CODING: Words stricken are deletions; words underlined are additions.House Bill 3007
Florida House of Representatives - 1998 HB 3007
By Representative Fasano
1 A bill to be entitled
2 An act relating to juvenile substance abuse
3 testing; amending s. 985.301, F.S.; requiring
4 substance abuse testing of a child who is
5 issued a civil citation for commission of an
6 act constituting a misdemeanor if committed by
7 an adult, under specified circumstances;
8 creating s. 985.2125, F.S.; providing
9 legislative intent; authorizing the Department
10 of Juvenile Justice to conduct mandatory
11 substance abuse testing of such child or of a
12 child who is charged with or found to have
13 committed an offense constituting a misdemeanor
14 or felony if committed by an adult; providing
15 for adoption of rules by the department;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (1) of section 985.301, Florida
21 Statutes, as amended by chapter 97-238, Laws of Florida, is
22 amended to read:
23 985.301 Civil citation.--
24 (1) There is established a juvenile civil citation
25 process for the purpose of providing an efficient and
26 innovative alternative to custody by the Department of
27 Juvenile Justice of children who commit nonserious delinquent
28 acts and to ensure swift and appropriate consequences. The
29 civil citation program may be established at the local level
30 with the concurrence of the chief judge of the circuit, state
31 attorney, public defender, and the head of each local law
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Florida House of Representatives - 1998 HB 3007
565-123A-98
1 enforcement agency involved. Under such a juvenile civil
2 citation program, any law enforcement officer upon making
3 contact with a juvenile who admits having committed a
4 misdemeanor, may issue a civil citation assessing not more
5 than 50 community service hours, and may require participation
6 in intervention services appropriate to identified needs of
7 the juvenile, including family counseling, urinalysis
8 monitoring, and substance abuse and mental health treatment
9 services. The officer also shall require the child to undergo
10 initial substance abuse testing, which may include, but is not
11 limited to, blood tests and urine and breathalyzer screenings,
12 and to undergo subsequent, random substance abuse testing for
13 a reasonable period of time following the issuance of the
14 civil citation, as determined by rules adopted by the
15 Department of Juvenile Justice pursuant to s. 985.2125. A
16 copy of each citation issued under this section shall be
17 provided to the department, and the department shall enter
18 appropriate information into the juvenile offender information
19 system.
20 Section 2. Section 985.2125, Florida Statutes, is
21 created to read:
22 985.2125 Mandatory substance abuse testing of children
23 admitting to, or charged with committing or found to have
24 committed, certain offenses.
25 (1) INTENT.--It is the intent of the Legislature to
26 require initial and random followup substance abuse testing of
27 each child who is charged with or found to have committed an
28 offense that would be a misdemeanor or felony if committed by
29 an adult, or who admits to having committed such misdemeanor
30 offense to a law enforcement officer and receives a juvenile
31 civil citation for the offense. The Legislature further
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Florida House of Representatives - 1998 HB 3007
565-123A-98
1 intends that the provisions of this act authorizing the
2 Department of Juvenile Justice to conduct mandatory substance
3 abuse testing of children shall be construed as supplemental
4 to, but not restrictive of, any other provision of law or rule
5 that authorizes substance abuse testing of any child,
6 including, but not limited to, a child who is alleged or has
7 been found to have committed a criminal act or who is alleged
8 or has been found to be a delinquent child, a dependent child,
9 or a child in need of services or a child from a family in
10 need of services.
11 (2) MANDATORY SUBSTANCE ABUSE TESTING OF CHILDREN IN
12 CONNECTION WITH CERTAIN OFFENSES.--A child who is charged with
13 or found to have committed an offense that would be a
14 misdemeanor or felony if committed by an adult, or a child who
15 is issued a juvenile civil citation under s. 985.301 upon
16 admitting to having committed such misdemeanor offense, shall
17 undergo initial substance abuse testing, which may include,
18 but is not limited to, blood tests and urine and breathalyzer
19 screenings, and subsequent, random substance abuse testing.
20 The department shall determine by rule the time limits upon
21 the period for such random substance abuse testing, which
22 ensure that each child remains subject to random substance
23 abuse testing for a reasonable period of time following the
24 commission of the offense and until there is a final
25 disposition or other resolution of the case or the complaint,
26 law enforcement report, or probable cause affidavit, as
27 applicable.
28 (3) RULES.--The Department of Juvenile Justice shall
29 adopt rules necessary to implement this section.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3007
565-123A-98
1 Section 3. This act shall take effect October 1 of the
2 year in which enacted and shall apply to offenses committed on
3 or after that date.
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6 HOUSE SUMMARY
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Requires initial and subsequent, random substance abuse
8 testing of children in connection with certain offenses.
Requires substance abuse testing of a child who is issued
9 a civil citation for commission of an act constituting a
misdemeanor if committed by an adult, under specified
10 circumstances. Provides legislative intent. Authorizes
the Department of Juvenile Justice to conduct mandatory
11 substance abuse testing of such child or of a child who
is charged with or found to have committed an offense
12 constituting a misdemeanor or felony if committed by an
adult. Provides for adoption of rules by the department.
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