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House Bill 0513e1

CS/HB 513, First Engrossed 1 A bill to be entitled 2 An act relating to juvenile and criminal 3 justice; amending s. 39.0145, F.S., relating to 4 punishment of a delinquent child for contempt 5 of court and alternative sanctions; removing 6 certain time limitations upon placement of 7 delinquent child held in contempt in a secure 8 detention facility or secure residential 9 commitment facility; amending s. 39.025, F.S., 10 relating to district juvenile justice boards; 11 conforming provisions to reflect the creation 12 of the Department of Children and Family 13 Services; requiring that specified entities 14 participate in the interagency agreement 15 developed by the county juvenile justice 16 council; specifying information to be included 17 in the agreement; clarifying the minimum 18 requirements to be included in an application 19 for a community juvenile justice partnership 20 grant; revising requirements for application 21 for a community juvenile justice partnership 22 grant to remove requirement for participation 23 of the Department of Health and Rehabilitative 24 Services; amending s. 39.044, F.S., relating to 25 detention; providing for continued detention of 26 a child who has failed to appear in court on 27 two separate occasions on the same case; 28 providing for extension up to 30 days of the 29 time limits upon detention of a child, under 30 specified circumstances; reenacting ss. 31 39.038(4), 39.042(2)(b), 39.0445, 39.049(5), 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 39.064(1), 790.22(8), relating to release or 2 delivery from custody, use of detention, 3 juvenile domestic violence offenders, release 4 or delivery from custody, process and service, 5 detention of furloughed or escaped child, and 6 weapons or firearms offenses by minors to 7 incorporate said amendment in references; 8 amending s. 39.0471, F.S.; authorizing 9 establishment of truancy programs by juvenile 10 justice assessment centers; defining "truant 11 student" to include enrolled students between 6 12 years of age and 18 years of age; amending s. 13 230.2316, F.S., relating to dropout prevention; 14 providing a maximum limitation upon school 15 district costs for administering juvenile 16 justice purchase-of-service contracts without 17 specified written justification agreed upon by 18 the Department of Juvenile Justice and the 19 Department of Education; amending s. 230.23161, 20 F.S., relating to educational services in 21 Department of Juvenile Justice programs; 22 providing a maximum limitation on 23 administrative costs under certain contracts by 24 school districts for such programs; amending s. 25 806.13, F.S., relating to criminal mischief; 26 redefining first degree misdemeanor criminal 27 mischief offense to include damage to property 28 greater than $200 but less than $500, and 29 providing penalties therefor; redefining third 30 degree felony criminal mischief to include 31 certain damages of $500 or greater, and 2 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 providing penalties therefor; amending s. 2 921.0012, F.S., relating to the sentencing 3 guidelines offense penalties, to conform a 4 cross reference; amending s. 812.014, F.S., 5 relating to theft; providing second degree 6 felony penalties for a person who commits grand 7 theft of a motor vehicle and who has previously 8 been convicted two or more times of motor 9 vehicle theft; reenacting ss. 39.052(3)(a) and 10 538.23(2), F.S., relating to transfer of child 11 for prosecution and offenses by secondary metal 12 recyclers, to incorporate said amendment in 13 references; requiring cooperative agreements 14 between the Department of Juvenile Justice and 15 the Department of Children and Family Services 16 for the provision of mental health and 17 substance abuse treatment services to youth in 18 the juvenile justice system; requiring the 19 Office of Program Policy Analysis and 20 Government Accountability to conduct a 21 performance review of the provision of mental 22 health and substance abuse treatment services 23 to youth in the juvenile justice system; 24 requiring a report; amending s. 39.069, F.S.; 25 providing for appeal by the state of an order 26 denying restitution, under certain 27 circumstances when the order affects a party to 28 a case involving delinquency; providing 29 effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 3 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 Section 1. Paragraph (a) of subsection (2) of section 2 39.0145, Florida Statutes, is amended to read: 3 39.0145 Punishment for contempt of court; alternative 4 sanctions.-- 5 (2) PLACEMENT IN A SECURE FACILITY.--A child may be 6 placed in a secure facility for purposes of punishment for 7 contempt of court if alternative sanctions are unavailable or 8 inappropriate, or if the child has already been ordered to 9 serve an alternative sanction but failed to comply with the 10 sanction. 11 (a) A delinquent child who has been held in direct or 12 indirect contempt may be placed in a secure detention facility 13 for 5 days for a first offense or 15 days for a second or 14 subsequent offense, or in a secure residential commitment 15 facility. 16 Section 2. Subsections (5) and (8) of section 39.025, 17 Florida Statutes, 1996 Supplement, are amended to read: 18 39.025 District juvenile justice boards.-- 19 (1) SHORT TITLE.--This section may be cited as the 20 "Community Juvenile Justice System Act." 21 (5) COUNTY JUVENILE JUSTICE COUNCILS.-- 22 (a) A county juvenile justice council is authorized in 23 each county for the purpose of encouraging the initiation of, 24 or supporting ongoing, interagency cooperation and 25 collaboration in addressing juvenile crime. A county juvenile 26 justice council must include: 27 1. The district school superintendent, or the 28 superintendent's designee. 29 2. The chair of the board of county commissioners, or 30 the chair's designee. 31 4 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 3. An elected official of the governing body of a 2 municipality within the county. 3 4. Representatives of the local school system 4 including administrators, teachers, school counselors, and 5 parents. 6 5. The district juvenile justice manager and the 7 district administrator of the Department of Children and 8 Family Health and Rehabilitative Services, or their respective 9 designees. 10 6. Representatives of local law enforcement agencies, 11 including the sheriff or the sheriff's designee. 12 7. Representatives of the judicial system, including, 13 but not limited to, the chief judge of the circuit, the state 14 attorney, the public defender, the clerk of the circuit court, 15 or their respective designees. 16 8. Representatives of the business community. 17 9. Representatives of any other interested officials, 18 groups, or entities including, but not limited to, a 19 children's services council, public or private providers of 20 juvenile justice programs and services, students, and 21 advocates. 22 23 A juvenile delinquency and gang prevention council or any 24 other group or organization that currently exists in any 25 county, and that is composed of and open to representatives of 26 the classes of members described in this section, may notify 27 the district juvenile justice manager of its desire to be 28 designated as the county juvenile justice council. 29 (b) The purpose of a county juvenile justice council 30 is to provide a forum for the development of a community-based 31 interagency assessment of the local juvenile justice system, 5 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 to develop a county juvenile justice plan for more effectively 2 preventing juvenile delinquency, and to make recommendations 3 for more effectively utilizing existing community resources in 4 dealing with juveniles who are truant or have been suspended 5 or expelled from school, or who are found to be involved in 6 crime. The county juvenile justice plan shall include relevant 7 portions of local crime prevention and public safety plans, 8 school improvement and school safety plans, and the plans or 9 initiatives of other public and private entities within the 10 county that are concerned with dropout prevention, school 11 safety, the prevention of juvenile crime and criminal activity 12 by youth gangs, and alternatives to suspension, expulsion, and 13 detention for children found in contempt of court. 14 (c) The duties and responsibilities of a county 15 juvenile justice council include, but are not limited to: 16 1. Developing a county juvenile justice plan based 17 upon utilization of the resources of law enforcement, the 18 school system, the Department of Juvenile Justice, the 19 Department of Children and Family Health and Rehabilitative 20 Services, and others in a cooperative and collaborative manner 21 to prevent or discourage juvenile crime and develop meaningful 22 alternatives to school suspensions and expulsions. 23 2. Entering into a written county interagency 24 agreement specifying the nature and extent of contributions 25 each signatory agency will make in achieving the goals of the 26 county juvenile justice plan and their commitment to the 27 sharing of information useful in carrying out the goals of the 28 interagency agreement to the extent authorized by law. The 29 interagency agreement must include at least the following 30 participants: the local school authorities, local law 31 enforcement, and local representatives of the Department of 6 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 Juvenile Justice and the Department of Children and Family 2 Services. The interagency agreement must specify how 3 community entities will cooperate, collaborate, and share 4 information in furtherance of the goals of the district and 5 county juvenile justice plan. 6 3. Applying for and receiving public or private 7 grants, to be administered by one of the community partners, 8 that support one or more components of the county juvenile 9 justice plan. 10 4. Designating the county representatives to the 11 district juvenile justice board pursuant to subsection (6). 12 5. Providing a forum for the presentation of 13 interagency recommendations and the resolution of 14 disagreements relating to the contents of the county 15 interagency agreement or the performance by the parties of 16 their respective obligations under the agreement. 17 6. Assisting and directing the efforts of local 18 community support organizations and volunteer groups in 19 providing enrichment programs and other support services for 20 clients of local juvenile detention centers. 21 7. Providing an annual report and recommendations to 22 the district juvenile justice board, the Juvenile Justice 23 Advisory Board, and the district juvenile justice manager. 24 (8) COMMUNITY JUVENILE JUSTICE PARTNERSHIP GRANTS; 25 CRITERIA.-- 26 (a) In order to encourage the development of county 27 and district juvenile justice plans, as required in 28 subparagraphs (5)(c)1. and (6)(d)2. and subsection (7), and 29 the development and implementation of county and district 30 interagency agreements, as required in subparagraphs (5)(c)2. 31 and (6)(d)3., among representatives of the Department of 7 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 Juvenile Justice, the Department of Children and Family Health 2 and Rehabilitative Services, law enforcement, and school 3 authorities, the community juvenile justice partnership grant 4 program is established, to be administered by the Department 5 of Juvenile Justice. 6 (b) The department shall only consider applications 7 which at a minimum provide for the following: 8 1. The participation and cooperation of the agencies 9 or programs that are needed to implement the project or 10 program for which the applicant is applying The participation 11 of the local school authorities, local law enforcement, and 12 local representatives of the Department of Juvenile Justice 13 and the Department of Health and Rehabilitative Services 14 pursuant to a written interagency partnership agreement. Such 15 agreement must specify how community entities will cooperate, 16 collaborate, and share information in furtherance of the goals 17 of the district and county juvenile justice plan; and 18 2. The reduction of truancy and in-school and 19 out-of-school suspensions and expulsions, and the enhancement 20 of school safety. 21 (c) In addition, the department may consider the 22 following criteria in awarding grants: 23 1. The district juvenile justice plan and any county 24 juvenile justice plans that are referred to or incorporated 25 into the district plan, including a list of individuals, 26 groups, and public and private entities that participated in 27 the development of the plan. 28 2. The diversity of community entities participating 29 in the development of the district juvenile justice plan. 30 3. The number of community partners who will be 31 actively involved in the operation of the grant program. 8 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 4. The number of students or youth to be served by the 2 grant and the criteria by which they will be selected. 3 5. The criteria by which the grant program will be 4 evaluated and, if deemed successful, the feasibility of 5 implementation in other communities. 6 Section 3. Paragraph (g) is added to subsection (2) of 7 section 39.044, Florida Statutes, 1996 Supplement, and 8 paragraph (d) of subsection (5) is amended to read: 9 39.044 Detention.-- 10 (2) Subject to the provisions of subsection (1), a 11 child taken into custody and placed into nonsecure or home 12 detention care or detained in secure detention care prior to a 13 detention hearing may continue to be detained by the court if: 14 (g) The child has failed to appear in court on two 15 separate occasions on the same case. 16 17 A child who meets any of these criteria and who is ordered to 18 be detained pursuant to this subsection shall be given a 19 hearing within 24 hours after being taken into custody. The 20 purpose of the detention hearing is to determine the existence 21 of probable cause that the child has committed the delinquent 22 act or violation of law with which he or she is charged and 23 the need for continued detention. Unless a child is detained 24 under paragraph (d), the court shall utilize the results of 25 the risk assessment performed by the intake counselor or case 26 manager and, based on the criteria in this subsection, shall 27 determine the need for continued detention. A child placed 28 into secure, nonsecure, or home detention care may continue to 29 be so detained by the court pursuant to this subsection. If 30 the court orders a placement more restrictive than indicated 31 by the results of the risk assessment instrument, the court 9 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 shall state, in writing, clear and convincing reasons for such 2 placement. Except as provided in s. 790.22(8) or in 3 subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), 4 or paragraph (10)(d), when a child is placed into secure or 5 nonsecure detention care, or into a respite home or other 6 placement pursuant to a court order following a hearing, the 7 court order must include specific instructions that direct the 8 release of the child from such placement no later than 5 p.m. 9 on the last day of the detention period specified in paragraph 10 (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., 11 whichever is applicable, unless the requirements of such 12 applicable provision have been met or an order of continuance 13 has been granted pursuant to paragraph (5)(d). 14 (5) 15 (d) The time limits in paragraphs (b) and (c) do not 16 include periods of delay resulting from a continuance granted 17 by the court for cause on motion of the child or his or her 18 counsel or of the state. Cause may be found and the time 19 limits for detention may be extended if the child is charged 20 with a capital felony, life felony, or felony of the first 21 degree and the nature of the charge requires additional time 22 for the prosecution or defense of the case, but in no event 23 shall be extended beyond 30 days. Upon the issuance of an 24 order granting a continuance for cause on a motion by either 25 the child, the child's counsel, or the state, the court shall 26 conduct a hearing at the end of each 72-hour period, excluding 27 Saturdays, Sundays, and legal holidays, to determine the need 28 for continued detention of the child and the need for further 29 continuance of proceedings for the child or the state. 30 Section 4. For the purpose of incorporating the 31 amendments to s. 39.044, Florida Statutes, in references 10 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 thereto, the following sections or subdivisions of Florida 2 Statutes are reenacted to read: 3 39.038 Release or delivery from custody.-- 4 (4) A person taking a child into custody who 5 determines, pursuant to s. 39.044, that the child should be 6 detained or released to a shelter designated by the 7 department, shall make a reasonable effort to immediately 8 notify the parent, guardian, or legal custodian of the child 9 and shall, without unreasonable delay, deliver the child to 10 the appropriate intake counselor or case manager or, if the 11 court has so ordered pursuant to s. 39.044, to a detention 12 center or facility. Upon delivery of the child, the person 13 taking the child into custody shall make a written report or 14 probable cause affidavit to the appropriate intake counselor 15 or case manager. Such written report or probable cause 16 affidavit must: 17 (a) Identify the child and, if known, the parents, 18 guardian, or legal custodian. 19 (b) Establish that the child was legally taken into 20 custody, with sufficient information to establish the 21 jurisdiction of the court and to make a prima facie showing 22 that the child has committed a violation of law. 23 39.042 Use of detention.-- 24 (2) 25 (b)1. The risk assessment instrument for detention 26 care placement determinations and orders shall be developed by 27 the Department of Juvenile Justice in agreement with 28 representatives appointed by the following associations: the 29 Conference of Circuit Judges of Florida, the Prosecuting 30 Attorneys Association, and the Public Defenders Association. 31 Each association shall appoint two individuals, one 11 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 representing an urban area and one representing a rural area. 2 The parties involved shall evaluate and revise the risk 3 assessment instrument as is considered necessary using the 4 method for revision as agreed by the parties. The risk 5 assessment instrument shall take into consideration, but need 6 not be limited to, prior history of failure to appear, prior 7 offenses, offenses committed pending adjudication, any 8 unlawful possession of a firearm, theft of a motor vehicle or 9 possession of a stolen motor vehicle, and community control 10 status at the time the child is taken into custody. The risk 11 assessment instrument shall also take into consideration 12 appropriate aggravating and mitigating circumstances, and 13 shall be designed to target a narrower population of children 14 than s. 39.044(2). The risk assessment instrument shall also 15 include any information concerning the child's history of 16 abuse and neglect. The risk assessment shall indicate whether 17 detention care is warranted, and, if detention care is 18 warranted, whether the child should be placed into secure, 19 nonsecure, or home detention care. 20 2. If, at the detention hearing, the court finds a 21 material error in the scoring of the risk assessment 22 instrument, the court may amend the score to reflect factual 23 accuracy. 24 3. A child who is charged with committing an offense 25 of domestic violence as defined in s. 741.28(1) and who does 26 not meet detention criteria may be held in secure detention 27 for up to 48 hours if a respite home or similar authorized 28 residential facility is not available. The court may order 29 that the child continue to be held in secure detention 30 provided that a hearing is held at the end of each 48-hour 31 period, excluding Saturdays, Sundays, and legal holidays, in 12 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 which the state attorney and the department may recommend to 2 the court that the child continue to be held in secure 3 detention. 4 39.0445 Juvenile domestic violence offenders.--If a 5 child is charged with the commission of a domestic violence 6 offense as defined in s. 741.28(1) and does not meet the 7 detention criteria established in s. 39.044, the court may 8 order that the child be placed in a respite home or any 9 similar residential facility, if available, authorized by the 10 department for the placement of juvenile domestic violence 11 offenders or, if not available, in a secure detention center. 12 39.049 Process and service.-- 13 (5) If the petition alleges that the child has 14 committed a delinquent act or violation of law and the judge 15 deems it advisable to do so, pursuant to the criteria of s. 16 39.044, the judge may, by endorsement upon the summons and 17 after the entry of an order in which valid reasons are 18 specified, order the child to be taken into custody 19 immediately, and in such case the person serving the summons 20 shall immediately take the child into custody. 21 39.064 Detention of furloughed child or escapee on 22 authority of the department.-- 23 (1) If an authorized agent of the department has 24 reasonable grounds to believe that any delinquent child 25 committed to the department has escaped from a facility of the 26 department or from being lawfully transported thereto or 27 therefrom, the agent may take the child into active custody 28 and may deliver the child to the facility or, if it is closer, 29 to a detention center for return to the facility. However, a 30 child may not be held in detention longer than 24 hours, 31 excluding Saturdays, Sundays, and legal holidays, unless a 13 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 special order so directing is made by the judge after a 2 detention hearing resulting in a finding that detention is 3 required based on the criteria in s. 39.044(2). The order 4 shall state the reasons for such finding. The reasons shall be 5 reviewable by appeal or in habeas corpus proceedings in the 6 district court of appeal. 7 790.22 Use of BB guns, air or gas-operated guns, or 8 electric weapons or devices by minor under 16; limitation; 9 possession of firearms by minor under 18 prohibited; 10 penalties.-- 11 (8) Notwithstanding s. 39.042 or s. 39.044(1), if a 12 minor under 18 years of age is charged with an offense that 13 involves the use or possession of a firearm, as defined in s. 14 790.001, other than a violation of subsection (3), or is 15 charged for any offense during the commission of which the 16 minor possessed a firearm, the minor shall be detained in 17 secure detention, unless the state attorney authorizes the 18 release of the minor, and shall be given a hearing within 24 19 hours after being taken into custody. Effective April 15, 20 1994, at the hearing, the court may order that the minor 21 continue to be held in secure detention in accordance with the 22 applicable time periods specified in s. 39.044(5), if the 23 court finds that the minor meets the criteria specified in s. 24 39.044(2), or if the court finds by clear and convincing 25 evidence that the minor is a clear and present danger to 26 himself or the community. The Department of Juvenile Justice 27 shall prepare a form for all minors charged under this 28 subsection that states the period of detention and the 29 relevant demographic information, including, but not limited 30 to, the sex, age, and race of the minor; whether or not the 31 minor was represented by private counsel or a public defender; 14 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 the current offense; and the minor's complete prior record, 2 including any pending cases. The form shall be provided to the 3 judge to be considered when determining whether the minor 4 should be continued in secure detention under this subsection. 5 An order placing a minor in secure detention because the minor 6 is a clear and present danger to himself or the community must 7 be in writing, must specify the need for detention and the 8 benefits derived by the minor or the community by placing the 9 minor in secure detention, and must include a copy of the form 10 provided by the department. The Department of Juvenile Justice 11 must send the form, including a copy of any order, without 12 client-identifying information, to the Division of Economic 13 and Demographic Research of the Joint Legislative Management 14 Committee. 15 Section 5. Section 39.0471, Florida Statutes, is 16 amended to read: 17 39.0471 Juvenile justice assessment centers.-- 18 (1) The department shall work cooperatively with 19 substance abuse facilities, mental health providers, law 20 enforcement agencies, schools, health services providers, and 21 other entities involved with children to establish a juvenile 22 justice assessment center in each service district. The 23 assessment center shall serve as central intake and screening 24 for children referred to the department. Each juvenile justice 25 assessment center shall provide services needed to facilitate 26 initial screening of children, including intake and needs 27 assessment, substance abuse screening, physical and mental 28 health screening, and diagnostic testing, as appropriate. The 29 entities involved in the assessment center shall make the 30 resources for the provision of these services available at the 31 same level to which they are available to the general public. 15 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 (2) Juvenile justice assessment centers are authorized 2 and encouraged to establish truancy programs. A truancy 3 program may serve as providing the central intake and 4 screening of truant children for a specific geographic area 5 that is based upon written agreements between the assessment 6 center, affected law enforcement agencies, and affected school 7 boards. The assessment center may work cooperatively with any 8 truancy program operating in the area served by the assessment 9 center. 10 (3) When a law enforcement officer takes into custody 11 a truant student, the officer may transport or refer the 12 truant student to a truancy program operating in the officer's 13 jurisdiction. For the purpose of this section, a truant 14 student is defined as any student between the ages of 6 and 15 18, who is enrolled in public or private school, and is absent 16 from school without excuse as defined in s. 232.19(3), even if 17 that student is not subject to compulsory school attendance 18 under s. 232.01. 19 Section 6. Paragraph (d) of subsection (4) of section 20 230.2316, Florida Statutes, 1996 Supplement, is amended to 21 read: 22 230.2316 Dropout prevention.-- 23 (4) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--All 24 programs funded pursuant to the provisions of this section 25 shall be positive and shall reflect strong parental and 26 community involvement. In addition, specific programs shall 27 meet the following criteria: 28 (d) Educational services in certain Department of 29 Health and Rehabilitative Services programs.-- 30 1. The student is assigned to a rehabilitation program 31 provided pursuant to chapter 39 which is sponsored by a state 16 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 or community-based agency or is operated or contracted for by 2 the Department of Health and Rehabilitative Services. 3 2. Programs shall provide intensive counseling, 4 behavior modification, and therapy in order to meet the 5 student's individual needs. Programs may be residential or 6 nonresidential. 7 3. Any student served in a Department of Health and 8 Rehabilitative Services program shall be provided the 9 equivalent of instruction provided for the definition of a 10 "school day" pursuant to s. 228.041. However, the educational 11 services may be provided at times of the day most appropriate 12 for the program. 13 4. A program is provided which shall consist of 14 appropriate basic academic, vocational, or exceptional 15 curricula and related services which support the 16 rehabilitation program goals and which may lead to completion 17 of the requirements for receipt of a high school diploma or 18 its equivalent, provided that the educational component of 19 youth services programs of less than 40 days' duration which 20 take place in a park or wilderness setting may be limited to 21 tutorial activities and vocational employability skills. 22 5. Participation in the program by students of 23 compulsory school attendance age as provided for in s. 232.01 24 shall be mandatory. 25 6. Districts are encouraged to implement programs that 26 assist students in the transition between dismissal from 27 Department of Health and Rehabilitative Services programs and 28 school reentry. 29 7. A school district may contract with a private 30 nonprofit entity or a state or local government agency for the 31 provision of educational programs to clients of the Department 17 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 of Juvenile Justice Health and Rehabilitative Services and may 2 generate state funding through the Florida Education Finance 3 Program for such students. School district administrative 4 costs for administering juvenile justice purchase-of-service 5 contracts shall not exceed 10 percent of the total FTE revenue 6 generated by the youth in the program unless written 7 justification is provided and agreed upon by the Department of 8 Juvenile Justice and the Department of Education. 9 Section 7. Subsection (7) of section 230.23161, 10 Florida Statutes, 1996 Supplement, is amended to read: 11 230.23161 Educational services in Department of 12 Juvenile Justice programs.-- 13 (7) A school district may contract with a private 14 provider for the provision of educational programs to youths 15 placed with the Department of Juvenile Justice and may 16 generate local, state, and federal funding, including funding 17 through the Florida Education Finance Program for such 18 students. Unless written justification otherwise is provided 19 to and agreed to by the Department of Juvenile Justice and the 20 Department of Education, administrative costs under any 21 contract awarded for such educational programs shall not 22 exceed 10 percent of the total contract amount. 23 Section 8. Paragraph (b) of subsection (1) of section 24 806.13, Florida Statutes, is amended to read: 25 806.13 Criminal mischief; penalties; penalty for 26 minor.-- 27 (1) 28 (b)1. If the damage to such property is $200 or less, 29 it is a misdemeanor of the second degree, punishable as 30 provided in s. 775.082 or s. 775.083. 31 18 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 2. If the damage to such property is greater than $200 2 but less than $500 $1,000, it is a misdemeanor of the first 3 degree, punishable as provided in s. 775.082 or s. 775.083. 4 3. If the damage is $500 $1,000 or greater, or if 5 there is interruption or impairment of a business operation or 6 public communication, transportation, supply of water, gas or 7 power, or other public service which costs $500 $1,000 or more 8 in labor and supplies to restore, it is a felony of the third 9 degree, punishable as provided in s. 775.082, s. 775.083, or 10 s. 775.084. 11 Section 9. Paragraph (b) of subsection (3) of section 12 921.0012, Florida Statutes, 1996 Supplement, is amended to 13 read: 14 921.0012 Sentencing guidelines offense levels; offense 15 severity ranking chart.-- 16 (3) OFFENSE SEVERITY RANKING CHART 17 Florida Felony 18 Statute Degree Description 19 20 (b) LEVEL 2 21 403.413(5)(c) 3rd Dumps waste litter exceeding 500 22 lbs. in weight or 100 cubic feet 23 in volume or any quantity for 24 commercial purposes, or hazardous 25 waste. 26 517.07 3rd Registration of securities and 27 furnishing of prospectus 28 required. 29 590.28(1) 3rd Willful, malicious, or 30 intentional burning. 31 19 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 784.05(3) 3rd Storing or leaving a loaded 2 firearm within reach of minor who 3 uses it to inflict injury or 4 death. 5 787.04(1) 3rd In violation of court order, 6 take, entice, etc., minor beyond 7 state limits. 8 806.13(1)(b)3. 3rd Criminal mischief; damage $500 9 $1,000 or more to public 10 communication or any other public 11 service. 12 810.09(2)(e) 3rd Trespassing on posted commerical 13 horticulture property. 14 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or 15 more but less than $5,000. 16 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or 17 more but less than $300, taken 18 from unenclosed curtilage of 19 dwelling. 20 817.234(1)(a)2. 3rd False statement in support of 21 insurance claim. 22 817.481(3)(a) 3rd Obtain credit or purchase with 23 false, expired, counterfeit, 24 etc., credit card, value over 25 $300. 26 817.52(3) 3rd Failure to redeliver hired 27 vehicle. 28 817.54 3rd With intent to defraud, obtain 29 mortgage note, etc., by false 30 representation. 31 20 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 817.60(5) 3rd Dealing in credit cards of 2 another. 3 817.60(6)(a) 3rd Forgery; purchase goods, services 4 with false card. 5 817.61 3rd Fraudulent use of credit cards 6 over $100 or more within 6 7 months. 8 826.04 3rd Knowingly marries or has sexual 9 intercourse with person to whom 10 related. 11 831.01 3rd Forgery. 12 831.02 3rd Uttering forged instrument; 13 utters or publishes alteration 14 with intent to defraud. 15 831.07 3rd Forging bank bills or promissory 16 note. 17 831.08 3rd Possession of 10 or more forged 18 notes. 19 831.09 3rd Uttering forged bills; passes as 20 bank bill or promissory note. 21 832.05(3)(a) 3rd Cashing or depositing item with 22 intent to defraud. 23 843.08 3rd Falsely impersonating an officer. 24 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), 25 (2)(c), (3), or (4) drugs other 26 than cannabis. 27 893.147(2) 3rd Manufacture or delivery of drug 28 paraphernalia. 29 Section 10. Paragraph (c) of subsection (2) of section 30 812.014, Florida Statutes, 1996 Supplement, is amended to 31 read: 21 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 812.014 Theft.-- 2 (2) 3 (c) It is grand theft of the third degree and a felony 4 of the third degree, punishable as provided in s. 775.082, s. 5 775.083, or s. 775.084, if the property stolen is: 6 1. Valued at $300 or more, but less than $5,000. 7 2. Valued at $5,000 or more, but less than $10,000. 8 3. Valued at $10,000 or more, but less than $20,000. 9 4. A will, codicil, or other testamentary instrument. 10 5. A firearm. 11 6. A motor vehicle, except as provided in subparagraph 12 (2)(a). However, a person who commits grand theft of a motor 13 vehicle and who has previously been convicted two or more 14 times of any theft of a motor vehicle commits a felony of the 15 second degree, punishable as provided in s. 775.082, s. 16 775.083, or s. 775.084. 17 7. Any commercially farmed animal, including any 18 animal of the equine, bovine, or swine class, or other grazing 19 animal, and including aquaculture species raised at a 20 certified aquaculture facility. If the property stolen is 21 aquaculture species raised at a certified aquaculture 22 facility, then a $10,000 fine shall be imposed. 23 8. Any fire extinguisher. 24 9. Any amount of citrus fruit consisting of 2,000 or 25 more individual pieces of fruit. 26 10. Taken from a designated construction site 27 identified by the posting of a sign as provided for in s. 28 810.09(2)(d). 29 Section 11. For the purpose of incorporating the 30 amendments to s. 812.014, Florida Statutes, 1996 Supplement, 31 22 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 in references thereto, the following sections or subdivisions 2 of Florida Statutes, are reenacted to read: 3 39.052 Hearings.-- 4 (3) TRANSFER OF A CHILD FOR PROSECUTION AS AN ADULT.-- 5 (a)1. The court shall transfer and certify a child's 6 criminal case for trial as an adult if the child is alleged to 7 have committed a violation of law and, prior to the 8 commencement of an adjudicatory hearing, the child, joined by 9 a parent or, in the absence of a parent, by the guardian or 10 guardian ad litem, demands in writing to be tried as an adult. 11 Once a child has been transferred for criminal prosecution 12 pursuant to a voluntary waiver hearing and has been found to 13 have committed the presenting offense or a lesser included 14 offense, the child shall be handled thereafter in every 15 respect as an adult for any subsequent violation of state law, 16 unless the court imposes juvenile sanctions under s. 17 39.059(4)(b) or (c). 18 2.a. The state attorney may file a motion requesting 19 the court to transfer the child for criminal prosecution if 20 the child was 14 years of age or older at the time the alleged 21 delinquent act or violation of law was committed. If the child 22 has been previously adjudicated delinquent for murder, sexual 23 battery, armed or strong-armed robbery, carjacking, 24 home-invasion robbery, aggravated battery, or aggravated 25 assault, and is currently charged with a second or subsequent 26 violent crime against a person, the state attorney shall file 27 a motion requesting the court to transfer and certify the 28 juvenile for prosecution as an adult, or proceed pursuant to 29 subparagraph 5. 30 b. If the child was 14 years of age or older at the 31 time of commission of a fourth or subsequent alleged felony 23 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 offense and the child was previously adjudicated delinquent or 2 had adjudication withheld for or was found to have committed, 3 or to have attempted or conspired to commit, three offenses 4 that are felony offenses if committed by an adult, and one or 5 more of such felony offenses involved the use or possession of 6 a firearm or violence against a person, the state attorney 7 shall request the court to transfer and certify the child for 8 prosecution as an adult or shall provide written reasons to 9 the court for not making such request, or proceed pursuant to 10 subparagraph 5. Upon the state attorney's request, the court 11 shall either enter an order transferring the case and 12 certifying the case for trial as if the child were an adult or 13 provide written reasons for not issuing such an order. 14 3. If the court finds, after a waiver hearing under 15 subsection (2), that a juvenile who was 14 years of age or 16 older at the time the alleged violation of state law was 17 committed should be charged and tried as an adult, the court 18 shall enter an order transferring the case and certifying the 19 case for trial as if the child were an adult. The child shall 20 thereafter be subject to prosecution, trial, and sentencing as 21 if the child were an adult but subject to the provisions of s. 22 39.059(7). Once a child has been transferred for criminal 23 prosecution pursuant to an involuntary waiver hearing and has 24 been found to have committed the presenting offense or a 25 lesser included offense, the child shall thereafter be handled 26 in every respect as an adult for any subsequent violation of 27 state law, unless the court imposes juvenile sanctions under 28 s. 39.059(4)(b) or (c). 29 4.a. A child of any age who is charged with a 30 violation of state law punishable by death or by life 31 imprisonment is subject to the jurisdiction of the court as 24 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 set forth in s. 39.049(7) unless and until an indictment on 2 the charge is returned by the grand jury. When such indictment 3 is returned, the petition for delinquency, if any, must be 4 dismissed and the child must be tried and handled in every 5 respect as an adult: 6 (I) On the offense punishable by death or by life 7 imprisonment; and 8 (II) On all other felonies or misdemeanors charged in 9 the indictment which are based on the same act or transaction 10 as the offense punishable by death or by life imprisonment or 11 on one or more acts or transactions connected with the offense 12 punishable by death or by life imprisonment. 13 b. An adjudicatory hearing may not be held until 21 14 days after the child is taken into custody and charged with 15 having committed an offense punishable by death or by life 16 imprisonment, unless the state attorney advises the court in 17 writing that he or she does not intend to present the case to 18 the grand jury, or has presented the case to the grand jury 19 and the grand jury has not returned an indictment. If the 20 court receives such a notice from the state attorney, or if 21 the grand jury fails to act within the 21-day period, the 22 court may proceed as otherwise authorized under this part. 23 c. If the child is found to have committed the offense 24 punishable by death or by life imprisonment, the child shall 25 be sentenced as an adult. If the juvenile is not found to have 26 committed the indictable offense but is found to have 27 committed a lesser included offense or any other offense for 28 which he or she was indicted as a part of the criminal 29 episode, the court may sentence as follows: 30 (I) Pursuant to s. 39.059; 31 25 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 (II) Pursuant to chapter 958, notwithstanding any 2 other provisions of that chapter to the contrary; or 3 (III) As an adult, pursuant to s. 39.059(7)(c). 4 d. Once a child has been indicted pursuant to this 5 subsection and has been found to have committed any offense 6 for which he or she was indicted as a part of the criminal 7 episode, the child shall be handled thereafter in every 8 respect as if an adult for any subsequent violation of state 9 law, unless the court imposes juvenile sanctions under s. 10 39.059. 11 5.a. Effective January 1, 1995, with respect to any 12 child who was 14 or 15 years of age at the time the alleged 13 offense was committed, the state attorney may file an 14 information when in the state attorney's judgment and 15 discretion the public interest requires that adult sanctions 16 be considered or imposed and when the offense charged is: 17 (I) Arson; 18 (II) Sexual battery; 19 (III) Robbery; 20 (IV) Kidnapping; 21 (V) Aggravated child abuse; 22 (VI) Aggravated assault; 23 (VII) Aggravated stalking; 24 (VIII) Murder; 25 (IX) Manslaughter; 26 (X) Unlawful throwing, placing, or discharging of a 27 destructive device or bomb; 28 (XI) Armed burglary in violation of s. 810.02(2)(b) or 29 specified burglary of a dwelling or structure in violation of 30 s. 810.02(2)(c); 31 (XII) Aggravated battery; 26 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 (XIII) Lewd or lascivious assault or act in the 2 presence of a child; 3 (XIV) Carrying, displaying, using, threatening, or 4 attempting to use a weapon or firearm during the commission of 5 a felony; or 6 (XV) Grand theft in violation of s. 812.014(2)(a). 7 b. With respect to any child who was 16 or 17 years of 8 age at the time the alleged offense was committed, the state 9 attorney: 10 (I) May file an information when in the state 11 attorney's judgment and discretion the public interest 12 requires that adult sanctions be considered or imposed. 13 However, the state attorney may not file an information on a 14 child charged with a misdemeanor, unless the child has had at 15 least two previous adjudications or adjudications withheld for 16 delinquent acts, one of which involved an offense classified 17 as a felony under state law. 18 (II) Shall file an information if the child has been 19 previously adjudicated delinquent for murder, sexual battery, 20 armed or strong-armed robbery, carjacking, home-invasion 21 robbery, aggravated battery, or aggravated assault, and is 22 currently charged with a second or subsequent violent crime 23 against a person. 24 c. Effective January 1, 1995, notwithstanding 25 subparagraphs 1. and 2., regardless of the child's age at the 26 time the alleged offense was committed, the state attorney 27 must file an information with respect to any child who 28 previously has been adjudicated for offenses which, if 29 committed by an adult, would be felonies and such 30 adjudications occurred at three or more separate delinquency 31 27 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 adjudicatory hearings, and three of which resulted in 2 residential commitments as defined in s. 39.01(59). 3 d. Once a child has been transferred for criminal 4 prosecution pursuant to information and has been found to have 5 committed the presenting offense or a lesser included offense, 6 the child shall be handled thereafter in every respect as if 7 an adult for any subsequent violation of state law, unless the 8 court imposes juvenile sanctions under s. 39.059(6). 9 e. Each state attorney shall develop and annually 10 update written policies and guidelines to govern 11 determinations for filing an information on a juvenile, to be 12 submitted to the Executive Office of the Governor, the 13 President of the Senate, the Speaker of the House of 14 Representatives, and the Juvenile Justice Advisory Board not 15 later than January 1 of each year. 16 f. The state attorney must file an information if a 17 child, regardless of the child's age at the time the alleged 18 offense was committed, is alleged to have committed an act 19 that would be a violation of law if the child were an adult, 20 that involves stealing a motor vehicle, including, but not 21 limited to, a violation of s. 812.133, relating to carjacking, 22 or s. 812.014(2)(c)6., relating to grand theft of a motor 23 vehicle, and while the child was in possession of the stolen 24 motor vehicle the child caused serious bodily injury to or the 25 death of a person who was not involved in the underlying 26 offense. For purposes of this section, the driver and all 27 willing passengers in the stolen motor vehicle at the time 28 such serious bodily injury or death is inflicted shall also be 29 subject to mandatory transfer to adult court. "Stolen motor 30 vehicle," for the purposes of this section, means a motor 31 vehicle that has been the subject of any criminal wrongful 28 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 taking. For purposes of this section, "willing passengers" 2 means all willing passengers who have participated in the 3 underlying offense. 4 538.23 Violations and penalties.-- 5 (2) A secondary metals recycler is presumed to know 6 upon receipt of stolen regulated metals property in a purchase 7 transaction that the regulated metals property has been stolen 8 from another if the secondary metals recycler knowingly and 9 intentionally fails to maintain the information required in s. 10 538.19 and shall, upon conviction of a violation of s. 11 812.015, be punished as provided in s. 812.014(2) or (3). 12 Section 12. (1) The Department of Juvenile Justice 13 and the Department of Children and Family Services shall 14 develop a cooperative agreement on the delivery of mental 15 health and substance abuse treatment services to youth in the 16 juvenile justice system. A district specific cooperative 17 agreement shall be negotiated between and agreed upon by the 18 Department of Juvenile Justice's district juvenile justice 19 manager and the Department of Children and Family Services' 20 district administrator that addresses funding levels, access 21 to services, and accounting for the use of mental health and 22 substance abuse treatment funding designated for youth in the 23 juvenile justice system. These cooperative agreements shall 24 be reviewed and updated annually. 25 (2) The Office of Program Policy Analysis and 26 Government Accountability shall conduct a performance review 27 of the provision of mental health and substance abuse 28 treatment services to children and youth in the juvenile 29 justice system. Issues addressed in this performance review 30 shall include, but are not limited to, the following: the 31 apportionment of funds to the Department of Children and 29 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 Family Services and the Department of Juvenile Justice for 2 mental health and substance abuse services for children and 3 youth in the juvenile justice system; what barriers to either 4 the provision or accessing of such services may be identified; 5 and whether there exists an adequate and valid monitoring 6 system for the use of mental health and substance abuse 7 funding and the provision of such services designated for 8 children and youth in the juvenile justice system. The Office 9 of Program Policy Analysis and Government Accountability shall 10 submit its report with findings and recommendations to the 11 President of the Senate and the Speaker of the House of 12 Representatives by December 1, 1997. 13 Section 13. Effective July 1, 1997, paragraph (b) of 14 subsection (1) of section 39.069, Florida Statutes, is amended 15 to read: 16 39.069 Appeal.-- 17 (1) An appeal from an order of the court affecting a 18 party to a case involving a child pursuant to this part may be 19 taken to the appropriate district court of appeal within the 20 time and in the manner prescribed by the Florida Rules of 21 Appellate Procedure by: 22 (b) The state, which may appeal from: 23 1. An order dismissing a petition or any section 24 thereof; 25 2. An order granting a new adjudicatory hearing; 26 3. An order arresting judgment; 27 4. A ruling on a question of law when the child is 28 adjudicated delinquent and appeals from the judgment; 29 5. The disposition, on the ground that it is illegal; 30 6. A judgment discharging a child on habeas corpus; 31 30 CODING: Words stricken are deletions; words underlined are additions. CS/HB 513, First Engrossed 1 7. An order adjudicating a child insane under the 2 Florida Rules of Juvenile Procedure; and 3 8. All other preadjudicatory hearings, except that the 4 state may not take more than one appeal under this subsection 5 in any case. 6 9. An order denying restitution. 7 8 In the case of an appeal by the state, the notice of appeal 9 shall be filed by the appropriate state attorney or his or her 10 authorized assistant pursuant to the provisions of s. 27.18. 11 Such an appeal shall embody all assignments of error in each 12 preadjudicatory hearing order that the state seeks to have 13 reviewed. The state shall pay all costs of the appeal except 14 for the child's attorney's fee. 15 Section 14. Except as otherwise provided herein, this 16 act shall take effect October 1, 1997. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31