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





                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Rules, Resolutions, & Ethics offered the

12  following:

13

14         Technical Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

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

19  985.216, Florida Statutes, is amended to read:

20         985.216  Punishment for contempt of court; alternative

21  sanctions.--

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

23  placed in a secure facility for purposes of punishment for

24  contempt of court if alternative sanctions are unavailable or

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

26  serve an alternative sanction but failed to comply with the

27  sanction.

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

29  indirect contempt may be placed in a secure detention facility

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

31  subsequent offense, or in a secure residential commitment

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  facility.

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

 3  985.414, Florida Statutes, is amended to read:

 4         985.414  County juvenile justice councils.--

 5         (2)

 6         (b)  The duties and responsibilities of a county

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

 8         1.  Developing a county juvenile justice plan based

 9  upon utilization of the resources of law enforcement, the

10  school system, the Department of Juvenile Justice, the

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

12  cooperative and collaborative manner to prevent or discourage

13  juvenile crime and develop meaningful alternatives to school

14  suspensions and expulsions.

15         2.  Entering into a written county interagency

16  agreement specifying the nature and extent of contributions

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

18  county juvenile justice plan and their commitment to the

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

20  interagency agreement to the extent authorized by law. The

21  interagency agreement must include at least the following

22  participants:  the local school authorities, local law

23  enforcement, and local representatives of the Department of

24  Juvenile Justice and the Department of Children and Family

25  Services.  The interagency agreement must specify how

26  community entities will cooperate, collaborate, and share

27  information in furtherance of the goals of the district and

28  county juvenile justice plan.

29         3.  Applying for and receiving public or private

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

31  that support one or more components of the county juvenile

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  justice plan.

 2         4.  Designating the county representatives to the

 3  district juvenile justice board pursuant to s. 985.413.

 4         5.  Providing a forum for the presentation of

 5  interagency recommendations and the resolution of

 6  disagreements relating to the contents of the county

 7  interagency agreement or the performance by the parties of

 8  their respective obligations under the agreement.

 9         6.  Assisting and directing the efforts of local

10  community support organizations and volunteer groups in

11  providing enrichment programs and other support services for

12  clients of local juvenile detention centers.

13         7.  Providing an annual report and recommendations to

14  the district juvenile justice board, the Juvenile Justice

15  Advisory Board, and the district juvenile justice manager.

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

17  Statutes, is amended to read:

18         985.415  Community Juvenile Justice Partnership

19  Grants.--

20         (1)  GRANTS; CRITERIA.--

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

22  and district juvenile justice plans, as required in s.

23  985.414(2)(b)1. and s. 985.413(4), and the development and

24  implementation of county and district interagency agreements,

25  as required in s. 985.414(2)(b)2. and s. 415.413(3)(d)3. among

26  representatives of the Department of Juvenile Justice, the

27  Department of Children and Family Services, law enforcement,

28  and school authorities, the community juvenile justice

29  partnership grant program is established, which program shall

30  be administered by the Department of Juvenile Justice.

31         (b)  The department shall only consider applications

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  which at a minimum provide for the following:

 2         1.  The participation and cooperation of the agencies

 3  or programs that are needed to implement the project or

 4  program for which the applicant is applying local school

 5  authorities, local law enforcement, and local representatives

 6  of the Department of Juvenile Justice and the Department of

 7  Children and Family Services pursuant to a written interagency

 8  partnership agreement. Such agreement must specify how

 9  community entities will cooperate, collaborate, and share

10  information in furtherance of the goals of the district and

11  county juvenile justice plan; and

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

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

14  of school safety.

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

16  following criteria in awarding grants:

17         1.  The district juvenile justice plan and any county

18  juvenile justice plans that are referred to or incorporated

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

20  groups, and public and private entities that participated in

21  the development of the plan.

22         2.  The diversity of community entities participating

23  in the development of the district juvenile justice plan.

24         3.  The number of community partners who will be

25  actively involved in the operation of the grant program.

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

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

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

29  evaluated and, if deemed successful, the feasibility of

30  implementation in other communities.

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

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

 2  subsection (5) is amended to read:

 3         985.215  Detention.--

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

 5  child taken into custody and placed into nonsecure or home

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

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

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

 9  separate occasions on the same case.

10

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

12  be detained pursuant to this subsection shall be given a

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

14  purpose of the detention hearing is to determine the existence

15  of probable cause that the child has committed the delinquent

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

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

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

19  the risk assessment performed by the intake counselor or case

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

21  determine the need for continued detention. A child placed

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

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

24  the court orders a placement more restrictive than indicated

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  court order must include specific instructions that direct the

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

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

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

 5  whichever is applicable, unless the requirements of such

 6  applicable provision have been met or an order of continuance

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

 8         (5)

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

10  include periods of delay resulting from a continuance granted

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

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

13  limits for detention may be extended if the child is charged

14  with a capital felony, life felony, or felony of the first

15  degree and the nature of the charge requires additional time

16  for the prosecution or defense of the case, but in no event

17  shall be extended beyond 30 days. Upon the issuance of an

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

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

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

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

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

23  continuance of proceedings for the child or the state.

24         Section 5.  For the purpose of incorporating the

25  amendments to s. 985.215, Florida Statutes, in references

26  thereto, the following sections or subdivisions of Florida

27  Statutes are reenacted to read:

28         985.211  Release or delivery from custody.--

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

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

31  detained or released to a shelter designated by the

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  department, shall make a reasonable effort to immediately

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

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

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

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

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

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

 8  probable cause affidavit to the appropriate intake counselor

 9  or case manager. Such written report or probable cause

10  affidavit must:

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

12  guardian, or legal custodian.

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

14  custody, with sufficient information to establish the

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

16  that the child has committed a violation of law.

17         985.213  Use of detention.--

18         (2)

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

20  care placement determinations and orders shall be developed by

21  the Department of Juvenile Justice in agreement with

22  representatives appointed by the following associations: the

23  Conference of Circuit Judges of Florida, the Prosecuting

24  Attorneys Association, and the Public Defenders Association.

25  Each association shall appoint two individuals, one

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

27  The parties involved shall evaluate and revise the risk

28  assessment instrument as is considered necessary using the

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

30  assessment instrument shall take into consideration, but need

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

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  offenses, offenses committed pending adjudication, any

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

 3  possession of a stolen motor vehicle, and community control

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

 5  assessment instrument shall also take into consideration

 6  appropriate aggravating and mitigating circumstances, and

 7  shall be designed to target a narrower population of children

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

 9  include any information concerning the child's history of

10  abuse and neglect. The risk assessment shall indicate whether

11  detention care is warranted, and, if detention care is

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

13  nonsecure, or home detention care.

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

15  material error in the scoring of the risk assessment

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

17  accuracy.

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

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

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

21  the court makes specific written findings that:

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

23  charged with committing caused physical injury to the victim;

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

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

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

27

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

29  subparagraph for more than 48 hours unless ordered by the

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

31  state attorney or victim requests that secure detention be

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

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

 3  secure detention is necessary to protect the victim from

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

 5  detention beyond the time limits set forth in s. 39.044.

 6         985.219  Process and service.--

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

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

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

10  985.215, the judge may, by endorsement upon the summons and

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

12  specified, order the child to be taken into custody

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

14  shall immediately take the child into custody.

15         985.208  Detention of furloughed child or escapee on

16  authority of the department.--

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

18  reasonable grounds to believe that any delinquent child

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

20  department or from being lawfully transported thereto or

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

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

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

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

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

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

27  detention hearing resulting in a finding that detention is

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

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

30  reviewable by appeal or in habeas corpus proceedings in the

31  district court of appeal.

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1         Section 6.  Section 985.209, Florida Statutes, is

 2  amended to read:

 3         985.209  Juvenile justice assessment centers.--

 4         (1)  The department shall work cooperatively with

 5  substance abuse facilities, mental health providers, law

 6  enforcement agencies, schools, health services providers, and

 7  other entities involved with children to establish a juvenile

 8  justice assessment center in each service district. The

 9  assessment center shall serve as central intake and screening

10  for children referred to the department. Each juvenile justice

11  assessment center shall provide services needed to facilitate

12  initial screening of children, including intake and needs

13  assessment, substance abuse screening, physical and mental

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

15  entities involved in the assessment center shall make the

16  resources for the provision of these services available at the

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

18         (2)  Juvenile justice assessment centers are authorized

19  and encouraged to establish truancy programs.  A truancy

20  program may serve as providing the central intake and

21  screening of truant children for a specific geographic area

22  that is based upon written agreements between the assessment

23  center, affected law enforcement agencies, and affected school

24  boards.  The assessment center may work cooperatively with any

25  truancy program operating in the area served by the assessment

26  center.

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

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

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

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

31  student is defined as any student between the ages of 6 and

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  18, who is enrolled in public or private school, and is absent

 2  from school without excuse as defined in s. 232.19(3), even if

 3  that student is not subject to compulsory school attendance

 4  under s. 232.01.

 5         Section 7.  Subsection (7) of section 230.23161,

 6  Florida Statutes, is amended to read:

 7         230.23161  Educational services in Department of

 8  Juvenile Justice programs.--

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

10  provider for the provision of educational programs to youths

11  placed with the Department of Juvenile Justice and may

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

13  through the Florida Education Finance Program for such

14  students. Unless written justification otherwise is provided

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

16  Department of Education, administrative costs under any

17  contract awarded for such educational programs shall not

18  exceed 10 percent of the total contract amount.

19         Section 8.  Paragraph (b) of subsection (1) of section

20  806.13, Florida Statutes, is amended to read:

21         806.13  Criminal mischief; penalties; penalty for

22  minor.--

23         (1)

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

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

26  provided in s. 775.082 or s. 775.083.

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

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

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

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

31  there is interruption or impairment of a business operation or

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

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

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

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

 5  s. 775.084.

 6         Section 9.  Paragraph (b) of subsection (3) of section

 7  921.0022, Florida Statutes, is amended to read:

 8         921.0022  Criminal Punishment Code; offense severity

 9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

11

12  Florida           Felony

13  Statute           Degree             Description

14

15                              (b)  LEVEL 2

16  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

17                              lbs. in weight or 100 cubic feet

18                              in volume or any quantity for

19                              commercial purposes, or hazardous

20                              waste.

21  517.07             3rd      Registration of securities and

22                              furnishing of prospectus

23                              required.

24  590.28(1)          3rd      Willful, malicious, or

25                              intentional burning.

26  784.05(3)          3rd      Storing or leaving a loaded

27                              firearm within reach of minor who

28                              uses it to inflict injury or

29                              death.

30  787.04(1)          3rd      In violation of court order,

31                              take, entice, etc., minor beyond

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1                              state limits.

 2  806.13(1)(b)3.     3rd      Criminal mischief; damage $500

 3                              $1,000 or more to public

 4                              communication or any other public

 5                              service.

 6  810.09(2)(e)       3rd      Trespassing on posted commerical

 7                              horticulture property.

 8  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

 9                              more but less than $5,000.

10  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

11                              more but less than $300, taken

12                              from unenclosed curtilage of

13                              dwelling.

14  817.234(1)(a)2.    3rd      False statement in support of

15                              insurance claim.

16  817.481(3)(a)      3rd      Obtain credit or purchase with

17                              false, expired, counterfeit,

18                              etc., credit card, value over

19                              $300.

20  817.52(3)          3rd      Failure to redeliver hired

21                              vehicle.

22  817.54             3rd      With intent to defraud, obtain

23                              mortgage note, etc., by false

24                              representation.

25  817.60(5)          3rd      Dealing in credit cards of

26                              another.

27  817.60(6)(a)       3rd      Forgery; purchase goods, services

28                              with false card.

29  817.61             3rd      Fraudulent use of credit cards

30                              over $100 or more within 6

31                              months.

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  826.04             3rd      Knowingly marries or has sexual

 2                              intercourse with person to whom

 3                              related.

 4  831.01             3rd      Forgery.

 5  831.02             3rd      Uttering forged instrument;

 6                              utters or publishes alteration

 7                              with intent to defraud.

 8  831.07             3rd      Forging bank bills or promissory

 9                              note.

10  831.08             3rd      Possession of 10 or more forged

11                              notes.

12  831.09             3rd      Uttering forged bills; passes as

13                              bank bill or promissory note.

14  832.05(3)(a)       3rd      Cashing or depositing item with

15                              intent to defraud.

16  843.08             3rd      Falsely impersonating an officer.

17  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

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

19                              than cannabis.

20  893.147(2)         3rd      Manufacture or delivery of drug

21                              paraphernalia.

22         Section 10.  Paragraph (c) of subsection (2) of section

23  812.014, Florida Statutes, is amended to read:

24         812.014  Theft.--

25         (2)

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

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

28  775.083, or s. 775.084, if the property stolen is:

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

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

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

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

 2         5.  A firearm.

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

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

 5  vehicle and who has previously been convicted two or more

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

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

 8  775.083, or s. 775.084.

 9         7.  Any commercially farmed animal, including any

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

11  animal, and including aquaculture species raised at a

12  certified aquaculture facility.  If the property stolen is

13  aquaculture species raised at a certified aquaculture

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

15         8.  Any fire extinguisher.

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

17  more individual pieces of fruit.

18         10.  Taken from a designated construction site

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

20  810.09(2)(d).

21         Section 11.  For the purpose of incorporating the

22  amendments to s. 812.014, Florida Statutes, in references

23  thereto, the following sections or subdivisions of Florida

24  Statutes, are reenacted to read:

25         538.23  Violations and penalties.--

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

27  upon receipt of stolen regulated metals property in a purchase

28  transaction that the regulated metals property has been stolen

29  from another if the secondary metals recycler knowingly and

30  intentionally fails to maintain the information required in s.

31  538.19 and shall, upon conviction of a violation of s.

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  812.015, be punished as provided in s. 812.014(2) or (3).

 2         985.227  Prosecution of juveniles as adults by the

 3  direct filing of an information in the criminal division of

 4  the circuit court; discretionary criteria; mandatory

 5  criteria.--

 6         (2)  MANDATORY DIRECT FILE.--

 7         (c)  The state attorney must file an information if a

 8  child, regardless of the child's age at the time the alleged

 9  offense was committed, is alleged to have committed an act

10  that would be a violation of law if the child were an adult,

11  that involves stealing a motor vehicle, including, but not

12  limited to, a violation of s. 812.133, relating to carjacking,

13  or s. 812.014(2)(c)6., relating to grand theft of a motor

14  vehicle, and while the child was in possession of the stolen

15  motor vehicle the child caused serious bodily injury to or the

16  death of a person who was not involved in the underlying

17  offense. For purposes of this section, the driver and all

18  willing passengers in the stolen motor vehicle at the time

19  such serious bodily injury or death is inflicted shall also be

20  subject to mandatory transfer to adult court. "Stolen motor

21  vehicle," for the purposes of this section, means a motor

22  vehicle that has been the subject of any criminal wrongful

23  taking. For purposes of this section, "willing passengers"

24  means all willing passengers who have participated in the

25  underlying offense.

26         Section 12.  (1)  The Department of Juvenile Justice

27  and the Department of Children and Family Services shall

28  develop a cooperative agreement on the delivery of mental

29  health and substance abuse treatment services to youth in the

30  juvenile justice system.  A district specific cooperative

31  agreement shall be negotiated between and agreed upon by the

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  Department of Juvenile Justice's district juvenile justice

 2  manager and the Department of Children and Family Services'

 3  district administrator that addresses funding levels, access

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

 5  substance abuse treatment funding designated for youth in the

 6  juvenile justice system.  These cooperative agreements shall

 7  be reviewed and updated annually.

 8         (2)  The Office of Program Policy Analysis and

 9  Government Accountability shall conduct a performance review

10  of the provision of mental health and substance abuse

11  treatment services to children and youth in the juvenile

12  justice system.  Issues addressed in this performance review

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

14  apportionment of funds to the Department of Children and

15  Family Services and the Department of Juvenile Justice for

16  mental health and substance abuse services for children and

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

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

19  and whether there exists an adequate and valid monitoring

20  system for the use of mental health and substance abuse

21  funding and the provision of such services designated for

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

23  of Program Policy Analysis and Government Accountability shall

24  submit its report with findings and recommendations to the

25  President of the Senate and the Speaker of the House of

26  Representatives by December 1, 1998.

27         Section 13.  Effective July 1, 1998, paragraph (b) of

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

29  amended to read:

30         985.234  Appeal.--

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

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





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

 2  taken to the appropriate district court of appeal within the

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

 4  Appellate Procedure by:

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

 6         1.  An order dismissing a petition or any section

 7  thereof;

 8         2.  An order granting a new adjudicatory hearing;

 9         3.  An order arresting judgment;

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

11  adjudicated delinquent and appeals from the judgment;

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

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

14         7.  An order adjudicating a child insane under the

15  Florida Rules of Juvenile Procedure; and

16         8.  All other preadjudicatory hearings, except that the

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

18  in any case.

19         9.  An order denying restitution.

20

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

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

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

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

25  preadjudicatory hearing order that the state seeks to have

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

27  for the child's attorney's fee.

28         Section 14.  Except as otherwise provided herein, this

29  act shall take effect October 1 of the year in which enacted.

30

31

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                  A bill to be entitled

 7         An act relating to juvenile and criminal

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

 9         punishment of a delinquent child for contempt

10         of court and alternative sanctions; removing

11         certain time limitations upon placement of

12         delinquent child held in contempt in a secure

13         detention facility or secure residential

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

15         relating to district juvenile justice boards;

16         conforming provisions to reflect the creation

17         of the Department of Children and Family

18         Services; requiring that specified entities

19         participate in the interagency agreement

20         developed by the county juvenile justice

21         council; specifying information to be included

22         in the agreement; amending s. 985.415, F.S.,

23         relating to Community Juvenile Justice

24         Partnership Grants; clarifying the minimum

25         requirements to be included in an application

26         for a community juvenile justice partnership

27         grant; revising requirements for application

28         for a community juvenile justice partnership

29         grant to remove requirement for participation

30         of the Department of Health and Rehabilitative

31         Services; amending s. 985.215, F.S., relating

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1         to detention; providing for continued detention

 2         of a child who has failed to appear in court on

 3         two separate occasions on the same case;

 4         providing for extension up to 30 days of the

 5         time limits upon detention of a child, under

 6         specified circumstances; reenacting ss.

 7         985.211(4), 985.213(2)(b), 985.219(5),

 8         985.208(1), F.S., relating to release or

 9         delivery from custody, use of detention,

10         process and service, and detention of

11         furloughed or escaped child, to incorporate

12         said amendment in references; amending s.

13         985.209, F.S.; authorizing establishment of

14         truancy programs by juvenile justice assessment

15         centers; defining "truant student" to include

16         enrolled students between 6 years of age and 18

17         years of age; amending s. 230.23161, F.S.,

18         relating to educational services in Department

19         of Juvenile Justice programs; providing a

20         maximum limitation on administrative costs

21         under certain contracts by school districts for

22         such programs; amending s. 806.13, F.S.,

23         relating to criminal mischief; redefining first

24         degree misdemeanor criminal mischief offense to

25         include damage to property greater than $200

26         but less than $500, and providing penalties

27         therefor; redefining third degree felony

28         criminal mischief to include certain damages of

29         $500 or greater, and providing penalties

30         therefor; amending s. 921.0022, F.S., relating

31         to the Criminal Punishment Code offense

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                                                   HOUSE AMENDMENT

    288-174X-38                       Bill No. CS/HB 513, 1st Eng.

    Amendment No.     (TECHNICAL AMENDMENT)





 1         severity ranking chart, to conform a cross

 2         reference; amending s. 812.014, F.S., relating

 3         to theft; providing second degree felony

 4         penalties for a person who commits grand theft

 5         of a motor vehicle and who has previously been

 6         convicted two or more times of motor vehicle

 7         theft; reenacting ss. 538.23(2) and

 8         985.227(2)(c), F.S., relating to offenses by

 9         secondary metal recyclers and transfer of child

10         for prosecution, to incorporate said amendment

11         in references; requiring cooperative agreements

12         between the Department of Juvenile Justice and

13         the Department of Children and Family Services

14         for the provision of mental health and

15         substance abuse treatment services to youth in

16         the juvenile justice system; requiring the

17         Office of Program Policy Analysis and

18         Government Accountability to conduct a

19         performance review of the provision of mental

20         health and substance abuse treatment services

21         to youth in the juvenile justice system;

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

23         providing for appeal by the state of an order

24         denying restitution, under certain

25         circumstances when the order affects a party to

26         a case involving delinquency; providing

27         effective dates.

28

29

30

31

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