Senate Bill 1196c1

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    Florida Senate - 2000                           CS for SB 1196

    By the Committee on Fiscal Policy and Senator Brown-Waite





    309-1842-00

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 20.316, F.S.; revising the duties of the

  4         Secretary of Juvenile Justice; abolishing the

  5         offices of the Deputy Secretary for Operations

  6         and the Assistant Secretary of Programming and

  7         Planning; establishing various programs within

  8         the department; creating juvenile justice

  9         operating circuits; revising the boundaries of

10         the department's service districts to conform

11         to the boundaries of the judicial circuits;

12         amending ss. 984.09 and 985.216, F.S., relating

13         to alternative sanctions coordinators; deleting

14         references to county juvenile justice councils;

15         amending s. 985.03, F.S.; defining the term

16         "conditional release" to mean the supervision

17         and treatment services formerly known as

18         aftercare; defining the term "probation" to

19         mean the legal status formerly known as

20         community control; revising and deleting

21         definitions to conform to other changes made by

22         the act; amending ss. 985.309, 985.31, and

23         985.311, F.S.; revising the minimum period for

24         certain juveniles to participate in a boot

25         camp, a serious or habitual juvenile offender

26         program, or an intensive residential treatment

27         program; amending ss. 20.19, 39.0015, 216.136,

28         232.19, 288.9957, 419.001, 744.309, 784.075,

29         790.22, 938.17, 948.51, 984.03, 984.05,

30         984.086, 984.10, 985.04, 985.06, 985.2066,

31         985.207, 985.215, 985.226, 985.227, 985.228,

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  1         985.23, 985.231, 985.233, 985.305, 985.308,

  2         985.312, 985.3141, 985.315, 985.316, 985.317,

  3         985.401, 985.404, 985.4045, 985.406, 985.411,

  4         985.4145, 985.415, 985.416, 985.417, F.S.;

  5         conforming provisions to changes made by the

  6         act; creating s. 985.4135, F.S.; creating

  7         juvenile justice circuit boards and juvenile

  8         justice county councils; providing for

  9         membership, duties, and procedures; providing

10         that certain members of district juvenile

11         justice boards and county juvenile justice

12         councils may complete their terms; repealing s.

13         985.413, F.S., relating to district juvenile

14         justice boards; repealing s. 985.414, F.S.,

15         relating to county juvenile justice councils;

16         requiring the department to provide technical

17         assistance to facilitate transition to circuit

18         boards and county councils; providing for

19         repeal; authorizing the Executive Office of the

20         Governor to establish salaries for positions

21         within the Department of Juvenile Justice at

22         specified rates; providing effective dates.

23

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

25

26         Section 1.  Section 20.316, Florida Statutes, is

27  amended to read:

28         20.316  Department of Juvenile Justice.--There is

29  created a Department of Juvenile Justice.

30         (1)  SECRETARY OF JUVENILE JUSTICE.--

31

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  1         (a)  The head of the Department of Juvenile Justice is

  2  the Secretary of Juvenile Justice. The secretary of the

  3  department shall be appointed by the Governor and shall serve

  4  at the pleasure of the Governor.

  5         (b)  The Secretary of Juvenile Justice is responsible

  6  for planning, coordinating, and managing the delivery of all

  7  programs and services within the juvenile justice continuum.

  8  For purposes of this section, the term "juvenile justice

  9  continuum" means all children-in-need-of-services programs;

10  families-in-need-of-services programs; other prevention, early

11  intervention, and diversion programs; detention centers and

12  related programs and facilities; community-based residential

13  and nonresidential commitment programs; and delinquency

14  institutions provided or funded by the department.

15         (c)  The Secretary of Juvenile Justice shall:

16         1.  Ensure that juvenile justice continuum programs and

17  services are implemented according to legislative intent;

18  state and federal laws, rules, and regulations; statewide

19  program standards; and performance objectives by reviewing and

20  monitoring regional and circuit district program operations

21  and providing technical assistance to those programs.

22         2.  Identify the need for and recommend the funding and

23  implementation of an appropriate mix of programs and services

24  within the juvenile justice continuum, including prevention,

25  diversion, nonresidential and residential commitment programs,

26  training schools, and conditional release reentry and

27  aftercare programs and services, with an overlay of

28  educational, vocational, alcohol, drug abuse, and mental

29  health services where appropriate.

30         3.  Provide for program research, development, and

31  planning.

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  1         4.  Develop staffing and workload standards and

  2  coordinate staff development and training.

  3         5.  Develop budget and resource allocation

  4  methodologies and strategies.

  5         6.  Establish program policies and rules and ensure

  6  that those policies and rules encourage cooperation,

  7  collaboration, and information sharing with community partners

  8  in the juvenile justice system to the extent authorized by

  9  law.

10         7.  Develop funding sources external to state

11  government.

12         8.  Obtain, approve, monitor, and coordinate research

13  and program development grants.

14         9.  Enter into contracts.

15         (d)  The secretary shall periodically review the needs

16  in each commitment region.

17         (2)  DEPARTMENT PROGRAMS.--The following programs are

18  established within the Department of Juvenile Justice:

19         (a)  Prevention and Victim Services.

20         (b)  Detention.

21         (c)  Residential and Correctional Facilities.

22         (d)  Probation and Community Corrections.

23         (e)  Administration.

24

25  The secretary may appoint an assistant secretary for each of

26  the department's programs and may appoint a chief of staff for

27  the department.

28         (2)  DEPUTY SECRETARY FOR OPERATIONS.--The secretary

29  shall appoint a Deputy Secretary for Operations who shall

30  supervise the managers of the 15 services districts within the

31  department.

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  1         (3)  ASSISTANT SECRETARY OF PROGRAMMING AND

  2  PLANNING.--The secretary shall appoint an Assistant Secretary

  3  of Programming and Planning who shall head the following

  4  divisions:

  5         (a)  Division of Prevention and Intervention.

  6         (b)  Division of Detention and Commitment.

  7         (3)(4)  JUVENILE JUSTICE OPERATING CIRCUITS SERVICE

  8  DISTRICTS.--The department shall plan and administer its

  9  programs through a substate structure that conforms to the

10  boundaries of the judicial circuits prescribed in s. 26.021. A

11  county may seek placement in a juvenile justice operating

12  circuit other than as prescribed in s. 26.021 for

13  participation in the Prevention and Victim Services Program

14  and the Probation and Community Corrections Program by making

15  a request of the chief circuit judge in each judicial circuit

16  affected by such request. Upon a showing that geographic

17  proximity, community identity, or other legitimate concern for

18  efficiency of operations merits alternative placement, each

19  affected chief circuit judge may authorize the execution of an

20  interagency agreement specifying the alternative juvenile

21  justice operating circuit in which the county is to be placed

22  and the basis for the alternative placement. Upon the

23  execution of said interagency agreement by each affected chief

24  circuit judge, the secretary may administratively place a

25  county in an alternative juvenile justice operating circuit

26  pursuant to the agreement. service districts and subdistricts

27  composed of the following counties:

28         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton

29  Counties;

30

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  1         District 2.--Holmes, Washington, Bay, Jackson, Calhoun,

  2  Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson,

  3  Madison, and Taylor Counties;

  4         District 3.--Hamilton, Suwannee, Lafayette, Dixie,

  5  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and

  6  Alachua Counties;

  7         District 4.--Baker, Nassau, Duval, Clay, and St. Johns

  8  Counties;

  9         District 5.--Pasco and Pinellas Counties;

10         District 6.--Hillsborough and Manatee Counties;

11         District 7.--Seminole, Orange, Osceola, and Brevard

12  Counties;

13         District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,

14  Hendry, and Collier Counties;

15         District 9.--Palm Beach County;

16         District 10.--Broward County;

17         District 11.--Dade and Monroe Counties;

18         District 12.--Flagler and Volusia Counties;

19         District 13.--Marion, Citrus, Hernando, Sumter, and

20  Lake Counties;

21         District 14.--Polk, Hardee, and Highlands Counties; and

22         District 15.--Indian River, Okeechobee, St. Lucie, and

23  Martin Counties.

24         (5)  COMMITMENT REGIONS.--The department shall plan and

25  administer its community and institutional delinquency

26  programs, children-in-need-of-services programs, and

27  families-in-need-of-services programs through commitment

28  regions composed of the following service districts:

29         Northwest Region.--Districts 1 and 2.

30         Northeast Region.--Districts 3, 4, 12, and 13.

31         Eastern Region.--Districts 7, 9, and 15.

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  1         Western Region.--Districts 5, 6, 8, and 14.

  2         Southern Region.--Districts 10 and 11.

  3         (4)(6)  INFORMATION SYSTEMS.--

  4         (a)  The Department of Juvenile Justice shall develop,

  5  in consultation with the Criminal and Juvenile Justice

  6  Information Systems Council under s. 943.08, a juvenile

  7  justice information system which shall provide information

  8  concerning the department's activities and programs.

  9         (b)  In establishing the computing and network

10  infrastructure for the development of the information system,

11  the department shall develop a system design to set the

12  direction for the information system.  That design shall

13  include not only department system requirements but also data

14  exchange requirements of other state and local juvenile

15  justice system organizations.

16         (c)  The department shall implement a distributed

17  system architecture which shall be defined in its agency

18  strategic plan.

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

20  minimum:

21         1.  Facilitate case management of juveniles referred to

22  or placed in the department's custody.

23         2.  Provide timely access to current data and computing

24  capacity to support the outcome evaluation activities of the

25  Juvenile Justice Advisory Accountability Board as provided in

26  s. 985.401, legislative oversight, the Juvenile Justice

27  Estimating Conference, and other research.

28         3.  Provide automated support to the quality assurance

29  and program review functions.

30         4.  Provide automated support to the contract

31  management process.

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  1         5.  Provide automated support to the facility

  2  operations management process.

  3         6.  Provide automated administrative support to

  4  increase efficiency, provide the capability of tracking

  5  expenditures of funds by the department or contracted service

  6  providers that are eligible for federal reimbursement, and

  7  reduce forms and paperwork.

  8         7.  Facilitate connectivity, access, and utilization of

  9  information among various state agencies, and other state,

10  federal, local, and private agencies, organizations, and

11  institutions.

12         8.  Provide electronic public access to juvenile

13  justice information, which is not otherwise made confidential

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

15         9.  Provide a system for the training of information

16  system users and user groups.

17         (e)  The department shall aggregate, on a quarterly and

18  an annual basis, the program information, demographic, program

19  utilization rate, and statistical data of the youth served

20  into a descriptive report and shall disseminate the quarterly

21  and annual reports to substantive committees of the House of

22  Representatives and the Senate.

23         (f)  The department shall provide an annual report on

24  the juvenile justice information system to the Criminal and

25  Juvenile Justice Information Systems Council Joint Information

26  Technology Resources Committee. The council committee shall

27  review and forward the report, along with its comments, to the

28  appropriate substantive and appropriations committees of the

29  House of Representatives and the Senate delineating the

30  development status of the system and other information

31  necessary for funding policy formulation.

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  1         (g)  The department shall include in its annual budget

  2  request a comprehensive summary of costs involved in the

  3  establishment of the information system and cost savings

  4  associated with its implementation.  The budget request must

  5  also include a complete inventory of staff, equipment, and

  6  facility resources for development and maintenance of the

  7  system.

  8         Section 2.  Paragraph (o) of subsection (8) and

  9  paragraph (c) of subsection (10) of section 20.19, Florida

10  Statutes, are amended to read:

11         20.19  Department of Children and Family

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

13  Family Services.

14         (8)  HEALTH AND HUMAN SERVICES BOARDS.--

15         (o)  Health and human services boards have the

16  following responsibilities, with respect to those programs and

17  services assigned to the districts, as developed jointly with

18  the district administrator:

19         1.  Establish district outcome measures consistent with

20  statewide outcomes.

21         2.  Conduct district needs assessments using

22  methodologies consistent with those established by the

23  secretary.

24         3.  Negotiate with the secretary a district performance

25  agreement that:

26         a.  Identifies current resources and services

27  available;

28         b.  Identifies unmet needs and gaps in services;

29         c.  Establishes service and funding priorities;

30         d.  Establishes outcome measures for the district; and

31

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  1         e.  Identifies expenditures and the number of clients

  2  to be served, by service.

  3         4.  Provide budget oversight, including development and

  4  approval of the district's legislative budget request.

  5         5.  Provide policy oversight, including development and

  6  approval of district policies and procedures.

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

  8  department activities such as:

  9         a.  Assisting in the integration of all health and

10  social services within the community;

11         b.  Assisting in the development of community

12  resources;

13         c.  Advocating for community programs and services;

14         d.  Receiving and addressing concerns of consumers and

15  others; and

16         e.  Advising the district administrator on the

17  administration of service programs throughout the district.

18         7.  Advise the district administrator on ways to

19  integrate the delivery of family and health care services at

20  the local level.

21         8.  Make recommendations which would enhance district

22  productivity and efficiency, ensure achievement of performance

23  standards, and assist the district in improving the

24  effectiveness of the services provided.

25         9.  Review contract provider performance reports.

26         10.  Immediately upon appointment of the membership,

27  develop bylaws that clearly identify and describe operating

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

29  specify notice requirements for all regular and special

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

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

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  1  members present and voting that are required to take official

  2  and final action on a matter before the board.

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

  4  structure, including the designation of standing committees.

  5  In order to foster the coordinated and integrated delivery of

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

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

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

  9  must include consumers, advocates, providers, and department

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

11  board and district administrator shall jointly identify

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

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

14  represented on the committees of the board.

15         b.  The district juvenile justice circuit boards

16  established in s. 985.4135 985.413 constitute the standing

17  committee on issues relating to planning, funding, or

18  evaluation of programs and services relating to the juvenile

19  justice continuum.

20         12.  Participate with the secretary in the selection of

21  a district administrator according to the provisions of

22  paragraph (10)(b).

23         13.  Complete an annual evaluation of the district and

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

25  public has an opportunity to comment.

26         14.  Provide input to the secretary on the annual

27  evaluation of the district administrator. The board may

28  request that the secretary submit a written report on the

29  actions to be taken to address negative aspects of the

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

31  secretary that the district administrator be discharged. Upon

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

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

  3  respect to the board's recommendation.

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

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

  6         (10)  DISTRICT ADMINISTRATOR.--

  7         (c)  The duties of the district administrator include,

  8  but are not limited to:

  9         1.  Ensuring jointly with the health and human services

10  board that the administration of all service programs is

11  carried out in conformity with state and federal laws, rules,

12  and regulations, statewide service plans, and any other

13  policies, procedures, and guidelines established by the

14  secretary.

15         2.  Administering the offices of the department within

16  the district and directing and coordinating all personnel,

17  facilities, and programs of the department located in that

18  district, except as otherwise provided herein.

19         3.  Applying standard information, referral, intake,

20  diagnostic and evaluation, and case management procedures

21  established by the secretary. Such procedures shall include,

22  but are not limited to, a protective investigation system for

23  dependency programs serving abandoned, abused, and neglected

24  children.

25         4.  Centralizing to the greatest extent possible the

26  administrative functions associated with the provision of

27  services of the department within the district.

28         5.  Coordinating the services provided by the

29  department in the district with those of other districts, with

30  the Secretary of Juvenile Justice, the circuit district

31  juvenile justice manager, and public and private agencies that

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  1  provide health, social, educational, or rehabilitative

  2  services within the district. Such coordination of services

  3  includes cooperation with the superintendent of each school

  4  district in the department's service district to achieve the

  5  first state education goal, readiness to start school.

  6         6.  Except as otherwise provided in this section,

  7  appointing all personnel within the district. The district

  8  administrator and the secretary shall jointly appoint the

  9  superintendent of each institution under the jurisdiction of

10  the department within the district.

11         7.  Establishing, with the approval of the health and

12  human services board, such policies and procedures as may be

13  required to discharge his or her duties and implement and

14  conform the policies, procedures, and guidelines established

15  by the secretary to the needs of the district.

16         8.  Transferring up to 10 percent of the total district

17  budget, with the approval of the secretary, to maximize

18  effective program delivery, the provisions of ss. 216.292 and

19  216.351 notwithstanding.

20         Section 3.  Paragraph (b) of subsection (3) of section

21  39.0015, Florida Statutes, is amended to read:

22         39.0015  Child abuse prevention training in the

23  district school system.--

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

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

26  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

27  984.03(1), (2), and (37) (39).

28         Section 4.  Paragraph (b) of subsection (9) of section

29  216.136, Florida Statutes, is amended to read:

30         216.136  Consensus estimating conferences; duties and

31  principals.--

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  1         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

  2         (b)  Principals.--The Executive Office of the Governor,

  3  the Office of Economic and Demographic Research, and

  4  professional staff who have forecasting expertise from the

  5  Department of Juvenile Justice, the Department of Children and

  6  Family Services Alcohol, Drug Abuse, and Mental Health Program

  7  Office, the Department of Law Enforcement, the Senate

  8  Appropriations Committee staff, the House of Representatives

  9  Appropriations Committee staff, or their designees, are the

10  principals of the Juvenile Justice Estimating Conference. The

11  responsibility of presiding over sessions of the conference

12  shall be rotated among the principals. To facilitate policy

13  and legislative recommendations, the conference may call upon

14  professional staff of the Juvenile Justice Advisory

15  Accountability Board and appropriate legislative staff.

16         Section 5.  Subsection (4) of section 232.19, Florida

17  Statutes, is amended to read:

18         232.19  Court procedure and penalties.--The court

19  procedure and penalties for the enforcement of the provisions

20  of this chapter, relating to compulsory school attendance,

21  shall be as follows:

22         (4)  COOPERATIVE AGREEMENTS.--The circuit district

23  manager of the Department of Juvenile Justice or the circuit

24  district manager's designee, the district administrator of the

25  Department of Children and Family Services or the district

26  administrator's designee, and the superintendent of the local

27  school district or the superintendent's designee must develop

28  a cooperative interagency agreement that:

29         (a)  Clearly defines each department's role,

30  responsibility, and function in working with habitual truants

31  and their families.

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  1         (b)  Identifies and implements measures to resolve and

  2  reduce truant behavior.

  3         (c)  Addresses issues of streamlining service delivery,

  4  the appropriateness of legal intervention, case management,

  5  the role and responsibility of the case staffing committee,

  6  student and parental intervention and involvement, and

  7  community action plans.

  8         (d)  Delineates timeframes for implementation and

  9  identifies a mechanism for reporting results by the circuit

10  district juvenile justice manager or the circuit district

11  manager's designee and the superintendent of schools or the

12  superintendent's designee to the Department of Juvenile

13  Justice and the Department of Education and other governmental

14  entities as needed.

15         (e)  Designates which agency is responsible for each of

16  the intervention steps in this section, to yield more

17  effective and efficient intervention services.

18         Section 6.  Subsection (1) of section 288.9957, Florida

19  Statutes, is amended to read:

20         288.9957  Florida Youth Workforce Council.--

21         (1)  The chairman of the Workforce Development Board

22  shall designate the Florida Youth Workforce Council from

23  representatives of distressed inner-city and rural communities

24  who have demonstrated experience working with at-risk youth,

25  and representatives of public and private groups, including,

26  but not limited to, School-to-Work Advisory Councils, the

27  National Guard, Childrens' Services Councils, Juvenile Welfare

28  Boards, the Apprenticeship Council, juvenile justice circuit

29  District boards, and other federal and state programs that

30  target youth, to advise the board on youth programs and to

31

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  1  implement Workforce Development Board strategies for young

  2  people.

  3         Section 7.  Paragraph (d) of subsection (1) of section

  4  419.001, Florida Statutes, is amended to read:

  5         419.001  Site selection of community residential

  6  homes.--

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

  8  definitions shall apply:

  9         (d)  "Resident" means any of the following:  a frail

10  elder as defined in s. 400.618; a physically disabled or

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

12  developmentally disabled person as defined in s. 393.063(12);

13  a nondangerous mentally ill person as defined in s.

14  394.455(18); or a child as defined in s. 39.01(14), s.

15  984.03(9) or (12), or s. 985.03(8)(9).

16         Section 8.  Subsection (3) of section 744.309, Florida

17  Statutes, is amended to read:

18         744.309  Who may be appointed guardian of a resident

19  ward.--

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

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

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

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

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

25  has been judicially determined to have committed abuse,

26  abandonment, or neglect against a child as defined in s. 39.01

27  or s. 984.03(2) and (37) (39), or who has a confirmed report

28  of abuse, neglect, or exploitation which has been uncontested

29  or upheld pursuant to the provisions of ss. 415.104 and

30  415.1075 shall be appointed to act as a guardian.  Except as

31  provided in subsection (5) or subsection (6), a person who

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  1  provides substantial services to the proposed ward in a

  2  professional or business capacity, or a creditor of the

  3  proposed ward, may not be appointed guardian and retain that

  4  previous professional or business relationship.  A person may

  5  not be appointed a guardian if he or she is in the employ of

  6  any person, agency, government, or corporation that provides

  7  service to the proposed ward in a professional or business

  8  capacity, except that a person so employed may be appointed if

  9  he or she is the spouse, adult child, parent, or sibling of

10  the proposed ward or the court determines that the potential

11  conflict of interest is insubstantial and that the appointment

12  would clearly be in the proposed ward's best interest. The

13  court may not appoint a guardian in any other circumstance in

14  which a conflict of interest may occur.

15         Section 9.  Section 784.075, Florida Statutes, is

16  amended to read:

17         784.075  Battery on detention or commitment facility

18  staff.--A person who commits a battery on a juvenile probation

19  officer, as defined in s. 984.03 or s. 985.03, on other staff

20  of a detention center or facility as defined in s. 984.03 or

21  s. 985.03, or on a staff member of a commitment facility as

22  defined in s. 985.03(45)(47), commits a felony of the third

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

24  s. 775.084. For purposes of this section, a staff member of

25  the facilities listed includes persons employed by the

26  Department of Juvenile Justice, persons employed at facilities

27  licensed by the Department of Juvenile Justice, and persons

28  employed at facilities operated under a contract with the

29  Department of Juvenile Justice.

30         Section 10.  Paragraph (c) of subsection (4) of section

31  790.22, Florida Statutes, is amended to read:

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  1         790.22  Use of BB guns, air or gas-operated guns, or

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

  3  possession of firearms by minor under 18 prohibited;

  4  penalties.--

  5         (4)

  6         (c)  No later than July 1, 1994, the district juvenile

  7  justice circuit boards or county juvenile justice county

  8  councils or the Department of Juvenile Justice shall establish

  9  appropriate community service programs to be available to the

10  alternative sanctions coordinators of the circuit courts in

11  implementing this subsection. The boards or councils or

12  department shall propose the implementation of a community

13  service program in each circuit, and may submit a circuit

14  plan, to be implemented upon approval of the circuit

15  alternative sanctions coordinator.

16         Section 11.  Subsection (4) of section 938.17, Florida

17  Statutes, is amended to read:

18         938.17  County delinquency prevention.--

19         (4)  A sheriff's office that receives the cost

20  assessments established in subsection (1) shall account for

21  all funds that have been deposited into the designated account

22  by August 1 annually in a written report to the county

23  juvenile justice county council if funds are used for

24  assessment centers, and to the district school board if funds

25  are used for suspension programs.

26         Section 12.  Subsection (2) of section 948.51, Florida

27  Statutes, is amended to read:

28         948.51  Community corrections assistance to counties or

29  county consortiums.--

30         (2)  ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

31  county, or a consortium of two or more counties, may contract

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  1  with the Department of Corrections for community corrections

  2  funds as provided in this section. In order to enter into a

  3  community corrections partnership contract, a county or county

  4  consortium must have a public safety coordinating council

  5  established under s. 951.26 and must designate a county

  6  officer or agency to be responsible for administering

  7  community corrections funds received from the state.  The

  8  public safety coordinating council shall prepare, develop, and

  9  implement a comprehensive public safety plan for the county,

10  or the geographic area represented by the county consortium,

11  and shall submit an annual report to the Department of

12  Corrections concerning the status of the program. In preparing

13  the comprehensive public safety plan, the public safety

14  coordinating council shall cooperate with the district

15  juvenile justice circuit board and the county juvenile justice

16  county council, established under s. 985.4135 985.413, in

17  order to include programs and services for juveniles in the

18  plan. To be eligible for community corrections funds under the

19  contract, the initial public safety plan must be approved by

20  the governing board of the county, or the governing board of

21  each county within the consortium, and the Secretary of

22  Corrections based on the requirements of this section. If one

23  or more other counties develop a unified public safety plan,

24  the public safety coordinating council shall submit a single

25  application to the department for funding. Continued contract

26  funding shall be pursuant to subsection (5). The plan for a

27  county or county consortium must cover at least a 5-year

28  period and must include:

29         (a)  A description of programs offered for the job

30  placement and treatment of offenders in the community.

31

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  1         (b)  A specification of community-based intermediate

  2  sentencing options to be offered and the types and number of

  3  offenders to be included in each program.

  4         (c)  Specific goals and objectives for reducing the

  5  projected percentage of commitments to the state prison system

  6  of persons with low total sentencing scores pursuant to the

  7  Criminal Punishment Code.

  8         (d)  Specific evidence of the population status of all

  9  programs which are part of the plan, which evidence

10  establishes that such programs do not include offenders who

11  otherwise would have been on a less intensive form of

12  community supervision.

13         (e)  The assessment of population status by the public

14  safety coordinating council of all correctional facilities

15  owned or contracted for by the county or by each county within

16  the consortium.

17         (f)  The assessment of bed space that is available for

18  substance abuse intervention and treatment programs and the

19  assessment of offenders in need of treatment who are committed

20  to each correctional facility owned or contracted for by the

21  county or by each county within the consortium.

22         (g)  A description of program costs and sources of

23  funds for each community corrections program, including

24  community corrections funds, loans, state assistance, and

25  other financial assistance.

26         Section 13.  Subsections (24) and (25) of section

27  984.03, Florida Statutes, are repealed, subsections (26)

28  through (58) are renumbered as subsections (24) through (56),

29  respectively, and present subsections (32) and (33) of that

30  section are amended to read:

31

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  1         984.03  Definitions.--When used in this chapter, the

  2  term:

  3         (30)(32)  "Juvenile justice continuum" includes, but is

  4  not limited to, delinquency prevention programs and services

  5  designed for the purpose of preventing or reducing delinquent

  6  acts, including criminal activity by youth gangs and juvenile

  7  arrests, as well as programs and services targeted at children

  8  who have committed delinquent acts, and children who have

  9  previously been committed to residential treatment programs

10  for delinquents. The term includes

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

12  programs; conditional release aftercare and reentry services;

13  substance abuse and mental health programs; educational and

14  vocational programs; recreational programs; community services

15  programs; community service work programs; and alternative

16  dispute resolution programs serving children at risk of

17  delinquency and their families, whether offered or delivered

18  by state or local governmental entities, public or private

19  for-profit or not-for-profit organizations, or religious or

20  charitable organizations.

21         (31)(33)  "Juvenile probation officer" means the

22  authorized agent of the department who performs and directs

23  intake, assessment, probation, or conditional release

24  aftercare, and other related services.

25         Section 14.  Section 984.05, Florida Statutes, is

26  amended to read:

27         984.05  Rules relating to habitual truants; adoption by

28  Department of Education and Department of Juvenile

29  Justice.--The Department of Juvenile Justice and the

30  Department of Education shall work together on the development

31

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  1  of, and shall adopt, rules as necessary for the implementation

  2  of ss. 232.19, 984.03(27)(29), and 985.03(25)(28).

  3         Section 15.  Section 984.086, Florida Statutes, is

  4  amended to read:

  5         984.086  Children locked out of the home; interagency

  6  cooperation.--The Department of Juvenile Justice and the

  7  Department of Children and Family Services shall encourage

  8  interagency cooperation within each circuit district and shall

  9  develop comprehensive agreements between the staff and

10  providers for each department in order to coordinate the

11  services provided to children who are locked out of the home

12  and the families of those children.

13         Section 16.  Subsection (5) of section 984.09, Florida

14  Statutes, is amended to read:

15         984.09  Punishment for contempt of court; alternative

16  sanctions.--

17         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

18  created the position of alternative sanctions coordinator

19  within each judicial circuit, pursuant to subsection (3). Each

20  alternative sanctions coordinator shall serve under the

21  direction of the chief administrative judge of the juvenile

22  division as directed by the chief judge of the circuit. The

23  alternative sanctions coordinator shall act as the liaison

24  between the judiciary, and county juvenile justice councils,

25  the local department officials, district school board

26  employees, and local law enforcement agencies. The alternative

27  sanctions coordinator shall coordinate within the circuit

28  community-based alternative sanctions, including nonsecure

29  detention programs, community service projects, and other

30  juvenile sanctions, in conjunction with the circuit plan

31  implemented in accordance with s. 790.22(4)(c).

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  1         Section 17.  Subsection (2) of section 984.10, Florida

  2  Statutes, is amended to read:

  3         984.10  Intake.--

  4         (2)  A representative of the department shall make a

  5  preliminary determination as to whether the report or

  6  complaint is complete. The criteria for the completeness of a

  7  report or complaint with respect to a child alleged to be from

  8  a family in need of services while subject to compulsory

  9  school attendance shall be governed by s. 984.03(27)(29). In

10  any case in which the representative of the department finds

11  that the report or complaint is incomplete, the representative

12  of the department shall return the report or complaint without

13  delay to the person or agency originating the report or

14  complaint or having knowledge of the facts or to the

15  appropriate law enforcement agency having investigative

16  jurisdiction and request additional information in order to

17  complete the report or complaint.

18         Section 18.  Section 985.03, Florida Statutes, is

19  amended to read:

20         985.03  Definitions.--When used in this chapter, the

21  term:

22         (1)  "Addictions receiving facility" means a substance

23  abuse service provider as defined in chapter 397.

24         (2)  "Adjudicatory hearing" means a hearing for the

25  court to determine whether or not the facts support the

26  allegations stated in the petition, as is provided for under

27  s. 985.228 in delinquency cases.

28         (3)  "Adult" means any natural person other than a

29  child.

30         (4)(5)  "Arbitration" means a process whereby a neutral

31  third person or panel, called an arbitrator or an arbitration

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  1  panel, considers the facts and arguments presented by the

  2  parties and renders a decision which may be binding or

  3  nonbinding.

  4         (5)(6)  "Authorized agent" or "designee" of the

  5  department means a person or agency assigned or designated by

  6  the Department of Juvenile Justice or the Department of

  7  Children and Family Services, as appropriate, to perform

  8  duties or exercise powers pursuant to this chapter and

  9  includes contract providers and their employees for purposes

10  of providing services to and managing cases of children in

11  need of services and families in need of services.

12         (6)(7)  "Child" or "juvenile" or "youth" means any

13  unmarried person under the age of 18 who has not been

14  emancipated by order of the court and who has been found or

15  alleged to be dependent, in need of services, or from a family

16  in need of services; or any married or unmarried person who is

17  charged with a violation of law occurring prior to the time

18  that person reached the age of 18 years.

19         (7)(8)  "Child eligible for an intensive residential

20  treatment program for offenders less than 13 years of age"

21  means a child who has been found to have committed a

22  delinquent act or a violation of law in the case currently

23  before the court and who meets at least one of the following

24  criteria:

25         (a)  The child is less than 13 years of age at the time

26  of the disposition for the current offense and has been

27  adjudicated on the current offense for:

28         1.  Arson;

29         2.  Sexual battery;

30         3.  Robbery;

31         4.  Kidnapping;

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  1         5.  Aggravated child abuse;

  2         6.  Aggravated assault;

  3         7.  Aggravated stalking;

  4         8.  Murder;

  5         9.  Manslaughter;

  6         10.  Unlawful throwing, placing, or discharging of a

  7  destructive device or bomb;

  8         11.  Armed burglary;

  9         12.  Aggravated battery;

10         13.  Any lewd or lascivious offense committed upon or

11  in the presence of a person less than 16 years of age; or

12         14.  Carrying, displaying, using, threatening, or

13  attempting to use a weapon or firearm during the commission of

14  a felony.

15         (b)  The child is less than 13 years of age at the time

16  of the disposition, the current offense is a felony, and the

17  child has previously been committed at least once to a

18  delinquency commitment program.

19         (c)  The child is less than 13 years of age and is

20  currently committed for a felony offense and transferred from

21  a moderate-risk or high-risk residential commitment placement.

22         (8)(9)  "Child in need of services" means a child for

23  whom there is no pending investigation into an allegation or

24  suspicion of abuse, neglect, or abandonment; no pending

25  referral alleging the child is delinquent; or no current

26  supervision by the Department of Juvenile Justice or the

27  Department of Children and Family Services for an adjudication

28  of dependency or delinquency. The child must also, pursuant to

29  this chapter, be found by the court:

30         (a)  To have persistently run away from the child's

31  parents or legal custodians despite reasonable efforts of the

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  1  child, the parents or legal custodians, and appropriate

  2  agencies to remedy the conditions contributing to the

  3  behavior. Reasonable efforts shall include voluntary

  4  participation by the child's parents or legal custodians and

  5  the child in family mediation, services, and treatment offered

  6  by the Department of Juvenile Justice or the Department of

  7  Children and Family Services;

  8         (b)  To be habitually truant from school, while subject

  9  to compulsory school attendance, despite reasonable efforts to

10  remedy the situation pursuant to ss. 232.17 and 232.19 and

11  through voluntary participation by the child's parents or

12  legal custodians and by the child in family mediation,

13  services, and treatment offered by the Department of Juvenile

14  Justice or the Department of Children and Family Services; or

15         (c)  To have persistently disobeyed the reasonable and

16  lawful demands of the child's parents or legal custodians, and

17  to be beyond their control despite efforts by the child's

18  parents or legal custodians and appropriate agencies to remedy

19  the conditions contributing to the behavior. Reasonable

20  efforts may include such things as good faith participation in

21  family or individual counseling.

22         (9)(10)  "Child who has been found to have committed a

23  delinquent act" means a child who, pursuant to the provisions

24  of this chapter, is found by a court to have committed a

25  violation of law or to be in direct or indirect contempt of

26  court, except that this definition shall not include an act

27  constituting contempt of court arising out of a dependency

28  proceeding or a proceeding pursuant to part III of this

29  chapter.

30         (10)(11)  "Child support" means a court-ordered

31  obligation, enforced under chapter 61 and ss.

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  1  409.2551-409.2597, for monetary support for the care,

  2  maintenance, training, and education of a child.

  3         (11)(12)  "Circuit" means any of the 20 judicial

  4  circuits as set forth in s. 26.021.

  5         (12)(14)  "Comprehensive assessment" or "assessment"

  6  means the gathering of information for the evaluation of a

  7  juvenile offender's or a child's physical, psychological,

  8  educational, vocational, and social condition and family

  9  environment as they relate to the child's need for

10  rehabilitative and treatment services, including substance

11  abuse treatment services, mental health services,

12  developmental services, literacy services, medical services,

13  family services, and other specialized services, as

14  appropriate.

15         (13)(4)  "Conditional release Aftercare" means the

16  care, treatment, help, and supervision provided to a juvenile

17  released from a residential commitment program which is

18  intended to promote rehabilitation and prevent recidivism. The

19  purpose of conditional release aftercare is to protect the

20  public, reduce recidivism, increase responsible productive

21  behavior, and provide for a successful transition of the youth

22  from the department to the family. Conditional release

23  Aftercare includes, but is not limited to, minimum-risk

24  nonresidential programs, reentry services, and postcommitment

25  probation community control.

26         (14)(15)  "Court," unless otherwise expressly stated,

27  means the circuit court assigned to exercise jurisdiction

28  under this chapter.

29         (15)(16)(a)  "Delinquency program" means any intake,

30  probation community control, or similar program; regional

31  detention center or facility; or community-based program,

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  1  whether owned and operated by or contracted by the Department

  2  of Juvenile Justice, or institution owned and operated by or

  3  contracted by the Department of Juvenile Justice, which

  4  provides intake, supervision, or custody and care of children

  5  who are alleged to be or who have been found to be delinquent

  6  pursuant to part II.

  7         (b)  "Delinquency program staff" means supervisory and

  8  direct care staff of a delinquency program as well as support

  9  staff who have direct contact with children in a delinquency

10  program.

11         (c)  "Delinquency prevention programs" means programs

12  designed for the purpose of reducing the occurrence of

13  delinquency, including youth and street gang activity, and

14  juvenile arrests. The term excludes arbitration, diversionary

15  or mediation programs, and community service work or other

16  treatment available subsequent to a child committing a

17  delinquent act.

18         (16)(17)  "Department" means the Department of Juvenile

19  Justice.

20         (17)(18)  "Designated facility" or "designated

21  treatment facility" means any facility designated by the

22  Department of Juvenile Justice to provide treatment to

23  juvenile offenders.

24         (18)(19)  "Detention care" means the temporary care of

25  a child in secure, nonsecure, or home detention, pending a

26  court adjudication or disposition or execution of a court

27  order.  There are three types of detention care, as follows:

28         (a)  "Secure detention" means temporary custody of the

29  child while the child is under the physical restriction of a

30  detention center or facility pending adjudication,

31  disposition, or placement.

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  1         (b)  "Nonsecure detention" means temporary custody of

  2  the child while the child is in a residential home in the

  3  community in a physically nonrestrictive environment under the

  4  supervision of the Department of Juvenile Justice pending

  5  adjudication, disposition, or placement.

  6         (c)  "Home detention" means temporary custody of the

  7  child while the child is released to the custody of the

  8  parent, guardian, or custodian in a physically nonrestrictive

  9  environment under the supervision of the Department of

10  Juvenile Justice staff pending adjudication, disposition, or

11  placement.

12         (19)(20)  "Detention center or facility" means a

13  facility used pending court adjudication or disposition or

14  execution of court order for the temporary care of a child

15  alleged or found to have committed a violation of law.  A

16  detention center or facility may provide secure or nonsecure

17  custody. A facility used for the commitment of adjudicated

18  delinquents shall not be considered a detention center or

19  facility.

20         (20)(21)  "Detention hearing" means a hearing for the

21  court to determine if a child should be placed in temporary

22  custody, as provided for under ss. 985.213 and 985.215 in

23  delinquency cases.

24         (21)(22)  "Disposition hearing" means a hearing in

25  which the court determines the most appropriate dispositional

26  services in the least restrictive available setting provided

27  for under s. 985.231, in delinquency cases.

28         (23)  "District" means a service district of the

29  Department of Juvenile Justice.

30         (24)  "District juvenile justice manager" means the

31  person appointed by the Secretary of Juvenile Justice,

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  1  responsible for planning, managing, and evaluating all

  2  juvenile justice continuum programs and services delivered or

  3  funded by the Department of Juvenile Justice within the

  4  district.

  5         (22)(25)  "Family" means a collective body of persons,

  6  consisting of a child and a parent, guardian, adult custodian,

  7  or adult relative, in which:

  8         (a)  The persons reside in the same house or living

  9  unit; or

10         (b)  The parent, guardian, adult custodian, or adult

11  relative has a legal responsibility by blood, marriage, or

12  court order to support or care for the child.

13         (23)(26)  "Family in need of services" means a family

14  that has a child for whom there is no pending investigation

15  into an allegation of abuse, neglect, or abandonment or no

16  current supervision by the Department of Juvenile Justice or

17  the Department of Children and Family Services for an

18  adjudication of dependency or delinquency. The child must also

19  have been referred to a law enforcement agency or the

20  Department of Juvenile Justice for:

21         (a)  Running away from parents or legal custodians;

22         (b)  Persistently disobeying reasonable and lawful

23  demands of parents or legal custodians, and being beyond their

24  control; or

25         (c)  Habitual truancy from school.

26         (24)(27)  "Foster care" means care provided a child in

27  a foster family or boarding home, group home, agency boarding

28  home, child care institution, or any combination thereof.

29         (25)(28)  "Habitually truant" means that:

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

31  calendar days with or without the knowledge or justifiable

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

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

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

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

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

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

  7  under ss. 232.17 and 232.19 have been completed.

  8

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

10  responsive to the interventions described in ss. 232.17 and

11  232.19 and has completed the necessary requirements to pass

12  the current grade as indicated in the district pupil

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

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

15  compulsory school attendance age has 15 unexcused absences

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

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

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

19  appropriate agency for evaluation.  After consulting with the

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

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

22         (c)  A school representative, designated according to

23  school board policy, and a juvenile probation officer of the

24  Department of Juvenile Justice have jointly investigated the

25  truancy problem or, if that was not feasible, have performed

26  separate investigations to identify conditions that could be

27  contributing to the truant behavior; and if, after a joint

28  staffing of the case to determine the necessity for services,

29  such services were determined to be needed, the persons who

30  performed the investigations met jointly with the family and

31  child to discuss any referral to appropriate community

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  1  agencies for economic services, family or individual

  2  counseling, or other services required to remedy the

  3  conditions that are contributing to the truant behavior.

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

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

  6  effort to participate, in the activities prescribed to remedy

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

  8  return to school after participation in activities required by

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

10  truant behavior after the school administration and the

11  Department of Juvenile Justice have worked with the child as

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

13  232.19.

14         (26)(29)  "Halfway house" means a community-based

15  residential program for 10 or more committed delinquents at

16  the moderate-risk restrictiveness level that is operated or

17  contracted by the Department of Juvenile Justice.

18         (27)(30)  "Intake" means the initial acceptance and

19  screening by the Department of Juvenile Justice of a complaint

20  or a law enforcement report or probable cause affidavit of

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

22  services to determine the recommendation to be taken in the

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

24  The emphasis of intake is on diversion and the least

25  restrictive available services. Consequently, intake includes

26  such alternatives as:

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

28  probable cause affidavit without court or public agency action

29  or judicial handling when appropriate.

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

31  private agency when appropriate.

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  1         (c)  The recommendation by the juvenile probation

  2  officer of judicial handling when appropriate and warranted.

  3         (28)(31)  "Judge" means the circuit judge exercising

  4  jurisdiction pursuant to this chapter.

  5         (29)(32)  "Juvenile justice continuum" includes, but is

  6  not limited to, delinquency prevention programs and services

  7  designed for the purpose of preventing or reducing delinquent

  8  acts, including criminal activity by youth gangs, and juvenile

  9  arrests, as well as programs and services targeted at children

10  who have committed delinquent acts, and children who have

11  previously been committed to residential treatment programs

12  for delinquents. The term includes

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

14  programs; conditional release aftercare and reentry services;

15  substance abuse and mental health programs; educational and

16  vocational programs; recreational programs; community services

17  programs; community service work programs; and alternative

18  dispute resolution programs serving children at risk of

19  delinquency and their families, whether offered or delivered

20  by state or local governmental entities, public or private

21  for-profit or not-for-profit organizations, or religious or

22  charitable organizations.

23         (30)(33)  "Juvenile probation officer" means the

24  authorized agent of the Department of Juvenile Justice who

25  performs the intake or case management function for a child

26  alleged to be delinquent.

27         (31)(34)  "Juvenile sexual offender" means:

28         (a)  A juvenile who has been found by the court

29  pursuant to s. 985.228 to have committed a violation of

30  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

31  847.0133;

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  1         (b)  A juvenile found to have committed any violation

  2  of law or delinquent act involving juvenile sexual abuse.

  3  "Juvenile sexual abuse" means any sexual behavior which occurs

  4  without consent, without equality, or as a result of coercion.

  5  For purposes of this subsection, the following definitions

  6  apply:

  7         1.  "Coercion" means the exploitation of authority, use

  8  of bribes, threats of force, or intimidation to gain

  9  cooperation or compliance.

10         2.  "Equality" means two participants operating with

11  the same level of power in a relationship, neither being

12  controlled nor coerced by the other.

13         3.  "Consent" means an agreement including all of the

14  following:

15         a.  Understanding what is proposed based on age,

16  maturity, developmental level, functioning, and experience.

17         b.  Knowledge of societal standards for what is being

18  proposed.

19         c.  Awareness of potential consequences and

20  alternatives.

21         d.  Assumption that agreement or disagreement will be

22  accepted equally.

23         e.  Voluntary decision.

24         f.  Mental competence.

25

26  Juvenile sexual offender behavior ranges from noncontact

27  sexual behavior such as making obscene phone calls,

28  exhibitionism, voyeurism, and the showing or taking of lewd

29  photographs to varying degrees of direct sexual contact, such

30  as frottage, fondling, digital penetration, rape, fellatio,

31  sodomy, and various other sexually aggressive acts.

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  1         (32)(35)  "Legal custody" means a legal status created

  2  by court order or letter of guardianship which vests in a

  3  custodian of the person or guardian, whether an agency or an

  4  individual, the right to have physical custody of the child

  5  and the right and duty to protect, train, and discipline the

  6  child and to provide him or her with food, shelter, education,

  7  and ordinary medical, dental, psychiatric, and psychological

  8  care.

  9         (33)(36)  "Licensed child-caring agency" means a

10  person, society, association, or agency licensed by the

11  Department of Children and Family Services to care for,

12  receive, and board children.

13         (34)(37)  "Licensed health care professional" means a

14  physician licensed under chapter 458, an osteopathic physician

15  licensed under chapter 459, a nurse licensed under chapter

16  464, a physician assistant licensed under chapter 458 or

17  chapter 459, or a dentist licensed under chapter 466.

18         (35)(38)  "Likely to injure oneself" means that, as

19  evidenced by violent or other actively self-destructive

20  behavior, it is more likely than not that within a 24-hour

21  period the child will attempt to commit suicide or inflict

22  serious bodily harm on himself or herself.

23         (36)(39)  "Likely to injure others" means that it is

24  more likely than not that within a 24-hour period the child

25  will inflict serious and unjustified bodily harm on another

26  person.

27         (37)(40)  "Mediation" means a process whereby a neutral

28  third person called a mediator acts to encourage and

29  facilitate the resolution of a dispute between two or more

30  parties.  It is an informal and nonadversarial process with

31  the objective of helping the disputing parties reach a

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  1  mutually acceptable and voluntary agreement.  In mediation,

  2  decisionmaking authority rests with the parties.  The role of

  3  the mediator includes, but is not limited to, assisting the

  4  parties in identifying issues, fostering joint problem

  5  solving, and exploring settlement alternatives.

  6         (38)(41)  "Necessary medical treatment" means care

  7  which is necessary within a reasonable degree of medical

  8  certainty to prevent the deterioration of a child's condition

  9  or to alleviate immediate pain of a child.

10         (39)(42)  "Next of kin" means an adult relative of a

11  child who is the child's brother, sister, grandparent, aunt,

12  uncle, or first cousin.

13         (40)(43)  "Parent" means a woman who gives birth to a

14  child and a man whose consent to the adoption of the child

15  would be required under s. 63.062(1)(b). If a child has been

16  legally adopted, the term "parent" means the adoptive mother

17  or father of the child. The term does not include an

18  individual whose parental relationship to the child has been

19  legally terminated, or an alleged or prospective parent,

20  unless the parental status falls within the terms of either s.

21  39.503 or s. 63.062(1)(b).

22         (41)(44)  "Preliminary screening" means the gathering

23  of preliminary information to be used in determining a child's

24  need for further evaluation or assessment or for referral for

25  other substance abuse services through means such as

26  psychosocial interviews; urine and breathalyzer screenings;

27  and reviews of available educational, delinquency, and

28  dependency records of the child.

29         (42)(45)  "Preventive services" means social services

30  and other supportive and rehabilitative services provided to

31  the parent of the child, the legal guardian of the child, or

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  1  the custodian of the child and to the child for the purpose of

  2  averting the removal of the child from the home or disruption

  3  of a family which will or could result in the placement of a

  4  child in foster care.  Social services and other supportive

  5  and rehabilitative services shall promote the child's need for

  6  a safe, continuous, stable living environment and shall

  7  promote family autonomy and shall strengthen family life as

  8  the first priority whenever possible.

  9         (43)(13)  "Probation Community control" means the legal

10  status of probation created by law and court order in cases

11  involving a child who has been found to have committed a

12  delinquent act. Probation Community control is an

13  individualized program in which the freedom of the child is

14  limited and the child is restricted to noninstitutional

15  quarters or restricted to the child's home in lieu of

16  commitment to the custody of the Department of Juvenile

17  Justice.

18         (44)(46)  "Relative" means a grandparent,

19  great-grandparent, sibling, first cousin, aunt, uncle,

20  great-aunt, great-uncle, niece, or nephew, whether related by

21  the whole or half blood, by affinity, or by adoption. The term

22  does not include a stepparent.

23         (45)(47)  "Restrictiveness level" means the level of

24  custody provided by programs that service the custody and care

25  needs of committed children. There shall be five

26  restrictiveness levels:

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

28  classified for placement in programs at this restrictiveness

29  level represent a minimum risk to themselves and public safety

30  and do not require placement and services in residential

31  settings. Programs or program models in this restrictiveness

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  1  level include: community counselor supervision programs,

  2  special intensive group programs, nonresidential marine

  3  programs, nonresidential training and rehabilitation centers,

  4  and other local community nonresidential programs, including

  5  any nonresidential program or supervision program that is used

  6  for conditional release aftercare placement.

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

  8  classified for placement in programs at this level represent a

  9  low risk to themselves and public safety and do require

10  placement and services in residential settings. Programs or

11  program models in this restrictiveness level include: Short

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

13  group homes, proctor homes, and Short Term Environmental

14  Programs (STEP). Section 985.3141 applies to children placed

15  in programs in this restrictiveness level.

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

17  classified for placement in programs in this restrictiveness

18  level represent a moderate risk to public safety.  Programs

19  are designed for children who require close supervision but do

20  not need placement in facilities that are physically secure.

21  Programs in the moderate-risk residential restrictiveness

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

23  treatment.  Upon specific appropriation, a facility at this

24  restrictiveness level may have a security fence around the

25  perimeter of the grounds of the facility and may be

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

27  this restrictiveness level may seclude a child who is a

28  physical threat to himself or herself or others.  Mechanical

29  restraint may also be used when necessary. Programs or program

30  models in this restrictiveness level include: halfway houses,

31  START Centers, the Dade Intensive Control Program, licensed

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  1  substance abuse residential programs, and moderate-term

  2  wilderness programs designed for committed delinquent youth

  3  that are operated or contracted by the Department of Juvenile

  4  Justice.  Section 985.3141 applies to children placed in

  5  programs in this restrictiveness level.

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

  7  classified for this level of placement require close

  8  supervision in a structured residential setting that provides

  9  24-hour-per-day secure custody, care, and supervision.

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

11  for public safety that outweighs placement in programs at

12  lower restrictiveness levels. Programs or program models in

13  this level are staff-secure or physically secure residential

14  commitment facilities and include: training schools, intensive

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

16  wilderness programs designed exclusively for committed

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

18  and the Broward Control Treatment Center. Section 985.3141

19  applies to children placed in programs in this restrictiveness

20  level.

21         (e)  Juvenile correctional facilities or juvenile

22  prison.--Youth assessed and classified for this level of

23  placement require close supervision in a maximum security

24  residential setting that provides 24-hour-per-day secure

25  custody, care, and supervision. Placement in a program in this

26  level is prompted by a demonstrated need to protect the

27  public. Programs or program models in this level are

28  maximum-secure-custody, long-term residential commitment

29  facilities that are intended to provide a moderate overlay of

30  educational, vocational, and behavioral-modification services

31  and other maximum-security program models authorized by the

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  1  Legislature and established by rule.  Section 985.3141 applies

  2  to children placed in programs in this restrictiveness level.

  3         (46)(48)  "Secure detention center or facility" means a

  4  physically restricting facility for the temporary care of

  5  children, pending adjudication, disposition, or placement.

  6         (47)(49)  "Serious or habitual juvenile offender," for

  7  purposes of commitment to a residential facility and for

  8  purposes of records retention, means a child who has been

  9  found to have committed a delinquent act or a violation of

10  law, in the case currently before the court, and who meets at

11  least one of the following criteria:

12         (a)  The youth is at least 13 years of age at the time

13  of the disposition for the current offense and has been

14  adjudicated on the current offense for:

15         1.  Arson;

16         2.  Sexual battery;

17         3.  Robbery;

18         4.  Kidnapping;

19         5.  Aggravated child abuse;

20         6.  Aggravated assault;

21         7.  Aggravated stalking;

22         8.  Murder;

23         9.  Manslaughter;

24         10.  Unlawful throwing, placing, or discharging of a

25  destructive device or bomb;

26         11.  Armed burglary;

27         12.  Aggravated battery;

28         13.  Any lewd or lascivious offense committed upon or

29  in the presence of a person less than 16 years of age; or

30

31

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  1         14.  Carrying, displaying, using, threatening, or

  2  attempting to use a weapon or firearm during the commission of

  3  a felony.

  4         (b)  The youth is at least 13 years of age at the time

  5  of the disposition, the current offense is a felony, and the

  6  child has previously been committed at least two times to a

  7  delinquency commitment program.

  8         (c)  The youth is at least 13 years of age and is

  9  currently committed for a felony offense and transferred from

10  a moderate-risk or high-risk residential commitment placement.

11         (48)(50)  "Serious or habitual juvenile offender

12  program" means the program established in s. 985.31.

13         (49)(51)  "Shelter" means a place for the temporary

14  care of a child who is alleged to be or who has been found to

15  be delinquent.

16         (50)(52)  "Shelter hearing" means a hearing provided

17  for under s. 984.14 in family-in-need-of-services cases or

18  child-in-need-of-services cases.

19         (51)(53)  "Staff-secure shelter" means a facility in

20  which a child is supervised 24 hours a day by staff members

21  who are awake while on duty. The facility is for the temporary

22  care and assessment of a child who has been found to be

23  dependent, who has violated a court order and been found in

24  contempt of court, or whom the Department of Children and

25  Family Services is unable to properly assess or place for

26  assistance within the continuum of services provided for

27  dependent children.

28         (52)(54)  "Substance abuse" means using, without

29  medical reason, any psychoactive or mood-altering drug,

30  including alcohol, in such a manner as to induce impairment

31  resulting in dysfunctional social behavior.

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  1         (53)(55)  "Taken into custody" means the status of a

  2  child immediately when temporary physical control over the

  3  child is attained by a person authorized by law, pending the

  4  child's release, detention, placement, or other disposition as

  5  authorized by law.

  6         (54)(56)  "Temporary legal custody" means the

  7  relationship that a juvenile court creates between a child and

  8  an adult relative of the child, adult nonrelative approved by

  9  the court, or other person until a more permanent arrangement

10  is ordered. Temporary legal custody confers upon the custodian

11  the right to have temporary physical custody of the child and

12  the right and duty to protect, train, and discipline the child

13  and to provide the child with food, shelter, and education,

14  and ordinary medical, dental, psychiatric, and psychological

15  care, unless these rights and duties are otherwise enlarged or

16  limited by the court order establishing the temporary legal

17  custody relationship.

18         (55)(57)  "Temporary release" means the terms and

19  conditions under which a child is temporarily released from a

20  commitment facility or allowed home visits. If the temporary

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

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

23  facility, the terms and conditions of the temporary release

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

25  The term includes periods during which the child is supervised

26  pursuant to a conditional release reentry program or an

27  aftercare program or a period during which the child is

28  supervised by a juvenile probation officer or other

29  nonresidential staff of the department or staff employed by an

30  entity under contract with the department. A child placed in a

31  postcommitment supervision program by order of the court is

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  1  not considered to be on temporary release and is not subject

  2  to the terms and conditions of temporary release.

  3         (56)(58)  "Training school" means one of the following

  4  facilities: the Arthur G. Dozier School or the Eckerd Youth

  5  Development Center.

  6         (57)(59)  "Violation of law" or "delinquent act" means

  7  a violation of any law of this state, the United States, or

  8  any other state which is a misdemeanor or a felony or a

  9  violation of a county or municipal ordinance which would be

10  punishable by incarceration if the violation were committed by

11  an adult.

12         (58)(60)  "Waiver hearing" means a hearing provided for

13  under s. 985.226(3).

14         Section 19.  Paragraph (a) of subsection (3) and

15  paragraph (a) of subsection (4) of section 985.04, Florida

16  Statutes, are amended to read:

17         985.04  Oaths; records; confidential information.--

18         (3)(a)  Except as provided in subsections (2), (4),

19  (5), and (6), and s. 943.053, all information obtained under

20  this part in the discharge of official duty by any judge, any

21  employee of the court, any authorized agent of the Department

22  of Juvenile Justice, the Parole Commission, the Juvenile

23  Justice Advisory Accountability Board, the Department of

24  Corrections, the district juvenile justice circuit boards, any

25  law enforcement agent, or any licensed professional or

26  licensed community agency representative participating in the

27  assessment or treatment of a juvenile is confidential and may

28  be disclosed only to the authorized personnel of the court,

29  the Department of Juvenile Justice and its designees, the

30  Department of Corrections, the Parole Commission, the Juvenile

31  Justice Advisory Accountability Board, law enforcement agents,

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  1  school superintendents and their designees, any licensed

  2  professional or licensed community agency representative

  3  participating in the assessment or treatment of a juvenile,

  4  and others entitled under this chapter to receive that

  5  information, or upon order of the court. Within each county,

  6  the sheriff, the chiefs of police, the district school

  7  superintendent, and the department shall enter into an

  8  interagency agreement for the purpose of sharing information

  9  about juvenile offenders among all parties. The agreement must

10  specify the conditions under which summary criminal history

11  information is to be made available to appropriate school

12  personnel, and the conditions under which school records are

13  to be made available to appropriate department personnel. Such

14  agreement shall require notification to any classroom teacher

15  of assignment to the teacher's classroom of a juvenile who has

16  been placed in a probation community control or commitment

17  program for a felony offense. The agencies entering into such

18  agreement must comply with s. 943.0525, and must maintain the

19  confidentiality of information that is otherwise exempt from

20  s. 119.07(1), as provided by law.

21         (4)(a)  Records in the custody of the Department of

22  Juvenile Justice regarding children are not open to inspection

23  by the public. Such records may be inspected only upon order

24  of the Secretary of Juvenile Justice or his or her authorized

25  agent by persons who have sufficient reason and upon such

26  conditions for their use and disposition as the secretary or

27  his or her authorized agent deems proper. The information in

28  such records may be disclosed only to other employees of the

29  Department of Juvenile Justice who have a need therefor in

30  order to perform their official duty; to other persons as

31  authorized by rule of the Department of Juvenile Justice; and,

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  1  upon request, to the Juvenile Justice Advisory Accountability

  2  Board and the Department of Corrections. The secretary or his

  3  or her authorized agent may permit properly qualified persons

  4  to inspect and make abstracts from records for statistical

  5  purposes under whatever conditions upon their use and

  6  disposition the secretary or his or her authorized agent deems

  7  proper, provided adequate assurances are given that children's

  8  names and other identifying information will not be disclosed

  9  by the applicant.

10         Section 20.  Subsection (2) of section 985.06, Florida

11  Statutes, is amended to read:

12         985.06  Statewide information-sharing system;

13  interagency workgroup.--

14         (2)  The interagency workgroup shall be coordinated

15  through the Department of Education and shall include

16  representatives from the state agencies specified in

17  subsection (1), school superintendents, school district

18  information system directors, principals, teachers, juvenile

19  court judges, police chiefs, county sheriffs, clerks of the

20  circuit court, the Department of Children and Family Services,

21  providers of juvenile services including a provider from a

22  juvenile substance abuse program, and circuit district

23  juvenile justice managers.

24         Section 21.  Section 985.2066, Florida Statutes, is

25  amended to read:

26         985.2066  Children locked out of the home; interagency

27  cooperation.--The Department of Juvenile Justice and the

28  Department of Children and Family Services shall encourage

29  interagency cooperation within each circuit district and shall

30  develop comprehensive agreements between the staff and

31  providers for each department in order to coordinate the

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  1  services provided to children who are locked out of the home

  2  and the families of those children.

  3         Section 22.  Paragraph (d) of subsection (1) of section

  4  985.207, Florida Statutes, is amended to read:

  5         985.207  Taking a child into custody.--

  6         (1)  A child may be taken into custody under the

  7  following circumstances:

  8         (d)  By a law enforcement officer who has probable

  9  cause to believe that the child is in violation of the

10  conditions of the child's probation community control, home

11  detention, or conditional release aftercare supervision or has

12  absconded from commitment.

13

14  Nothing in this subsection shall be construed to allow the

15  detention of a child who does not meet the detention criteria

16  in s. 985.215.

17         Section 23.  Paragraphs (a) and (h) of subsection (2)

18  of section 985.215, are amended to read:

19         985.215  Detention.--

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

21  child taken into custody and placed into nonsecure or home

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

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

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

25  absconder from a commitment program, a probation community

26  control program, furlough, or conditional release aftercare

27  supervision, or is alleged to have escaped while being

28  lawfully transported to or from such program or supervision.

29         (h)  The child is alleged to have violated the

30  conditions of the child's probation community control or

31  conditional release aftercare supervision. However, a child

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  1  detained under this paragraph may be held only in a

  2  consequence unit as provided in s. 985.231(1)(a)1.c. If a

  3  consequence unit is not available, the child shall be placed

  4  on home detention with electronic monitoring.

  5

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

  7  be detained pursuant to this subsection shall be given a

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

  9  purpose of the detention hearing is to determine the existence

10  of probable cause that the child has committed the delinquent

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

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

13  under paragraph (d) or paragraph (e), the court shall utilize

14  the results of the risk assessment performed by the juvenile

15  probation officer and, based on the criteria in this

16  subsection, shall determine the need for continued detention.

17  A child placed into secure, nonsecure, or home detention care

18  may continue to be so detained by the court pursuant to this

19  subsection. If the court orders a placement more restrictive

20  than indicated by the results of the risk assessment

21  instrument, the court shall state, in writing, clear and

22  convincing reasons for such placement. Except as provided in

23  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

24  paragraph (10)(c), or paragraph (10)(d), when a child is

25  placed into secure or nonsecure detention care, or into a

26  respite home or other placement pursuant to a court order

27  following a hearing, the court order must include specific

28  instructions that direct the release of the child from such

29  placement no later than 5 p.m. on the last day of the

30  detention period specified in paragraph (5)(b) or paragraph

31  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

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  1  unless the requirements of such applicable provision have been

  2  met or an order of continuance has been granted pursuant to

  3  paragraph (5)(d).

  4         Section 24.  Subsection (5) of section 985.216, Florida

  5  Statutes, is amended to read:

  6         985.216  Punishment for contempt of court; alternative

  7  sanctions.--

  8         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

  9  created the position of alternative sanctions coordinator

10  within each judicial circuit, pursuant to subsection (3). Each

11  alternative sanctions coordinator shall serve under the

12  direction of the chief administrative judge of the juvenile

13  division as directed by the chief judge of the circuit. The

14  alternative sanctions coordinator shall act as the liaison

15  between the judiciary, and county juvenile justice councils,

16  the local department officials, district school board

17  employees, and local law enforcement agencies. The alternative

18  sanctions coordinator shall coordinate within the circuit

19  community-based alternative sanctions, including nonsecure

20  detention programs, community service projects, and other

21  juvenile sanctions, in conjunction with the circuit plan

22  implemented in accordance with s. 790.22(4)(c).

23         Section 25.  Paragraph (c) of subsection (3) of section

24  985.226, Florida Statutes, is amended to read:

25         985.226  Criteria for waiver of juvenile court

26  jurisdiction; hearing on motion to transfer for prosecution as

27  an adult.--

28         (3)  WAIVER HEARING.--

29         (c)  The court shall conduct a hearing on all transfer

30  request motions for the purpose of determining whether a child

31

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  1  should be transferred. In making its determination, the court

  2  shall consider:

  3         1.  The seriousness of the alleged offense to the

  4  community and whether the protection of the community is best

  5  served by transferring the child for adult sanctions.

  6         2.  Whether the alleged offense was committed in an

  7  aggressive, violent, premeditated, or willful manner.

  8         3.  Whether the alleged offense was against persons or

  9  against property, greater weight being given to offenses

10  against persons, especially if personal injury resulted.

11         4.  The probable cause as found in the report,

12  affidavit, or complaint.

13         5.  The desirability of trial and disposition of the

14  entire offense in one court when the child's associates in the

15  alleged crime are adults or children who are to be tried as

16  adults.

17         6.  The sophistication and maturity of the child.

18         7.  The record and previous history of the child,

19  including:

20         a.  Previous contacts with the department, the

21  Department of Corrections, the former Department of Health and

22  Rehabilitative Services, the Department of Children and Family

23  Services, other law enforcement agencies, and courts;

24         b.  Prior periods of probation or community control;

25         c.  Prior adjudications that the child committed a

26  delinquent act or violation of law, greater weight being given

27  if the child has previously been found by a court to have

28  committed a delinquent act or violation of law involving an

29  offense classified as a felony or has twice previously been

30  found to have committed a delinquent act or violation of law

31  involving an offense classified as a misdemeanor; and

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  1         d.  Prior commitments to institutions.

  2         8.  The prospects for adequate protection of the public

  3  and the likelihood of reasonable rehabilitation of the child,

  4  if the child is found to have committed the alleged offense,

  5  by the use of procedures, services, and facilities currently

  6  available to the court.

  7         Section 26.  Paragraph (b) of subsection (2) and

  8  subsection (4) of section 985.227, Florida Statutes, are

  9  amended to read:

10         985.227  Prosecution of juveniles as adults by the

11  direct filing of an information in the criminal division of

12  the circuit court; discretionary criteria; mandatory

13  criteria.--

14         (2)  MANDATORY DIRECT FILE.--

15         (b)  Notwithstanding subsection (1), regardless of the

16  child's age at the time the alleged offense was committed, the

17  state attorney must file an information with respect to any

18  child who previously has been adjudicated for offenses which,

19  if committed by an adult, would be felonies and such

20  adjudications occurred at three or more separate delinquency

21  adjudicatory hearings, and three of which resulted in

22  residential commitments as defined in s. 985.03(45)(47).

23         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

24  attorney shall develop written policies and guidelines to

25  govern determinations for filing an information on a juvenile,

26  to be submitted to the Executive Office of the Governor, the

27  President of the Senate, the Speaker of the House of

28  Representatives, and the Juvenile Justice Advisory

29  Accountability Board not later than January 1 of each year.

30         Section 27.  Subsection (4) of section 985.228, Florida

31  Statutes, is amended to read:

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  1         985.228  Adjudicatory hearings; withheld adjudications;

  2  orders of adjudication.--

  3         (4)  If the court finds that the child named in the

  4  petition has committed a delinquent act or violation of law,

  5  it may, in its discretion, enter an order stating the facts

  6  upon which its finding is based but withholding adjudication

  7  of delinquency and placing the child in a probation community

  8  control program under the supervision of the department or

  9  under the supervision of any other person or agency

10  specifically authorized and appointed by the court. The court

11  may, as a condition of the program, impose as a penalty

12  component restitution in money or in kind, community service,

13  a curfew, urine monitoring, revocation or suspension of the

14  driver's license of the child, or other nonresidential

15  punishment appropriate to the offense, and may impose as a

16  rehabilitative component a requirement of participation in

17  substance abuse treatment, or school or other educational

18  program attendance. If the court later finds that the child

19  has not complied with the rules, restrictions, or conditions

20  of the community-based program, the court may, after a hearing

21  to establish the lack of compliance, but without further

22  evidence of the state of delinquency, enter an adjudication of

23  delinquency and shall thereafter have full authority under

24  this chapter to deal with the child as adjudicated.

25         Section 28.  Paragraph (f) of subsection (2), paragraph

26  (d) of subsection (3), and subsections (4) and (5) of section

27  985.23, Florida Statutes, are amended to read:

28         985.23  Disposition hearings in delinquency

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

30  delinquent act, the following procedures shall be applicable

31  to the disposition of the case:

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  1         (2)  The first determination to be made by the court is

  2  a determination of the suitability or nonsuitability for

  3  adjudication and commitment of the child to the department.

  4  This determination shall be based upon the predisposition

  5  report which shall include, whether as part of the child's

  6  multidisciplinary assessment, classification, and placement

  7  process components or separately, evaluation of the following

  8  criteria:

  9         (f)  The record and previous criminal history of the

10  child, including without limitations:

11         1.  Previous contacts with the department, the former

12  Department of Health and Rehabilitative Services, the

13  Department of Children and Family Services, the Department of

14  Corrections, other law enforcement agencies, and courts;

15         2.  Prior periods of probation or community control;

16         3.  Prior adjudications of delinquency; and

17         4.  Prior commitments to institutions.

18         (3)

19         (d)  The court may also require that the child be

20  placed in a probation community control program following the

21  child's discharge from commitment. Community-based sanctions

22  pursuant to subsection (4) may be imposed by the court at the

23  disposition hearing or at any time prior to the child's

24  release from commitment.

25         (4)  If the court determines not to adjudicate and

26  commit to the department, then the court shall determine what

27  community-based sanctions it will impose in a probation

28  community control program for the child.  Community-based

29  sanctions may include, but are not limited to, participation

30  in substance abuse treatment, restitution in money or in kind,

31  a curfew, revocation or suspension of the driver's license of

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  1  the child, community service, and appropriate educational

  2  programs as determined by the district school board.

  3         (5)  After appropriate sanctions for the offense are

  4  determined, the court shall develop, approve, and order a plan

  5  of probation community control which will contain rules,

  6  requirements, conditions, and rehabilitative programs that are

  7  designed to encourage responsible and acceptable behavior and

  8  to promote both the rehabilitation of the child and the

  9  protection of the community.

10         Section 29.  Paragraphs (a), (g), and (h) of subsection

11  (1) and subsection (2) of section 985.231, Florida Statutes,

12  are amended to read:

13         985.231  Powers of disposition in delinquency cases.--

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

15  adjudicated delinquent child may, by an order stating the

16  facts upon which a determination of a sanction and

17  rehabilitative program was made at the disposition hearing:

18         1.  Place the child in a probation community control

19  program or a postcommitment probation community control

20  program under the supervision of an authorized agent of the

21  Department of Juvenile Justice or of any other person or

22  agency specifically authorized and appointed by the court,

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

24  the child, or in some other suitable place under such

25  reasonable conditions as the court may direct. A probation

26  community control program for an adjudicated delinquent child

27  must include a penalty component such as restitution in money

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

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

30  nonresidential punishment appropriate to the offense and must

31  also include a rehabilitative program component such as a

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  1  requirement of participation in substance abuse treatment or

  2  in school or other educational program. Upon the

  3  recommendation of the department at the time of disposition,

  4  or subsequent to disposition pursuant to the filing of a

  5  petition alleging a violation of the child's conditions of

  6  postcommitment probation community control or conditional

  7  release aftercare supervision, the court may order the child

  8  to submit to random testing for the purpose of detecting and

  9  monitoring the use of alcohol or controlled substances.

10         a.  A restrictiveness level classification scale for

11  levels of supervision shall be provided by the department,

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

13  probation community control supervision requirements to

14  reasonably ensure the public safety. Probation Community

15  control programs for children shall be supervised by the

16  department or by any other person or agency specifically

17  authorized by the court. These programs must include, but are

18  not limited to, structured or restricted activities as

19  described in this subparagraph, and shall be designed to

20  encourage the child toward acceptable and functional social

21  behavior. If supervision or a program of community service is

22  ordered by the court, the duration of such supervision or

23  program must be consistent with any treatment and

24  rehabilitation needs identified for the child and may not

25  exceed the term for which sentence could be imposed if the

26  child were committed for the offense, except that the duration

27  of such supervision or program for an offense that is a

28  misdemeanor of the second degree, or is equivalent to a

29  misdemeanor of the second degree, may be for a period not to

30  exceed 6 months. When restitution is ordered by the court, the

31  amount of restitution may not exceed an amount the child and

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  1  the parent or guardian could reasonably be expected to pay or

  2  make. A child who participates in any work program under this

  3  part is considered an employee of the state for purposes of

  4  liability, unless otherwise provided by law.

  5         b.  The court may conduct judicial review hearings for

  6  a child placed on probation community control for the purpose

  7  of fostering accountability to the judge and compliance with

  8  other requirements, such as restitution and community service.

  9  The court may allow early termination of probation community

10  control for a child who has substantially complied with the

11  terms and conditions of probation community control.

12         c.  If the conditions of the probation community

13  control program or the postcommitment probation community

14  control program are violated, the department or the state

15  attorney may bring the child before the court on a petition

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

17  the conditions of probation community control or

18  postcommitment probation community control must be brought

19  before the court if sanctions are sought. A child taken into

20  custody under s. 985.207 for violating the conditions of

21  probation community control or postcommitment probation

22  community control shall be held in a consequence unit if such

23  a unit is available. The child shall be afforded a hearing

24  within 24 hours after being taken into custody to determine

25  the existence of probable cause that the child violated the

26  conditions of probation community control or postcommitment

27  probation community control. A consequence unit is a secure

28  facility specifically designated by the department for

29  children who are taken into custody under s. 985.207 for

30  violating probation community control or postcommitment

31  probation community control, or who have been found by the

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  1  court to have violated the conditions of probation community

  2  control or postcommitment probation community control. If the

  3  violation involves a new charge of delinquency, the child may

  4  be detained under s. 985.215 in a facility other than a

  5  consequence unit. If the child is not eligible for detention

  6  for the new charge of delinquency, the child may be held in

  7  the consequence unit pending a hearing and is subject to the

  8  time limitations specified in s. 985.215. If the child denies

  9  violating the conditions of probation community control or

10  postcommitment probation community control, the court shall

11  appoint counsel to represent the child at the child's request.

12  Upon the child's admission, or if the court finds after a

13  hearing that the child has violated the conditions of

14  probation community control or postcommitment probation

15  community control, the court shall enter an order revoking,

16  modifying, or continuing probation community control or

17  postcommitment probation community control. In each such case,

18  the court shall enter a new disposition order and, in addition

19  to the sanctions set forth in this paragraph, may impose any

20  sanction the court could have imposed at the original

21  disposition hearing. If the child is found to have violated

22  the conditions of probation community control or

23  postcommitment probation community control, the court may:

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

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

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

27  violation.

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

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

30  residential consequence unit is not available.

31

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  1         (III)  Modify or continue the child's probation

  2  community control program or postcommitment probation

  3  community control program.

  4         (IV)  Revoke probation community control or

  5  postcommitment probation community control and commit the

  6  child to the department.

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

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

  9  a child in a probation community control program must be until

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

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

12  motion.

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

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

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

16  center or facility or shelter.

17         3.  Commit the child to the Department of Juvenile

18  Justice at a restrictiveness level defined in s. 985.03. Such

19  commitment must be for the purpose of exercising active

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

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

22  the child and release of the child into the community in a

23  postcommitment nonresidential conditional release aftercare

24  program. If the child is not successful in the conditional

25  release aftercare program, the department may use the transfer

26  procedure under s. 985.404. Notwithstanding s. 743.07 and

27  paragraph (d), and except as provided in s. 985.31, the term

28  of the commitment must be until the child is discharged by the

29  department or until he or she reaches the age of 21.

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

31  child.

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

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

  3  child, to render community service in a public service

  4  program.

  5         6.  As part of the probation community control program

  6  to be implemented by the Department of Juvenile Justice, or,

  7  in the case of a committed child, as part of the

  8  community-based sanctions ordered by the court at the

  9  disposition hearing or before the child's release from

10  commitment, order the child to make restitution in money,

11  through a promissory note cosigned by the child's parent or

12  guardian, or in kind for any damage or loss caused by the

13  child's offense in a reasonable amount or manner to be

14  determined by the court. The clerk of the circuit court shall

15  be the receiving and dispensing agent. In such case, the court

16  shall order the child or the child's parent or guardian to pay

17  to the office of the clerk of the circuit court an amount not

18  to exceed the actual cost incurred by the clerk as a result of

19  receiving and dispensing restitution payments. The clerk shall

20  notify the court if restitution is not made, and the court

21  shall take any further action that is necessary against the

22  child or the child's parent or guardian. A finding by the

23  court, after a hearing, that the parent or guardian has made

24  diligent and good faith efforts to prevent the child from

25  engaging in delinquent acts absolves the parent or guardian of

26  liability for restitution under this subparagraph.

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

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

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

30  an alternative to monetary restitution or as part of the

31  rehabilitative or probation community control program.

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  1         8.  Commit the child to the Department of Juvenile

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

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

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

  5  habitual juvenile offenders must be for an indeterminate

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

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

  8  The court may retain jurisdiction over such child until the

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

10  the child completing the program.

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

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

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

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

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

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

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

18  shall determine a reasonable amount or manner of restitution,

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

20  provided in subparagraph 6.

21         10.  Subject to specific appropriation, commit the

22  juvenile sexual offender to the Department of Juvenile Justice

23  for placement in a program or facility for juvenile sexual

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

25  juvenile sexual offender to a program or facility for juvenile

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

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

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

29  retain jurisdiction over a juvenile sexual offender until the

30  juvenile sexual offender reaches the age of 21, specifically

31  for the purpose of completing the program.

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  1         (g)  Whenever a child is required by the court to

  2  participate in any work program under this part or whenever a

  3  child volunteers to work in a specified state, county,

  4  municipal, or community service organization supervised work

  5  program or to work for the victim, either as an alternative to

  6  monetary restitution or as a part of the rehabilitative or

  7  probation community control program, the child is an employee

  8  of the state for the purposes of liability. In determining the

  9  child's average weekly wage unless otherwise determined by a

10  specific funding program, all remuneration received from the

11  employer is a gratuity, and the child is not entitled to any

12  benefits otherwise payable under s. 440.15, regardless of

13  whether the child may be receiving wages and remuneration from

14  other employment with another employer and regardless of the

15  child's future wage-earning capacity.

16         (h)  The court may, upon motion of the child or upon

17  its own motion, within 60 days after imposition of a

18  disposition of commitment, suspend the further execution of

19  the disposition and place the child on probation in a

20  probation community control program upon such terms and

21  conditions as the court may require. The department shall

22  forward to the court all relevant material on the child's

23  progress while in custody not later than 3 working days prior

24  to the hearing on the motion to suspend the disposition.

25         (2)  Following a delinquency adjudicatory hearing

26  pursuant to s. 985.228 and a delinquency disposition hearing

27  pursuant to s. 985.23 which results in a commitment

28  determination, the court shall, on its own or upon request by

29  the state or the department, determine whether the protection

30  of the public requires that the child be placed in a program

31  for serious or habitual juvenile offenders and whether the

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  1  particular needs of the child would be best served by a

  2  program for serious or habitual juvenile offenders as provided

  3  in s. 985.31. The determination shall be made pursuant to ss.

  4  985.03(47)(49) and 985.23(3).

  5         Section 30.  Subsection (1) and paragraphs (b) and (c)

  6  of subsection (4) of section 985.233, Florida Statutes, are

  7  amended to read:

  8         985.233  Sentencing powers; procedures; alternatives

  9  for juveniles prosecuted as adults.--

10         (1)  POWERS OF DISPOSITION.--

11         (a)  A child who is found to have committed a violation

12  of law may, as an alternative to adult dispositions, be

13  committed to the department for treatment in an appropriate

14  program for children outside the adult correctional system or

15  be placed on juvenile probation in a community control program

16  for juveniles.

17         (b)  In determining whether to impose juvenile

18  sanctions instead of adult sanctions, the court shall consider

19  the following criteria:

20         1.  The seriousness of the offense to the community and

21  whether the community would best be protected by juvenile or

22  adult sanctions.

23         2.  Whether the offense was committed in an aggressive,

24  violent, premeditated, or willful manner.

25         3.  Whether the offense was against persons or against

26  property, with greater weight being given to offenses against

27  persons, especially if personal injury resulted.

28         4.  The sophistication and maturity of the offender.

29         5.  The record and previous history of the offender,

30  including:

31

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  1         a.  Previous contacts with the Department of

  2  Corrections, the Department of Juvenile Justice, the former

  3  Department of Health and Rehabilitative Services, the

  4  Department of Children and Family Services, law enforcement

  5  agencies, and the courts.

  6         b.  Prior periods of probation or community control.

  7         c.  Prior adjudications that the offender committed a

  8  delinquent act or violation of law as a child.

  9         d.  Prior commitments to the Department of Juvenile

10  Justice, the former Department of Health and Rehabilitative

11  Services, the Department of Children and Family Services, or

12  other facilities or institutions.

13         6.  The prospects for adequate protection of the public

14  and the likelihood of deterrence and reasonable rehabilitation

15  of the offender if assigned to services and facilities of the

16  Department of Juvenile Justice.

17         7.  Whether the Department of Juvenile Justice has

18  appropriate programs, facilities, and services immediately

19  available.

20         8.  Whether adult sanctions would provide more

21  appropriate punishment and deterrence to further violations of

22  law than the imposition of juvenile sanctions.

23         (4)  SENTENCING ALTERNATIVES.--

24         (b)  Sentencing to juvenile sanctions.--In order to use

25  this paragraph, the court shall stay adjudication of guilt and

26  instead shall adjudge the child to have committed a delinquent

27  act. Adjudication of delinquency shall not be deemed a

28  conviction, nor shall it operate to impose any of the civil

29  disabilities ordinarily resulting from a conviction. The court

30  shall impose an adult sanction or a juvenile sanction and may

31  not sentence the child to a combination of adult and juvenile

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  1  punishments. An adult sanction or a juvenile sanction may

  2  include enforcement of an order of restitution or probation

  3  community control previously ordered in any juvenile

  4  proceeding. However, if the court imposes a juvenile sanction

  5  and the department determines that the sanction is unsuitable

  6  for the child, the department shall return custody of the

  7  child to the sentencing court for further proceedings,

  8  including the imposition of adult sanctions. Upon adjudicating

  9  a child delinquent under subsection (1), the court may:

10         1.  Place the child in a probation community control

11  program under the supervision of the department for an

12  indeterminate period of time until the child reaches the age

13  of 19 years or sooner if discharged by order of the court.

14         2.  Commit the child to the department for treatment in

15  an appropriate program for children for an indeterminate

16  period of time until the child is 21 or sooner if discharged

17  by the department.  The department shall notify the court of

18  its intent to discharge no later than 14 days prior to

19  discharge.  Failure of the court to timely respond to the

20  department's notice shall be considered approval for

21  discharge.

22         3.  Order disposition pursuant to s. 985.231 as an

23  alternative to youthful offender or adult sentencing if the

24  court determines not to impose youthful offender or adult

25  sanctions.

26         (c)  Imposition of adult sanctions upon failure of

27  juvenile sanctions.--If a child proves not to be suitable in a

28  juvenile probation to a community control program or for a

29  treatment program under the provisions of subparagraph (b)2.,

30  the court may revoke the previous adjudication, impose an

31  adjudication of guilt, classify the child as a youthful

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  1  offender when appropriate, and impose any sentence which it

  2  may lawfully impose, giving credit for all time spent by the

  3  child in the department.

  4

  5  It is the intent of the Legislature that the criteria and

  6  guidelines in this subsection are mandatory and that a

  7  determination of disposition under this subsection is subject

  8  to the right of the child to appellate review under s.

  9  985.234.

10         Section 31.  Subsections (2) and (3) of section

11  985.305, Florida Statutes, are amended to read:

12         985.305  Early delinquency intervention program;

13  criteria.--

14         (2)  The early delinquency intervention program shall

15  consist of intensive residential treatment in a secure

16  facility for 7 days to 6 weeks, followed by 6 to 9 months of

17  conditional release aftercare.  An early delinquency

18  intervention program facility shall be designed to accommodate

19  the placement of a maximum of 10 children, except that the

20  facility may accommodate up to 2 children in excess of that

21  maximum if the additional children have previously been

22  released from the residential portion of the program and are

23  later found to need additional residential treatment.

24         (3)  A copy of the arrest report of any child 15 years

25  of age or younger who is taken into custody for committing a

26  delinquent act or any violation of law shall be forwarded to

27  the local operating circuit service district office of the

28  Department of Juvenile Justice. Upon receiving the second

29  arrest report of any such child from the judicial circuit in

30  which the program is located, the Department of Juvenile

31  Justice shall initiate an intensive review of the child's

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  1  social and educational history to determine the likelihood of

  2  further significant delinquent behavior. In making this

  3  determination, the Department of Juvenile Justice shall

  4  consider, without limitation, the following factors:

  5         (a)  Any prior allegation that the child is dependent

  6  or a child in need of services.

  7         (b)  The physical, emotional, and intellectual status

  8  and developmental level of the child.

  9         (c)  The child's academic history, including school

10  attendance, school achievements, grade level, and involvement

11  in school-sponsored activities.

12         (d)  The nature and quality of the child's peer group

13  relationships.

14         (e)  The child's history of substance abuse or

15  behavioral problems.

16         (f)  The child's family status, including the

17  capability of the child's family members to participate in a

18  family-centered intervention program.

19         (g)  The child's family history of substance abuse or

20  criminal activity.

21         (h)  The supervision that is available in the child's

22  home.

23         (i)  The nature of the relationship between the parents

24  and the child and any siblings and the child.

25         Section 32.  Subsections (5), (7), and (14) of section

26  985.308, Florida Statutes, are amended to read:

27         985.308  Juvenile sexual offender commitment programs;

28  sexual abuse intervention networks.--

29         (5)  Based on assessed need for conditional release,

30  the department shall provide an intensive conditional release

31  aftercare component for monitoring and assisting the

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  1  transition of a juvenile sexual offender into the community

  2  with terms and conditions that which may include electronic

  3  monitoring of the juvenile sexual offender.

  4         (7)  The department may contract with private

  5  organizations for the operation of a juvenile sexual offender

  6  program and conditional release aftercare.

  7         (14)  Subject to specific appropriation, availability

  8  of funds, or receipt of appropriate grant funds, the Office of

  9  the Attorney General, the Department of Children and Family

10  Services, the Department of Juvenile Justice, or local

11  juvenile justice councils shall award grants to sexual abuse

12  intervention networks that apply for such grants. The grants

13  may be used for training, treatment, conditional release

14  aftercare, evaluation, public awareness, and other specified

15  community needs that are identified by the network. A grant

16  shall be awarded based on the applicant's level of local

17  funding, level of collaboration, number of juvenile sexual

18  offenders to be served, number of victims to be served, and

19  level of unmet needs.

20         Section 33.  Subsections (6) and (12) of section

21  985.309, Florida Statutes, are amended to read:

22         985.309  Boot camp for children.--

23         (6)  A boot camp operated by the department, a county,

24  or a municipality must provide for the following minimum

25  periods of participation:

26         (a)  A participant in a low-risk residential program

27  must spend at least 2 months in the boot camp component of the

28  program and 2 months in aftercare. Conditional release

29  assessment and services shall be provided in accordance with

30  s. 985.316.

31

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  1         (b)  A participant in a moderate-risk residential

  2  program must spend at least 4 months in the boot camp

  3  component of the program and 4 months in aftercare.

  4  Conditional release assessment and services shall be provided

  5  in accordance with s. 985.316.

  6

  7  This subsection does not preclude the operation of a program

  8  that requires the participants to spend more than 4 months in

  9  the boot camp component of the program or that requires the

10  participants to complete two sequential programs of 4 months

11  each in the boot camp component of the program.

12         (12)(a)  The department may contract with private

13  organizations for the operation of its boot camp program and

14  conditional release aftercare.

15         (b)  A county or municipality may contract with private

16  organizations for the operation of its boot camp program and

17  conditional release aftercare.

18         Section 34.  Subsection (2), paragraphs (e) and (j) of

19  subsection (3), and paragraph (a) of subsection (4) of section

20  985.31, Florida Statutes, are amended to read:

21         985.31  Serious or habitual juvenile offender.--

22         (2)  SERIOUS OR HABITUAL JUVENILE OFFENDER PROGRAM.--

23         (a)  There is created the serious or habitual juvenile

24  offender program. The program shall consist of at least

25  combine 9 to 12 months of intensive secure residential

26  treatment followed by a minimum of 9 months of aftercare.

27  Conditional release assessment and services shall be provided

28  in accordance with s. 985.316. The components of the program

29  shall include, but not be limited to:

30         1.  Diagnostic evaluation services.

31

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  1         2.  Appropriate treatment modalities, including

  2  substance abuse intervention, mental health services, and

  3  sexual behavior dysfunction interventions and gang-related

  4  behavior interventions.

  5         3.  Prevocational and vocational services.

  6         4.  Job training, job placement, and

  7  employability-skills training.

  8         5.  Case management services.

  9         6.  Educational services, including special education

10  and pre-GED literacy.

11         7.  Self-sufficiency planning.

12         8.  Independent living skills.

13         9.  Parenting skills.

14         10.  Recreational and leisure time activities.

15         11.  Community involvement opportunities commencing,

16  where appropriate, with the direct and timely payment of

17  restitution to the victim.

18         12.  Intensive conditional release supervision

19  aftercare.

20         13.  Graduated reentry into the community.

21         14.  A diversity of forms of individual and family

22  treatment appropriate to and consistent with the child's

23  needs.

24         15.  Consistent and clear consequences for misconduct.

25         (b)  The department is authorized to contract with

26  private companies to provide some or all of the components

27  indicated in paragraph (a).

28         (c)  The department shall involve local law enforcement

29  agencies, the judiciary, school board personnel, the office of

30  the state attorney, the office of the public defender, and

31

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  1  community service agencies interested in or currently working

  2  with juveniles, in planning and developing this program.

  3         (d)  The department is authorized to accept funds or

  4  in-kind contributions from public or private sources to be

  5  used for the purposes of this section.

  6         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  7  TREATMENT.--

  8         (e)  After a child has been adjudicated delinquent

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

10  child meets the criteria for a serious or habitual juvenile

11  offender pursuant to s. 985.03(47)(49). If the court

12  determines that the child does not meet such criteria, the

13  provisions of s. 985.231(1) shall apply.

14         (j)  The following provisions shall apply to children

15  in serious or habitual juvenile offender programs and

16  facilities:

17         1.  A child shall begin participation in the

18  conditional release reentry component of the program based

19  upon a determination made by the treatment provider and

20  approved by the department.

21         2.  A child shall begin participation in the community

22  supervision component of conditional release aftercare based

23  upon a determination made by the treatment provider and

24  approved by the department.  The treatment provider shall give

25  written notice of the determination to the circuit court

26  having jurisdiction over the child.  If the court does not

27  respond with a written objection within 10 days, the child

28  shall begin the conditional release aftercare component.

29         3.  A child shall be discharged from the program based

30  upon a determination made by the treatment provider with the

31  approval of the department.

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  1         4.  In situations where the department does not agree

  2  with the decision of the treatment provider, a reassessment

  3  shall be performed, and the department shall utilize the

  4  reassessment determination to resolve the disagreement and

  5  make a final decision.

  6         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

  7         (a)  Pursuant to the provisions of this section, the

  8  department shall implement the comprehensive assessment

  9  instrument for the treatment needs of serious or habitual

10  juvenile offenders and for the assessment, which assessment

11  shall include the criteria under s. 985.03(47)(49) and shall

12  also include, but not be limited to, evaluation of the

13  child's:

14         1.  Amenability to treatment.

15         2.  Proclivity toward violence.

16         3.  Tendency toward gang involvement.

17         4.  Substance abuse or addiction and the level thereof.

18         5.  History of being a victim of child abuse or sexual

19  abuse, or indication of sexual behavior dysfunction.

20         6.  Number and type of previous adjudications, findings

21  of guilt, and convictions.

22         7.  Potential for rehabilitation.

23         Section 35.  Subsection (2), paragraphs (e) and (j) of

24  subsection (3), and paragraph (a) of subsection (4) of section

25  985.311, Florida Statutes, are amended to read:

26         985.311  Intensive residential treatment program for

27  offenders less than 13 years of age.--

28         (2)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR

29  OFFENDERS LESS THAN 13 YEARS OF AGE.--

30         (a)  There is created the intensive residential

31  treatment program for offenders less than 13 years of age.

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  1  The program shall consist of at least combine 9 to 12 months

  2  of intensive secure residential treatment followed by a

  3  minimum of 9 months of aftercare. Conditional release

  4  assessment and services shall be provided in accordance with

  5  s. 985.316. The components of the program shall include, but

  6  not be limited to:

  7         1.  Diagnostic evaluation services.

  8         2.  Appropriate treatment modalities, including

  9  substance abuse intervention, mental health services, and

10  sexual behavior dysfunction interventions and gang-related

11  behavior interventions.

12         3.  Life skills.

13         4.  Values clarification.

14         5.  Case management services.

15         6.  Educational services, including special and

16  remedial education.

17         7.  Recreational and leisure time activities.

18         8.  Community involvement opportunities commencing,

19  where appropriate, with the direct and timely payment of

20  restitution to the victim.

21         9.  Intensive conditional release supervision

22  aftercare.

23         10.  Graduated reentry into the community.

24         11.  A diversity of forms of individual and family

25  treatment appropriate to and consistent with the child's

26  needs.

27         12.  Consistent and clear consequences for misconduct.

28         (b)  The department is authorized to contract with

29  private companies to provide some or all of the components

30  indicated in paragraph (a).

31

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  1         (c)  The department shall involve local law enforcement

  2  agencies, the judiciary, school board personnel, the office of

  3  the state attorney, the office of the public defender, and

  4  community service agencies interested in or currently working

  5  with juveniles, in planning and developing this program.

  6         (d)  The department is authorized to accept funds or

  7  in-kind contributions from public or private sources to be

  8  used for the purposes of this section.

  9         (e)  The department shall establish quality assurance

10  standards to ensure the quality and substance of mental health

11  services provided to children with mental, nervous, or

12  emotional disorders who may be committed to intensive

13  residential treatment programs.  The quality assurance

14  standards shall address the possession of credentials by the

15  mental health service providers.

16         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

17  TREATMENT.--

18         (e)  After a child has been adjudicated delinquent

19  pursuant to s. 985.228(5), the court shall determine whether

20  the child is eligible for an intensive residential treatment

21  program for offenders less than 13 years of age pursuant to s.

22  985.03(7)(8).  If the court determines that the child does not

23  meet the criteria, the provisions of s. 985.231(1) shall

24  apply.

25         (j)  The following provisions shall apply to children

26  in an intensive residential treatment program for offenders

27  less than 13 years of age:

28         1.  A child shall begin participation in the

29  conditional release reentry component of the program based

30  upon a determination made by the treatment provider and

31  approved by the department.

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  1         2.  A child shall begin participation in the community

  2  supervision component of conditional release aftercare based

  3  upon a determination made by the treatment provider and

  4  approved by the department.  The treatment provider shall give

  5  written notice of the determination to the circuit court

  6  having jurisdiction over the child.  If the court does not

  7  respond with a written objection within 10 days, the child

  8  shall begin the conditional release aftercare component.

  9         3.  A child shall be discharged from the program based

10  upon a determination made by the treatment provider with the

11  approval of the department.

12         4.  In situations where the department does not agree

13  with the decision of the treatment provider, a reassessment

14  shall be performed, and the department shall utilize the

15  reassessment determination to resolve the disagreement and

16  make a final decision.

17         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

18         (a)  Pursuant to the provisions of this section, the

19  department shall implement the comprehensive assessment

20  instrument for the treatment needs of children who are

21  eligible for an intensive residential treatment program for

22  offenders less than 13 years of age and for the assessment,

23  which assessment shall include the criteria under s.

24  985.03(7)(8) and shall also include, but not be limited to,

25  evaluation of the child's:

26         1.  Amenability to treatment.

27         2.  Proclivity toward violence.

28         3.  Tendency toward gang involvement.

29         4.  Substance abuse or addiction and the level thereof.

30         5.  History of being a victim of child abuse or sexual

31  abuse, or indication of sexual behavior dysfunction.

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  1         6.  Number and type of previous adjudications, findings

  2  of guilt, and convictions.

  3         7.  Potential for rehabilitation.

  4         Section 36.  Section 985.312, Florida Statutes, is

  5  amended to read:

  6         985.312  Intensive residential treatment programs for

  7  offenders less than 13 years of age; prerequisite for

  8  commitment.--No child who is eligible for commitment to an

  9  intensive residential treatment program for offenders less

10  than 13 years of age as established in s. 985.03(7)(8), may be

11  committed to any intensive residential treatment program for

12  offenders less than 13 years of age as established in s.

13  985.311, unless such program has been established by the

14  department through existing resources or specific

15  appropriation, for such program.

16         Section 37.  Subsection (2) of section 985.3141,

17  Florida Statutes, is amended to read:

18         985.3141  Escapes from secure detention or residential

19  commitment facility.--An escape from:

20         (2)  Any residential commitment facility described in

21  s. 985.03(45)(47), maintained for the custody, treatment,

22  punishment, or rehabilitation of children found to have

23  committed delinquent acts or violations of law; or

24         Section 38.  Subsection (6) of section 985.315, Florida

25  Statutes, is amended to read:

26         985.315  Educational/technical and vocational

27  work-related programs.--

28         (6)  The Juvenile Justice Advisory Accountability Board

29  shall conduct a study regarding the types of effective

30  juvenile vocational and work programs in operation across the

31  country, relevant research on what makes programs effective,

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  1  the key ingredients of effective juvenile vocational and work

  2  programs, and the status of such programs in juvenile

  3  facilities across the state.  The board shall report its

  4  findings and make recommendations on how to expand and improve

  5  these programs no later than January 31, 2000, to the

  6  President of the Senate, the Speaker of the House of

  7  Representatives, and the Secretary of Juvenile Justice.

  8         Section 39.  Section 985.316, Florida Statutes, is

  9  amended to read:

10         985.316  Conditional release Aftercare.--

11         (1)  The Legislature finds that:

12         (a)  Conditional release Aftercare is the care,

13  treatment, help, and supervision provided juveniles released

14  from residential commitment programs to promote rehabilitation

15  and prevent recidivism.

16         (b)  Conditional release Aftercare services can

17  contribute significantly to a successful transition of a

18  juvenile from a residential commitment to the juvenile's home,

19  school, and community. Therefore, the best efforts should be

20  made to provide for a successful transition.

21         (c)  The purpose of conditional release aftercare is to

22  protect safety; reduce recidivism; increase responsible

23  productive behaviors; and provide for a successful transition

24  of care and custody of the youth from the state to the family.

25         (d)  Accordingly, conditional release aftercare should

26  be included in the continuum of care.

27         (2)  It is the intent of the Legislature that:

28         (a)  Commitment programs include rehabilitative efforts

29  on preparing committed juveniles for a successful release to

30  the community.

31

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  1         (b)  Conditional release Aftercare transition planning

  2  begins as early in the commitment process as possible.

  3         (c)  Each juvenile committed to a residential

  4  commitment program be assessed to determine the need for

  5  conditional release aftercare services upon release from the

  6  commitment program.

  7         (3)  For juveniles referred or committed to the

  8  department, the function of the department may include, but

  9  shall not be limited to, assessing each committed juvenile to

10  determine the need for conditional release aftercare services

11  upon release from a commitment program, supervising the

12  juvenile when released into the community from a residential

13  commitment facility of the department, providing such

14  counseling and other services as may be necessary for the

15  families and assisting their preparations for the return of

16  the child. Subject to specific appropriation, the department

17  shall provide for outpatient sexual offender counseling for

18  any juvenile sexual offender released from a commitment

19  program as a component of conditional release aftercare.

20         (4)  After a youth is released from a residential

21  commitment program, conditional release aftercare services may

22  be delivered through either minimum-risk nonresidential

23  commitment restrictiveness programs or postcommitment

24  probation community control. A juvenile under minimum-risk

25  nonresidential commitment placement will continue to be on

26  commitment status and subject to the transfer provision under

27  s. 985.404. A juvenile on postcommitment probation community

28  control will be subject to the provisions under s.

29  985.231(1)(a).

30         Section 40.  Subsection (5) of section 985.317, Florida

31  Statutes, is amended to read:

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  1         985.317  Literacy programs for juvenile offenders.--

  2         (5)  EVALUATION AND REPORT.--The Juvenile Justice

  3  Advisory Accountability Board shall evaluate the literacy

  4  program outcomes as part of its annual evaluation of program

  5  outcomes under s. 985.401. The department, in consultation

  6  with the Department of Education, shall develop and implement

  7  an evaluation of the program in order to determine the impact

  8  of the programs on recidivism. The department shall submit an

  9  annual report on the implementation and progress of the

10  programs to the President of the Senate and the Speaker of the

11  House of Representatives by January 1 of each year.

12         Section 41.  Section 985.401, Florida Statutes, is

13  amended to read:

14         985.401  Juvenile Justice Advisory Accountability

15  Board.--

16         (1)  The Juvenile Justice Advisory Accountability Board

17  shall be composed of seven members appointed by the Governor.

18  Members of the board shall have direct experience and a strong

19  interest in juvenile justice issues.

20         (2)(a)  A full term shall be 3 years, and the term for

21  each seat on the board commences on October 1 and expires on

22  September 30, without regard to the date of appointment.  Each

23  appointing authority shall appoint a member to fill one of the

24  three vacancies that occurs with the expiration of terms on

25  September 30 of each year. A member is not eligible for

26  appointment to more than two full, consecutive terms. A

27  vacancy on the board shall be filled within 60 days after the

28  date on which the vacancy occurs.  The Governor shall make the

29  appointment to fill a vacancy that occurs for any reason other

30  than the expiration of a term, and the appointment shall be

31  for the remainder of the unexpired term. For the purpose of

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  1  implementing the provisions of this paragraph, vacancies that

  2  occur before October 1, 1999, shall not be filled until

  3  October 1, 1999, and the Governor shall make only one

  4  appointment to fill the vacancies that result from expiration

  5  of terms on September 30, 1999.

  6         (b)  The composition of the board must be broadly

  7  reflective of the public and must include minorities and

  8  women. The term "minorities" as used in this paragraph means a

  9  member of a socially or economically disadvantaged group and

10  includes African Americans, Hispanics, and American Indians.

11         (c)  The board shall annually select a chairperson from

12  among its members.

13         (d)  The board shall meet at least once each quarter. A

14  member may not authorize a designee to attend a meeting of the

15  board in place of the member. A member who fails to attend two

16  consecutive regularly scheduled meetings of the board, unless

17  the member is excused by the chairperson, shall be deemed to

18  have abandoned the position, and the position shall be

19  declared vacant by the board.

20         (3)(a)  The board members shall serve without

21  compensation, but are entitled to reimbursement for per diem

22  and travel expenses pursuant to s. 112.061.

23         (b)  Effective July 1, 1999, the board and its staff

24  are assigned to the Department of Juvenile Justice. For the

25  purpose of implementing this paragraph, all of the duties and

26  functions, records, personnel, property, and unexpended

27  balances of appropriations, allocations, or other funds of the

28  board are transferred to the Department of Juvenile Justice.

29  The transfer of segregated funds shall be made in such a

30  manner that the relation between program and revenue source,

31  as provided in law, is maintained.

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  1         (4)(a)  The board shall establish and operate a

  2  comprehensive system to annually measure and report program

  3  outcomes and effectiveness for each program operated by the

  4  Department of Juvenile Justice or operated by a provider under

  5  contract with the department. The system shall include a

  6  standard methodology for interpreting the board's outcome

  7  evaluation reports, using, where appropriate, the

  8  performance-based program budgeting measures approved by the

  9  Legislature. The methodology must include:

10         1.  Common terminology and operational definitions for

11  measuring the performance of system administration, program

12  administration, program outputs, and client outcomes.

13         2.  Program outputs for each group of programs within

14  each level of the juvenile justice continuum and specific

15  program outputs for each program or program type.

16         3.  Specification of desired client outcomes and

17  methods by which to measure client outcomes for each program

18  operated by the department or by a provider under contract

19  with the department.

20         4.  Recommended annual minimum thresholds of

21  satisfactory performance for client outcomes and program

22  outputs.

23

24  For the purposes of this section, the term "program" or

25  "program type" means an individual state-operated or

26  contracted facility, site, or service delivered to at-risk or

27  delinquent youth as prescribed in a contract, program

28  description, or program services manual; and the term "program

29  group" means a collection of programs or program types with

30  sufficient similarity of function, services, and clientele to

31

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  1  permit appropriate comparisons among programs within the

  2  program group.

  3         (b)  In developing the standard methodology, the board

  4  shall consult with the department, the Office of Economic and

  5  Demographic Research, contract service providers, and other

  6  interested parties. It is the intent of the Legislature that

  7  this effort result in consensus recommendations, and, to the

  8  greatest extent possible, integrate the goals and

  9  legislatively approved measures of performance-based program

10  budgeting provided in chapter 94-249, Laws of Florida, the

11  quality assurance program provided in s. 985.412, and the

12  cost-effectiveness model provided in s. 985.404(11). The board

13  shall notify the Office of Program Policy Analysis and

14  Government Accountability of any meetings to develop the

15  methodology.

16         (c)  The board shall annually submit its outcome

17  evaluation report to the Secretary of the Department of

18  Juvenile Justice, the Governor, and the Legislature by

19  February 15, which must describe:

20         1.  The methodology for interpreting outcome

21  evaluations, including common terminology and operational

22  definitions.

23         2.  The recommended minimum thresholds of satisfactory

24  performance for client outcomes and program outputs applicable

25  to the year for which the data are reported.

26         3.  The actual client outcomes and program outputs

27  achieved by each program operated by the department or by a

28  provider under contract with the department, compared with the

29  recommended minimum thresholds of satisfactory performance for

30  client outcomes and program outputs for the year under review.

31  The report shall group programs or program types with

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  1  similarity of function and services and make appropriate

  2  comparisons between programs within the program group.

  3         (d)  The board shall use its evaluation research to

  4  make advisory recommendations to the Legislature, the

  5  Governor, and the department concerning the effectiveness and

  6  future funding priorities of juvenile justice programs.

  7         (e)  The board shall annually review and revise the

  8  methodology as necessary to ensure the continuing improvement

  9  and validity of the evaluation process.

10         (5)  The board shall:

11         (a)  Review and recommend programmatic and fiscal

12  policies governing the operation of programs, services, and

13  facilities for which the Department of Juvenile Justice is

14  responsible.

15         (b)  Monitor the development and implementation of

16  long-range juvenile justice policies, including prevention,

17  early intervention, diversion, adjudication, and commitment.

18         (c)  Monitor all activities of the executive and

19  judicial branch and their effectiveness in implementing

20  policies pursuant to this chapter.

21         (d)  Advise the President of the Senate, the Speaker of

22  the House of Representatives, the Governor, and the department

23  on matters relating to this chapter.

24         (e)  In coordination with the Department of Juvenile

25  Justice, serve as a clearinghouse to provide information and

26  assistance to the district juvenile justice circuit boards and

27  county juvenile justice county councils.

28         (f)  Hold public hearings and inform the public of

29  activities of the board and of the Department of Juvenile

30  Justice, as appropriate.

31

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  1         (g)  Monitor the delivery and use of services,

  2  programs, or facilities operated, funded, regulated, or

  3  licensed by the Department of Juvenile Justice for juvenile

  4  offenders or alleged juvenile offenders, and for prevention,

  5  diversion, or early intervention of delinquency, and to

  6  develop programs to educate the citizenry about such services,

  7  programs, and facilities and about the need and procedure for

  8  siting new facilities.

  9         (h)  Conduct such other activities as the board may

10  determine are necessary and appropriate to monitor the

11  effectiveness of the delivery of juvenile justice programs and

12  services under this chapter.

13         (i)  Submit an annual report to the President of the

14  Senate, the Speaker of the House of Representatives, the

15  Governor, and the secretary of the department not later than

16  February 15 of each calendar year, summarizing the activities

17  and reports of the board for the preceding year, and any

18  recommendations of the board for the following year.

19         (6)  The board shall study the extent and nature of

20  education programs for juvenile offenders committed by the

21  court to the Department of Juvenile Justice and for juvenile

22  offenders under court supervision in the community. The board

23  shall utilize a subcommittee of interested board members and

24  may request other interested persons to participate and act as

25  a juvenile justice education task force for the study. The

26  task force shall address, at a minimum, the following issues:

27         (a)  The impact of education services on students in

28  commitment programs;

29         (b)  The barriers impeding the timely transfer of

30  education records;

31

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  1         (c)  The development and implementation of vocational

  2  programming in commitment programs;

  3         (d)  The implementation of provisions for earning high

  4  school credits regardless of varied lengths of stay; and

  5         (e)  The accountability of school districts and

  6  providers regarding the expenditure of education funds.

  7         (7)  The board shall have access to all records, files,

  8  and reports that are material to its duties and that are in

  9  the custody of a school board, a law enforcement agency, a

10  state attorney, a public defender, the court, the Department

11  of Children and Family Services, and the department.

12         (8)  Unless reenacted by the Legislature, this section

13  expires June 30, 2001.

14         Section 42.  Subsections (3), (4), and (11) and

15  paragraph (a) of subsection (12) of section 985.404, Florida

16  Statutes, are amended to read:

17         985.404  Administering the juvenile justice

18  continuum.--

19         (3)  The department shall develop or contract for

20  diversified and innovative programs to provide rehabilitative

21  treatment, including early intervention and prevention,

22  diversion, comprehensive intake, case management, diagnostic

23  and classification assessments, individual and family

24  counseling, shelter care, diversified detention care

25  emphasizing alternatives to secure detention, diversified

26  probation community control, halfway houses, foster homes,

27  community-based substance abuse treatment services,

28  community-based mental health treatment services,

29  community-based residential and nonresidential programs,

30  environmental programs, and programs for serious or habitual

31  juvenile offenders. Each program shall place particular

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  1  emphasis on reintegration and conditional release aftercare

  2  for all children in the program.

  3         (4)  The department may transfer a child, when

  4  necessary to appropriately administer the child's commitment,

  5  from one facility or program to another facility or program

  6  operated, contracted, subcontracted, or designated by the

  7  department, including a postcommitment minimum-risk

  8  nonresidential conditional release aftercare program. The

  9  department shall notify the court that committed the child to

10  the department, in writing, of its transfer of the child from

11  a commitment facility or program to another facility or

12  program of a higher or lower restrictiveness level.  The court

13  that committed the child may agree to the transfer or may set

14  a hearing to review the transfer.  If the court does not

15  respond within 10 days after receipt of the notice, the

16  transfer of the child shall be deemed granted.

17         (11)(a)  The Department of Juvenile Justice, in

18  consultation with the Juvenile Justice Advisory Accountability

19  Board, the Office of Economic and Demographic Research, and

20  contract service providers, shall develop a cost-effectiveness

21  model and apply the model to each commitment program. Program

22  recommitment rates shall be a component of the model.  The

23  cost-effectiveness model shall compare program costs to client

24  outcomes and program outputs.  It is the intent of the

25  Legislature that continual development efforts take place to

26  improve the validity and reliability of the cost-effectiveness

27  model and to integrate the standard methodology developed

28  under s. 985.401(4) for interpreting program outcome

29  evaluations.

30         (b)  The department shall rank commitment programs

31  based on the cost-effectiveness model and shall submit a

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  1  report to the appropriate substantive and fiscal committees of

  2  each house of the Legislature by December 31 of each year.

  3         (c)  Based on reports of the Juvenile Justice Advisory

  4  Accountability Board on client outcomes and program outputs

  5  and on the department's most recent cost-effectiveness

  6  rankings, the department may terminate a program operated by

  7  the department or a provider if the program has failed to

  8  achieve a minimum threshold of program effectiveness. This

  9  paragraph does not preclude the department from terminating a

10  contract as provided under s. 985.412 or as otherwise provided

11  by law or contract, and does not limit the department's

12  authority to enter into or terminate a contract.

13         (d)  In collaboration with the Juvenile Justice

14  Advisory Accountability Board, the Office of Economic and

15  Demographic Research, and contract service providers, the

16  department shall develop a work plan to refine the

17  cost-effectiveness model so that the model is consistent with

18  the performance-based program budgeting measures approved by

19  the Legislature to the extent the department deems

20  appropriate. The department shall notify the Office of Program

21  Policy Analysis and Government Accountability of any meetings

22  to refine the model.

23         (e)  Contingent upon specific appropriation, the

24  department, in consultation with the Juvenile Justice Advisory

25  Accountability Board, the Office of Economic and Demographic

26  Research, and contract service providers, shall:

27         1.  Construct a profile of each commitment program that

28  uses the results of the quality assurance report required by

29  s. 985.412, the outcome evaluation report compiled by the

30  Juvenile Justice Advisory Accountability Board under s.

31

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  1  985.401, the cost-effectiveness report required in this

  2  subsection, and other reports available to the department.

  3         2.  Target, for a more comprehensive evaluation, any

  4  commitment program that has achieved consistently high, low,

  5  or disparate ratings in the reports required under

  6  subparagraph 1.

  7         3.  Identify the essential factors that contribute to

  8  the high, low, or disparate program ratings.

  9         4.  Use the results of these evaluations in developing

10  or refining juvenile justice programs or program models,

11  client outcomes and program outputs, provider contracts,

12  quality assurance standards, and the cost-effectiveness model.

13         (12)(a)  The department shall operate a statewide,

14  regionally administered system of detention services for

15  children, in accordance with a comprehensive plan for the

16  regional administration of all detention services in the

17  state. The plan must provide for the maintenance of adequate

18  availability of detention services for all counties. The plan

19  must cover all the department's operating circuits 15 service

20  districts, with each operating circuit service district having

21  a secure facility and nonsecure and home detention programs,

22  and the plan may be altered or modified by the Department of

23  Juvenile Justice as necessary.

24         Section 43.  Subsection (2) of section 985.4045,

25  Florida Statutes, is amended to read:

26         985.4045  Sexual misconduct prohibited; reporting

27  required; penalties.--

28         (2)  An employee of the department, or an employee of a

29  provider under contract with the department, who witnesses

30  sexual misconduct committed against a juvenile offender, or

31  who has reasonable cause to suspect that sexual misconduct has

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  1  been committed against a juvenile offender, shall immediately

  2  report the incident to the department's incident hotline, and

  3  prepare, date, and sign an independent report that

  4  specifically describes the nature of the sexual misconduct,

  5  the location and time of the incident, and the persons

  6  involved.  The employee shall deliver the report to the

  7  supervisor or program director, who is responsible for

  8  providing copies to the department's inspector general and the

  9  circuit district juvenile justice manager. The inspector

10  general shall immediately conduct an appropriate

11  administrative investigation, and, if there is probable cause

12  to believe that a violation of subsection (1) has occurred,

13  the inspector general shall notify the state attorney in the

14  circuit in which the incident occurred.

15         Section 44.  Paragraph (a) of subsection (2) of section

16  985.406, Florida Statutes, is amended, and subsection (9) is

17  added to that section, to read:

18         985.406  Juvenile justice training academies

19  established; Juvenile Justice Standards and Training

20  Commission created; Juvenile Justice Training Trust Fund

21  created.--

22         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING

23  COMMISSION.--

24         (a)  There is created under the Department of Juvenile

25  Justice the Juvenile Justice Standards and Training

26  Commission, hereinafter referred to as the commission. The

27  17-member commission shall consist of the Attorney General or

28  designee, the Commissioner of Education or designee, a member

29  of the juvenile court judiciary to be appointed by the Chief

30  Justice of the Supreme Court, and 14 members to be appointed

31  by the Secretary of Juvenile Justice as follows:

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  1         1.  Seven members shall be juvenile justice

  2  professionals:  a superintendent or a direct care staff member

  3  from an institution; a director from a contracted

  4  community-based program; a superintendent and a direct care

  5  staff member from a regional detention center or facility; a

  6  juvenile probation officer supervisor and a juvenile probation

  7  officer; and a director of a day treatment or conditional

  8  release aftercare program. No fewer than three of these

  9  members shall be contract providers.

10         2.  Two members shall be representatives of local law

11  enforcement agencies.

12         3.  One member shall be an educator from the state's

13  university and community college program of criminology,

14  criminal justice administration, social work, psychology,

15  sociology, or other field of study pertinent to the training

16  of juvenile justice program staff.

17         4.  One member shall be a member of the public.

18         5.  One member shall be a state attorney, or assistant

19  state attorney, who has juvenile court experience.

20         6.  One member shall be a public defender, or assistant

21  public defender, who has juvenile court experience.

22         7.  One member shall be a representative of the

23  business community.

24

25  All appointed members shall be appointed to serve terms of 2

26  years.

27         (9)  The Juvenile Justice Standards and Training

28  Commission is terminated on June 30, 2001, and such

29  termination shall be reviewed by the Legislature prior to that

30  date.

31

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  1         Section 45.  Subsection (2) of section 985.411, Florida

  2  Statutes, is amended to read:

  3         985.411  Administering county and municipal delinquency

  4  programs and facilities.--

  5         (2)  A county or municipal government may develop or

  6  contract for innovative programs that which provide

  7  rehabilitative treatment with particular emphasis on

  8  reintegration and conditional release aftercare for all

  9  children in the program, including halfway houses and

10  community-based substance abuse treatment services, mental

11  health treatment services, residential and nonresidential

12  programs, environmental programs, and programs for serious or

13  habitual juvenile offenders.

14         Section 46.  Effective October 1, 2000, section

15  985.4135, Florida Statutes, is created to read:

16         985.4135  Juvenile justice circuit boards and juvenile

17  justice county councils.--

18         (1)  There is authorized a juvenile justice circuit

19  board to be established in each of the 20 judicial circuits

20  and a juvenile justice county council to be established in

21  each of the 67 counties. The purpose of each juvenile justice

22  circuit board and each juvenile justice county council is to

23  provide advice and direction to the department in the

24  development and implementation of juvenile justice programs

25  and to work collaboratively with the department in seeking

26  program improvements and policy changes to address the

27  emerging and changing needs of Florida's youth who are at risk

28  of delinquency.

29         (2)  Each juvenile justice county council shall develop

30  a juvenile justice prevention and early intervention plan for

31  the county and shall collaborate with the circuit board and

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  1  other county councils assigned to that circuit in the

  2  development of a comprehensive plan for the circuit.

  3         (3)  Juvenile justice circuit boards and county

  4  councils shall also participate in facilitating interagency

  5  cooperation and information sharing.

  6         (4)  Juvenile justice circuit boards and county

  7  councils may apply for and receive public or private grants to

  8  be administered by one of the community partners that support

  9  one or more components of the county or circuit plan.

10         (5)  Juvenile justice circuit boards and county

11  councils shall advise and assist the department in the

12  evaluation and award of prevention and early intervention

13  grant programs, including the Community Juvenile Justice

14  Partnership Grant program established in s. 985.415 and

15  proceeds from the Invest in Children license plate annual use

16  fees.

17         (6)  Each juvenile justice circuit board shall provide

18  an annual report to the department describing the activities

19  of the circuit board and each of the county councils contained

20  within its circuit. The department may prescribe a format and

21  content requirements for submission of annual reports.

22         (7)  Membership of the juvenile justice circuit board

23  may not exceed 18 members, except as provided in subsections

24  (8) and (9). Members must include the state attorney, the

25  public defender, and the chief judge of the circuit, or their

26  respective designees. The remaining 15 members of the board

27  must be appointed by the county councils within that circuit.

28  The board must include at least one representative from each

29  county council within the circuit. In appointing members to

30  the circuit board, the county councils must reflect:

31

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  1         (a)  The circuit's geography and population

  2  distribution.

  3         (b)  Juvenile justice partners, including, but not

  4  limited to, representatives of law enforcement, the school

  5  system, and the Department of Children and Family Services.

  6         (c)  Diversity in the judicial circuit.

  7         (8)  At any time after the adoption of initial bylaws

  8  pursuant to subsection (12) a juvenile justice circuit board

  9  may revise the bylaws to increase the number of members by not

10  more than three in order to adequately reflect the diversity

11  of the population and community organizations or agencies in

12  the circuit.

13         (9)  If county councils are not formed within a

14  circuit, the circuit board may establish its membership in

15  accordance with subsection (10). For juvenile justice circuit

16  boards organized pursuant to this subsection, the state

17  attorney, public defender, and chief circuit judge, or their

18  respective designees, shall be members of the circuit board.

19         (10)  Membership of the juvenile justice county

20  councils, or juvenile justice circuit boards established under

21  subsection (9), must include representatives from the

22  following entities:

23         (a)  Representatives from the school district, which

24  may include elected school board officials, the school

25  superintendent, school or district administrators, teachers,

26  and counselors.

27         (b)  Representatives of the board of county

28  commissioners.

29         (c)  Representatives of the governing bodies of local

30  municipalities within the county.

31

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  1         (d)  A representative of the corresponding circuit or

  2  regional entity of the Department of Children and Family

  3  Services.

  4         (e)  Representatives of local law enforcement agencies,

  5  including the sheriff or the sheriff's designee.

  6         (f)  Representatives of the judicial system.

  7         (g)  Representatives of the business community.

  8         (h)  Representatives of other interested officials,

  9  groups, or entities, including, but not limited to, a

10  children's services council, public or private providers of

11  juvenile justice programs and services, students, parents, and

12  advocates. Private providers of juvenile justice programs may

13  not exceed one-third of the voting membership.

14         (i)  Representatives of the faith community.

15         (j)  Representatives of victim-service programs and

16  victims of crimes.

17         (k)  Representatives of the Department of Corrections.

18         (11)  Each juvenile justice county council, or juvenile

19  justice circuit board established under subsection (9), must

20  provide for the establishment of an executive committee of not

21  more than 10 members. The duties and authority of the

22  executive committee must be addressed in the by-laws.

23         (12)  Each juvenile justice circuit board and county

24  council shall develop by-laws that provide for officers and

25  committees as the board or council deems necessary and shall

26  specify the qualifications, method of selection, and term for

27  each office created. The by-laws shall address at least the

28  following issues:  process for appointments to the board or

29  council; election or appointment of officers; filling of

30  vacant positions; duration of member terms; provisions for

31  voting; meeting attendance requirements; and the establishment

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  1  and duties of an executive committee, if required under

  2  subsection (11).

  3         (13)  Members of juvenile justice circuit boards and

  4  county councils are subject to the provisions of part III of

  5  chapter 112.

  6         Section 47.  Subsections (1) and (2) of section

  7  985.4145, Florida Statutes, are amended to read:

  8         985.4145  Direct-support organization; definition; use

  9  of property; board of directors; audit.--

10         (1)  DEFINITION.--As used in this section, the term

11  "direct-support organization" means an organization whose sole

12  purpose is to support the juvenile justice system and which

13  is:

14         (a)  A corporation not-for-profit incorporated under

15  chapter 617 and which is approved by the Department of State;

16         (b)  Organized and operated to conduct programs and

17  activities; to raise funds; to request and receive grants,

18  gifts, and bequests of moneys; to acquire, receive, hold,

19  invest, and administer, in its own name, securities, funds,

20  objects of value, or other property, real or personal; and to

21  make expenditures to or for the direct or indirect benefit of

22  the Department of Juvenile Justice or the juvenile justice

23  system operated by a county commission or a circuit district

24  board; and

25         (c)  Determined by the Department of Juvenile Justice

26  to be consistent with the goals of the juvenile justice

27  system, in the best interest of the state, and in accordance

28  with the adopted goals and mission of the Department of

29  Juvenile Justice.

30

31

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  1  Expenditures of the organization shall be expressly used to

  2  prevent and ameliorate juvenile delinquency. The expenditures

  3  of the direct-support organization may not be used for the

  4  purpose of lobbying as defined in s. 11.045.

  5         (2)  CONTRACT.--The direct-support organization shall

  6  operate under written contract with the department. The

  7  contract must provide for:

  8         (a)  Approval of the articles of incorporation and

  9  bylaws of the direct-support organization by the department.

10         (b)  Submission of an annual budget for the approval of

11  the department.

12         (c)  Certification by the department that the

13  direct-support organization is complying with the terms of the

14  contract and in a manner consistent with the goals and

15  purposes of the department and in the best interest of the

16  state. Such certification must be made annually and reported

17  in the official minutes of a meeting of the direct-support

18  organization.

19         (d)  The reversion of moneys and property held in trust

20  by the direct-support organization for the benefit of the

21  juvenile justice system to the state if the department ceases

22  to exist or to the department if the direct-support

23  organization is no longer approved to operate for the

24  department, a county commission, or a circuit district board

25  or if the direct-support organization ceases to exist.;

26         (e)  The fiscal year of the direct-support

27  organization, which must begin July 1 of each year and end

28  June 30 of the following year.;

29         (f)  The disclosure of material provisions of the

30  contract, and the distinction between the department and the

31  direct-support organization, to donors of gifts,

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  1  contributions, or bequests, including such disclosure on all

  2  promotional and fundraising publications.

  3         Section 48.  Paragraphs (a) and (c) of subsection (1)

  4  and paragraphs (a), (b), and (e) of subsection (2) of section

  5  985.415, Florida Statutes, are amended to read:

  6         985.415  Community Juvenile Justice Partnership

  7  Grants.--

  8         (1)  GRANTS; CRITERIA.--

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

10  and circuit district juvenile justice plans and the

11  development and implementation of county and circuit district

12  interagency agreements pursuant to s. 985.4135 ss. 985.413 and

13  985.414, the community juvenile justice partnership grant

14  program is established, and shall be administered by the

15  Department of Juvenile Justice.

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

17  following criteria in awarding grants:

18         1.  The circuit district juvenile justice plan and any

19  county juvenile justice plans that are referred to or

20  incorporated into the circuit district plan, including a list

21  of individuals, groups, and public and private entities that

22  participated in the development of the plan.

23         2.  The diversity of community entities participating

24  in the development of the circuit district juvenile justice

25  plan.

26         3.  The number of community partners who will be

27  actively involved in the operation of the grant program.

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

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

30

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

  2  evaluated and, if deemed successful, the feasibility of

  3  implementation in other communities.

  4         (2)  GRANT APPLICATION PROCEDURES.--

  5         (a)  Each entity wishing to apply for an annual

  6  community juvenile justice partnership grant, which may be

  7  renewed for a maximum of 2 additional years for the same

  8  provision of services, shall submit a grant proposal for

  9  funding or continued funding to the department.  The

10  department shall establish the grant application procedures.

11  In order to be considered for funding, the grant proposal

12  shall include the following assurances and information:

13         1.  A letter from the chair of the county juvenile

14  justice circuit board council confirming that the grant

15  application has been reviewed and found to support one or more

16  purposes or goals of the juvenile justice plan as developed by

17  the board council.

18         2.  A rationale and description of the program and the

19  services to be provided, including goals and objectives.

20         3.  A method for identification of the juveniles most

21  likely to be involved in the juvenile justice system who will

22  be the focus of the program.

23         4.  Provisions for the participation of parents and

24  guardians in the program.

25         5.  Coordination with other community-based and social

26  service prevention efforts, including, but not limited to,

27  drug and alcohol abuse prevention and dropout prevention

28  programs, that serve the target population or neighborhood.

29         6.  An evaluation component to measure the

30  effectiveness of the program in accordance with the provisions

31  of s. 985.412.

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  1         7.  A program budget, including the amount and sources

  2  of local cash and in-kind resources committed to the budget.

  3  The proposal must establish to the satisfaction of the

  4  department that the entity will make a cash or in-kind

  5  contribution to the program of a value that is at least equal

  6  to 20 percent of the amount of the grant.

  7         8.  The necessary program staff.

  8         (b)  The department shall consider the following in

  9  awarding such grants:

10         1.  The recommendations of the juvenile justice county

11  council as to the priority that should be given to proposals

12  submitted by entities within a county.

13         2.  The recommendations of the juvenile justice circuit

14  board as to the priority that should be given to proposals

15  submitted by entities within a circuit district.

16         (e)  Each entity that is awarded a grant as provided

17  for in this section shall submit an annual evaluation report

18  to the department, the circuit district juvenile justice

19  manager, the district juvenile justice circuit board, and the

20  county juvenile justice county council, by a date subsequent

21  to the end of the contract period established by the

22  department, documenting the extent to which the program

23  objectives have been met, the effect of the program on the

24  juvenile arrest rate, and any other information required by

25  the department. The department shall coordinate and

26  incorporate all such annual evaluation reports with the

27  provisions of s. 985.412.  Each entity is also subject to a

28  financial audit and a performance audit.

29         Section 49.  Section 985.416, Florida Statutes, is

30  amended to read:

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  1         985.416  Innovation zones.--The department shall

  2  encourage each of the district juvenile justice circuit boards

  3  to propose at least one innovation zone within the circuit

  4  district for the purpose of implementing any experimental,

  5  pilot, or demonstration project that furthers the

  6  legislatively established goals of the department. An

  7  innovation zone is a defined geographic area such as a circuit

  8  district, commitment region, county, municipality, service

  9  delivery area, school campus, or neighborhood providing a

10  laboratory for the research, development, and testing of the

11  applicability and efficacy of model programs, policy options,

12  and new technologies for the department.

13         (1)(a)  The district juvenile justice circuit board

14  shall submit a proposal for an innovation zone to the

15  secretary. If the purpose of the proposed innovation zone is

16  to demonstrate that specific statutory goals can be achieved

17  more effectively by using procedures that require modification

18  of existing rules, policies, or procedures, the proposal may

19  request the secretary to waive such existing rules, policies,

20  or procedures or to otherwise authorize use of alternative

21  procedures or practices. Waivers of such existing rules,

22  policies, or procedures must comply with applicable state or

23  federal law.

24         (b)  For innovation zone proposals that the secretary

25  determines require changes to state law, the secretary may

26  submit a request for a waiver from such laws, together with

27  any proposed changes to state law, to the chairs of the

28  appropriate legislative committees for consideration.

29         (c)  For innovation zone proposals that the secretary

30  determines require waiver of federal law, the secretary may

31

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  1  submit a request for such waivers to the applicable federal

  2  agency.

  3         (2)  An innovation zone project may not have a duration

  4  of more than 2 years, but the secretary may grant an

  5  extension.

  6         (3)  Before implementing an innovation zone under this

  7  subsection, the secretary shall, in conjunction with the

  8  Auditor General, develop measurable and valid objectives for

  9  such zone within a negotiated reasonable period of time.

10  Moneys designated for an innovation zone in one operating

11  circuit service district may not be used to fund an innovation

12  zone in another operating circuit district.

13         (4)  Program models for innovation zone projects

14  include, but are not limited to:

15         (a)  A forestry alternative work program that provides

16  selected juvenile offenders an opportunity to serve in a

17  forestry work program as an alternative to incarceration, in

18  which offenders assist in wildland firefighting, enhancement

19  of state land management, environmental enhancement, and land

20  restoration.

21         (b)  A collaborative public/private dropout prevention

22  partnership that trains personnel from both the public and

23  private sectors of a target community who are identified and

24  brought into the school system as an additional resource for

25  addressing problems which inhibit and retard learning,

26  including abuse, neglect, financial instability, pregnancy,

27  and substance abuse.

28         (c)  A support services program that provides

29  economically disadvantaged youth with support services, jobs,

30  training, counseling, mentoring, and prepaid postsecondary

31  tuition scholarships.

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  1         (d)  A juvenile offender job training program that

  2  offers an opportunity for juvenile offenders to develop

  3  educational and job skills in a 12-month to 18-month

  4  nonresidential training program, teaching the offenders skills

  5  such as computer-aided design, modular panel construction, and

  6  heavy vehicle repair and maintenance which will readily

  7  transfer to the private sector, thereby promoting

  8  responsibility and productivity.

  9         (e)  An infant mortality prevention program that is

10  designed to discourage unhealthy behaviors such as smoking and

11  alcohol or drug consumption, reduce the incidence of babies

12  born prematurely or with low birth weight, reduce health care

13  cost by enabling babies to be safely discharged earlier from

14  the hospital, reduce the incidence of child abuse and neglect,

15  and improve parenting and problem-solving skills.

16         (f)  A regional crime prevention and intervention

17  program that serves as an umbrella agency to coordinate and

18  replicate existing services to at-risk children, first-time

19  juvenile offenders, youth crime victims, and school dropouts.

20         (g)  An alternative education outreach school program

21  that serves delinquent repeat offenders between 14 and 18

22  years of age who have demonstrated failure in school and who

23  are referred by the juvenile court.

24         (h)  A drug treatment and prevention program that

25  provides early identification of children with alcohol or drug

26  problems to facilitate treatment, comprehensive screening and

27  assessment, family involvement, and placement options.

28         (i)  A community resource mother or father program that

29  emphasizes parental responsibility for the behavior of

30  children, and requires the availability of counseling services

31  for children at high risk for delinquent behavior.

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  1         Section 50.  Subsection (5) of section 985.417, Florida

  2  Statutes, is amended to read:

  3         985.417  Transfer of children from the Department of

  4  Corrections to the Department of Juvenile Justice.--

  5         (5)  Any child who has been convicted of a capital

  6  felony while under the age of 18 years may not be released on

  7  probation community control without the consent of the

  8  Governor and three members of the Cabinet.

  9         Section 51.  Sections 985.413 and 985.414, Florida

10  Statutes, are repealed.

11         Section 52.  (1)  The Department of Juvenile Justice

12  shall provide technical assistance to existing district

13  juvenile justice boards and county juvenile justice councils

14  to facilitate the transition to juvenile justice circuit

15  boards and juvenile justice county councils as required in

16  this act. Members of district juvenile justice boards and

17  county juvenile justice councils as of July 1, 2000, shall be

18  permitted to complete their terms.

19         (2)  This section is repealed January 1, 2002.

20         Section 53.  Notwithstanding the provisions of sections

21  216.181 and 216.351, Florida Statutes, The Department of

22  Juvenile Justice may transfer salary rate, without position

23  changes, between budget entities for Fiscal Year 2000-2001 for

24  the purposes of implementing the reorganization. All such

25  transfers must be in accordance with the budget amendatory and

26  legislative notice provisions of chapter 216, Florida

27  Statutes. This section is repealed effective June 30, 2001.

28         Section 54.  Except as otherwise expressly provided in

29  this act, this act shall take effect July 1, 2000.

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1196

  3

  4  Authorizes the Secretary of the Department of Juvenile Justice
    to appoint a chief of staff and an assistant secretary for
  5  each of the newly-formed program areas within the department

  6  Terminates the Juvenile Justice Standards and Training
    Commission on June 30, 2001, after review by the Legislature.
  7
    Repeals the existing district board and county council
  8  statutes and replaces them with a new section authorizing the
    creation of circuit juvenile justice boards and county
  9  councils.

10  Eliminates duplicative duties and integrates planning
    functions among the boards and councils.
11
    Allows a county to be administratively placed in an
12  alternative juvenile justice circuit in the areas of
    prevention and victim services, and probation and community
13  corrections, if the chief circuit judge agrees.

14  Makes technical and conforming changes throughout the
    statutes.
15
    Clarifies that budget flexibility is granted for the purpose
16  of implementing the reorganization and expires on June 30,
    2001.
17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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