Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1274
Ì563204vÎ563204
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2024 .
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The Committee on Criminal Justice (Martin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (4) of section 790.115, Florida
6 Statutes, is amended to read:
7 790.115 Possessing or discharging weapons or firearms at a
8 school-sponsored event or on school property prohibited;
9 penalties; exceptions.—
10 (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
11 any minor under 18 years of age who is charged under this
12 section with possessing or discharging a firearm on school
13 property shall be detained in secure detention, unless the state
14 attorney authorizes the release of the minor, and shall be given
15 a probable cause hearing within 24 hours after being taken into
16 custody. At the hearing, the court may order that the minor
17 continue to be held in secure detention for a period of 21 days,
18 during which time the minor shall receive medical, psychiatric,
19 psychological, or substance abuse examinations pursuant to s.
20 985.18, and a written report shall be completed.
21 Section 2. Subsections (1), (5), (8), (9), and (10) of
22 section 790.22, Florida Statutes, are amended, and subsection
23 (3) of that section is republished, to read:
24 790.22 Use of BB guns, air or gas-operated guns, or
25 electric weapons or devices by minor under 16; limitation;
26 possession of firearms by minor under 18 prohibited; penalties.—
27 (1) The use for any purpose whatsoever of BB guns, air or
28 gas-operated guns, or electric weapons or devices, by any minor
29 under the age of 16 years is prohibited unless such use is under
30 the supervision and in the presence of an adult who is acting
31 with the consent of the minor’s parent or guardian.
32 (3) A minor under 18 years of age may not possess a
33 firearm, other than an unloaded firearm at his or her home,
34 unless:
35 (a) The minor is engaged in a lawful hunting activity and
36 is:
37 1. At least 16 years of age; or
38 2. Under 16 years of age and supervised by an adult.
39 (b) The minor is engaged in a lawful marksmanship
40 competition or practice or other lawful recreational shooting
41 activity and is:
42 1. At least 16 years of age; or
43 2. Under 16 years of age and supervised by an adult who is
44 acting with the consent of the minor’s parent or guardian.
45 (c) The firearm is unloaded and is being transported by the
46 minor directly to or from an event authorized in paragraph (a)
47 or paragraph (b).
48 (5)(a) A minor who violates subsection (3) commits a felony
49 misdemeanor of the third first degree; for a first offense,
50 shall may serve a period of detention of up to 5 days in a
51 secure detention facility, with credit for time served in secure
52 detention prior to disposition; and, in addition to any other
53 penalty provided by law, shall be required to perform 100 hours
54 of community service or paid work as determined by the
55 department. For a second violation of subsection (3), a minor
56 shall serve 21 days in a secure detention facility, with credit
57 for time served in secure detention prior to disposition; and
58 shall be required to perform not less than 100 nor more than 250
59 hours of community service or paid work as determined by the
60 department. For a third or subsequent violation of subsection
61 (3), a minor shall be adjudicated delinquent and committed to a
62 residential program. In addition to the penalties for a first
63 offense and a second or subsequent offense under subsection (3);
64 and:
65 (a)1. If the minor is eligible by reason of age for a
66 driver license or driving privilege, the court may direct the
67 Department of Highway Safety and Motor Vehicles to revoke or to
68 withhold issuance of the minor’s driver license or driving
69 privilege for up to 1 year for a first offense and up to 2 years
70 for a second or subsequent offense.
71 (b)2. If the minor’s driver license or driving privilege is
72 under suspension or revocation for any reason, the court may
73 direct the Department of Highway Safety and Motor Vehicles to
74 extend the period of suspension or revocation by an additional
75 period of up to 1 year for a first offense and up to 2 years for
76 a second or subsequent offense.
77 (c)3. If the minor is ineligible by reason of age for a
78 driver license or driving privilege, the court may direct the
79 Department of Highway Safety and Motor Vehicles to withhold
80 issuance of the minor’s driver license or driving privilege for
81 up to 1 year after the date on which the minor would otherwise
82 have become eligible for a first offense and up to 2 years for a
83 second or subsequent offense.
84 (b) For a second or subsequent offense, a minor who
85 violates subsection (3) commits a felony of the third degree and
86 shall serve a period of detention of up to 21 days in a secure
87 detention facility and shall be required to perform not less
88 than 100 nor more than 250 hours of community service, and:
89 1. If the minor is eligible by reason of age for a driver
90 license or driving privilege, the court may direct the
91 Department of Highway Safety and Motor Vehicles to revoke or to
92 withhold issuance of the minor’s driver license or driving
93 privilege for up to 2 years.
94 2. If the minor’s driver license or driving privilege is
95 under suspension or revocation for any reason, the court may
96 direct the Department of Highway Safety and Motor Vehicles to
97 extend the period of suspension or revocation by an additional
98 period of up to 2 years.
99 3. If the minor is ineligible by reason of age for a driver
100 license or driving privilege, the court may direct the
101 Department of Highway Safety and Motor Vehicles to withhold
102 issuance of the minor’s driver license or driving privilege for
103 up to 2 years after the date on which the minor would otherwise
104 have become eligible.
105
106 For the purposes of this subsection, community service shall be
107 performed, if possible, in a manner involving a hospital
108 emergency room or other medical environment that deals on a
109 regular basis with trauma patients and gunshot wounds.
110 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
111 is charged with an offense that involves the use or possession
112 of a firearm, including a violation of subsection (3), or is
113 charged for any offense during the commission of which the minor
114 possessed a firearm, the minor shall be detained in secure
115 detention, unless the state attorney authorizes the release of
116 the minor, and shall be given a hearing within 24 hours after
117 being taken into custody. At the hearing, the court may order
118 that the minor continue to be held in secure detention in
119 accordance with the applicable time periods specified in s.
120 985.26(1)-(5), if the court finds that the minor meets the
121 criteria specified in s. 985.255, or if the court finds by clear
122 and convincing evidence that the minor is a clear and present
123 danger to himself or herself or the community. The Department of
124 Juvenile Justice shall prepare a form for all minors charged
125 under this subsection which states the period of detention and
126 the relevant demographic information, including, but not limited
127 to, the gender, age, and race of the minor; whether or not the
128 minor was represented by private counsel or a public defender;
129 the current offense; and the minor’s complete prior record,
130 including any pending cases. The form shall be provided to the
131 judge for determining whether the minor should be continued in
132 secure detention under this subsection. An order placing a minor
133 in secure detention because the minor is a clear and present
134 danger to himself or herself or the community must be in
135 writing, must specify the need for detention and the benefits
136 derived by the minor or the community by placing the minor in
137 secure detention, and must include a copy of the form provided
138 by the department.
139 (9) Notwithstanding s. 985.245, if the minor is found to
140 have committed an offense that involves the use or possession of
141 a firearm, as defined in s. 790.001, other than a violation of
142 subsection (3), or an offense during the commission of which the
143 minor possessed a firearm, and the minor is not committed to a
144 residential commitment program of the Department of Juvenile
145 Justice, in addition to any other punishment provided by law,
146 the court shall order:
147 (a) For a first offense, that the minor shall serve a
148 minimum period of detention of 15 days in a secure detention
149 facility; and
150 1. Perform 100 hours of community service; and may
151 2. Be placed on community control or in a nonresidential
152 commitment program.
153 (b) For a second or subsequent offense, that the minor
154 shall serve a mandatory period of detention of at least 21 days
155 in a secure detention facility; and
156 1. Perform not less than 100 nor more than 250 hours of
157 community service; and may
158 2. Be placed on community control or in a nonresidential
159 commitment program.
160
161 The minor shall not receive credit for time served before
162 adjudication. For the purposes of this subsection, community
163 service shall be performed, if possible, in a manner involving a
164 hospital emergency room or other medical environment that deals
165 on a regular basis with trauma patients and gunshot wounds.
166 (10) If a minor is found to have committed an offense under
167 subsection (9), the court shall impose the following penalties
168 in addition to any penalty imposed under paragraph (9)(a) or
169 paragraph (9)(b):
170 (a) For a first offense:
171 1. If the minor is eligible by reason of age for a driver
172 license or driving privilege, the court may direct the
173 Department of Highway Safety and Motor Vehicles to revoke or to
174 withhold issuance of the minor’s driver license or driving
175 privilege for up to 1 year.
176 2. If the minor’s driver license or driving privilege is
177 under suspension or revocation for any reason, the court may
178 direct the Department of Highway Safety and Motor Vehicles to
179 extend the period of suspension or revocation by an additional
180 period for up to 1 year.
181 3. If the minor is ineligible by reason of age for a driver
182 license or driving privilege, the court may direct the
183 Department of Highway Safety and Motor Vehicles to withhold
184 issuance of the minor’s driver license or driving privilege for
185 up to 1 year after the date on which the minor would otherwise
186 have become eligible.
187 (b) For a second or subsequent offense:
188 1. If the minor is eligible by reason of age for a driver
189 license or driving privilege, the court may direct the
190 Department of Highway Safety and Motor Vehicles to revoke or to
191 withhold issuance of the minor’s driver license or driving
192 privilege for up to 2 years.
193 2. If the minor’s driver license or driving privilege is
194 under suspension or revocation for any reason, the court may
195 direct the Department of Highway Safety and Motor Vehicles to
196 extend the period of suspension or revocation by an additional
197 period for up to 2 years.
198 3. If the minor is ineligible by reason of age for a driver
199 license or driving privilege, the court may direct the
200 Department of Highway Safety and Motor Vehicles to withhold
201 issuance of the minor’s driver license or driving privilege for
202 up to 2 years after the date on which the minor would otherwise
203 have become eligible.
204 Section 3. Paragraph (d) of subsection (1) of section
205 985.101, Florida Statutes, is amended to read:
206 985.101 Taking a child into custody.—
207 (1) A child may be taken into custody under the following
208 circumstances:
209 (d) By a law enforcement officer who has probable cause to
210 believe that the child is in violation of the conditions of the
211 child’s probation, supervised release detention, postcommitment
212 probation, or conditional release supervision; has absconded
213 from nonresidential commitment; or has escaped from residential
214 commitment.
215
216 Nothing in this subsection shall be construed to allow the
217 detention of a child who does not meet the detention criteria in
218 part V.
219 Section 4. Section 985.12, Florida Statutes, is amended to
220 read:
221 985.12 Prearrest delinquency Civil citation or similar
222 prearrest diversion programs.—
223 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
224 that the creation and implementation of any prearrest
225 delinquency civil citation or similar prearrest diversion
226 programs at the judicial circuit level promotes public safety,
227 aids interagency cooperation, and provides the greatest chance
228 of success for prearrest delinquency civil citation and similar
229 prearrest diversion programs. The Legislature further finds that
230 the widespread use of prearrest delinquency civil citation and
231 similar prearrest diversion programs has a positive effect on
232 the criminal justice system by immediately holding youth
233 accountable for their actions and contributes to an overall
234 reduction in the crime rate and recidivism in the state. The
235 Legislature encourages but does not mandate that counties,
236 municipalities, and public or private educational institutions
237 participate in a prearrest delinquency civil citation or similar
238 prearrest diversion program created by their judicial circuit
239 under this section.
240 (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
241 PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
242 OPERATION.—
243 (a) A prearrest delinquency civil citation or similar
244 prearrest diversion program for misdemeanor offenses shall be
245 established in each judicial circuit in the state. The state
246 attorney and public defender of each circuit, the clerk of the
247 court for each county in the circuit, and representatives of
248 participating law enforcement agencies in the circuit shall
249 create a prearrest delinquency civil citation or similar
250 prearrest diversion program and develop its policies and
251 procedures. In developing the program’s policies and procedures,
252 input from other interested stakeholders may be solicited. The
253 department shall annually develop and provide guidelines on best
254 practice models for prearrest delinquency civil citation or
255 similar prearrest diversion programs to the judicial circuits as
256 a resource.
257 (b) Each judicial circuit’s prearrest delinquency civil
258 citation or similar prearrest diversion program must specify all
259 of the following:
260 1. The misdemeanor offenses that qualify a juvenile for
261 participation in the program. Offenses involving the use or
262 possession of a firearm do not qualify for a prearrest
263 delinquency citation program.;
264 2. The eligibility criteria for the program.;
265 3. The program’s implementation and operation.;
266 4. The program’s requirements, including, but not limited
267 to, the completion of community service hours, payment of
268 restitution, if applicable, classes established by the
269 department or the prearrest delinquency citation program, and
270 intervention services indicated by a needs assessment of the
271 juvenile, approved by the department, such as family counseling,
272 urinalysis monitoring, and substance abuse and mental health
273 treatment services.; and
274 5. A program fee, if any, to be paid by a juvenile
275 participating in the program. If the program imposes a fee, the
276 clerk of the court of the applicable county must receive a
277 reasonable portion of the fee.
278 (c) The state attorney of each circuit shall operate a
279 prearrest delinquency civil citation or similar prearrest
280 diversion program in each circuit. A sheriff, police department,
281 county, municipality, locally authorized entity, or public or
282 private educational institution may continue to operate an
283 independent prearrest delinquency civil citation or similar
284 prearrest diversion program that is in operation as of October
285 1, 2018, if the independent program is reviewed by the state
286 attorney of the applicable circuit and he or she determines that
287 the independent program is substantially similar to the
288 prearrest delinquency civil citation or similar prearrest
289 diversion program developed by the circuit. If the state
290 attorney determines that the independent program is not
291 substantially similar to the prearrest delinquency civil
292 citation or similar prearrest diversion program developed by the
293 circuit, the operator of the independent diversion program may
294 revise the program and the state attorney may conduct an
295 additional review of the independent program. A civil citation
296 or similar prearrest diversion program existing before July 1,
297 2024, shall be deemed a delinquency citation program authorized
298 by this section if the civil citation or similar prearrest
299 diversion program has been approved by the state attorney of the
300 circuit in which it operates and it complies with the
301 requirements in paragraph (2)(b).
302 (d) A judicial circuit may model an existing sheriff’s,
303 police department’s, county’s, municipality’s, locally
304 authorized entity’s, or public or private educational
305 institution’s independent civil citation or similar prearrest
306 diversion program in developing the civil citation or similar
307 prearrest diversion program for the circuit.
308 (d)(e) If a juvenile does not successfully complete the
309 prearrest delinquency civil citation or similar prearrest
310 diversion program, the arresting law enforcement officer shall
311 determine if there is good cause to arrest the juvenile for the
312 original misdemeanor offense and refer the case to the state
313 attorney to determine if prosecution is appropriate or allow the
314 juvenile to continue in the program.
315 (e)(f) Each prearrest delinquency civil citation or similar
316 prearrest diversion program shall enter the appropriate youth
317 data into the Juvenile Justice Information System Prevention Web
318 within 7 days after the admission of the youth into the program.
319 (f)(g) At the conclusion of a juvenile’s prearrest
320 delinquency civil citation or similar prearrest diversion
321 program, the state attorney or operator of the independent
322 program shall report the outcome to the department. The issuance
323 of a prearrest delinquency civil citation or similar prearrest
324 diversion program notice is not considered a referral to the
325 department.
326 (g)(h) Upon issuing a prearrest delinquency civil citation
327 or similar prearrest diversion program notice, the law
328 enforcement officer shall send a copy of the prearrest
329 delinquency civil citation or similar prearrest diversion
330 program notice to the parent or guardian of the child and to the
331 victim.
332 Section 5. Section 985.125, Florida Statutes, is amended to
333 read:
334 985.125 Prearrest or Postarrest diversion programs.—
335 (1) A law enforcement agency or school district, in
336 cooperation with the state attorney, may establish a prearrest
337 or postarrest diversion program.
338 (2) As part of the prearrest or postarrest diversion
339 program, a child who is alleged to have committed a delinquent
340 act may be required to surrender his or her driver license, or
341 refrain from applying for a driver license, for not more than 90
342 days. If the child fails to comply with the requirements of the
343 program, the state attorney may notify the Department of Highway
344 Safety and Motor Vehicles in writing to suspend the child’s
345 driver license for a period that may not exceed 90 days.
346 Section 6. Subsections (5) and (6) of section 985.126,
347 Florida Statutes, are renumbered as subsections (6) and (7),
348 respectively, subsections (3) and (4) of that section are
349 amended, and a new subsection (5) is added to that section, to
350 read:
351 985.126 Prearrest and postarrest diversion programs; data
352 collection; denial of participation or expunged record.—
353 (3)(a) Beginning October 1, 2018, Each diversion program
354 shall submit data to the department which identifies for each
355 minor participating in the diversion program:
356 1. The race, ethnicity, gender, and age of that minor.
357 2. The offense committed, including the specific law
358 establishing the offense.
359 3. The judicial circuit and county in which the offense was
360 committed and the law enforcement agency that had contact with
361 the minor for the offense.
362 4. Other demographic information necessary to properly
363 register a case into the Juvenile Justice Information System
364 Prevention Web, as specified by the department.
365 (b) Beginning October 1, 2018, Each law enforcement agency
366 shall submit to the department data for every minor charged for
367 the first-time, who is charged with a misdemeanor, and who was
368 that identifies for each minor who was eligible for a diversion
369 program, but was instead referred to the department, provided a
370 notice to appear, or arrested:
371 1. The data required pursuant to paragraph (a).
372 2. Whether the minor was offered the opportunity to
373 participate in a diversion program. If the minor was:
374 a. Not offered such opportunity, the reason such offer was
375 not made.
376 b. Offered such opportunity, whether the minor or his or
377 her parent or legal guardian declined to participate in the
378 diversion program.
379 (c) The data required pursuant to paragraph (a) shall be
380 entered into the Juvenile Justice Information System Prevention
381 Web within 7 days after the youth’s admission into the program.
382 (d) The data required pursuant to paragraph (b) shall be
383 submitted on or with the arrest affidavit or notice to appear.
384 (4) Beginning January 1, 2019, The department shall compile
385 and semiannually publish the data required by subsection (3) on
386 the department’s website in a format that is, at a minimum,
387 sortable by judicial circuit, county, law enforcement agency,
388 race, ethnicity, gender, age, and offense committed.
389 (5) The department shall provide a quarterly report to be
390 published on its website and distributed to the Governor,
391 President of the Senate, and Speaker of the House of
392 Representatives listing the entities that use prearrest
393 delinquency citations for less than 70 percent of first-time
394 misdemeanor offenses.
395 Section 7. Subsection (4) of section 985.245, Florida
396 Statutes, is amended to read:
397 985.245 Risk assessment instrument.—
398 (4) For a child who is under the supervision of the
399 department through probation, supervised release detention,
400 conditional release, postcommitment probation, or commitment and
401 who is charged with committing a new offense, the risk
402 assessment instrument may be completed and scored based on the
403 underlying charge for which the child was placed under the
404 supervision of the department.
405 Section 8. Subsection (1) of section 985.25, Florida
406 Statutes, is amended to read:
407 985.25 Detention intake.—
408 (1) The department shall receive custody of a child who has
409 been taken into custody from the law enforcement agency or court
410 and shall review the facts in the law enforcement report or
411 probable cause affidavit and make such further inquiry as may be
412 necessary to determine whether detention care is appropriate.
413 (a) During the period of time from the taking of the child
414 into custody to the date of the detention hearing, the initial
415 decision as to the child’s placement into detention care shall
416 be made by the department under ss. 985.24 and 985.245(1).
417 (b) The department shall base the decision whether to place
418 the child into detention care on an assessment of risk in
419 accordance with the risk assessment instrument and procedures
420 developed by the department under s. 985.245, except that a
421 child shall be placed in secure detention care until the child’s
422 detention hearing if the child meets the criteria specified in
423 s. 985.255(1)(f), is charged with possessing or discharging a
424 firearm on school property in violation of s. 790.115, or is
425 charged with any other offense involving the possession or use
426 of a firearm.
427 (c) If the final score on the child’s risk assessment
428 instrument indicates detention care is appropriate, but the
429 department otherwise determines the child should be released,
430 the department shall contact the state attorney, who may
431 authorize release.
432 (d) If the final score on the risk assessment instrument
433 indicates detention is not appropriate, the child may be
434 released by the department in accordance with ss. 985.115 and
435 985.13.
436 (e) Notwithstanding any other provision of law, a child who
437 is arrested for violating the terms of his or her electronic
438 monitoring supervision or his or her supervised release shall be
439 placed in secure detention until his or her detention hearing.
440 (f) Notwithstanding any other provision of law, a child on
441 probation for an underlying felony firearm offense in chapter
442 790 and who is taken into custody under s. 985.101 for violating
443 conditions of probation not involving a new law violation shall
444 be held in secure detention to allow the state attorney to
445 review the violation. If, within 21 days, the state attorney
446 notifies the court that commitment will be sought, then the
447 child shall remain in secure detention pending proceedings under
448 s. 985.439 until the initial 21-day period of secure detention
449 has expired. Upon motion of the state attorney, the child may be
450 held for an additional 21-day period if the court finds that the
451 totality of the circumstances, including the preservation of
452 public safety, warrants such extension. Any release from secure
453 detention shall result in the child being held on supervised
454 release with electronic monitoring pending proceedings under s.
455 985.439.
456
457 Under no circumstances shall the department or the state
458 attorney or law enforcement officer authorize the detention of
459 any child in a jail or other facility intended or used for the
460 detention of adults, without an order of the court.
461 Section 9. Paragraph (a) of subsection (1) and subsection
462 (3) of section 985.255, Florida Statutes, are amended, and
463 paragraphs (g) and (h) are added to subsection (1) of that
464 section, to read:
465 985.255 Detention criteria; detention hearing.—
466 (1) Subject to s. 985.25(1), a child taken into custody and
467 placed into detention care shall be given a hearing within 24
468 hours after being taken into custody. At the hearing, the court
469 may order a continued detention status if:
470 (a) The result of the risk assessment instrument pursuant
471 to s. 985.245 indicates secure or supervised release detention
472 or the court makes the findings required under paragraph (3)(b).
473 (g) The court finds probable cause at the detention hearing
474 that the child committed one or more of the following offenses:
475 1. Murder in the first degree under s. 782.04(1)(a).
476 2. Murder in the second degree under s. 782.04(2).
477 3. Armed robbery under s. 812.13(2)(a) that involves the
478 use or possession of a firearm as defined in s. 790.001.
479 4. Armed carjacking under s. 812.133(2)(a) that involves
480 the use or possession of a firearm as defined in s. 790.001.
481 5. Having a firearm while committing a felony under s.
482 790.07(2).
483 6. Armed burglary under s. 810.02(2)(b) that involves the
484 use or possession of a firearm as defined in s. 790.001.
485 7. Delinquent in possession of a firearm under s.
486 790.23(1)(b).
487 8. An attempt to commit any offense listed in this
488 paragraph under s. 777.04.
489 (h) For a child who meets the criteria in paragraph (g):
490 1. There is a presumption that the child presents a risk to
491 public safety and danger to the community and such child must be
492 held in secure detention prior to an adjudicatory hearing,
493 unless the court enters a written order that the child would not
494 present a risk to public safety or a danger to the community if
495 he or she were placed on supervised release detention care.
496 2. The written order releasing a child from secure
497 detention must be based on clear and convincing evidence why the
498 child does not present a risk to public safety or a danger to
499 the community and must list the child’s prior adjudications,
500 dispositions, and prior violations of pretrial release orders. A
501 court releasing a child from secure detention under this
502 subparagraph shall place the child on supervised release
503 detention care with electronic monitoring until the child’s
504 adjudicatory hearing.
505 3. If an adjudicatory hearing has not taken place after 60
506 days of secure detention for a child held in secure detention
507 under this paragraph, the court must prioritize the efficient
508 disposition of cases and hold a review hearing within each
509 successive 7-day review period until the adjudicatory hearing or
510 until the child is placed on supervised release with electronic
511 monitoring under subparagraph 2.
512 4. If the court, under this section, releases a child to
513 supervised release detention care, the court must provide a copy
514 of the written order to the victim, to the law enforcement
515 agency that arrested the child, and to the law enforcement
516 agency with primary jurisdiction over the child’s primary
517 residence.
518 (3)(a) The purpose of the detention hearing required under
519 subsection (1) is to determine the existence of probable cause
520 that the child has committed the delinquent act or violation of
521 law that he or she is charged with and the need for continued
522 detention. The court shall consider use the results of the risk
523 assessment performed by the department and, based on the
524 criteria in subsection (1), shall determine the need for
525 continued detention. If the child is a prolific juvenile
526 offender who is detained under s. 985.26(2)(c), the court shall
527 consider use the results of the risk assessment performed by the
528 department and the criteria in subsection (1) or subsection (2)
529 only to determine whether the prolific juvenile offender should
530 be held in secure detention.
531 (b) If The court may order orders a placement more or less
532 restrictive than indicated by the results of the risk assessment
533 instrument, and, if the court does so, shall state, in writing,
534 clear and convincing reasons for such placement.
535 (c) Except as provided in s. 790.22(8) or s. 985.27, when a
536 child is placed into detention care, or into a respite home or
537 other placement pursuant to a court order following a hearing,
538 the court order must include specific instructions that direct
539 the release of the child from such placement no later than 5
540 p.m. on the last day of the detention period specified in s.
541 985.26 or s. 985.27, whichever is applicable, unless the
542 requirements of such applicable provision have been met or an
543 order of continuance has been granted under s. 985.26(4). If the
544 court order does not include a release date, the release date
545 shall be requested from the court on the same date that the
546 child is placed in detention care. If a subsequent hearing is
547 needed to provide additional information to the court for safety
548 planning, the initial order placing the child in detention care
549 shall reflect the next detention review hearing, which shall be
550 held within 3 calendar days after the child’s initial detention
551 placement.
552 Section 10. Paragraph (b) of subsection (2) of section
553 985.26, Florida Statutes, is amended to read:
554 985.26 Length of detention.—
555 (2)
556 (b) The court may order the child to be held in secure
557 detention beyond 21 days under the following circumstances:
558 1. Upon good cause being shown that the nature of the
559 charge requires additional time for the prosecution or defense
560 of the case or that the totality of the circumstances, including
561 the preservation of public safety, warrants an extension, the
562 court may extend the length of secure detention care for up to
563 an additional 21 days if the child is charged with an offense
564 which, if committed by an adult, would be a capital felony, a
565 life felony, a felony of the first degree or the second degree,
566 a felony of the third degree involving violence against any
567 individual, or any other offense involving the possession or use
568 of a firearm. Except as otherwise provided in subparagraph 2.,
569 the court may continue to extend the period of secure detention
570 care in increments of up to 21 days each by conducting a hearing
571 before the expiration of the current period to determine the
572 need for continued secure detention of the child. At the
573 hearing, the court must make the required findings in writing to
574 extend the period of secure detention. If the court extends the
575 time period for secure detention care, it shall ensure an
576 adjudicatory hearing for the case commences as soon as is
577 reasonably possible considering the totality of the
578 circumstances. The court shall prioritize the efficient
579 disposition of cases in which the child has served 60 or more
580 days in secure detention care.
581 2. When the child is being held in secure detention under
582 s. 985.255(1)(g), and subject to s. 985.255(1)(h).
583 Section 11. Paragraph (d) is added to subsection (7) of
584 section 985.433, Florida Statutes, and subsections (8) and (9)
585 of that section are amended, to read:
586 985.433 Disposition hearings in delinquency cases.—When a
587 child has been found to have committed a delinquent act, the
588 following procedures shall be applicable to the disposition of
589 the case:
590 (7) If the court determines that the child should be
591 adjudicated as having committed a delinquent act and should be
592 committed to the department, such determination shall be in
593 writing or on the record of the hearing. The determination shall
594 include a specific finding of the reasons for the decision to
595 adjudicate and to commit the child to the department, including
596 any determination that the child was a member of a criminal
597 gang.
598 (d) Any child adjudicated by the court and committed to the
599 department under a restrictiveness level described in s.
600 985.03(44)(a)–(d), for any offense or attempted offense
601 involving a firearm must be placed on conditional release, as
602 defined in s. 985.03, for a period of 1 year following his or
603 her release from a commitment program. Such term of conditional
604 release shall include electronic monitoring of the child by the
605 department for the initial 6 months following his or her release
606 and at times and under terms and conditions set by the
607 department.
608 (8) If the court determines not to adjudicate and commit to
609 the department, then the court shall determine what community
610 based sanctions it will impose in a probation program for the
611 child. Community-based sanctions may include, but are not
612 limited to, participation in substance abuse treatment, a day
613 treatment probation program, restitution in money or in kind, a
614 curfew, revocation or suspension of the driver license of the
615 child, community service, and appropriate educational programs
616 as determined by the district school board.
617 (a)1. Where a child is found to have committed an offense
618 that involves the use or possession of a firearm, as defined in
619 s. 790.001, other than a violation of s. 790.22(3), or is found
620 to have committed an offense during the commission of which the
621 child possessed a firearm, and the court has decided not to
622 commit the child to a residential program, the court shall order
623 the child, in addition to any other punishment provided by law,
624 to:
625 a. Serve a period of detention of 30 days in a secure
626 detention facility, with credit for time served in secure
627 detention prior to disposition.
628 b. Perform 100 hours of community service or paid work as
629 determined by the department.
630 c. Be placed on probation for a period of at least 1 year.
631 Such term of probation shall include electronic monitoring of
632 the child by the department at times and under terms and
633 conditions set by the department.
634 2. In addition to the penalties in subparagraph 1., the
635 court may impose the following restrictions upon the child’s
636 driving privileges:
637 a. If the child is eligible by reason of age for a driver
638 license or driving privilege, the court may direct the
639 Department of Highway Safety and Motor Vehicles to revoke or to
640 withhold issuance of the child’s driver license or driving
641 privilege for up to 1 year.
642 b. If the child’s driver license or driving privilege is
643 under suspension or revocation for any reason, the court may
644 direct the Department of Highway Safety and Motor Vehicles to
645 extend the period of suspension or revocation by an additional
646 period for up to 1 year.
647 c. If the child is ineligible by reason of age for a driver
648 license or driving privilege, the court may direct the
649 Department of Highway Safety and Motor Vehicles to withhold
650 issuance of the minor’s driver license or driving privilege for
651 up to 1 year after the date on which the child would otherwise
652 have become eligible.
653
654 For the purposes of this paragraph, community service shall be
655 performed, if possible, in a manner involving a hospital
656 emergency room or other medical environment that deals on a
657 regular basis with trauma patients and gunshot wounds.
658 (b) A child who has previously had adjudication withheld
659 for any of the following offenses shall not be eligible for a
660 second or subsequent withhold of adjudication if he or she is
661 subsequently found to have committed any of the following
662 offenses, and must be adjudicated delinquent and committed to a
663 residential program:
664 1. Armed robbery involving a firearm under s. 812.13(2)(a).
665 2. Armed carjacking under s. 812.133(2)(a) involving the
666 use or possession of a firearm as defined in s. 790.001.
667 3. Having a firearm while committing a felony under s.
668 790.07(2).
669 4. Armed burglary under s. 810.02(2)(b) involving the use
670 or possession of a firearm as defined in s. 790.001.
671 5. Delinquent in possession of a firearm under s.
672 790.23(1)(b).
673 6. An attempt to commit any offense listed in this
674 paragraph under s. 777.04.
675 (9) After appropriate sanctions for the offense are
676 determined, including any minimum sanctions required by this
677 section, the court shall develop, approve, and order a plan of
678 probation that will contain rules, requirements, conditions, and
679 rehabilitative programs, including the option of a day-treatment
680 probation program, that are designed to encourage responsible
681 and acceptable behavior and to promote both the rehabilitation
682 of the child and the protection of the community.
683 Section 12. Subsections (1), (3), and (4) of section
684 985.435, Florida Statutes, are amended to read:
685 985.435 Probation and postcommitment probation; community
686 service.—
687 (1) The court that has jurisdiction over an adjudicated
688 delinquent child may, by an order stating the facts upon which a
689 determination of a sanction and rehabilitative program was made
690 at the disposition hearing, place the child in a probation
691 program or a postcommitment probation program. Such placement
692 must be under the supervision of an authorized agent of the
693 department or of any other person or agency specifically
694 authorized and appointed by the court, whether in the child’s
695 own home, in the home of a relative of the child, or in some
696 other suitable place under such reasonable conditions as the
697 court may direct.
698 (3) A probation program must also include a rehabilitative
699 program component such as a requirement of participation in
700 substance abuse treatment or in a school or career and technical
701 education program. The nonconsent of the child to treatment in a
702 substance abuse treatment program in no way precludes the court
703 from ordering such treatment. Upon the recommendation of the
704 department at the time of disposition, or subsequent to
705 disposition pursuant to the filing of a petition alleging a
706 violation of the child’s conditions of postcommitment probation,
707 the court may order the child to submit to random testing for
708 the purpose of detecting and monitoring the use of alcohol or
709 controlled substances.
710 (4) A probation program must may also include an
711 alternative consequence component to address instances in which
712 a child is noncompliant with technical conditions of his or her
713 probation but has not committed any new violations of law. The
714 alternative consequence component must be aligned with the
715 department’s graduated response matrix as described in s.
716 985.438 Each judicial circuit shall develop, in consultation
717 with judges, the state attorney, the public defender, the
718 regional counsel, relevant law enforcement agencies, and the
719 department, a written plan specifying the alternative
720 consequence component which must be based upon the principle
721 that sanctions must reflect the seriousness of the violation,
722 the assessed criminogenic needs and risks of the child, the
723 child’s age and maturity level, and how effective the sanction
724 or incentive will be in moving the child to compliant behavior.
725 The alternative consequence component is designed to provide
726 swift and appropriate consequences or incentives to a child who
727 is alleged to be noncompliant with or in violation of probation.
728 If the probation program includes this component, specific
729 consequences that apply to noncompliance with specific technical
730 conditions of probation, as well as incentives used to move the
731 child toward compliant behavior, must be detailed in the
732 disposition order.
733 Section 13. Section 985.438, Florida Statutes, is created
734 to read:
735 985.438 Graduated response matrix.—
736 (1) The department shall create and administer a statewide
737 plan to hold youths accountable to the terms of their court
738 ordered probation and the terms of their conditional release.
739 The plan must be based upon the principle that sanctions must
740 reflect the seriousness of the violation, provide immediate
741 accountability for violations, the assessed criminogenic needs
742 and risks of the child, and the child’s age and maturity level.
743 The plan is designed to provide swift and appropriate
744 consequences or incentives to a child who is alleged to be
745 noncompliant with or in violation of his or her probation.
746 (2) The graduated response matrix shall outline sanctions
747 for youth based on their risk to reoffend and shall include, but
748 not be limited to:
749 (a) Increased contacts.
750 (b) Increased drug tests.
751 (c) Curfew reductions.
752 (d) Increased community service.
753 (e) Additional evaluations.
754 (f) Addition of electronic monitoring.
755 (3) The graduated response matrix shall be adopted in rule
756 by the department.
757 Section 14. Section 985.439, Florida Statutes, is amended
758 to read:
759 985.439 Violation of probation or postcommitment
760 probation.—
761 (1)(a) This section is applicable when the court has
762 jurisdiction over a child on probation or postcommitment
763 probation, regardless of adjudication.
764 (b) If the conditions of the probation program or the
765 postcommitment probation program are violated, the department or
766 the state attorney may bring the child before the court on a
767 petition alleging a violation of the program. A child who
768 violates the conditions of probation or postcommitment probation
769 must be brought before the court if sanctions are sought.
770 (c) Upon receiving notice of a violation of probation from
771 the department, the state attorney must file the violation
772 within 5 days or provide in writing to the department and the
773 court the reason as to why he or she is not filing.
774 (2) A child taken into custody under s. 985.101 for
775 violating the conditions of probation shall be screened and
776 detained or released based on his or her risk assessment
777 instrument score.
778 (3) If the child denies violating the conditions of
779 probation or postcommitment probation, the court shall, upon the
780 child’s request, appoint counsel to represent the child.
781 (4) Upon the child’s admission, or if the court finds after
782 a hearing that the child has violated the conditions of
783 probation or postcommitment probation, the court shall enter an
784 order revoking, modifying, or continuing probation or
785 postcommitment probation. In each such case, the court shall
786 enter a new disposition order and, in addition to the sanctions
787 set forth in this section, may impose any sanction the court
788 could have imposed at the original disposition hearing. If the
789 child is found to have violated the conditions of probation or
790 postcommitment probation, the court may:
791 (a) Place the child in supervised release detention with
792 electronic monitoring.
793 (b) If the violation of probation is technical in nature
794 and not a new violation of law, place the child in an
795 alternative consequence program designed to provide swift and
796 appropriate consequences to any further violations of probation.
797 1. Alternative consequence programs shall be established,
798 within existing resources, at the local level in coordination
799 with law enforcement agencies, the chief judge of the circuit,
800 the state attorney, and the public defender.
801 2. Alternative consequence programs may be operated by an
802 entity such as a law enforcement agency, the department, a
803 juvenile assessment center, a county or municipality, or another
804 entity selected by the department.
805 3. Upon placing a child in an alternative consequence
806 program, the court must approve specific consequences for
807 specific violations of the conditions of probation.
808 (c) Modify or continue the child’s probation program or
809 postcommitment probation program.
810 (d) Revoke probation or postcommitment probation and commit
811 the child to the department.
812 (e) Allow the department to place a child on electronic
813 monitoring for a violation of probation if it determines doing
814 so will preserve and protect public safety.
815 (5) Upon the recommendation of the department at the time
816 of disposition, or subsequent to disposition pursuant to the
817 filing of a petition alleging a violation of the child’s
818 conditions of postcommitment probation, the court may order the
819 child to submit to random testing for the purpose of detecting
820 and monitoring the use of alcohol or controlled substances.
821 Section 15. Subsection (5) is added to section 985.455,
822 Florida Statutes, to read:
823 985.455 Other dispositional issues.—
824 (5) If the court orders revocation or suspension of a
825 child’s driver license as part of a disposition, the court may,
826 upon finding a compelling circumstance to warrant an exception,
827 direct the Department of Highway Safety and Motor Vehicles to
828 issue a license for driving privileges restricted to business or
829 employment purposes only, as defined in s. 322.271.
830 Section 16. Subsections (2), (3), and (5) of section
831 985.46, Florida Statutes, are amended, and subsection (6) is
832 added to that section, to read:
833 985.46 Conditional release.—
834 (2) It is the intent of the Legislature that:
835 (a) Commitment programs include rehabilitative efforts on
836 preparing committed juveniles for a successful release to the
837 community.
838 (b) Conditional release transition planning begins as early
839 in the commitment process as possible.
840 (c) Each juvenile committed to a residential commitment
841 program receive conditional release services be assessed to
842 determine the need for conditional release services upon release
843 from the commitment program unless the juvenile is directly
844 released by the court.
845 (3) For juveniles referred or committed to the department,
846 the function of the department may include, but shall not be
847 limited to, supervising each juvenile on conditional release
848 when assessing each juvenile placed in a residential commitment
849 program to determine the need for conditional release services
850 upon release from the program, supervising the juvenile when
851 released into the community from a residential commitment
852 facility of the department, providing such counseling and other
853 services as may be necessary for the families and assisting
854 their preparations for the return of the child. Subject to
855 specific appropriation, the department shall provide for
856 outpatient sexual offender counseling for any juvenile sexual
857 offender released from a residential commitment program as a
858 component of conditional release.
859 (5) Conditional release supervision shall contain, at a
860 minimum, the following conditions:
861 (a)(5) Participation in the educational program by students
862 of compulsory school attendance age pursuant to s. 1003.21(1)
863 and (2)(a) is mandatory for juvenile justice youth on
864 conditional release or postcommitment probation status. A
865 student of noncompulsory school-attendance age who has not
866 received a high school diploma or its equivalent must
867 participate in an educational program or career and technical
868 education course of study. A youth who has received a high
869 school diploma or its equivalent and is not employed must
870 participate in workforce development or other career or
871 technical education or attend a community college or a
872 university while in the program, subject to available funding.
873 (b) A curfew.
874 (c) A prohibition on contact with victims, co-defendants,
875 or known gang members.
876 (d) A prohibition on use of controlled substances.
877 (e) A prohibition on possession of firearms.
878 (6) A youth who violates the terms of his or her
879 conditional release shall be assessed using the graduated
880 response matrix as described in s. 985.438. A youth who fails to
881 move into compliance shall be recommitted to a residential
882 facility.
883 Section 17. Paragraph (c) of subsection (1) of section
884 985.48, Florida Statutes, is amended to read:
885 985.48 Juvenile sexual offender commitment programs; sexual
886 abuse intervention networks.—
887 (1) In order to provide intensive treatment and
888 psychological services to a juvenile sexual offender committed
889 to the department, it is the intent of the Legislature to
890 establish programs and strategies to effectively respond to
891 juvenile sexual offenders. In designing programs for juvenile
892 sexual offenders, it is the further intent of the Legislature to
893 implement strategies that include:
894 (c) Providing intensive postcommitment supervision of
895 juvenile sexual offenders who are released into the community
896 with terms and conditions which may include electronic
897 monitoring of a juvenile sexual offender for the purpose of
898 enhancing public safety.
899 Section 18. Paragraph (a) of subsection (6) of section
900 985.4815, Florida Statutes, is amended to read:
901 985.4815 Notification to Department of Law Enforcement of
902 information on juvenile sexual offenders.—
903 (6)(a) The information provided to the Department of Law
904 Enforcement must include the following:
905 1. The information obtained from the sexual offender under
906 subsection (4).
907 2. The sexual offender’s most current address and place of
908 permanent, temporary, or transient residence within the state or
909 out of state, and address, location or description, and dates of
910 any current or known future temporary residence within the state
911 or out of state, while the sexual offender is in the care or
912 custody or under the jurisdiction or supervision of the
913 department in this state, including the name of the county or
914 municipality in which the offender permanently or temporarily
915 resides, or has a transient residence, and address, location or
916 description, and dates of any current or known future temporary
917 residence within the state or out of state; and, if known, the
918 intended place of permanent, temporary, or transient residence,
919 and address, location or description, and dates of any current
920 or known future temporary residence within the state or out of
921 state upon satisfaction of all sanctions.
922 3. The legal status of the sexual offender and the
923 scheduled termination date of that legal status.
924 4. The location of, and local telephone number for, any
925 department office that is responsible for supervising the sexual
926 offender.
927 5. An indication of whether the victim of the offense that
928 resulted in the offender’s status as a sexual offender was a
929 minor.
930 6. The offense or offenses at adjudication and disposition
931 that resulted in the determination of the offender’s status as a
932 sex offender.
933 7. A digitized photograph of the sexual offender, which
934 must have been taken within 60 days before the offender was
935 released from the custody of the department or a private
936 correctional facility by expiration of sentence under s.
937 944.275, or within 60 days after the onset of the department’s
938 supervision of any sexual offender who is on probation,
939 postcommitment probation, residential commitment, nonresidential
940 commitment, licensed child-caring commitment, community control,
941 conditional release, parole, provisional release, or control
942 release or who is supervised by the department under the
943 Interstate Compact Agreement for Probationers and Parolees. If
944 the sexual offender is in the custody of a private correctional
945 facility, the facility shall take a digitized photograph of the
946 sexual offender within the time period provided in this
947 subparagraph and shall provide the photograph to the department.
948 Section 19. Subsection (11) of section 985.601, Florida
949 Statutes, is renumbered as subsection (12), and a new subsection
950 (11) is added to that section, to read:
951 985.601 Administering the juvenile justice continuum.—
952 (11) The department shall establish a class focused on the
953 risk and consequences of youthful firearm offending which shall
954 be provided by the department to any youth who has been
955 adjudicated or had adjudication withheld for any offense
956 involving the use or possession of a firearm.
957 Section 20. Section 985.711, Florida Statutes, is amended
958 to read:
959 985.711 Introduction, removal, or possession of certain
960 articles unlawful; penalty.—
961 (1)(a) Except as authorized through program policy or
962 operating procedure or as authorized by the facility
963 superintendent, program director, or manager, a person may not
964 introduce into or upon the grounds of a juvenile detention
965 facility or commitment program, or take or send, or attempt to
966 take or send, from a juvenile detention facility or commitment
967 program, any of the following articles, which are declared to be
968 contraband under this section:
969 1. Any unauthorized article of food or clothing given or
970 transmitted, or intended to be given or transmitted, to any
971 youth in a juvenile detention facility or commitment program.
972 2. Any intoxicating beverage or any beverage that causes or
973 may cause an intoxicating effect.
974 3. Any controlled substance as defined in s. 893.02(4),
975 marijuana as defined in s. 381.986, hemp as defined in s.
976 581.217, industrial hemp as defined in s. 1004.4473, or any
977 prescription or nonprescription drug that has a hypnotic,
978 stimulating, or depressing effect.
979 4. Any firearm or weapon of any kind or any explosive
980 substance.
981 5. Any cellular telephone or other portable communication
982 device as described in s. 944.47(1)(a)6., intentionally and
983 unlawfully introduced inside the secure perimeter of any
984 juvenile detention facility or commitment program. As used in
985 this subparagraph, the term “portable communication device” does
986 not include any device that has communication capabilities which
987 has been approved or issued by the facility superintendent,
988 program director, or manager.
989 6. Any vapor-generating electronic device as defined in s.
990 386.203, intentionally and unlawfully introduced inside the
991 secure perimeter of any juvenile detention facility or
992 commitment program.
993 7. Any currency or coin given or transmitted, or intended
994 to be given or transmitted, to any youth in any juvenile
995 detention facility or commitment program.
996 8. Any cigarettes, as defined in s. 210.01(1) or tobacco
997 products, as defined in s. 210.25, given, or intended to be
998 given, to any youth in a juvenile detention facility or
999 commitment program.
1000 (b) A person may not transmit contraband to, cause
1001 contraband to be transmitted to or received by, attempt to
1002 transmit contraband to, or attempt to cause contraband to be
1003 transmitted to or received by, a juvenile offender into or upon
1004 the grounds of a juvenile detention facility or commitment
1005 program, except as authorized through program policy or
1006 operating procedures or as authorized by the facility
1007 superintendent, program director, or manager.
1008 (c) A juvenile offender or any person, while upon the
1009 grounds of a juvenile detention facility or commitment program,
1010 may not be in actual or constructive possession of any article
1011 or thing declared to be contraband under this section, except as
1012 authorized through program policy or operating procedures or as
1013 authorized by the facility superintendent, program director, or
1014 manager.
1015 (2)(a) Any person who violates this section as it pertains
1016 to an article of contraband described in subparagraph (1)(a)1.
1017 commits a felony of the third degree, punishable as provided in
1018 s. 775.082, s. 775.083, or s. 775.084.
1019 (b) Any person who violates this section as it pertains to
1020 an article of contraband described in subparagraph (1)(a)5. or
1021 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
1022 punishable as provided in s. 775.082 or s. 775.083.
1023 (c) In all other cases, A person who violates this section
1024 commits a felony of the second degree, punishable as provided in
1025 s. 775.082, s. 775.083, or s. 775.084.
1026 Section 21. Paragraph (c) of subsection (2) of section
1027 1002.221, Florida Statutes, is amended to read:
1028 1002.221 K-12 education records; public records exemption.—
1029 (2)
1030 (c) In accordance with the FERPA and the federal
1031 regulations issued pursuant to the FERPA, an agency or
1032 institution, as defined in s. 1002.22, may release a student’s
1033 education records without written consent of the student or
1034 parent to parties to an interagency agreement among the
1035 Department of Juvenile Justice, the school, law enforcement
1036 authorities, and other signatory agencies. Information provided
1037 pursuant to an interagency agreement may be used for proceedings
1038 initiated under chapter 984 or chapter 985 in furtherance of an
1039 interagency agreement is intended solely for use in determining
1040 the appropriate programs and services for each juvenile or the
1041 juvenile’s family, or for coordinating the delivery of the
1042 programs and services, and as such is inadmissible in any court
1043 proceeding before a dispositional hearing unless written consent
1044 is provided by a parent or other responsible adult on behalf of
1045 the juvenile.
1046 Section 22. Paragraph (b) of subsection (3) of section
1047 943.051, Florida Statutes, is amended to read:
1048 943.051 Criminal justice information; collection and
1049 storage; fingerprinting.—
1050 (3)
1051 (b) A minor who is charged with or found to have committed
1052 the following offenses shall be fingerprinted and the
1053 fingerprints shall be submitted electronically to the
1054 department, unless the minor is issued a prearrest delinquency
1055 civil citation pursuant to s. 985.12:
1056 1. Assault, as defined in s. 784.011.
1057 2. Battery, as defined in s. 784.03.
1058 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1059 4. Unlawful use of destructive devices or bombs, as defined
1060 in s. 790.1615(1).
1061 5. Neglect of a child, as defined in s. 827.03(1)(e).
1062 6. Assault or battery on a law enforcement officer, a
1063 firefighter, or other specified officers, as defined in s.
1064 784.07(2)(a) and (b).
1065 7. Open carrying of a weapon, as defined in s. 790.053.
1066 8. Exposure of sexual organs, as defined in s. 800.03.
1067 9. Unlawful possession of a firearm, as defined in s.
1068 790.22(5).
1069 10. Petit theft, as defined in s. 812.014(3).
1070 11. Cruelty to animals, as defined in s. 828.12(1).
1071 12. Arson, as defined in s. 806.031(1).
1072 13. Unlawful possession or discharge of a weapon or firearm
1073 at a school-sponsored event or on school property, as provided
1074 in s. 790.115.
1075 Section 23. Paragraph (b) of subsection (1) of section
1076 985.11, Florida Statutes, is amended to read:
1077 985.11 Fingerprinting and photographing.—
1078 (1)
1079 (b) Unless the child is issued a prearrest delinquency
1080 civil citation or is participating in a similar diversion
1081 program pursuant to s. 985.12, a child who is charged with or
1082 found to have committed one of the following offenses shall be
1083 fingerprinted, and the fingerprints shall be submitted to the
1084 Department of Law Enforcement as provided in s. 943.051(3)(b):
1085 1. Assault, as defined in s. 784.011.
1086 2. Battery, as defined in s. 784.03.
1087 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1088 4. Unlawful use of destructive devices or bombs, as defined
1089 in s. 790.1615(1).
1090 5. Neglect of a child, as defined in s. 827.03(1)(e).
1091 6. Assault on a law enforcement officer, a firefighter, or
1092 other specified officers, as defined in s. 784.07(2)(a).
1093 7. Open carrying of a weapon, as defined in s. 790.053.
1094 8. Exposure of sexual organs, as defined in s. 800.03.
1095 9. Unlawful possession of a firearm, as defined in s.
1096 790.22(5).
1097 10. Petit theft, as defined in s. 812.014.
1098 11. Cruelty to animals, as defined in s. 828.12(1).
1099 12. Arson, resulting in bodily harm to a firefighter, as
1100 defined in s. 806.031(1).
1101 13. Unlawful possession or discharge of a weapon or firearm
1102 at a school-sponsored event or on school property as defined in
1103 s. 790.115.
1104
1105 A law enforcement agency may fingerprint and photograph a
1106 child taken into custody upon probable cause that such child has
1107 committed any other violation of law, as the agency deems
1108 appropriate. Such fingerprint records and photographs shall be
1109 retained by the law enforcement agency in a separate file, and
1110 these records and all copies thereof must be marked “Juvenile
1111 Confidential.” These records are not available for public
1112 disclosure and inspection under s. 119.07(1) except as provided
1113 in ss. 943.053 and 985.04(2), but shall be available to other
1114 law enforcement agencies, criminal justice agencies, state
1115 attorneys, the courts, the child, the parents or legal
1116 custodians of the child, their attorneys, and any other person
1117 authorized by the court to have access to such records. In
1118 addition, such records may be submitted to the Department of Law
1119 Enforcement for inclusion in the state criminal history records
1120 and used by criminal justice agencies for criminal justice
1121 purposes. These records may, in the discretion of the court, be
1122 open to inspection by anyone upon a showing of cause. The
1123 fingerprint and photograph records shall be produced in the
1124 court whenever directed by the court. Any photograph taken
1125 pursuant to this section may be shown by a law enforcement
1126 officer to any victim or witness of a crime for the purpose of
1127 identifying the person who committed such crime.
1128 Section 24. Paragraph (n) of subsection (2) of section
1129 1006.07, Florida Statutes, is amended to read:
1130 1006.07 District school board duties relating to student
1131 discipline and school safety.—The district school board shall
1132 provide for the proper accounting for all students, for the
1133 attendance and control of students at school, and for proper
1134 attention to health, safety, and other matters relating to the
1135 welfare of students, including:
1136 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
1137 conduct for elementary schools and a code of student conduct for
1138 middle and high schools and distribute the appropriate code to
1139 all teachers, school personnel, students, and parents, at the
1140 beginning of every school year. Each code shall be organized and
1141 written in language that is understandable to students and
1142 parents and shall be discussed at the beginning of every school
1143 year in student classes, school advisory council meetings, and
1144 parent and teacher association or organization meetings. Each
1145 code shall be based on the rules governing student conduct and
1146 discipline adopted by the district school board and shall be
1147 made available in the student handbook or similar publication.
1148 Each code shall include, but is not limited to:
1149 (n) Criteria for recommending to law enforcement that a
1150 student who commits a criminal offense be allowed to participate
1151 in a prearrest delinquency citation civil citation or similar
1152 prearrest diversion program as an alternative to expulsion or
1153 arrest. All prearrest delinquency citation civil citation or
1154 similar prearrest diversion programs must comply with s. 985.12.
1155 Section 25. This act shall take effect July 1, 2024.
1156
1157 ================= T I T L E A M E N D M E N T ================
1158 And the title is amended as follows:
1159 Delete everything before the enacting clause
1160 and insert:
1161 A bill to be entitled
1162 An act relating to juvenile justice; amending s.
1163 790.115, F.S.; removing a provision requiring
1164 specified treatment of minors charged with possessing
1165 or discharging a firearm on school property; amending
1166 s. 790.22, F.S.; revising penalties for minors
1167 committing specified firearms violations; removing
1168 provisions concerning minors charged with or convicted
1169 of certain firearms offenses; amending s. 985.101,
1170 F.S.; conforming provisions to changes made by the
1171 act; amending s. 985.12, F.S.; redesignating civil
1172 citation programs as prearrest delinquency citation
1173 programs; revising program requirements; providing
1174 that certain existing programs meeting certain
1175 requirements shall be deemed authorized; amending s.
1176 985.125, F.S.; conforming provisions to changes made
1177 by the act; amending s. 985.126, F.S.; requiring the
1178 Department of Juvenile Justice to publish a quarterly
1179 report concerning entities using delinquency citations
1180 for less than a specified amount of eligible offenses;
1181 amending s. 985.245, F.S.; conforming provisions to
1182 changes made by the act; amending s. 985.25, F.S.;
1183 requiring that youths who are arrested for certain
1184 electronic monitoring violations be placed in secure
1185 detention until a detention hearing; requiring that a
1186 child on probation for an underlying felony firearm
1187 offense who is taken into custody be placed in secure
1188 detention; providing for renewal of secure detention
1189 periods in certain circumstances; amending s. 985.255,
1190 F.S.; providing that when there is probable cause that
1191 a child committed one of a specified list of offenses
1192 that he or she is presumed to be a risk to public
1193 safety and danger to the community and must be held in
1194 secure a detention before an adjudicatory hearing;
1195 providing requirements for release of such a child
1196 despite the presumption; revising language concerning
1197 the use of risk assessments; amending s. 985.26, F.S.;
1198 revising requirements for holding a child in secure
1199 detention for more than 21 days; amending s. 985.433,
1200 F.S.; requiring conditional release conditions for
1201 children released after confinement for specified
1202 firearms offenses; requiring specified sanctions for
1203 certain children adjudicated for certain firearms
1204 offenses who are not committed to a residential
1205 program; providing that children who previously have
1206 had adjudication withheld for certain offenses my not
1207 have adjudication withheld for specified offenses;
1208 amending s. 985.435, F.S.; conforming provisions to
1209 changes made by the act; creating s. 985.438, F.S.;
1210 requiring the Department of Juvenile Justice to create
1211 and administer a graduated response matrix to hold
1212 youths accountable to the terms of their court ordered
1213 probation and the terms of their conditional release;
1214 providing requirements for the matrix; amending s.
1215 985.439, F.S.; requiring a state attorney to file a
1216 probation violation within a specified period or
1217 inform the court and the Department of Juvenile
1218 Justice why such violation is not filed; removing
1219 provisions concerning an alternative consequence
1220 program; allowing placement of electronic monitoring
1221 for probation violations in certain circumstances;
1222 amending s. 985.455, F.S.; authorizing a court to make
1223 an exception to an order of revocation or suspension
1224 of driving privileges in certain circumstances;
1225 amending s. 985.46, F.S.; revising legislative intent
1226 concerning conditional release; revising the
1227 conditions of conditional release; providing for
1228 assessment of conditional release violations and
1229 possible recommitment of violators; amending ss.
1230 985.48 and 985.4815, F.S.; conforming provisions to
1231 changes made by the act; amending s. 985.601, F.S.;
1232 requiring the Department of Juvenile justice to
1233 establish a specified class for firearms offenders;
1234 amending s. 985.711, F.S.; revising provisions
1235 concerning introduction of contraband into department
1236 facilities; revising criminal penalties for
1237 violations; amending s. 1002.221, F.S.; revising
1238 provisions concerning educational records for certain
1239 purposes; amending ss. 943.051, 985.11, and 1006.07,
1240 F.S.; conforming provisions to changes made by the
1241 act; providing an effective date.