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