House Bill 4295

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    Florida House of Representatives - 1998                HB 4295

        By the Committee on Juvenile Justice and Representatives
    Bainter, Putnam, D. Prewitt, Stafford, Murman, Melvin and
    Betancourt




  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 938.17, F.S., relating to court costs and

  4         assessments for county delinquency prevention;

  5         providing for reference to "juvenile assessment

  6         centers" instead of "juvenile justice

  7         assessment centers" to conform to changes made

  8         by the act; conforming a cross reference;

  9         amending s. 938.19, F.S., relating to court

10         costs in teen court; providing for

11         nonapplicability to the $3 assessment for court

12         costs of specified provisions relating to

13         preemption of certain fees, fines, surcharges,

14         and costs in addition to civil traffic

15         penalties; amending s. 943.053, F.S.;

16         permitting the Department of Juvenile Justice

17         or any other state or local criminal justice

18         agency to provide copies of criminal history

19         records for certain juvenile offenders,

20         employees, and other individuals with access to

21         a contracted juvenile assessment center or

22         detention facility or contracted treatment

23         program to the entity under direct contract

24         with the department to operate the facilities

25         or programs; providing for assessment of a

26         charge by the criminal justice agency;

27         providing guidelines for use and dissemination

28         of the information; amending and renumbering s.

29         944.401, F.S., relating to escapes from secure

30         detention or residential commitment facility;

31         providing that escape from lawful

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  1         transportation to or from a secure detention

  2         facility or residential commitment facility is

  3         a third degree felony; providing penalties;

  4         conforming references and terminology; amending

  5         s. 921.0022, F.S., relating to the Criminal

  6         Punishment Code offense severity ranking chart;

  7         conforming a reference to changes made by the

  8         act; amending s. 985.03, F.S.; redefining

  9         "habitually truant," "intake," "restrictiveness

10         level," and "temporary release"; defining

11         "juvenile probation officer"; conforming

12         terminology and references to changes made by

13         the act; amending s. 985.207, F.S., relating to

14         taking a child into custody; substituting

15         references to "juvenile probation officer" for

16         reference to "intake counselor" or "case

17         manager"; conforming terminology to changes

18         made by the act; amending s. 985.208, F.S.,

19         relating to detention of furloughed child or

20         escapee on authority of the department;

21         substituting reference to "juvenile probation

22         officer" for reference to "intake counselor" or

23         "case manager"; conforming terminology to

24         changes made by the act; amending s. 985.209,

25         F.S., relating to juvenile justice assessment

26         centers; removing provisions relating to such

27         centers; providing for designation and

28         operation of juvenile assessment centers in

29         lieu of juvenile justice assessment centers;

30         providing a definition; providing

31         responsibilities of juvenile assessment centers

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  1         as community-operated facilities and programs

  2         for provision of central intake and screening

  3         services to youth referred to the Department of

  4         Juvenile Justice; providing responsibilities of

  5         the department, law enforcement agencies,

  6         substance abuse programs, mental health

  7         providers, health service providers, schools,

  8         and other agencies serving youth with respect

  9         to establishment of juvenile assessment

10         centers; providing for development and

11         modification of centers through local

12         initiative of community agencies and local

13         governments; providing for management of

14         centers by advisory committees; providing for

15         interagency agreements and information sharing

16         among participating agencies; permitting the

17         department to utilize centers for purposes of

18         residential commitment program placement;

19         providing for transportation of youth from

20         juvenile detention centers to the centers;

21         providing for family involvement in assessment

22         and evaluation; requiring inclusion of

23         assessment and evaluation information in the

24         youth's commitment packet; amending s. 985.21,

25         F.S., relating to intake and case management;

26         substituting references to "juvenile probation

27         officer" for references to "intake counselor"

28         or "case manager"; conforming provisions to

29         changes made by the act; amending s. 985.211,

30         F.S., relating to release or delivery from

31         custody; substituting references to "juvenile

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  1         probation officer" for references to "intake

  2         counsel" or "case manager"; conforming

  3         provisions to changes made by the act; amending

  4         s. 985.215, F.S.; providing that a child held

  5         in secure detention awaiting dispositional

  6         placement must meet detention admission

  7         criteria; removing requirement for court order

  8         authorizing continued detention under specified

  9         circumstances when the child is committed to a

10         low-risk residential program; substituting

11         references to "juvenile probation officer" for

12         references to "intake counselor" or "case

13         manager"; conforming provisions to changes made

14         by the act; amending s. 985.231, F.S., relating

15         to powers of disposition in delinquency cases;

16         conforming a reference and terminology;

17         amending s. 985.216, F.S.; providing that a

18         child found in contempt of court may be held

19         only in a secured detention facility; amending

20         ss. 985.226, 985.23, 985.301, and 985.304,

21         F.S., relating to transfer of child for

22         prosecution as an adult, disposition hearings

23         in delinquency cases, civil citation, and

24         community arbitration, respectively;

25         substituting references to "juvenile probation

26         officer" for references to "intake counselor"

27         or "case manager"; conforming provisions to

28         changes made by the act; amending s. 985.307,

29         F.S., relating to juvenile assignment centers;

30         extending the expiration date for said section

31         to July 1, 2002; amending ss. 985.31 and

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  1         985.311, F.S., relating to serious or habitual

  2         juvenile offenders and intensive residential

  3         treatment programs for offenders less than 13

  4         years of age; substituting references to

  5         "juvenile probation officer" for references to

  6         "intake counselor" or "case manager";

  7         conforming provisions to changes made by the

  8         act; amending s. 985.406, F.S., relating to

  9         juvenile justice training academies and

10         Juvenile Justice Standards and Training

11         Commission; revising membership qualifications

12         for the commission; eliminating requirement for

13         member who is a community control counselor;

14         providing for membership of a juvenile

15         probation officer supervisor and a juvenile

16         probation officer; conforming terminology;

17         amending s. 985.412, F.S., relating to quality

18         assurance; requiring evaluation of each program

19         operated by the department; requiring program

20         changes and notification to the Executive

21         Office of the Governor and Legislature of

22         corrective action, under specified

23         circumstances when a department-operated

24         program fails to meet established minimum

25         thresholds; providing for appropriate

26         corrective action, including disciplinary

27         action against employees under specified

28         circumstances; providing for the Department of

29         Juvenile Justice to ensure the reliability of

30         the annual report; reenacting s. 985.315(4)(b),

31         F.S., relating to vocational/work training

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  1         programs to incorporate said amendment in a

  2         reference; amending s. 985.413, F.S.;

  3         increasing the maximum number of terms for

  4         district juvenile justice board members;

  5         removing an exception to the limitation upon

  6         the number of terms of members; amending s.

  7         985.414, F.S.; requiring certain participants

  8         in interagency agreements for the development

  9         of county juvenile justice plans; revising

10         requirements for contents of the agreements;

11         amending s. 985.415, F.S.; revising

12         requirements for applications for community

13         juvenile justice partnership grants; conforming

14         references and terminology; providing an

15         effective date.

16

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

18

19         Section 1.  Subsection (2) of section 938.17, Florida

20  Statutes, is amended to read:

21         938.17  County delinquency prevention.--

22         (2)  In counties in which the sheriff's office is a

23  partner in a juvenile justice assessment center pursuant to s.

24  985.209 39.0471, or a partner in a suspension program

25  developed in conjunction with the district school board in the

26  county of the sheriff's jurisdiction, the court shall assess

27  court costs of $3 per case, in addition to any other

28  authorized cost or fine, on every person who, with respect to

29  a charge, indictment, prosecution commenced, or petition of

30  delinquency filed in that county or circuit, pleads guilty,

31  nolo contendere to, or is convicted of, or adjudicated

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  1  delinquent for, or has an adjudication withheld for, a felony

  2  or misdemeanor, or a criminal traffic offense or handicapped

  3  parking violation under state law, or a violation of any

  4  municipal or county ordinance, if the violation constitutes a

  5  misdemeanor under state law.

  6         Section 2.  Section 938.19, Florida Statutes, is

  7  amended to read:

  8         938.19  Teen courts; operation and

  9  administration.--Notwithstanding s. 318.121, in each county in

10  which a teen court has been created, a county may adopt a

11  mandatory cost to be assessed in specific cases as provided

12  for in subsection (1) by incorporating by reference the

13  provisions of this section in a county ordinance.  Assessments

14  collected by the clerk of the circuit court pursuant to this

15  section shall be deposited into an account specifically for

16  the operation and administration of the teen court:

17         (1)  A sum of $3, which shall be assessed as a court

18  cost by both the circuit court and the county court in the

19  county against every person who pleads guilty or nolo

20  contendere to, or is convicted of, regardless of adjudication,

21  a violation of a state criminal statute or a municipal

22  ordinance or county ordinance or who pays a fine or civil

23  penalty for any violation of chapter 316.  Any person whose

24  adjudication is withheld pursuant to the provisions of s.

25  318.14(9) or (10) shall also be assessed such cost.  The $3

26  assessment for court costs shall be assessed in addition to

27  any fine, civil penalty, or other court cost and shall not be

28  deducted from the proceeds of that portion of any fine or

29  civil penalty which is received by a municipality in the

30  county or by the county in accordance with ss. 316.660 and

31  318.21.  The $3 assessment shall specifically be added to any

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  1  civil penalty paid for a violation of chapter 316, whether

  2  such penalty is paid by mail, paid in person without request

  3  for a hearing, or paid after hearing and determination by the

  4  court.  However, the $3 assessment shall not be made against a

  5  person for a violation of any state statutes, county

  6  ordinance, or municipal ordinance relating to the parking of

  7  vehicles, with the exception of a violation of the handicapped

  8  parking laws.  The clerk of the circuit court shall collect

  9  the respective $3 assessments for court costs established in

10  this subsection and shall remit the same to the teen court

11  monthly, less 5 percent, which is to be retained as fee income

12  of the office of the clerk of the circuit court.

13         (2)  Such other moneys as become available for

14  establishing and operating teen courts under the provisions of

15  Florida law.

16         Section 3.  Subsection (8) is added to section 943.053,

17  Florida Statutes, to read:

18         943.053  Dissemination of criminal justice information;

19  fees.--

20         (1)  The Department of Law Enforcement shall

21  disseminate criminal justice information only in accordance

22  with federal and state laws, regulations, and rules.

23         (2)  Criminal justice information derived from federal

24  criminal justice information systems or criminal justice

25  information systems of other states shall not be disseminated

26  in a manner inconsistent with the laws, regulations, or rules

27  of the originating agency.

28         (3)  Criminal history information, including

29  information relating to juveniles, compiled by the Division of

30  Criminal Justice Information Systems from intrastate sources

31  shall be available on a priority basis to criminal justice

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  1  agencies for criminal justice purposes free of charge and,

  2  otherwise, to governmental agencies not qualified as criminal

  3  justice agencies on an approximate-cost basis.  After

  4  providing the division with all known identifying information,

  5  persons in the private sector may be provided criminal history

  6  information upon tender of fees as established by rule of the

  7  Department of Law Enforcement.  Such fees shall approximate

  8  the actual cost of producing the record information.  Fees may

  9  be waived by the executive director of the Department of Law

10  Enforcement for good cause shown.

11         (4)  Criminal justice information provided by the

12  Department of Law Enforcement shall be used only for the

13  purpose stated in the request.

14         (5)  Notwithstanding any other provision of law, the

15  department shall provide to the Florida Department of Revenue

16  Child Support Enforcement access to Florida criminal records

17  which are not exempt from disclosure under chapter 119, and to

18  such information as may be lawfully available from other

19  states via the National Law Enforcement Telecommunications

20  System, for the purpose of locating subjects who owe or

21  potentially owe child support or to whom such obligation is

22  owed pursuant to Title IV-D of the Social Security Act. Such

23  information may be provided to child support enforcement

24  authorities in other states for these specific purposes.

25         (6)  Notwithstanding the provisions of s. 943.0525, and

26  any user agreements adopted pursuant thereto, and

27  notwithstanding the confidentiality of sealed records as

28  provided for in s. 943.059, the sheriff of any county that has

29  contracted with a private entity to operate a county detention

30  facility pursuant to the provisions of s. 951.062 shall

31  provide that private entity, in a timely manner, copies of the

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  1  Florida criminal history records for its inmates. The sheriff

  2  may assess a charge for the Florida criminal history records

  3  pursuant to the provisions of chapter 119. Sealed records

  4  received by the private entity under this section remain

  5  confidential and exempt from the provisions of s. 119.07(1).

  6         (7)  Notwithstanding the provisions of s. 943.0525, and

  7  any user agreements adopted pursuant thereto, and

  8  notwithstanding the confidentiality of sealed records as

  9  provided for in s. 943.059, the Department of Corrections

10  shall provide, in a timely manner, copies of the Florida

11  criminal history records for inmates housed in a private state

12  correctional facility to the private entity under contract to

13  operate the facility pursuant to the provisions of s. 944.105

14  or s. 957.03. The department may assess a charge for the

15  Florida criminal history records pursuant to the provisions of

16  chapter 119. Sealed records received by the private entity

17  under this section remain confidential and exempt from the

18  provisions of s. 119.07(1).

19         (8)  Notwithstanding the provisions of s. 943.0525 and

20  any user agreements adopted pursuant thereto, and

21  notwithstanding the confidentiality of sealed records as

22  provided for in s. 943.059, the Department of Juvenile Justice

23  or any other state or local criminal justice agency may

24  provide copies of the Florida criminal history records for

25  juvenile offenders currently or formerly detained or housed in

26  a contracted juvenile assessment center or detention facility

27  or serviced in a contracted treatment program and for

28  employees or other individuals who will have access to these

29  facilities, only to the entity under direct contract with the

30  Department of Juvenile Justice to operate these facilities or

31  programs pursuant to the provisions of s. 985.411.  The

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  1  criminal justice agency providing such data may assess a

  2  charge for the Florida criminal history records pursuant to

  3  the provisions of chapter 119.  Sealed records received by the

  4  private entity under this section remain confidential and

  5  exempt from the provisions of s. 119.07(1).  Information

  6  provided under this section shall be used only for the

  7  criminal justice purpose for which it was requested and may

  8  not be further disseminated.

  9         Section 4.  Section 944.401, Florida Statutes, is

10  renumbered as section 985.3141, Florida Statutes, and amended

11  to read:

12         985.3141 944.401  Escapes from secure detention or

13  residential commitment facility.--An escape from:

14         (1)  Any secure detention facility maintained for the

15  temporary detention of children, pending adjudication,

16  disposition, or placement; an escape from

17         (2)  Any residential commitment facility described

18  defined in s. 985.03(45) s. 39.01(59), maintained for the

19  custody, treatment, punishment, or rehabilitation of children

20  found to have committed delinquent acts or violations of law;

21  or an escape from

22         (3)  Lawful transportation to or from any such secure

23  detention facility or residential commitment facility, thereto

24  or therefrom

25

26  constitutes escape within the intent and meaning of s. 944.40

27  and is a felony of the third degree, punishable as provided in

28  s. 775.082, s. 775.083, or s. 775.084.

29         Section 5.  Paragraph (c) of subsection (3) of section

30  921.0022, Florida Statutes, is amended to read:

31

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  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8                              (c)  LEVEL 3

  9  985.3141 39.061    3rd      Escapes from juvenile facility

10                              (secure detention or residential

11                              commitment facility).

12  319.30(4)          3rd      Possession by junkyard of motor

13                              vehicle with identification

14                              number plate removed.

15  319.33(1)(a)       3rd      Alter or forge any certificate of

16                              title to a motor vehicle or

17                              mobile home.

18  319.33(1)(c)       3rd      Procure or pass title on stolen

19                              vehicle.

20  319.33(4)          3rd      With intent to defraud, possess,

21                              sell, etc., a blank, forged, or

22                              unlawfully obtained title or

23                              registration.

24  328.05(2)          3rd      Possess, sell, or counterfeit

25                              fictitious, stolen, or fraudulent

26                              titles or bills of sale of

27                              vessels.

28  328.07(4)          3rd      Manufacture, exchange, or possess

29                              vessel with counterfeit or wrong

30                              ID number.

31

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  1  376.302(5)         3rd      Fraud related to reimbursement

  2                              for cleanup expenses under the

  3                              Inland Protection Trust Fund.

  4  501.001(2)(b)      2nd      Tampers with a consumer product

  5                              or the container using materially

  6                              false/misleading information.

  7  697.08             3rd      Equity skimming.

  8  790.15(3)          3rd      Person directs another to

  9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  815.04(4)(b)       2nd      Computer offense devised to

23                              defraud or obtain property.

24  817.034(4)(a)3.    3rd      Engages in scheme to defraud

25                              (Florida Communications Fraud

26                              Act), property valued at less

27                              than $20,000.

28  817.233            3rd      Burning to defraud insurer.

29  828.12(2)          3rd      Tortures any animal with intent

30                              to inflict intense pain, serious

31                              physical injury, or death.

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  1  831.29             2nd      Possession of instruments for

  2                              counterfeiting drivers' licenses.

  3  838.021(3)(b)      3rd      Threatens unlawful harm to public

  4                              servant.

  5  843.19             3rd      Injure, disable, or kill police

  6                              dog or horse.

  7  870.01(2)          3rd      Riot; inciting or encouraging.

  8  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  9                              cannabis (or other s.

10                              893.03(1)(c), (2)(c), (3), or (4)

11                              drugs).

12  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

13                              893.03(1)(c), (2)(c), (3), or (4)

14                              drugs within 200 feet of

15                              university, public housing

16                              facility, or public park.

17  893.13(6)(a)       3rd      Possession of any controlled

18                              substance other than felony

19                              possession of cannabis.

20  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

21                              controlled substance by fraud,

22                              forgery, misrepresentation, etc.

23  893.13(7)(a)11.    3rd      Furnish false or fraudulent

24                              material information on any

25                              document or record required by

26                              chapter 893.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.

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  1  944.47(1)(c)       2nd      Possess contraband while upon the

  2                              grounds of a correctional

  3                              institution.

  4         Section 6.  Subsections (27), (29), (30), (45), and

  5  (55) of section 985.03, Florida Statutes, are amended to read:

  6         985.03  Definitions.--When used in this chapter, the

  7  term:

  8         (27)  "Habitually truant" means that:

  9         (a)  The child has 15 unexcused absences within 90

10  calendar days with or without the knowledge or justifiable

11  consent of the child's parent or legal guardian, is subject to

12  compulsory school attendance under s. 232.01, and is not

13  exempt under s. 232.06, s. 232.09, or any other exemptions

14  specified by law or the rules of the State Board of Education.

15         (b)  Escalating activities to determine the cause, and

16  to attempt the remediation, of the child's truant behavior

17  under ss. 232.17 and 232.19 have been completed.

18

19  If a child who is subject to compulsory school attendance is

20  responsive to the interventions described in ss. 232.17 and

21  232.19 and has completed the necessary requirements to pass

22  the current grade as indicated in the district pupil

23  progression plan, the child shall not be determined to be

24  habitually truant and shall be passed. If a child within the

25  compulsory school attendance age has 15 unexcused absences

26  within 90 calendar days or fails to enroll in school, the

27  state attorney may file a child-in-need-of-services petition.

28  Prior to filing a petition, the child must be referred to the

29  appropriate agency for evaluation.  After consulting with the

30  evaluating agency, the state attorney may elect to file a

31  child-in-need-of-services petition.

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  1         (c)  A school representative, designated according to

  2  school board policy, and an authorized agent intake counselor

  3  or case manager of the Department of Juvenile Justice have

  4  jointly investigated the truancy problem or, if that was not

  5  feasible, have performed separate investigations to identify

  6  conditions which may be contributing to the truant behavior;

  7  and if, after a joint staffing of the case to determine the

  8  necessity for services, such services were determined to be

  9  needed, the persons who performed the investigations met

10  jointly with the family and child to discuss any referral to

11  appropriate community agencies for economic services, family

12  or individual counseling, or other services required to remedy

13  the conditions that are contributing to the truant behavior.

14         (d)  The failure or refusal of the parent or legal

15  guardian or the child to participate, or make a good faith

16  effort to participate, in the activities prescribed to remedy

17  the truant behavior, or the failure or refusal of the child to

18  return to school after participation in activities required by

19  this subsection, or the failure of the child to stop the

20  truant behavior after the school administration and the

21  Department of Juvenile Justice have worked with the child as

22  described in s. 232.19(3) shall be handled as prescribed in s.

23  232.19.

24

25  If a child who is subject to compulsory school attendance is

26  responsive to the interventions described in ss. 232.17 and

27  232.19 and has completed the necessary requirements to pass

28  the current grade as indicated in the district pupil

29  progression plan, the child shall not be determined to be

30  habitually truant and shall be passed. If a child within the

31  compulsory school attendance age has 15 unexcused absences

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  1  within 90 calendar days or fails to enroll in school, the

  2  state attorney may file a child-in-need-of-services petition.

  3  Prior to filing a petition, the child must be referred to the

  4  appropriate agency for evaluation.  After consulting with the

  5  evaluating agency, the state attorney may elect to file a

  6  child-in-need-of-services petition.

  7         (29)  "Intake" means the initial acceptance and

  8  screening by the Department of Juvenile Justice of a complaint

  9  or a law enforcement report or probable cause affidavit of

10  delinquency, family in need of services, or child in need of

11  services to determine the recommendation to be taken in the

12  best interests of the child, the family, and the community.

13  The emphasis of intake is on diversion and the least

14  restrictive available services. Consequently, intake includes

15  such alternatives as:

16         (a)  The disposition of the complaint, report, or

17  probable cause affidavit without court or public agency action

18  or judicial handling when appropriate.

19         (b)  The referral of the child to another public or

20  private agency when appropriate.

21         (c)  The recommendation by the juvenile probation

22  officer intake counselor or case manager of judicial handling

23  when appropriate and warranted.

24         (30)  "Juvenile probation officer" "Intake counselor"

25  or "case manager" means the authorized agent of the Department

26  of Juvenile Justice performing the intake or case management

27  function for a child alleged to be delinquent.

28         (45)  "Restrictiveness level" means the level of

29  custody provided by programs that service the custody and care

30  needs of committed children. There shall be five

31  restrictiveness levels:

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  1         (a)  Minimum-risk nonresidential.--Youth assessed and

  2  classified for placement in programs at this restrictiveness

  3  level represent a minimum risk to themselves and public safety

  4  and do not require placement and services in residential

  5  settings. Programs or program models in this restrictiveness

  6  level include: community counselor supervision programs,

  7  special intensive group programs, nonresidential marine

  8  programs, nonresidential training and rehabilitation centers,

  9  and other local community nonresidential programs.

10         (b)  Low-risk residential.--Youth assessed and

11  classified for placement in programs at this level represent a

12  low risk to themselves and public safety and do require

13  placement and services in residential settings. Programs or

14  program models in this restrictiveness level include: Short

15  Term Offender Programs (STOP), group treatment homes, family

16  group homes, proctor homes, and Short Term Environmental

17  Programs (STEP). Section 985.3141 944.401 applies to children

18  placed in programs in this restrictiveness level.

19         (c)  Moderate-risk residential.--Youth assessed and

20  classified for placement in programs in this restrictiveness

21  level represent a moderate risk to public safety.  Programs

22  are designed for children who require close supervision but do

23  not need placement in facilities that are physically secure.

24  Programs in the moderate-risk residential restrictiveness

25  level provide 24-hour awake supervision, custody, care, and

26  treatment.  Upon specific appropriation, a facility at this

27  restrictiveness level may have a security fence around the

28  perimeter of the grounds of the facility and may be

29  hardware-secure or staff-secure. The staff at a facility at

30  this restrictiveness level may seclude a child who is a

31  physical threat to himself or others.  Mechanical restraint

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  1  may also be used when necessary. Programs or program models in

  2  this restrictiveness level include: halfway houses, START

  3  Centers, the Dade Intensive Control Program, licensed

  4  substance abuse residential programs, and moderate-term

  5  wilderness programs designed for committed delinquent youth

  6  that are operated or contracted by the Department of Juvenile

  7  Justice.  Section 985.3141 944.401 applies to children in

  8  programs in this restrictiveness level moderate-risk

  9  residential programs.

10         (d)  High-risk residential.--Youth assessed and

11  classified for this level of placement require close

12  supervision in a structured residential setting that provides

13  24-hour-per-day secure custody, care, and supervision.

14  Placement in programs in this level is prompted by a concern

15  for public safety that outweighs placement in programs at

16  lower restrictiveness levels. Programs or program models in

17  this level are staff-secure or physically secure residential

18  commitment facilities and include: training schools, intensive

19  halfway houses, residential sex offender programs, long-term

20  wilderness programs designed exclusively for committed

21  delinquent youth, boot camps, secure halfway house programs,

22  and the Broward Control Treatment Center. Section 985.3141

23  944.401 applies to children placed in programs in this

24  restrictiveness level.

25         (e)  Maximum-risk residential.--Youth assessed and

26  classified for this level of placement require close

27  supervision in a maximum security residential setting that

28  provides 24-hour-per-day secure custody, care, and

29  supervision. Placement in a program in this level is prompted

30  by a demonstrated need to protect the public. Programs or

31  program models in this level are maximum-secure-custody,

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  1  long-term residential commitment facilities that are intended

  2  to provide a moderate overlay of educational, vocational, and

  3  behavioral-modification services and include programs for

  4  serious and habitual juvenile offenders and other

  5  maximum-security program models authorized by the Legislature

  6  and established by rule. Section 985.3141 applies to children

  7  placed in programs in this restrictiveness level.

  8         (55)  "Temporary release" means the terms and

  9  conditions under which a child is temporarily released from a

10  commitment facility or allowed home visits. If the temporary

11  release is from a moderate-risk residential facility, a

12  high-risk residential facility, or a maximum-risk residential

13  facility, the terms and conditions of the temporary release

14  must be approved by the child, the court, and the facility.

15  The term includes periods during which the child is supervised

16  pursuant to a reentry program or an aftercare program or a

17  period during which the child is supervised by a juvenile

18  probation officer case manager or other nonresidential staff

19  of the department or staff employed by an entity under

20  contract with the department. A child placed in a

21  postcommitment community control program by order of the court

22  is not considered to be on temporary release and is not

23  subject to the terms and conditions of temporary release.

24         Section 7.  Subsection (2) of section 985.207, Florida

25  Statutes, is amended to read:

26         985.207  Taking a child into custody.--

27         (2)  When a child is taken into custody as provided in

28  this section, the person taking the child into custody shall

29  attempt to notify the parent, guardian, or legal custodian of

30  the child.  The person taking the child into custody shall

31  continue such attempt until the parent, guardian, or legal

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  1  custodian of the child is notified or the child is delivered

  2  to a juvenile probation officer an intake counselor pursuant

  3  to s. 985.21, whichever occurs first.  If the child is

  4  delivered to a juvenile probation officer an intake counselor

  5  before the parent, guardian, or legal custodian is notified,

  6  the juvenile probation officer intake counselor or case

  7  manager shall continue the attempt to notify until the parent,

  8  guardian, or legal custodian of the child is notified.

  9         Section 8.  Subsection (2) of section 985.208, Florida

10  Statutes, is amended to read:

11         985.208  Detention of furloughed child or escapee on

12  authority of the department.--

13         (2)  Any sheriff or other law enforcement officer, upon

14  the request of the secretary of the department or duly

15  authorized agent, shall take a child who has escaped or

16  absconded from a department facility for committed delinquent

17  children, or from being lawfully transported thereto or

18  therefrom, into custody and deliver the child to the

19  appropriate juvenile probation officer intake counselor or

20  case manager of the department.

21         Section 9.  Section 985.209, Florida Statutes, is

22  amended to read:

23         985.209  Juvenile justice assessment centers.--

24         (1)  As used in this section, "center" means a juvenile

25  assessment center comprising community operated facilities and

26  programs which provide colocated central intake and screening

27  services for youth referred to the Department of Juvenile

28  Justice.

29         (2)  The department shall work cooperatively with

30  substance abuse programs, mental health providers, law

31  enforcement agencies, schools, health service providers, and

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  1  other agencies serving youth to establish juvenile assessment

  2  centers. Each current and newly established center shall be

  3  developed and modified through the local initiative of

  4  community agencies and local governments and shall provide a

  5  broad array of youth-related services appropriate to the needs

  6  of the community where the center is located.

  7         (3)  Each center shall be managed and governed by the

  8  participating agencies, consistent with respective statutory

  9  requirements of each agency, through an advisory committee and

10  interagency agreements established with participating

11  entities. The advisory committee shall guide the center's

12  operation and ensure that appropriate and relevant agencies

13  are collaboratively participating in and providing services at

14  the center. Each participating state agency shall have

15  operational oversight of only those individual service

16  components located and provided at the center for which the

17  state agency has statutory authority and responsibility.

18         (4)  Each center shall provide colocated central intake

19  and screening services for youth referred to the department.

20  The center shall provide sufficient services needed to

21  facilitate the initial screening of and case processing for

22  youth, including, at a minimum, delinquency intake; positive

23  identification of the youth; detention admission screening;

24  needs assessment; substance abuse screening and assessments;

25  physical and mental health screening; and diagnostic testing

26  as appropriate. The department shall provide sufficient staff

27  and resources at a center to provide detention screening and

28  intake services.

29         (5)  Each center is authorized and encouraged to

30  establish truancy programs.  A truancy program may serve as

31  providing the central intake and screening of truant children

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  1  for a specific geographic area based upon written agreements

  2  between the center, local law enforcement agencies, and local

  3  school boards.  A center may work cooperatively with any

  4  truancy program operating in the area serving the center.

  5         (6)  Each center must provide for the coordination and

  6  sharing of information among the participating agencies to

  7  facilitate the screening of and case processing for youth

  8  referred to the department.

  9         (7)  The department may utilize juvenile assessment

10  centers to the fullest extent possible for the purpose of

11  conducting assessments and evaluations of youth ordered by the

12  court for placement in residential commitment programs.

13  Assessments and evaluations may be conducted by center staff

14  on a youth while he or she is in a juvenile detention center

15  awaiting placement in a residential commitment facility. If

16  feasible, a youth may be transported from a juvenile detention

17  center to a juvenile assessment center for the purpose of

18  conducting an assessment or evaluation. Such assessments and

19  evaluations may include, but are not limited to, needs

20  assessment; substance abuse evaluations; physical and mental

21  health evaluations; psychological evaluations; behavioral

22  assessments; educational assessments; aptitude testing; and

23  vocational testing. To the extent possible, the youth's

24  parents or guardians and other family members should be

25  involved in the assessment and evaluation process. All

26  information, conclusions, treatment recommendations, and

27  reports derived from any assessment and evaluation performed

28  on a youth shall be included as a part of the youth's

29  commitment packet and shall accompany the youth to the

30  residential commitment facility in which the youth is placed.

31  The department shall work cooperatively with substance abuse

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  1  facilities, mental health providers, law enforcement agencies,

  2  schools, health services providers, and other entities

  3  involved with children to establish a juvenile justice

  4  assessment center in each service district. The assessment

  5  center shall serve as central intake and screening for

  6  children referred to the department. Each juvenile justice

  7  assessment center shall provide services needed to facilitate

  8  initial screening of children, including intake and needs

  9  assessment, substance abuse screening, physical and mental

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

11  entities involved in the assessment center shall make the

12  resources for the provision of these services available at the

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

14         Section 10.  Section 985.21, Florida Statutes, is

15  amended to read:

16         985.21  Intake and case management.--

17         (1)(a)  During the intake process, the juvenile

18  probation officer intake counselor shall screen each child to

19  determine:

20         1.  Appropriateness for release, referral to a

21  diversionary program including, but not limited to, a

22  teen-court program, referral for community arbitration, or

23  referral to some other program or agency for the purpose of

24  nonofficial or nonjudicial handling.

25         2.  The presence of medical, psychiatric,

26  psychological, substance abuse, educational problems, or other

27  conditions that may have caused the child to come to the

28  attention of law enforcement or the Department of Juvenile

29  Justice. In cases where such conditions are identified, and a

30  nonjudicial handling of the case is chosen, the juvenile

31  probation officer intake counselor shall attempt to refer the

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  1  child to a program or agency, together with all available and

  2  relevant assessment information concerning the child's

  3  precipitating condition.

  4         3.  The Department of Juvenile Justice shall develop an

  5  intake and a case management system whereby a child brought

  6  into intake is assigned a juvenile probation officer case

  7  manager if the child was not released, referred to a

  8  diversionary program, referred for community arbitration, or

  9  referred to some other program or agency for the purpose of

10  nonofficial or nonjudicial handling, and shall make every

11  reasonable effort to provide continuity of case management

12  services for the child; provided, however, that case

13  management for children committed to residential programs may

14  be transferred as provided in s. 985.316.

15         4.  In addition to duties specified in other sections

16  and through departmental rules, the assigned juvenile

17  probation officer case manager shall be responsible for the

18  following:

19         a.  Ensuring that a risk assessment instrument

20  establishing the child's eligibility for detention has been

21  accurately completed and that the appropriate recommendation

22  was made to the court.

23         b.  Inquiring as to whether the child understands his

24  or her rights to counsel and against self-incrimination.

25         c.  Performing the preliminary screening and making

26  referrals for comprehensive assessment regarding the child's

27  need for substance abuse treatment services, mental health

28  services, retardation services, literacy services, or other

29  educational or treatment services.

30         d.  Coordinating the multidisciplinary assessment when

31  required, which includes the classification and placement

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  1  process that determines the child's priority needs, risk

  2  classification, and treatment plan. When sufficient evidence

  3  exists to warrant a comprehensive assessment and the child

  4  fails to voluntarily participate in the assessment efforts, it

  5  is the responsibility of the juvenile probation officer case

  6  manager to inform the court of the need for the assessment and

  7  the refusal of the child to participate in such assessment.

  8  This assessment, classification, and placement process shall

  9  develop into the predisposition report.

10         e.  Making recommendations for services and

11  facilitating the delivery of those services to the child,

12  including any mental health services, educational services,

13  family counseling services, family assistance services, and

14  substance abuse services. The juvenile probation officer

15  delinquency case manager shall serve as the primary case

16  manager for the purpose of managing, coordinating, and

17  monitoring the services provided to the child. Each program

18  administrator within the Department of Children and Family

19  Services shall cooperate with the primary case manager in

20  carrying out the duties and responsibilities described in this

21  section.

22

23  The Department of Juvenile Justice shall annually advise the

24  Legislature and the Executive Office of the Governor of the

25  resources needed in order for the intake and case management

26  system to maintain a staff-to-client ratio that is consistent

27  with accepted standards and allows the necessary supervision

28  and services for each child. The intake process and case

29  management system shall provide a comprehensive approach to

30  assessing the child's needs, relative risks, and most

31

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  1  appropriate handling, and shall be based on an individualized

  2  treatment plan.

  3         (b)  The intake and case management system shall

  4  facilitate consistency in the recommended placement of each

  5  child, and in the assessment, classification, and placement

  6  process, with the following purposes:

  7         1.  An individualized, multidisciplinary assessment

  8  process that identifies the priority needs of each individual

  9  child for rehabilitation and treatment and identifies any

10  needs of the child's parents or guardians for services that

11  would enhance their ability to provide adequate support,

12  guidance, and supervision for the child. This process shall

13  begin with the detention risk assessment instrument and

14  decision, shall include the intake preliminary screening and

15  comprehensive assessment for substance abuse treatment

16  services, mental health services, retardation services,

17  literacy services, and other educational and treatment

18  services as components, additional assessment of the child's

19  treatment needs, and classification regarding the child's

20  risks to the community and, for a serious or habitual

21  delinquent child, shall include the assessment for placement

22  in a serious or habitual delinquent children program pursuant

23  to s. 985.31. The completed multidisciplinary assessment

24  process shall result in the predisposition report.

25         2.  A classification system that assigns a relative

26  risk to the child and the community based upon assessments

27  including the detention risk assessment results when available

28  to classify the child's risk as it relates to placement and

29  supervision alternatives.

30         3.  An admissions process that facilitates for each

31  child the utilization of the treatment plan and setting most

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  1  appropriate to meet the child's programmatic needs and provide

  2  the minimum program security needed to ensure public safety.

  3         (2)  The intake process shall be performed by the

  4  department through a case management system.  The purpose of

  5  the intake process is to assess the child's needs and risks

  6  and to determine the most appropriate treatment plan and

  7  setting for the child's programmatic needs and risks.  The

  8  intake process shall result in choosing the most appropriate

  9  services through a balancing of the interests and needs of the

10  child with those of the family and the public. The juvenile

11  probation officer intake counselor or case manager is

12  responsible for making informed decisions and recommendations

13  to other agencies, the state attorney, and the courts so that

14  the child and family may receive the least intrusive service

15  alternative throughout the judicial process. The department

16  shall establish uniform procedures for the juvenile probation

17  officer intake counselor or case manager to provide, prior to

18  the filing of a petition or as soon as possible thereafter and

19  prior to a disposition hearing, a preliminary screening of the

20  child and family for substance abuse and mental health

21  services.

22         (3)  A report, affidavit, or complaint alleging that a

23  child has committed a delinquent act or violation of law shall

24  be made to the intake office operating in the county in which

25  the child is found or in which the delinquent act or violation

26  of law occurred.  Any person or agency having knowledge of the

27  facts may make such a written report, affidavit, or complaint

28  and shall furnish to the intake office facts sufficient to

29  establish the jurisdiction of the court and to support a

30  finding by the court that the child has committed a delinquent

31  act or violation of law.

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  1         (4)  The juvenile probation officer intake counselor or

  2  case manager shall make a preliminary determination as to

  3  whether the report, affidavit, or complaint is complete,

  4  consulting with the state attorney as may be necessary. In any

  5  case where the juvenile probation officer intake counselor or

  6  case manager or the state attorney finds that the report,

  7  affidavit, or complaint is insufficient by the standards for a

  8  probable cause affidavit, the juvenile probation officer

  9  intake counselor or case manager or state attorney shall

10  return the report, affidavit, or complaint, without delay, to

11  the person or agency originating the report, affidavit, or

12  complaint or having knowledge of the facts or to the

13  appropriate law enforcement agency having investigative

14  jurisdiction of the offense, and shall request, and the person

15  or agency shall promptly furnish, additional information in

16  order to comply with the standards for a probable cause

17  affidavit.

18         (a)  The juvenile probation officer intake counselor or

19  case manager, upon determining that the report, affidavit, or

20  complaint is complete, may, in the case of a child who is

21  alleged to have committed a delinquent act or violation of

22  law, recommend that the state attorney file a petition of

23  delinquency or an information or seek an indictment by the

24  grand jury. However, such a recommendation is not a

25  prerequisite for any action taken by the state attorney.

26         (b)  The juvenile probation officer intake counselor or

27  case manager, upon determining that the report, affidavit, or

28  complaint is complete, pursuant to uniform procedures

29  established by the department, shall:

30         1.  When indicated by the preliminary screening,

31  provide for a comprehensive assessment of the child and family

                                  29

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  1  for substance abuse problems, using community-based licensed

  2  programs with clinical expertise and experience in the

  3  assessment of substance abuse problems.

  4         2.  When indicated by the preliminary screening,

  5  provide for a comprehensive assessment of the child and family

  6  for mental health problems, using community-based

  7  psychologists, psychiatrists, or other licensed mental health

  8  professionals with clinical expertise and experience in the

  9  assessment of mental health problems.

10

11  When indicated by the comprehensive assessment, the department

12  is authorized to contract within appropriated funds for

13  services with a local nonprofit community mental health or

14  substance abuse agency licensed or authorized under chapter

15  394, or chapter 397, or other authorized nonprofit social

16  service agency providing related services. The determination

17  of mental health or substance abuse services shall be

18  conducted in coordination with existing programs providing

19  mental health or substance abuse services in conjunction with

20  the intake office. Client information resulting from the

21  screening and evaluation shall be documented pursuant to rules

22  established by the department and shall serve to assist the

23  juvenile probation officer intake counselor or case manager in

24  providing the most appropriate services and recommendations in

25  the least intrusive manner. Such client information shall be

26  used in the multidisciplinary assessment and classification of

27  the child, but such information, and any information obtained

28  directly or indirectly through the assessment process, is

29  inadmissible in court prior to the disposition hearing, unless

30  the child's written consent is obtained. At the disposition

31  hearing, documented client information shall serve to assist

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  1  the court in making the most appropriate custody,

  2  adjudicatory, and dispositional decision. If the screening and

  3  assessment indicate that the interest of the child and the

  4  public will be best served thereby, the juvenile probation

  5  officer intake counselor or case manager, with the approval of

  6  the state attorney, may refer the child for care, diagnostic

  7  and evaluation services, substance abuse treatment services,

  8  mental health services, retardation services, a diversionary

  9  or arbitration or mediation program, community service work,

10  or other programs or treatment services voluntarily accepted

11  by the child and the child's parents or legal guardians. The

12  victim, if any, and the law enforcement agency which

13  investigated the offense shall be notified immediately by the

14  state attorney of the action taken under this paragraph.

15  Whenever a child volunteers to participate in any work program

16  under this chapter or volunteers to work in a specified state,

17  county, municipal, or community service organization

18  supervised work program or to work for the victim, the child

19  shall be considered an employee of the state for the purposes

20  of liability. In determining the child's average weekly wage,

21  unless otherwise determined by a specific funding program, all

22  remuneration received from the employer is considered a

23  gratuity, and the child is not entitled to any benefits

24  otherwise payable under s. 440.15, regardless of whether the

25  child may be receiving wages and remuneration from other

26  employment with another employer and regardless of the child's

27  future wage-earning capacity.

28         (c)  The juvenile probation officer intake counselor or

29  case manager, upon determining that the report, affidavit, or

30  complaint complies with the standards of a probable cause

31  affidavit and that the interest of the child and the public

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  1  will be best served, may recommend that a delinquency petition

  2  not be filed. If such a recommendation is made, the juvenile

  3  probation officer intake counselor or case manager shall

  4  advise in writing the person or agency making the report,

  5  affidavit, or complaint, the victim, if any, and the law

  6  enforcement agency having investigative jurisdiction of the

  7  offense of the recommendation and the reasons therefor; and

  8  that the person or agency may submit, within 10 days after the

  9  receipt of such notice, the report, affidavit, or complaint to

10  the state attorney for special review. The state attorney,

11  upon receiving a request for special review, shall consider

12  the facts presented by the report, affidavit, or complaint,

13  and by the juvenile probation officer intake counselor or case

14  manager who made the recommendation that no petition be filed,

15  before making a final decision as to whether a petition or

16  information should or should not be filed.

17         (d)  In all cases in which the child is alleged to have

18  committed a violation of law or delinquent act and is not

19  detained, the juvenile probation officer intake counselor or

20  case manager shall submit a written report to the state

21  attorney, including the original report, complaint, or

22  affidavit, or a copy thereof, including a copy of the child's

23  prior juvenile record, within 20 days after the date the child

24  is taken into custody. In cases in which the child is in

25  detention, the intake office report must be submitted within

26  24 hours after the child is placed into detention. The intake

27  office report must recommend either that a petition or

28  information be filed or that no petition or information be

29  filed, and must set forth reasons for the recommendation.

30         (e)  The state attorney may in all cases take action

31  independent of the action or lack of action of the juvenile

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  1  probation officer intake counselor or case manager, and shall

  2  determine the action which is in the best interest of the

  3  public and the child. If the child meets the criteria

  4  requiring prosecution as an adult pursuant to s. 985.226, the

  5  state attorney shall request the court to transfer and certify

  6  the child for prosecution as an adult or shall provide written

  7  reasons to the court for not making such request. In all other

  8  cases, the state attorney may:

  9         1.  File a petition for dependency;

10         2.  File a petition pursuant to chapter 984;

11         3.  File a petition for delinquency;

12         4.  File a petition for delinquency with a motion to

13  transfer and certify the child for prosecution as an adult;

14         5.  File an information pursuant to s. 985.227;

15         6.  Refer the case to a grand jury;

16         7.  Refer the child to a diversionary, pretrial

17  intervention, arbitration, or mediation program, or to some

18  other treatment or care program if such program commitment is

19  voluntarily accepted by the child or the child's parents or

20  legal guardians; or

21         8.  Decline to file.

22         (f)  In cases in which a delinquency report, affidavit,

23  or complaint is filed by a law enforcement agency and the

24  state attorney determines not to file a petition, the state

25  attorney shall advise the clerk of the circuit court in

26  writing that no petition will be filed thereon.

27         (5)  Prior to requesting that a delinquency petition be

28  filed or prior to filing a dependency petition, the juvenile

29  probation officer intake officer may request the parent or

30  legal guardian of the child to attend a course of instruction

31  in parenting skills, training in conflict resolution, and the

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  1  practice of nonviolence; to accept counseling; or to receive

  2  other assistance from any agency in the community which

  3  notifies the clerk of the court of the availability of its

  4  services. Where appropriate, the juvenile probation officer

  5  intake officer shall request both parents or guardians to

  6  receive such parental assistance. The juvenile probation

  7  officer intake officer may, in determining whether to request

  8  that a delinquency petition be filed, take into consideration

  9  the willingness of the parent or legal guardian to comply with

10  such request.

11         Section 11.  Subsections (3), (4), and (6) of section

12  985.211, Florida Statutes, are amended to read:

13         985.211  Release or delivery from custody.--

14         (3)  If the child is released, the person taking the

15  child into custody shall make a written report or probable

16  cause affidavit to the appropriate juvenile probation officer

17  intake counselor or case manager within 3 days, stating the

18  facts and the reason for taking the child into custody.  Such

19  written report or probable cause affidavit shall:

20         (a)  Identify the child, the parents, guardian, or

21  legal custodian, and the person to whom the child was

22  released.

23         (b)  Contain sufficient information to establish the

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

25  that the child has committed a violation of law or a

26  delinquent act.

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

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

29  detained or released to a shelter designated by the

30  department, shall make a reasonable effort to immediately

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

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

  2  the appropriate juvenile probation officer intake counselor or

  3  case manager or, if the court has so ordered pursuant to s.

  4  985.215, to a detention center or facility. Upon delivery of

  5  the child, the person taking the child into custody shall make

  6  a written report or probable cause affidavit to the

  7  appropriate juvenile probation officer intake counselor or

  8  case manager. Such written report or probable cause affidavit

  9  must:

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

11  guardian, or legal custodian.

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

13  custody, with sufficient information to establish the

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

15  that the child has committed a violation of law.

16         (6)(a)  A copy of the probable cause affidavit or

17  written report by a law enforcement agency shall be filed, by

18  the law enforcement agency making such affidavit or written

19  report, with the clerk of the circuit court for the county in

20  which the child is taken into custody or in which the

21  affidavit or report is made within 24 hours after the child is

22  taken into custody and detained, within 1 week after the child

23  is taken into custody and released, or within 1 week after the

24  affidavit or report is made, excluding Saturdays, Sundays, and

25  legal holidays.  Such affidavit or report is a case for the

26  purpose of assigning a uniform case number pursuant to this

27  subsection.

28         (b)  Upon the filing of a copy of a probable cause

29  affidavit or written report by a law enforcement agency with

30  the clerk of the circuit court, the clerk shall immediately

31  assign a uniform case number to the affidavit or report,

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  1  forward a copy to the state attorney, and forward a copy to

  2  the intake office of the department which serves the county in

  3  which the case arose.

  4         (c)  Each letter of recommendation, written notice,

  5  report, or other paper required by law pertaining to the case

  6  shall bear the uniform case number of the case, and a copy

  7  shall be filed with the clerk of the circuit court by the

  8  issuing agency.  The issuing agency shall furnish copies to

  9  the juvenile probation officer intake counselor or case

10  manager and the state attorney.

11         (d)  Upon the filing of a petition based on the

12  allegations of a previously filed probable cause affidavit or

13  written report, the agency filing the petition shall include

14  the appropriate uniform case number on the petition.

15         Section 12.  Section 985.215, Florida Statutes, is

16  amended to read:

17         985.215  Detention.--

18         (1)  The juvenile probation officer intake counselor or

19  case manager shall receive custody of a child who has been

20  taken into custody from the law enforcement agency and shall

21  review the facts in the law enforcement report or probable

22  cause affidavit and make such further inquiry as may be

23  necessary to determine whether detention care is required.

24         (a)  During the period of time from the taking of the

25  child into custody to the date of the detention hearing, the

26  initial decision as to the child's placement into secure

27  detention care, nonsecure detention care, or home detention

28  care shall be made by the juvenile probation officer intake

29  counselor or case manager pursuant to ss. 985.213 and 985.214.

30         (b)  The juvenile probation officer intake counselor or

31  case manager shall base the decision whether or not to place

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  1  the child into secure detention care, home detention care, or

  2  nonsecure detention care on an assessment of risk in

  3  accordance with the risk assessment instrument and procedures

  4  developed by the Department of Juvenile Justice under s.

  5  985.213.

  6         (c)  If the juvenile probation officer intake counselor

  7  or case manager determines that a child who is eligible for

  8  detention based upon the results of the risk assessment

  9  instrument should be released, the juvenile probation officer

10  intake counselor or case manager shall contact the state

11  attorney, who may authorize release. If detention is not

12  authorized, the child may be released by the juvenile

13  probation officer intake counselor or case manager in

14  accordance with s. 985.211.

15

16  Under no circumstances shall the juvenile probation officer

17  intake counselor or case manager or the state attorney or law

18  enforcement officer authorize the detention of any child in a

19  jail or other facility intended or used for the detention of

20  adults, without an order of the court.

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

22  child taken into custody and placed into nonsecure or home

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

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

25         (a)  The child is alleged to be an escapee or an

26  absconder from a commitment program, a community control

27  program, furlough, or aftercare supervision, or is alleged to

28  have escaped while being lawfully transported to or from such

29  program or supervision.

30         (b)  The child is wanted in another jurisdiction for an

31  offense which, if committed by an adult, would be a felony.

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  1         (c)  The child is charged with a delinquent act or

  2  violation of law and requests in writing through legal counsel

  3  to be detained for protection from an imminent physical threat

  4  to his or her personal safety.

  5         (d)  The child is charged with committing an offense of

  6  domestic violence as defined in s. 741.28(1) and is detained

  7  as provided in s. 985.213(2)(b)3.

  8         (e)  The child is charged with a capital felony, a life

  9  felony, a felony of the first degree, a felony of the second

10  degree that does not involve a violation of chapter 893, or a

11  felony of the third degree that is also a crime of violence,

12  including any such offense involving the use or possession of

13  a firearm.

14         (f)  The child is charged with any second degree or

15  third degree felony involving a violation of chapter 893 or

16  any third degree felony that is not also a crime of violence,

17  and the child:

18         1.  Has a record of failure to appear at court hearings

19  after being properly notified in accordance with the Rules of

20  Juvenile Procedure;

21         2.  Has a record of law violations prior to court

22  hearings;

23         3.  Has already been detained or has been released and

24  is awaiting final disposition of the case;

25         4.  Has a record of violent conduct resulting in

26  physical injury to others; or

27         5.  Is found to have been in possession of a firearm.

28         (g)  The child is alleged to have violated the

29  conditions of the child's community control or aftercare

30  supervision. However, a child detained under this paragraph

31  may be held only in a consequence unit as provided in s.

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  1  985.231(1)(a)1.c. If a consequence unit is not available, the

  2  child shall be placed on home detention with electronic

  3  monitoring.

  4

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

  6  be detained pursuant to this subsection shall be given a

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

  8  purpose of the detention hearing is to determine the existence

  9  of probable cause that the child has committed the delinquent

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

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

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

13  the risk assessment performed by the juvenile probation

14  officer intake counselor or case manager and, based on the

15  criteria in this subsection, shall determine the need for

16  continued detention. A child placed into secure, nonsecure, or

17  home detention care may continue to be so detained by the

18  court pursuant to this subsection. If the court orders a

19  placement more restrictive than indicated by the results of

20  the risk assessment instrument, the court shall state, in

21  writing, clear and convincing reasons for such placement.

22  Except as provided in s. 790.22(8) or in subparagraph

23  (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph

24  (10)(d), when a child is placed into secure or nonsecure

25  detention care, or into a respite home or other placement

26  pursuant to a court order following a hearing, the court order

27  must include specific instructions that direct the release of

28  the child from such placement no later than 5 p.m. on the last

29  day of the detention period specified in paragraph (5)(b) or

30  paragraph (5)(c), or subparagraph (10)(a)1., whichever is

31  applicable, unless the requirements of such applicable

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  1  provision have been met or an order of continuance has been

  2  granted pursuant to paragraph (5)(d).

  3         (3)  Except in emergency situations, a child may not be

  4  placed into or transported in any police car or similar

  5  vehicle that at the same time contains an adult under arrest,

  6  unless the adult is alleged or believed to be involved in the

  7  same offense or transaction as the child.

  8         (4)  The court shall order the delivery of a child to a

  9  jail or other facility intended or used for the detention of

10  adults:

11         (a)  When the child has been transferred or indicted

12  for criminal prosecution as an adult pursuant to this part,

13  except that the court may not order or allow a child alleged

14  to have committed a misdemeanor who is being transferred for

15  criminal prosecution pursuant to either s. 985.226 or s.

16  985.227 to be detained or held in a jail or other facility

17  intended or used for the detention of adults; however, such

18  child may be held temporarily in a detention facility; or

19         (b)  When a child taken into custody in this state is

20  wanted by another jurisdiction for prosecution as an adult.

21

22  The child shall be housed separately from adult inmates to

23  prohibit a child from having regular contact with incarcerated

24  adults, including trustees. "Regular contact" means sight and

25  sound contact. Separation of children from adults shall permit

26  no more than haphazard or accidental contact. The receiving

27  jail or other facility shall contain a separate section for

28  children and shall have an adequate staff to supervise and

29  monitor the child's activities at all times. Supervision and

30  monitoring of children includes physical observation and

31  documented checks by jail or receiving facility supervisory

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  1  personnel at intervals not to exceed 15 minutes. This

  2  paragraph does not prohibit placing two or more children in

  3  the same cell. Under no circumstances shall a child be placed

  4  in the same cell with an adult.

  5         (5)(a)  A child may not be placed into or held in

  6  secure, nonsecure, or home detention care for longer than 24

  7  hours unless the court orders such detention care, and the

  8  order includes specific instructions that direct the release

  9  of the child from such detention care, in accordance with

10  subsection (2). The order shall be a final order, reviewable

11  by appeal pursuant to s. 985.234 and the Florida Rules of

12  Appellate Procedure.  Appeals of such orders shall take

13  precedence over other appeals and other pending matters.

14         (b)  A child may not be held in secure, nonsecure, or

15  home detention care under a special detention order for more

16  than 21 days unless an adjudicatory hearing for the case has

17  been commenced by the court.

18         (c)  A child may not be held in secure, nonsecure, or

19  home detention care for more than 15 days following the entry

20  of an order of adjudication.

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

22  include periods of delay resulting from a continuance granted

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

24  counsel or of the state. Upon the issuance of an order

25  granting a continuance for cause on a motion by either the

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

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

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

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

30  continuance of proceedings for the child or the state.

31

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  1         (6)  When any child is placed into secure, nonsecure,

  2  or home detention care or into other placement pursuant to a

  3  court order following a detention hearing, the court shall

  4  order the natural or adoptive parents of such child, the

  5  natural father of such child born out of wedlock who has

  6  acknowledged his paternity in writing before the court, or the

  7  guardian of such child's estate, if possessed of assets which

  8  under law may be disbursed for the care, support, and

  9  maintenance of the child, to pay to the Department of Juvenile

10  Justice, or institution having custody of the child, fees

11  equal to the actual cost of the care, support, and maintenance

12  of the child, as established by the Department of Juvenile

13  Justice, unless the court determines that the parent or

14  guardian of the child is indigent. The court may reduce the

15  fees or waive the fees upon a showing by the parent or

16  guardian of an inability to pay the full cost of the care,

17  support, and maintenance of the child. In addition, the court

18  may waive the fees if it finds that the child's parent or

19  guardian was the victim of the child's delinquent act or

20  violation of law or if the court finds that the parent or

21  guardian has made a diligent and good faith effort to prevent

22  the child from engaging in the delinquent act or violation of

23  law. With respect to a child who has been found to have

24  committed a delinquent act or violation of law, whether or not

25  adjudication is withheld, and whose parent or guardian

26  receives public assistance for any portion of that child's

27  care, the department must seek a federal waiver to garnish or

28  otherwise order the payments of the portion of the public

29  assistance relating to that child to offset the costs of

30  providing care, custody, maintenance, rehabilitation,

31  intervention, or corrective services to the child. When the

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  1  order affects the guardianship estate, a certified copy of the

  2  order shall be delivered to the judge having jurisdiction of

  3  the guardianship estate. The department may employ a

  4  collection agency for the purpose of receiving, collecting,

  5  and managing the payment of unpaid and delinquent fees. The

  6  collection agency must be registered and in good standing

  7  under chapter 559. The department may pay to the collection

  8  agency a fee from the amount collected under the claim or may

  9  authorize the agency to deduct the fee from the amount

10  collected.

11         (7)  If a child is detained and a petition for

12  delinquency is filed, the child shall be arraigned in

13  accordance with the Florida Rules of Juvenile Procedure within

14  48 hours after the filing of the petition for delinquency.

15         (8)  If a child is detained pursuant to this section,

16  the Department of Juvenile Justice may transfer the child from

17  nonsecure or home detention care to secure detention care only

18  if significantly changed circumstances warrant such transfer.

19         (9)  If a child is on release status and not detained

20  pursuant to this section, the child may be placed into secure,

21  nonsecure, or home detention care only pursuant to a court

22  hearing in which the original risk assessment instrument,

23  rescored based on newly discovered evidence or changed

24  circumstances with the results recommending detention, is

25  introduced into evidence.

26         (10)(a)1.  When a child is committed to the Department

27  of Juvenile Justice awaiting dispositional placement, removal

28  of the child from detention care shall occur within 5 days,

29  excluding Saturdays, Sundays, and legal holidays. Any child

30  held in secure detention during the 5 days must meet detention

31  admission criteria pursuant to this section. If the child is

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  1  committed to a low-risk residential program or a moderate-risk

  2  residential program, the department may seek an order from the

  3  court authorizing continued detention for a specific period of

  4  time necessary for the appropriate residential placement of

  5  the child. However, such continued detention in secure

  6  detention care may not exceed 15 days after commitment,

  7  excluding Saturdays, Sundays, and legal holidays, and except

  8  as otherwise provided in this subsection.

  9         2.  The court must place all children who are

10  adjudicated and awaiting placement in a residential commitment

11  program in detention care. Children who are in home detention

12  care or nonsecure detention care may be placed on electronic

13  monitoring.  A child committed to a moderate-risk residential

14  program may be held in a juvenile assignment center pursuant

15  to s. 985.307 until placement or commitment is accomplished.

16         (b)  A child who is placed in home detention care,

17  nonsecure detention care, or home or nonsecure detention care

18  with electronic monitoring, while awaiting placement in a

19  low-risk or moderate-risk program, may be held in secure

20  detention care for 5 days, if the child violates the

21  conditions of the home detention care, the nonsecure detention

22  care, or the electronic monitoring agreement.  For any

23  subsequent violation, the court may impose an additional 5

24  days in secure detention care.

25         (c)  If the child is committed to a high-risk

26  residential program, the child must be held in detention care

27  or in a juvenile assignment center pursuant to s. 985.307

28  until placement or commitment is accomplished.

29         (d)  If the child is committed to a maximum-risk

30  residential program, the child must be held in detention care

31

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  1  or in an assignment center pursuant to s. 985.307 until

  2  placement or commitment is accomplished.

  3         (e)  Upon specific appropriation, the department may

  4  obtain comprehensive evaluations, including, but not limited

  5  to, medical, academic, psychological, behavioral,

  6  sociological, and vocational needs of a youth with multiple

  7  arrests for all level criminal acts or a youth committed to a

  8  minimum-risk or low-risk commitment program.

  9         (11)(a)  When a juvenile sexual offender is placed in

10  detention, detention staff shall provide appropriate

11  monitoring and supervision to ensure the safety of other

12  children in the facility.

13         (b)  When a juvenile sexual offender, pursuant to this

14  subsection, is released from detention or transferred to home

15  detention or nonsecure detention, detention staff shall

16  immediately notify the appropriate law enforcement agency and

17  school personnel.

18         Section 13.  Paragraph (a) of subsection (1) of section

19  985.231, Florida Statutes, is amended to read:

20         985.231  Powers of disposition in delinquency cases.--

21         (1)(a)  The court that has jurisdiction of an

22  adjudicated delinquent child may, by an order stating the

23  facts upon which a determination of a sanction and

24  rehabilitative program was made at the disposition hearing:

25         1.  Place the child in a community control program or

26  an aftercare program under the supervision of an authorized

27  agent of the Department of Juvenile Justice or of any other

28  person or agency specifically authorized and appointed by the

29  court, whether in the child's own home, in the home of a

30  relative of the child, or in some other suitable place under

31  such reasonable conditions as the court may direct. A

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  1  community control program for an adjudicated delinquent child

  2  must include a penalty component such as restitution in money

  3  or in kind, community service, a curfew, revocation or

  4  suspension of the driver's license of the child, or other

  5  nonresidential punishment appropriate to the offense and must

  6  also include a rehabilitative program component such as a

  7  requirement of participation in substance abuse treatment or

  8  in school or other educational program.

  9         a.  A restrictiveness level classification scale for

10  levels of supervision shall be provided by the department,

11  taking into account the child's needs and risks relative to

12  community control supervision requirements to reasonably

13  ensure the public safety. Community control programs for

14  children shall be supervised by the department or by any other

15  person or agency specifically authorized by the court. These

16  programs must include, but are not limited to, structured or

17  restricted activities as described in this subparagraph, and

18  shall be designed to encourage the child toward acceptable and

19  functional social behavior. If supervision or a program of

20  community service is ordered by the court, the duration of

21  such supervision or program must be consistent with any

22  treatment and rehabilitation needs identified for the child

23  and may not exceed the term for which sentence could be

24  imposed if the child were committed for the offense, except

25  that the duration of such supervision or program for an

26  offense that is a misdemeanor of the second degree, or is

27  equivalent to a misdemeanor of the second degree, may be for a

28  period not to exceed 6 months. When restitution is ordered by

29  the court, the amount of restitution may not exceed an amount

30  the child and the parent or guardian could reasonably be

31  expected to pay or make. A child who participates in any work

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  1  program under this part is considered an employee of the state

  2  for purposes of liability, unless otherwise provided by law.

  3         b.  The court may conduct judicial review hearings for

  4  a child placed on community control for the purpose of

  5  fostering accountability to the judge and compliance with

  6  other requirements, such as restitution and community service.

  7  The court may allow early termination of community control for

  8  a child who has substantially complied with the terms and

  9  conditions of community control.

10         c.  If the conditions of the community control program

11  or the aftercare program are violated, the agent supervising

12  the program as it relates to the child involved, or the state

13  attorney, may bring the child before the court on a petition

14  alleging a violation of the program. Any child who violates

15  the conditions of community control or aftercare must be

16  brought before the court if sanctions are sought. A child

17  taken into custody under s. 985.207 s. 39.037 for violating

18  the conditions of community control or aftercare shall be held

19  in a consequence unit if such a unit is available. The child

20  shall be afforded a hearing within 24 hours after being taken

21  into custody to determine the existence of probable cause that

22  the child violated the conditions of community control or

23  aftercare. A consequence unit is a secure facility

24  specifically designated by the department for children who are

25  taken into custody under s. 985.207 for violating community

26  control or aftercare, or who have been found by the court to

27  have violated the conditions of community control or

28  aftercare. If the violation involves a new charge of

29  delinquency, the child may be detained under s. 985.215 in a

30  facility other than a consequence unit. If the child is not

31  eligible for detention for the new charge of delinquency, the

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  1  child may be held in the consequence unit pending a hearing

  2  and is subject to the time limitations specified in s.

  3  985.215. If the child denies violating the conditions of

  4  community control or aftercare, the court shall appoint

  5  counsel to represent the child at the child's request. Upon

  6  the child's admission, or if the court finds after a hearing

  7  that the child has violated the conditions of community

  8  control or aftercare, the court shall enter an order revoking,

  9  modifying, or continuing community control or aftercare. In

10  each such case, the court shall enter a new disposition order

11  and, in addition to the sanctions set forth in this paragraph,

12  may impose any sanction the court could have imposed at the

13  original disposition hearing. If the child is found to have

14  violated the conditions of community control or aftercare, the

15  court may:

16         (I)  Place the child in a consequence unit in that

17  judicial circuit, if available, for up to 5 days for a first

18  violation, and up to 15 days for a second or subsequent

19  violation.

20         (II)  Place the child on home detention with electronic

21  monitoring. However, this sanction may be used only if a

22  residential consequence unit is not available.

23         (III)  Modify or continue the child's community control

24  program or aftercare program.

25         (IV)  Revoke community control or aftercare and commit

26  the child to the department.

27         d.  Notwithstanding s. 743.07 and paragraph (d), and

28  except as provided in s. 985.31, the term of any order placing

29  a child in a community control program must be until the

30  child's 19th birthday unless he or she is released by the

31

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  1  court, on the motion of an interested party or on its own

  2  motion.

  3         2.  Commit the child to a licensed child-caring agency

  4  willing to receive the child, but the court may not commit the

  5  child to a jail or to a facility used primarily as a detention

  6  center or facility or shelter.

  7         3.  Commit the child to the Department of Juvenile

  8  Justice at a restrictiveness level defined in s. 985.03(45).

  9  Such commitment must be for the purpose of exercising active

10  control over the child, including, but not limited to,

11  custody, care, training, urine monitoring, and treatment of

12  the child and furlough of the child into the community.

13  Notwithstanding s. 743.07 and paragraph (d), and except as

14  provided in s. 985.31, the term of the commitment must be

15  until the child is discharged by the department or until he or

16  she reaches the age of 21.

17         4.  Revoke or suspend the driver's license of the

18  child.

19         5.  Require the child and, if the court finds it

20  appropriate, the child's parent or guardian together with the

21  child, to render community service in a public service

22  program.

23         6.  As part of the community control program to be

24  implemented by the Department of Juvenile Justice, or, in the

25  case of a committed child, as part of the community-based

26  sanctions ordered by the court at the disposition hearing or

27  before the child's release from commitment, order the child to

28  make restitution in money, through a promissory note cosigned

29  by the child's parent or guardian, or in kind for any damage

30  or loss caused by the child's offense in a reasonable amount

31  or manner to be determined by the court. The clerk of the

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  1  circuit court shall be the receiving and dispensing agent. In

  2  such case, the court shall order the child or the child's

  3  parent or guardian to pay to the office of the clerk of the

  4  circuit court an amount not to exceed the actual cost incurred

  5  by the clerk as a result of receiving and dispensing

  6  restitution payments. The clerk shall notify the court if

  7  restitution is not made, and the court shall take any further

  8  action that is necessary against the child or the child's

  9  parent or guardian. A finding by the court, after a hearing,

10  that the parent or guardian has made diligent and good faith

11  efforts to prevent the child from engaging in delinquent acts

12  absolves the parent or guardian of liability for restitution

13  under this subparagraph.

14         7.  Order the child and, if the court finds it

15  appropriate, the child's parent or guardian together with the

16  child, to participate in a community work project, either as

17  an alternative to monetary restitution or as part of the

18  rehabilitative or community control program.

19         8.  Commit the child to the Department of Juvenile

20  Justice for placement in a program or facility for serious or

21  habitual juvenile offenders in accordance with s. 985.31. Any

22  commitment of a child to a program or facility for serious or

23  habitual juvenile offenders must be for an indeterminate

24  period of time, but the time may not exceed the maximum term

25  of imprisonment that an adult may serve for the same offense.

26  The court may retain jurisdiction over such child until the

27  child reaches the age of 21, specifically for the purpose of

28  the child completing the program.

29         9.  In addition to the sanctions imposed on the child,

30  order the parent or guardian of the child to perform community

31  service if the court finds that the parent or guardian did not

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  1  make a diligent and good faith effort to prevent the child

  2  from engaging in delinquent acts. The court may also order the

  3  parent or guardian to make restitution in money or in kind for

  4  any damage or loss caused by the child's offense. The court

  5  shall determine a reasonable amount or manner of restitution,

  6  and payment shall be made to the clerk of the circuit court as

  7  provided in subparagraph 6.

  8         10.  Subject to specific appropriation, commit the

  9  juvenile sexual offender to the Department of Juvenile Justice

10  for placement in a program or facility for juvenile sexual

11  offenders in accordance with s. 985.308.  Any commitment of a

12  juvenile sexual offender to a program or facility for juvenile

13  sexual offenders must be for an indeterminate period of time,

14  but the time may not exceed the maximum term of imprisonment

15  that an adult may serve for the same offense.  The court may

16  retain jurisdiction over a juvenile sexual offender until the

17  juvenile sexual offender reaches the age of 21, specifically

18  for the purpose of completing the program.

19         Section 14.  Paragraph (a) of subsection (2) of section

20  985.216, Florida Statutes, is amended to read:

21         985.216  Punishment for contempt of court; alternative

22  sanctions.--

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

24  placed in a secure facility for purposes of punishment for

25  contempt of court if alternative sanctions are unavailable or

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

27  serve an alternative sanction but failed to comply with the

28  sanction.

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

30  indirect contempt may be placed in a secure detention facility

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

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  1  subsequent offense, or in a secure residential commitment

  2  facility.

  3         Section 15.  Paragraph (a) of subsection (3) of section

  4  985.226, Florida Statutes, is amended to read:

  5         985.226  Criteria for waiver of juvenile court

  6  jurisdiction; hearing on motion to transfer for prosecution as

  7  an adult.--

  8         (3)  WAIVER HEARING.--

  9         (a)  Within 7 days, excluding Saturdays, Sundays, and

10  legal holidays, after the date a petition alleging that a

11  child has committed a delinquent act or violation of law has

12  been filed, or later with the approval of the court, but

13  before an adjudicatory hearing and after considering the

14  recommendation of the juvenile probation officer intake

15  counselor or case manager, the state attorney may file a

16  motion requesting the court to transfer the child for criminal

17  prosecution.

18         Section 16.  Paragraph (b) of subsection (3) of section

19  985.23, Florida Statutes, is amended to read:

20         985.23  Disposition hearings in delinquency

21  cases.--When a child has been found to have committed a

22  delinquent act, the following procedures shall be applicable

23  to the disposition of the case:

24         (3)

25         (b)  If the court determines that commitment to the

26  department is appropriate, the juvenile probation officer

27  intake counselor or case manager shall recommend to the court

28  the most appropriate placement and treatment plan,

29  specifically identifying the restrictiveness level most

30  appropriate for the child.  If the court has determined that

31  the child was a member of a criminal street gang, that

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  1  determination shall be given great weight in identifying the

  2  most appropriate restrictiveness level for the child.  The

  3  court shall consider the department's recommendation in making

  4  its commitment decision.

  5         Section 17.  Subsection (4) of section 985.301, Florida

  6  Statutes, is amended to read:

  7         985.301  Civil citation.--

  8         (4)  If the juvenile fails to report timely for a work

  9  assignment, complete a work assignment, or comply with

10  assigned intervention services within the prescribed time, or

11  if the juvenile commits a third or subsequent misdemeanor, the

12  law enforcement officer shall issue a report alleging the

13  child has committed a delinquent act, at which point a

14  juvenile probation officer an intake counselor or case manager

15  shall perform a preliminary determination as provided under s.

16  985.21(4).

17         Section 18.  Subsections (4), (5), and (6) of section

18  985.304, Florida Statutes, are amended to read:

19         985.304  Community arbitration.--

20         (4)  PROCEDURE FOR INITIATING CASES FOR COMMUNITY

21  ARBITRATION.--

22         (a)  Any law enforcement officer may issue a complaint,

23  along with a recommendation for community arbitration, against

24  any child who such officer has reason to believe has committed

25  any offense that is eligible for community arbitration. The

26  complaint shall specify the offense and the reasons why the

27  law enforcement officer feels that the offense should be

28  handled by community arbitration. Any juvenile probation

29  officer intake counselor or case manager or, at the request of

30  the child's parent or legal custodian or guardian, the state

31  attorney or the court having jurisdiction, with the

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  1  concurrence of the state attorney, may refer a complaint to be

  2  handled by community arbitration when appropriate. A copy of

  3  the complaint shall be forwarded to the appropriate juvenile

  4  probation officer intake counselor or case manager and the

  5  parent or legal custodian or guardian of the child within 48

  6  hours after issuance of the complaint. In addition to the

  7  complaint, the child and the parent or legal custodian or

  8  guardian shall be informed of the objectives of the community

  9  arbitration process; the conditions, procedures, and

10  timeframes under which it will be conducted; and the fact that

11  it is not obligatory. The juvenile probation officer intake

12  counselor shall contact the child and the parent or legal

13  custodian or guardian within 2 days after the date on which

14  the complaint was received. At this time, the child or the

15  parent or legal custodian or guardian shall inform the

16  juvenile probation officer intake counselor of the decision to

17  approve or reject the handling of the complaint through

18  community arbitration.

19         (b)  The juvenile probation officer intake counselor

20  shall verify accurate identification of the child and

21  determine whether or not the child has any prior adjudications

22  or adjudications withheld for an offense eligible for

23  community arbitration for consideration in the point value

24  structure.  If the child has at least one prior adjudication

25  or adjudication withheld for an offense which is not eligible

26  for community arbitration, or if the child has already

27  surpassed the accepted level of points on prior community

28  arbitration resolutions, the juvenile probation officer intake

29  counselor or case manager shall consult with the state

30  attorney regarding the filing of formal juvenile proceedings.

31

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  1         (c)  If the child or the parent or legal custodian or

  2  guardian rejects the handling of the complaint through

  3  community arbitration, the juvenile probation officer intake

  4  counselor shall consult with the state attorney for the filing

  5  of formal juvenile proceedings.

  6         (d)  If the child or the parent or legal custodian or

  7  guardian accepts the handling of the complaint through

  8  community arbitration, the juvenile probation officer intake

  9  counselor shall provide copies of the complaint to the

10  arbitrator or panel within 24 hours.

11         (e)  The community arbitrator or community arbitration

12  panel shall, upon receipt of the complaint, set a time and

13  date for a hearing within 7 days and shall inform the child's

14  parent or legal custodian or guardian, the complaining

15  witness, and any victims of the time, date, and place of the

16  hearing.

17         (5)  HEARINGS.--

18         (a)  The law enforcement officer who issued the

19  complaint need not appear at the scheduled hearing.  However,

20  prior to the hearing, the officer shall file with the

21  community arbitrator or the community arbitration panel a

22  comprehensive report setting forth the facts and circumstances

23  surrounding the allegation.

24         (b)  Records and reports submitted by interested

25  agencies and parties, including, but not limited to,

26  complaining witnesses and victims, may be received in evidence

27  before the community arbitrator or the community arbitration

28  panel without the necessity of formal proof.

29         (c)  The testimony of the complaining witness and any

30  alleged victim may be received when available.

31

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  1         (d)  Any statement or admission made by the child

  2  appearing before the community arbitrator or the community

  3  arbitration panel relating to the offense for which he or she

  4  was cited is privileged and may not be used as evidence

  5  against the child either in a subsequent juvenile proceeding

  6  or in any subsequent civil or criminal action.

  7         (e)  If a child fails to appear on the original hearing

  8  date, the matter shall be referred back to the juvenile

  9  probation officer intake counselor who shall consult with the

10  state attorney regarding the filing of formal juvenile

11  proceedings.

12         (6)  DISPOSITION OF CASES.--

13         (a)  Subsequent to any hearing held as provided in

14  subsection (5), the community arbitrator or community

15  arbitration panel may:

16         1.  Recommend that the state attorney decline to

17  prosecute the child.

18         2.  Issue a warning to the child or the child's family

19  and recommend that the state attorney decline to prosecute the

20  child.

21         3.  Refer the child for placement in a community-based

22  nonresidential program.

23         4.  Refer the child or the family to community

24  counseling.

25         5.  Refer the child to a safety and education program

26  related to delinquent children.

27         6.  Refer the child to a work program related to

28  delinquent children and require up to 100 hours of work by the

29  child.

30

31

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  1         7.  Refer the child to a nonprofit organization for

  2  volunteer work in the community and require up to 100 hours of

  3  work by the child.

  4         8.  Order restitution in money or in kind in a case

  5  involving property damage; however, the amount of restitution

  6  shall not exceed the amount of actual damage to property.

  7         9.  Continue the case for further investigation.

  8         10.  Require the child to undergo urinalysis

  9  monitoring.

10         11.  Impose any other restrictions or sanctions that

11  are designed to encourage responsible and acceptable behavior

12  and are agreed upon by the participants of the community

13  arbitration proceedings.

14

15  The community arbitrator or community arbitration panel shall

16  determine an appropriate timeframe in which the disposition

17  must be completed. The community arbitrator or community

18  arbitration panel shall report the disposition of the case to

19  the juvenile probation officer intake counselor or case

20  manager.

21         (b)  Any person or agency to whom a child is referred

22  pursuant to this section shall periodically report the

23  progress of the child to the referring community arbitrator or

24  community arbitration panel in the manner prescribed by such

25  arbitrator or panel.

26         (c)  Any child who is referred by the community

27  arbitrator or community arbitration panel to a work program

28  related to delinquent children or to a nonprofit organization

29  for volunteer work in the community, and who is also ordered

30  to pay restitution to the victim, may be paid a reasonable

31  hourly wage for work, to the extent that funds are

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  1  specifically appropriated or authorized for this purpose;

  2  provided, however, that such payments shall not, in total,

  3  exceed the amount of restitution ordered and that such

  4  payments shall be turned over by the child to the victim.

  5         (d)  If a child consents to an informal resolution and,

  6  in the presence of the parent or legal custodian or guardian

  7  and the community arbitrator or community arbitration panel,

  8  agrees to comply with any disposition suggested or ordered by

  9  such arbitrator or panel and subsequently fails to abide by

10  the terms of such agreement, the community arbitrator or

11  community arbitration panel may, after a careful review of the

12  circumstances, forward the case back to the juvenile probation

13  officer intake counselor, who shall consult with the state

14  attorney regarding the filing of formal juvenile proceedings.

15         Section 19.  Subsection (6) of section 985.307, Florida

16  Statutes, is amended to read:

17         985.307  Juvenile assignment centers.--

18         (6)  Notwithstanding any provision to the contrary,

19  this section expires July 1, 2002 1998, unless reenacted by

20  the Legislature. The department may not create or operate a

21  juvenile assignment center after July 1, 2002 1998, without

22  further legislative authority. Unless reenacted by the

23  Legislature, any juvenile assignment center created under this

24  section shall be converted to a high-level or maximum-level

25  residential commitment program, subject to availability of

26  funds.

27         Section 20.  Subsection (3) of section 985.31, Florida

28  Statutes, is amended to read:

29         985.31  Serious or habitual juvenile offender.--

30         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

31  TREATMENT.--

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  1         (a)  Assessment and treatment shall be conducted by

  2  treatment professionals with expertise in specific treatment

  3  procedures, which professionals shall exercise all

  4  professional judgment independently of the department.

  5         (b)  Treatment provided to children in designated

  6  facilities shall be suited to the assessed needs of each

  7  individual child and shall be administered safely and

  8  humanely, with respect for human dignity.

  9         (c)  The department may promulgate rules for the

10  implementation and operation of programs and facilities for

11  serious or habitual juvenile offenders.

12         (d)  Any provider who acts in good faith is immune from

13  civil or criminal liability for his or her actions in

14  connection with the assessment, treatment, or transportation

15  of a serious or habitual juvenile offender under the

16  provisions of this chapter.

17         (e)  After a child has been adjudicated delinquent

18  pursuant to s. 985.228, the court shall determine whether the

19  child meets the criteria for a serious or habitual juvenile

20  offender pursuant to s. 985.03(47). If the court determines

21  that the child does not meet such criteria, the provisions of

22  s. 985.231(1) shall apply.

23         (f)  After a child has been transferred for criminal

24  prosecution, a circuit court judge may direct a juvenile

25  probation officer an intake counselor or case manager to

26  consult with designated staff from an appropriate serious or

27  habitual juvenile offender program for the purpose of making

28  recommendations to the court regarding the child's placement

29  in such program.

30         (g)  Recommendations as to a child's placement in a

31  serious or habitual juvenile offender program shall be

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  1  presented to the court within 72 hours after the adjudication

  2  or conviction, and may be based on a preliminary screening of

  3  the child at appropriate sites, considering the child's

  4  location while court action is pending, which may include the

  5  nearest regional detention center or facility or jail.

  6         (h)  Based on the recommendations of the

  7  multidisciplinary assessment, the juvenile probation officer

  8  intake counselor or case manager shall make the following

  9  recommendations to the court:

10         1.  For each child who has not been transferred for

11  criminal prosecution, the juvenile probation officer intake

12  counselor or case manager shall recommend whether placement in

13  such program is appropriate and needed.

14         2.  For each child who has been transferred for

15  criminal prosecution, the juvenile probation officer intake

16  counselor or case manager shall recommend whether the most

17  appropriate placement for the child is a juvenile justice

18  system program, including a serious or habitual juvenile

19  offender program or facility, or placement in the adult

20  correctional system.

21

22  If treatment provided by a serious or habitual juvenile

23  offender program or facility is determined to be appropriate

24  and needed and placement is available, the juvenile probation

25  officer intake counselor or case manager and the court shall

26  identify the appropriate serious or habitual juvenile offender

27  program or facility best suited to the needs of the child.

28         (i)  The treatment and placement recommendations shall

29  be submitted to the court for further action pursuant to this

30  paragraph:

31

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  1         1.  If it is recommended that placement in a serious or

  2  habitual juvenile offender program or facility is

  3  inappropriate, the court shall make an alternative disposition

  4  pursuant to s. 985.309 or other alternative sentencing as

  5  applicable, utilizing the recommendation as a guide.

  6         2.  If it is recommended that placement in a serious or

  7  habitual juvenile offender program or facility is appropriate,

  8  the court may commit the child to the department for placement

  9  in the restrictiveness level designated for serious or

10  habitual delinquent children programs.

11         (j)  The following provisions shall apply to children

12  in serious or habitual juvenile offender programs and

13  facilities:

14         1.  A child shall begin participation in the reentry

15  component of the program based upon a determination made by

16  the treatment provider and approved by the department.

17         2.  A child shall begin participation in the community

18  supervision component of aftercare based upon a determination

19  made by the treatment provider and approved by the department.

20  The treatment provider shall give written notice of the

21  determination to the circuit court having jurisdiction over

22  the child.  If the court does not respond with a written

23  objection within 10 days, the child shall begin the aftercare

24  component.

25         3.  A child shall be discharged from the program based

26  upon a determination made by the treatment provider with the

27  approval of the department.

28         4.  In situations where the department does not agree

29  with the decision of the treatment provider, a reassessment

30  shall be performed, and the department shall utilize the

31

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  1  reassessment determination to resolve the disagreement and

  2  make a final decision.

  3         (k)  Any commitment of a child to the department for

  4  placement in a serious or habitual juvenile offender program

  5  or facility shall be for an indeterminate period of time, but

  6  the time shall not exceed the maximum term of imprisonment

  7  which an adult may serve for the same offense. Notwithstanding

  8  the provisions of ss. 743.07 and 985.231(1)(d), a serious or

  9  habitual juvenile offender shall not be held under commitment

10  from a court pursuant to this section, s. 985.231, or s.

11  985.233 after becoming 21 years of age. This provision shall

12  apply only for the purpose of completing the serious or

13  habitual juvenile offender program pursuant to this chapter

14  and shall be used solely for the purpose of treatment.

15         Section 21.  Subsection (3) of section 985.311, Florida

16  Statutes, is amended to read:

17         985.311  Intensive residential treatment program for

18  offenders less than 13 years of age.--

19         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

20  TREATMENT.--

21         (a)  Assessment and treatment shall be conducted by

22  treatment professionals with expertise in specific treatment

23  procedures, which professionals shall exercise all

24  professional judgment independently of the department.

25         (b)  Treatment provided to children in designated

26  facilities shall be suited to the assessed needs of each

27  individual child and shall be administered safely and

28  humanely, with respect for human dignity.

29         (c)  The department may promulgate rules for the

30  implementation and operation of programs and facilities for

31  children who are eligible for an intensive residential

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  1  treatment program for offenders less than 13 years of age.

  2  The department must involve the following groups in the

  3  promulgation of rules for services for this population:  local

  4  law enforcement agencies, the judiciary, school board

  5  personnel, the office of the state attorney, the office of the

  6  public defender, and community service agencies interested in

  7  or currently working with juveniles.  When promulgating these

  8  rules, the department must consider program principles,

  9  components, standards, procedures for intake, diagnostic and

10  assessment activities, treatment modalities, and case

11  management.

12         (d)  Any provider who acts in good faith is immune from

13  civil or criminal liability for his or her actions in

14  connection with the assessment, treatment, or transportation

15  of an intensive offender less than 13 years of age under the

16  provisions of this chapter.

17         (e)  After a child has been adjudicated delinquent

18  pursuant to s. 985.228(5), the court shall determine whether

19  the child is eligible for an intensive residential treatment

20  program for offenders less than 13 years of age pursuant to s.

21  985.03(7).  If the court determines that the child does not

22  meet the criteria, the provisions of s. 985.231(1) shall

23  apply.

24         (f)  After a child has been transferred for criminal

25  prosecution, a circuit court judge may direct a juvenile

26  probation officer an intake counselor or case manager to

27  consult with designated staff from an appropriate intensive

28  residential treatment program for offenders less than 13 years

29  of age for the purpose of making recommendations to the court

30  regarding the child's placement in such program.

31

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  1         (g)  Recommendations as to a child's placement in an

  2  intensive residential treatment program for offenders less

  3  than 13 years of age may be based on a preliminary screening

  4  of the child at appropriate sites, considering the child's

  5  location while court action is pending, which may include the

  6  nearest regional detention center or facility or jail.

  7         (h)  Based on the recommendations of the

  8  multidisciplinary assessment, the juvenile probation officer

  9  intake counselor or case manager shall make the following

10  recommendations to the court:

11         1.  For each child who has not been transferred for

12  criminal prosecution, the juvenile probation officer intake

13  counselor or case manager shall recommend whether placement in

14  such program is appropriate and needed.

15         2.  For each child who has been transferred for

16  criminal prosecution, the juvenile probation officer intake

17  counselor or case manager shall recommend whether the most

18  appropriate placement for the child is a juvenile justice

19  system program, including a child who is eligible for an

20  intensive residential treatment program for offenders less

21  than 13 years of age, or placement in the adult correctional

22  system.

23

24  If treatment provided by an intensive residential treatment

25  program for offenders less than 13 years of age is determined

26  to be appropriate and needed and placement is available, the

27  juvenile probation officer intake counselor or case manager

28  and the court shall identify the appropriate intensive

29  residential treatment program for offenders less than 13 years

30  of age best suited to the needs of the child.

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  1         (i)  The treatment and placement recommendations shall

  2  be submitted to the court for further action pursuant to this

  3  paragraph:

  4         1.  If it is recommended that placement in an intensive

  5  residential treatment program for offenders less than 13 years

  6  of age is inappropriate, the court shall make an alternative

  7  disposition pursuant to s. 985.309 or other alternative

  8  sentencing as applicable, utilizing the recommendation as a

  9  guide.

10         2.  If it is recommended that placement in an intensive

11  residential treatment program for offenders less than 13 years

12  of age is appropriate, the court may commit the child to the

13  department for placement in the restrictiveness level

14  designated for intensive residential treatment program for

15  offenders less than 13 years of age.

16         Section 22.  Paragraph (a) of subsection (2) of section

17  985.406, Florida Statutes, is amended to read:

18         985.406  Juvenile justice training academies

19  established; Juvenile Justice Standards and Training

20  Commission created; Juvenile Justice Training Trust Fund

21  created.--

22         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING

23  COMMISSION.--

24         (a)  There is created under the Department of Juvenile

25  Justice the Juvenile Justice Standards and Training

26  Commission, hereinafter referred to as the commission. The

27  17-member commission shall consist of the Attorney General or

28  designee, the Commissioner of Education or designee, a member

29  of the juvenile court judiciary to be appointed by the Chief

30  Justice of the Supreme Court, and 14 members to be appointed

31  by the Secretary of Juvenile Justice as follows:

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  1         1.  Seven members shall be juvenile justice

  2  professionals:  a superintendent or a direct care staff member

  3  from an institution; a director from a contracted

  4  community-based program; a superintendent and a direct care

  5  staff member from a regional detention center or facility; a

  6  juvenile probation officer supervisor and a juvenile probation

  7  officer community control counselor; and a director of a day

  8  treatment or aftercare program. No fewer than three of these

  9  members shall be contract providers.

10         2.  Two members shall be representatives of local law

11  enforcement agencies.

12         3.  One member shall be an educator from the state's

13  university and community college program of criminology,

14  criminal justice administration, social work, psychology,

15  sociology, or other field of study pertinent to the training

16  of juvenile justice program staff.

17         4.  One member shall be a member of the public.

18         5.  One member shall be a state attorney, or assistant

19  state attorney, who has juvenile court experience.

20         6.  One member shall be a public defender, or assistant

21  public defender, who has juvenile court experience.

22         7.  One member shall be a representative of the

23  business community.

24

25  All appointed members shall be appointed to serve terms of 2

26  years.

27         Section 23.  Paragraph (c) of subsection (1) of section

28  985.412, Florida Statutes, is amended to read:

29         985.412  Quality assurance.--

30         (1)

31         (c)  The department shall:

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  1         1.  Establish a comprehensive quality assurance system

  2  for each program operated by the department or operated by a

  3  provider under contract with the department. Each contract

  4  entered into by the department must provide for quality

  5  assurance.

  6         2.  Provide operational definitions of and criteria for

  7  quality assurance for each specific program component.

  8         3.  Establish quality assurance goals and objectives

  9  for each specific program component.

10         4.  Establish the information and specific data

11  elements required for the quality assurance program.

12         5.  Develop a quality assurance manual of specific,

13  standardized terminology and procedures to be followed by each

14  program.

15         6.  Evaluate each program operated by the department or

16  a provider under a contract with the department and establish

17  minimum thresholds for each program component. If a provider

18  fails to meet the established minimum thresholds, such failure

19  shall cause the department to cancel the provider's contract

20  unless the provider achieves compliance with minimum

21  thresholds within 6 months or unless there are documented

22  extenuating circumstances. In addition, the department may not

23  contract with the same provider for the canceled service for a

24  period of 12 months. If a department-operated program fails to

25  meet the established minimum thresholds, the department must

26  take necessary and sufficient steps to ensure and document

27  program changes to achieve compliance with the established

28  minimum thresholds. If the department-operated program fails

29  to achieve compliance with the established minimum thresholds

30  within 6 months and if there are no documented extenuating

31  circumstances, the department must notify the Executive Office

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  1  of the Governor and the Legislature of the corrective action

  2  taken. Appropriate corrective action may include, but is not

  3  limited to:

  4         a.  Contracting out for the services provided in the

  5  program;

  6         b.  Initiating appropriate disciplinary action against

  7  all employees whose conduct or performance is deemed to have

  8  materially contributed to the programs failure to meet

  9  established minimum thresholds;

10         c.  Redesigning the program; or

11         d.  Realigning the program.

12

13  The department shall submit an annual report to the President

14  of the Senate, the Speaker of the House of Representatives,

15  the Minority Leader of each house of the Legislature, the

16  appropriate substantive and fiscal committees of each house of

17  the Legislature, and the Governor, no later than February 1 of

18  each year. The annual report must contain, at a minimum, for

19  each specific program component:  a comprehensive description

20  of the population served by the program; a specific

21  description of the services provided by the program; cost; a

22  comparison of expenditures to federal and state funding;

23  immediate and long-range concerns; and recommendations to

24  maintain, expand, improve, modify, or eliminate each program

25  component so that changes in services lead to enhancement in

26  program quality. The department department's inspector general

27  shall ensure the reliability and validity of the information

28  contained in the report.

29         Section 24.  For the purpose of incorporating the

30  amendment to section 985.412, Florida Statutes, in a reference

31

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  1  thereto, paragraph (b) of subsection (4) of section 985.315,

  2  Florida Statutes, is reenacted to read:

  3         985.315  Vocational/work training programs.--

  4         (4)

  5         (b)  Evaluations of juvenile work programs shall be

  6  conducted according to the following guidelines:

  7         1.  Systematic evaluations and quality assurance

  8  monitoring shall be implemented, in accordance with ss.

  9  985.401(4) and 985.412(1), to determine whether the juvenile

10  vocational work programs are related to successful postrelease

11  adjustments.

12         2.  Operations and policies of work programs shall be

13  reevaluated to determine if they are consistent with their

14  primary objectives.

15         Section 25.  Paragraph (b) of subsection (3) of section

16  985.413, Florida Statutes, is amended to read:

17         985.413  District juvenile justice boards.--

18         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

19         (b)1.a.  The authority to appoint members to district

20  juvenile justice boards, and the size of each board, is as

21  follows:

22         (I)  District 1 is to have a board composed of 12

23  members, to be appointed by the juvenile justice councils of

24  the respective counties, as follows: Escambia County, 6

25  members; Okaloosa County, 3 members; Santa Rosa County, 2

26  members; and Walton County, 1 member.

27         (II)  District 2 is to have a board composed of 18

28  members, to be appointed by the juvenile justice councils in

29  the respective counties, as follows: Holmes County, 1 member;

30  Washington County, 1 member; Bay County, 2 members; Jackson

31  County, 1 member; Calhoun County, 1 member; Gulf County, 1

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  1  member; Gadsden County, 1 member; Franklin County, 1 member;

  2  Liberty County, 1 member; Leon County, 4 members; Wakulla

  3  County, 1 member; Jefferson County, 1 member; Madison County,

  4  1 member; and Taylor County, 1 member.

  5         (III)  District 3 is to have a board composed of 15

  6  members, to be appointed by the juvenile justice councils of

  7  the respective counties, as follows: Hamilton County, 1

  8  member; Suwannee County, 1 member; Lafayette County, 1 member;

  9  Dixie County, 1 member; Columbia County, 1 member; Gilchrist

10  County, 1 member; Levy County, 1 member; Union County, 1

11  member; Bradford County, 1 member; Putnam County, 1 member;

12  and Alachua County, 5 members.

13         (IV)  District 4 is to have a board composed of 12

14  members, to be appointed by the juvenile justice councils of

15  the respective counties, as follows: Baker County, 1 member;

16  Nassau County, 1 member; Duval County, 7 members; Clay County,

17  2 members; and St. Johns County, 1 member.

18         (V)  District 5 is to have a board composed of 12

19  members, to be appointed by the juvenile justice councils of

20  the respective counties, as follows: Pasco County, 3 members;

21  and Pinellas County, 9 members.

22         (VI)  District 6 is to have a board composed of 12

23  members, to be appointed by the juvenile justice councils of

24  the respective counties, as follows: Hillsborough County, 9

25  members; and Manatee County, 3 members.

26         (VII)  District 7 is to have a board composed of 12

27  members, to be appointed by the juvenile justice councils of

28  the respective counties, as follows: Seminole County, 3

29  members; Orange County, 5 members; Osceola County, 1 member;

30  and Brevard County, 3 members.

31

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  1         (VIII)  District 8 is to have a board composed of 12

  2  members, to be appointed by the juvenile justice councils of

  3  the respective counties, as follows: Sarasota County, 3

  4  members; DeSoto County, 1 member; Charlotte County, 1 member;

  5  Lee County, 3 members; Glades County, 1 member; Hendry County,

  6  1 member; and Collier County, 2 members.

  7         (IX)  District 9 is to have a board composed of 12

  8  members, to be appointed by the juvenile justice council of

  9  Palm Beach County.

10         (X)  District 10 is to have a board composed of 12

11  members, to be appointed by the juvenile justice council of

12  Broward County.

13         (XI)  District 11 is to have a juvenile justice board

14  composed of 12 members to be appointed by the juvenile justice

15  council in the respective counties, as follows:  Dade County,

16  6 members and Monroe County, 6 members.

17         (XII)  District 12 is to have a board composed of 12

18  members, to be appointed by the juvenile justice council of

19  the respective counties, as follows: Flagler County, 3

20  members; and Volusia County, 9 members.

21         (XIII)  District 13 is to have a board composed of 12

22  members, to be appointed by the juvenile justice councils of

23  the respective counties, as follows: Marion County, 4 members;

24  Citrus County, 2 members; Hernando County, 2 members; Sumter

25  County, 1 member; and Lake County, 3 members.

26         (XIV)  District 14 is to have a board composed of 12

27  members, to be appointed by the juvenile justice councils of

28  the respective counties, as follows: Polk County, 9 members;

29  Highlands County, 2 members; and Hardee County, 1 member.

30         (XV)  District 15 is to have a board composed of 12

31  members, to be appointed by the juvenile justice councils of

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  1  the respective counties, as follows: Indian River County, 3

  2  members; Okeechobee County, 1 member; St. Lucie County, 5

  3  members; and Martin County, 3 members.

  4

  5  The district health and human services board in each district

  6  may appoint one of its members to serve as an ex officio

  7  member of the district juvenile justice board established

  8  under this sub-subparagraph.

  9         b.  In any judicial circuit where a juvenile

10  delinquency and gang prevention council exists on the date

11  this act becomes law, and where the circuit and district or

12  subdistrict boundaries are identical, such council shall

13  become the district juvenile justice board, and shall

14  thereafter have the purposes and exercise the authority and

15  responsibilities provided in this section.

16         2.  At any time after the adoption of initial bylaws

17  pursuant to paragraph (c), a district juvenile justice board

18  may adopt a bylaw to enlarge the size, by no more than three

19  members, and composition of the board to adequately reflect

20  the diversity of the population and community organizations in

21  the district.

22         3.  All appointments shall be for 2-year terms.

23  Appointments to fill vacancies created by death, resignation,

24  or removal of a member are for the unexpired term. A member

25  may not serve more than three two full consecutive terms;

26  however, this limitation does not apply in any district in

27  which a juvenile delinquency and gang prevention council that

28  existed on May 7, 1993, became the district juvenile justice

29  board.

30         4.  A member who is absent for three meetings within

31  any 12-month period, without having been excused by the chair,

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  1  is deemed to have resigned, and the board shall immediately

  2  declare the seat vacant.  Members may be suspended or removed

  3  for cause by a majority vote of the board members or by the

  4  Governor.

  5         5.  Members are subject to the provisions of chapter

  6  112, part III, Code of Ethics for Public Officers and

  7  Employees.

  8         (4)  DISTRICT JUVENILE JUSTICE PLAN; PROGRAMS.--

  9         (a)  A district juvenile justice plan is authorized in

10  each district or any subdivision of the district authorized by

11  the district juvenile justice board for the purpose of

12  reducing delinquent acts, juvenile arrests, and gang activity.

13  Juvenile justice programs under such plan may be administered

14  by the Department of Juvenile Justice; the district school

15  board; a local law enforcement agency; or any other public or

16  private entity, in cooperation with appropriate state or local

17  governmental entities and public and private agencies. A

18  juvenile justice program under this section may be planned,

19  implemented, and conducted in  any district pursuant to a

20  proposal developed and approved as specified in s. 985.415.

21         Section 26.  Paragraph (b) of subsection (2) of section

22  985.414, Florida Statutes, is amended to read:

23         985.414  County juvenile justice councils.--

24         (2)

25         (b)  The duties and responsibilities of a county

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

27         1.  Developing a county juvenile justice plan based

28  upon utilization of the resources of law enforcement, the

29  school system, the Department of Juvenile Justice, the

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

31  cooperative and collaborative manner to prevent or discourage

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  1  juvenile crime and develop meaningful alternatives to school

  2  suspensions and expulsions.

  3         2.  Entering into a written county interagency

  4  agreement specifying the nature and extent of contributions

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

  6  county juvenile justice plan and their commitment to the

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

  8  interagency agreement to the extent authorized by law. The

  9  interagency agreement must include as parties, at a minimum,

10  local school authorities or representatives, local law

11  enforcement agencies, and local representatives of the

12  Department of Juvenile Justice and the Department of Children

13  and Family Services. The agreement must specify how community

14  entities will cooperate, collaborate, and share information to

15  achieve the goals of the county juvenile justice plan.

16         3.  Applying for and receiving public or private

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

18  that support one or more components of the county juvenile

19  justice plan.

20         4.  Designating the county representatives to the

21  district juvenile justice board pursuant to s. 985.413.

22         5.  Providing a forum for the presentation of

23  interagency recommendations and the resolution of

24  disagreements relating to the contents of the county

25  interagency agreement or the performance by the parties of

26  their respective obligations under the agreement.

27         6.  Assisting and directing the efforts of local

28  community support organizations and volunteer groups in

29  providing enrichment programs and other support services for

30  clients of local juvenile detention centers.

31

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  1         7.  Providing an annual report and recommendations to

  2  the district juvenile justice board, the Juvenile Justice

  3  Advisory Board, and the district juvenile justice manager.

  4         Section 27.  Paragraphs (a) and (b) of subsection (1)

  5  of section 985.415, Florida Statutes, are amended to read:

  6         985.415  Community Juvenile Justice Partnership

  7  Grants.--

  8         (1)  GRANTS; CRITERIA.--

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

10  and district juvenile justice plans and the development and

11  implementation of county and district interagency agreements

12  pursuant to ss. 985.413 and 985.414, among representatives of

13  the Department of Juvenile Justice, the Department of Children

14  and Family Services, law enforcement, and school authorities,

15  the community juvenile justice partnership grant program is

16  established, and which program shall be administered by the

17  Department of Juvenile Justice.

18         (b)  The department shall only consider applications

19  which at a minimum provide for the following:

20         1.  The participation of the agencies and programs

21  needed to implement the project or program for which the

22  applicant is applying local school authorities, local law

23  enforcement, and local representatives of the Department of

24  Juvenile Justice and the Department of Children and Family

25  Services pursuant to a written interagency partnership

26  agreement. Such agreement must specify how community entities

27  will cooperate, collaborate, and share information in

28  furtherance of the goals of the district and county juvenile

29  justice plan; and

30

31

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

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

  3  of school safety.

  4         Section 28.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Provides for establishment and operation of juvenile
10    assessment centers instead of juvenile justice assessment
      centers. Conforms provisions relating to court costs and
11    assessments for delinquency prevention. Provides that a
      child held in secure detention awaiting dispositional
12    placement must meet detention admission criteria. Removes
      requirement for court order authorizing continued
13    detention under specified circumstances when the child is
      committed to a low-risk residential program. Provides
14    that a child found in contempt of court may be held only
      in a secure detention facility. Extends the expiration
15    date for specified provisions relating to juvenile
      assignment centers to July 1, 2002. Provides for the
16    Department of Juvenile Justice to ensure the reliability
      of a specified annual report. Increases maximum number of
17    terms for district juvenile justice board members, and
      revises membership qualifications. Removes an exception
18    to the limitation upon the number of terms of members.
      Requires certain participants in interagency agreements
19    for the development of county juvenile justice plans.
      Revises requirements for contents of the agreements.
20    Revises requirements for applications for community
      juvenile justice partnership grants. Revises definitions.
21    Defines "juvenile probation officer." Substitutes
      terminology and references to conform to changes made by
22    the act. See bill for details.

23

24

25

26

27

28

29

30

31

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