Senate Bill 1734

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1734

    By Senator Campbell





    33-1196-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to juvenile and criminal

  3         justice; amending s. 985.216, F.S., relating to

  4         punishment of a delinquent child for contempt

  5         of court and alternative sanctions; removing

  6         certain time limitations upon placement of a

  7         delinquent child held in contempt in a secure

  8         detention facility or secure residential

  9         commitment facility; amending s. 985.414, F.S.,

10         relating to county juvenile justice councils;

11         requiring that specified entities participate

12         in the interagency agreement developed by the

13         county juvenile justice council; specifying

14         information to be included in the agreement;

15         amending s. 985.415, F.S.; clarifying the

16         minimum requirements to be included in an

17         application for a community juvenile justice

18         partnership grant; revising requirements for

19         application for a community juvenile justice

20         partnership grant to remove a requirement for

21         participation by specified entities; amending

22         s. 985.215, F.S., relating to detention;

23         providing for continued detention of a child

24         who has failed to appear in court on two

25         separate occasions in the same case; providing

26         for extension up to 30 days of the time limits

27         upon detention of a child, under specified

28         circumstances; amending ss. 790.22(8),

29         985.213(2)(b), F.S., and reenacting ss.

30         985.208(1), 985.211(2),(4), 985.219(5), F.S.,

31         relating to release or delivery from custody,

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         use of detention, juvenile domestic violence

  2         offenders, process and service, detention of a

  3         furloughed or escaped child, and weapons or

  4         firearms offenses by minors to incorporate the

  5         amendment of s. 985.219, F.S., in references;

  6         amending s. 985.209, F.S.; authorizing

  7         establishment of truancy programs by juvenile

  8         justice assessment centers; defining "truant

  9         student" to include enrolled students between 6

10         years of age and 18 years of age; amending s.

11         230.23161, F.S., relating to educational

12         services in Department of Juvenile Justice

13         programs; providing a maximum limitation on

14         administrative costs under certain contracts by

15         school districts for such programs; amending s.

16         806.13, F.S., relating to criminal mischief;

17         redefining the first-degree misdemeanor

18         criminal mischief offense to include damage to

19         property greater than $200 but less than $500

20         and providing penalties therefor; redefining

21         third-degree felony criminal mischief to

22         include certain damages of $500 or greater and

23         providing penalties therefor; amending s.

24         921.0022, F.S., relating to the criminal

25         punishment code, to conform to the amendment of

26         s. 806.13, F.S.; amending s. 812.014, F.S.,

27         relating to theft; providing

28         second-degree-felony penalties for a person who

29         commits grand theft of a motor vehicle and who

30         has previously been convicted two or more times

31         of motor vehicle theft; reenacting s.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         538.23(2), F.S., relating to offenses by

  2         secondary metal recyclers, to incorporate said

  3         amendment in references; requiring cooperative

  4         agreements between the Department of Juvenile

  5         Justice and the Department of Children and

  6         Family Services for the provision of mental

  7         health and substance abuse treatment services

  8         to youth in the juvenile justice system;

  9         requiring the Office of Program Policy Analysis

10         and Government Accountability to conduct a

11         performance review of the provision of mental

12         health and substance abuse treatment services

13         to youth in the juvenile justice system;

14         requiring a report; amending s. 985.234, F.S.;

15         providing for appeal by the state of an order

16         denying restitution, under certain

17         circumstances when the order affects a party to

18         a case involving delinquency; providing

19         effective dates.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Paragraph (a) of subsection (2) of section

24  985.216, Florida Statutes, is amended to read:

25         985.216  Punishment for contempt of court; alternative

26  sanctions.--

27         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

28  placed in a secure facility for purposes of punishment for

29  contempt of court if alternative sanctions are unavailable or

30  inappropriate, or if the child has already been ordered to

31

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  serve an alternative sanction but failed to comply with the

  2  sanction.

  3         (a)  A delinquent child who has been held in direct or

  4  indirect contempt may be placed in a secure detention facility

  5  for 5 days for a first offense or 15 days for a second or

  6  subsequent offense, or in a secure residential commitment

  7  facility.

  8         Section 2.  Paragraph (b) of subsection (2) of section

  9  985.414, Florida Statutes, is amended to read:

10         985.414  County juvenile justice councils.--

11         (2)

12         (b)  The duties and responsibilities of a county

13  juvenile justice council include, but are not limited to:

14         1.  Developing a county juvenile justice plan based

15  upon utilization of the resources of law enforcement, the

16  school system, the Department of Juvenile Justice, the

17  Department of Children and Family Services, and others in a

18  cooperative and collaborative manner to prevent or discourage

19  juvenile crime and develop meaningful alternatives to school

20  suspensions and expulsions.

21         2.  Entering into a written county interagency

22  agreement specifying the nature and extent of contributions

23  each signatory agency will make in achieving the goals of the

24  county juvenile justice plan and their commitment to the

25  sharing of information useful in carrying out the goals of the

26  interagency agreement to the extent authorized by law. The

27  interagency agreement must include at least the following

28  participants: the local school authorities, local law

29  enforcement, and local representatives of the Department of

30  Juvenile Justice and the Department of Children and Family

31  Services. The interagency agreement must specify how community

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  entities will cooperate, collaborate, and share information in

  2  furtherance of the goals of the district and county juvenile

  3  justice plan.

  4         3.  Applying for and receiving public or private

  5  grants, to be administered by one of the community partners,

  6  that support one or more components of the county juvenile

  7  justice plan.

  8         4.  Designating the county representatives to the

  9  district juvenile justice board pursuant to s. 985.413.

10         5.  Providing a forum for the presentation of

11  interagency recommendations and the resolution of

12  disagreements relating to the contents of the county

13  interagency agreement or the performance by the parties of

14  their respective obligations under the agreement.

15         6.  Assisting and directing the efforts of local

16  community support organizations and volunteer groups in

17  providing enrichment programs and other support services for

18  clients of local juvenile detention centers.

19         7.  Providing an annual report and recommendations to

20  the district juvenile justice board, the Juvenile Justice

21  Advisory Board, and the district juvenile justice manager.

22         Section 3.  Subsection (1) of section 985.415, Florida

23  Statutes, is amended to read:

24         985.415  Community Juvenile Justice Partnership

25  Grants.--

26         (1)  GRANTS; CRITERIA.--

27         (a)  In order to encourage the development of county

28  and district juvenile justice plans, as required in ss.

29  985.413(3)(d) 2. and (4) and 985.414(2)(b) 1., and the

30  development and implementation of county and district

31  interagency agreements, as required in ss. 985.413(3)(d) 3.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  and 985.414(2)(b) 2., among representatives of the Department

  2  of Juvenile Justice, the Department of Children and Family

  3  Services, law enforcement, and school authorities, the

  4  community juvenile justice partnership grant program is

  5  established, which program shall be administered by the

  6  Department of Juvenile Justice.

  7         (b)  The department shall only consider only

  8  applications that which at a minimum provide for the

  9  following:

10         1.  The participation and cooperation of the agencies

11  or programs that are needed to implement the project or

12  program for which the applicant is applying of the local

13  school authorities, local law enforcement, and local

14  representatives of the Department of Juvenile Justice and the

15  Department of Children and Family Services pursuant to a

16  written interagency partnership agreement. Such agreement must

17  specify how community entities will cooperate, collaborate,

18  and share information in furtherance of the goals of the

19  district and county juvenile justice plan; and

20         2.  The reduction of truancy and in-school and

21  out-of-school suspensions and expulsions, and the enhancement

22  of school safety.

23         (c)  In addition, the department may consider the

24  following criteria in awarding grants:

25         1.  The district juvenile justice plan and any county

26  juvenile justice plans that are referred to or incorporated

27  into the district plan, including a list of individuals,

28  groups, and public and private entities that participated in

29  the development of the plan.

30         2.  The diversity of community entities participating

31  in the development of the district juvenile justice plan.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         3.  The number of community partners who will be

  2  actively involved in the operation of the grant program.

  3         4.  The number of students or youths to be served by

  4  the grant and the criteria by which they will be selected.

  5         5.  The criteria by which the grant program will be

  6  evaluated and, if deemed successful, the feasibility of

  7  implementation in other communities.

  8         Section 4.  Paragraph (h) is added to subsection (2) of

  9  section 985.215, Florida Statutes, and paragraph (d) of

10  subsection (5) of that section is amended, to read:

11         985.215  Detention.--

12         (2)  Subject to the provisions of subsection (1), a

13  child taken into custody and placed into nonsecure or home

14  detention care or detained in secure detention care prior to a

15  detention hearing may continue to be detained by the court if:

16         (h)  The child has failed to appear in court on two

17  separate occasions in the same case.

18

19  A child who meets any of these criteria and who is ordered to

20  be detained pursuant to this subsection shall be given a

21  hearing within 24 hours after being taken into custody. The

22  purpose of the detention hearing is to determine the existence

23  of probable cause that the child has committed the delinquent

24  act or violation of law with which he or she is charged and

25  the need for continued detention. Unless a child is detained

26  under paragraph (d), the court shall utilize the results of

27  the risk assessment performed by the intake counselor or case

28  manager and, based on the criteria in this subsection, shall

29  determine the need for continued detention. A child placed

30  into secure, nonsecure, or home detention care may continue to

31  be so detained by the court pursuant to this subsection. If

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  the court orders a placement more restrictive than indicated

  2  by the results of the risk assessment instrument, the court

  3  shall state, in writing, clear and convincing reasons for such

  4  placement. Except as provided in s. 790.22(8) or in

  5  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

  6  or paragraph (10)(d), when a child is placed into secure or

  7  nonsecure detention care, or into a respite home or other

  8  placement pursuant to a court order following a hearing, the

  9  court order must include specific instructions that direct the

10  release of the child from such placement no later than 5 p.m.

11  on the last day of the detention period specified in paragraph

12  (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,

13  whichever is applicable, unless the requirements of such

14  applicable provision have been met or an order of continuance

15  has been granted pursuant to paragraph (5)(d).

16         (5)

17         (d)  The time limits in paragraphs (b) and (c) do not

18  include periods of delay resulting from a continuance granted

19  by the court for cause on motion of the child or his or her

20  counsel or of the state. Cause may be found and the time limit

21  for detention may be extended if the child is charged with a

22  capital felony, life felony, or felony of the first degree and

23  the nature of the charge requires additional time for the

24  prosecution or defense of the case, but in no event shall the

25  time limit be extended beyond 30 days. Upon the issuance of an

26  order granting a continuance for cause on a motion by either

27  the child, the child's counsel, or the state, the court shall

28  conduct a hearing at the end of each 72-hour period, excluding

29  Saturdays, Sundays, and legal holidays, to determine the need

30  for continued detention of the child and the need for further

31  continuance of proceedings for the child or the state.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         Section 5.  For the purpose of incorporating the

  2  amendments to section 985.215, Florida Statutes, in references

  3  thereto, subsection (8) of section 790.22, Florida Statutes,

  4  is amended to read:

  5         790.22  Use of BB guns, air or gas-operated guns, or

  6  electric weapons or devices by minor under 16; limitation;

  7  possession of firearms by minor under 18 prohibited;

  8  penalties.--

  9         (8)  Notwithstanding s. 985.213 s. 39.042 or s.

10  985.215(1) s. 39.044(1), if a minor under 18 years of age is

11  charged with an offense that involves the use or possession of

12  a firearm, as defined in s. 790.001, other than a violation of

13  subsection (3), or is charged for any offense during the

14  commission of which the minor possessed a firearm, the minor

15  shall be detained in secure detention, unless the state

16  attorney authorizes the release of the minor, and shall be

17  given a hearing within 24 hours after being taken into

18  custody. Effective April 15, 1994, at the hearing, the court

19  may order that the minor continue to be held in secure

20  detention in accordance with the applicable time periods

21  specified in s. 985.215(5) s. 39.044(5), if the court finds

22  that the minor meets the criteria specified in s. 985.215(2)

23  s. 39.044(2), or if the court finds by clear and convincing

24  evidence that the minor is a clear and present danger to

25  himself or herself or the community. The Department of

26  Juvenile Justice shall prepare a form for all minors charged

27  under this subsection that states the period of detention and

28  the relevant demographic information, including, but not

29  limited to, the sex, age, and race of the minor; whether or

30  not the minor was represented by private counsel or a public

31  defender; the current offense; and the minor's complete prior

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  record, including any pending cases. The form shall be

  2  provided to the judge to be considered when determining

  3  whether the minor should be continued in secure detention

  4  under this subsection. An order placing a minor in secure

  5  detention because the minor is a clear and present danger to

  6  himself or herself or the community must be in writing, must

  7  specify the need for detention and the benefits derived by the

  8  minor or the community by placing the minor in secure

  9  detention, and must include a copy of the form provided by the

10  department. The Department of Juvenile Justice must send the

11  form, including a copy of any order, without

12  client-identifying information, to the Division of Economic

13  and Demographic Research of the Joint Legislative Management

14  Committee.

15         Section 6.  For the purpose of incorporating the

16  amendments to section 985.215, Florida Statutes, in references

17  thereto, paragraph (b) of subsection (2) of section 985.213,

18  Florida Statutes, is amended to read:

19         985.213  Use of detention.--

20         (2)

21         (b)1.  The risk assessment instrument for detention

22  care placement determinations and orders shall be developed by

23  the Department of Juvenile Justice in agreement with

24  representatives appointed by the following associations: the

25  Conference of Circuit Judges of Florida, the Prosecuting

26  Attorneys Association, and the Public Defenders Association.

27  Each association shall appoint two individuals, one

28  representing an urban area and one representing a rural area.

29  The parties involved shall evaluate and revise the risk

30  assessment instrument as is considered necessary using the

31  method for revision as agreed by the parties. The risk

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  assessment instrument shall take into consideration, but need

  2  not be limited to, prior history of failure to appear, prior

  3  offenses, offenses committed pending adjudication, any

  4  unlawful possession of a firearm, theft of a motor vehicle or

  5  possession of a stolen motor vehicle, and community control

  6  status at the time the child is taken into custody. The risk

  7  assessment instrument shall also take into consideration

  8  appropriate aggravating and mitigating circumstances, and

  9  shall be designed to target a narrower population of children

10  than s. 985.215(2). The risk assessment instrument shall also

11  include any information concerning the child's history of

12  abuse and neglect. The risk assessment shall indicate whether

13  detention care is warranted, and, if detention care is

14  warranted, whether the child should be placed into secure,

15  nonsecure, or home detention care.

16         2.  If, at the detention hearing, the court finds a

17  material error in the scoring of the risk assessment

18  instrument, the court may amend the score to reflect factual

19  accuracy.

20         3.  A child who is charged with committing an offense

21  of domestic violence as defined in s. 741.28(1) and who does

22  not meet detention criteria may be held in secure detention if

23  the court makes specific written findings that:

24         a.  The offense of domestic violence which the child is

25  charged with committing caused physical injury to the victim;

26         b.  Respite care for the child is not available; and

27         c.  It is necessary to place the child in secure

28  detention in order to protect the victim from further injury.

29

30  The child may not be held in secure detention under this

31  subparagraph for more than 48 hours unless ordered by the

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  court. After 48 hours, the court shall hold a hearing if the

  2  state attorney or victim requests that secure detention be

  3  continued. The child may continue to be held in secure

  4  detention if the court makes a specific, written finding that

  5  secure detention is necessary to protect the victim from

  6  further injury. However, the child may not be held in secure

  7  detention beyond the time limits set forth in s. 985.215 s.

  8  39.044.

  9         Section 7.  For the purpose of incorporating the

10  amendments to section 985.215, Florida Statutes, in references

11  thereto, subsection (1) of section 985.208, Florida Statutes,

12  is reenacted to read:

13         985.208  Detention of furloughed child or escapee on

14  authority of the department.--

15         (1)  If an authorized agent of the department has

16  reasonable grounds to believe that any delinquent child

17  committed to the department has escaped from a facility of the

18  department or from being lawfully transported thereto or

19  therefrom, the agent may take the child into active custody

20  and may deliver the child to the facility or, if it is closer,

21  to a detention center for return to the facility. However, a

22  child may not be held in detention longer than 24 hours,

23  excluding Saturdays, Sundays, and legal holidays, unless a

24  special order so directing is made by the judge after a

25  detention hearing resulting in a finding that detention is

26  required based on the criteria in s. 985.215(2). The order

27  shall state the reasons for such finding. The reasons shall be

28  reviewable by appeal or in habeas corpus proceedings in the

29  district court of appeal.

30         Section 8.  For the purpose of incorporating the

31  amendments to section 985.215, Florida Statutes, in references

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  thereto, subsections (2) and (4) of section 985.211, Florida

  2  Statutes, are reenacted to read:

  3         985.211  Release or delivery from custody.--

  4         (2)  Unless otherwise ordered by the court pursuant to

  5  s. 985.215, and unless there is a need to hold the child, a

  6  person taking a child into custody shall attempt to release

  7  the child as follows:

  8         (a)  To the child's parent, guardian, or legal

  9  custodian or, if the child's parent, guardian, or legal

10  custodian is unavailable, unwilling, or unable to provide

11  supervision for the child, to any responsible adult. Prior to

12  releasing the child to a responsible adult, other than the

13  parent, guardian, or legal custodian, the person taking the

14  child into custody may conduct a criminal history background

15  check of the person to whom the child is to be released. If

16  the person has a prior felony conviction, or a conviction for

17  child abuse, drug trafficking, or prostitution, that person is

18  not a responsible adult for the purposes of this section. The

19  person to whom the child is released shall agree to inform the

20  department or the person releasing the child of the child's

21  subsequent change of address and to produce the child in court

22  at such time as the court may direct, and the child shall join

23  in the agreement.

24         (b)  Contingent upon specific appropriation, to a

25  shelter approved by the department or to an authorized agent

26  pursuant to s. 39.401(2)(b).

27         (c)  If the child is believed to be suffering from a

28  serious physical condition which requires either prompt

29  diagnosis or prompt treatment, to a law enforcement officer

30  who shall deliver the child to a hospital for necessary

31  evaluation and treatment.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         (d)  If the child is believed to be mentally ill as

  2  defined in s. 394.463(1), to a law enforcement officer who

  3  shall take the child to a designated public receiving facility

  4  as defined in s. 394.455 for examination pursuant to the

  5  provisions of s. 394.463.

  6         (e)  If the child appears to be intoxicated and has

  7  threatened, attempted, or inflicted physical harm on himself

  8  or herself or another, or is incapacitated by substance abuse,

  9  to a law enforcement officer who shall deliver the child to a

10  hospital, addictions receiving facility, or treatment

11  resource.

12         (f)  If available, to a juvenile assessment center

13  equipped and staffed to assume custody of the child for the

14  purpose of assessing the needs of the child in custody. The

15  center may then release or deliver the child pursuant to this

16  section with a copy of the assessment.

17         (4)  A person taking a child into custody who

18  determines, pursuant to s. 985.215, that the child should be

19  detained or released to a shelter designated by the

20  department, shall make a reasonable effort to immediately

21  notify the parent, guardian, or legal custodian of the child

22  and shall, without unreasonable delay, deliver the child to

23  the appropriate intake counselor or case manager or, if the

24  court has so ordered pursuant to s. 985.215, to a detention

25  center or facility. Upon delivery of the child, the person

26  taking the child into custody shall make a written report or

27  probable cause affidavit to the appropriate intake counselor

28  or case manager. Such written report or probable cause

29  affidavit must:

30         (a)  Identify the child and, if known, the parents,

31  guardian, or legal custodian.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         (b)  Establish that the child was legally taken into

  2  custody, with sufficient information to establish the

  3  jurisdiction of the court and to make a prima facie showing

  4  that the child has committed a violation of law.

  5         Section 9.  For the purpose of incorporating the

  6  amendments to section 985.215, Florida Statutes, in references

  7  thereto, subsection (5) of section 985.219, Florida Statutes,

  8  is reenacted to read:

  9         985.219  Process and service.--

10         (5)  If the petition alleges that the child has

11  committed a delinquent act or violation of law and the judge

12  deems it advisable to do so, pursuant to the criteria of s.

13  985.215, the judge may, by endorsement upon the summons and

14  after the entry of an order in which valid reasons are

15  specified, order the child to be taken into custody

16  immediately, and in such case the person serving the summons

17  shall immediately take the child into custody.

18         Section 10.  Section 985.209, Florida Statutes, is

19  amended to read:

20         985.209  Juvenile justice assessment centers.--

21         (1)  The department shall work cooperatively with

22  substance abuse facilities, mental health providers, law

23  enforcement agencies, schools, health services providers, and

24  other entities involved with children to establish a juvenile

25  justice assessment center in each service district. The

26  assessment center shall serve as central intake and screening

27  for children referred to the department. Each juvenile justice

28  assessment center shall provide services needed to facilitate

29  initial screening of children, including intake and needs

30  assessment, substance abuse screening, physical and mental

31  health screening, and diagnostic testing, as appropriate. The

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  entities involved in the assessment center shall make the

  2  resources for the provision of these services available at the

  3  same level to which they are available to the general public.

  4         (2)  Juvenile justice assessment centers are authorized

  5  and encouraged to establish truancy programs.  A truancy

  6  program may serve to provide the central intake and screening

  7  of truant children for a specific geographic area based upon

  8  written agreements between the assessment center, affected law

  9  enforcement agencies, and affected school boards.  The

10  assessment center may work cooperatively with any truancy

11  program operating in the area served by the assessment center.

12         (3)  When a law enforcement officer takes into custody

13  a truant student, the officer may transport or refer the

14  truant student to a truancy program operating in the officer's

15  jurisdiction.  For the purpose of this section, a truant

16  student is defined as any student between the ages of 6 and 18

17  who is enrolled in public or private school and is absent from

18  school without excuse as defined in s. 232.19(3), even if that

19  student is not subject to compulsory school attendance under

20  s. 232.01.

21         Section 11.  Subsection (7) of section 230.23161,

22  Florida Statutes, is amended to read:

23         230.23161  Educational services in Department of

24  Juvenile Justice programs.--

25         (7)  A school district may contract with a private

26  provider for the provision of educational programs to youths

27  placed with the Department of Juvenile Justice and may

28  generate local, state, and federal funding, including funding

29  through the Florida Education Finance Program for such

30  students. Unless written justification otherwise is provided

31  to and agreed to by the Department of Juvenile Justice and the

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  Department of Education, administrative costs under any

  2  contract awarded for such educational programs may not exceed

  3  10 percent of the total contract amount.

  4         Section 12.  Paragraph (b) of subsection (1) of section

  5  806.13, Florida Statutes, is amended to read:

  6         806.13  Criminal mischief; penalties; penalty for

  7  minor.--

  8         (1)

  9         (b)1.  If the damage to such property is $200 or less,

10  it is a misdemeanor of the second degree, punishable as

11  provided in s. 775.082 or s. 775.083.

12         2.  If the damage to such property is greater than $200

13  but less than $500 $1,000, it is a misdemeanor of the first

14  degree, punishable as provided in s. 775.082 or s. 775.083.

15         3.  If the damage is $500 $1,000 or greater, or if

16  there is interruption or impairment of a business operation or

17  public communication, transportation, supply of water, gas or

18  power, or other public service which costs $500 $1,000 or more

19  in labor and supplies to restore, it is a felony of the third

20  degree, punishable as provided in s. 775.082, s. 775.083, or

21  s. 775.084.

22         Section 13.  Paragraph (b) of subsection (3) of section

23  921.0022, Florida Statutes, is amended to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27

28  Florida           Felony

29  Statute           Degree             Description

30

31

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1                              (b)  LEVEL 2

  2  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  3                              lbs. in weight or 100 cubic feet

  4                              in volume or any quantity for

  5                              commercial purposes, or hazardous

  6                              waste.

  7  517.07             3rd      Registration of securities and

  8                              furnishing of prospectus

  9                              required.

10  590.28(1)          3rd      Willful, malicious, or

11                              intentional burning.

12  784.05(3)          3rd      Storing or leaving a loaded

13                              firearm within reach of minor who

14                              uses it to inflict injury or

15                              death.

16  787.04(1)          3rd      In violation of court order,

17                              take, entice, etc., minor beyond

18                              state limits.

19  806.13(1)(b)3.     3rd      Criminal mischief; damage $500

20                              $1,000 or more to public

21                              communication or any other public

22                              service.

23  810.09(2)(e)       3rd      Trespassing on posted commerical

24                              horticulture property.

25  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

26                              more but less than $5,000.

27  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

28                              more but less than $300, taken

29                              from unenclosed curtilage of

30                              dwelling.

31

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  817.234(1)(a)2.    3rd      False statement in support of

  2                              insurance claim.

  3  817.481(3)(a)      3rd      Obtain credit or purchase with

  4                              false, expired, counterfeit,

  5                              etc., credit card, value over

  6                              $300.

  7  817.52(3)          3rd      Failure to redeliver hired

  8                              vehicle.

  9  817.54             3rd      With intent to defraud, obtain

10                              mortgage note, etc., by false

11                              representation.

12  817.60(5)          3rd      Dealing in credit cards of

13                              another.

14  817.60(6)(a)       3rd      Forgery; purchase goods, services

15                              with false card.

16  817.61             3rd      Fraudulent use of credit cards

17                              over $100 or more within 6

18                              months.

19  826.04             3rd      Knowingly marries or has sexual

20                              intercourse with person to whom

21                              related.

22  831.01             3rd      Forgery.

23  831.02             3rd      Uttering forged instrument;

24                              utters or publishes alteration

25                              with intent to defraud.

26  831.07             3rd      Forging bank bills or promissory

27                              note.

28  831.08             3rd      Possession of 10 or more forged

29                              notes.

30  831.09             3rd      Uttering forged bills; passes as

31                              bank bill or promissory note.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  832.05(3)(a)       3rd      Cashing or depositing item with

  2                              intent to defraud.

  3  843.08             3rd      Falsely impersonating an officer.

  4  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  5                              (2)(c), (3), or (4) drugs other

  6                              than cannabis.

  7  893.147(2)         3rd      Manufacture or delivery of drug

  8                              paraphernalia.

  9         Section 14.  Paragraph (c) of subsection (2) of section

10  812.014, Florida Statutes, is amended to read:

11         812.014  Theft.--

12         (2)

13         (c)  It is grand theft of the third degree and a felony

14  of the third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084, if the property stolen is:

16         1.  Valued at $300 or more, but less than $5,000.

17         2.  Valued at $5,000 or more, but less than $10,000.

18         3.  Valued at $10,000 or more, but less than $20,000.

19         4.  A will, codicil, or other testamentary instrument.

20         5.  A firearm.

21         6.  A motor vehicle, except as provided in subparagraph

22  (2)(a). However, a person who commits grand theft of a motor

23  vehicle and who has previously been convicted two or more

24  times of any theft of a motor vehicle commits a felony of the

25  second degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         7.  Any commercially farmed animal, including any

28  animal of the equine, bovine, or swine class, or other grazing

29  animal, and including aquaculture species raised at a

30  certified aquaculture facility.  If the property stolen is

31

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  aquaculture species raised at a certified aquaculture

  2  facility, then a $10,000 fine shall be imposed.

  3         8.  Any fire extinguisher.

  4         9.  Any amount of citrus fruit consisting of 2,000 or

  5  more individual pieces of fruit.

  6         10.  Taken from a designated construction site

  7  identified by the posting of a sign as provided for in s.

  8  810.09(2)(d).

  9         Section 15.  For the purpose of incorporating the

10  amendments to section 812.14, Florida Statutes, in references

11  thereto, subsection (2) of section 538.23, Florida Statutes,

12  is reenacted to read:

13         538.23  Violations and penalties.--

14         (2)  A secondary metals recycler is presumed to know

15  upon receipt of stolen regulated metals property in a purchase

16  transaction that the regulated metals property has been stolen

17  from another if the secondary metals recycler knowingly and

18  intentionally fails to maintain the information required in s.

19  538.19 and shall, upon conviction of a violation of s.

20  812.015, be punished as provided in s. 812.014(2) or (3).

21         Section 16.  (1)  The Department of Juvenile Justice

22  and the Department of Children and Family Services shall

23  develop a cooperative agreement on the delivery of mental

24  health and substance abuse treatment services to youth in the

25  juvenile justice system.  A district-specific cooperative

26  agreement shall be negotiated between and agreed upon by the

27  Department of Juvenile Justice's district juvenile justice

28  manager and the Department of Children and Family Services'

29  district administrator which addresses funding levels, access

30  to services, and accounting for the use of mental health and

31  substance abuse treatment funding designated for youth in the

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1  juvenile justice system.  These cooperative agreements shall

  2  be reviewed and updated annually.

  3         (2)  The Office of Program Policy Analysis and

  4  Government Accountability shall conduct a performance review

  5  of the provision of mental health and substance abuse

  6  treatment services to children and youth in the juvenile

  7  justice system.  Issues addressed in this performance review

  8  shall include, but are not limited to, the following: the

  9  apportionment of funds to the Department of Children and

10  Family Services and the Department of Juvenile Justice for

11  mental health and substance abuse services for children and

12  youth in the juvenile justice system; what barriers to either

13  the provision or accessing of such services may be identified;

14  and whether there exists an adequate and valid monitoring

15  system for the use of mental health and substance abuse

16  funding and the provision of such services designated for

17  children and youth in the juvenile justice system.  The Office

18  of Program Policy Analysis and Government Accountability shall

19  submit its report with findings and recommendations to the

20  President of the Senate and the Speaker of the House of

21  Representatives by December 1, 1998.

22         Section 17.  Effective July 1, 1998, paragraph (b) of

23  subsection (1) of section 985.234, Florida Statutes, is

24  amended to read:

25         985.234  Appeal.--

26         (1)  An appeal from an order of the court affecting a

27  party to a case involving a child pursuant to this part may be

28  taken to the appropriate district court of appeal within the

29  time and in the manner prescribed by the Florida Rules of

30  Appellate Procedure by:

31         (b)  The state, which may appeal from:

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1         1.  An order dismissing a petition or any section

  2  thereof;

  3         2.  An order granting a new adjudicatory hearing;

  4         3.  An order arresting judgment;

  5         4.  A ruling on a question of law when the child is

  6  adjudicated delinquent and appeals from the judgment;

  7         5.  The disposition, on the ground that it is illegal;

  8         6.  A judgment discharging a child on habeas corpus;

  9         7.  An order adjudicating a child insane under the

10  Florida Rules of Juvenile Procedure; and

11         8.  All other preadjudicatory hearings, except that the

12  state may not take more than one appeal under this subsection

13  in any case; and.

14         9.  An order denying restitution.

15

16  In the case of an appeal by the state, the notice of appeal

17  shall be filed by the appropriate state attorney or his or her

18  authorized assistant pursuant to the provisions of s. 27.18.

19  Such an appeal shall embody all assignments of error in each

20  preadjudicatory hearing order that the state seeks to have

21  reviewed. The state shall pay all costs of the appeal except

22  for the child's attorney's fee.

23         Section 18.  Except as otherwise provided in this act,

24  this act shall take effect October 1, 1999.

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    Florida Senate - 1998                                  SB 1734
    33-1196-98                                              See HB




  1            *****************************************

  2                          SENATE SUMMARY

  3    Amends a variety of statutes relating to criminal
      justice, both generally and as it concerns juveniles.
  4    Provisions include those relating to punishment of a
      delinquent child for contempt; interagency agreements
  5    developed by county juvenile justice councils; community
      juvenile justice partnership grants; detention of certain
  6    children; truancy programs established by juvenile
      justice assessment centers; educational services in
  7    Department of Juvenile Justice programs; threshold
      amounts for enhanced penalties for criminal mischief;
  8    enhanced penalties for certain persons convicted of grand
      theft of a motor vehicle; agreements relating to
  9    provision of mental health and substance abuse services
      to youths in the juvenile justice system; and appeals by
10    the state of orders denying restitution.  (See bill for
      details.)
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