family Services; or
  210         (c) To have persistently disobeyed the reasonable and
  211  lawful demands of the child’s parents or legal custodians, and
  212  to be beyond their control despite efforts by the child’s
  213  parents or legal custodians and appropriate agencies to remedy
  214  the conditions contributing to the behavior. Reasonable efforts
  215  may include such things as good faith participation in family or
  216  individual counseling.
  217         Section 6. Section 409.9025, Florida Statutes, is amended
  218  to read:
  219         409.9025 Eligibility while an inmate or in certain juvenile
  220  programs.—
  221         (1) Notwithstanding any other provision of law other than
  222  s. 409.9021, in the event that a person who is an inmate in the
  223  state’s correctional system as defined in s. 944.02, in a county
  224  detention facility as defined in s. 951.23, or in a municipal
  225  detention facility as defined in s. 951.23 or committed to a
  226  high-risk residential or maximum-risk residential juvenile
  227  program as defined in s. 985.03(44) was in receipt of medical
  228  assistance under this chapter immediately prior to being
  229  admitted as an inmate or committed, such person shall remain
  230  eligible for medical assistance while an inmate or while
  231  committed, except that no medical assistance shall be furnished
  232  under this chapter for any care, services, or supplies provided
  233  during such time as the person is an inmate or is committed;
  234  however, nothing in this section shall be deemed as preventing
  235  the provision of medical assistance for inpatient hospital
  236  services furnished to such person an inmate at a hospital
  237  outside of the premises of the place of incarceration or
  238  commitment inmate’s facility to the extent that federal
  239  financial participation is available for the costs of such
  240  services.
  241         (2) Upon release from incarceration or commitment, such
  242  person shall continue to be eligible for receipt of medical
  243  assistance furnished under this chapter until such time as the
  244  person is otherwise determined to no longer be eligible for such
  245  assistance.
  246         (3) To the extent permitted by federal law, the time during
  247  which such person is an inmate or was committed to a juvenile
  248  program described in subsection (1) shall not be included in any
  249  calculation of when the person must recertify his or her
  250  eligibility for medical assistance in accordance with this
  251  chapter.
  252         Section 7. Subsection (1) of section 985.125, Florida
  253  Statutes, is amended to read:
  254         985.125 Prearrest or postarrest diversion programs.—
  255         (1) A law enforcement agency, or school district, county,
  256  municipality, or the department, in cooperation with the state
  257  attorney, is encouraged to may establish a prearrest or
  258  postarrest diversion programs for first-time misdemeanor
  259  offenders and offenders who are 9 years of age or younger
  260  program.
  261         Section 8. Section 985.165, Florida Statutes, is created to
  262  read:
  263         985.165Diversion of first-time drug possession offenders.—
  264         (1)The Legislature finds that drug involvement, especially
  265  among young adolescents, is best addressed through informal
  266  settings. Placing young, minor offenders in detention is more
  267  costly and does not provide the most appropriate mechanism for
  268  treatment. Diversion of a youth whose first referral is for drug
  269  possession into substance abuse services programs should result
  270  in fewer youth placed on probation or in other formal
  271  dispositions and more appropriate and effective handling of
  272  youth arrested on drug charges. Diversion of such youth should
  273  also prevent young offenders from exposure to more serious
  274  offenders.
  275         (2)The state shall fund community-based substance abuse
  276  intervention, evaluation, and treatment services programs in
  277  each judicial circuit. A youth who has not previously been
  278  referred to the juvenile justice system for any offense and
  279  whose first referral is for a controlled substance possession in
  280  violation of s. 893.13(6) shall be diverted into a substance
  281  abuse services program.
  282         Section 9. Subsection (2) of section 985.245, Florida
  283  Statutes, is amended to read:
  284         985.245 Risk assessment instrument.—
  285         (2)(a) The risk assessment instrument for detention care
  286  placement determinations and court orders shall be developed by
  287  the department in agreement with a committee composed of two
  288  representatives appointed by the following associations: the
  289  Conference of Circuit Judges of Florida, the Prosecuting
  290  Attorneys Association, the Public Defenders Association, the
  291  Florida Sheriffs Association, and the Florida Association of
  292  Chiefs of Police. Each association shall appoint two
  293  individuals, one representing an urban area and one representing
  294  a rural area. The committee must also include two
  295  representatives from child advocacy organizations appointed by
  296  the secretary of the department. The parties involved shall
  297  evaluate and revise the risk assessment instrument as is
  298  considered necessary using the method for revision as agreed by
  299  the parties.
  300         (b) The risk assessment instrument shall take into
  301  consideration, but need not be limited to, prior history of
  302  failure to appear, prior offenses, offenses committed pending
  303  adjudication, any unlawful possession of a firearm, theft of a
  304  motor vehicle or possession of a stolen motor vehicle, and
  305  probation status at the time the child is taken into custody.
  306  The risk assessment instrument shall also take into
  307  consideration appropriate aggravating and mitigating
  308  circumstances, and shall be designed to identify target a
  309  narrower population of children than the population identified
  310  under s. 985.255. The risk assessment instrument shall also
  311  include any information concerning the child’s history of abuse
  312  and neglect. The risk assessment shall indicate whether
  313  detention care is warranted, and, if detention care is
  314  warranted, whether the child should be placed into secure,
  315  nonsecure, or home detention care.
  316         (c)The risk assessment instrument shall be independently
  317  validated. The department shall review the population, policies,
  318  and procedures affecting the use of detention every 7 years and
  319  determine the necessity of revalidating the risk assessment
  320  instrument. Validation shall include an assessment of the
  321  effectiveness of the instrument’s ability to measure the risk
  322  that the child will commit a repeat offense or fail to appear
  323  for court proceedings. The risk assessment instrument shall also
  324  be evaluated to determine if the instrument contributes to
  325  disproportionate minority contact.
  326         Section 10. Paragraph (e) is added to subsection (1) of
  327  section 985.441, Florida Statutes, to read:
  328         985.441 Commitment.—
  329         (1) The court that has jurisdiction of an adjudicated
  330  delinquent child may, by an order stating the facts upon which a
  331  determination of a sanction and rehabilitative program was made
  332  at the disposition hearing:
  333         (e)Commit the child to the department for placement in a
  334  mother-infant program designed to serve the needs of the
  335  juvenile mothers or expectant juvenile mothers who are committed
  336  as delinquents. The department’s mother-infant program must be
  337  licensed as a child care facility in accordance with s. 402.308,
  338  and must provide the services and support necessary to enable
  339  the committed juvenile mothers to provide for the needs of their
  340  infants who, upon agreement of the mother, may accompany them in
  341  the program. The department shall adopt rules to govern the
  342  operation of such programs.
  343         Section 11. Section 985.461, Florida Statutes, is created
  344  to read:
  345         985.461Transition planning team.—Prior to exiting juvenile
  346  justice commitment programs, all youth shall have made available
  347  to them the services of an identified community-based,
  348  interagency transition planning team to facilitate a
  349  comprehensive, multiagency reintegration of each youth into the
  350  community. Transition planning teams shall address issues that
  351  include the youth’s housing, education, and employability.
  352         Section 12. Section 985.495, Florida Statutes, is created
  353  to read:
  354         985.495Aftercare services for girls.—The department shall
  355  require community-based, gender-specific aftercare services for
  356  girls transitioning from department programs. Such programs
  357  shall include, but are not limited to, mental health, substance
  358  abuse, family counseling and crisis intervention, education and
  359  vocational training, and independent or transitional living
  360  alternatives. The department shall place such girls under the
  361  supervision of a female probation or conditional release case
  362  manager. A female caseload supervision team shall be established
  363  if the number of girls under supervision justifies it.
  364         Section 13. Section 985.622, Florida Statutes, is amended
  365  to read:
  366         985.622 Multiagency plan for vocational education.—
  367         (1) The Department of Juvenile Justice and the Department
  368  of Education shall, in consultation with the statewide Workforce
  369  Development Youth Council, school districts, providers, and
  370  others, jointly develop a multiagency plan for vocational
  371  education that establishes the curriculum, goals, and outcome
  372  measures for vocational programs in juvenile commitment
  373  facilities. Vocational training providing educational credits or
  374  nationally recognized certification shall be available in all
  375  juvenile justice day treatment programs and residential
  376  commitment programs. The department shall work with the Agency
  377  for Workforce Innovation and Workforce Florida, Inc., to ensure
  378  that all job skills training is in areas directly tied to
  379  careers listed on Florida’s targeted occupation list. The plan
  380  must include the following:
  381         (a) Provisions for maximizing appropriate state and federal
  382  funding sources, including funds under the Workforce Investment
  383  Act and the Perkins Act.;
  384         (b) The responsibilities of both departments and all other
  385  appropriate entities; and
  386         (c)A detailed implementation schedule.
  387  
  388  The plan must be submitted to the Governor, the President of the
  389  Senate, and the Speaker of the House of Representatives by May
  390  1, 2001.
  391         (2) The plan must define Vocational programming must be
  392  that is appropriate based upon:
  393         (a) The age and assessed educational abilities and goals of
  394  the youth to be served; and
  395         (b) The typical length of stay and custody characteristics
  396  at the commitment program to which each youth is assigned.
  397         (3) The plan must include a definition of vocational
  398  programming that includes the following classifications of
  399  commitment facilities that will offer vocational programming by
  400  one of the following types:
  401         (a) Type A.—Programs that teach personal accountability
  402  skills and behaviors that are appropriate for youth in all age
  403  groups and ability levels and that lead to work habits that help
  404  maintain employment and living standards.
  405         (b) Type B.—Programs that include Type A program content
  406  and an orientation to the broad scope of career choices, based
  407  upon personal abilities, aptitudes, and interests. Exploring and
  408  gaining knowledge of occupation options and the level of effort
  409  required to achieve them are essential prerequisites to skill
  410  training.
  411         (c) Type C.—Programs that include Type A program content
  412  and the vocational competencies or the prerequisites needed for
  413  entry into a specific occupation.
  414         (4) Vocational programming shall The plan must also address
  415  strategies to facilitate involvement of business and industry in
  416  the design, delivery, and evaluation of vocational programming
  417  in juvenile justice commitment facilities and conditional
  418  release programs, including apprenticeship and work experience
  419  programs, mentoring and job shadowing, and other strategies that
  420  lead to postrelease employment. Incentives for business
  421  involvement, such as tax breaks, bonding, and liability limits
  422  should be investigated, implemented where appropriate, or
  423  recommended to the Legislature for consideration.
  424         (5) The department of Juvenile Justice and the Department
  425  of Education shall each align its respective agency policies,
  426  practices, technical manuals, contracts, quality-assurance
  427  standards, performance-based-budgeting measures, and outcome
  428  measures with the plan in commitment facilities by July 31,
  429  2001. Each agency shall provide a report on the implementation
  430  of this section to the Governor, the President of the Senate,
  431  and the Speaker of the House of Representatives by August 31,
  432  2001.
  433         (6) All provider contracts executed by the department of
  434  Juvenile Justice or the school districts after January 1, 2002,
  435  must be aligned with the plan.
  436         (7) The planning and execution of quality assurance reviews
  437  conducted by the department or the Department of Education or
  438  the Department of Juvenile Justice after August 1, 2002, must be
  439  aligned with the plan.
  440         (8) Outcome measures reported by the department of Juvenile
  441  Justice and the Department of Education for youth released on or
  442  after January 1, 2002, should include outcome measures that
  443  conform to the plan.
  444         Section 14. Subsection (7) is added to section 985.644,
  445  Florida Statutes, to read:
  446         985.644 Departmental contracting powers; personnel
  447  standards and screening.—
  448         (7)The department shall conduct demonstration projects
  449  that emphasize the benefits of outcome-based contracting with
  450  critical interim performance standard requirements in lieu of
  451  compliance-based contracts. The department may contract for such
  452  projects based upon interim and long-term outcome performance
  453  measures. Such projects shall be completed by December 31, 2010.
  454         Section 15. Subsection (3) of section 435.04, Florida
  455  Statutes, is amended to read:
  456         435.04 Level 2 screening standards.—
  457         (3) The security background investigations conducted under
  458  this section for employees of the Department of Juvenile Justice
  459  must ensure that no persons subject to the provisions of this
  460  section have been found guilty of, regardless of adjudication,
  461  or entered a plea of nolo contendere or guilty to, any offense
  462  prohibited under any of the following provisions of the Florida
  463  Statutes or under any similar statute of another jurisdiction:
  464         (a) Section 784.07, relating to assault or battery of law
  465  enforcement officers, firefighters, emergency medical care
  466  providers, public transit employees or agents, or other
  467  specified officers.
  468         (b) Section 810.02, relating to burglary, if the offense is
  469  a felony.
  470         (c) Section 944.40, relating to escape.
  471  
  472  The Department of Juvenile Justice may not remove a
  473  disqualification from employment or grant an exemption to any
  474  person who is disqualified under this section for any offense
  475  disposed of during the most recent 7-year period. However, the
  476  Department of Juvenile Justice may authorize the hiring of a
  477  person for employment in youth facilities who was formerly in a
  478  juvenile justice system program and exited it successfully if
  479  the person has not been arrested for or charged with any offense
  480  in the adult criminal justice system or, for a period of 5 years
  481  prior to hiring, had a delinquency petition filed against him or
  482  her.
  483         Section 16. Paragraph (b) of subsection (1) of section
  484  985.644, Florida Statutes, is amended to read:
  485         985.644 Departmental contracting powers; personnel
  486  standards and screening.—
  487         (1) The Department of Juvenile Justice or the Department of
  488  Children and Family Services, as appropriate, may contract with
  489  the Federal Government, other state departments and agencies,
  490  county and municipal governments and agencies, public and
  491  private agencies, and private individuals and corporations in
  492  carrying out the purposes of, and the responsibilities
  493  established in, this chapter.
  494         (b) The Department of Juvenile Justice and the Department
  495  of Children and Family Services shall require employment
  496  screening pursuant to chapter 435, using the level 2 standards
  497  set forth in that chapter for personnel in programs for children
  498  or youths. The Department of Juvenile Justice may conditionally
  499  hire juvenile justice employees upon successful completion of a
  500  preliminary background screening, but prior to completion of a
  501  full background screening, on the condition that no direct
  502  contact with children occurs when the employee is located in
  503  facility housing a program for which background screening is
  504  required or on the grounds of a facility where youth are
  505  located.
  506         Section 17. Subsection (14) is added to section 985.664,
  507  Florida Statutes, to read:
  508         985.664 Juvenile justice circuit boards and juvenile
  509  justice county councils.—
  510         (14)Subject to specific legislative appropriation,
  511  juvenile justice circuit boards and juvenile justice county
  512  councils shall receive local discretionary grant prevention
  513  funds that they may allocate to meet the specific needs within
  514  their local communities.
  515         Section 18. Paragraph (c) of subsection (1) of section
  516  1011.62, Florida Statutes, is amended to read:
  517         1011.62 Funds for operation of schools.—If the annual
  518  allocation from the Florida Education Finance Program to each
  519  district for operation of schools is not determined in the
  520  annual appropriations act or the substantive bill implementing
  521  the annual appropriations act, it shall be determined as
  522  follows:
  523         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  524  OPERATION.—The following procedure shall be followed in
  525  determining the annual allocation to each district for
  526  operation:
  527         (c) Determination of programs.—Cost factors based on
  528  desired relative cost differences between the following programs
  529  shall be established in the annual General Appropriations Act.
  530  The Commissioner of Education shall specify a matrix of services
  531  and intensity levels to be used by districts in the
  532  determination of the two weighted cost factors for exceptional
  533  students with the highest levels of need. For these students,
  534  the funding support level shall fund the exceptional students’
  535  education program, with the exception of extended school year
  536  services for students with disabilities.
  537         1. Basic programs.—
  538         a. Kindergarten and grades 1, 2, and 3.
  539         b. Grades 4, 5, 6, 7, and 8.
  540         c. Grades 9, 10, 11, and 12.
  541         2. Programs for exceptional students.—
  542         a. Support Level IV.
  543         b. Support Level V.
  544         3. Secondary career education programs.—
  545         4. English for Speakers of Other Languages.—
  546         5.Juvenile justice education programs.
  547         Section 19. (1)The Department of Juvenile Justice shall
  548  create a Disproportionate Minority Contact Task Force. The
  549  secretary of the department shall appoint the members of the
  550  task force, which shall include representation from education,
  551  law enforcement, state attorneys, public defenders, the state
  552  court system, faith communities, juvenile justice service
  553  providers, advocacy organizations, members from communities most
  554  affected, and other stakeholders. The goal of the task force
  555  shall be to reduce disproportionate minority contact, statewide,
  556  consistent with the federal Juvenile Justice and Delinquency
  557  Prevention Act of 1974, as amended. Members of the task force
  558  who are not government employees shall serve without
  559  compensation but are entitled to receive reimbursement for
  560  travel and per diem expenses as provided in s. 112.061, Florida
  561  Statutes. The task force shall:
  562         (a)Work with each local juvenile justice board and council
  563  to develop a disproportionate minority contact reduction plan
  564  for its area.
  565         (b)Develop, in conjunction with the department,
  566  requirements for every entity with which the department works,
  567  throughout its continuum of services, to implement the
  568  strategies, policies, and practices to reduce disproportionate
  569  minority contact.
  570         (c)Assist the department in developing ongoing cultural
  571  sensitivity and cultural competence training for department and
  572  provider staff to facilitate their participation in
  573  disproportionate minority contact reduction plans and
  574  strategies.
  575         (d)Assist the department in developing training and
  576  education classes to be made available to local law enforcement,
  577  school system, and court personnel and other identified local
  578  stakeholders.
  579         (e)Assist the department in developing a strategic plan to
  580  reduce disproportionate minority contact and over
  581  representation, which shall include strategies such as
  582  restorative decisionmaking practices, to offer alternatives
  583  aimed at preventing movement of youth to the next level of
  584  intervention at the point of school disciplinary decisions,
  585  arrest, charging, disposition, and placement.
  586         (f)Assist the department and the juvenile justice boards
  587  and councils in establishing comprehensive partnerships with
  588  faith-based and community-based organizations that will be
  589  minority-led, citizen-based, nonprofit organizations designed
  590  and prepared to handle the range of responsibilities for
  591  responding to the needs of underserved youth.
  592         (g)Submit a report to the Governor, the President of the
  593  Senate, and the Speaker of the House of Representatives by July
  594  1, 2010, summarizing its activities. The report shall also
  595  include any specific recommendations for legislative action. The
  596  task force is dissolved upon the submission of its report.
  597         (2)The Department of Juvenile Justice shall establish a
  598  pilot project for the reduction of disproportionate minority
  599  contact in each of eight counties for a 3-year period. In each
  600  county, the goals of the pilot project shall be to reduce
  601  minority representation in and the overall number of youth and
  602  school-based referrals to the juvenile justice system, reduce
  603  minority representation in out-of-school suspensions and
  604  expulsions, and reduce minority representation in the number of
  605  youth held in secure detention or committed to residential
  606  detention. The department shall submit preliminary reports
  607  concerning the pilot projects to the Governor, the President of
  608  the Senate, and the Speaker of the House of Representatives by
  609  July 1, 2010, and July 1, 2011. The department shall submit a
  610  final report concerning the pilot projects by January 1, 2012.
  611  The final report must include any specific recommendations for
  612  legislative action during the 2012 Regular Session of the
  613  Legislature. The pilot projects shall terminate on June 30,
  614  2012.
  615         Section 20. (1)The Legislature finds that Florida’s
  616  communities have much to offer youth and their families who are
  617  involved in the juvenile justice system. Placement of a youth
  618  far away from his or her home community weakens community
  619  linkages that can assist the youth. Defining service areas that
  620  will facilitate services near the youth’s home will promote
  621  providing the youth with the appropriate service when it is
  622  needed. The Department of Juvenile Justice’s current regions are
  623  too large to achieve this goal. Other components of the juvenile
  624  justice system operate within judicial circuits. For this
  625  reason, the effectiveness of using judicial circuits as service
  626  areas should be considered.
  627         (2)The Department of Juvenile Justice shall identify
  628  service areas that promote the concept of community-based
  629  programs while recognizing the unique characteristics of
  630  Florida’s communities and recommend implementation to the
  631  Legislature. Adoption of the service area boundaries of the
  632  Department of Children and Family Services shall receive careful
  633  consideration. A full continuum of services that includes, but
  634  is not limited to, prevention, early intervention, supervision,
  635  and support services in the family, probation, residential, and
  636  aftercare fields shall be available in each service area. The
  637  Department of Juvenile Justice shall submit a report to the
  638  Governor, the President of the Senate, and the Speaker of the
  639  House of Representatives by January 1, 2010, concerning the use
  640  of service areas as described in this section and any specific
  641  recommendations for legislative action.
  642         Section 21. The Legislature finds that the services and
  643  education that a youth receives in detention while awaiting
  644  placement in a commitment program should be considered as part
  645  of completing the youth’s treatment plan. Similarly, the
  646  services and education that youth receive in a competency
  647  restoration placement should be taken into consideration as part
  648  of the predisposition report at the youth’s treatment plan in
  649  any subsequent disposition. Therefore, the Governor shall
  650  establish a task force to review and make recommendations to
  651  modify current statutes or practices associated with restoration
  652  of competency. The task force shall include members of the
  653  judicial branch, the Department of Juvenile Justice, the
  654  Department of Children and Family Services, and community mental
  655  health providers. Members of the task force who are not
  656  government employees shall serve without compensation but are
  657  entitled to receive reimbursement for travel and per diem
  658  expenses as provided in s. 112.061, Florida Statutes. The task
  659  force shall submit a report of its findings to the Governor, the
  660  President of the Senate, and the Speaker of the House of
  661  Representatives by January 1, 2010. The task force shall
  662  terminate upon submission of its report.
  663         Section 22. (1)The Legislature finds that the Department
  664  of Juvenile Justice must have the ability to recruit and retain
  665  a professional direct care staff and substantially reduce
  666  turnover to ensure the most appropriate supervision and
  667  rehabilitation of at-risk youth in their care. To further this
  668  goal, the Governor shall establish a task force to perform a
  669  role delineation study. The task force shall review and make
  670  recommendations concerning the following:
  671         (a)Core competencies for all state and contracted direct
  672  care staff and minimum hiring requirements.
  673         (b)Professional curriculum, continuing education
  674  requirements, and establishment of a certification program to
  675  include standards, requirements, examinations, certification,
  676  and decertification.
  677         (c)Base rates of pay for all direct care staff.
  678         (d)The possibility of granting special risk retirement
  679  benefits for care staff who work directly with youth.
  680         (2)Members of the task force who are not government
  681  employees shall serve without compensation but are entitled to
  682  receive reimbursement for travel and per diem expenses as
  683  provided in s. 112.061, Florida Statutes. The task force shall
  684  submit a report of its findings to the Governor, the President
  685  of the Senate, and the Speaker of the House of Representatives
  686  by January 1, 2010. The task force shall terminate upon
  687  submission of its report.
  688         Section 23. The Legislature finds that the Washington State
  689  Institute for Public Policy has helped develop effective
  690  strategies in that state that have produced a significant return
  691  on investment in crime reduction through diversion of funding
  692  for adult prisons to prevention programs. The Department of
  693  Corrections, the Department of Juvenile Justice, and the
  694  Department of Children and Family Services shall select and work
  695  with a university in the State University System to calculate
  696  the return on investment and cost savings of crime reduction
  697  through effective prevention and intervention programming with
  698  the goal of implementing similar cost-saving strategies and
  699  practices in this state. The university selected by the
  700  departments shall submit a report to the secretary of each of
  701  the departments, the Governor, the President of the Senate, and
  702  the Speaker of the House of Representatives by June 30, 2010,
  703  concerning the implementation of similar cost-saving strategies
  704  and practices in this state and any specific recommendations for
  705  legislative action.
  706         Section 24. This act shall take effect July 1, 2009.