House Bill 4295c1

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    Florida House of Representatives - 1998             CS/HB 4295

        By the Committees on Governmental Operations, 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. 943.053, F.S.; permitting the

10         Department of Juvenile Justice or any other

11         state or local criminal justice agency to

12         provide copies of criminal history records for

13         certain juvenile offenders, employees, and

14         other individuals with access to a contracted

15         juvenile assessment center or detention

16         facility or contracted treatment program to the

17         entity under direct contract with the

18         department to operate the facilities or

19         programs; providing for assessment of a charge

20         by the criminal justice agency; providing

21         guidelines for use and dissemination of the

22         information; amending and renumbering s.

23         944.401, F.S., relating to escapes from secure

24         detention or residential commitment facility;

25         providing that escape from lawful

26         transportation to or from a secure detention

27         facility or residential commitment facility is

28         a third degree felony; providing penalties;

29         conforming references and terminology; amending

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

31         Punishment Code offense severity ranking chart;

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  1         conforming a reference to changes made by the

  2         act; amending s. 984.03, F.S.; redefining

  3         "habitual truant" with respect to ch. 984,

  4         F.S., relating to children and families in need

  5         of services; defining "juvenile probation

  6         officer," in lieu of "intake counselor" or

  7         "case manager," with respect to ch. 984, F.S.;

  8         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, state

  8         attorneys, public defenders, schools, and other

  9         agencies serving youth with respect to

10         establishment of juvenile assessment centers;

11         providing for development and modification of

12         centers through local initiative of community

13         agencies and local governments; providing for

14         management of centers by advisory committees;

15         providing for interagency agreements and

16         information sharing among participating

17         agencies; permitting the department to utilize

18         centers for purposes of residential commitment

19         program placement; providing for transportation

20         of youth from juvenile detention centers to the

21         centers; providing for family involvement in

22         assessment and evaluation; requiring inclusion

23         of 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         s. 985.223, F.S., relating to incompetency in

21         juvenile delinquency cases; removing a

22         provision restricting the applicability of s.

23         985.223, F.S., to certain delinquency cases

24         involving a delinquent act or violation of law

25         that would be a felony if committed by an

26         adult; requiring service of a motion

27         questioning the child's competency to proceed,

28         and service of subsequent motions, notices of

29         hearing, orders, or other pleadings, upon

30         specified counsel for the child, the state, the

31         Department of Juvenile Justice, and the

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  1         Department of Children and Family Services;

  2         providing for participation of both departments

  3         as parties to the litigation pertaining to

  4         competency, under specified circumstances;

  5         requiring specific statement of the basis for a

  6         determination of incompetency in the evaluation

  7         made by court-appointed experts; providing for

  8         fees of experts; providing for reimbursements

  9         of state employees for expenses; providing for

10         taxing of fees as costs in the case; requiring

11         inclusion of specific written findings in the

12         court order determining incompetency;

13         prescribing duties of the clerk of court and

14         guidelines relating to notification of the

15         order to the Department of Children and Family

16         Services and delivery of a referral packet;

17         prescribing duties of the Department of

18         Children and Family Services and guidelines

19         relating to treatment plans for the child's

20         restoration of competency; requiring commitment

21         for treatment or training to the Department of

22         Children and Family Services of a child who is

23         mentally ill or retarded, is adjudicated

24         incompetent to proceed, and has committed a

25         delinquent act or violation of law constituting

26         a felony if committed by an adult; prohibiting

27         such commitment to the Department of Juvenile

28         Justice or Department of Children and Family

29         Services of a child adjudicated incompetent to

30         proceed under specified circumstances;

31         requiring court determination of whether the

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  1         child found mentally ill or retarded and

  2         adjudicated incompetent to proceed meets the

  3         criteria for secure placement; permitting

  4         placement of the child in a secure facility or

  5         program if the court finds by clear and

  6         convincing evidence that the child meets

  7         specified criteria; requiring the commitment of

  8         a child to the Department of Children and

  9         Family Services and requiring treatment or

10         training of the child by the department in a

11         secure facility or program, or in the

12         community, under specified circumstances;

13         requiring placements of such children to be

14         separate from adult forensic programs;

15         providing for transfer of custody of such

16         children who attain competency; prescribing

17         duties of the Department of Juvenile Justice

18         relating to transportation of a child placed in

19         or discharged from a secure residential

20         facility; providing that the purpose of the

21         treatment or training is the restoration of the

22         child's competency to proceed; conforming

23         terminology to changes made by the act;

24         providing duties of service providers and

25         guidelines and time limits relating to reports

26         and provision of services; prescribing duties

27         of the Department of Children and Family

28         Services and guidelines relating to discharge

29         plans; providing for court orders as

30         appropriate in certain cases for the

31         instituting of proceedings under ch. 393, F.S.,

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  1         relating to developmental disabilities

  2         prevention and community services, or ch. 394,

  3         F.S., relating to mental health and Baker Act

  4         proceedings; requiring provision of

  5         court-ordered competency restoration services

  6         by the Department of Children and Family

  7         Services; amending ss. 985.226, 985.23,

  8         985.301, and 985.304, F.S., relating to

  9         transfer of child for prosecution as an adult,

10         disposition hearings in delinquency cases,

11         civil citation, and community arbitration,

12         respectively; substituting references to

13         "juvenile probation officer" for references to

14         "intake counselor" or "case manager";

15         conforming provisions to changes made by the

16         act; amending s. 985.307, F.S., relating to

17         juvenile assignment centers; extending the

18         expiration date for said section to July 1,

19         2000; removing a restriction upon operation of

20         a juvenile assignment center by the department;

21         permitting instead of requiring conversion of

22         certain centers under specified circumstances;

23         amending ss. 985.31 and 985.311, F.S., relating

24         to serious or habitual juvenile offenders and

25         intensive residential treatment programs for

26         offenders less than 13 years of age;

27         substituting references to "juvenile probation

28         officer" for references to "intake counselor"

29         or "case manager"; conforming provisions to

30         changes made by the act; amending s. 985.406,

31         F.S., relating to juvenile justice training

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  1         academies and Juvenile Justice Standards and

  2         Training Commission; revising membership

  3         qualifications for the commission; eliminating

  4         requirement for member who is a community

  5         control counselor; providing for membership of

  6         a juvenile probation officer supervisor and a

  7         juvenile probation officer; conforming

  8         terminology; amending s. 985.412, F.S.,

  9         relating to quality assurance; requiring

10         evaluation of each program operated by the

11         department; requiring program changes and

12         notification to the Executive Office of the

13         Governor and Legislature of corrective action,

14         under specified circumstances when a

15         department-operated program fails to meet

16         established minimum thresholds; providing for

17         appropriate corrective action, including

18         disciplinary action against employees under

19         specified circumstances; providing for the

20         Department of Juvenile Justice to ensure the

21         reliability of the annual report; reenacting s.

22         985.315(4)(b), F.S., relating to

23         vocational/work training programs to

24         incorporate said amendment in a reference;

25         amending s. 985.413, F.S.; increasing the

26         maximum number of terms for district juvenile

27         justice board members; removing an exception to

28         the limitation upon the number of terms of

29         members; amending s. 985.414, F.S.; requiring

30         certain participants in interagency agreements

31         for the development of county juvenile justice

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  1         plans; revising requirements for contents of

  2         the agreements; amending s. 985.415, F.S.;

  3         revising requirements for applications for

  4         community juvenile justice partnership grants;

  5         conforming references and terminology;

  6         providing an effective date.

  7

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

  9

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

11  Statutes, is amended to read:

12         938.17  County delinquency prevention.--

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

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

15  985.209 39.0471, or a partner in a suspension program

16  developed in conjunction with the district school board in the

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

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

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

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

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

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

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

24  or misdemeanor, or a criminal traffic offense or handicapped

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

26  municipal or county ordinance, if the violation constitutes a

27  misdemeanor under state law.

28         Section 2.  Subsection (8) is added to section 943.053,

29  Florida Statutes, to read:

30         943.053  Dissemination of criminal justice information;

31  fees.--

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  1         (1)  The Department of Law Enforcement shall

  2  disseminate criminal justice information only in accordance

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

  4         (2)  Criminal justice information derived from federal

  5  criminal justice information systems or criminal justice

  6  information systems of other states shall not be disseminated

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

  8  of the originating agency.

  9         (3)  Criminal history information, including

10  information relating to juveniles, compiled by the Division of

11  Criminal Justice Information Systems from intrastate sources

12  shall be available on a priority basis to criminal justice

13  agencies for criminal justice purposes free of charge and,

14  otherwise, to governmental agencies not qualified as criminal

15  justice agencies on an approximate-cost basis.  After

16  providing the division with all known identifying information,

17  persons in the private sector may be provided criminal history

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

19  Department of Law Enforcement.  Such fees shall approximate

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

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

22  Enforcement for good cause shown.

23         (4)  Criminal justice information provided by the

24  Department of Law Enforcement shall be used only for the

25  purpose stated in the request.

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

27  department shall provide to the Florida Department of Revenue

28  Child Support Enforcement access to Florida criminal records

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

30  such information as may be lawfully available from other

31  states via the National Law Enforcement Telecommunications

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

  2  potentially owe child support or to whom such obligation is

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

  4  information may be provided to child support enforcement

  5  authorities in other states for these specific purposes.

  6         (6)  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 sheriff of any county that has

10  contracted with a private entity to operate a county detention

11  facility pursuant to the provisions of s. 951.062 shall

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

13  Florida criminal history records for its inmates. The sheriff

14  may assess a charge for the Florida criminal history records

15  pursuant to the provisions of chapter 119. Sealed records

16  received by the private entity under this section remain

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

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

19  any user agreements adopted pursuant thereto, and

20  notwithstanding the confidentiality of sealed records as

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

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

23  criminal history records for inmates housed in a private state

24  correctional facility to the private entity under contract to

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

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

27  Florida criminal history records pursuant to the provisions of

28  chapter 119. Sealed records received by the private entity

29  under this section remain confidential and exempt from the

30  provisions of s. 119.07(1).

31

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

  2  any user agreements adopted pursuant thereto, and

  3  notwithstanding the confidentiality of sealed records as

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

  5  or any other state or local criminal justice agency may

  6  provide copies of the Florida criminal history records for

  7  juvenile offenders currently or formerly detained or housed in

  8  a contracted juvenile assessment center or detention facility

  9  or serviced in a contracted treatment program and for

10  employees or other individuals who will have access to these

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

12  Department of Juvenile Justice to operate these facilities or

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

14  criminal justice agency providing such data may assess a

15  charge for the Florida criminal history records pursuant to

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

17  private entity under this section remain confidential and

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

19  provided under this section shall be used only for the

20  criminal justice purpose for which it was requested and may

21  not be further disseminated.

22         Section 3.  Section 944.401, Florida Statutes, is

23  renumbered as section 985.3141, Florida Statutes, and amended

24  to read:

25         985.3141 944.401  Escapes from secure detention or

26  residential commitment facility.--An escape from:

27         (1)  Any secure detention facility maintained for the

28  temporary detention of children, pending adjudication,

29  disposition, or placement; an escape from

30         (2)  Any residential commitment facility described

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

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  1  custody, treatment, punishment, or rehabilitation of children

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

  3  or an escape from

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

  5  detention facility or residential commitment facility, thereto

  6  or therefrom

  7

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

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

10  s. 775.082, s. 775.083, or s. 775.084.

11         Section 4.  Paragraph (c) of subsection (3) of section

12  921.0022, Florida Statutes, is amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16

17  Florida           Felony

18  Statute           Degree             Description

19

20                              (c)  LEVEL 3

21  985.3141 39.061    3rd      Escapes from juvenile facility

22                              (secure detention or residential

23                              commitment facility).

24  319.30(4)          3rd      Possession by junkyard of motor

25                              vehicle with identification

26                              number plate removed.

27  319.33(1)(a)       3rd      Alter or forge any certificate of

28                              title to a motor vehicle or

29                              mobile home.

30  319.33(1)(c)       3rd      Procure or pass title on stolen

31                              vehicle.

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  1  319.33(4)          3rd      With intent to defraud, possess,

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

  3                              unlawfully obtained title or

  4                              registration.

  5  328.05(2)          3rd      Possess, sell, or counterfeit

  6                              fictitious, stolen, or fraudulent

  7                              titles or bills of sale of

  8                              vessels.

  9  328.07(4)          3rd      Manufacture, exchange, or possess

10                              vessel with counterfeit or wrong

11                              ID number.

12  376.302(5)         3rd      Fraud related to reimbursement

13                              for cleanup expenses under the

14                              Inland Protection Trust Fund.

15  501.001(2)(b)      2nd      Tampers with a consumer product

16                              or the container using materially

17                              false/misleading information.

18  697.08             3rd      Equity skimming.

19  790.15(3)          3rd      Person directs another to

20                              discharge firearm from a vehicle.

21  796.05(1)          3rd      Live on earnings of a prostitute.

22  806.10(1)          3rd      Maliciously injure, destroy, or

23                              interfere with vehicles or

24                              equipment used in firefighting.

25  806.10(2)          3rd      Interferes with or assaults

26                              firefighter in performance of

27                              duty.

28  810.09(2)(c)       3rd      Trespass on property other than

29                              structure or conveyance armed

30                              with firearm or dangerous weapon.

31

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  1  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

  2                              less than $10,000.

  3  815.04(4)(b)       2nd      Computer offense devised to

  4                              defraud or obtain property.

  5  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  6                              (Florida Communications Fraud

  7                              Act), property valued at less

  8                              than $20,000.

  9  817.233            3rd      Burning to defraud insurer.

10  828.12(2)          3rd      Tortures any animal with intent

11                              to inflict intense pain, serious

12                              physical injury, or death.

13  831.29             2nd      Possession of instruments for

14                              counterfeiting drivers' licenses.

15  838.021(3)(b)      3rd      Threatens unlawful harm to public

16                              servant.

17  843.19             3rd      Injure, disable, or kill police

18                              dog or horse.

19  870.01(2)          3rd      Riot; inciting or encouraging.

20  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

21                              cannabis (or other s.

22                              893.03(1)(c), (2)(c), (3), or (4)

23                              drugs).

24  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

25                              893.03(1)(c), (2)(c), (3), or (4)

26                              drugs within 200 feet of

27                              university, public housing

28                              facility, or public park.

29  893.13(6)(a)       3rd      Possession of any controlled

30                              substance other than felony

31                              possession of cannabis.

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  1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  2                              controlled substance by fraud,

  3                              forgery, misrepresentation, etc.

  4  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  5                              material information on any

  6                              document or record required by

  7                              chapter 893.

  8  918.13(1)(a)       3rd      Alter, destroy, or conceal

  9                              investigation evidence.

10  944.47

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

12                              correctional facility.

13  944.47(1)(c)       2nd      Possess contraband while upon the

14                              grounds of a correctional

15                              institution.

16         Section 5.  Subsections (29) and (31) of section

17  984.03, Florida Statutes, are amended to read:

18         984.03  Definitions.--When used in this chapter, the

19  term:

20         (29)  "Habitually truant" means that:

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

22  calendar days with or without the knowledge or justifiable

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

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

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

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

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

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

29  under ss. 232.17 and 232.19 have been completed.

30

31

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

  2  responsive to the interventions described in ss. 232.17 and

  3  232.19 and has completed the necessary requirements to pass

  4  the current grade as indicated in the district pupil

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

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

  7  compulsory school attendance age has 15 unexcused absences

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

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

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

11  appropriate agency for evaluation.  After consulting with the

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

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

14         (c)  A school representative, designated according to

15  school board policy, and an authorized agent intake counselor

16  or case manager of the Department of Juvenile Justice have

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

18  feasible, have performed separate investigations to identify

19  conditions which may be contributing to the truant behavior;

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

21  necessity for services, such services were determined to be

22  needed, the persons who performed the investigations met

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

24  appropriate community agencies for economic services, family

25  or individual counseling, or other services required to remedy

26  the conditions that are contributing to the truant behavior.

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

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

29  effort to participate, in the activities prescribed to remedy

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

31  return to school after participation in activities required by

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

  2  truant behavior after the school administration and the

  3  Department of Juvenile Justice have worked with the child as

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

  5  232.19.

  6

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

  8  responsive to the interventions described in ss. 232.17 and

  9  232.19 and has completed the necessary requirements to pass

10  the current grade as indicated in the district pupil

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

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

13  compulsory school attendance age has 15 unexcused absences

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

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

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

17  appropriate agency for evaluation.  After consulting with the

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

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

20         (31)  "Juvenile probation officer""Intake counselor" or

21  "case manager" means the authorized agent of the Department of

22  Juvenile Justice performing the intake or case management

23  function for a child alleged to be delinquent or in need of

24  services, or from a family in need of services.

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

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

27         985.03  Definitions.--When used in this chapter, the

28  term:

29         (27)  "Habitually truant" means that:

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

31  calendar days with or without the knowledge or justifiable

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

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

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

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

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

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

  7  under ss. 232.17 and 232.19 have been completed.

  8

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

10  responsive to the interventions described in ss. 232.17 and

11  232.19 and has completed the necessary requirements to pass

12  the current grade as indicated in the district pupil

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

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

15  compulsory school attendance age has 15 unexcused absences

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

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

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

19  appropriate agency for evaluation.  After consulting with the

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

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

22         (c)  A school representative, designated according to

23  school board policy, and an authorized agent intake counselor

24  or case manager of the Department of Juvenile Justice have

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

26  feasible, have performed separate investigations to identify

27  conditions which may be contributing to the truant behavior;

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

29  necessity for services, such services were determined to be

30  needed, the persons who performed the investigations met

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

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  1  appropriate community agencies for economic services, family

  2  or individual counseling, or other services required to remedy

  3  the conditions that are contributing to the truant behavior.

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

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

  6  effort to participate, in the activities prescribed to remedy

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

  8  return to school after participation in activities required by

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

10  truant behavior after the school administration and the

11  Department of Juvenile Justice have worked with the child as

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

13  232.19.

14

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

16  responsive to the interventions described in ss. 232.17 and

17  232.19 and has completed the necessary requirements to pass

18  the current grade as indicated in the district pupil

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

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

21  compulsory school attendance age has 15 unexcused absences

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

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

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

25  appropriate agency for evaluation.  After consulting with the

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

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

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

29  screening by the Department of Juvenile Justice of a complaint

30  or a law enforcement report or probable cause affidavit of

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

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  1  services to determine the recommendation to be taken in the

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

  3  The emphasis of intake is on diversion and the least

  4  restrictive available services. Consequently, intake includes

  5  such alternatives as:

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

  7  probable cause affidavit without court or public agency action

  8  or judicial handling when appropriate.

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

10  private agency when appropriate.

11         (c)  The recommendation by the juvenile probation

12  officer intake counselor or case manager of judicial handling

13  when appropriate and warranted.

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

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

16  of Juvenile Justice performing the intake or case management

17  function for a child alleged to be delinquent.

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

19  custody provided by programs that service the custody and care

20  needs of committed children. There shall be five

21  restrictiveness levels:

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

23  classified for placement in programs at this restrictiveness

24  level represent a minimum risk to themselves and public safety

25  and do not require placement and services in residential

26  settings. Programs or program models in this restrictiveness

27  level include: community counselor supervision programs,

28  special intensive group programs, nonresidential marine

29  programs, nonresidential training and rehabilitation centers,

30  and other local community nonresidential programs.

31

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

  2  classified for placement in programs at this level represent a

  3  low risk to themselves and public safety and do require

  4  placement and services in residential settings. Programs or

  5  program models in this restrictiveness level include: Short

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

  7  group homes, proctor homes, and Short Term Environmental

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

  9  placed in programs in this restrictiveness level.

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

11  classified for placement in programs in this restrictiveness

12  level represent a moderate risk to public safety.  Programs

13  are designed for children who require close supervision but do

14  not need placement in facilities that are physically secure.

15  Programs in the moderate-risk residential restrictiveness

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

17  treatment.  Upon specific appropriation, a facility at this

18  restrictiveness level may have a security fence around the

19  perimeter of the grounds of the facility and may be

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

21  this restrictiveness level may seclude a child who is a

22  physical threat to himself or others.  Mechanical restraint

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

24  this restrictiveness level include: halfway houses, START

25  Centers, the Dade Intensive Control Program, licensed

26  substance abuse residential programs, and moderate-term

27  wilderness programs designed for committed delinquent youth

28  that are operated or contracted by the Department of Juvenile

29  Justice.  Section 985.3141 944.401 applies to children in

30  programs in this restrictiveness level moderate-risk

31  residential programs.

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

  2  classified for this level of placement require close

  3  supervision in a structured residential setting that provides

  4  24-hour-per-day secure custody, care, and supervision.

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

  6  for public safety that outweighs placement in programs at

  7  lower restrictiveness levels. Programs or program models in

  8  this level are staff-secure or physically secure residential

  9  commitment facilities and include: training schools, intensive

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

11  wilderness programs designed exclusively for committed

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

13  and the Broward Control Treatment Center. Section 985.3141

14  944.401 applies to children placed in programs in this

15  restrictiveness level.

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

17  classified for this level of placement require close

18  supervision in a maximum security residential setting that

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

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

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

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

23  long-term residential commitment facilities that are intended

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

25  behavioral-modification services and include programs for

26  serious and habitual juvenile offenders and other

27  maximum-security program models authorized by the Legislature

28  and established by rule. Section 985.3141 applies to children

29  placed in programs in this restrictiveness level.

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

31  conditions under which a child is temporarily released from a

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  1  commitment facility or allowed home visits. If the temporary

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

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

  4  facility, the terms and conditions of the temporary release

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

  6  The term includes periods during which the child is supervised

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

  8  period during which the child is supervised by a juvenile

  9  probation officer case manager or other nonresidential staff

10  of the department or staff employed by an entity under

11  contract with the department. A child placed in a

12  postcommitment community control program by order of the court

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

14  subject to the terms and conditions of temporary release.

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

16  Statutes, is amended to read:

17         985.207  Taking a child into custody.--

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

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

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

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

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

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

24  to a juvenile probation officer an intake counselor pursuant

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

26  delivered to a juvenile probation officer an intake counselor

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

28  the juvenile probation officer intake counselor or case

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

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

31

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

  2  Statutes, is amended to read:

  3         985.208  Detention of furloughed child or escapee on

  4  authority of the department.--

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

  6  the request of the secretary of the department or duly

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

  8  absconded from a department facility for committed delinquent

  9  children, or from being lawfully transported thereto or

10  therefrom, into custody and deliver the child to the

11  appropriate juvenile probation officer intake counselor or

12  case manager of the department.

13         Section 9.  Section 985.209, Florida Statutes, is

14  amended to read:

15         985.209  Juvenile justice assessment centers.--

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

17  assessment center comprising community operated facilities and

18  programs which provide colocated central intake and screening

19  services for youth referred to the Department of Juvenile

20  Justice.

21         (2)  The department shall work cooperatively with

22  substance abuse programs, mental health providers, law

23  enforcement agencies, schools, health service providers, state

24  attorneys, public defenders, and other agencies serving youth

25  to establish juvenile assessment centers. Each current and

26  newly established center shall be developed and modified

27  through the local initiative of community agencies and local

28  governments and shall provide a broad array of youth-related

29  services appropriate to the needs of the community where the

30  center is located.

31

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

  2  participating agencies, consistent with respective statutory

  3  requirements of each agency, through an advisory committee and

  4  interagency agreements established with participating

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

  6  operation and ensure that appropriate and relevant agencies

  7  are collaboratively participating in and providing services at

  8  the center. Each participating state agency shall have

  9  operational oversight of only those individual service

10  components located and provided at the center for which the

11  state agency has statutory authority and responsibility.

12         (4)  Each center shall provide colocated central intake

13  and screening services for youth referred to the department.

14  The center shall provide sufficient services needed to

15  facilitate the initial screening of and case processing for

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

17  identification of the youth; detention admission screening;

18  needs assessment; substance abuse screening and assessments;

19  physical and mental health screening; and diagnostic testing

20  as appropriate. The department shall provide sufficient staff

21  and resources at a center to provide detention screening and

22  intake services.

23         (5)  Each center is authorized and encouraged to

24  establish truancy programs.  A truancy program may serve as

25  providing the central intake and screening of truant children

26  for a specific geographic area based upon written agreements

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

28  school boards.  A center may work cooperatively with any

29  truancy program operating in the area serving the center.

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

31  sharing of information among the participating agencies to

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  1  facilitate the screening of and case processing for youth

  2  referred to the department.

  3         (7)  The department may utilize juvenile assessment

  4  centers to the fullest extent possible for the purpose of

  5  conducting assessments and evaluations of youth ordered by the

  6  court for placement in residential commitment programs.

  7  Assessments and evaluations may be conducted by center staff

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

  9  awaiting placement in a residential commitment facility. If

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

11  center to a juvenile assessment center for the purpose of

12  conducting an assessment or evaluation. Such assessments and

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

14  assessment; substance abuse evaluations; physical and mental

15  health evaluations; psychological evaluations; behavioral

16  assessments; educational assessments; aptitude testing; and

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

18  parents or guardians and other family members should be

19  involved in the assessment and evaluation process. All

20  information, conclusions, treatment recommendations, and

21  reports derived from any assessment and evaluation performed

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

23  commitment packet and shall accompany the youth to the

24  residential commitment facility in which the youth is placed.

25  The department shall work cooperatively with substance abuse

26  facilities, mental health providers, law enforcement agencies,

27  schools, health services providers, and other entities

28  involved with children to establish a juvenile justice

29  assessment center in each service district. The assessment

30  center shall serve as central intake and screening for

31  children referred to the department. Each juvenile justice

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  1  assessment center shall provide services needed to facilitate

  2  initial screening of children, including intake and needs

  3  assessment, substance abuse screening, physical and mental

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

  5  entities involved in the assessment center shall make the

  6  resources for the provision of these services available at the

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

  8         Section 10.  Section 985.21, Florida Statutes, is

  9  amended to read:

10         985.21  Intake and case management.--

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

12  probation officer intake counselor shall screen each child to

13  determine:

14         1.  Appropriateness for release, referral to a

15  diversionary program including, but not limited to, a

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

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

18  nonofficial or nonjudicial handling.

19         2.  The presence of medical, psychiatric,

20  psychological, substance abuse, educational problems, or other

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

22  attention of law enforcement or the Department of Juvenile

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

24  nonjudicial handling of the case is chosen, the juvenile

25  probation officer intake counselor shall attempt to refer the

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

27  relevant assessment information concerning the child's

28  precipitating condition.

29         3.  The Department of Juvenile Justice shall develop an

30  intake and a case management system whereby a child brought

31  into intake is assigned a juvenile probation officer case

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

  2  diversionary program, referred for community arbitration, or

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

  4  nonofficial or nonjudicial handling, and shall make every

  5  reasonable effort to provide continuity of case management

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

  7  management for children committed to residential programs may

  8  be transferred as provided in s. 985.316.

  9         4.  In addition to duties specified in other sections

10  and through departmental rules, the assigned juvenile

11  probation officer case manager shall be responsible for the

12  following:

13         a.  Ensuring that a risk assessment instrument

14  establishing the child's eligibility for detention has been

15  accurately completed and that the appropriate recommendation

16  was made to the court.

17         b.  Inquiring as to whether the child understands his

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

19         c.  Performing the preliminary screening and making

20  referrals for comprehensive assessment regarding the child's

21  need for substance abuse treatment services, mental health

22  services, retardation services, literacy services, or other

23  educational or treatment services.

24         d.  Coordinating the multidisciplinary assessment when

25  required, which includes the classification and placement

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

27  classification, and treatment plan. When sufficient evidence

28  exists to warrant a comprehensive assessment and the child

29  fails to voluntarily participate in the assessment efforts, it

30  is the responsibility of the juvenile probation officer case

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

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

  2  This assessment, classification, and placement process shall

  3  develop into the predisposition report.

  4         e.  Making recommendations for services and

  5  facilitating the delivery of those services to the child,

  6  including any mental health services, educational services,

  7  family counseling services, family assistance services, and

  8  substance abuse services. The juvenile probation officer

  9  delinquency case manager shall serve as the primary case

10  manager for the purpose of managing, coordinating, and

11  monitoring the services provided to the child. Each program

12  administrator within the Department of Children and Family

13  Services shall cooperate with the primary case manager in

14  carrying out the duties and responsibilities described in this

15  section.

16

17  The Department of Juvenile Justice shall annually advise the

18  Legislature and the Executive Office of the Governor of the

19  resources needed in order for the intake and case management

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

21  with accepted standards and allows the necessary supervision

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

23  management system shall provide a comprehensive approach to

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

25  appropriate handling, and shall be based on an individualized

26  treatment plan.

27         (b)  The intake and case management system shall

28  facilitate consistency in the recommended placement of each

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

30  process, with the following purposes:

31

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  1         1.  An individualized, multidisciplinary assessment

  2  process that identifies the priority needs of each individual

  3  child for rehabilitation and treatment and identifies any

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

  5  would enhance their ability to provide adequate support,

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

  7  begin with the detention risk assessment instrument and

  8  decision, shall include the intake preliminary screening and

  9  comprehensive assessment for substance abuse treatment

10  services, mental health services, retardation services,

11  literacy services, and other educational and treatment

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

13  treatment needs, and classification regarding the child's

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

15  delinquent child, shall include the assessment for placement

16  in a serious or habitual delinquent children program pursuant

17  to s. 985.31. The completed multidisciplinary assessment

18  process shall result in the predisposition report.

19         2.  A classification system that assigns a relative

20  risk to the child and the community based upon assessments

21  including the detention risk assessment results when available

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

23  supervision alternatives.

24         3.  An admissions process that facilitates for each

25  child the utilization of the treatment plan and setting most

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

27  the minimum program security needed to ensure public safety.

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

29  department through a case management system.  The purpose of

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

31  and to determine the most appropriate treatment plan and

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

  2  intake process shall result in choosing the most appropriate

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

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

  5  probation officer intake counselor or case manager is

  6  responsible for making informed decisions and recommendations

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

  8  the child and family may receive the least intrusive service

  9  alternative throughout the judicial process. The department

10  shall establish uniform procedures for the juvenile probation

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

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

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

14  child and family for substance abuse and mental health

15  services.

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

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

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

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

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

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

22  and shall furnish to the intake office facts sufficient to

23  establish the jurisdiction of the court and to support a

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

25  act or violation of law.

26         (4)  The juvenile probation officer intake counselor or

27  case manager shall make a preliminary determination as to

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

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

30  case where the juvenile probation officer intake counselor or

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

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

  2  probable cause affidavit, the juvenile probation officer

  3  intake counselor or case manager or state attorney shall

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

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

  6  complaint or having knowledge of the facts or to the

  7  appropriate law enforcement agency having investigative

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

  9  or agency shall promptly furnish, additional information in

10  order to comply with the standards for a probable cause

11  affidavit.

12         (a)  The juvenile probation officer intake counselor or

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

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

15  alleged to have committed a delinquent act or violation of

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

17  delinquency or an information or seek an indictment by the

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

19  prerequisite for any action taken by the state attorney.

20         (b)  The juvenile probation officer intake counselor or

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

22  complaint is complete, pursuant to uniform procedures

23  established by the department, shall:

24         1.  When indicated by the preliminary screening,

25  provide for a comprehensive assessment of the child and family

26  for substance abuse problems, using community-based licensed

27  programs with clinical expertise and experience in the

28  assessment of substance abuse problems.

29         2.  When indicated by the preliminary screening,

30  provide for a comprehensive assessment of the child and family

31  for mental health problems, using community-based

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  1  psychologists, psychiatrists, or other licensed mental health

  2  professionals with clinical expertise and experience in the

  3  assessment of mental health problems.

  4

  5  When indicated by the comprehensive assessment, the department

  6  is authorized to contract within appropriated funds for

  7  services with a local nonprofit community mental health or

  8  substance abuse agency licensed or authorized under chapter

  9  394, or chapter 397, or other authorized nonprofit social

10  service agency providing related services. The determination

11  of mental health or substance abuse services shall be

12  conducted in coordination with existing programs providing

13  mental health or substance abuse services in conjunction with

14  the intake office. Client information resulting from the

15  screening and evaluation shall be documented pursuant to rules

16  established by the department and shall serve to assist the

17  juvenile probation officer intake counselor or case manager in

18  providing the most appropriate services and recommendations in

19  the least intrusive manner. Such client information shall be

20  used in the multidisciplinary assessment and classification of

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

22  directly or indirectly through the assessment process, is

23  inadmissible in court prior to the disposition hearing, unless

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

25  hearing, documented client information shall serve to assist

26  the court in making the most appropriate custody,

27  adjudicatory, and dispositional decision. If the screening and

28  assessment indicate that the interest of the child and the

29  public will be best served thereby, the juvenile probation

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

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

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  1  and evaluation services, substance abuse treatment services,

  2  mental health services, retardation services, a diversionary

  3  or arbitration or mediation program, community service work,

  4  or other programs or treatment services voluntarily accepted

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

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

  7  investigated the offense shall be notified immediately by the

  8  state attorney of the action taken under this paragraph.

  9  Whenever a child volunteers to participate in any work program

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

11  county, municipal, or community service organization

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

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

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

15  unless otherwise determined by a specific funding program, all

16  remuneration received from the employer is considered a

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

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

19  child may be receiving wages and remuneration from other

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

21  future wage-earning capacity.

22         (c)  The juvenile probation officer intake counselor or

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

24  complaint complies with the standards of a probable cause

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

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

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

28  probation officer intake counselor or case manager shall

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

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

31  enforcement agency having investigative jurisdiction of the

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  1  offense of the recommendation and the reasons therefor; and

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

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

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

  5  upon receiving a request for special review, shall consider

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

  7  and by the juvenile probation officer intake counselor or case

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

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

10  information should or should not be filed.

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

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

13  detained, the juvenile probation officer intake counselor or

14  case manager shall submit a written report to the state

15  attorney, including the original report, complaint, or

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

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

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

19  detention, the intake office report must be submitted within

20  24 hours after the child is placed into detention. The intake

21  office report must recommend either that a petition or

22  information be filed or that no petition or information be

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

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

25  independent of the action or lack of action of the juvenile

26  probation officer intake counselor or case manager, and shall

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

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

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

30  state attorney shall request the court to transfer and certify

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

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

  2  cases, the state attorney may:

  3         1.  File a petition for dependency;

  4         2.  File a petition pursuant to chapter 984;

  5         3.  File a petition for delinquency;

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

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

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

  9         6.  Refer the case to a grand jury;

10         7.  Refer the child to a diversionary, pretrial

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

12  other treatment or care program if such program commitment is

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

14  legal guardians; or

15         8.  Decline to file.

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

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

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

19  attorney shall advise the clerk of the circuit court in

20  writing that no petition will be filed thereon.

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

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

23  probation officer intake officer may request the parent or

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

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

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

27  other assistance from any agency in the community which

28  notifies the clerk of the court of the availability of its

29  services. Where appropriate, the juvenile probation officer

30  intake officer shall request both parents or guardians to

31  receive such parental assistance. The juvenile probation

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  1  officer intake officer may, in determining whether to request

  2  that a delinquency petition be filed, take into consideration

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

  4  such request.

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

  6  985.211, Florida Statutes, are amended to read:

  7         985.211  Release or delivery from custody.--

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

  9  child into custody shall make a written report or probable

10  cause affidavit to the appropriate juvenile probation officer

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

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

13  written report or probable cause affidavit shall:

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

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

16  released.

17         (b)  Contain sufficient information to establish the

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

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

20  delinquent act.

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

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

23  detained or released to a shelter designated by the

24  department, shall make a reasonable effort to immediately

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

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

27  the appropriate juvenile probation officer intake counselor or

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

29  985.215, to a detention center or facility. Upon delivery of

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

31  a written report or probable cause affidavit to the

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  1  appropriate juvenile probation officer intake counselor or

  2  case manager. Such written report or probable cause affidavit

  3  must:

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

  5  guardian, or legal custodian.

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

  7  custody, with sufficient information to establish the

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

  9  that the child has committed a violation of law.

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

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

12  the law enforcement agency making such affidavit or written

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

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

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

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

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

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

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

20  purpose of assigning a uniform case number pursuant to this

21  subsection.

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

23  affidavit or written report by a law enforcement agency with

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

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

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

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

28  which the case arose.

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

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

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

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

  2  issuing agency.  The issuing agency shall furnish copies to

  3  the juvenile probation officer intake counselor or case

  4  manager and the state attorney.

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

  6  allegations of a previously filed probable cause affidavit or

  7  written report, the agency filing the petition shall include

  8  the appropriate uniform case number on the petition.

  9         Section 12.  Section 985.215, Florida Statutes, is

10  amended to read:

11         985.215  Detention.--

12         (1)  The juvenile probation officer intake counselor or

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

14  taken into custody from the law enforcement agency and shall

15  review the facts in the law enforcement report or probable

16  cause affidavit and make such further inquiry as may be

17  necessary to determine whether detention care is required.

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

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

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

21  detention care, nonsecure detention care, or home detention

22  care shall be made by the juvenile probation officer intake

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

24         (b)  The juvenile probation officer intake counselor or

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

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

27  nonsecure detention care on an assessment of risk in

28  accordance with the risk assessment instrument and procedures

29  developed by the Department of Juvenile Justice under s.

30  985.213.

31

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  1         (c)  If the juvenile probation officer intake counselor

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

  3  detention based upon the results of the risk assessment

  4  instrument should be released, the juvenile probation officer

  5  intake counselor or case manager shall contact the state

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

  7  authorized, the child may be released by the juvenile

  8  probation officer intake counselor or case manager in

  9  accordance with s. 985.211.

10

11  Under no circumstances shall the juvenile probation officer

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

13  enforcement officer authorize the detention of any child in a

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

15  adults, without an order of the court.

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

17  child taken into custody and placed into nonsecure or home

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

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

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

21  absconder from a commitment program, a community control

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

23  have escaped while being lawfully transported to or from such

24  program or supervision.

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

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

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

28  violation of law and requests in writing through legal counsel

29  to be detained for protection from an imminent physical threat

30  to his or her personal safety.

31

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

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

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

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

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

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

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

  8  including any such offense involving the use or possession of

  9  a firearm.

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

11  third degree felony involving a violation of chapter 893 or

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

13  and the child:

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

15  after being properly notified in accordance with the Rules of

16  Juvenile Procedure;

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

18  hearings;

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

20  is awaiting final disposition of the case;

21         4.  Has a record of violent conduct resulting in

22  physical injury to others; or

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

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

25  conditions of the child's community control or aftercare

26  supervision. However, a child detained under this paragraph

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

28  985.231(1)(a)1.c. If a consequence unit is not available, the

29  child shall be placed on home detention with electronic

30  monitoring.

31

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

  2  be detained pursuant to this subsection shall be given a

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

  4  purpose of the detention hearing is to determine the existence

  5  of probable cause that the child has committed the delinquent

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

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

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

  9  the risk assessment performed by the juvenile probation

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

11  criteria in this subsection, shall determine the need for

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

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

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

15  placement more restrictive than indicated by the results of

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

17  writing, clear and convincing reasons for such placement.

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

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

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

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

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

23  must include specific instructions that direct the release of

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

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

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

27  applicable, unless the requirements of such applicable

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

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

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

31  placed into or transported in any police car or similar

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

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

  3  same offense or transaction as the child.

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

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

  6  adults:

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

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

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

10  to have committed a misdemeanor who is being transferred for

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

12  985.227 to be detained or held in a jail or other facility

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

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

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

16  wanted by another jurisdiction for prosecution as an adult.

17

18  The child shall be housed separately from adult inmates to

19  prohibit a child from having regular contact with incarcerated

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

21  sound contact. Separation of children from adults shall permit

22  no more than haphazard or accidental contact. The receiving

23  jail or other facility shall contain a separate section for

24  children and shall have an adequate staff to supervise and

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

26  monitoring of children includes physical observation and

27  documented checks by jail or receiving facility supervisory

28  personnel at intervals not to exceed 15 minutes. This

29  paragraph does not prohibit placing two or more children in

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

31  in the same cell with an adult.

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

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

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

  4  order includes specific instructions that direct the release

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

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

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

  8  Appellate Procedure.  Appeals of such orders shall take

  9  precedence over other appeals and other pending matters.

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

11  home detention care under a special detention order for more

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

13  been commenced by the court.

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

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

16  of an order of adjudication.

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

18  include periods of delay resulting from a continuance granted

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

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

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

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

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

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

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

26  continuance of proceedings for the child or the state.

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

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

29  court order following a detention hearing, the court shall

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

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

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

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

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

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

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

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

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

  8  Justice, unless the court determines that the parent or

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

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

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

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

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

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

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

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

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

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

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

20  adjudication is withheld, and whose parent or guardian

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

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

23  otherwise order the payments of the portion of the public

24  assistance relating to that child to offset the costs of

25  providing care, custody, maintenance, rehabilitation,

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

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

28  order shall be delivered to the judge having jurisdiction of

29  the guardianship estate. The department may employ a

30  collection agency for the purpose of receiving, collecting,

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

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  1  collection agency must be registered and in good standing

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

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

  4  authorize the agency to deduct the fee from the amount

  5  collected.

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

  7  delinquency is filed, the child shall be arraigned in

  8  accordance with the Florida Rules of Juvenile Procedure within

  9  48 hours after the filing of the petition for delinquency.

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

11  the Department of Juvenile Justice may transfer the child from

12  nonsecure or home detention care to secure detention care only

13  if significantly changed circumstances warrant such transfer.

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

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

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

17  hearing in which the original risk assessment instrument,

18  rescored based on newly discovered evidence or changed

19  circumstances with the results recommending detention, is

20  introduced into evidence.

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

22  of Juvenile Justice awaiting dispositional placement, removal

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

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

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

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

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

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

29  court authorizing continued detention for a specific period of

30  time necessary for the appropriate residential placement of

31  the child. However, such continued detention in secure

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  1  detention care may not exceed 15 days after commitment,

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

  3  as otherwise provided in this subsection.

  4         2.  The court must place all children who are

  5  adjudicated and awaiting placement in a residential commitment

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

  7  care or nonsecure detention care may be placed on electronic

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

  9  program may be held in a juvenile assignment center pursuant

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

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

12  nonsecure detention care, or home or nonsecure detention care

13  with electronic monitoring, while awaiting placement in a

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

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

16  conditions of the home detention care, the nonsecure detention

17  care, or the electronic monitoring agreement.  For any

18  subsequent violation, the court may impose an additional 5

19  days in secure detention care.

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

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

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

23  until placement or commitment is accomplished.

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

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

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

27  placement or commitment is accomplished.

28         (e)  Upon specific appropriation, the department may

29  obtain comprehensive evaluations, including, but not limited

30  to, medical, academic, psychological, behavioral,

31  sociological, and vocational needs of a youth with multiple

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

  2  minimum-risk or low-risk commitment program.

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

  4  detention, detention staff shall provide appropriate

  5  monitoring and supervision to ensure the safety of other

  6  children in the facility.

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

  8  subsection, is released from detention or transferred to home

  9  detention or nonsecure detention, detention staff shall

10  immediately notify the appropriate law enforcement agency and

11  school personnel.

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

13  985.231, Florida Statutes, is amended to read:

14         985.231  Powers of disposition in delinquency cases.--

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

16  adjudicated delinquent child may, by an order stating the

17  facts upon which a determination of a sanction and

18  rehabilitative program was made at the disposition hearing:

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

20  an aftercare program under the supervision of an authorized

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

22  person or agency specifically authorized and appointed by the

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

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

25  such reasonable conditions as the court may direct. A

26  community control program for an adjudicated delinquent child

27  must include a penalty component such as restitution in money

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

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

30  nonresidential punishment appropriate to the offense and must

31  also include a rehabilitative program component such as a

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  1  requirement of participation in substance abuse treatment or

  2  in school or other educational program.

  3         a.  A restrictiveness level classification scale for

  4  levels of supervision shall be provided by the department,

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

  6  community control supervision requirements to reasonably

  7  ensure the public safety. Community control programs for

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

  9  person or agency specifically authorized by the court. These

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

11  restricted activities as described in this subparagraph, and

12  shall be designed to encourage the child toward acceptable and

13  functional social behavior. If supervision or a program of

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

15  such supervision or program must be consistent with any

16  treatment and rehabilitation needs identified for the child

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

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

19  that the duration of such supervision or program for an

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

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

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

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

24  the child and the parent or guardian could reasonably be

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

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

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

28         b.  The court may conduct judicial review hearings for

29  a child placed on community control for the purpose of

30  fostering accountability to the judge and compliance with

31  other requirements, such as restitution and community service.

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  1  The court may allow early termination of community control for

  2  a child who has substantially complied with the terms and

  3  conditions of community control.

  4         c.  If the conditions of the community control program

  5  or the aftercare program are violated, the agent supervising

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

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

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

  9  the conditions of community control or aftercare must be

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

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

12  the conditions of community control or aftercare shall be held

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

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

15  into custody to determine the existence of probable cause that

16  the child violated the conditions of community control or

17  aftercare. A consequence unit is a secure facility

18  specifically designated by the department for children who are

19  taken into custody under s. 985.207 for violating community

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

21  have violated the conditions of community control or

22  aftercare. If the violation involves a new charge of

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

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

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

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

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

28  985.215. If the child denies violating the conditions of

29  community control or aftercare, the court shall appoint

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

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

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  1  that the child has violated the conditions of community

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

  3  modifying, or continuing community control or aftercare. In

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

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

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

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

  8  violated the conditions of community control or aftercare, the

  9  court may:

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

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

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

13  violation.

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

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

16  residential consequence unit is not available.

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

18  program or aftercare program.

19         (IV)  Revoke community control or aftercare and commit

20  the child to the department.

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

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

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

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

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

26  motion.

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

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

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

30  center or facility or shelter.

31

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  1         3.  Commit the child to the Department of Juvenile

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

  3  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

10  she reaches the age of 21.

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

12  child.

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

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

15  child, to render community service in a public service

16  program.

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

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

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

20  sanctions ordered by the court at the disposition hearing or

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

22  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

30  by the clerk as a result of receiving and dispensing

31  restitution payments. The clerk shall notify the court if

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

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

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

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

  5  efforts to prevent the child from engaging in delinquent acts

  6  absolves the parent or guardian of liability for restitution

  7  under this subparagraph.

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

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

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

11  an alternative to monetary restitution or as part of the

12  rehabilitative or community control program.

13         8.  Commit the child to the Department of Juvenile

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

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

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

17  habitual juvenile offenders must be for an indeterminate

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

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

20  The court may retain jurisdiction over such child until the

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

22  the child completing the program.

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

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

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

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

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

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

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

30  shall determine a reasonable amount or manner of restitution,

31

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

  2  provided in subparagraph 6.

  3         10.  Subject to specific appropriation, commit the

  4  juvenile sexual offender to the Department of Juvenile Justice

  5  for placement in a program or facility for juvenile sexual

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

  7  juvenile sexual offender to a program or facility for juvenile

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

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

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

11  retain jurisdiction over a juvenile sexual offender until the

12  juvenile sexual offender reaches the age of 21, specifically

13  for the purpose of completing the program.

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

15  985.216, Florida Statutes, is amended to read:

16         985.216  Punishment for contempt of court; alternative

17  sanctions.--

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

19  placed in a secure facility for purposes of punishment for

20  contempt of court if alternative sanctions are unavailable or

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

22  serve an alternative sanction but failed to comply with the

23  sanction.

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

25  indirect contempt may be placed in a secure detention facility

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

27  subsequent offense, or in a secure residential commitment

28  facility.

29         Section 15.  Section 985.223, Florida Statutes, is

30  amended to read:

31         985.223  Incompetency in juvenile delinquency cases.--

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  1         (1)  If, at any time prior to or during a delinquency

  2  case involving a delinquent act or violation of law that would

  3  be a felony if committed by an adult, the court has reason to

  4  believe that the child named in the petition may be

  5  incompetent to proceed with the hearing, the court on its own

  6  motion may, or on the motion of the child's attorney or state

  7  attorney must, stay all proceedings and order an evaluation of

  8  the child's mental condition.

  9         (a)  Any motion questioning the child's competency to

10  proceed must be served upon the child's attorney, the state

11  attorney, the attorneys representing the Department of

12  Juvenile Justice, and the attorneys representing the

13  Department of Children and Family Services. Thereafter, any

14  motion, notice of hearing, order, or other legal pleading

15  relating to the child's competency to proceed with the hearing

16  must be served upon the child's attorney, the state attorney,

17  the attorneys representing the Department of Juvenile Justice,

18  and the attorneys representing the Department of Children and

19  Family Services. The Department of Juvenile Justice and the

20  Department of Children and Family Services, after service of

21  the motion questioning the child's competency to proceed, may

22  participate as parties to the litigation pertaining to

23  competency.

24         (b)(a)  All determinations of competency shall be made

25  at a hearing, with findings of fact based on an evaluation of

26  the child's mental condition made by not less than two nor

27  more than three experts appointed by the court.  The basis for

28  If the determination of incompetency is based on the presence

29  of a mental illness or mental retardation, this must be

30  specifically stated in the evaluation.  In addition, a

31  recommendation as to whether residential or nonresidential

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  1  treatment or training is required must be included in the

  2  evaluation. Experts appointed by the court to determine the

  3  mental condition of a child shall be allowed reasonable fees

  4  for services rendered. State employees may be paid expenses

  5  pursuant to s. 112.061. The fees shall be taxed as costs in

  6  the case.

  7         (c)  All court orders determining incompetency must

  8  include specific written findings by the court as to the

  9  nature of the incompetency and whether the child requires

10  secure or nonsecure treatment or training environments.

11         (d)(b)  For incompetency evaluations related to mental

12  illness, the Department of Children and Family Services shall

13  annually provide the courts with a list of mental health

14  professionals who have completed a training program approved

15  by the Department of Children and Family Services to perform

16  the evaluations.

17         (e)(c)  For incompetency evaluations related to mental

18  retardation, the court shall order the Developmental Services

19  Program Office within the Department of Children and Family

20  Services to examine the child to determine if the child meets

21  the definition of "retardation" in s. 393.063 and, if so,

22  whether the child is competent to proceed with delinquency

23  proceedings.

24         (f)(d)  A child is competent to proceed if the child

25  has sufficient present ability to consult with counsel with a

26  reasonable degree of rational understanding and the child has

27  a rational and factual understanding of the present

28  proceedings.  The report must address the child's capacity to:

29         1.  Appreciate the charges or allegations against the

30  child.

31

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  1         2.  Appreciate the range and nature of possible

  2  penalties that may be imposed in the proceedings against the

  3  child, if applicable.

  4         3.  Understand the adversarial nature of the legal

  5  process.

  6         4.  Disclose to counsel facts pertinent to the

  7  proceedings at issue.

  8         5.  Display appropriate courtroom behavior.

  9         6.  Testify relevantly.

10         (g)  Immediately upon the filing of the court order

11  finding a child incompetent to proceed, the clerk of the court

12  shall notify the Department of Children and Family Services

13  and fax or hand deliver to the Department of Children and

14  Family Services a referral packet which includes, at a

15  minimum, the court order, the charging documents, the

16  petition, and the court-appointed evaluator's reports.

17         (h)  After placement of the child in the appropriate

18  setting, the Department of Children and Family Services must,

19  within 30 days after the Department of Children and Family

20  Services places the child, prepare and submit to the court a

21  treatment plan for the child's restoration of competency. A

22  copy of the treatment plan must be served upon the child's

23  attorney, the state attorney, and the attorneys representing

24  the Department of Juvenile Justice.

25         (2)  A Every child who is mentally ill or retarded, who

26  is adjudicated incompetent to proceed, and who has committed a

27  delinquent act or violation of law, either of which would be a

28  felony if committed by an adult, must may be involuntarily

29  committed to the Department of Children and Family Services

30  for treatment or training. A child who has been adjudicated

31  incompetent to proceed because of age or immaturity, or for

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  1  any reason other than for mental illness or retardation, must

  2  not be committed to the department or to the Department of

  3  Children and Family Services for restoration-of-competency

  4  treatment or training services. upon a finding by the court of

  5  clear and convincing evidence that: For purposes of this

  6  section, a child who has committed a delinquent act or

  7  violation of law, either of which would be a misdemeanor if

  8  committed by an adult, may not be committed to the department

  9  or to the Department of Children and Family Services for

10  restoration-of-competency treatment or training services.

11         (3)  If the court finds that a child is mentally ill or

12  retarded and adjudicates the child incompetent to proceed, the

13  court must also determine whether the child meets the criteria

14  for secure placement. A child may be placed in a secure

15  facility or program if the court makes a finding by clear and

16  convincing evidence that:

17         (a)  The child is mentally ill and because of the

18  mental illness; or the child is mentally retarded and because

19  of the mental retardation:

20         1.  The child is manifestly incapable of surviving with

21  the help of willing and responsible family or friends,

22  including available alternative services, and without

23  treatment or training the child is likely to either suffer

24  from neglect or refuse to care for self, and such neglect or

25  refusal poses a real and present threat of substantial harm to

26  the child's well-being; or

27         2.  There is a substantial likelihood that in the near

28  future the child will inflict serious bodily harm on self or

29  others, as evidenced by recent behavior causing, attempting,

30  or threatening such harm; and

31

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  1         (b)  All available less restrictive alternatives,

  2  including treatment or training in community residential

  3  facilities or community inpatient or outpatient settings which

  4  would offer an opportunity for improvement of the child's

  5  condition, are inappropriate.

  6         (4)(3)  A Each child who is determined to be mentally

  7  ill or retarded, who has been adjudicated incompetent to

  8  proceed, and who meets the criteria set forth for commitment

  9  in subsection (3)(2), must be committed to the Department of

10  Children and Family Services, and the Department of Children

11  and Family Services that department may retain, and if it

12  retains must treat or train the child in a secure facility or

13  program which is the least restrictive alternative consistent

14  with public safety.  Any placement commitment of a child to a

15  secure residential program must be separate from adult

16  forensic programs.  If the child attains competency, then

17  custody, case management, and supervision of the child will be

18  transferred to the department in order to continue delinquency

19  proceedings; however, the court retains authority to order the

20  Department of Children and Family Services to provide

21  continued treatment to maintain competency.

22         (a)  A child adjudicated incompetent due to mental

23  retardation may be ordered into a secure program or facility

24  designated by the Department of Children and Family Services

25  for retarded children.

26         (b)  A child adjudicated incompetent due to mental

27  illness may be ordered into a secure program or facility

28  designated by the Department of Children and Family Services

29  for mentally ill children.

30         (c)  Whenever a child is placed in a secure residential

31  facility, the department will provide transportation to the

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  1  secure residential facility for admission and from the secure

  2  residential facility upon discharge.

  3         (d)  The purpose of the treatment or training is the

  4  restoration of the child's competency to proceed.

  5         (e)(c)  The service provider must file a written report

  6  with the court pursuant to the applicable Florida Rules of

  7  Juvenile Procedure not later than 6 months after the date of

  8  commitment, or at the end of any period of extended treatment

  9  or training, and or at any time the Department of Children and

10  Family Services, through its service provider determines the

11  child has attained competency or no longer meets the criteria

12  for secure placement, or at such shorter intervals as ordered

13  by the court commitment, the service provider must file a

14  report with the court pursuant to the applicable Rules of

15  Juvenile Procedure. A copy of a written report evaluating the

16  child's competency must be filed by the provider with the

17  court and with the state attorney, the child's attorney, the

18  department, and the Department of Children and Family

19  Services.

20         (5)(a)(4)  If a child is determined to be incompetent

21  to proceed, the court shall retain jurisdiction of the child

22  for up to 2 years after the date of the order of incompetency,

23  with reviews at least every 6 months to determine competency.

24         (b)  Whenever the provider files a report with the

25  court informing the court that the child will never become

26  competent to proceed, the Department of Children and Family

27  Services will develop a discharge plan for the child prior to

28  any hearing determining whether the child will ever become

29  competent to proceed. The Department of Children and Family

30  Services must send the proposed discharge plan to the court,

31  the state attorney, the child's attorney, and the attorneys

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  1  representing the Department of Juvenile Justice. The provider

  2  will continue to provide services to the child until the court

  3  issues the order finding the child will never become competent

  4  to proceed.

  5         (c)  If the court determines at any time that the child

  6  will never become competent to proceed, the court may dismiss

  7  the delinquency petition. If, at the end of the 2-year period

  8  following the date of the order of incompetency, the child has

  9  not attained competency and there is no evidence that the

10  child will attain competency within a year, the court must

11  dismiss the delinquency petition.  If appropriate necessary,

12  the court may order that proceedings under chapter 393 or

13  chapter 394 be instituted.  Such proceedings must be

14  instituted not less than 60 days prior to the dismissal of the

15  delinquency petition.

16         (6)(a)(5)  If a child who is determined to be mentally

17  ill or retarded and is found to be incompetent to proceed but

18  does not meet the commitment criteria set forth in of

19  subsection (3)(2), the court shall commit the child to the

20  Department of Children and Family Services and shall may order

21  the Department of Children and Family Services to provide

22  appropriate treatment and training in the community. The

23  purpose of the treatment or training is the restoration of the

24  child's competency to proceed.

25         (b)  All court-ordered treatment or training must be

26  the least restrictive alternative that is consistent with

27  public safety. Any placement by the Department of Children and

28  Family Services commitment to a residential program must be

29  separate from adult forensic programs.

30         (c)  If a child is ordered to receive competency

31  restoration such services, the services shall be provided by

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  1  the Department of Children and Family Services. The department

  2  shall continue to provide case management services to the

  3  child and receive notice of the competency status of the

  4  child.

  5         (d)  The service provider must file written report with

  6  the court pursuant to the applicable Florida Rules of Juvenile

  7  Procedure, not later than 6 months after the date of

  8  commitment, at the end of any period of extended treatment or

  9  training, and at any time the service provider determines the

10  child has attained competency or will never attain competency,

11  or at such shorter intervals as ordered by the court. The

12  competency determination must be reviewed at least every 6

13  months by the service provider, and A copy of a written report

14  evaluating the child's competency must be filed by the

15  provider with the court, the state attorney, the child's

16  attorney, and with the Department of Children and Family

17  Services, and the department.

18         (7)(6)  The provisions of this section shall be

19  implemented only subject to specific appropriation.

20         Section 16.  Paragraph (a) of subsection (3) of section

21  985.226, Florida Statutes, is amended to read:

22         985.226  Criteria for waiver of juvenile court

23  jurisdiction; hearing on motion to transfer for prosecution as

24  an adult.--

25         (3)  WAIVER HEARING.--

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

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

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

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

30  before an adjudicatory hearing and after considering the

31  recommendation of the juvenile probation officer intake

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

  2  motion requesting the court to transfer the child for criminal

  3  prosecution.

  4         Section 17.  Paragraph (b) of subsection (3) of section

  5  985.23, Florida Statutes, is amended to read:

  6         985.23  Disposition hearings in delinquency

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

  8  delinquent act, the following procedures shall be applicable

  9  to the disposition of the case:

10         (3)

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

12  department is appropriate, the juvenile probation officer

13  intake counselor or case manager shall recommend to the court

14  the most appropriate placement and treatment plan,

15  specifically identifying the restrictiveness level most

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

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

18  determination shall be given great weight in identifying the

19  most appropriate restrictiveness level for the child.  The

20  court shall consider the department's recommendation in making

21  its commitment decision.

22         Section 18.  Subsection (4) of section 985.301, Florida

23  Statutes, is amended to read:

24         985.301  Civil citation.--

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

26  assignment, complete a work assignment, or comply with

27  assigned intervention services within the prescribed time, or

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

29  law enforcement officer shall issue a report alleging the

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

31  juvenile probation officer an intake counselor or case manager

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  1  shall perform a preliminary determination as provided under s.

  2  985.21(4).

  3         Section 19.  Subsections (4), (5), and (6) of section

  4  985.304, Florida Statutes, are amended to read:

  5         985.304  Community arbitration.--

  6         (4)  PROCEDURE FOR INITIATING CASES FOR COMMUNITY

  7  ARBITRATION.--

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

  9  along with a recommendation for community arbitration, against

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

11  any offense that is eligible for community arbitration. The

12  complaint shall specify the offense and the reasons why the

13  law enforcement officer feels that the offense should be

14  handled by community arbitration. Any juvenile probation

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

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

17  attorney or the court having jurisdiction, with the

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

19  handled by community arbitration when appropriate. A copy of

20  the complaint shall be forwarded to the appropriate juvenile

21  probation officer intake counselor or case manager and the

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

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

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

25  guardian shall be informed of the objectives of the community

26  arbitration process; the conditions, procedures, and

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

28  it is not obligatory. The juvenile probation officer intake

29  counselor shall contact the child and the parent or legal

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

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

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  1  parent or legal custodian or guardian shall inform the

  2  juvenile probation officer intake counselor of the decision to

  3  approve or reject the handling of the complaint through

  4  community arbitration.

  5         (b)  The juvenile probation officer intake counselor

  6  shall verify accurate identification of the child and

  7  determine whether or not the child has any prior adjudications

  8  or adjudications withheld for an offense eligible for

  9  community arbitration for consideration in the point value

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

11  or adjudication withheld for an offense which is not eligible

12  for community arbitration, or if the child has already

13  surpassed the accepted level of points on prior community

14  arbitration resolutions, the juvenile probation officer intake

15  counselor or case manager shall consult with the state

16  attorney regarding the filing of formal juvenile proceedings.

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

18  guardian rejects the handling of the complaint through

19  community arbitration, the juvenile probation officer intake

20  counselor shall consult with the state attorney for the filing

21  of formal juvenile proceedings.

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

23  guardian accepts the handling of the complaint through

24  community arbitration, the juvenile probation officer intake

25  counselor shall provide copies of the complaint to the

26  arbitrator or panel within 24 hours.

27         (e)  The community arbitrator or community arbitration

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

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

30  parent or legal custodian or guardian, the complaining

31

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

  2  hearing.

  3         (5)  HEARINGS.--

  4         (a)  The law enforcement officer who issued the

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

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

  7  community arbitrator or the community arbitration panel a

  8  comprehensive report setting forth the facts and circumstances

  9  surrounding the allegation.

10         (b)  Records and reports submitted by interested

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

12  complaining witnesses and victims, may be received in evidence

13  before the community arbitrator or the community arbitration

14  panel without the necessity of formal proof.

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

16  alleged victim may be received when available.

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

18  appearing before the community arbitrator or the community

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

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

21  against the child either in a subsequent juvenile proceeding

22  or in any subsequent civil or criminal action.

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

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

25  probation officer intake counselor who shall consult with the

26  state attorney regarding the filing of formal juvenile

27  proceedings.

28         (6)  DISPOSITION OF CASES.--

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

30  subsection (5), the community arbitrator or community

31  arbitration panel may:

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  1         1.  Recommend that the state attorney decline to

  2  prosecute the child.

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

  4  and recommend that the state attorney decline to prosecute the

  5  child.

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

  7  nonresidential program.

  8         4.  Refer the child or the family to community

  9  counseling.

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

11  related to delinquent children.

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

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

14  child.

15         7.  Refer the child to a nonprofit organization for

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

17  work by the child.

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

19  involving property damage; however, the amount of restitution

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

21         9.  Continue the case for further investigation.

22         10.  Require the child to undergo urinalysis

23  monitoring.

24         11.  Impose any other restrictions or sanctions that

25  are designed to encourage responsible and acceptable behavior

26  and are agreed upon by the participants of the community

27  arbitration proceedings.

28

29  The community arbitrator or community arbitration panel shall

30  determine an appropriate timeframe in which the disposition

31  must be completed. The community arbitrator or community

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  1  arbitration panel shall report the disposition of the case to

  2  the juvenile probation officer intake counselor or case

  3  manager.

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

  5  pursuant to this section shall periodically report the

  6  progress of the child to the referring community arbitrator or

  7  community arbitration panel in the manner prescribed by such

  8  arbitrator or panel.

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

10  arbitrator or community arbitration panel to a work program

11  related to delinquent children or to a nonprofit organization

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

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

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

15  specifically appropriated or authorized for this purpose;

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

17  exceed the amount of restitution ordered and that such

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

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

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

21  and the community arbitrator or community arbitration panel,

22  agrees to comply with any disposition suggested or ordered by

23  such arbitrator or panel and subsequently fails to abide by

24  the terms of such agreement, the community arbitrator or

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

26  circumstances, forward the case back to the juvenile probation

27  officer intake counselor, who shall consult with the state

28  attorney regarding the filing of formal juvenile proceedings.

29         Section 20.  Subsection (6) of section 985.307, Florida

30  Statutes, is amended to read:

31         985.307  Juvenile assignment centers.--

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  1         (6)  Notwithstanding any provision to the contrary,

  2  this section expires July 1, 2000 1998, unless reenacted by

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

  4  new juvenile assignment center after July 1, 1998, without

  5  further legislative authority. Unless reenacted by the

  6  Legislature, any juvenile assignment center created under this

  7  section may shall be converted to a high-level or

  8  maximum-level residential commitment program or may be

  9  converted to perform the functions of a juvenile assessment

10  center as defined in s. 985.209, subject to availability of

11  funds.

12         Section 21.  Subsection (3) of section 985.31, Florida

13  Statutes, is amended to read:

14         985.31  Serious or habitual juvenile offender.--

15         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

16  TREATMENT.--

17         (a)  Assessment and treatment shall be conducted by

18  treatment professionals with expertise in specific treatment

19  procedures, which professionals shall exercise all

20  professional judgment independently of the department.

21         (b)  Treatment provided to children in designated

22  facilities shall be suited to the assessed needs of each

23  individual child and shall be administered safely and

24  humanely, with respect for human dignity.

25         (c)  The department may promulgate rules for the

26  implementation and operation of programs and facilities for

27  serious or habitual juvenile offenders.

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

29  civil or criminal liability for his or her actions in

30  connection with the assessment, treatment, or transportation

31

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  1  of a serious or habitual juvenile offender under the

  2  provisions of this chapter.

  3         (e)  After a child has been adjudicated delinquent

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

  5  child meets the criteria for a serious or habitual juvenile

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

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

  8  s. 985.231(1) shall apply.

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

10  prosecution, a circuit court judge may direct a juvenile

11  probation officer an intake counselor or case manager to

12  consult with designated staff from an appropriate serious or

13  habitual juvenile offender program for the purpose of making

14  recommendations to the court regarding the child's placement

15  in such program.

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

17  serious or habitual juvenile offender program shall be

18  presented to the court within 72 hours after the adjudication

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

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

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

22  nearest regional detention center or facility or jail.

23         (h)  Based on the recommendations of the

24  multidisciplinary assessment, the juvenile probation officer

25  intake counselor or case manager shall make the following

26  recommendations to the court:

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

28  criminal prosecution, the juvenile probation officer intake

29  counselor or case manager shall recommend whether placement in

30  such program is appropriate and needed.

31

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  1         2.  For each child who has been transferred for

  2  criminal prosecution, the juvenile probation officer intake

  3  counselor or case manager shall recommend whether the most

  4  appropriate placement for the child is a juvenile justice

  5  system program, including a serious or habitual juvenile

  6  offender program or facility, or placement in the adult

  7  correctional system.

  8

  9  If treatment provided by a serious or habitual juvenile

10  offender program or facility is determined to be appropriate

11  and needed and placement is available, the juvenile probation

12  officer intake counselor or case manager and the court shall

13  identify the appropriate serious or habitual juvenile offender

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

15         (i)  The treatment and placement recommendations shall

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

17  paragraph:

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

19  habitual juvenile offender program or facility is

20  inappropriate, the court shall make an alternative disposition

21  pursuant to s. 985.309 or other alternative sentencing as

22  applicable, utilizing the recommendation as a guide.

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

24  habitual juvenile offender program or facility is appropriate,

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

26  in the restrictiveness level designated for serious or

27  habitual delinquent children programs.

28         (j)  The following provisions shall apply to children

29  in serious or habitual juvenile offender programs and

30  facilities:

31

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  1         1.  A child shall begin participation in the reentry

  2  component of the program based upon a determination made by

  3  the treatment provider and approved by the department.

  4         2.  A child shall begin participation in the community

  5  supervision component of aftercare based upon a determination

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

  7  The treatment provider shall give written notice of the

  8  determination to the circuit court having jurisdiction over

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

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

11  component.

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

13  upon a determination made by the treatment provider with the

14  approval of the department.

15         4.  In situations where the department does not agree

16  with the decision of the treatment provider, a reassessment

17  shall be performed, and the department shall utilize the

18  reassessment determination to resolve the disagreement and

19  make a final decision.

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

21  placement in a serious or habitual juvenile offender program

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

23  the time shall not exceed the maximum term of imprisonment

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

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

26  habitual juvenile offender shall not be held under commitment

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

28  985.233 after becoming 21 years of age. This provision shall

29  apply only for the purpose of completing the serious or

30  habitual juvenile offender program pursuant to this chapter

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

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  1         Section 22.  Subsection (3) of section 985.311, Florida

  2  Statutes, is amended to read:

  3         985.311  Intensive residential treatment program for

  4  offenders less than 13 years of age.--

  5         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  6  TREATMENT.--

  7         (a)  Assessment and treatment shall be conducted by

  8  treatment professionals with expertise in specific treatment

  9  procedures, which professionals shall exercise all

10  professional judgment independently of the department.

11         (b)  Treatment provided to children in designated

12  facilities shall be suited to the assessed needs of each

13  individual child and shall be administered safely and

14  humanely, with respect for human dignity.

15         (c)  The department may promulgate rules for the

16  implementation and operation of programs and facilities for

17  children who are eligible for an intensive residential

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

19  The department must involve the following groups in the

20  promulgation of rules for services for this population:  local

21  law enforcement agencies, the judiciary, school board

22  personnel, the office of the state attorney, the office of the

23  public defender, and community service agencies interested in

24  or currently working with juveniles.  When promulgating these

25  rules, the department must consider program principles,

26  components, standards, procedures for intake, diagnostic and

27  assessment activities, treatment modalities, and case

28  management.

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

30  civil or criminal liability for his or her actions in

31  connection with the assessment, treatment, or transportation

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

  2  provisions of this chapter.

  3         (e)  After a child has been adjudicated delinquent

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

  5  the child is eligible for an intensive residential treatment

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

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

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

  9  apply.

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

11  prosecution, a circuit court judge may direct a juvenile

12  probation officer an intake counselor or case manager to

13  consult with designated staff from an appropriate intensive

14  residential treatment program for offenders less than 13 years

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

16  regarding the child's placement in such program.

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

18  intensive residential treatment program for offenders less

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

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

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

22  nearest regional detention center or facility or jail.

23         (h)  Based on the recommendations of the

24  multidisciplinary assessment, the juvenile probation officer

25  intake counselor or case manager shall make the following

26  recommendations to the court:

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

28  criminal prosecution, the juvenile probation officer intake

29  counselor or case manager shall recommend whether placement in

30  such program is appropriate and needed.

31

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  1         2.  For each child who has been transferred for

  2  criminal prosecution, the juvenile probation officer intake

  3  counselor or case manager shall recommend whether the most

  4  appropriate placement for the child is a juvenile justice

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

  6  intensive residential treatment program for offenders less

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

  8  system.

  9

10  If treatment provided by an intensive residential treatment

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

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

13  juvenile probation officer intake counselor or case manager

14  and the court shall identify the appropriate intensive

15  residential treatment program for offenders less than 13 years

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

17         (i)  The treatment and placement recommendations shall

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

19  paragraph:

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

21  residential treatment program for offenders less than 13 years

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

23  disposition pursuant to s. 985.309 or other alternative

24  sentencing as applicable, utilizing the recommendation as a

25  guide.

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

27  residential treatment program for offenders less than 13 years

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

29  department for placement in the restrictiveness level

30  designated for intensive residential treatment program for

31  offenders less than 13 years of age.

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

  2  985.406, Florida Statutes, is amended to read:

  3         985.406  Juvenile justice training academies

  4  established; Juvenile Justice Standards and Training

  5  Commission created; Juvenile Justice Training Trust Fund

  6  created.--

  7         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING

  8  COMMISSION.--

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

10  Justice the Juvenile Justice Standards and Training

11  Commission, hereinafter referred to as the commission. The

12  17-member commission shall consist of the Attorney General or

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

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

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

16  by the Secretary of Juvenile Justice as follows:

17         1.  Seven members shall be juvenile justice

18  professionals:  a superintendent or a direct care staff member

19  from an institution; a director from a contracted

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

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

22  juvenile probation officer supervisor and a juvenile probation

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

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

25  members shall be contract providers.

26         2.  Two members shall be representatives of local law

27  enforcement agencies.

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

29  university and community college program of criminology,

30  criminal justice administration, social work, psychology,

31

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

  2  of juvenile justice program staff.

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

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

  5  state attorney, who has juvenile court experience.

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

  7  public defender, who has juvenile court experience.

  8         7.  One member shall be a representative of the

  9  business community.

10

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

12  years.

13         Section 24.  Paragraph (c) of subsection (1) of section

14  985.412, Florida Statutes, is amended to read:

15         985.412  Quality assurance.--

16         (1)

17         (c)  The department shall:

18         1.  Establish a comprehensive quality assurance system

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

20  provider under contract with the department. Each contract

21  entered into by the department must provide for quality

22  assurance.

23         2.  Provide operational definitions of and criteria for

24  quality assurance for each specific program component.

25         3.  Establish quality assurance goals and objectives

26  for each specific program component.

27         4.  Establish the information and specific data

28  elements required for the quality assurance program.

29         5.  Develop a quality assurance manual of specific,

30  standardized terminology and procedures to be followed by each

31  program.

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  1         6.  Evaluate each program operated by the department or

  2  a provider under a contract with the department and establish

  3  minimum thresholds for each program component. If a provider

  4  fails to meet the established minimum thresholds, such failure

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

  6  unless the provider achieves compliance with minimum

  7  thresholds within 6 months or unless there are documented

  8  extenuating circumstances. In addition, the department may not

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

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

11  meet the established minimum thresholds, the department must

12  take necessary and sufficient steps to ensure and document

13  program changes to achieve compliance with the established

14  minimum thresholds. If the department-operated program fails

15  to achieve compliance with the established minimum thresholds

16  within 6 months and if there are no documented extenuating

17  circumstances, the department must notify the Executive Office

18  of the Governor and the Legislature of the corrective action

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

20  limited to:

21         a.  Contracting out for the services provided in the

22  program;

23         b.  Initiating appropriate disciplinary action against

24  all employees whose conduct or performance is deemed to have

25  materially contributed to the programs failure to meet

26  established minimum thresholds;

27         c.  Redesigning the program; or

28         d.  Realigning the program.

29

30  The department shall submit an annual report to the President

31  of the Senate, the Speaker of the House of Representatives,

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

  2  appropriate substantive and fiscal committees of each house of

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

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

  5  each specific program component:  a comprehensive description

  6  of the population served by the program; a specific

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

  8  comparison of expenditures to federal and state funding;

  9  immediate and long-range concerns; and recommendations to

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

11  component so that changes in services lead to enhancement in

12  program quality. The department department's inspector general

13  shall ensure the reliability and validity of the information

14  contained in the report.

15         Section 25.  For the purpose of incorporating the

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

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

18  Florida Statutes, is reenacted to read:

19         985.315  Vocational/work training programs.--

20         (4)

21         (b)  Evaluations of juvenile work programs shall be

22  conducted according to the following guidelines:

23         1.  Systematic evaluations and quality assurance

24  monitoring shall be implemented, in accordance with ss.

25  985.401(4) and 985.412(1), to determine whether the juvenile

26  vocational work programs are related to successful postrelease

27  adjustments.

28         2.  Operations and policies of work programs shall be

29  reevaluated to determine if they are consistent with their

30  primary objectives.

31

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  1         Section 26.  Paragraph (b) of subsection (3) of section

  2  985.413, Florida Statutes, is amended to read:

  3         985.413  District juvenile justice boards.--

  4         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

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

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

  7  follows:

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

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

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

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

12  members; and Walton County, 1 member.

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

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

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

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

17  County, 1 member; Calhoun County, 1 member; Gulf County, 1

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

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

20  County, 1 member; Jefferson County, 1 member; Madison County,

21  1 member; and Taylor County, 1 member.

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

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

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

25  member; Suwannee County, 1 member; Lafayette County, 1 member;

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

27  County, 1 member; Levy County, 1 member; Union County, 1

28  member; Bradford County, 1 member; Putnam County, 1 member;

29  and Alachua County, 5 members.

30         (IV)  District 4 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: Baker County, 1 member;

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

  3  2 members; and St. Johns County, 1 member.

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

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

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

  7  and Pinellas County, 9 members.

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

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

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

11  members; and Manatee County, 3 members.

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

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

14  the respective counties, as follows: Seminole County, 3

15  members; Orange County, 5 members; Osceola County, 1 member;

16  and Brevard County, 3 members.

17         (VIII)  District 8 is to have a board composed of 12

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

19  the respective counties, as follows: Sarasota County, 3

20  members; DeSoto County, 1 member; Charlotte County, 1 member;

21  Lee County, 3 members; Glades County, 1 member; Hendry County,

22  1 member; and Collier County, 2 members.

23         (IX)  District 9 is to have a board composed of 12

24  members, to be appointed by the juvenile justice council of

25  Palm Beach County.

26         (X)  District 10 is to have a board composed of 12

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

28  Broward County.

29         (XI)  District 11 is to have a juvenile justice board

30  composed of 12 members to be appointed by the juvenile justice

31

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  1  council in the respective counties, as follows:  Dade County,

  2  6 members and Monroe County, 6 members.

  3         (XII)  District 12 is to have a board composed of 12

  4  members, to be appointed by the juvenile justice council of

  5  the respective counties, as follows: Flagler County, 3

  6  members; and Volusia County, 9 members.

  7         (XIII)  District 13 is to have a board composed of 12

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

  9  the respective counties, as follows: Marion County, 4 members;

10  Citrus County, 2 members; Hernando County, 2 members; Sumter

11  County, 1 member; and Lake County, 3 members.

12         (XIV)  District 14 is to have a board composed of 12

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

14  the respective counties, as follows: Polk County, 9 members;

15  Highlands County, 2 members; and Hardee County, 1 member.

16         (XV)  District 15 is to have a board composed of 12

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

18  the respective counties, as follows: Indian River County, 3

19  members; Okeechobee County, 1 member; St. Lucie County, 5

20  members; and Martin County, 3 members.

21

22  The district health and human services board in each district

23  may appoint one of its members to serve as an ex officio

24  member of the district juvenile justice board established

25  under this sub-subparagraph.

26         b.  In any judicial circuit where a juvenile

27  delinquency and gang prevention council exists on the date

28  this act becomes law, and where the circuit and district or

29  subdistrict boundaries are identical, such council shall

30  become the district juvenile justice board, and shall

31

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  1  thereafter have the purposes and exercise the authority and

  2  responsibilities provided in this section.

  3         2.  At any time after the adoption of initial bylaws

  4  pursuant to paragraph (c), a district juvenile justice board

  5  may adopt a bylaw to enlarge the size, by no more than three

  6  members, and composition of the board to adequately reflect

  7  the diversity of the population and community organizations in

  8  the district.

  9         3.  All appointments shall be for 2-year terms.

10  Appointments to fill vacancies created by death, resignation,

11  or removal of a member are for the unexpired term. A member

12  may not serve more than three two full consecutive terms;

13  however, this limitation does not apply in any district in

14  which a juvenile delinquency and gang prevention council that

15  existed on May 7, 1993, became the district juvenile justice

16  board.

17         4.  A member who is absent for three meetings within

18  any 12-month period, without having been excused by the chair,

19  is deemed to have resigned, and the board shall immediately

20  declare the seat vacant.  Members may be suspended or removed

21  for cause by a majority vote of the board members or by the

22  Governor.

23         5.  Members are subject to the provisions of chapter

24  112, part III, Code of Ethics for Public Officers and

25  Employees.

26         (4)  DISTRICT JUVENILE JUSTICE PLAN; PROGRAMS.--

27         (a)  A district juvenile justice plan is authorized in

28  each district or any subdivision of the district authorized by

29  the district juvenile justice board for the purpose of

30  reducing delinquent acts, juvenile arrests, and gang activity.

31  Juvenile justice programs under such plan may be administered

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  1  by the Department of Juvenile Justice; the district school

  2  board; a local law enforcement agency; or any other public or

  3  private entity, in cooperation with appropriate state or local

  4  governmental entities and public and private agencies. A

  5  juvenile justice program under this section may be planned,

  6  implemented, and conducted in  any district pursuant to a

  7  proposal developed and approved as specified in s. 985.415.

  8         Section 27.  Paragraph (b) of subsection (2) of section

  9  985.414, Florida Statutes, is amended to read:

10         985.414  County juvenile justice councils.--

11         (2)

12         (b)  The duties and responsibilities of a county

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

14         1.  Developing a county juvenile justice plan based

15  upon utilization of the resources of law enforcement, the

16  school system, the Department of Juvenile Justice, the

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

18  cooperative and collaborative manner to prevent or discourage

19  juvenile crime and develop meaningful alternatives to school

20  suspensions and expulsions.

21         2.  Entering into a written county interagency

22  agreement specifying the nature and extent of contributions

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

24  county juvenile justice plan and their commitment to the

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

26  interagency agreement to the extent authorized by law. The

27  interagency agreement must include as parties, at a minimum,

28  local school authorities or representatives, local law

29  enforcement agencies, state attorneys, public defenders, and

30  local representatives of the Department of Juvenile Justice

31  and the Department of Children and Family Services. The

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  1  agreement must specify how community entities will cooperate,

  2  collaborate, and share information to achieve the goals of the

  3  county juvenile justice plan.

  4         3.  Applying for and receiving public or private

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

  6  that support one or more components of the county juvenile

  7  justice plan.

  8         4.  Designating the county representatives to the

  9  district juvenile justice board pursuant to s. 985.413.

10         5.  Providing a forum for the presentation of

11  interagency recommendations and the resolution of

12  disagreements relating to the contents of the county

13  interagency agreement or the performance by the parties of

14  their respective obligations under the agreement.

15         6.  Assisting and directing the efforts of local

16  community support organizations and volunteer groups in

17  providing enrichment programs and other support services for

18  clients of local juvenile detention centers.

19         7.  Providing an annual report and recommendations to

20  the district juvenile justice board, the Juvenile Justice

21  Advisory Board, and the district juvenile justice manager.

22         Section 28.  Paragraphs (a) and (b) of subsection (1)

23  of section 985.415, Florida Statutes, are amended to read:

24         985.415  Community Juvenile Justice Partnership

25  Grants.--

26         (1)  GRANTS; CRITERIA.--

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

28  and district juvenile justice plans and the development and

29  implementation of county and district interagency agreements

30  pursuant to ss. 985.413 and 985.414, among representatives of

31  the Department of Juvenile Justice, the Department of Children

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  1  and Family Services, law enforcement, and school authorities,

  2  the community juvenile justice partnership grant program is

  3  established, and which program shall be administered by the

  4  Department of Juvenile Justice.

  5         (b)  The department shall only consider applications

  6  which at a minimum provide for the following:

  7         1.  The participation of the agencies and programs

  8  needed to implement the project or program for which the

  9  applicant is applying local school authorities, local law

10  enforcement, and local representatives of the Department of

11  Juvenile Justice and the Department of Children and Family

12  Services pursuant to a written interagency partnership

13  agreement. Such agreement must specify how community entities

14  will cooperate, collaborate, and share information in

15  furtherance of the goals of the district and county juvenile

16  justice plan; and

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

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

19  of school safety.

20         Section 29.  This act shall take effect upon becoming a

21  law.

22

23

24

25

26

27

28

29

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