House Bill 4833

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    Florida House of Representatives - 1998                HB 4833

        By the Committee on Rules, Resolutions, & Ethics and
    Representatives Thrasher and Crady





  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 20.19, 20.316, 26.012, 27.02,

  4         27.151, 27.52, 39.01, 39.40, 39.403, 39.408,

  5         39.41, 39.452, 39.454, 49.011, 95.11, 228.041,

  6         230.2316, 230.23161, 230.335, 232.17, 232.19,

  7         239.117, 240.235, 240.35, 253.025, 316.003,

  8         316.635, 318.143, 318.21, 397.6758, 397.706,

  9         409.145, 409.1685, 409.2564, 409.803, 415.107,

10         415.5015, 415.503, 415.5086, 415.51, 419.001,

11         743.0645, 744.309, 784.075, 790.22, 790.23,

12         877.22, 921.0012, 921.0022, 938.17, 943.0515,

13         943.0585, 943.059, 944.401, 948.51, 958.04,

14         958.046, 960.001, 984.03, 984.04, 984.05,

15         984.071, 984.10, 984.15, 984.16, 984.20,

16         984.21, 984.22, 984.225, 984.226, 984.23,

17         984.24, 985.03, 985.213, 985.214, 985.218,

18         985.231, and 985.306, F.S., to conform to the

19         directive of the Legislature in section 122 of

20         chapter 97-238, Laws of Florida, to incorporate

21         the reorganization of the content of chapter

22         39, F.S., into chapters 39, 984, and 985, F.S.,

23         as provided in chapter 97-238; correcting

24         cross-references.

25

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

27

28         Section 1.  Paragraph (o) of subsection (7) of section

29  20.19, Florida Statutes, is amended to read:

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  1         20.19  Department of Children and Family

  2  Services.--There is created a Department of Children and

  3  Family Services.

  4         (7)  HEALTH AND HUMAN SERVICES BOARDS.--

  5         (o)  Health and human services boards have the

  6  following responsibilities, with respect to those programs and

  7  services assigned to the districts, as developed jointly with

  8  the district administrator:

  9         1.  Establish district outcome measures consistent with

10  statewide outcomes.

11         2.  Conduct district needs assessments using

12  methodologies consistent with those established by the

13  secretary.

14         3.  Negotiate with the secretary a district performance

15  agreement that:

16         a.  Identifies current resources and services

17  available;

18         b.  Identifies unmet needs and gaps in services;

19         c.  Establishes service and funding priorities;

20         d.  Establishes outcome measures for the district; and

21         e.  Identifies expenditures and the number of clients

22  to be served, by service.

23         4.  Provide budget oversight, including development and

24  approval of the district's legislative budget request.

25         5.  Provide policy oversight, including development and

26  approval of district policies and procedures.

27         6.  Act as a focal point for community participation in

28  department activities such as:

29         a.  Assisting in the integration of all health and

30  social services within the community;

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  1         b.  Assisting in the development of community

  2  resources;

  3         c.  Advocating for community programs and services;

  4         d.  Receiving and addressing concerns of consumers and

  5  others; and

  6         e.  Advising the district administrator on the

  7  administration of service programs throughout the district.

  8         7.  Advise the district administrator on ways to

  9  integrate the delivery of family and health care services at

10  the local level.

11         8.  Make recommendations which would enhance district

12  productivity and efficiency, ensure achievement of performance

13  standards, and assist the district in improving the

14  effectiveness of the services provided.

15         9.  Review contract provider performance reports.

16         10.  Immediately upon appointment of the membership,

17  develop bylaws that clearly identify and describe operating

18  procedures for the board. At a minimum, the bylaws must

19  specify notice requirements for all regular and special

20  meetings of the board, the number of members required to

21  constitute a quorum, and the number of affirmative votes of

22  members present and voting that are required to take official

23  and final action on a matter before the board.

24         11.a.  Determine the board's internal organizational

25  structure, including the designation of standing committees.

26  In order to foster the coordinated and integrated delivery of

27  family services in its community, a local board shall use a

28  committee structure that is based on issues, such as children,

29  housing, transportation, or health care. Each such committee

30  must include consumers, advocates, providers, and department

31  staff from every appropriate program area. In addition, each

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  1  board and district administrator shall jointly identify

  2  community entities, including, but not limited to, the Area

  3  Agency on Aging, and resources outside the department to be

  4  represented on the committees of the board.

  5         b.  The district juvenile justice boards established in

  6  s. 985.413 39.025 constitute the standing committee on issues

  7  relating to planning, funding, or evaluation of programs and

  8  services relating to the juvenile justice continuum.

  9         12.  Participate with the secretary in the selection of

10  a district administrator according to the provisions of

11  paragraph (9)(b).

12         13.  Complete an annual evaluation of the district and

13  review the evaluation at a meeting of the board at which the

14  public has an opportunity to comment.

15         14.  Provide input to the secretary on the annual

16  evaluation of the district administrator. The board may

17  request that the secretary submit a written report on the

18  actions to be taken to address negative aspects of the

19  evaluation. At any time, the board may recommend to the

20  secretary that the district administrator be discharged. Upon

21  receipt of such a recommendation, the secretary shall make a

22  formal reply to the board stating the action to be taken with

23  respect to the board's recommendation.

24         15.  Elect a chair and other officers, as specified in

25  the bylaws, from among the members of the board.

26

27         Reviser's note.--Amended to conform to the

28         transfer of s. 39.025 to s. 985.413 by s. 73,

29         ch. 97-238, Laws of Florida.

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  1         Section 2.  Paragraph (d) of subsection (6) of section

  2  20.316, Florida Statutes, is amended to read:

  3         20.316  Department of Juvenile Justice.--There is

  4  created a Department of Juvenile Justice.

  5         (6)  INFORMATION SYSTEMS.--

  6         (d)  The management information system shall, at a

  7  minimum:

  8         1.  Facilitate case management of juveniles referred to

  9  or placed in the department's custody.

10         2.  Provide timely access to current data and computing

11  capacity to support the outcome evaluation activities of the

12  Juvenile Justice Advisory Board as provided in s. 985.401

13  39.003, legislative oversight, the Juvenile Justice Estimating

14  Conference, and other research.

15         3.  Provide automated support to the quality assurance

16  and program review functions.

17         4.  Provide automated support to the contract

18  management process.

19         5.  Provide automated support to the facility

20  operations management process.

21         6.  Provide automated administrative support to

22  increase efficiency, provide the capability of tracking

23  expenditures of funds by the department or contracted service

24  providers that are eligible for federal reimbursement, and

25  reduce forms and paperwork.

26         7.  Facilitate connectivity, access, and utilization of

27  information among various state agencies, and other state,

28  federal, local, and private agencies, organizations, and

29  institutions.

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  1         8.  Provide electronic public access to juvenile

  2  justice information, which is not otherwise made confidential

  3  by law or exempt from the provisions of s. 119.07(1).

  4         9.  Provide a system for the training of information

  5  system users and user groups.

  6

  7         Reviser's note.--Amended to conform to the

  8         transfer of s. 39.003 to s. 985.401 by s. 61,

  9         ch. 97-238, Laws of Florida.

10

11

12         Section 3.  Paragraph (c) of subsection (2) of section

13  26.012, Florida Statutes, is amended to read:

14         26.012  Jurisdiction of circuit court.--

15         (2)  They shall have exclusive original jurisdiction:

16         (c)  In all cases in equity including all cases

17  relating to juveniles except traffic offenses as provided in

18  chapters 39 and 316 and 985;

19

20         Reviser's note.--Amended to conform to the

21         legislative directive in s. 122, ch. 97-238,

22         Laws of Florida.

23

24

25         Section 4.  Section 27.02, Florida Statutes, is amended

26  to read:

27         27.02  Duties before court.--The state attorney shall

28  appear in the circuit and county courts within his or her

29  judicial circuit and prosecute or defend on behalf of the

30  state all suits, applications, or motions, civil or criminal,

31  in which the state is a party, except as provided in chapters

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  1  39, 984, and 985 chapter 39.  The intake procedures of

  2  chapters 39, 984, and 985 chapter 39 shall apply as provided

  3  therein.

  4

  5         Reviser's note.--Amended to conform to the

  6         legislative directive in s. 122, ch. 97-238,

  7         Laws of Florida.

  8

  9

10         Section 5.  Subsection (3) of section 27.151, Florida

11  Statutes, is amended to read:

12         27.151  Confidentiality of specified executive orders;

13  criteria.--

14         (3)  To maintain the confidentiality of the executive

15  order, the state attorney, upon entering the circuit of

16  assignment, shall immediately have the executive order sealed

17  by the court prior to filing it with the clerk of the circuit

18  court. The Governor may make public any executive order issued

19  pursuant to s. 27.14 or s. 27.15 by a subsequent executive

20  order, and at the expiration of a confidential executive order

21  or any extensions thereof, the executive order and all

22  associated orders and reports shall be open to the public

23  pursuant to chapter 119 unless the information contained in

24  the executive order is confidential pursuant to the provisions

25  of chapter 39, chapter 415, chapter 984, or chapter 985 or

26  chapter 415.

27

28         Reviser's note.--Amended to conform to the

29         legislative directive in s. 122, ch. 97-238,

30         Laws of Florida.

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  1         Section 6.  Paragraph (d) of subsection (2) of section

  2  27.52, Florida Statutes, is amended to read:

  3         27.52  Determination of indigency.--

  4         (2)

  5         (d)  A nonindigent parent or legal guardian of an

  6  accused minor or an accused adult tax-dependent person shall

  7  furnish the minor or dependent person with the necessary legal

  8  services and costs incident to a delinquency proceeding or,

  9  upon transfer of such person for criminal prosecution as an

10  adult pursuant to chapter 985 s. 39.052, a criminal

11  prosecution, in which the person has a right to legal counsel

12  under the Constitution of the United States or the

13  Constitution of the State of Florida.  The failure of a parent

14  or legal guardian to furnish legal services and costs under

15  this section does not bar the appointment of legal counsel

16  pursuant to s. 27.53.  When the public defender, a special

17  assistant public defender appointed pursuant to s. 27.53(2),

18  or appointed private legal counsel is appointed to represent

19  an accused minor or an accused adult tax-dependent person in

20  any proceeding in circuit court or in a criminal proceeding in

21  any other court, the parents or the legal guardian shall be

22  liable for the fees and costs of such representation even if

23  the person is a minor being tried as an adult. Liability for

24  the costs of such representation may be imposed in the form of

25  a lien against the property of the nonindigent parents or

26  legal guardian of the accused minor or accused adult

27  tax-dependent person, which lien is enforceable as provided in

28  s. 27.561 or s. 938.29.  The court shall determine the amount

29  of the obligation; and, in determining the amount of the

30  obligation, the court shall follow the procedure outlined by

31  this section.

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  1         Reviser's note.--Amended to conform to the

  2         legislative directive in s. 122, ch. 97-238,

  3         Laws of Florida.

  4

  5

  6         Section 7.  Subsection (37) of section 39.01, Florida

  7  Statutes, is amended to read:

  8         39.01  Definitions.--When used in this chapter:

  9         (37)  "Parent" means a woman who gives birth to a child

10  and a man whose consent to the adoption of the child would be

11  required under s. 63.062(1)(b). If a child has been legally

12  adopted, the term "parent" means the adoptive mother or father

13  of the child. The term does not include an individual whose

14  parental relationship to the child has been legally

15  terminated, or an alleged or prospective parent, unless the

16  parental status falls within the terms of either s. 39.4051(1)

17  39.4051(7) or s. 63.062(1)(b).

18

19         Reviser's note.--Amended to conform to the

20         reference to parental status in s. 39.4051(1);

21         s. 39.4051(7) relates to release of

22         information.

23

24

25         Section 8.  Subsection (2) of section 39.40, Florida

26  Statutes, is amended to read:

27         39.40  Procedures and jurisdiction.--

28         (2)  The circuit court shall have exclusive original

29  jurisdiction of all proceedings under this part and parts III

30  and, IV, V, and VI of this chapter, of a child voluntarily

31  placed with a licensed child-caring agency, a licensed

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  1  child-placing agency, or the department. Jurisdiction attaches

  2  when the initial shelter petition, dependency petition, or

  3  termination petition is filed or when a child is taken into

  4  the custody of the department. The circuit court may assume

  5  jurisdiction over any such proceeding regardless of whether

  6  the child was in the physical custody of both parents, was in

  7  the sole legal or physical custody of only one parent or of

  8  some other person, or was in the physical or legal custody of

  9  no person when the event or condition occurred that brought

10  the child to the attention of the court. When the jurisdiction

11  of any child who has been found to be dependent is obtained,

12  the court shall retain jurisdiction, unless relinquished by

13  its order, until the child reaches 18 years of age.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of parts III, V, and VI of

17         chapter 39 as parts II, III, and IV,

18         respectively, necessitated by the repeal and

19         transfer of the provisions of former parts II

20         and IV by ch. 97-238, Laws of Florida.

21

22

23         Section 9.  Subsection (1) of section 39.403, Florida

24  Statutes, is amended to read:

25         39.403  Protective investigation.--

26         (1)  Protective investigation shall be performed by the

27  department.  A report or complaint alleging that a child is

28  dependent as a result of child abuse or neglect as defined in

29  s. 415.503 shall be made to the central abuse hotline registry

30  and tracking system.  Complaints alleging that a child is

31  dependent on any basis other than as a result of child abuse

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  1  or neglect as defined in s. 415.503 shall be made to the local

  2  children, youth, and families office of the department

  3  operating in the county in which the child is found or in

  4  which the case arose.  Any person or agency having knowledge

  5  of the facts may make a report or complaint.  The complainant

  6  shall furnish the protective investigation office or the

  7  appropriate service unit of the local children, youth, and

  8  families office of the department, whichever is appropriate,

  9  facts sufficient to establish the jurisdiction of the court

10  and to support a finding by the court that the child is

11  dependent.

12

13         Reviser's note.--Amended to conform to s. 43,

14         ch. 95-228, Laws of Florida, which redesignated

15         the "central abuse registry and tracking

16         system" as the "central abuse hotline" in s.

17         415.503.

18

19

20         Section 10.  Paragraph (a) of subsection (1) of section

21  39.408, Florida Statutes, is amended to read:

22         39.408  Hearings for dependency cases.--

23         (1)  ARRAIGNMENT HEARING.--

24         (a)  When a child has been detained by order of the

25  court, an arraignment hearing must be held, within 14 days

26  from the date the child is taken into custody, for the parent,

27  guardian, or custodian to admit, deny, or consent to findings

28  of dependency alleged in the petition. If the parent,

29  guardian, or custodian admits or consents to the findings in

30  the petition, the court shall proceed as set forth in the

31  Florida Rules of Juvenile Procedure. However, if the parent,

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  1  guardian, or custodian denies any of the allegations of the

  2  petition, the court shall hold an adjudicatory hearing within

  3  7 days from the date of the arraignment hearing unless a

  4  continuance is granted pursuant to s. 39.402(10) 39.402(11).

  5

  6         Reviser's note.--Amended to conform to the

  7         redesignation of s. 39.402(11) as s. 39.402(10)

  8         by s. 7, ch. 95-228, Laws of Florida.

  9

10

11         Section 11.  Paragraph (a) of subsection (2) and

12  subsection (8) of section 39.41, Florida Statutes, are amended

13  to read:

14         39.41  Powers of disposition.--

15         (2)(a)  When any child is adjudicated by a court to be

16  dependent, the court having jurisdiction of the child has the

17  power, by order, to:

18         1.  Require the parent, guardian, or custodian, and the

19  child when appropriate to participate in treatment and

20  services identified as necessary.

21         2.  Require the parent, guardian, or custodian, and the

22  child when appropriate to participate in mediation if the

23  parent, guardian, or custodian refused to participate in

24  mediation under s. 39.4033.

25         3.  Place the child under the protective supervision of

26  an authorized agent of the department, either in the child's

27  own home or, the prospective custodian being willing, in the

28  home of a relative of the child or of an adult nonrelative

29  approved by the court, or in some other suitable place under

30  such reasonable conditions as the court may direct. Whenever

31  the child is placed under protective supervision pursuant to

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  1  this section, the department shall prepare a case plan and

  2  shall file it with the court. Protective supervision continues

  3  until the court terminates it or until the child reaches the

  4  age of 18, whichever date is first.  Protective supervision

  5  may be terminated by the court whenever the court determines

  6  that the child's placement, whether with a parent, another

  7  relative, or a nonrelative, is stable and that protective

  8  supervision is no longer needed.  The termination of

  9  supervision may be with or without retaining jurisdiction, at

10  the court's discretion, and shall in either case be considered

11  a permanency option for the child.  The order terminating

12  supervision by the Department of Children and Family Services

13  shall set forth the powers of the custodian of the child and

14  shall include the powers ordinarily granted to a guardian of

15  the person of a minor unless otherwise specified.

16         4.  Place the child in the temporary legal custody of

17  an adult relative or an adult nonrelative approved by the

18  court who is willing to care for the child.

19         5.a.  When the parents have failed to comply with a

20  case plan and the court determines at a judicial review

21  hearing held pursuant to s. 39.453, or at a hearing held

22  pursuant to subparagraph (2)(a)9. (1)(a)7. of this section,

23  that neither reunification, termination of parental rights,

24  nor adoption is in the best interest of the child, the court

25  may place the child in the long-term custody of an adult

26  relative or adult nonrelative approved by the court willing to

27  care for the child, if the following conditions are met:

28         (I)  A case plan describing the responsibilities of the

29  relative or nonrelative, the department, and any other party

30  must have been submitted to the court.

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  1         (II)  The case plan for the child does not include

  2  reunification with the parents or adoption by the relative.

  3         (III)  The child and the relative or nonrelative

  4  custodian are determined not to need protective supervision or

  5  preventive services to ensure the stability of the long-term

  6  custodial relationship, or the department assures the court

  7  that protective supervision or preventive services will be

  8  provided in order to ensure the stability of the long-term

  9  custodial relationship.

10         (IV)  Each party to the proceeding agrees that a

11  long-term custodial relationship does not preclude the

12  possibility of the child returning to the custody of the

13  parent at a later date.

14         (V)  The court has considered the reasonable preference

15  of the child if the court has found the child to be of

16  sufficient intelligence, understanding, and experience to

17  express a preference.

18         b.  The court shall retain jurisdiction over the case,

19  and the child shall remain in the long-term custody of the

20  relative or nonrelative approved by the court until the order

21  creating the long-term custodial relationship is modified by

22  the court. The court may relieve the department of the

23  responsibility for supervising the placement of the child

24  whenever the court determines that the placement is stable and

25  that such supervision is no longer needed.  Notwithstanding

26  the retention of jurisdiction, the placement shall be

27  considered a permanency option for the child when the court

28  relieves the department of the responsibility for supervising

29  the placement.  The order terminating supervision by the

30  Department of Children and Family Services shall set forth the

31  powers of the custodian of the child and shall include the

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  1  powers ordinarily granted to a guardian of the person of a

  2  minor unless otherwise specified.  The court may modify the

  3  order terminating supervision of the long-term relative or

  4  nonrelative placement if it finds that a party to the

  5  proceeding has shown a material change in circumstances which

  6  causes the long-term relative or nonrelative placement to be

  7  no longer in the best interest of the child.

  8         6.a.  Approve placement of the child in long-term

  9  foster care, when the following conditions are met:

10         (I)  The foster child is 16 years of age or older,

11  unless the court determines that the history or condition of a

12  younger child makes long-term foster care the most appropriate

13  placement.

14         (II)  The child demonstrates no desire to be placed in

15  an independent living arrangement pursuant to this subsection.

16         (III)  The department's social services study pursuant

17  to s. 39.453(6)(a) recommends long-term foster care.

18         b.  Long-term foster care under the above conditions

19  shall not be considered a permanency option.

20         c.  The court may approve placement of the child in

21  long-term foster care, as a permanency option, when all of the

22  following conditions are met:

23         (I)  The child is 14 years of age or older,

24         (II)  The child is living in a licensed home and the

25  foster parents desire to provide care for the child on a

26  permanent basis and the foster parents and the child do not

27  desire adoption,

28         (III)  The foster family has made a commitment to

29  provide for the child until he or she reaches the age of

30  majority and to prepare the child for adulthood and

31  independence, and

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  1         (IV)  The child has remained in the home for a

  2  continuous period of no less than 12 months.

  3         (V)  The foster parents and the child view one another

  4  as family and consider living together as the best place for

  5  the child to be on a permanent basis.

  6         (VI)  The department's social services study recommends

  7  such placement and finds the child's well-being has been

  8  promoted through living with the foster parents.

  9         d.  Notwithstanding the retention of jurisdiction and

10  supervision by the department, long-term foster care

11  placements made pursuant to sub-subparagraph (2)(a)6.c. of

12  this section shall be considered a permanency option for the

13  child.  For purposes of this subsection, supervision by the

14  department shall be defined as a minimum of semiannual visits.

15  The order placing the child in long-term foster care as a

16  permanency option shall set forth the powers of the custodian

17  of the child and shall include the powers ordinarily granted

18  to a guardian of the person of a minor unless otherwise

19  specified.  The court may modify the permanency option of

20  long-term foster care if it finds that a party to the

21  proceeding has shown a material change in circumstances which

22  causes the placement to be no longer in the best interests of

23  the child.

24         7.  Commit the child to a licensed child-caring agency

25  willing to receive the child. Continued commitment to the

26  licensed child-caring agency, as well as all other proceedings

27  under this section pertaining to the child, are also governed

28  by part III V of this chapter.

29         8.  Commit the child to the temporary legal custody of

30  the department. Such commitment invests in the department all

31  rights and responsibilities of a legal custodian. The

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  1  department shall not return any child to the physical care and

  2  custody of the person from whom the child was removed, except

  3  for short visitation periods, without the approval of the

  4  court. The term of such commitment continues until terminated

  5  by the court or until the child reaches the age of 18. After

  6  the child is committed to the temporary custody of the

  7  department, all further proceedings under this section are

  8  also governed by part III V of this chapter.

  9         9.a.  Change the temporary legal custody or the

10  conditions of protective supervision at a postdisposition

11  hearing subsequent to the initial detention hearing, without

12  the necessity of another adjudicatory hearing. A child who has

13  been placed in the child's own home under the protective

14  supervision of an authorized agent of the department, in the

15  home of a relative, in the home of a nonrelative, or in some

16  other place may be brought before the court by the agent of

17  the department who is supervising the placement or by any

18  other interested person, upon the filing of a petition

19  alleging a need for a change in the conditions of protective

20  supervision or the placement. If the parents or other

21  custodians deny the need for a change, the court shall hear

22  all parties in person or by counsel, or both. Upon the

23  admission of a need for a change or after such hearing, the

24  court shall enter an order changing the placement, modifying

25  the conditions of protective supervision, or continuing the

26  conditions of protective supervision as ordered.

27         b.  In cases where the issue before the court is

28  whether a child should be reunited with a parent, the court

29  shall determine whether the parent has substantially complied

30  with the terms of the case plan to the extent that the

31

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  1  well-being and safety of the child is not endangered by the

  2  return of the child to the home.

  3         10.  Approve placement of the child in an independent

  4  living arrangement for any foster child 16 years of age or

  5  older, if it can be clearly established that this type of

  6  alternate care arrangement is the most appropriate plan and

  7  that the safety and welfare of the child will not be

  8  jeopardized by such an arrangement. While in independent

  9  living situations, children whose legal custody has been

10  awarded to the department or a licensed child-caring or

11  child-placing agency, or who have been voluntarily placed with

12  such an agency by a parent, guardian, relative, or adult

13  nonrelative approved by the court, continue to be subject to

14  the court review provisions of s. 39.453.

15         (8)  With respect to a child who is the subject in

16  proceedings under part III V of this chapter, the court shall

17  return the child to the custody of the natural parents upon

18  expiration of the case plan or sooner if the parents have

19  substantially complied with the case plan.

20

21         Reviser's note.--Subparagraph (2)(a)5. is

22         amended to conform to the redesignation of

23         subparagraph (1)(a)7. as subparagraph (2)(a)9.

24         by s. 13, ch. 94-164, Laws of Florida.

25         Subparagraphs (2)(a)7. and (2)(a)8. and

26         subsection (8) are amended to conform to the

27         redesignation of part V of chapter 39 as part

28         III necessitated by the repeal and transfer of

29         the provisions of former parts II and IV by ch.

30         97-238, Laws of Florida.

31

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

  2  39.452, Florida Statutes, is amended to read:

  3         39.452  Case planning when parents do not participate

  4  and the child is in foster care.--

  5         (4)

  6         (b)  Before the filing of the plan, the department

  7  shall advise each parent, both orally and in writing, that the

  8  failure of the parents to substantially comply with a plan

  9  which has reunification as its primary goal may result in the

10  termination of parental rights, but only after notice and

11  hearing as provided in part IV VI. If, after the plan has been

12  submitted to the court, an absent parent is located, the

13  department shall advise the parent, both orally and in

14  writing, that the failure of the parents to substantially

15  comply with a plan which has reunification as its goal may

16  result in termination of parental rights, but only after

17  notice and hearing as provided in part IV VI. Proof of written

18  notification must be filed with the court.

19

20         Reviser's note.--Amended to conform to the

21         redesignation of part VI of chapter 39 as part

22         IV necessitated by the repeal and transfer of

23         the provisions of former parts II and IV by ch.

24         97-238, Laws of Florida.

25

26

27         Section 13.  Subsection (2) of section 39.454, Florida

28  Statutes, is amended to read:

29         39.454  Initiation of termination of parental rights

30  proceedings.--

31

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  1         (2)  If, at the time of the 18-month judicial review

  2  hearing, a child is not returned to the physical custody of

  3  the natural parents, the social service agency shall initiate

  4  termination of parental rights proceedings under part IV VI of

  5  this chapter within 30 days. Only if the court finds that the

  6  situation of the child is so extraordinary and that the best

  7  interests of the child will be met by such action at the time

  8  of the judicial review may the case plan be extended. If the

  9  court decides to extend the plan, the court shall enter

10  detailed findings justifying the decision to extend, as well

11  as the length of the extension. Failure to initiate

12  termination of parental rights proceedings at the time of the

13  18-month judicial review or within 30 days after such review

14  does not prohibit initiating termination of parental rights

15  proceedings at any other time.

16

17         Reviser's note.--Amended to conform to the

18         redesignation of part VI of chapter 39 as part

19         IV necessitated by the repeal and transfer of

20         the provisions of former parts II and IV by ch.

21         97-238, Laws of Florida.

22

23

24         Section 14.  Subsection (13) of section 49.011, Florida

25  Statutes, is amended to read:

26         49.011  Service of process by publication; cases in

27  which allowed.--Service of process by publication may be made

28  in any court on any person mentioned in s. 49.021 in any

29  action or proceeding:

30         (13)  For termination of parental rights pursuant to

31  part IV VI of chapter 39.

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of former part VI of chapter 39

  3         necessitated by the repeal or transfer of the

  4         provisions of former parts II and IV by ch.

  5         97-238, Laws of Florida.

  6

  7

  8         Section 15.  Subsection (7) of section 95.11, Florida

  9  Statutes, is amended to read:

10         95.11  Limitations other than for the recovery of real

11  property.--Actions other than for recovery of real property

12  shall be commenced as follows:

13         (7)  FOR INTENTIONAL TORTS BASED ON ABUSE.--An action

14  founded on alleged abuse, as defined in s. 39.01, or s.

15  415.102, or s. 984.03, or incest, as defined in s. 826.04, may

16  be commenced at any time within 7 years after the age of

17  majority, or within 4 years after the injured person leaves

18  the dependency of the abuser, or within 4 years from the time

19  of discovery by the injured party of both the injury and the

20  causal relationship between the injury and the abuse,

21  whichever occurs later.

22

23         Reviser's note.--Amended to conform to the

24         legislative directive in s. 122, ch. 97-238,

25         Laws of Florida.

26

27

28         Section 16.  Subsection (28) of section 228.041,

29  Florida Statutes, is amended to read:

30

31

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  1         228.041  Definitions.--Specific definitions shall be as

  2  follows, and wherever such defined words or terms are used in

  3  the Florida School Code, they shall be used as follows:

  4         (28)  HABITUAL TRUANT.--A habitual truant is a student

  5  who has 15 unexcused absences within 90 calendar days with or

  6  without the knowledge or consent of the student's parent or

  7  legal guardian, is subject to compulsory school attendance

  8  under s. 232.01, and is not exempt under s. 232.06 or s.

  9  232.09, or by meeting the criteria for any other exemption

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

11  Such a student must have been the subject of the activities

12  specified in ss. 232.17 and 232.19, without resultant

13  successful remediation of the truancy problem before being

14  dealt with as a child in need of services according to the

15  provisions of chapter 984 39.

16

17         Reviser's note.--Amended to conform to the

18         transfer of provisions of former part IV of

19         chapter 39, relating to children in need of

20         services, to chapter 984 by ch. 97-238, Laws of

21         Florida.

22

23

24         Section 17.  Paragraphs (c) and (d) of subsection (3)

25  of section 230.2316, Florida Statutes, are amended to read:

26         230.2316  Dropout prevention.--

27         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

28         (c)  A student shall be identified as being a potential

29  dropout based upon one of the following criteria:

30         1.  The student has shown a lack of motivation in

31  school through grades which are not commensurate with

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  1  documented ability levels or high absenteeism or habitual

  2  truancy as defined in s. 228.041(28).

  3         2.  The student has not been successful in school as

  4  determined by retentions, failing grades, or low achievement

  5  test scores and has needs and interests that cannot be met

  6  through traditional programs.

  7         3.  The student has been identified as a potential

  8  school dropout by student services personnel using district

  9  criteria. District criteria that are used as a basis for

10  student referral to an educational alternatives program shall

11  identify specific student performance indicators that the

12  educational alternative program seeks to address.

13         4.  The student has documented drug-related or

14  alcohol-related problems, or has immediate family members with

15  documented drug-related or alcohol-related problems that

16  adversely affect the student's performance in school.

17         5.  The student has a history of disruptive behavior in

18  school or has committed an offense that warrants out-of-school

19  suspension or expulsion from school according to the district

20  code of student conduct. For the purposes of this program,

21  "disruptive behavior" is behavior that:

22         a.  Interferes with the student's own learning or the

23  educational process of others and requires attention and

24  assistance beyond that which the traditional program can

25  provide or results in frequent conflicts of a disruptive

26  nature while the student is under the jurisdiction of the

27  school either in or out of the classroom; or

28         b.  Severely threatens the general welfare of students

29  or others with whom the student comes into contact.

30         6.  The student is assigned to a program provided

31  pursuant to chapter 39, chapter 984, or chapter 985 which is

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  1  sponsored by a state-based or community-based agency or is

  2  operated or contracted for by the Department of Children and

  3  Family Services or the Department of Juvenile Justice.

  4         (d)1.  "Second chance schools" means school district

  5  programs provided through cooperative agreements between the

  6  Department of Juvenile Justice, private providers, state or

  7  local law enforcement agencies, or other state agencies for

  8  students who have been disruptive or violent or who have

  9  committed serious offenses.  As partnership programs, second

10  chance schools are eligible for waivers by the Commissioner of

11  Education from chapters 230-235 and 239 and State Board of

12  Education rules that prevent the provision of appropriate

13  educational services to violent, severely disruptive, or

14  delinquent students in small nontraditional settings or in

15  court-adjudicated settings.

16         2.  A student enrolled in a sixth, seventh, eighth,

17  ninth, or tenth grade class may be assigned to a second chance

18  school if the student meets the following criteria:

19         a.  The student is a habitual truant as defined in s.

20  228.041(28).

21         b.  The student's excessive absences have detrimentally

22  affected the student's academic progress and the student may

23  have unique needs that a traditional school setting may not

24  meet.

25         c.  The student's high incidences of truancy have been

26  directly linked to a lack of motivation.

27         d.  The student has been identified as at risk of

28  dropping out of school.

29         3.  A student who is habitually truant may be assigned

30  to a second chance school only if the case staffing committee,

31  established pursuant to s. 984.12 39.426, determines that such

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  1  placement could be beneficial to the student and the criteria

  2  included in subparagraph 2. are met.

  3         4.  A student may be assigned to a second chance school

  4  if the school district in which the student resides has a

  5  second chance school and if the student meets one of the

  6  following criteria:

  7         a.  The student habitually exhibits disruptive behavior

  8  in violation of the code of student conduct adopted by the

  9  school board.

10         b.  The student interferes with the student's own

11  learning or the educational process of others and requires

12  attention and assistance beyond that which the traditional

13  program can provide, or, while the student is under the

14  jurisdiction of the school either in or out of the classroom,

15  frequent conflicts of a disruptive nature occur.

16         c.  The student has committed a serious offense which

17  warrants suspension or expulsion from school according to the

18  district code of student conduct.  For the purposes of this

19  program, "serious offense" is behavior which:

20         (I)  Threatens the general welfare of students or

21  others with whom the student comes into contact;

22         (II)  Includes violence;

23         (III)  Includes possession of weapons or drugs; or

24         (IV)  Is harassment or verbal abuse of school personnel

25  or other students.

26         5.  Prior to assignment of students to second chance

27  schools, school boards are encouraged to use alternative

28  programs, such as in-school suspension, which provide

29  instruction and counseling leading to improved student

30  behavior, a reduction in the incidence of truancy, and the

31  development of more effective interpersonal skills.

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  1         6.  Students assigned to second chance schools must be

  2  evaluated by the school's local child study team before

  3  placement in a second chance school.  The study team shall

  4  ensure that students are not eligible for placement in a

  5  program for emotionally disturbed children.

  6         7.  Students who exhibit academic and social progress

  7  and who wish to return to a traditional school shall be

  8  evaluated by school district personnel prior to reentering a

  9  traditional school.

10         8.  Second chance schools shall be funded at the

11  dropout prevention program weight pursuant to s. 236.081 and

12  may receive school safety funds or other funds as appropriate.

13

14         Reviser's note.--Paragraph (3)(c) is amended to

15         conform to the legislative directive in s. 122,

16         ch. 97-238, Laws of Florida.  Paragraph (3)(d)

17         is amended to conform to the transfer of s.

18         39.426 to s. 984.12 by s. 98, ch. 97-238.

19

20

21         Section 18.  Subsections (1) and (15) of section

22  230.23161, Florida Statutes, are amended to read:

23         230.23161  Educational services in Department of

24  Juvenile Justice programs.--

25         (1)  Students participating in a detention, commitment,

26  or rehabilitation program pursuant to chapter 985 39 which is

27  sponsored by a community-based agency or is operated or

28  contracted for by the Department of Juvenile Justice shall

29  receive educational programs according to rules of the State

30  Board of Education. These students shall be eligible for

31  services afforded to students enrolled in programs pursuant to

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  1  s. 230.2316 and all corresponding State Board of Education

  2  rules.

  3         (15)  Department of Juvenile Justice detention and

  4  commitment programs may be designated as second chance schools

  5  pursuant to s. 230.2316(3)(d). Admission to such programs

  6  shall be governed by chapter 985 part II of chapter 39.

  7

  8         Reviser's note.--Amended to conform to the

  9         legislative directive in s. 122, ch. 97-238,

10         Laws of Florida.

11

12

13         Section 19.  Subsection (1) of section 230.335, Florida

14  Statutes, is amended to read:

15         230.335  Notification of superintendent of certain

16  charges against or convictions of students or employees.--

17         (1)(a)  Notwithstanding the provisions of s. 985.04(4)

18  39.045(8) or any other provision of law to the contrary, a law

19  enforcement agency shall, within 48 hours, notify the

20  appropriate superintendent of schools of the name and address

21  of any employee of the school district who is charged with a

22  felony or with a misdemeanor involving the abuse of a minor

23  child or the sale or possession of a controlled substance. The

24  notification shall include the specific charge for which the

25  employee of the school district was arrested. Such

26  notification shall include other education providers such as

27  the Florida School for the Deaf and the Blind, university

28  developmental research schools, and private elementary and

29  secondary schools.

30         (b)  Notwithstanding the provisions of s. 985.04(4)

31  39.045(8) or any other provision of law to the contrary, the

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  1  court shall, within 48 hours of the finding, notify the

  2  appropriate superintendent of schools of the name and address

  3  of any student found to have committed a delinquent act, or

  4  who has had adjudication of a delinquent act withheld which,

  5  if committed by an adult, would be a felony, or the name and

  6  address of any student found guilty of a felony. Notification

  7  shall include the specific delinquent act found to have been

  8  committed or for which adjudication was withheld, or the

  9  specific felony for which the student was found guilty.

10

11         Reviser's note.--Amended to conform to the

12         transfer of s. 39.045(8) to s. 985.04(4) by s.

13         4, ch. 97-238, Laws of Florida.

14

15

16         Section 20.  Subsection (2) of section 232.17, Florida

17  Statutes, is amended to read:

18         232.17  Enforcement of school attendance.--Pursuant to

19  procedures established by the district school board, a

20  designated school representative must complete activities

21  designed to determine the cause and attempt the remediation of

22  truant behavior, as provided in this section.

23         (2)  GIVE WRITTEN NOTICE.--Under the direction of the

24  superintendent, a designated school representative shall give

25  written notice, in person or by return-receipt mail, to the

26  parent, guardian, or other person having control when no valid

27  reason is found for a child's nonenrollment in school or when

28  the child has a minimum of 3 but fewer than 6 unexcused

29  absences within 90 calendar days, requiring enrollment or

30  attendance within 3 days after the date of notice. If the

31  notice and requirement are ignored, the designated school

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  1  representative shall report the case to the superintendent,

  2  and may refer the case to the case staffing committee,

  3  established pursuant to s. 984.12 39.426, if the conditions of

  4  s. 232.19(3) have been met.  The superintendent may take such

  5  steps as are necessary to bring criminal prosecution against

  6  the parent, guardian, or other person having control.

  7

  8         Reviser's note.--Amended to conform to the

  9         transfer of s. 39.426 to s. 984.12 by s. 98,

10         ch. 97-238, Laws of Florida.

11

12

13         Section 21.  Subsection (3) of section 232.19, Florida

14  Statutes, is amended to read:

15         232.19  Court procedure and penalties.--The court

16  procedure and penalties for the enforcement of the provisions

17  of this chapter, relating to compulsory school attendance,

18  shall be as follows:

19         (3)  HABITUAL TRUANCY CASES.--In accordance with

20  procedures established by the district school board, the

21  designated school representative shall refer a student who is

22  habitually truant and the student's family to the

23  children-in-need-of-services and families-in-need-of-services

24  provider or the case staffing committee, established pursuant

25  to s. 984.12 39.426, as determined by the cooperative

26  agreement required in this section.  The case staffing

27  committee may request the Department of Juvenile Justice or

28  its designee to file a child-in-need-of-services petition

29  based upon the report and efforts of the school district or

30  other community agency or may seek to resolve the truant

31  behavior through the school or community-based organizations

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  1  or agencies. Prior to and subsequent to the filing of a

  2  child-in-need-of-services petition due to habitual truancy,

  3  the appropriate governmental agencies must allow a reasonable

  4  time to complete actions required by this subsection to remedy

  5  the conditions leading to the truant behavior. The following

  6  criteria must be met and documented in writing prior to the

  7  filing of a petition:

  8         (a)  The child must have 15 unexcused absences within

  9  90 calendar days with or without the knowledge or consent of

10  the child's parent or legal guardian, must be subject to

11  compulsory school attendance, and must not be exempt under s.

12  232.06, s. 232.09, or any other exemption specified by law or

13  the rules of the State Board of Education.

14         (b)  In addition to the actions described in s. 232.17,

15  the school administration must have completed the following

16  activities to determine the cause, and to attempt the

17  remediation, of the child's truant behavior:

18         1.  After a minimum of 3 and prior to 6 unexcused

19  absences within 90 calendar days, one or more meetings must

20  have been held, either in person or by phone, between a

21  designated school representative, the child's parent or

22  guardian, and the child, if necessary, to report and to

23  attempt to solve the truancy problem. However, if the

24  designated school representative has documented the refusal of

25  the parent or guardian to participate in the meetings, this

26  requirement has been met.

27         2.  Educational counseling must have been provided to

28  determine whether curriculum changes would help solve the

29  truancy problem, and, if any changes were indicated, such

30  changes must have been instituted but proved unsuccessful in

31  remedying the truant behavior. Such curriculum changes may

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  1  include enrollment of the child in a dropout prevention

  2  program that meets the specific educational and behavioral

  3  needs of the child, including a second chance school, as

  4  provided for in s. 230.2316, designed to resolve truant

  5  behavior.

  6         3.  Educational evaluation, which may include

  7  psychological evaluation, must have been provided to assist in

  8  determining the specific condition, if any, that is

  9  contributing to the child's nonattendance.  The evaluation

10  must have been supplemented by specific efforts by the school

11  to remedy any diagnosed condition.

12

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

14  responsive to the interventions described in this paragraph

15  and has completed the necessary requirements to pass the

16  current grade as indicated in the district pupil progression

17  plan, the child shall be passed.

18

19         Reviser's note.--Amended to conform to the

20         transfer of s. 39.426 to s. 984.12 by s. 98,

21         ch. 97-238, Laws of Florida.

22

23

24         Section 22.  Paragraph (c) of subsection (4) of section

25  239.117, Florida Statutes, as amended by section 1 of chapter

26  97-383, Laws of Florida, is amended to read:

27         239.117  Postsecondary student fees.--

28         (4)  The following students are exempt from the payment

29  of registration, matriculation, and laboratory fees:

30         (c)  A student for whom the state is paying a foster

31  care board payment pursuant to s. 409.145(3) or pursuant to

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  1  parts II and III III and V of chapter 39, for whom the

  2  permanency planning goal pursuant to part III V of chapter 39

  3  is long-term foster care or independent living, or who is

  4  adopted from the Department of Children and Family Services

  5  after December 31, 1997. Such exemption includes fees

  6  associated with enrollment in college-preparatory instruction

  7  and completion of the college-level communication and

  8  computation skills testing program. Such exemption shall be

  9  available to any student adopted from the Department of

10  Children and Family Services after December 31, 1997; however,

11  the exemption shall be valid for no more than 4 years after

12  the date of graduation from high school.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of parts III and V of chapter 39

16         as parts II and III necessitated by the repeal

17         and transfer of the provisions of former parts

18         II and IV by ch. 97-238, Laws of Florida.

19

20

21         Section 23.  Paragraph (a) of subsection (5) of section

22  240.235, Florida Statutes, is amended to read:

23         240.235  Fees.--

24         (5)(a)  Any student for whom the state is paying a

25  foster care board payment pursuant to s. 409.145(3) or parts

26  II and III III and V of chapter 39, for whom the permanency

27  planning goal pursuant to part III V of chapter 39 is

28  long-term foster care or independent living, or who is adopted

29  from the Department of Children and Family Services after

30  December 31, 1997, shall be exempt from the payment of all

31  undergraduate fees, including fees associated with enrollment

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  1  in college-preparatory instruction or completion of

  2  college-level communication and computation skills testing

  3  programs.  Before a fee exemption can be given, the student

  4  shall have applied for and been denied financial aid, pursuant

  5  to s. 240.404, which would have provided, at a minimum,

  6  payment of all undergraduate fees. Such exemption shall be

  7  available to any student adopted from the Department of

  8  Children and Family Services after December 31, 1997; however,

  9  the exemption shall be valid for no more than 4 years after

10  the date of graduation from high school.

11

12         Reviser's note.--Amended to conform to the

13         redesignation of parts III and V of chapter 39

14         as parts II and III necessitated by the repeal

15         and transfer of the provisions of former parts

16         II and IV by ch. 97-238, Laws of Florida.

17

18

19         Section 24.  Paragraph (a) of subsection (2) of section

20  240.35, Florida Statutes, as amended by section 3 of chapter

21  97-383, Laws of Florida, is amended to read:

22         240.35  Student fees.--Unless otherwise provided, the

23  provisions of this section apply only to fees charged for

24  college credit instruction leading to an associate degree,

25  including college-preparatory courses defined in s. 239.105.

26         (2)(a)  Any student for whom the state is paying a

27  foster care board payment pursuant to s. 409.145(3) or parts

28  II and III III and V of chapter 39, for whom the permanency

29  planning goal pursuant to part III V of chapter 39 is

30  long-term foster care or independent living, or who is adopted

31  from the Department of Children and Family Services after

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  1  December 31, 1997, shall be exempt from the payment of all

  2  undergraduate fees, including fees associated with enrollment

  3  in college-preparatory instruction or completion of the

  4  college-level communication and computation skills testing

  5  program. Before a fee exemption can be given, the student

  6  shall have applied for and been denied financial aid, pursuant

  7  to s. 240.404, which would have provided, at a minimum,

  8  payment of all student fees. Such exemption shall be available

  9  to any student adopted from the Department of Children and

10  Family Services after December 31, 1997; however, the

11  exemption shall be valid for no more than 4 years after the

12  date of graduation from high school.

13

14         Reviser's note.--Amended to conform to the

15         redesignation of parts III and V of chapter 39

16         as parts II and III necessitated by the repeal

17         and transfer of the provisions of former parts

18         II and IV by ch. 97-238, Laws of Florida.

19

20

21         Section 25.  Subsection (17) of section 253.025,

22  Florida Statutes, is amended to read:

23         253.025  Acquisition of state lands for purposes other

24  than preservation, conservation, and recreation.--

25         (17)  Pursuant to s. 985.41 39.074, the Department of

26  Juvenile Justice is responsible for obtaining appraisals and

27  entering into option agreements and agreements for the

28  purchase of state juvenile justice facility sites.  An option

29  agreement or agreement for purchase is not binding upon the

30  state until it is approved by the Board of Trustees of the

31  Internal Improvement Trust Fund.  The provisions of paragraphs

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  1  (6)(b), (c), and (d) and (7)(b), (c), and (d) apply to all

  2  appraisals, offers, and counteroffers of the Department of

  3  Juvenile Justice for state juvenile justice facility sites.

  4

  5         Reviser's note.--Amended to conform to the

  6         transfer of s. 39.074 to s. 985.41 by s. 70,

  7         ch. 97-238, Laws of Florida.

  8

  9

10         Section 26.  Subsection (65) of section 316.003,

11  Florida Statutes, is amended to read:

12         316.003  Definitions.--The following words and phrases,

13  when used in this chapter, shall have the meanings

14  respectively ascribed to them in this section, except where

15  the context otherwise requires:

16         (65)  CHILD.--A child as defined in s. 39.01, s.

17  984.03, or s. 985.03.

18

19         Reviser's note.--Amended to conform to the

20         legislative directive in s. 122, ch. 97-238,

21         Laws of Florida.

22

23

24         Section 27.  Subsection (3) and paragraph (a) of

25  subsection (4) of section 316.635, Florida Statutes, are

26  amended to read:

27         316.635  Courts having jurisdiction over traffic

28  violations; powers relating to custody and detention of

29  minors.--

30         (3)  If a minor is taken into custody for a criminal

31  traffic offense or a violation of chapter 322 and the minor

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  1  does not demand to be taken before a magistrate, the arresting

  2  officer or booking officer shall immediately notify, or cause

  3  to be notified, the minor's parents, guardian, or responsible

  4  adult relative of the action taken. After making every

  5  reasonable effort to give notice, the arresting officer or

  6  booking officer may:

  7         (a)  Issue a notice to appear pursuant to chapter 901

  8  and release the minor to a parent, guardian, responsible adult

  9  relative, or other responsible adult;

10         (b)  Issue a notice to appear pursuant to chapter 901

11  and release the minor pursuant to s. 903.06;

12         (c)  Issue a notice to appear pursuant to chapter 901

13  and deliver the minor to an appropriate substance abuse

14  treatment or rehabilitation facility or refer the minor to an

15  appropriate medical facility as provided in s. 901.29.  If the

16  minor cannot be delivered to an appropriate substance abuse

17  treatment or rehabilitation facility or medical facility, the

18  arresting officer may deliver the minor to an appropriate

19  intake office of the Department of Juvenile Justice Health and

20  Rehabilitative Services, which shall take custody of the minor

21  and make any appropriate referrals; or

22         (d)  If the violation constitutes a felony and the

23  minor cannot be released pursuant to s. 903.03, transport and

24  deliver the minor to an appropriate Department of Juvenile

25  Justice Health and Rehabilitative Services intake office. Upon

26  delivery of the minor to the intake office, the department

27  shall assume custody and proceed pursuant to chapter 984 or

28  chapter 985 39.

29

30  If action is not taken pursuant to paragraphs (a)-(d), the

31  minor shall be delivered to the Department of Juvenile Justice

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  1  Health and Rehabilitative Services, and the department shall

  2  make every reasonable effort to contact the parents, guardian,

  3  or responsible adult relative to take custody of the minor. If

  4  there is no parent, guardian, or responsible adult relative

  5  available, the department may retain custody of the minor for

  6  up to 24 hours.

  7         (4)  A minor who willfully fails to appear before any

  8  court or judicial officer as required by written notice to

  9  appear is guilty of contempt of court. Upon a finding by a

10  court, after notice and a hearing, that a minor is in contempt

11  of court for willful failure to appear pursuant to a valid

12  notice to appear, the court may:

13         (a)  For a first offense, order the minor to serve up

14  to 5 days in a staff-secure shelter as defined in chapter 984

15  or chapter 985 39 or, if space in a staff-secure shelter is

16  unavailable, in a secure juvenile detention center.

17

18         Reviser's note.--Amended to conform to s. 1,

19         ch. 94-209, Laws of Florida, which created the

20         Department of Juvenile Justice, and to conform

21         to the legislative directive in s. 122, ch.

22         97-238, Laws of Florida.

23

24

25         Section 28.  Paragraph (a) of subsection (2) of section

26  318.143, Florida Statutes, is amended to read:

27         318.143  Sanctions for infractions by minors.--

28         (2)  Failure to comply with one or more of the

29  sanctions imposed by the court constitutes contempt of court.

30  Upon a finding by the court, after notice and a hearing, that

31

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  1  a minor is in contempt of court for failure to comply with

  2  court-ordered sanctions, the court may:

  3         (a)  For a first offense, order the minor to serve up

  4  to 5 days in a staff-secure shelter as defined in chapter 984

  5  or chapter 985 39 or, if space in a staff-secure shelter is

  6  unavailable, in a secure juvenile detention center.

  7

  8         Reviser's note.--Amended to conform to the

  9         legislative directive in s. 122, ch. 97-238,

10         Laws of Florida.

11

12

13         Section 29.  Subsection (1) and paragraph (a) of

14  subsection (2) of section 318.21, Florida Statutes, are

15  amended to read:

16         318.21  Disposition of civil penalties by county

17  courts.--All civil penalties received by a county court

18  pursuant to the provisions of this chapter shall be

19  distributed and paid monthly as follows:

20         (1)  One dollar from every civil penalty shall be paid

21  to the Department of Children and Family Health and

22  Rehabilitative Services for deposit into the Child Welfare

23  Training Trust Fund for child welfare training purposes

24  pursuant to s. 402.40 404.40.  One dollar from every civil

25  penalty shall be paid to the Department of Juvenile Justice

26  for deposit into the Juvenile Justice Training Trust Fund for

27  juvenile justice purposes pursuant to s. 985.406 39.024.

28         (2)  Of the remainder:

29         (a)  Twenty and six-tenths percent shall be paid to the

30  General Revenue Fund of the state, except that the first

31  $300,000 shall be deposited into the Grants and Donations

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  1  Trust Fund in the Department of Children and Family Health and

  2  Rehabilitative Services for administrative costs, training

  3  costs, and costs associated with the implementation and

  4  maintenance of Florida foster care citizen review panels as

  5  provided for in s. 39.4531.

  6

  7         Reviser's note.--Subsection (1) and paragraph

  8         (2)(a) are amended to conform to the creation

  9         of the Department of Children and Family

10         Services by s. 5, ch. 96-403, Laws of Florida.

11         Subsection (1) is also amended to correct a

12         cross-reference to a nonexistent section and to

13         conform to the transfer of s. 39.024 to s.

14         985.406 by s. 66, ch. 97-238, Laws of Florida.

15

16

17         Section 30.  Effective July 1, 1998, subsection (1) of

18  section 318.21, Florida Statutes, is amended to read:

19         318.21  Disposition of civil penalties by county

20  courts.--All civil penalties received by a county court

21  pursuant to the provisions of this chapter shall be

22  distributed and paid monthly as follows:

23         (1)  One dollar from every civil penalty shall be paid

24  to the Department of Children and Family Services for deposit

25  into the Child Welfare Training Trust Fund for child welfare

26  training purposes pursuant to s. 402.40. One dollar from every

27  civil penalty shall be paid to the Department of Juvenile

28  Justice for deposit into the Juvenile Justice Training Trust

29  Fund for juvenile justice purposes pursuant to s. 985.406

30  39.024.

31

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  1         Reviser's note.--Amended to conform to the

  2         transfer of s. 39.024 to s. 985.406 by s. 66,

  3         ch. 97-238, Laws of Florida.

  4

  5

  6         Section 31.  Effective July 1, 1999, subsection (1) of

  7  section 318.21, Florida Statutes, is amended to read:

  8         318.21  Disposition of civil penalties by county

  9  courts.--All civil penalties received by a county court

10  pursuant to the provisions of this chapter shall be

11  distributed and paid monthly as follows:

12         (1)  One dollar from every civil penalty shall be paid

13  to the Department of Children and Family Services for deposit

14  into the Child Welfare Training Trust Fund for child welfare

15  training purposes pursuant to s. 402.40. One dollar from every

16  civil penalty shall be paid to the Department of Juvenile

17  Justice for deposit into the Juvenile Justice Training Trust

18  Fund for juvenile justice purposes pursuant to s. 985.406

19  39.024.

20

21         Reviser's note.--Amended to conform to the

22         transfer of s. 39.024 to s. 985.406 by s. 66,

23         ch. 97-238, Laws of Florida.

24

25

26         Section 32.  Effective July 1, 2000, subsection (1) of

27  section 318.21, Florida Statutes, is amended to read:

28         318.21  Disposition of civil penalties by county

29  courts.--All civil penalties received by a county court

30  pursuant to the provisions of this chapter shall be

31  distributed and paid monthly as follows:

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  1         (1)  One dollar from every civil penalty shall be paid

  2  to the Department of Children and Family Services for deposit

  3  into the Child Welfare Training Trust Fund for child welfare

  4  training purposes pursuant to s. 402.40. One dollar from every

  5  civil penalty shall be paid to the Department of Juvenile

  6  Justice for deposit into the Juvenile Justice Training Trust

  7  Fund for juvenile justice purposes pursuant to s. 985.406

  8  39.024.

  9

10         Reviser's note.--Amended to conform to the

11         transfer of s. 39.024 to s. 985.406 by s. 66,

12         ch. 97-238, Laws of Florida.

13

14

15         Section 33.  Effective July 1, 2001, subsection (1) of

16  section 318.21, Florida Statutes, is amended to read:

17         318.21  Disposition of civil penalties by county

18  courts.--All civil penalties received by a county court

19  pursuant to the provisions of this chapter shall be

20  distributed and paid monthly as follows:

21         (1)  One dollar from every civil penalty shall be paid

22  to the Department of Children and Family Services for deposit

23  into the Child Welfare Training Trust Fund for child welfare

24  training purposes pursuant to s. 402.40. One dollar from every

25  civil penalty shall be paid to the Department of Juvenile

26  Justice for deposit into the Juvenile Justice Training Trust

27  Fund for juvenile justice purposes pursuant to s. 985.406

28  39.024.

29

30

31

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  1         Reviser's note.--Amended to conform to the

  2         transfer of s. 39.024 to s. 985.406 by s. 66,

  3         ch. 97-238, Laws of Florida.

  4

  5

  6         Section 34.  Effective July 1, 2002, subsection (1) of

  7  section 318.21, Florida Statutes, is amended to read:

  8         318.21  Disposition of civil penalties by county

  9  courts.--All civil penalties received by a county court

10  pursuant to the provisions of this chapter shall be

11  distributed and paid monthly as follows:

12         (1)  One dollar from every civil penalty shall be paid

13  to the Department of Children and Family Services for deposit

14  into the Child Welfare Training Trust Fund for child welfare

15  training purposes pursuant to s. 402.40. One dollar from every

16  civil penalty shall be paid to the Department of Juvenile

17  Justice for deposit into the Juvenile Justice Training Trust

18  Fund for juvenile justice purposes pursuant to s. 985.406

19  39.024.

20

21         Reviser's note.--Amended to conform to the

22         transfer of s. 39.024 to s. 985.406 by s. 66,

23         ch. 97-238, Laws of Florida.

24

25

26         Section 35.  Subsections (2), (3), and (4) of section

27  397.6758, Florida Statutes, are amended to read:

28         397.6758  Release of client from protective custody,

29  emergency admission, involuntary assessment, involuntary

30  treatment, and alternative involuntary assessment of a

31  minor.--A client involuntarily admitted to a licensed service

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  1  provider may be released without further order of the court

  2  only by a qualified professional in a hospital, a

  3  detoxification facility, an addictions receiving facility, or

  4  any less restrictive treatment component.  Notice of the

  5  release must be provided to the applicant in the case of an

  6  emergency admission or an alternative involuntary assessment

  7  for a minor, or to the petitioner and the court if the

  8  involuntary assessment or treatment was court ordered. In the

  9  case of a minor client, the release must be:

10         (2)  To the department pursuant to s. 39.03;

11         (2)(3)  To the Department of Children and Family

12  Services pursuant to s. 39.401; or

13         (3)(4)  To the Department of Juvenile Justice pursuant

14  to s. 984.13 39.421.

15

16         Reviser's note.--Subsection (2) is repealed to

17         conform to the repeal of s. 39.03 by s. 17, ch.

18         90-208, Laws of Florida. Subsection (4) is

19         amended to conform to the transfer of s. 39.421

20         to s. 984.13 by s. 99, ch. 97-238, Laws of

21         Florida.

22

23

24         Section 36.  Subsections (1) and (4) of section

25  397.706, Florida Statutes, are amended to read:

26         397.706  Screening, assessment, and disposition of

27  juvenile offenders.--

28         (1)  The substance abuse treatment needs of juvenile

29  offenders and their families must be identified and addressed

30  through diversionary programs and adjudicatory proceedings

31  pursuant to chapter 984 or chapter 985 39.

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  1         (4)  The court may require juvenile offenders and their

  2  families to participate in substance abuse assessment and

  3  treatment services in accordance with the provisions of

  4  chapter 984 or chapter 985 39 and may use its contempt powers

  5  to enforce its orders.

  6

  7         Reviser's note.--Amended to conform to the

  8         legislative directive in s. 122, ch. 97-238,

  9         Laws of Florida.

10

11

12         Section 37.  Paragraph (c) of subsection (3) of section

13  409.145, Florida Statutes, is amended to read:

14         409.145  Care of children.--

15         (3)

16         (c)1.  The department is authorized to provide the

17  services of the children's foster care program to an

18  individual who is enrolled full-time in a postsecondary

19  vocational-technical education program, full-time in a

20  community college program leading toward a vocational degree

21  or an associate degree, or full-time in a university or

22  college, if the following requirements are met:

23         a.  The individual was committed to the legal custody

24  of the department for placement in foster care as a dependent

25  child;

26         b.  The permanency planning goal pursuant to part III V

27  of chapter 39 for the individual is long-term foster care or

28  independent living;

29         c.  The individual has been accepted for admittance to

30  a postsecondary vocational-technical education program, to a

31  community college, or to a university or college;

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  1         d.  All other resources have been thoroughly explored,

  2  and it can be clearly established that there are no

  3  alternative resources for placement; and

  4         e.  A written service agreement which specifies

  5  responsibilities and expectations for all parties involved has

  6  been signed by a representative of the department, the

  7  individual, and the foster parent or licensed child-caring

  8  agency providing the placement resources, if the individual is

  9  to continue living with the foster parent or placement

10  resource while attending a postsecondary vocational-technical

11  education program, community college, or university or

12  college.  An individual who is to be continued in or placed in

13  independent living shall continue to receive services

14  according to the independent living program and agreement of

15  responsibilities signed by the department and the individual.

16         2.  Any provision of this chapter or any other law to

17  the contrary notwithstanding, when an individual who meets the

18  requirements of subparagraph 1. is in attendance at a

19  community college, college, or university, the department may

20  make foster care payments to such community college, college,

21  or university in lieu of payment to the foster parents or

22  individual, for the purpose of room and board, if not

23  otherwise provided, but such payments shall not exceed the

24  amount that would have been paid to the foster parents had the

25  individual remained in the foster home.

26         3.  The services of the foster care program shall

27  continue only for an individual under this paragraph who is a

28  full-time student but shall continue for not more than:

29         a.  Two consecutive years for an individual in a

30  postsecondary vocational-technical education program;

31

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  1         b.  Two consecutive years or four semesters for an

  2  individual enrolled in a community college unless the

  3  individual is participating in college preparatory instruction

  4  or is requiring additional time to complete the college-level

  5  communication and computation skills testing program, in which

  6  case such services shall continue for not more than 3

  7  consecutive years or six semesters; or

  8         c.  Four consecutive years, 8 semesters, or 12 quarters

  9  for an individual enrolled in a college or university unless

10  the individual is participating in college-preparatory

11  instruction or is requiring additional time to complete the

12  college-level communication and computation skills testing

13  programs, in which case such services shall continue for not

14  more than 5 consecutive years, 10 semesters, or 15 quarters.

15         4.a.  As a condition for continued foster care

16  services, an individual shall have earned a grade point

17  average of at least 2.0 on a 4.0 scale for the previous term,

18  maintain at least an overall grade point average of 2.0 for

19  only the previous term, and be eligible for continued

20  enrollment in the institution.  If the postsecondary

21  vocational-technical school program does not operate on a

22  grade point average as described above, then the individual

23  shall maintain a standing equivalent to the 2.0 grade point

24  average.

25         b.  Services shall be terminated upon completion of,

26  graduation from, or withdrawal or permanent expulsion from a

27  postsecondary vocational-technical education program,

28  community college, or university or college.  Services shall

29  also be terminated for failure to maintain the required level

30  of academic achievement.

31

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of part V of chapter 39 as part

  3         III necessitated by the repeal and transfer of

  4         the provisions of former parts II and IV by ch.

  5         97-238, Laws of Florida.

  6

  7

  8         Section 38.  Section 409.1685, Florida Statutes, is

  9  amended to read:

10         409.1685  Children in foster care; annual report to

11  Legislature.--The Department of Children and Family Services

12  shall submit a written report to the substantive committees of

13  the Legislature concerning the status of children in foster

14  care and concerning the judicial review mandated by part III V

15  of chapter 39.  This report shall be submitted by March 1 of

16  each year and shall include the following information for the

17  prior calendar year:

18         (1)  The number of 6-month and annual judicial reviews

19  completed during that period.

20         (2)  The number of children in foster care returned to

21  a parent, guardian, or relative as a result of a 6-month or

22  annual judicial review hearing during that period.

23         (3)  The number of termination of parental rights

24  proceedings instituted during that period which shall include:

25         (a)  The number of termination of parental rights

26  proceedings initiated pursuant to part III V of chapter 39;

27  and

28         (b)  The total number of terminations of parental

29  rights ordered.

30         (4)  The number of foster care children placed for

31  adoption during that period.

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  1         Reviser's note.--Amended to conform to the

  2         redesignation of part V of chapter 39 as part

  3         III necessitated by the repeal and transfer of

  4         the provisions of former parts II and IV by ch.

  5         97-238, Laws of Florida.

  6

  7

  8         Section 39.  Subsection (1) of section 409.2564,

  9  Florida Statutes, is amended to read:

10         409.2564  Actions for support.--

11         (1)  In each case in which regular support payments are

12  not being made as provided herein, the department shall

13  institute, within 30 days after determination of the obligor's

14  reasonable ability to pay, action as is necessary to secure

15  the obligor's payment of current support and any arrearage

16  which may have accrued under an existing order of support.

17  The department shall notify the program attorney in the

18  judicial circuit in which the recipient resides setting forth

19  the facts in the case, including the obligor's address, if

20  known, and the public assistance case number. Whenever

21  applicable, the procedures established under the provisions of

22  chapter 88, Uniform Interstate Family Support Act, and chapter

23  61, Dissolution of Marriage; Support; Custody, and chapter 39,

24  Proceedings Relating to Children Juveniles, chapter 984,

25  Children and Families in Need of Services; and chapter 985,

26  Delinquency; Interstate Compact on Juveniles, may govern

27  actions instituted under the provisions of this act, except

28  that actions for support under chapter 39, chapter 984, or

29  chapter 985 brought pursuant to this act shall not require any

30  additional investigation or supervision by the department.

31

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  1         Reviser's note.--Amended to conform to the

  2         legislative directive in s. 122, ch. 97-238,

  3         Laws of Florida.

  4

  5

  6         Section 40.  Paragraph (a) of subsection (1) of section

  7  409.803, Florida Statutes, is amended to read:

  8         409.803  Shelter and foster care services to dependent

  9  children.--

10         (1)  It is the intent of the Legislature to:

11         (a)  Facilitate the reunification of families or the

12  permanent placement of a child pursuant to part II parts III

13  and IV of chapter 39 and chapter 984.

14

15         Reviser's note.--Amended to conform to the

16         redesignation of part III of chapter 39 as part

17         II necessitated by the repeal or transfer of

18         the provisions of former part II by chapter

19         97-238, Laws of Florida, and the repeal or

20         transfer to chapter 984 of the provisions of

21         part IV by ch. 97-238.

22

23

24         Section 41.  Subsection (8) of section 415.107, Florida

25  Statutes, is amended to read:

26         415.107  Confidentiality of reports and records.--

27         (8)  The department, upon receipt of the applicable

28  fee, shall search its central abuse registry and tracking

29  system records pursuant to the requirements of ss. 39.076,

30  110.1127, 393.0655, 394.457, 397.451, 400.506, 400.509,

31  400.512, 402.305(1), 402.3055, 402.313, 409.175, and 409.176,

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  1  and 985.407 for the existence of a confirmed report made on

  2  the personnel as defined in the foregoing provisions.  The

  3  department shall report the existence of any confirmed report

  4  and advise the authorized licensing agency, applicant for

  5  licensure, or other authorized agency or person of the results

  6  of the search and the date of the report.  Prior to a search

  7  being conducted, the department or its designee shall notify

  8  such person that an inquiry will be made. The department shall

  9  notify each person for whom a search is conducted of the

10  results of the search upon request.

11

12         Reviser's note.--Amended to conform to the

13         transfer of s. 39.076 to s. 985.407 by s. 67,

14         ch. 97-238, Laws of Florida.

15

16

17         Section 42.  Paragraph (b) of subsection (3) of section

18  415.5015, Florida Statutes, is amended to read:

19         415.5015  Child abuse prevention training in the

20  district school system.--

21         (3)  DEFINITIONS.--As used in this section:

22         (b)  "Child abuse" means those acts as defined in ss.

23  39.01, 415.503, and 827.04, and 984.03.

24

25         Reviser's note.--Amended to conform to the

26         legislative directive in s. 122, ch. 97-238,

27         Laws of Florida.

28

29

30         Section 43.  Subsection (8) of section 415.503, Florida

31  Statutes, is amended to read:

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  1         415.503  Definitions of terms used in ss.

  2  415.502-415.514.--As used in ss. 415.502-415.514:

  3         (8)  "Guardian ad litem" as referred to in any civil or

  4  criminal proceeding includes the following: a certified

  5  guardian ad litem program, a duly certified volunteer, a staff

  6  attorney, contract attorney, or certified pro bono attorney

  7  working on behalf of a guardian ad litem or the program; staff

  8  members of a program office; a court-appointed attorney; or a

  9  responsible adult who is appointed by the court to represent

10  the best interests of a child in a proceeding as provided for

11  by law, including, but not limited to, chapters 39, 984, and

12  985 chapter 39 and this chapter, who is a party to any

13  judicial proceeding as a representative of the child, and who

14  serves until discharged by the court.

15

16         Reviser's note.--Amended to conform to the

17         legislative directive in s. 122, ch. 97-238,

18         Laws of Florida.

19

20

21         Section 44.  Subsection (1) of section 415.5086,

22  Florida Statutes, is amended to read:

23         415.5086  Hearing for appointment of a guardian

24  advocate.--

25         (1)  When a petition for appointment of a guardian

26  advocate has been filed with the circuit court, the hearing

27  shall be held within 14 days unless all parties agree to a

28  continuance. If a child is in need of necessary medical

29  treatment as defined in s. 39.01, s. 984.03, or s. 985.03, the

30  court shall hold a hearing within 24 hours.

31

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  1         Reviser's note.--Amended to conform to the

  2         legislative directive in s. 122, ch. 97-238,

  3         Laws of Florida.

  4

  5

  6         Section 45.  Subsection (2) of section 415.51, Florida

  7  Statutes, is amended to read:

  8         415.51  Confidentiality of reports and records in cases

  9  of child abuse or neglect.--

10         (2)  Access to such records, excluding the name of the

11  reporter which shall be released only as provided in

12  subsection (4)(9), shall be granted only to the following

13  persons, officials, and agencies:

14         (a)  Employees or agents of the department responsible

15  for carrying out child or adult protective investigations,

16  ongoing child or adult protective services, or licensure or

17  approval of adoptive homes, foster homes, or other homes used

18  to provide for the care and welfare of children.  Also,

19  employees or agents of the Department of Juvenile Justice

20  responsible for the provision of services to children,

21  pursuant to chapters 984 and 985 parts II and IV of chapter

22  39.

23         (b)  Criminal justice agencies of appropriate

24  jurisdiction.

25         (c)  The state attorney of the judicial circuit in

26  which the child resides or in which the alleged abuse or

27  neglect occurred.

28         (d)  The parent or custodian of any child who is

29  alleged to have been abused, neglected, or abandoned.  This

30  access shall be made available no later than 30 days after the

31  department receives the initial report of abuse, neglect, or

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  1  abandonment. However, any information otherwise made

  2  confidential or exempt by law shall not be released pursuant

  3  to this paragraph.

  4         (e)  Any person alleged in the report as having caused

  5  the abuse, neglect, or abandonment of a child.  This access

  6  shall be made available no later than 30 days after the

  7  department receives the initial report of abuse, neglect, or

  8  abandonment. However, any information otherwise made

  9  confidential or exempt by law shall not be released pursuant

10  to this paragraph.

11         (f)  A court upon its finding that access to such

12  records may be necessary for the determination of an issue

13  before the court; however, such access shall be limited to

14  inspection in camera, unless the court determines that public

15  disclosure of the information contained therein is necessary

16  for the resolution of an issue then pending before it.

17         (g)  A grand jury, by subpoena, upon its determination

18  that access to such records is necessary in the conduct of its

19  official business.

20         (h)  Any appropriate official of the department

21  responsible for:

22         1.  Administration or supervision of the department's

23  program for the prevention, investigation, or treatment of

24  child abuse, abandonment, or neglect when carrying out his or

25  her official function; or

26         2.  Taking appropriate administrative action concerning

27  an employee of the department alleged to have perpetrated

28  institutional child abuse or neglect.

29         (i)  Any person engaged in bona fide research or audit

30  purposes. However, no information identifying the subjects of

31  the report shall be made available to the researcher.

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  1         (j)  The Division of Administrative Hearings for

  2  purposes of any administrative challenge.

  3         (k)  Any appropriate official of the human rights

  4  advocacy committee investigating a report of known or

  5  suspected child abuse, abandonment, or neglect, the Auditor

  6  General for the purpose of conducting preliminary or

  7  compliance reviews pursuant to s. 11.45, or the guardian ad

  8  litem for the child as defined in s. 415.503.

  9         (l)  Employees or agents of an agency of another state

10  that has comparable jurisdiction to the jurisdiction described

11  in paragraph (a).

12         (m)  The Public Employees Relations Commission for the

13  sole purpose of obtaining evidence for appeals filed pursuant

14  to s. 447.207.  Records may be released only after deletion of

15  all information which specifically identifies persons other

16  than the employee.

17

18         Reviser's note.--Amended to conform to the

19         redesignation of subsection (9) as subsection

20         (4) by s. 46, ch. 95-228, Laws of Florida, and

21         to conform to the legislative directive in s.

22         122, ch. 97-238, Laws of Florida.

23

24

25         Section 46.  Paragraph (d) of subsection (1) of section

26  419.001, Florida Statutes, is amended to read:

27         419.001  Site selection of community residential

28  homes.--

29         (1)  For the purposes of this section, the following

30  definitions shall apply:

31

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  1         (d)  "Resident" means any of the following:  an aged

  2  person as defined in s. 400.618(3); a physically disabled or

  3  handicapped person as defined in s. 760.22(7)(a); a

  4  developmentally disabled person as defined in s. 393.063(11);

  5  a nondangerous mentally ill person as defined in s.

  6  394.455(16); or a child as defined in s. 39.01(11), s.

  7  984.03(9) or (12), or s. 985.03(8) s. 39.01(12) and (14).

  8

  9         Reviser's note.--Amended to conform to the

10         legislative directive in s. 122, ch. 97-238,

11         Laws of Florida.

12

13

14         Section 47.  Subsections (2), (3), and (6) of section

15  743.0645, Florida Statutes, are amended to read:

16         743.0645  Other persons who may consent to medical care

17  or treatment of a minor.--

18         (2)  Any of the following persons, in order of priority

19  listed, may consent to the medical care or treatment of a

20  minor who is not committed to the Department of Children and

21  Family Services or the Department of Juvenile Justice Health

22  and Rehabilitative Services or in their its custody under

23  chapter 39, chapter 984, or chapter 985 when, after a

24  reasonable attempt, a person who has the power to consent as

25  otherwise provided by law cannot be contacted by the treatment

26  provider and actual notice to the contrary has not been given

27  to the provider by that person:

28         (a)  A person who possesses a power of attorney to

29  provide medical consent for the minor.

30         (b)  The stepparent.

31         (c)  The grandparent of the minor.

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  1         (d)  An adult brother or sister of the minor.

  2         (e)  An adult aunt or uncle of the minor.

  3

  4  There shall be maintained in the treatment provider's records

  5  of the minor documentation that a reasonable attempt was made

  6  to contact the person who has the power to consent.

  7         (3)  The Department of Children and Family Services or

  8  the Department of Juvenile Justice Health and Rehabilitative

  9  Services caseworker, case manager, or person primarily

10  responsible for the case management of the child, the

11  administrator of any facility licensed by the department under

12  s. 393.067, s. 394.875, or s. 409.175, or the administrator of

13  any state-operated or state-contracted delinquency residential

14  treatment facility may consent to the medical care or

15  treatment of any minor committed to it or in its custody under

16  chapter 39, chapter 984, or chapter 985, when the person who

17  has the power to consent as otherwise provided by law cannot

18  be contacted and such person has not expressly objected to

19  such consent.  There shall be maintained in the records of the

20  minor documentation that a reasonable attempt was made to

21  contact the person who has the power to consent as otherwise

22  provided by law.

23         (6)  The Department of Children and Family Services and

24  the Department of Juvenile Justice Health and Rehabilitative

25  Services may adopt rules to implement this section.

26

27         Reviser's note.--Amended to conform to the

28         redesignation of the Department of Health and

29         Rehabilitative Services as the Department of

30         Children and Family Services by s. 5, ch.

31         96-403, Laws of Florida, and to conform to the

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  1         legislative directive in s. 122, ch. 97-238,

  2         Laws of Florida.

  3

  4

  5         Section 48.  Subsection (3) of section 744.309, Florida

  6  Statutes, is amended to read:

  7         744.309  Who may be appointed guardian of a resident

  8  ward.--

  9         (3)  DISQUALIFIED PERSONS.--No person who has been

10  convicted of a felony or who, from any incapacity or illness,

11  is incapable of discharging the duties of a guardian, or who

12  is otherwise unsuitable to perform the duties of a guardian,

13  shall be appointed to act as guardian.  Further, no person who

14  has been judicially determined to have committed abuse or

15  neglect against a child as defined in s. 39.01(2) and (36) or

16  s. 984.03(2) and (39)(47), or who has a confirmed report of

17  abuse, neglect, or exploitation which has been uncontested or

18  upheld pursuant to the provisions of ss. 415.104 and 415.1075

19  shall be appointed to act as a guardian.  Except as provided

20  in subsection (5) or subsection (6), a person who provides

21  substantial services to the proposed ward in a professional or

22  business capacity, or a creditor of the proposed ward, may not

23  be appointed guardian and retain that previous professional or

24  business relationship.  A person may not be appointed a

25  guardian if he or she is in the employ of any person, agency,

26  government, or corporation that provides service to the

27  proposed ward in a professional or business capacity, except

28  that a person so employed may be appointed if he or she is the

29  spouse, adult child, parent, or sibling of the proposed ward

30  or the court determines that the potential conflict of

31  interest is insubstantial and that the appointment would

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  1  clearly be in the proposed ward's best interest.  The court

  2  may not appoint a guardian in any other circumstance in which

  3  a conflict of interest may occur.

  4

  5         Reviser's note.--Amended to conform to the

  6         legislative directive in s. 122, ch. 97-238,

  7         Laws of Florida.

  8

  9

10         Section 49.  Section 784.075, Florida Statutes, is

11  amended to read:

12         784.075  Battery on detention or commitment facility

13  staff.--A person who commits a battery on an intake counselor

14  or case manager, as defined in s. 984.03(31) or s. 985.03(30)

15  39.01(34), on other staff of a detention center or facility as

16  defined in s. 984.03(19) or s. 985.03(19) 39.01(23), or on a

17  staff member of a commitment facility as defined in s.

18  985.03(45)(c), (d), or (e) 39.01(59)(c), (d), or (e), commits

19  a felony of the third degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084. For purposes of this

21  section, a staff member of the facilities listed includes

22  persons employed by the Department of Juvenile Justice,

23  persons employed at facilities licensed by the Department of

24  Juvenile Justice, and persons employed at facilities operated

25  under a contract with the Department of Juvenile Justice.

26

27         Reviser's note.--Amended to conform to the

28         legislative directive in s. 122, ch. 97-238,

29         Laws of Florida.

30

31

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  1         Section 50.  Subsections (8) and (9) of section 790.22,

  2  Florida Statutes, are amended to read:

  3         790.22  Use of BB guns, air or gas-operated guns, or

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

  5  possession of firearms by minor under 18 prohibited;

  6  penalties.--

  7         (8)  Notwithstanding s. 985.213 39.042 or s. 985.215(1)

  8  39.044(1), if a minor under 18 years of age is charged with an

  9  offense that involves the use or possession of a firearm, as

10  defined in s. 790.001, other than a violation of subsection

11  (3), or is charged for any offense during the commission of

12  which the minor possessed a firearm, the minor shall be

13  detained in secure detention, unless the state attorney

14  authorizes the release of the minor, and shall be given a

15  hearing within 24 hours after being taken into custody.

16  Effective April 15, 1994, At the hearing, the court may order

17  that the minor continue to be held in secure detention in

18  accordance with the applicable time periods specified in s.

19  985.215(5) 39.044(5), if the court finds that the minor meets

20  the criteria specified in s. 985.215(2) 39.044(2), or if the

21  court finds by clear and convincing evidence that the minor is

22  a clear and present danger to himself or herself or the

23  community. The Department of Juvenile Justice shall prepare a

24  form for all minors charged under this subsection that states

25  the period of detention and the relevant demographic

26  information, including, but not limited to, the sex, age, and

27  race of the minor; whether or not the minor was represented by

28  private counsel or a public defender; the current offense; and

29  the minor's complete prior record, including any pending

30  cases. The form shall be provided to the judge to be

31  considered when determining whether the minor should be

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  1  continued in secure detention under this subsection. An order

  2  placing a minor in secure detention because the minor is a

  3  clear and present danger to himself or herself or the

  4  community must be in writing, must specify the need for

  5  detention and the benefits derived by the minor or the

  6  community by placing the minor in secure detention, and must

  7  include a copy of the form provided by the department. The

  8  Department of Juvenile Justice must send the form, including a

  9  copy of any order, without client-identifying information, to

10  the Division of Economic and Demographic Research of the Joint

11  Legislative Management Committee.

12         (9)  Notwithstanding s. 985.214 39.043, if the minor is

13  found to have committed an offense that involves the use or

14  possession of a firearm, as defined in s. 790.001, other than

15  a violation of subsection (3), or an offense during the

16  commission of which the minor possessed a firearm, and the

17  minor is not committed to a residential commitment program of

18  the Department of Juvenile Justice Health and Rehabilitative

19  Services, in addition to any other punishment provided by law,

20  the court shall order:

21         (a)  For a first offense, that the minor serve a

22  mandatory period of detention of 5 days in a secure detention

23  facility and perform 100 hours of community service.

24         (b)  For a second or subsequent offense, that the minor

25  serve a mandatory period of detention of 10 days in a secure

26  detention facility and perform not less than 100 nor more than

27  250 hours of community service.

28

29  The minor shall receive credit for time served before

30  adjudication.

31

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  1         Reviser's note.--Amended to conform to the

  2         transfer of s. 39.042 to s. 985.213 by s. 21,

  3         ch. 97-238, Laws of Florida; the transfer of s.

  4         39.044 to s. 985.215 by s. 23, ch. 97-238; and

  5         the transfer of s. 39.043 to s. 985.214 by s.

  6         22, ch. 97-238. Subsection (9) was also amended

  7         to conform to the creation of the Department of

  8         Juvenile Justice by s. 1, ch. 94-209, Laws of

  9         Florida.

10

11

12         Section 51.  Subsection (2) of section 790.23, Florida

13  Statutes, is amended to read:

14         790.23  Felons and delinquents; possession of firearms

15  or electric weapons or devices unlawful.--

16         (2)  This section shall not apply to a person convicted

17  of a felony whose civil rights and firearm authority have been

18  restored, or to a person found to have committed a delinquent

19  act that would be a felony if committed by an adult with

20  respect to which the jurisdiction of the court pursuant to

21  chapter 985 39 has expired.

22

23         Reviser's note.--Amended to conform to the

24         repeal and transfer of the provisions of former

25         part II of chapter 39, relating to delinquency,

26         to chapter 985 by ch. 97-238, Laws of Florida.

27

28

29         Section 52.  Subsection (4) of section 877.22, Florida

30  Statutes, is amended to read:

31

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  1         877.22  Minors prohibited in public places and

  2  establishments during certain hours; penalty; procedure.--

  3         (4)  If a minor violates a curfew and is taken into

  4  custody, the minor shall be transported immediately to a

  5  police station or to a facility operated by a religious,

  6  charitable, or civic organization that conducts a curfew

  7  program in cooperation with a local law enforcement agency.

  8  After recording pertinent information about the minor, the law

  9  enforcement agency shall attempt to contact the parent of the

10  minor and, if successful, shall request that the parent take

11  custody of the minor and shall release the minor to the

12  parent. If the law enforcement agency is not able to contact

13  the minor's parent within 2 hours after the minor is taken

14  into custody, or if the parent refuses to take custody of the

15  minor, the law enforcement agency may transport the minor to

16  her or his residence or proceed as authorized under part II

17  III of chapter 39.

18

19         Reviser's note.--Amended to conform to the

20         redesignation of part III of chapter 39 as part

21         II necessitated by the repeal and transfer of

22         the provisions of former part II by ch. 97-238,

23         Laws of Florida.

24

25

26         Section 53.  Paragraph (c) of subsection (3) of section

27  921.0012, Florida Statutes, is amended to read:

28         921.0012  Sentencing guidelines offense levels; offense

29  severity ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

31

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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4                              (c)  LEVEL 3

  5  39.061             3rd      Escapes from juvenile facility

  6                              (secure detention or residential

  7                              commitment facility).

  8  319.30(4)          3rd      Possession by junkyard of motor

  9                              vehicle with identification

10                              number plate removed.

11  319.33(1)(a)       3rd      Alter or forge any certificate of

12                              title to a motor vehicle or

13                              mobile home.

14  319.33(1)(c)       3rd      Procure or pass title on stolen

15                              vehicle.

16  319.33(4)          3rd      With intent to defraud, possess,

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

18                              unlawfully obtained title or

19                              registration.

20  328.05(2)          3rd      Possess, sell, or counterfeit

21                              fictitious, stolen, or fraudulent

22                              titles or bills of sale of

23                              vessels.

24  328.07(4)          3rd      Manufacture, exchange, or possess

25                              vessel with counterfeit or wrong

26                              ID number.

27  376.302(5)         3rd      Fraud related to reimbursement

28                              for cleanup expenses under the

29                              Inland Protection Trust Fund.

30

31

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  1  501.001(2)(b)      2nd      Tampers with a consumer product

  2                              or the container using materially

  3                              false/misleading information.

  4  697.08             3rd      Equity skimming.

  5  790.15(3)          3rd      Person directs another to

  6                              discharge firearm from a vehicle.

  7  796.05(1)          3rd      Live on earnings of a prostitute.

  8  806.10(1)          3rd      Maliciously injure, destroy, or

  9                              interfere with vehicles or

10                              equipment used in firefighting.

11  806.10(2)          3rd      Interferes with or assaults

12                              firefighter in performance of

13                              duty.

14  810.09(2)(c)       3rd      Trespass on property other than

15                              structure or conveyance armed

16                              with firearm or dangerous weapon.

17  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

18                              less than $10,000.

19  815.04(4)(b)       2nd      Computer offense devised to

20                              defraud or obtain property.

21  817.034(4)(a)3.    3rd      Engages in scheme to defraud

22                              (Florida Communications Fraud

23                              Act), property valued at less

24                              than $20,000.

25  817.233            3rd      Burning to defraud insurer.

26  828.12(2)          3rd      Tortures any animal with intent

27                              to inflict intense pain, serious

28                              physical injury, or death.

29  831.29             2nd      Possession of instruments for

30                              counterfeiting driver's licenses

31                              or identification cards.

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  1  838.021(3)(b)      3rd      Threatens unlawful harm to public

  2                              servant.

  3  843.19             3rd      Injure, disable, or kill police

  4                              dog or horse.

  5  870.01(2)          3rd      Riot; inciting or encouraging.

  6  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  7                              cannabis (or other s.

  8                              893.03(1)(c), (2)(c), (3), or (4)

  9                              drugs).

10  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

11                              893.03(1)(c), (2)(c), (3), or (4)

12                              drugs within 200 feet of

13                              university, public housing

14                              facility, or public park.

15  893.13(6)(a)       3rd      Possession of any controlled

16                              substance other than felony

17                              possession of cannabis.

18  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

19                              controlled substance by fraud,

20                              forgery, misrepresentation, etc.

21  893.13(7)(a)11.    3rd      Furnish false or fraudulent

22                              material information on any

23                              document or record required by

24                              chapter 893.

25  918.13(1)(a)       3rd      Alter, destroy, or conceal

26                              investigation evidence.

27  944.401            3rd      Escapes from juvenile facility

28                              (secure detention or residential

29                              commitment facility).

30

31

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  1  944.47

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

  3                              correctional facility.

  4  944.47(1)(c)       2nd      Possess contraband while upon the

  5                              grounds of a correctional

  6                              institution.

  7

  8         Reviser's note.--Amended to conform to the

  9         transfer of s. 39.061 to s. 944.401 by s. 113,

10         ch. 97-238, Laws of Florida.

11

12

13         Section 54.  Effective October 1, 1998, paragraph (c)

14  of subsection (3) of section 921.0022, Florida Statutes, is

15  amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19

20  Florida           Felony

21  Statute           Degree             Description

22

23                              (c)  LEVEL 3

24  39.061             3rd      Escapes from juvenile facility

25                              (secure detention or residential

26                              commitment facility).

27  319.30(4)          3rd      Possession by junkyard of motor

28                              vehicle with identification

29                              number plate removed.

30

31

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

  2                              title to a motor vehicle or

  3                              mobile home.

  4  319.33(1)(c)       3rd      Procure or pass title on stolen

  5                              vehicle.

  6  319.33(4)          3rd      With intent to defraud, possess,

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

  8                              unlawfully obtained title or

  9                              registration.

10  328.05(2)          3rd      Possess, sell, or counterfeit

11                              fictitious, stolen, or fraudulent

12                              titles or bills of sale of

13                              vessels.

14  328.07(4)          3rd      Manufacture, exchange, or possess

15                              vessel with counterfeit or wrong

16                              ID number.

17  376.302(5)         3rd      Fraud related to reimbursement

18                              for cleanup expenses under the

19                              Inland Protection Trust Fund.

20  501.001(2)(b)      2nd      Tampers with a consumer product

21                              or the container using materially

22                              false/misleading information.

23  697.08             3rd      Equity skimming.

24  790.15(3)          3rd      Person directs another to

25                              discharge firearm from a vehicle.

26  796.05(1)          3rd      Live on earnings of a prostitute.

27  806.10(1)          3rd      Maliciously injure, destroy, or

28                              interfere with vehicles or

29                              equipment used in firefighting.

30

31

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  1  806.10(2)          3rd      Interferes with or assaults

  2                              firefighter in performance of

  3                              duty.

  4  810.09(2)(c)       3rd      Trespass on property other than

  5                              structure or conveyance armed

  6                              with firearm or dangerous weapon.

  7  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

  8                              less than $10,000.

  9  815.04(4)(b)       2nd      Computer offense devised to

10                              defraud or obtain property.

11  817.034(4)(a)3.    3rd      Engages in scheme to defraud

12                              (Florida Communications Fraud

13                              Act), property valued at less

14                              than $20,000.

15  817.233            3rd      Burning to defraud insurer.

16  828.12(2)          3rd      Tortures any animal with intent

17                              to inflict intense pain, serious

18                              physical injury, or death.

19  831.29             2nd      Possession of instruments for

20                              counterfeiting drivers' licenses.

21  838.021(3)(b)      3rd      Threatens unlawful harm to public

22                              servant.

23  843.19             3rd      Injure, disable, or kill police

24                              dog or horse.

25  870.01(2)          3rd      Riot; inciting or encouraging.

26  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

27                              cannabis (or other s.

28                              893.03(1)(c), (2)(c), (3), or (4)

29                              drugs).

30

31

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

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

  3                              drugs within 200 feet of

  4                              university, public housing

  5                              facility, or public park.

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

  7                              substance other than felony

  8                              possession of cannabis.

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

10                              controlled substance by fraud,

11                              forgery, misrepresentation, etc.

12  893.13(7)(a)11.    3rd      Furnish false or fraudulent

13                              material information on any

14                              document or record required by

15                              chapter 893.

16  918.13(1)(a)       3rd      Alter, destroy, or conceal

17                              investigation evidence.

18  944.401            3rd      Escapes from juvenile facility

19                              (secure detention or residential

20                              commitment facility).

21  944.47

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

23                              correctional facility.

24  944.47(1)(c)       2nd      Possess contraband while upon the

25                              grounds of a correctional

26                              institution.

27

28         Reviser's note.--Amended to conform to the

29         transfer of s. 39.061 to s. 944.401 by s. 113,

30         ch. 97-238, Laws of Florida.

31

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  1         Section 55.  Subsection (2) of section 938.17, Florida

  2  Statutes, is amended to read:

  3         938.17  County delinquency prevention.--

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

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

  6  985.209 39.0471, or a partner in a suspension program

  7  developed in conjunction with the district school board in the

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

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

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

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

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

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

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

15  or misdemeanor, or a criminal traffic offense or handicapped

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

17  municipal or county ordinance, if the violation constitutes a

18  misdemeanor under state law.

19

20         Reviser's note.--Amended to conform to the

21         transfer of s. 39.0471 to s. 985.209 by s. 17,

22         ch. 97-238, Laws of Florida.

23

24

25         Section 56.  Subsection (1) of section 943.0515,

26  Florida Statutes, is amended to read:

27         943.0515  Retention of criminal history records of

28  minors.--

29         (1)(a)  The Division of Criminal Justice Information

30  Systems shall retain the criminal history record of a minor

31  who is classified as a serious or habitual juvenile offender

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  1  under chapter 985 39 for 5 years after the date the offender

  2  reaches 21 years of age, at which time the record shall be

  3  expunged unless it meets the criteria of paragraph (2)(a) or

  4  paragraph (2)(b).

  5         (b)  If the minor is not classified as a serious or

  6  habitual juvenile offender under chapter 985 39, the division

  7  shall retain the minor's criminal history record for 5 years

  8  after the date the minor reaches 19 years of age, at which

  9  time the record shall be expunged unless it meets the criteria

10  of paragraph (2)(a) or paragraph (2)(b).

11

12         Reviser's note.--Amended to conform to the

13         transfer of s. 39.058, relating to the serious

14         or habitual juvenile offender program, to s.

15         985.31 by s. 54, ch. 97-238, Laws of Florida.

16

17

18         Section 57.  Paragraph (a) of subsection (4) of section

19  943.0585, Florida Statutes, is amended to read:

20         943.0585  Court-ordered expunction of criminal history

21  records.--The courts of this state have jurisdiction over

22  their own procedures, including the maintenance, expunction,

23  and correction of judicial records containing criminal history

24  information to the extent such procedures are not inconsistent

25  with the conditions, responsibilities, and duties established

26  by this section.  Any court of competent jurisdiction may

27  order a criminal justice agency to expunge the criminal

28  history record of a minor or an adult who complies with the

29  requirements of this section.  The court shall not order a

30  criminal justice agency to expunge a criminal history record

31  until the person seeking to expunge a criminal history record

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  1  has applied for and received a certificate of eligibility for

  2  expunction pursuant to subsection (2).  A criminal history

  3  record that relates to a violation of chapter 794, s. 800.04,

  4  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  5  violation enumerated in s. 907.041 may not be expunged,

  6  without regard to whether adjudication was withheld, if the

  7  defendant was found guilty of or pled guilty or nolo

  8  contendere to the offense, or if the defendant, as a minor,

  9  was found to have committed, or pled guilty or nolo contendere

10  to committing, the offense as a delinquent act. The court may

11  only order expunction of a criminal history record pertaining

12  to one arrest or one incident of alleged criminal activity,

13  except as provided in this section. The court may, at its sole

14  discretion, order the expunction of a criminal history record

15  pertaining to more than one arrest if the additional arrests

16  directly relate to the original arrest. If the court intends

17  to order the expunction of records pertaining to such

18  additional arrests, such intent must be specified in the

19  order. A criminal justice agency may not expunge any record

20  pertaining to such additional arrests if the order to expunge

21  does not articulate the intention of the court to expunge a

22  record pertaining to more than one arrest. This section does

23  not prevent the court from ordering the expunction of only a

24  portion of a criminal history record pertaining to one arrest

25  or one incident of alleged criminal activity.  Notwithstanding

26  any law to the contrary, a criminal justice agency may comply

27  with laws, court orders, and official requests of other

28  jurisdictions relating to expunction, correction, or

29  confidential handling of criminal history records or

30  information derived therefrom.  This section does not confer

31  any right to the expunction of any criminal history record,

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  1  and any request for expunction of a criminal history record

  2  may be denied at the sole discretion of the court.

  3         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  4  criminal history record of a minor or an adult which is

  5  ordered expunged by a court of competent jurisdiction pursuant

  6  to this section must be physically destroyed or obliterated by

  7  any criminal justice agency having custody of such record;

  8  except that any criminal history record in the custody of the

  9  department must be retained in all cases. A criminal history

10  record ordered expunged that is retained by the department is

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

12  and s. 24(a), Art. I of the State Constitution and not

13  available to any person or entity except upon order of a court

14  of competent jurisdiction. A criminal justice agency may

15  retain a notation indicating compliance with an order to

16  expunge.

17         (a)  The person who is the subject of a criminal

18  history record that is expunged under this section or under

19  other provisions of law, including former s. 893.14, former s.

20  901.33, and former s. 943.058, may lawfully deny or fail to

21  acknowledge the arrests covered by the expunged record, except

22  when the subject of the record:

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s. 943.059;

28         4.  Is a candidate for admission to The Florida Bar;

29         5.  Is seeking to be employed or licensed by or to

30  contract with the Department of Children and Family Health and

31  Rehabilitative Services or the Department of Juvenile Justice

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  1  or to be employed or used by such contractor or licensee in a

  2  sensitive position having direct contact with children, the

  3  developmentally disabled, the aged, or the elderly as provided

  4  in s. 39.076, s. 110.1127(3), s. 393.063(14), s. 394.4572(1),

  5  s. 397.451, s. 402.302(8), s. 402.313(3), s. 409.175(2)(i), s.

  6  415.102(4), s. 415.1075(4), s. 985.407, or chapter 400; or

  7         6.  Is seeking to be employed or licensed by the Office

  8  of Teacher Education, Certification, Staff Development, and

  9  Professional Practices of the Department of Education, any

10  district school board, or any local governmental entity that

11  licenses child care facilities.

12

13         Reviser's note.--Amended to conform to the

14         creation of the Department of Children and

15         Family Services by s. 5, ch. 96-403, Laws of

16         Florida; creation of the Department of Juvenile

17         Justice by s. 1, ch. 94-209, Laws of Florida;

18         and the transfer of s. 39.076 to s. 985.407 by

19         s. 67, ch. 97-238, Laws of Florida.

20

21

22         Section 58.  Paragraph (a) of subsection (4) of section

23  943.059, Florida Statutes, is amended to read:

24         943.059  Court-ordered sealing of criminal history

25  records.--The courts of this state shall continue to have

26  jurisdiction over their own procedures, including the

27  maintenance, sealing, and correction of judicial records

28  containing criminal history information to the extent such

29  procedures are not inconsistent with the conditions,

30  responsibilities, and duties established by this section.  Any

31  court of competent jurisdiction may order a criminal justice

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  1  agency to seal the criminal history record of a minor or an

  2  adult who complies with the requirements of this section.  The

  3  court shall not order a criminal justice agency to seal a

  4  criminal history record until the person seeking to seal a

  5  criminal history record has applied for and received a

  6  certificate of eligibility for sealing pursuant to subsection

  7  (2).  A criminal history record that relates to a violation of

  8  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

  9  s. 893.135, or a violation enumerated in s. 907.041 may not be

10  sealed, without regard to whether adjudication was withheld,

11  if the defendant was found guilty of or pled guilty or nolo

12  contendere to the offense, or if the defendant, as a minor,

13  was found to have committed or pled guilty or nolo contendere

14  to committing the offense as a delinquent act.  The court may

15  only order sealing of a criminal history record pertaining to

16  one arrest or one incident of alleged criminal activity,

17  except as provided in this section. The court may, at its sole

18  discretion, order the sealing of a criminal history record

19  pertaining to more than one arrest if the additional arrests

20  directly relate to the original arrest.  If the court intends

21  to order the sealing of records pertaining to such additional

22  arrests, such intent must be specified in the order.  A

23  criminal justice agency may not seal any record pertaining to

24  such additional arrests if the order to seal does not

25  articulate the intention of the court to seal records

26  pertaining to more than one arrest.  This section does not

27  prevent the court from ordering the sealing of only a portion

28  of a criminal history record pertaining to one arrest or one

29  incident of alleged criminal activity. Notwithstanding any law

30  to the contrary, a criminal justice agency may comply with

31  laws, court orders, and official requests of other

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  1  jurisdictions relating to sealing, correction, or confidential

  2  handling of criminal history records or information derived

  3  therefrom.  This section does not confer any right to the

  4  sealing of any criminal history record, and any request for

  5  sealing a criminal history record may be denied at the sole

  6  discretion of the court.

  7         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

  8  criminal history record of a minor or an adult which is

  9  ordered sealed by a court of competent jurisdiction pursuant

10  to this section is confidential and exempt from the provisions

11  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

12  and is available only to the person who is the subject of the

13  record, to the subject's attorney, to criminal justice

14  agencies for their respective criminal justice purposes, or to

15  those entities set forth in subparagraphs (a)1., 4., 5., and

16  6. for their respective licensing and employment purposes.

17         (a)  The subject of a criminal history record sealed

18  under this section or under other provisions of law, including

19  former s. 893.14, former s. 901.33, and former s. 943.058, may

20  lawfully deny or fail to acknowledge the arrests covered by

21  the sealed record, except when the subject of the record:

22         1.  Is a candidate for employment with a criminal

23  justice agency;

24         2.  Is a defendant in a criminal prosecution;

25         3.  Concurrently or subsequently petitions for relief

26  under this section or s. 943.0585;

27         4.  Is a candidate for admission to The Florida Bar;

28         5.  Is seeking to be employed or licensed by or to

29  contract with the Department of Children and Family Health and

30  Rehabilitative Services or the Department of Juvenile Justice

31  or to be employed or used by such contractor or licensee in a

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  1  sensitive position having direct contact with children, the

  2  developmentally disabled, the aged, or the elderly as provided

  3  in s. 39.076, s. 110.1127(3), s. 393.063(14), s. 394.4572(1),

  4  s. 397.451, s. 402.302(8), s. 402.313(3), s. 409.175(2)(i), s.

  5  415.102(4), s. 415.103, s. 985.407, or chapter 400; or

  6         6.  Is seeking to be employed or licensed by the Office

  7  of Teacher Education, Certification, Staff Development, and

  8  Professional Practices of the Department of Education, any

  9  district school board, or any local governmental entity which

10  licenses child care facilities.

11

12         Reviser's note.--Amended to conform to the

13         creation of the Department of Children and

14         Family Services by s. 5, ch. 96-403, Laws of

15         Florida, and the transfer of s. 39.076 to s.

16         985.407 by s. 67, ch. 97-238, Laws of Florida.

17

18

19         Section 59.  Section 944.401, Florida Statutes, is

20  amended to read:

21         944.401  Escapes from secure detention or residential

22  commitment facility.--An escape from any secure detention

23  facility maintained for the temporary detention of children,

24  pending adjudication, disposition, or placement; an escape

25  from any residential commitment facility defined in s.

26  985.03(45) 39.01(59), maintained for the custody, treatment,

27  punishment, or rehabilitation of children found to have

28  committed delinquent acts or violations of law; or an escape

29  from lawful transportation thereto or therefrom constitutes

30  escape within the intent and meaning of s. 944.40 and is a

31

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  1  felony of the third degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3

  4         Reviser's note.--Amended to conform to the

  5         legislative directive in s. 122, ch. 97-238,

  6         Laws of Florida.

  7

  8

  9         Section 60.  The introductory paragraph of subsection

10  (2) of section 948.51, Florida Statutes, is amended to read:

11         948.51  Community corrections assistance to counties or

12  county consortiums.--

13         (2)  ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

14  county, or a consortium of two or more counties, may contract

15  with the Department of Corrections for community corrections

16  funds as provided in this section.  In order to enter into a

17  community corrections partnership contract, a county or county

18  consortium must have a public safety coordinating council

19  established under s. 951.26 and must designate a county

20  officer or agency to be responsible for administering

21  community corrections funds received from the state.  The

22  public safety coordinating council shall prepare, develop, and

23  implement a comprehensive public safety plan for the county,

24  or the geographic area represented by the county consortium,

25  and shall submit an annual report to the Department of

26  Corrections concerning the status of the program. In preparing

27  the comprehensive public safety plan, the public safety

28  coordinating council shall cooperate with the district

29  juvenile justice board, established under s. 985.413, and the

30  county juvenile justice council, established under s. 985.414

31  39.025, in order to include programs and services for

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  1  juveniles in the plan. To be eligible for community

  2  corrections funds under the contract, the initial public

  3  safety plan must be approved by the governing board of the

  4  county, or the governing board of each county within the

  5  consortium, and the Secretary of Corrections based on the

  6  requirements of this section. If one or more other counties

  7  develop a unified public safety plan, the public safety

  8  coordinating council shall submit a single application to the

  9  department for funding. Continued contract funding shall be

10  pursuant to subsection (5)(6). The plan for a county or county

11  consortium must cover at least a 5-year period and must

12  include:

13

14         Reviser's note.--Amended to conform to the

15         transfer of the provisions of s. 39.025,

16         relating to district juvenile justice boards to

17         s. 985.413 by s. 73, ch. 97-238, Laws of

18         Florida; the creation of s. 985.414, relating

19         to county juvenile justice councils, by s. 74,

20         ch. 97-238; and the redesignation of subsection

21         (6) as subsection (5) by s. 43, ch. 95-283,

22         Laws of Florida.

23

24

25         Section 61.  Paragraph (a) of subsection (1) of section

26  958.04, Florida Statutes, is amended to read:

27         958.04  Judicial disposition of youthful offenders.--

28         (1)  The court may sentence as a youthful offender any

29  person:

30

31

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  1         (a)  Who is at least 18 years of age or who has been

  2  transferred for prosecution to the criminal division of the

  3  circuit court pursuant to chapter 985 39;

  4

  5         Reviser's note.--Amended to conform to the

  6         legislative directive in s. 122, ch. 97-238,

  7         Laws of Florida.

  8

  9

10         Section 62.  Section 958.046, Florida Statutes, is

11  amended to read:

12         958.046  Placement in county-operated boot camp

13  programs for youthful offenders.--In counties where there are

14  county-operated youthful offender boot camp programs, other

15  than boot camps described in s. 39.057 or s. 958.04 or s.

16  985.309, the court may sentence a youthful offender to such a

17  boot camp.  In county-operated youthful offender boot camp

18  programs, juvenile offenders shall not be commingled with

19  youthful offenders.

20

21         Reviser's note.--Amended to conform to the

22         transfer of s. 39.057 to s. 985.309 by s. 53,

23         ch. 97-238, Laws of Florida.

24

25

26         Section 63.  Paragraphs (b) and (j) of subsection (1)

27  of section 960.001, Florida Statutes, are amended to read:

28         960.001  Guidelines for fair treatment of victims and

29  witnesses in the criminal justice and juvenile justice

30  systems.--

31

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  1         (1)  The Department of Legal Affairs, the state

  2  attorneys, the Department of Corrections, the Department of

  3  Juvenile Justice, the Parole Commission, the State Courts

  4  Administrator and circuit court administrators, the Department

  5  of Law Enforcement, and every sheriff's department, police

  6  department, or other law enforcement agency as defined in s.

  7  943.10(4) shall develop and implement guidelines for the use

  8  of their respective agencies, which guidelines are consistent

  9  with the purposes of this act and s. 16(b), Art. I of the

10  State Constitution and are designed to implement the

11  provisions of s. 16(b), Art. I of the State Constitution and

12  to achieve the following objectives:

13         (b)  Information for purposes of notifying victim or

14  appropriate next of kin of victim or other designated contact

15  of victim.--In the case of a homicide, pursuant to chapter

16  782; or a sexual offense, pursuant to chapter 794; or an

17  attempted murder or sexual offense, pursuant to chapter 777;

18  or stalking, pursuant to s. 784.048; or domestic violence,

19  pursuant to s. 25.385:

20         1.  The arresting law enforcement officer or personnel

21  of an organization that provides assistance to a victim or to

22  the appropriate next of kin of the victim or other designated

23  contact must request that the victim or appropriate next of

24  kin of the victim or other designated contact complete a

25  victim notification card.  However, the victim or appropriate

26  next of kin of the victim or other designated contact may

27  choose not to complete the victim notification card.

28         2.  Unless the victim or the appropriate next of kin of

29  the victim or other designated contact waives the option to

30  complete the victim notification card, a copy of the victim

31  notification card must be filed with the incident report or

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  1  warrant in the sheriff's office of the jurisdiction in which

  2  the incident report or warrant originated. The notification

  3  card shall, at a minimum, consist of:

  4         a.  The name, address, and phone number of the victim;

  5  or

  6         b.  The name, address, and phone number of the

  7  appropriate next of kin of the victim; or

  8         c.  The name, address, and phone number of a designated

  9  contact other than the victim or appropriate next of kin of

10  the victim; and

11         d.  Any relevant identification or case numbers

12  assigned to the case.

13         3.  The chief administrator, or a person designated by

14  the chief administrator, of a county jail, municipal jail,

15  juvenile detention facility, or residential commitment

16  facility shall make a reasonable attempt to notify the alleged

17  victim or appropriate next of kin of the alleged victim or

18  other designated contact within 4 hours following the release

19  of the defendant on bail or, in the case of a juvenile

20  offender, upon the release from residential detention or

21  commitment.  If the chief administrator, or designee, is

22  unable to contact the alleged victim or appropriate next of

23  kin of the alleged victim or other designated contact by

24  telephone, the chief administrator, or designee, must send to

25  the alleged victim or appropriate next of kin of the alleged

26  victim or other designated contact a written notification of

27  the defendant's release.

28         4.  Unless otherwise requested by the victim or the

29  appropriate next of kin of the victim or other designated

30  contact, the information contained on the victim notification

31  card must be sent by the chief administrator, or designee, of

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  1  the appropriate facility to the subsequent correctional or

  2  residential commitment facility following the sentencing and

  3  incarceration of the defendant, and unless otherwise requested

  4  by the victim or the appropriate next of kin of the victim or

  5  other designated contact, he or she must be notified of the

  6  release of the defendant from incarceration as provided by

  7  law.

  8         5.  If the defendant was arrested pursuant to a warrant

  9  issued or taken into custody pursuant to s. 985.207 39.037 in

10  a jurisdiction other than the jurisdiction in which the

11  defendant is being released, and the alleged victim or

12  appropriate next of kin of the alleged victim or other

13  designated contact does not waive the option for notification

14  of release, the chief correctional officer or chief

15  administrator of the facility releasing the defendant shall

16  make a reasonable attempt to immediately notify the chief

17  correctional officer of the jurisdiction in which the warrant

18  was issued or the juvenile was taken into custody pursuant to

19  s. 985.207 39.037, and the chief correctional officer of that

20  jurisdiction shall make a reasonable attempt to notify the

21  alleged victim or appropriate next of kin of the alleged

22  victim or other designated contact, as provided in this

23  paragraph, that the defendant has been or will be released.

24         (j)  Notification of right to request restitution.--Law

25  enforcement agencies and the state attorney shall inform the

26  victim of the victim's right to request and receive

27  restitution pursuant to s. 39.054(1)(a) or s. 775.089 or s.

28  985.231(1)(a)1., and of the victim's rights of enforcement

29  under ss. 39.022 and 775.089(6) and 985.201 in the event an

30  offender does not comply with a restitution order. The state

31  attorney shall seek the assistance of the victim in the

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  1  documentation of the victim's losses for the purpose of

  2  requesting and receiving restitution. In addition, the state

  3  attorney shall inform the victim if and when restitution is

  4  ordered.

  5

  6         Reviser's note.--Paragraph (1)(b) was amended

  7         to conform to the transfer of s. 39.037 to s.

  8         985.207 by s. 15, ch. 97-238, Laws of Florida.

  9         Paragraph (1)(j) was amended to conform to the

10         legislative directive in s. 122, ch. 97-238,

11         and to conform to the transfer of s. 39.022 to

12         s. 985.201 by s. 9, ch. 97-238.

13

14

15         Section 64.  Subsection (40) of section 984.03, Florida

16  Statutes, is amended to read:

17         984.03  Definitions.--When used in this chapter, the

18  term:

19         (40)  "Parent" means a woman who gives birth to a child

20  and a man whose consent to the adoption of the child would be

21  required under s. 63.062(1)(b). If a child has been legally

22  adopted, the term "parent" means the adoptive mother or father

23  of the child. The term does not include an individual whose

24  parental relationship to the child has been legally

25  terminated, or an alleged or prospective parent, unless the

26  parental status falls within the terms of either s. 39.4051(1)

27  39.4051(7) or s. 63.062(1)(b).

28

29         Reviser's note.--Amended to conform to the

30         reference to parental status in s. 39.4051(1);

31

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  1         s. 39.4051(7) relates to release of

  2         information.

  3

  4

  5         Section 65.  Subsection (1) of section 984.04, Florida

  6  Statutes, is amended to read:

  7         984.04  Families in need of services and children in

  8  need of services; procedures and jurisdiction.--

  9         (1)  It is the intent of the Legislature to address the

10  problems of families in need of services by providing them

11  with an array of services designed to preserve the unity and

12  integrity of the family and to emphasize parental

13  responsibility for the behavior of their children. Services to

14  families in need of services and children in need of services

15  shall be provided on a continuum of increasing intensity and

16  participation by the parent and child. Judicial intervention

17  to resolve the problems and conflicts that exist within a

18  family shall be limited to situations in which a resolution to

19  the problem or conflict has not been achieved through service,

20  treatment, and family intervention after all available less

21  restrictive resources have been exhausted. In creating this

22  chapter part, the Legislature recognizes the need to

23  distinguish the problems of truants, runaways, and children

24  beyond the control of their parents, and the services provided

25  to these children, from the problems and services designed to

26  meet the needs of abandoned, abused, neglected, and delinquent

27  children. In achieving this recognition, it shall be the

28  policy of the state to develop short-term, temporary services

29  and programs utilizing the least restrictive method for

30  families in need of services and children in need of services.

31

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  1         Reviser's note.--Amended to conform to the

  2         arrangement of chapter 984, which is not

  3         divided into parts.

  4

  5

  6         Section 66.  Section 984.05, Florida Statutes, is

  7  amended to read:

  8         984.05  Rules relating to habitual truants; adoption by

  9  Department of Education and Department of Juvenile

10  Justice.--The Department of Juvenile Justice and the

11  Department of Education shall work together on the development

12  of, and shall adopt, rules as necessary for the implementation

13  of ss. 232.19, and 984.03(29), and 985.03(27).

14

15         Reviser's note.--Amended to conform to the

16         legislative directive in s. 122, ch. 97-238,

17         Laws of Florida.

18

19

20         Section 67.  Section 984.071, Florida Statutes, is

21  amended to read:

22         984.071  Information packet.--The Department of

23  Juvenile Justice, in collaboration with the Department of

24  Children and Family Services and the Department of Education,

25  shall develop and publish an information packet that explains

26  the current process under this chapter part IV of chapter 39

27  for obtaining assistance for a child in need of services or a

28  family in need of services and the community services and

29  resources available to parents of troubled or runaway

30  children. In preparing the information packet, the Department

31  of Juvenile Justice shall work with school district

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  1  superintendents, juvenile court judges, county sheriffs, and

  2  other local law enforcement officials in order to ensure that

  3  the information packet lists services and resources that are

  4  currently available within the county in which the packet is

  5  distributed. Each information packet shall be annually updated

  6  and shall be available for distribution by January 1, 1998.

  7  The school district shall distribute this information packet

  8  to parents of truant children and to other parents upon

  9  request or as deemed appropriate by the school district. In

10  addition, the Department of Juvenile Justice shall distribute

11  the information packet to state and local law enforcement

12  agencies. Any law enforcement officer who has contact with the

13  parent of a child who is locked out of the home or who runs

14  away from home shall make the information available to the

15  parent.

16

17         Reviser's note.--Amended to conform to the

18         legislative directive in s. 122, ch. 97-238,

19         Laws of Florida.

20

21

22         Section 68.  Subsection (3) of section 984.10, Florida

23  Statutes, is amended to read:

24         984.10  Intake.--

25         (3)  If the representative of the department determines

26  that in his or her judgment the interests of the family, the

27  child, and the public will be best served by providing the

28  family and child services and treatment voluntarily accepted

29  by the child and the parents or legal custodians, the

30  departmental representative may refer the family or child to

31  an appropriate service and treatment provider. As part of the

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  1  intake procedure, the departmental representative shall inform

  2  the parent or legal custodian, in writing, of the services and

  3  treatment available to the child and family by department

  4  providers or community agencies and the rights and

  5  responsibilities of the parent or legal guardian under this

  6  chapter part.

  7

  8         Reviser's note.--Amended to conform to the

  9         arrangement of chapter 984, which is not

10         divided into parts.

11

12

13         Section 69.  Paragraphs (a) and (c) of subsection (3)

14  of section 984.15, Florida Statutes, are amended to read:

15         984.15  Petition for a child in need of services.--

16         (3)(a)  The parent, guardian, or legal custodian may

17  file a petition alleging that a child is a child in need of

18  services if:

19         1.  The department waives the requirement for a case

20  staffing committee.

21         2.  The department fails to convene a meeting of the

22  case staffing committee within 7 days, excluding weekends and

23  legal holidays, after receiving a written request for such a

24  meeting from the child's parent, guardian, or legal custodian.

25         3.  The parent, guardian, or legal custodian does not

26  agree with the plan for services offered by the case staffing

27  committee.

28         4.  The department fails to provide a written report

29  within 7 days after the case staffing committee meets, as

30  required under s. 984.12(8) 39.426(8).

31

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  1         (c)  The petition must be in writing and must set forth

  2  specific facts alleging that the child is a child in need of

  3  services as defined in s. 984.03 39.01. The petition must also

  4  demonstrate that the parent, guardian, or legal custodian has

  5  in good faith, but unsuccessfully, participated in the

  6  services and processes described in ss. 984.11 39.424 and

  7  984.12 39.426.

  8

  9         Reviser's note.--Paragraph (3)(a) is amended to

10         conform to the transfer of s. 39.426(8) to s.

11         984.12(8) by s. 98, ch. 97-238, Laws of

12         Florida. Paragraph (3)(c) is amended to conform

13         to the correct location of the definition and

14         the transfer of ss. 39.424 and 39.426 to ss.

15         984.11 and 984.12 by ss. 97 and 98, ch. 97-238,

16         respectively.

17

18

19         Section 70.  Subsection (5) of section 984.16, Florida

20  Statutes, is amended to read:

21         984.16  Process and service.--

22         (5)  The jurisdiction of the court shall attach to the

23  child and the parent, custodian, or legal guardian of the

24  child and the case when the summons is served upon the child

25  or a parent or legal or actual custodian of the child or when

26  the child is taken into custody with or without service of

27  summons and after filing of a petition for a child in need of

28  services, and thereafter the court may control the child and

29  case in accordance with this chapter part.

30

31

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  1         Reviser's note.--Amended to conform to the

  2         arrangement of chapter 984, which is not

  3         divided into parts.

  4

  5

  6         Section 71.  Paragraph (c) of subsection (1) of section

  7  984.20, Florida Statutes, is amended to read:

  8         984.20  Hearings for child-in-need-of-services cases.--

  9         (1)  ARRAIGNMENT HEARING.--

10         (c)  If at the arraignment hearing the child and the

11  parent, guardian, or custodian consents or admits to the

12  allegations in the petition and the court determines that the

13  petition meets the requirements of s. 984.15(3)(e)

14  39.436(3)(e), the court shall proceed to hold a disposition

15  hearing at the earliest practicable time that will allow for

16  the completion of a predisposition study.

17

18         Reviser's note.--Amended to conform to the

19         transfer of s. 39.436 to s. 984.15 by s. 101,

20         ch. 97-238, Laws of Florida.

21

22

23         Section 72.  Subsections (2) and (3) of section 984.21,

24  Florida Statutes, are amended to read:

25         984.21  Orders of adjudication.--

26         (2)  If the court finds that the child named in the

27  petition is a child in need of services, but finds that no

28  action other than supervision in the home is required, it may

29  enter an order briefly stating the facts upon which its

30  finding is based, but withholding an order of adjudication and

31  placing the child and family under the supervision of the

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  1  department.  If the court later finds that the parent,

  2  guardian, or custodian of the child have not complied with the

  3  conditions of supervision imposed, the court may, after a

  4  hearing to establish the noncompliance, but without further

  5  evidence of the state of the child in need of services, enter

  6  an order of adjudication and shall thereafter have full

  7  authority under this chapter part to provide for the child as

  8  adjudicated.

  9         (3)  If the court finds that the child named in a

10  petition is a child in need of services, but elects not to

11  proceed under subsection (2), it shall incorporate that

12  finding in an order of adjudication entered in the case,

13  briefly stating the facts upon which the finding is made, and

14  the court shall thereafter have full authority under this

15  chapter part to provide for the child as adjudicated.

16

17         Reviser's note.--Amended to conform to the

18         arrangement of chapter 984, which is not

19         divided into parts.

20

21

22         Section 73.  Subsection (4) of section 984.22, Florida

23  Statutes, is amended to read:

24         984.22  Powers of disposition.--

25         (4)  All payments of fees made to the department

26  pursuant to this chapter, or child support payments made to

27  the department pursuant to subsection (3), shall be deposited

28  in the General Revenue Fund. In cases in which the child is

29  placed in foster care with the Department of Children and

30  Family Services, such child support payments shall be

31  deposited in the Community Resources Development Foster Care,

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  1  Group Home, Developmental Training, and Supported Employment

  2  Programs Trust Fund.

  3

  4         Reviser's note.--Amended to conform to the

  5         redesignation of the Foster Care, Group Home,

  6         Developmental Training, and Supported

  7         Employment Programs Trust Fund as the Community

  8         Resources Development Trust Fund by s. 52, ch.

  9         96-418, Laws of Florida.

10

11

12         Section 74.  Paragraph (b) of subsection (1) and

13  subsections (5) and (6) of section 984.225, Florida Statutes,

14  are amended to read:

15         984.225  Powers of disposition; placement in a

16  staff-secure shelter.--

17         (1)  Subject to specific legislative appropriation, the

18  court may order that a child adjudicated as a child in need of

19  services be placed for up to 90 days in a staff-secure shelter

20  if:

21         (b)  The child refuses to remain under the reasonable

22  care and custody of his or her parent, guardian, or legal

23  custodian, as evidenced by repeatedly running away from home.

24  The court may not order that a child be placed in a

25  staff-secure facility unless:

26         1.  The child has failed to successfully complete an

27  alternative treatment program or to comply with a

28  court-ordered sanction; and

29         2.  The child has been placed in a residential program

30  on at least one prior occasion pursuant to a court order under

31  this chapter part.

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  1

  2  This subsection applies after other alternative,

  3  less-restrictive remedies have been exhausted. The court may

  4  order that a child be placed in a staff-secure shelter. The

  5  department, or an authorized representative of the department,

  6  must verify to the court that a bed is available for the

  7  child. If the department or an authorized representative of

  8  the department verifies that a bed is not available, the court

  9  shall stay the placement until a bed is available. The

10  department will place the child's name on a waiting list. The

11  child who has been on the waiting list the longest will get

12  the next available bed.

13         (5)  The department is deemed to have exhausted the

14  reasonable remedies offered under this chapter part if, at the

15  end of the commitment period, the parent, guardian, or legal

16  custodian continues to refuse to allow the child to remain at

17  home or creates unreasonable conditions for the child's

18  return. If, at the end of the commitment period, the child is

19  not reunited with his or her parent, guardian, or custodian

20  due solely to the continued refusal of the parent, guardian,

21  or custodian to provide food, clothing, shelter, and parental

22  support, the child is considered to be threatened with harm as

23  a result of such acts or omissions, and the court shall direct

24  that the child be handled in every respect as a dependent

25  child. Jurisdiction shall be transferred to the Department of

26  Children and Family Services and the child's care shall be

27  governed under parts II III and III of chapter 39 V.

28         (6)  The court shall review the child's commitment once

29  every 45 days as provided in s. 984.20 39.44. The court shall

30  determine if the parent, guardian, or custodian has reasonably

31  participated in and financially contributed to the child's

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  1  counseling and treatment program. The court shall also

  2  determine whether the department's efforts to reunite the

  3  family have been reasonable. If the court finds an inadequate

  4  level of support or participation by the parent, guardian, or

  5  custodian prior to the end of the commitment period, the court

  6  shall direct that the child be handled in every respect as a

  7  dependent child. Jurisdiction shall be transferred to the

  8  Department of Children and Family Services and the child's

  9  care shall be governed under parts II III and III of chapter

10  39 V.

11

12         Reviser's note.--Paragraph (1)(b) and

13         subsection (5) are amended to conform to the

14         arrangement of chapter 984, which is not

15         divided into parts.  Subsections (5) and (6)

16         are amended to conform to the redesignation of

17         parts III and V of chapter 39 as parts II and

18         III necessitated by the repeal and transfer of

19         the provisions of former parts II and IV by ch.

20         97-238, Laws of Florida, and the assignment of

21         this section at its present location to conform

22         to the legislative directive in s. 122, ch.

23         97-238.  Subsection (6) is also amended to

24         conform to the transfer of s. 39.44 to s.

25         984.20 by s. 106, ch. 97-238.

26

27

28         Section 75.  Subsections (1), (2), and (4) of section

29  984.226, Florida Statutes, are amended to read:

30         984.226  Pilot program for a physically secure

31  facility; contempt of court.--

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  1         (1)  Subject to specific legislative appropriation, the

  2  Department of Juvenile Justice shall establish a pilot program

  3  within a single judicial circuit for the purpose of operating

  4  one or more physically secure facilities designated

  5  exclusively for the placement of children in need of services

  6  who are found in direct contempt or indirect contempt of a

  7  valid court order. If any party files a petition that a child

  8  is a child in need of services within such judicial circuit,

  9  the child must be represented by counsel at each court

10  appearance. If the child is indigent, the court shall appoint

11  an attorney to represent the child as provided under s.

12  985.203 39.041. Nothing precludes the court from requesting

13  reimbursement of attorney's fees and costs from the

14  nonindigent parent or legal guardian.

15         (2)  If a child adjudicated as a child in need of

16  services is held in direct contempt or indirect contempt of a

17  valid court order, as an alternative to placing the child in a

18  staff-secure facility as provided under s. 39.0145 or s.

19  984.225 or s. 985.216, the court may order that the child be

20  placed within the circuit in a physically secure facility

21  operated under the pilot program. A child may be committed to

22  the facility only if the department, or an authorized

23  representative of the department, verifies to the court that a

24  bed is available for the child at the physically secure

25  facility and the child has:

26         (a)  Run away from a staff-secure shelter following

27  placement under s. 39.0145 or s. 984.225 or s. 985.216; or

28         (b)  Committed at least two prior acts of direct or

29  indirect contempt.

30         (4)  Prior to being committed to a physically secure

31  facility, the child must be afforded all rights of due process

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  1  required under s. 985.216 39.0145. While in the physically

  2  secure facility, the child shall receive appropriate

  3  assessment, treatment, and educational services that are

  4  designed to eliminate or reduce the child's truant,

  5  ungovernable, or runaway behavior. The child and family shall

  6  be provided with family counseling and other support services

  7  necessary for reunification.

  8

  9         Reviser's note.--Amended to conform to the

10         transfer of s. 39.041 to s. 985.203 by s. 11,

11         ch. 97-238, Laws of Florida, and the transfer

12         of s. 39.0145 to s. 985.216 by s. 24, ch.

13         97-238.

14

15

16         Section 76.  Section 984.23, Florida Statutes, is

17  amended to read:

18         984.23  Court and witness fees.--In all proceedings

19  under this chapter part, no court fees shall be charged

20  against, and no witness fees shall be allowed to, any party to

21  a petition or any parent or legal custodian or child named in

22  a summons.  Other witnesses shall be paid the witness fees

23  fixed by law.

24

25         Reviser's note.--Amended to conform to the

26         arrangement of chapter 984, which is not

27         divided into parts.

28

29

30         Section 77.  Section 984.24, Florida Statutes, is

31  amended to read:

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  1         984.24  Appeal.--The state, any child, or the family,

  2  guardian ad litem, or legal custodian of any child who is

  3  affected by an order of the court pursuant to this chapter

  4  part may appeal to the appropriate district court of appeal

  5  within the time and in the manner prescribed by the Florida

  6  Rules of Appellate Procedure and pursuant to s. 39.413.

  7

  8         Reviser's note.--Amended to conform to the

  9         arrangement of chapter 984, which is not

10         divided into parts.

11

12

13         Section 78.  Subsection (41) of section 985.03, Florida

14  Statutes, is amended to read:

15         985.03  Definitions.--When used in this chapter, the

16  term:

17         (41)  "Parent" means a woman who gives birth to a child

18  and a man whose consent to the adoption of the child would be

19  required under s. 63.062(1)(b). If a child has been legally

20  adopted, the term "parent" means the adoptive mother or father

21  of the child. The term does not include an individual whose

22  parental relationship to the child has been legally

23  terminated, or an alleged or prospective parent, unless the

24  parental status falls within the terms of either s. 39.4051(1)

25  39.4051(7) or s. 63.062(1)(b).

26

27         Reviser's note.--Amended to conform to the

28         reference to parental status in s. 39.4051(1);

29         s. 39.4051(7) relates to release of

30         information.

31

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  1         Section 79.  Paragraph (b) of subsection (2) of section

  2  985.213, Florida Statutes, is amended to read:

  3         985.213  Use of detention.--

  4         (2)

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

  6  care placement determinations and orders shall be developed by

  7  the Department of Juvenile Justice in agreement with

  8  representatives appointed by the following associations: the

  9  Conference of Circuit Judges of Florida, the Prosecuting

10  Attorneys Association, and the Public Defenders Association.

11  Each association shall appoint two individuals, one

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

13  The parties involved shall evaluate and revise the risk

14  assessment instrument as is considered necessary using the

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

16  assessment instrument shall take into consideration, but need

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

18  offenses, offenses committed pending adjudication, any

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

20  possession of a stolen motor vehicle, and community control

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

22  assessment instrument shall also take into consideration

23  appropriate aggravating and mitigating circumstances, and

24  shall be designed to target a narrower population of children

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

26  include any information concerning the child's history of

27  abuse and neglect. The risk assessment shall indicate whether

28  detention care is warranted, and, if detention care is

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

30  nonsecure, or home detention care.

31

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

  2  material error in the scoring of the risk assessment

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

  4  accuracy.

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

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

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

  8  the court makes specific written findings that:

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

10  charged with committing caused physical injury to the victim;

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

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

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

14

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

16  subparagraph for more than 48 hours unless ordered by the

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

18  state attorney or victim requests that secure detention be

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

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

21  secure detention is necessary to protect the victim from

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

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

24  39.044.

25

26         Reviser's note.--Amended to conform to the

27         transfer of s. 39.044 to s. 985.215 by s. 23,

28         ch. 97-238, Laws of Florida.

29

30

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  1         Section 80.  Subsection (2) of section 985.214, Florida

  2  Statutes, is amended to read:

  3         985.214  Prohibited uses of detention.--

  4         (2)  A child alleged to be dependent under part II III

  5  of this chapter 39 may not, under any circumstances, be placed

  6  into secure detention care.

  7

  8         Reviser's note.--Amended to conform to the

  9         legislative directive in s. 122, ch. 97-238,

10         Laws of Florida.

11

12

13         Section 81.  Paragraph (a) of subsection (6) of section

14  985.218, Florida Statutes, is amended to read:

15         985.218  Petition.--

16         (6)(a)  If a petition has been filed alleging that a

17  child has committed a delinquent act or violation of law, and

18  no demand for speedy trial has been made pursuant to paragraph

19  (d), the adjudicatory hearing on the petition must be

20  commenced within 90 days after the earlier of:

21         1.  The date the child is taken into custody; or

22         2.  The date the petition is filed.

23

24         Reviser's note.--Amended to conform to the fact

25         that paragraph (6)(d) never existed.

26

27

28         Section 82.  Paragraph (a) of subsection (1) of section

29  985.231, Florida Statutes, is amended to read:

30         985.231  Powers of disposition in delinquency cases.--

31

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

  2  adjudicated delinquent child may, by an order stating the

  3  facts upon which a determination of a sanction and

  4  rehabilitative program was made at the disposition hearing:

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

  6  an aftercare program under the supervision of an authorized

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

  8  person or agency specifically authorized and appointed by the

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

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

11  such reasonable conditions as the court may direct. A

12  community control program for an adjudicated delinquent child

13  must include a penalty component such as restitution in money

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

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

16  nonresidential punishment appropriate to the offense and must

17  also include a rehabilitative program component such as a

18  requirement of participation in substance abuse treatment or

19  in school or other educational program.

20         a.  A restrictiveness level classification scale for

21  levels of supervision shall be provided by the department,

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

23  community control supervision requirements to reasonably

24  ensure the public safety. Community control programs for

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

26  person or agency specifically authorized by the court. These

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

28  restricted activities as described in this subparagraph, and

29  shall be designed to encourage the child toward acceptable and

30  functional social behavior. If supervision or a program of

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

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  1  such supervision or program must be consistent with any

  2  treatment and rehabilitation needs identified for the child

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

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

  5  that the duration of such supervision or program for an

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

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

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

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

10  the child and the parent or guardian could reasonably be

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

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

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

14         b.  The court may conduct judicial review hearings for

15  a child placed on community control for the purpose of

16  fostering accountability to the judge and compliance with

17  other requirements, such as restitution and community service.

18  The court may allow early termination of community control for

19  a child who has substantially complied with the terms and

20  conditions of community control.

21         c.  If the conditions of the community control program

22  or the aftercare program are violated, the agent supervising

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

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

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

26  the conditions of community control or aftercare must be

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

28  taken into custody under s. 985.207 39.037 for violating the

29  conditions of community control or aftercare shall be held in

30  a consequence unit if such a unit is available. The child

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

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  1  into custody to determine the existence of probable cause that

  2  the child violated the conditions of community control or

  3  aftercare. A consequence unit is a secure facility

  4  specifically designated by the department for children who are

  5  taken into custody under s. 985.207 for violating community

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

  7  have violated the conditions of community control or

  8  aftercare. If the violation involves a new charge of

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

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

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

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

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

14  985.215. If the child denies violating the conditions of

15  community control or aftercare, the court shall appoint

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

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

18  that the child has violated the conditions of community

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

20  modifying, or continuing community control or aftercare. In

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

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

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

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

25  violated the conditions of community control or aftercare, the

26  court may:

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

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

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

30  violation.

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

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

  3  consequence unit is not available.

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

  5  program or aftercare program.

  6         (IV)  Revoke community control or aftercare and commit

  7  the child to the department.

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

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

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

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

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

13  motion.

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

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

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

17  center or facility or shelter.

18         3.  Commit the child to the Department of Juvenile

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

20  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

27  she reaches the age of 21.

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

29  child.

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

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

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  1  child, to render community service in a public service

  2  program.

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

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

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

  6  sanctions ordered by the court at the disposition hearing or

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

  8  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

16  by the clerk as a result of receiving and dispensing

17  restitution payments. The clerk shall notify the court if

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

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

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

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

22  efforts to prevent the child from engaging in delinquent acts

23  absolves the parent or guardian of liability for restitution

24  under this subparagraph.

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

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

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

28  an alternative to monetary restitution or as part of the

29  rehabilitative or community control program.

30         8.  Commit the child to the Department of Juvenile

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

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

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

  3  habitual juvenile offenders must be for an indeterminate

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

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

  6  The court may retain jurisdiction over such child until the

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

  8  the child completing the program.

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

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

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

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

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

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

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

16  shall determine a reasonable amount or manner of restitution,

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

18  provided in subparagraph 6.

19         10.  Subject to specific appropriation, commit the

20  juvenile sexual offender to the Department of Juvenile Justice

21  for placement in a program or facility for juvenile sexual

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

23  juvenile sexual offender to a program or facility for juvenile

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

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

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

27  retain jurisdiction over a juvenile sexual offender until the

28  juvenile sexual offender reaches the age of 21, specifically

29  for the purpose of completing the program.

30

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  1         Reviser's note.--Amended to conform to the

  2         transfer of s. 39.037 to s. 985.207 by s. 15,

  3         ch. 97-238, Laws of Florida.

  4

  5

  6         Section 83.  Paragraph (d) of subsection (1) of section

  7  985.306, Florida Statutes, is amended to read:

  8         985.306  Delinquency pretrial intervention program.--

  9         (1)

10         (d)  Any entity, whether public or private, providing

11  pretrial substance abuse education, treatment intervention,

12  and a urine monitoring program under this section must

13  contract with the county or appropriate governmental entity,

14  and the terms of the contract must include, but need not be

15  limited to, the requirements established for private entities

16  under s. 948.15(3) 948.15(2). It is the intent of the

17  Legislature that public or private entities providing

18  substance abuse education and treatment intervention programs

19  involve the active participation of parents, schools,

20  churches, businesses, law enforcement agencies, and the

21  department or its contract providers.

22

23         Reviser's note.--Amended to conform to the

24         redesignation of s. 948.15(2) as s. 948.15(3)

25         by s. 42, ch. 95-283, Laws of Florida.

26

27

28

29

30

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