House Bill 2203

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    Florida House of Representatives - 2000                HB 2203

        By the Committee on Juvenile Justice and Representative
    Merchant





  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; authorizing the secretary to

  9         establish positions necessary to administer the

10         requirements of said section; creating juvenile

11         justice operating circuits; revising the

12         boundaries of the department's service

13         districts to conform to the boundaries of the

14         judicial circuits; amending ss. 984.09 and

15         985.216, F.S., relating to alternative

16         sanctions coordinators; deleting references to

17         county juvenile justice councils; amending s.

18         985.03, F.S.; defining the term "conditional

19         release" to mean the supervision and treatment

20         services formerly known as aftercare; defining

21         the term "probation" to mean the legal status

22         formerly known as community control; revising

23         and deleting definitions to conform to other

24         changes made by the act; amending ss. 985.309,

25         985.31, and 985.311, F.S.; revising the minimum

26         period for certain juveniles to participate in

27         a boot camp, a serious or habitual juvenile

28         offender program, or an intensive residential

29         treatment program; amending ss. 20.19, 39.0015,

30         216.136, 232.19, 288.9957, 419.001, 744.309,

31         784.075, 790.22, 938.17, 948.51, 984.03,

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  1         984.05, 984.086, 984.10, 985.04, 985.06,

  2         985.2066, 985.207, 985.215, 985.226, 985.227,

  3         985.228, 985.23, 985.231, 985.233, 985.305,

  4         985.308, 985.312, 985.3141, 985.315, 985.316,

  5         985.317, 985.401, 985.404, 985.4045, 985.406,

  6         985.411, 985.4145, 985.415, 985.416, and

  7         985.417, F.S.; conforming provisions to changes

  8         made by the act; deleting obsolete provisions;

  9         creating s. 985.4135, F.S.; creating juvenile

10         justice circuit boards and juvenile justice

11         county councils; providing for membership,

12         duties, and procedures; providing that certain

13         members of district juvenile justice boards and

14         county juvenile justice councils may complete

15         their terms; repealing s. 985.413, F.S.,

16         relating to district juvenile justice boards;

17         repealing s. 985.414, F.S., relating to county

18         juvenile justice councils; requiring the

19         department to provide technical assistance to

20         facilitate transition to circuit boards and

21         county councils; providing for repeal;

22         authorizing the Department of Juvenile Justice

23         to transfer salary rates between budget

24         entities to implement reorganization; providing

25         for repeal; providing effective dates.

26

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

28

29         Section 1.  Section 20.316, Florida Statutes, is

30  amended to read:

31

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  1         20.316  Department of Juvenile Justice.--There is

  2  created a Department of Juvenile Justice.

  3         (1)  SECRETARY OF JUVENILE JUSTICE.--

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

  5  the Secretary of Juvenile Justice. The secretary of the

  6  department shall be appointed by the Governor and shall serve

  7  at the pleasure of the Governor.

  8         (b)  The Secretary of Juvenile Justice is responsible

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

10  programs and services within the juvenile justice continuum.

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

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

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

14  intervention, and diversion programs; detention centers and

15  related programs and facilities; community-based residential

16  and nonresidential commitment programs; and delinquency

17  institutions provided or funded by the department.

18         (c)  The Secretary of Juvenile Justice shall:

19         1.  Ensure that juvenile justice continuum programs and

20  services are implemented according to legislative intent;

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

22  program standards; and performance objectives by reviewing and

23  monitoring regional and circuit district program operations

24  and providing technical assistance to those programs.

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

26  implementation of an appropriate mix of programs and services

27  within the juvenile justice continuum, including prevention,

28  diversion, nonresidential and residential commitment programs,

29  training schools, and conditional release reentry and

30  aftercare programs and services, with an overlay of

31

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

  2  health services where appropriate.

  3         3.  Provide for program research, development, and

  4  planning.

  5         4.  Develop staffing and workload standards and

  6  coordinate staff development and training.

  7         5.  Develop budget and resource allocation

  8  methodologies and strategies.

  9         6.  Establish program policies and rules and ensure

10  that those policies and rules encourage cooperation,

11  collaboration, and information sharing with community partners

12  in the juvenile justice system to the extent authorized by

13  law.

14         7.  Develop funding sources external to state

15  government.

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

17  and program development grants.

18         9.  Enter into contracts.

19         (d)  The secretary shall periodically review the needs

20  in each commitment region.

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

22  established within the Department of Juvenile Justice:

23         (a)  Prevention and Victim Services.

24         (b)  Intake and Detention.

25         (c)  Residential and Correctional Facilities.

26         (d)  Probation and Community Corrections.

27         (e)  Administration.

28

29  The secretary may establish assistant secretary positions and

30  a chief of staff position as necessary to administer the

31  requirements of this section.

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

  2  shall appoint a Deputy Secretary for Operations who shall

  3  supervise the managers of the 15 services districts within the

  4  department.

  5         (3)  ASSISTANT SECRETARY OF PROGRAMMING AND

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

  7  of Programming and Planning who shall head the following

  8  divisions:

  9         (a)  Division of Prevention and Intervention.

10         (b)  Division of Detention and Commitment.

11         (3)(4)  JUVENILE JUSTICE OPERATING CIRCUITS SERVICE

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

13  programs through a substate structure that conforms to the

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

15  county may seek placement in a juvenile justice operating

16  circuit other than as prescribed in s. 26.021 for

17  participation in the Prevention and Victim Services Program

18  and the Probation and Community Corrections Program by making

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

20  affected by such request. Upon a showing that geographic

21  proximity, community identity, or other legitimate concern for

22  efficiency of operations merits alternative placement, each

23  affected chief circuit judge may authorize the execution of an

24  interagency agreement specifying the alternative juvenile

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

26  and the basis for the alternative placement. Upon the

27  execution of said interagency agreement by each affected chief

28  circuit judge, the secretary may administratively place a

29  county in an alternative juvenile justice operating circuit

30  pursuant to the agreement. service districts and subdistricts

31  composed of the following counties:

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

  2  Counties;

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

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

  5  Madison, and Taylor Counties;

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

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

  8  Alachua Counties;

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

10  Counties;

11         District 5.--Pasco and Pinellas Counties;

12         District 6.--Hillsborough and Manatee Counties;

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

14  Counties;

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

16  Hendry, and Collier Counties;

17         District 9.--Palm Beach County;

18         District 10.--Broward County;

19         District 11.--Dade and Monroe Counties;

20         District 12.--Flagler and Volusia Counties;

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

22  Lake Counties;

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

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

25  Martin Counties.

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

27  administer its community and institutional delinquency

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

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

30  regions composed of the following service districts:

31         Northwest Region.--Districts 1 and 2.

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

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

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

  4         Southern Region.--Districts 10 and 11.

  5         (4)(6)  INFORMATION SYSTEMS.--

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

  7  in consultation with the Criminal and Juvenile Justice

  8  Information Systems Council under s. 943.08, a juvenile

  9  justice information system which shall provide information

10  concerning the department's activities and programs.

11         (b)  In establishing the computing and network

12  infrastructure for the development of the information system,

13  the department shall develop a system design to set the

14  direction for the information system.  That design shall

15  include not only department system requirements but also data

16  exchange requirements of other state and local juvenile

17  justice system organizations.

18         (c)  The department shall implement a distributed

19  system architecture which shall be defined in its agency

20  strategic plan.

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

22  minimum:

23         1.  Facilitate case management of juveniles referred to

24  or placed in the department's custody.

25         2.  Provide timely access to current data and computing

26  capacity to support the outcome evaluation activities of the

27  Juvenile Justice Advisory Accountability Board as provided in

28  s. 985.401, legislative oversight, the Juvenile Justice

29  Estimating Conference, and other research.

30         3.  Provide automated support to the quality assurance

31  and program review functions.

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  1         4.  Provide automated support to the contract

  2  management process.

  3         5.  Provide automated support to the facility

  4  operations management process.

  5         6.  Provide automated administrative support to

  6  increase efficiency, provide the capability of tracking

  7  expenditures of funds by the department or contracted service

  8  providers that are eligible for federal reimbursement, and

  9  reduce forms and paperwork.

10         7.  Facilitate connectivity, access, and utilization of

11  information among various state agencies, and other state,

12  federal, local, and private agencies, organizations, and

13  institutions.

14         8.  Provide electronic public access to juvenile

15  justice information, which is not otherwise made confidential

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

17         9.  Provide a system for the training of information

18  system users and user groups.

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

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

21  utilization rate, and statistical data of the youth served

22  into a descriptive report and shall disseminate the quarterly

23  and annual reports to substantive committees of the House of

24  Representatives and the Senate.

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

26  the juvenile justice information system to the Criminal and

27  Juvenile Justice Information Systems Council Joint Information

28  Technology Resources Committee. The council committee shall

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

30  appropriate substantive and appropriations committees of the

31  House of Representatives and the Senate delineating the

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  1  development status of the system and other information

  2  necessary for funding policy formulation.

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

  4  request a comprehensive summary of costs involved in the

  5  establishment of the information system and cost savings

  6  associated with its implementation.  The budget request must

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

  8  facility resources for development and maintenance of the

  9  system.

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

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

12  Statutes, are amended to read:

13         20.19  Department of Children and Family

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

15  Family Services.

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

17         (o)  Health and human services boards have the

18  following responsibilities, with respect to those programs and

19  services assigned to the districts, as developed jointly with

20  the district administrator:

21         1.  Establish district outcome measures consistent with

22  statewide outcomes.

23         2.  Conduct district needs assessments using

24  methodologies consistent with those established by the

25  secretary.

26         3.  Negotiate with the secretary a district performance

27  agreement that:

28         a.  Identifies current resources and services

29  available;

30         b.  Identifies unmet needs and gaps in services;

31         c.  Establishes service and funding priorities;

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  1         d.  Establishes outcome measures for the district; and

  2         e.  Identifies expenditures and the number of clients

  3  to be served, by service.

  4         4.  Provide budget oversight, including development and

  5  approval of the district's legislative budget request.

  6         5.  Provide policy oversight, including development and

  7  approval of district policies and procedures.

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

  9  department activities such as:

10         a.  Assisting in the integration of all health and

11  social services within the community;

12         b.  Assisting in the development of community

13  resources;

14         c.  Advocating for community programs and services;

15         d.  Receiving and addressing concerns of consumers and

16  others; and

17         e.  Advising the district administrator on the

18  administration of service programs throughout the district.

19         7.  Advise the district administrator on ways to

20  integrate the delivery of family and health care services at

21  the local level.

22         8.  Make recommendations which would enhance district

23  productivity and efficiency, ensure achievement of performance

24  standards, and assist the district in improving the

25  effectiveness of the services provided.

26         9.  Review contract provider performance reports.

27         10.  Immediately upon appointment of the membership,

28  develop bylaws that clearly identify and describe operating

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

30  specify notice requirements for all regular and special

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

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

  2  members present and voting that are required to take official

  3  and final action on a matter before the board.

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

  5  structure, including the designation of standing committees.

  6  In order to foster the coordinated and integrated delivery of

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

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

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

10  must include consumers, advocates, providers, and department

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

12  board and district administrator shall jointly identify

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

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

15  represented on the committees of the board.

16         b.  The district juvenile justice circuit boards

17  established in s. 985.4135 985.413 constitute the standing

18  committee on issues relating to planning, funding, or

19  evaluation of programs and services relating to the juvenile

20  justice continuum.

21         12.  Participate with the secretary in the selection of

22  a district administrator according to the provisions of

23  paragraph (10)(b).

24         13.  Complete an annual evaluation of the district and

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

26  public has an opportunity to comment.

27         14.  Provide input to the secretary on the annual

28  evaluation of the district administrator. The board may

29  request that the secretary submit a written report on the

30  actions to be taken to address negative aspects of the

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

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  1  secretary that the district administrator be discharged. Upon

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

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

  4  respect to the board's recommendation.

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

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

  7         (10)  DISTRICT ADMINISTRATOR.--

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

  9  but are not limited to:

10         1.  Ensuring jointly with the health and human services

11  board that the administration of all service programs is

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

13  and regulations, statewide service plans, and any other

14  policies, procedures, and guidelines established by the

15  secretary.

16         2.  Administering the offices of the department within

17  the district and directing and coordinating all personnel,

18  facilities, and programs of the department located in that

19  district, except as otherwise provided herein.

20         3.  Applying standard information, referral, intake,

21  diagnostic and evaluation, and case management procedures

22  established by the secretary. Such procedures shall include,

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

24  dependency programs serving abandoned, abused, and neglected

25  children.

26         4.  Centralizing to the greatest extent possible the

27  administrative functions associated with the provision of

28  services of the department within the district.

29         5.  Coordinating the services provided by the

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

31  the Secretary of Juvenile Justice, the circuit district

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  1  juvenile justice manager, and public and private agencies that

  2  provide health, social, educational, or rehabilitative

  3  services within the district. Such coordination of services

  4  includes cooperation with the superintendent of each school

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

  6  first state education goal, readiness to start school.

  7         6.  Except as otherwise provided in this section,

  8  appointing all personnel within the district. The district

  9  administrator and the secretary shall jointly appoint the

10  superintendent of each institution under the jurisdiction of

11  the department within the district.

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

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

14  required to discharge his or her duties and implement and

15  conform the policies, procedures, and guidelines established

16  by the secretary to the needs of the district.

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

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

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

20  216.351 notwithstanding.

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

22  39.0015, Florida Statutes, is amended to read:

23         39.0015  Child abuse prevention training in the

24  district school system.--

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

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

27  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

28  984.03(1), (2), and (37) (39).

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

30  216.136, Florida Statutes, is amended to read:

31

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  1         216.136  Consensus estimating conferences; duties and

  2  principals.--

  3         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

  5  the Office of Economic and Demographic Research, and

  6  professional staff who have forecasting expertise from the

  7  Department of Juvenile Justice, the Department of Children and

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

  9  Office, the Department of Law Enforcement, the Senate

10  Appropriations Committee staff, the House of Representatives

11  Appropriations Committee staff, or their designees, are the

12  principals of the Juvenile Justice Estimating Conference. The

13  responsibility of presiding over sessions of the conference

14  shall be rotated among the principals. To facilitate policy

15  and legislative recommendations, the conference may call upon

16  professional staff of the Juvenile Justice Advisory

17  Accountability Board and appropriate legislative staff.

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

19  Statutes, is amended to read:

20         232.19  Court procedure and penalties.--The court

21  procedure and penalties for the enforcement of the provisions

22  of this chapter, relating to compulsory school attendance,

23  shall be as follows:

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

25  manager of the Department of Juvenile Justice or the circuit

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

27  Department of Children and Family Services or the district

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

29  school district or the superintendent's designee must develop

30  a cooperative interagency agreement that:

31

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

  2  responsibility, and function in working with habitual truants

  3  and their families.

  4         (b)  Identifies and implements measures to resolve and

  5  reduce truant behavior.

  6         (c)  Addresses issues of streamlining service delivery,

  7  the appropriateness of legal intervention, case management,

  8  the role and responsibility of the case staffing committee,

  9  student and parental intervention and involvement, and

10  community action plans.

11         (d)  Delineates timeframes for implementation and

12  identifies a mechanism for reporting results by the circuit

13  district juvenile justice manager or the circuit district

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

15  superintendent's designee to the Department of Juvenile

16  Justice and the Department of Education and other governmental

17  entities as needed.

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

19  the intervention steps in this section, to yield more

20  effective and efficient intervention services.

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

22  Statutes, is amended to read:

23         288.9957  Florida Youth Workforce Council.--

24         (1)  The chairman of the Workforce Development Board

25  shall designate the Florida Youth Workforce Council from

26  representatives of distressed inner-city and rural communities

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

28  and representatives of public and private groups, including,

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

30  National Guard, Childrens' Services Councils, Juvenile Welfare

31  Boards, the Apprenticeship Council, juvenile justice circuit

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  1  District boards, and other federal and state programs that

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

  3  implement Workforce Development Board strategies for young

  4  people.

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

  6  419.001, Florida Statutes, is amended to read:

  7         419.001  Site selection of community residential

  8  homes.--

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

10  definitions shall apply:

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

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

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

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

15  a nondangerous mentally ill person as defined in s.

16  394.455(18); or a child as defined in s. 39.01(14), s.

17  984.03(9) or (12), or s. 985.03(8)(9).

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

19  Statutes, is amended to read:

20         744.309  Who may be appointed guardian of a resident

21  ward.--

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

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

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

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

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

27  has been judicially determined to have committed abuse,

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

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

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

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

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  1  415.1075 shall be appointed to act as a guardian.  Except as

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

  3  provides substantial services to the proposed ward in a

  4  professional or business capacity, or a creditor of the

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

  6  previous professional or business relationship.  A person may

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

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

  9  service to the proposed ward in a professional or business

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

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

12  the proposed ward or the court determines that the potential

13  conflict of interest is insubstantial and that the appointment

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

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

16  which a conflict of interest may occur.

17         Section 9.  Section 784.075, Florida Statutes, is

18  amended to read:

19         784.075  Battery on detention or commitment facility

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

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

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

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

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

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

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

27  the facilities listed includes persons employed by the

28  Department of Juvenile Justice, persons employed at facilities

29  licensed by the Department of Juvenile Justice, and persons

30  employed at facilities operated under a contract with the

31  Department of Juvenile Justice.

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

  2  790.22, Florida Statutes, is amended to read:

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

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

  5  possession of firearms by minor under 18 prohibited;

  6  penalties.--

  7         (4)

  8         (c)  No later than July 1, 1994, The district juvenile

  9  justice circuit boards or county juvenile justice county

10  councils or the Department of Juvenile Justice shall establish

11  appropriate community service programs to be available to the

12  alternative sanctions coordinators of the circuit courts in

13  implementing this subsection. The boards or councils or

14  department shall propose the implementation of a community

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

16  plan, to be implemented upon approval of the circuit

17  alternative sanctions coordinator.

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

19  Statutes, is amended to read:

20         938.17  County delinquency prevention.--

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

22  assessments established in subsection (1) shall account for

23  all funds that have been deposited into the designated account

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

25  juvenile justice county council if funds are used for

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

27  are used for suspension programs.

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

29  Statutes, is amended to read:

30         948.51  Community corrections assistance to counties or

31  county consortiums.--

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

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

  3  with the Department of Corrections for community corrections

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

  5  community corrections partnership contract, a county or county

  6  consortium must have a public safety coordinating council

  7  established under s. 951.26 and must designate a county

  8  officer or agency to be responsible for administering

  9  community corrections funds received from the state.  The

10  public safety coordinating council shall prepare, develop, and

11  implement a comprehensive public safety plan for the county,

12  or the geographic area represented by the county consortium,

13  and shall submit an annual report to the Department of

14  Corrections concerning the status of the program. In preparing

15  the comprehensive public safety plan, the public safety

16  coordinating council shall cooperate with the district

17  juvenile justice circuit board and the county juvenile justice

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

19  order to include programs and services for juveniles in the

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

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

22  the governing board of the county, or the governing board of

23  each county within the consortium, and the Secretary of

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

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

26  the public safety coordinating council shall submit a single

27  application to the department for funding. Continued contract

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

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

30  period and must include:

31

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

  2  placement and treatment of offenders in the community.

  3         (b)  A specification of community-based intermediate

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

  5  offenders to be included in each program.

  6         (c)  Specific goals and objectives for reducing the

  7  projected percentage of commitments to the state prison system

  8  of persons with low total sentencing scores pursuant to the

  9  Criminal Punishment Code.

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

11  programs which are part of the plan, which evidence

12  establishes that such programs do not include offenders who

13  otherwise would have been on a less intensive form of

14  community supervision.

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

16  safety coordinating council of all correctional facilities

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

18  the consortium.

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

20  substance abuse intervention and treatment programs and the

21  assessment of offenders in need of treatment who are committed

22  to each correctional facility owned or contracted for by the

23  county or by each county within the consortium.

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

25  funds for each community corrections program, including

26  community corrections funds, loans, state assistance, and

27  other financial assistance.

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

29  984.03, Florida Statutes, are repealed, subsections (26)

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

31

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  1  respectively, and present subsections (32) and (33) of said

  2  section are amended to read:

  3         984.03  Definitions.--When used in this chapter, the

  4  term:

  5         (30)(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         (31)(33)  "Juvenile probation officer" means the

24  authorized agent of the department who performs and directs

25  intake, assessment, probation, or conditional release

26  aftercare, and other related services.

27         Section 14.  Section 984.05, Florida Statutes, is

28  amended to read:

29         984.05  Rules relating to habitual truants; adoption by

30  Department of Education and Department of Juvenile

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

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  1  Department of Education shall work together on the development

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

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

  4         Section 15.  Section 984.086, Florida Statutes, is

  5  amended to read:

  6         984.086  Children locked out of the home; interagency

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

  8  Department of Children and Family Services shall encourage

  9  interagency cooperation within each circuit district and shall

10  develop comprehensive agreements between the staff and

11  providers for each department in order to coordinate the

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

13  and the families of those children.

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

15  Statutes, is amended to read:

16         984.09  Punishment for contempt of court; alternative

17  sanctions.--

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

19  created the position of alternative sanctions coordinator

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

21  alternative sanctions coordinator shall serve under the

22  direction of the chief administrative judge of the juvenile

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

24  alternative sanctions coordinator shall act as the liaison

25  between the judiciary, and county juvenile justice councils,

26  the local department officials, district school board

27  employees, and local law enforcement agencies. The alternative

28  sanctions coordinator shall coordinate within the circuit

29  community-based alternative sanctions, including nonsecure

30  detention programs, community service projects, and other

31

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  1  juvenile sanctions, in conjunction with the circuit plan

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

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

  4  Statutes, is amended to read:

  5         984.10  Intake.--

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

  7  preliminary determination as to whether the report or

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

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

10  a family in need of services while subject to compulsory

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

12  any case in which the representative of the department finds

13  that the report or complaint is incomplete, the representative

14  of the department shall return the report or complaint without

15  delay to the person or agency originating the report or

16  complaint or having knowledge of the facts or to the

17  appropriate law enforcement agency having investigative

18  jurisdiction and request additional information in order to

19  complete the report or complaint.

20         Section 18.  Section 985.03, Florida Statutes, is

21  amended to read:

22         985.03  Definitions.--When used in this chapter, the

23  term:

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

25  abuse service provider as defined in chapter 397.

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

27  court to determine whether or not the facts support the

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

29  s. 985.228 in delinquency cases.

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

31  child.

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  1         (4)(5)  "Arbitration" means a process whereby a neutral

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

  3  panel, considers the facts and arguments presented by the

  4  parties and renders a decision which may be binding or

  5  nonbinding.

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

  7  department means a person or agency assigned or designated by

  8  the Department of Juvenile Justice or the Department of

  9  Children and Family Services, as appropriate, to perform

10  duties or exercise powers pursuant to this chapter and

11  includes contract providers and their employees for purposes

12  of providing services to and managing cases of children in

13  need of services and families in need of services.

14         (6)(7)  "Child" or "juvenile" or "youth" means any

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

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

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

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

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

20  that person reached the age of 18 years.

21         (7)(8)  "Child eligible for an intensive residential

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

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

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

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

26  criteria:

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

28  of the disposition for the current offense and has been

29  adjudicated on the current offense for:

30         1.  Arson;

31         2.  Sexual battery;

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  1         3.  Robbery;

  2         4.  Kidnapping;

  3         5.  Aggravated child abuse;

  4         6.  Aggravated assault;

  5         7.  Aggravated stalking;

  6         8.  Murder;

  7         9.  Manslaughter;

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

  9  destructive device or bomb;

10         11.  Armed burglary;

11         12.  Aggravated battery;

12         13.  Any lewd or lascivious offense committed upon or

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

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

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

16  a felony.

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

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

19  child has previously been committed at least once to a

20  delinquency commitment program.

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

22  currently committed for a felony offense and transferred from

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

24         (8)(9)  "Child in need of services" means a child for

25  whom there is no pending investigation into an allegation or

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

27  referral alleging the child is delinquent; or no current

28  supervision by the Department of Juvenile Justice or the

29  Department of Children and Family Services for an adjudication

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

31  this chapter, be found by the court:

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

  2  parents or legal custodians despite reasonable efforts of the

  3  child, the parents or legal custodians, and appropriate

  4  agencies to remedy the conditions contributing to the

  5  behavior. Reasonable efforts shall include voluntary

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

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

  8  by the Department of Juvenile Justice or the Department of

  9  Children and Family Services;

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

11  to compulsory school attendance, despite reasonable efforts to

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

13  through voluntary participation by the child's parents or

14  legal custodians and by the child in family mediation,

15  services, and treatment offered by the Department of Juvenile

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

17         (c)  To have persistently disobeyed the reasonable and

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

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

20  parents or legal custodians and appropriate agencies to remedy

21  the conditions contributing to the behavior. Reasonable

22  efforts may include such things as good faith participation in

23  family or individual counseling.

24         (9)(10)  "Child who has been found to have committed a

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

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

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

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

29  constituting contempt of court arising out of a dependency

30  proceeding or a proceeding pursuant to part III of this

31  chapter.

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  1         (10)(11)  "Child support" means a court-ordered

  2  obligation, enforced under chapter 61 and ss.

  3  409.2551-409.2597, for monetary support for the care,

  4  maintenance, training, and education of a child.

  5         (11)(12)  "Circuit" means any of the 20 judicial

  6  circuits as set forth in s. 26.021.

  7         (12)(14)  "Comprehensive assessment" or "assessment"

  8  means the gathering of information for the evaluation of a

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

10  educational, vocational, and social condition and family

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

12  rehabilitative and treatment services, including substance

13  abuse treatment services, mental health services,

14  developmental services, literacy services, medical services,

15  family services, and other specialized services, as

16  appropriate.

17         (13)(4)  "Conditional release Aftercare" means the

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

19  released from a residential commitment program which is

20  intended to promote rehabilitation and prevent recidivism. The

21  purpose of conditional release aftercare is to protect the

22  public, reduce recidivism, increase responsible productive

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

24  from the department to the family. Conditional release

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

26  nonresidential programs, reentry services, and postcommitment

27  probation community control.

28         (14)(15)  "Court," unless otherwise expressly stated,

29  means the circuit court assigned to exercise jurisdiction

30  under this chapter.

31

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  1         (15)(16)(a)  "Delinquency program" means any intake,

  2  probation community control, or similar program; regional

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

  4  whether owned and operated by or contracted by the Department

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

  6  contracted by the Department of Juvenile Justice, which

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

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

  9  pursuant to part II.

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

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

12  staff who have direct contact with children in a delinquency

13  program.

14         (c)  "Delinquency prevention programs" means programs

15  designed for the purpose of reducing the occurrence of

16  delinquency, including youth and street gang activity, and

17  juvenile arrests. The term excludes arbitration, diversionary

18  or mediation programs, and community service work or other

19  treatment available subsequent to a child committing a

20  delinquent act.

21         (16)(17)  "Department" means the Department of Juvenile

22  Justice.

23         (17)(18)  "Designated facility" or "designated

24  treatment facility" means any facility designated by the

25  Department of Juvenile Justice to provide treatment to

26  juvenile offenders.

27         (18)(19)  "Detention care" means the temporary care of

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

29  court adjudication or disposition or execution of a court

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

31

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

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

  3  detention center or facility pending adjudication,

  4  disposition, or placement.

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

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

  7  community in a physically nonrestrictive environment under the

  8  supervision of the Department of Juvenile Justice pending

  9  adjudication, disposition, or placement.

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

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

12  parent, guardian, or custodian in a physically nonrestrictive

13  environment under the supervision of the Department of

14  Juvenile Justice staff pending adjudication, disposition, or

15  placement.

16         (19)(20)  "Detention center or facility" means a

17  facility used pending court adjudication or disposition or

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

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

20  detention center or facility may provide secure or nonsecure

21  custody. A facility used for the commitment of adjudicated

22  delinquents shall not be considered a detention center or

23  facility.

24         (20)(21)  "Detention hearing" means a hearing for the

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

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

27  delinquency cases.

28         (21)(22)  "Disposition hearing" means a hearing in

29  which the court determines the most appropriate dispositional

30  services in the least restrictive available setting provided

31  for under s. 985.231, in delinquency cases.

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

  2  Department of Juvenile Justice.

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

  4  person appointed by the Secretary of Juvenile Justice,

  5  responsible for planning, managing, and evaluating all

  6  juvenile justice continuum programs and services delivered or

  7  funded by the Department of Juvenile Justice within the

  8  district.

  9         (22)(25)  "Family" means a collective body of persons,

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

11  or adult relative, in which:

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

13  unit; or

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

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

16  court order to support or care for the child.

17         (23)(26)  "Family in need of services" means a family

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

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

20  current supervision by the Department of Juvenile Justice or

21  the Department of Children and Family Services for an

22  adjudication of dependency or delinquency. The child must also

23  have been referred to a law enforcement agency or the

24  Department of Juvenile Justice for:

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

26         (b)  Persistently disobeying reasonable and lawful

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

28  control; or

29         (c)  Habitual truancy from school.

30

31

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  1         (24)(27)  "Foster care" means care provided a child in

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

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

  4         (25)(28)  "Habitually truant" means that:

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

  6  calendar days with or without the knowledge or justifiable

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

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

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

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

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

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

13  under ss. 232.17 and 232.19 have been completed.

14

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

16  responsive to the interventions described in ss. 232.17 and

17  232.19 and has completed the necessary requirements to pass

18  the current grade as indicated in the district pupil

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

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

21  compulsory school attendance age has 15 unexcused absences

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

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

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

25  appropriate agency for evaluation.  After consulting with the

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

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

28         (c)  A school representative, designated according to

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

30  Department of Juvenile Justice have jointly investigated the

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

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  1  separate investigations to identify conditions that could be

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

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

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

  5  performed the investigations met jointly with the family and

  6  child to discuss any referral to appropriate community

  7  agencies for economic services, family or individual

  8  counseling, or other services required to remedy the

  9  conditions that are contributing to the truant behavior.

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

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

12  effort to participate, in the activities prescribed to remedy

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

14  return to school after participation in activities required by

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

16  truant behavior after the school administration and the

17  Department of Juvenile Justice have worked with the child as

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

19  232.19.

20         (26)(29)  "Halfway house" means a community-based

21  residential program for 10 or more committed delinquents at

22  the moderate-risk restrictiveness level that is operated or

23  contracted by the Department of Juvenile Justice.

24         (27)(30)  "Intake" means the initial acceptance and

25  screening by the Department of Juvenile Justice of a complaint

26  or a law enforcement report or probable cause affidavit of

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

28  services to determine the recommendation to be taken in the

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

30  The emphasis of intake is on diversion and the least

31

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  1  restrictive available services. Consequently, intake includes

  2  such alternatives as:

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

  4  probable cause affidavit without court or public agency action

  5  or judicial handling when appropriate.

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

  7  private agency when appropriate.

  8         (c)  The recommendation by the juvenile probation

  9  officer of judicial handling when appropriate and warranted.

10         (28)(31)  "Judge" means the circuit judge exercising

11  jurisdiction pursuant to this chapter.

12         (29)(32)  "Juvenile justice continuum" includes, but is

13  not limited to, delinquency prevention programs and services

14  designed for the purpose of preventing or reducing delinquent

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

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

17  who have committed delinquent acts, and children who have

18  previously been committed to residential treatment programs

19  for delinquents. The term includes

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

21  programs; conditional release aftercare and reentry services;

22  substance abuse and mental health programs; educational and

23  vocational programs; recreational programs; community services

24  programs; community service work programs; and alternative

25  dispute resolution programs serving children at risk of

26  delinquency and their families, whether offered or delivered

27  by state or local governmental entities, public or private

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

29  charitable organizations.

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

31  authorized agent of the Department of Juvenile Justice who

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  1  performs the intake or case management function for a child

  2  alleged to be delinquent.

  3         (31)(34)  "Juvenile sexual offender" means:

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

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

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

  7  847.0133;

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

  9  of law or delinquent act involving juvenile sexual abuse.

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

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

12  For purposes of this subsection, the following definitions

13  apply:

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

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

16  cooperation or compliance.

17         2.  "Equality" means two participants operating with

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

19  controlled nor coerced by the other.

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

21  following:

22         a.  Understanding what is proposed based on age,

23  maturity, developmental level, functioning, and experience.

24         b.  Knowledge of societal standards for what is being

25  proposed.

26         c.  Awareness of potential consequences and

27  alternatives.

28         d.  Assumption that agreement or disagreement will be

29  accepted equally.

30         e.  Voluntary decision.

31         f.  Mental competence.

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  1

  2  Juvenile sexual offender behavior ranges from noncontact

  3  sexual behavior such as making obscene phone calls,

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

  5  photographs to varying degrees of direct sexual contact, such

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

  7  sodomy, and various other sexually aggressive acts.

  8         (32)(35)  "Legal custody" means a legal status created

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

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

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

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

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

14  and ordinary medical, dental, psychiatric, and psychological

15  care.

16         (33)(36)  "Licensed child-caring agency" means a

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

18  Department of Children and Family Services to care for,

19  receive, and board children.

20         (34)(37)  "Licensed health care professional" means a

21  physician licensed under chapter 458, an osteopathic physician

22  licensed under chapter 459, a nurse licensed under chapter

23  464, a physician assistant licensed under chapter 458 or

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

25         (35)(38)  "Likely to injure oneself" means that, as

26  evidenced by violent or other actively self-destructive

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

28  period the child will attempt to commit suicide or inflict

29  serious bodily harm on himself or herself.

30         (36)(39)  "Likely to injure others" means that it is

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

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  1  will inflict serious and unjustified bodily harm on another

  2  person.

  3         (37)(40)  "Mediation" means a process whereby a neutral

  4  third person called a mediator acts to encourage and

  5  facilitate the resolution of a dispute between two or more

  6  parties.  It is an informal and nonadversarial process with

  7  the objective of helping the disputing parties reach a

  8  mutually acceptable and voluntary agreement.  In mediation,

  9  decisionmaking authority rests with the parties.  The role of

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

11  parties in identifying issues, fostering joint problem

12  solving, and exploring settlement alternatives.

13         (38)(41)  "Necessary medical treatment" means care

14  which is necessary within a reasonable degree of medical

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

16  or to alleviate immediate pain of a child.

17         (39)(42)  "Next of kin" means an adult relative of a

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

19  uncle, or first cousin.

20         (40)(43)  "Parent" means a woman who gives birth to a

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

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

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

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

25  individual whose parental relationship to the child has been

26  legally terminated, or an alleged or prospective parent,

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

28  39.503 or s. 63.062(1)(b).

29         (41)(44)  "Preliminary screening" means the gathering

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

31  need for further evaluation or assessment or for referral for

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  1  other substance abuse services through means such as

  2  psychosocial interviews; urine and breathalyzer screenings;

  3  and reviews of available educational, delinquency, and

  4  dependency records of the child.

  5         (42)(45)  "Preventive services" means social services

  6  and other supportive and rehabilitative services provided to

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

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

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

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

11  child in foster care.  Social services and other supportive

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

13  a safe, continuous, stable living environment and shall

14  promote family autonomy and shall strengthen family life as

15  the first priority whenever possible.

16         (43)(13)  "Probation Community control" means the legal

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

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

19  delinquent act. Probation Community control is an

20  individualized program in which the freedom of the child is

21  limited and the child is restricted to noninstitutional

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

23  commitment to the custody of the Department of Juvenile

24  Justice.

25         (44)(46)  "Relative" means a grandparent,

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

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

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

29  does not include a stepparent.

30         (45)(47)  "Restrictiveness level" means the level of

31  custody provided by programs that service the custody and care

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  1  needs of committed children. There shall be five

  2  restrictiveness levels:

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

  4  classified for placement in programs at this restrictiveness

  5  level represent a minimum risk to themselves and public safety

  6  and do not require placement and services in residential

  7  settings. Programs or program models in this restrictiveness

  8  level include: community counselor supervision programs,

  9  special intensive group programs, nonresidential marine

10  programs, nonresidential training and rehabilitation centers,

11  and other local community nonresidential programs, including

12  any nonresidential program or supervision program that is used

13  for conditional release aftercare placement.

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

15  classified for placement in programs at this level represent a

16  low risk to themselves and public safety and do require

17  placement and services in residential settings. Programs or

18  program models in this restrictiveness level include: Short

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

20  group homes, proctor homes, and Short Term Environmental

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

22  in programs in this restrictiveness level.

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

24  classified for placement in programs in this restrictiveness

25  level represent a moderate risk to public safety.  Programs

26  are designed for children who require close supervision but do

27  not need placement in facilities that are physically secure.

28  Programs in the moderate-risk residential restrictiveness

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

30  treatment.  Upon specific appropriation, a facility at this

31  restrictiveness level may have a security fence around the

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  1  perimeter of the grounds of the facility and may be

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

  3  this restrictiveness level may seclude a child who is a

  4  physical threat to himself or herself or others.  Mechanical

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

  6  models in this restrictiveness level include: halfway houses,

  7  START Centers, the Dade Intensive Control Program, licensed

  8  substance abuse residential programs, and moderate-term

  9  wilderness programs designed for committed delinquent youth

10  that are operated or contracted by the Department of Juvenile

11  Justice.  Section 985.3141 applies to children placed in

12  programs in this restrictiveness level.

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

14  classified for this level of placement require close

15  supervision in a structured residential setting that provides

16  24-hour-per-day secure custody, care, and supervision.

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

18  for public safety that outweighs placement in programs at

19  lower restrictiveness levels. Programs or program models in

20  this level are staff-secure or physically secure residential

21  commitment facilities and include: training schools, intensive

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

23  wilderness programs designed exclusively for committed

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

25  and the Broward Control Treatment Center. Section 985.3141

26  applies to children placed in programs in this restrictiveness

27  level.

28         (e)  Juvenile correctional facilities or juvenile

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

30  placement require close supervision in a maximum security

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

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

  2  level is prompted by a demonstrated need to protect the

  3  public. Programs or program models in this level are

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

  5  facilities that are intended to provide a moderate overlay of

  6  educational, vocational, and behavioral-modification services

  7  and other maximum-security program models authorized by the

  8  Legislature and established by rule.  Section 985.3141 applies

  9  to children placed in programs in this restrictiveness level.

10         (46)(48)  "Secure detention center or facility" means a

11  physically restricting facility for the temporary care of

12  children, pending adjudication, disposition, or placement.

13         (47)(49)  "Serious or habitual juvenile offender," for

14  purposes of commitment to a residential facility and for

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

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

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

18  least one of the following criteria:

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

20  of the disposition for the current offense and has been

21  adjudicated on the current offense for:

22         1.  Arson;

23         2.  Sexual battery;

24         3.  Robbery;

25         4.  Kidnapping;

26         5.  Aggravated child abuse;

27         6.  Aggravated assault;

28         7.  Aggravated stalking;

29         8.  Murder;

30         9.  Manslaughter;

31

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

  2  destructive device or bomb;

  3         11.  Armed burglary;

  4         12.  Aggravated battery;

  5         13.  Any lewd or lascivious offense committed upon or

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

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

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

  9  a felony.

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

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

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

13  delinquency commitment program.

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

15  currently committed for a felony offense and transferred from

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

17         (48)(50)  "Serious or habitual juvenile offender

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

19         (49)(51)  "Shelter" means a place for the temporary

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

21  be delinquent.

22         (50)(52)  "Shelter hearing" means a hearing provided

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

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

25         (51)(53)  "Staff-secure shelter" means a facility in

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

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

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

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

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

31  Family Services is unable to properly assess or place for

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  1  assistance within the continuum of services provided for

  2  dependent children.

  3         (52)(54)  "Substance abuse" means using, without

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

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

  6  resulting in dysfunctional social behavior.

  7         (53)(55)  "Taken into custody" means the status of a

  8  child immediately when temporary physical control over the

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

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

11  authorized by law.

12         (54)(56)  "Temporary legal custody" means the

13  relationship that a juvenile court creates between a child and

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

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

16  is ordered. Temporary legal custody confers upon the custodian

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

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

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

20  and ordinary medical, dental, psychiatric, and psychological

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

22  limited by the court order establishing the temporary legal

23  custody relationship.

24         (55)(57)  "Temporary release" means the terms and

25  conditions under which a child is temporarily released from a

26  commitment facility or allowed home visits. If the temporary

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

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

29  facility, the terms and conditions of the temporary release

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

31  The term includes periods during which the child is supervised

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  1  pursuant to a conditional release reentry program or an

  2  aftercare program or a period during which the child is

  3  supervised by a juvenile probation officer or other

  4  nonresidential staff of the department or staff employed by an

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

  6  postcommitment supervision program by order of the court is

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

  8  to the terms and conditions of temporary release.

  9         (56)(58)  "Training school" means one of the following

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

11  Development Center.

12         (57)(59)  "Violation of law" or "delinquent act" means

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

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

15  violation of a county or municipal ordinance which would be

16  punishable by incarceration if the violation were committed by

17  an adult.

18         (58)(60)  "Waiver hearing" means a hearing provided for

19  under s. 985.226(3).

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

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

22  Statutes, are amended to read:

23         985.04  Oaths; records; confidential information.--

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

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

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

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

28  of Juvenile Justice, the Parole Commission, the Juvenile

29  Justice Advisory Accountability Board, the Department of

30  Corrections, the district juvenile justice circuit boards, any

31  law enforcement agent, or any licensed professional or

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  1  licensed community agency representative participating in the

  2  assessment or treatment of a juvenile is confidential and may

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

  4  the Department of Juvenile Justice and its designees, the

  5  Department of Corrections, the Parole Commission, the Juvenile

  6  Justice Advisory Accountability Board, law enforcement agents,

  7  school superintendents and their designees, any licensed

  8  professional or licensed community agency representative

  9  participating in the assessment or treatment of a juvenile,

10  and others entitled under this chapter to receive that

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

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

13  superintendent, and the department shall enter into an

14  interagency agreement for the purpose of sharing information

15  about juvenile offenders among all parties. The agreement must

16  specify the conditions under which summary criminal history

17  information is to be made available to appropriate school

18  personnel, and the conditions under which school records are

19  to be made available to appropriate department personnel. Such

20  agreement shall require notification to any classroom teacher

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

22  been placed in a probation community control or commitment

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

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

25  confidentiality of information that is otherwise exempt from

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

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

28  Juvenile Justice regarding children are not open to inspection

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

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

31  agent by persons who have sufficient reason and upon such

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  1  conditions for their use and disposition as the secretary or

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

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

  4  Department of Juvenile Justice who have a need therefor in

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

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

  7  upon request, to the Juvenile Justice Advisory Accountability

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

  9  or her authorized agent may permit properly qualified persons

10  to inspect and make abstracts from records for statistical

11  purposes under whatever conditions upon their use and

12  disposition the secretary or his or her authorized agent deems

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

14  names and other identifying information will not be disclosed

15  by the applicant.

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

17  Statutes, is amended to read:

18         985.06  Statewide information-sharing system;

19  interagency workgroup.--

20         (2)  The interagency workgroup shall be coordinated

21  through the Department of Education and shall include

22  representatives from the state agencies specified in

23  subsection (1), school superintendents, school district

24  information system directors, principals, teachers, juvenile

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

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

27  providers of juvenile services including a provider from a

28  juvenile substance abuse program, and circuit district

29  juvenile justice managers.

30         Section 21.  Section 985.2066, Florida Statutes, is

31  amended to read:

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  1         985.2066  Children locked out of the home; interagency

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

  3  Department of Children and Family Services shall encourage

  4  interagency cooperation within each circuit district and shall

  5  develop comprehensive agreements between the staff and

  6  providers for each department in order to coordinate the

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

  8  and the families of those children.

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

10  985.207, Florida Statutes, is amended to read:

11         985.207  Taking a child into custody.--

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

13  following circumstances:

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

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

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

17  detention, or conditional release aftercare supervision or has

18  absconded from commitment.

19

20  Nothing in this subsection shall be construed to allow the

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

22  in s. 985.215.

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

24  of section 985.215, are amended to read:

25         985.215  Detention.--

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

27  child taken into custody and placed into nonsecure or home

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

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

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

31  absconder from a commitment program, a probation community

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  1  control program, furlough, or conditional release aftercare

  2  supervision, or is alleged to have escaped while being

  3  lawfully transported to or from such program or supervision.

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

  5  conditions of the child's probation community control or

  6  conditional release aftercare supervision. However, a child

  7  detained under this paragraph may be held only in a

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

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

10  on home detention with electronic monitoring.

11

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

13  be detained pursuant to this subsection shall be given a

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

15  purpose of the detention hearing is to determine the existence

16  of probable cause that the child has committed the delinquent

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

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

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

20  the results of the risk assessment performed by the juvenile

21  probation officer and, based on the criteria in this

22  subsection, shall determine the need for continued detention.

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

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

25  subsection. If the court orders a placement more restrictive

26  than indicated by the results of the risk assessment

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

28  convincing reasons for such placement. Except as provided in

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

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

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

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  1  respite home or other placement pursuant to a court order

  2  following a hearing, the court order must include specific

  3  instructions that direct the release of the child from such

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

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

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

  7  unless the requirements of such applicable provision have been

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

  9  paragraph (5)(d).

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

11  Statutes, is amended to read:

12         985.216  Punishment for contempt of court; alternative

13  sanctions.--

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

15  created the position of alternative sanctions coordinator

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

17  alternative sanctions coordinator shall serve under the

18  direction of the chief administrative judge of the juvenile

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

20  alternative sanctions coordinator shall act as the liaison

21  between the judiciary, and county juvenile justice councils,

22  the local department officials, district school board

23  employees, and local law enforcement agencies. The alternative

24  sanctions coordinator shall coordinate within the circuit

25  community-based alternative sanctions, including nonsecure

26  detention programs, community service projects, and other

27  juvenile sanctions, in conjunction with the circuit plan

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

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

30  985.226, Florida Statutes, is amended to read:

31

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  1         985.226  Criteria for waiver of juvenile court

  2  jurisdiction; hearing on motion to transfer for prosecution as

  3  an adult.--

  4         (3)  WAIVER HEARING.--

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

  6  request motions for the purpose of determining whether a child

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

  8  shall consider:

  9         1.  The seriousness of the alleged offense to the

10  community and whether the protection of the community is best

11  served by transferring the child for adult sanctions.

12         2.  Whether the alleged offense was committed in an

13  aggressive, violent, premeditated, or willful manner.

14         3.  Whether the alleged offense was against persons or

15  against property, greater weight being given to offenses

16  against persons, especially if personal injury resulted.

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

18  affidavit, or complaint.

19         5.  The desirability of trial and disposition of the

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

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

22  adults.

23         6.  The sophistication and maturity of the child.

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

25  including:

26         a.  Previous contacts with the department, the

27  Department of Corrections, the former Department of Health and

28  Rehabilitative Services, the Department of Children and Family

29  Services, other law enforcement agencies, and courts;

30         b.  Prior periods of probation or community control;

31

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  1         c.  Prior adjudications that the child committed a

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

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

  4  committed a delinquent act or violation of law involving an

  5  offense classified as a felony or has twice previously been

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

  7  involving an offense classified as a misdemeanor; and

  8         d.  Prior commitments to institutions.

  9         8.  The prospects for adequate protection of the public

10  and the likelihood of reasonable rehabilitation of the child,

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

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

13  available to the court.

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

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

16  amended to read:

17         985.227  Prosecution of juveniles as adults by the

18  direct filing of an information in the criminal division of

19  the circuit court; discretionary criteria; mandatory

20  criteria.--

21         (2)  MANDATORY DIRECT FILE.--

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

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

24  state attorney must file an information with respect to any

25  child who previously has been adjudicated for offenses which,

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

27  adjudications occurred at three or more separate delinquency

28  adjudicatory hearings, and three of which resulted in

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

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

31  attorney shall develop written policies and guidelines to

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  1  govern determinations for filing an information on a juvenile,

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

  3  President of the Senate, the Speaker of the House of

  4  Representatives, and the Juvenile Justice Advisory

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

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

  7  Statutes, is amended to read:

  8         985.228  Adjudicatory hearings; withheld adjudications;

  9  orders of adjudication.--

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

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

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

13  upon which its finding is based but withholding adjudication

14  of delinquency and placing the child in a probation community

15  control program under the supervision of the department or

16  under the supervision of any other person or agency

17  specifically authorized and appointed by the court. The court

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

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

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

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

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

23  rehabilitative component a requirement of participation in

24  substance abuse treatment, or school or other educational

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

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

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

28  to establish the lack of compliance, but without further

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

30  delinquency and shall thereafter have full authority under

31  this chapter to deal with the child as adjudicated.

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

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

  3  985.23, Florida Statutes, are amended to read:

  4         985.23  Disposition hearings in delinquency

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

  6  delinquent act, the following procedures shall be applicable

  7  to the disposition of the case:

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

  9  a determination of the suitability or nonsuitability for

10  adjudication and commitment of the child to the department.

11  This determination shall be based upon the predisposition

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

13  multidisciplinary assessment, classification, and placement

14  process components or separately, evaluation of the following

15  criteria:

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

17  child, including without limitations:

18         1.  Previous contacts with the department, the former

19  Department of Health and Rehabilitative Services, the

20  Department of Children and Family Services, the Department of

21  Corrections, other law enforcement agencies, and courts;

22         2.  Prior periods of probation or community control;

23         3.  Prior adjudications of delinquency; and

24         4.  Prior commitments to institutions.

25         (3)

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

27  placed in a probation community control program following the

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

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

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

31  release from commitment.

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

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

  3  community-based sanctions it will impose in a probation

  4  community control program for the child.  Community-based

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

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

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

  8  the child, community service, and appropriate educational

  9  programs as determined by the district school board.

10         (5)  After appropriate sanctions for the offense are

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

12  of probation community control which will contain rules,

13  requirements, conditions, and rehabilitative programs that are

14  designed to encourage responsible and acceptable behavior and

15  to promote both the rehabilitation of the child and the

16  protection of the community.

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

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

19  are amended to read:

20         985.231  Powers of disposition in delinquency cases.--

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

22  adjudicated delinquent child may, by an order stating the

23  facts upon which a determination of a sanction and

24  rehabilitative program was made at the disposition hearing:

25         1.  Place the child in a probation community control

26  program or a postcommitment probation community control

27  program under the supervision of an authorized agent of the

28  Department of Juvenile Justice or of any other person or

29  agency specifically authorized and appointed by the court,

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

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

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  1  reasonable conditions as the court may direct. A probation

  2  community control program for an adjudicated delinquent child

  3  must include a penalty component such as restitution in money

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

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

  6  nonresidential punishment appropriate to the offense and must

  7  also include a rehabilitative program component such as a

  8  requirement of participation in substance abuse treatment or

  9  in school or other educational program. Upon the

10  recommendation of the department at the time of disposition,

11  or subsequent to disposition pursuant to the filing of a

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

13  postcommitment probation community control or conditional

14  release aftercare supervision, the court may order the child

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

16  monitoring the use of alcohol or controlled substances.

17         a.  A restrictiveness level classification scale for

18  levels of supervision shall be provided by the department,

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

20  probation community control supervision requirements to

21  reasonably ensure the public safety. Probation Community

22  control programs for children shall be supervised by the

23  department or by any other person or agency specifically

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

25  not limited to, structured or restricted activities as

26  described in this subparagraph, and shall be designed to

27  encourage the child toward acceptable and functional social

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

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

30  program must be consistent with any treatment and

31  rehabilitation needs identified for the child and may not

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

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

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

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

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

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

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

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

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

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

11  liability, unless otherwise provided by law.

12         b.  The court may conduct judicial review hearings for

13  a child placed on probation community control for the purpose

14  of fostering accountability to the judge and compliance with

15  other requirements, such as restitution and community service.

16  The court may allow early termination of probation community

17  control for a child who has substantially complied with the

18  terms and conditions of probation community control.

19         c.  If the conditions of the probation community

20  control program or the postcommitment probation community

21  control program are violated, the department or the state

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

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

24  the conditions of probation community control or

25  postcommitment probation community control must be brought

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

27  custody under s. 985.207 for violating the conditions of

28  probation community control or postcommitment probation

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

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

31  within 24 hours after being taken into custody to determine

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  1  the existence of probable cause that the child violated the

  2  conditions of probation community control or postcommitment

  3  probation community control. A consequence unit is a secure

  4  facility specifically designated by the department for

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

  6  violating probation community control or postcommitment

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

  8  court to have violated the conditions of probation community

  9  control or postcommitment probation community control. If the

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

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

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

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

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

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

16  violating the conditions of probation community control or

17  postcommitment probation community control, the court shall

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

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

20  hearing that the child has violated the conditions of

21  probation community control or postcommitment probation

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

23  modifying, or continuing probation community control or

24  postcommitment probation community control. In each such case,

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

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

27  sanction the court could have imposed at the original

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

29  the conditions of probation community control or

30  postcommitment probation community control, the court may:

31

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

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

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

  4  violation.

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

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

  7  residential consequence unit is not available.

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

  9  community control program or postcommitment probation

10  community control program.

11         (IV)  Revoke probation community control or

12  postcommitment probation community control and commit the

13  child to the department.

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

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

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

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

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

19  motion.

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

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

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

23  center or facility or shelter.

24         3.  Commit the child to the Department of Juvenile

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

26  commitment must be for the purpose of exercising active

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

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

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

30  postcommitment nonresidential conditional release aftercare

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

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  1  release aftercare program, the department may use the transfer

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

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

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

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

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

  7  child.

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

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

10  child, to render community service in a public service

11  program.

12         6.  As part of the probation community control program

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

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

15  community-based sanctions ordered by the court at the

16  disposition hearing or before the child's release from

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

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

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

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

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

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

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

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

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

26  receiving and dispensing restitution payments. The clerk shall

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

28  shall take any further action that is necessary against the

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

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

31  diligent and good faith efforts to prevent the child from

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  1  engaging in delinquent acts absolves the parent or guardian of

  2  liability for restitution under this subparagraph.

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

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

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

  6  an alternative to monetary restitution or as part of the

  7  rehabilitative or probation community control program.

  8         8.  Commit the child to the Department of Juvenile

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

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

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

12  habitual juvenile offenders must be for an indeterminate

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

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

15  The court may retain jurisdiction over such child until the

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

17  the child completing the program.

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

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

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

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

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

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

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

25  shall determine a reasonable amount or manner of restitution,

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

27  provided in subparagraph 6.

28         10.  Subject to specific appropriation, commit the

29  juvenile sexual offender to the Department of Juvenile Justice

30  for placement in a program or facility for juvenile sexual

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

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  1  juvenile sexual offender to a program or facility for juvenile

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

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

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

  5  retain jurisdiction over a juvenile sexual offender until the

  6  juvenile sexual offender reaches the age of 21, specifically

  7  for the purpose of completing the program.

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

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

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

11  municipal, or community service organization supervised work

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

13  monetary restitution or as a part of the rehabilitative or

14  probation community control program, the child is an employee

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

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

17  specific funding program, all remuneration received from the

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

19  benefits otherwise payable under s. 440.15, regardless of

20  whether the child may be receiving wages and remuneration from

21  other employment with another employer and regardless of the

22  child's future wage-earning capacity.

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

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

25  disposition of commitment, suspend the further execution of

26  the disposition and place the child on probation in a

27  probation community control program upon such terms and

28  conditions as the court may require. The department shall

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

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

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

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  1         (2)  Following a delinquency adjudicatory hearing

  2  pursuant to s. 985.228 and a delinquency disposition hearing

  3  pursuant to s. 985.23 which results in a commitment

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

  5  the state or the department, determine whether the protection

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

  7  for serious or habitual juvenile offenders and whether the

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

  9  program for serious or habitual juvenile offenders as provided

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

11  985.03(47)(49) and 985.23(3).

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

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

14  amended to read:

15         985.233  Sentencing powers; procedures; alternatives

16  for juveniles prosecuted as adults.--

17         (1)  POWERS OF DISPOSITION.--

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

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

20  committed to the department for treatment in an appropriate

21  program for children outside the adult correctional system or

22  be placed on juvenile probation in a community control program

23  for juveniles.

24         (b)  In determining whether to impose juvenile

25  sanctions instead of adult sanctions, the court shall consider

26  the following criteria:

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

28  whether the community would best be protected by juvenile or

29  adult sanctions.

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

31  violent, premeditated, or willful manner.

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  1         3.  Whether the offense was against persons or against

  2  property, with greater weight being given to offenses against

  3  persons, especially if personal injury resulted.

  4         4.  The sophistication and maturity of the offender.

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

  6  including:

  7         a.  Previous contacts with the Department of

  8  Corrections, the Department of Juvenile Justice, the former

  9  Department of Health and Rehabilitative Services, the

10  Department of Children and Family Services, law enforcement

11  agencies, and the courts.

12         b.  Prior periods of probation or community control.

13         c.  Prior adjudications that the offender committed a

14  delinquent act or violation of law as a child.

15         d.  Prior commitments to the Department of Juvenile

16  Justice, the former Department of Health and Rehabilitative

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

18  other facilities or institutions.

19         6.  The prospects for adequate protection of the public

20  and the likelihood of deterrence and reasonable rehabilitation

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

22  Department of Juvenile Justice.

23         7.  Whether the Department of Juvenile Justice has

24  appropriate programs, facilities, and services immediately

25  available.

26         8.  Whether adult sanctions would provide more

27  appropriate punishment and deterrence to further violations of

28  law than the imposition of juvenile sanctions.

29         (4)  SENTENCING ALTERNATIVES.--

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

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

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  1  instead shall adjudge the child to have committed a delinquent

  2  act. Adjudication of delinquency shall not be deemed a

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

  4  disabilities ordinarily resulting from a conviction. The court

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

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

  7  punishments. An adult sanction or a juvenile sanction may

  8  include enforcement of an order of restitution or probation

  9  community control previously ordered in any juvenile

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

11  and the department determines that the sanction is unsuitable

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

13  child to the sentencing court for further proceedings,

14  including the imposition of adult sanctions. Upon adjudicating

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

16         1.  Place the child in a probation community control

17  program under the supervision of the department for an

18  indeterminate period of time until the child reaches the age

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

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

21  an appropriate program for children for an indeterminate

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

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

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

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

26  department's notice shall be considered approval for

27  discharge.

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

29  alternative to youthful offender or adult sentencing if the

30  court determines not to impose youthful offender or adult

31  sanctions.

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  1         (c)  Imposition of adult sanctions upon failure of

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

  3  juvenile probation to a community control program or for a

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

  5  the court may revoke the previous adjudication, impose an

  6  adjudication of guilt, classify the child as a youthful

  7  offender when appropriate, and impose any sentence which it

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

  9  child in the department.

10

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

12  guidelines in this subsection are mandatory and that a

13  determination of disposition under this subsection is subject

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

15  985.234.

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

17  985.305, Florida Statutes, are amended to read:

18         985.305  Early delinquency intervention program;

19  criteria.--

20         (2)  The early delinquency intervention program shall

21  consist of intensive residential treatment in a secure

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

23  conditional release aftercare.  An early delinquency

24  intervention program facility shall be designed to accommodate

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

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

27  maximum if the additional children have previously been

28  released from the residential portion of the program and are

29  later found to need additional residential treatment.

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

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

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

  2  the local operating circuit service district office of the

  3  Department of Juvenile Justice. Upon receiving the second

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

  5  which the program is located, the Department of Juvenile

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

  7  social and educational history to determine the likelihood of

  8  further significant delinquent behavior. In making this

  9  determination, the Department of Juvenile Justice shall

10  consider, without limitation, the following factors:

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

12  or a child in need of services.

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

14  and developmental level of the child.

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

16  attendance, school achievements, grade level, and involvement

17  in school-sponsored activities.

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

19  relationships.

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

21  behavioral problems.

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

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

24  family-centered intervention program.

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

26  criminal activity.

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

28  home.

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

30  and the child and any siblings and the child.

31

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

  2  985.308, Florida Statutes, are amended to read:

  3         985.308  Juvenile sexual offender commitment programs;

  4  sexual abuse intervention networks.--

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

  6  the department shall provide an intensive conditional release

  7  aftercare component for monitoring and assisting the

  8  transition of a juvenile sexual offender into the community

  9  with terms and conditions that which may include electronic

10  monitoring of the juvenile sexual offender.

11         (7)  The department may contract with private

12  organizations for the operation of a juvenile sexual offender

13  program and conditional release aftercare.

14         (14)  Subject to specific appropriation, availability

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

16  the Attorney General, the Department of Children and Family

17  Services, the Department of Juvenile Justice, or local

18  juvenile justice councils shall award grants to sexual abuse

19  intervention networks that apply for such grants. The grants

20  may be used for training, treatment, conditional release

21  aftercare, evaluation, public awareness, and other specified

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

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

24  funding, level of collaboration, number of juvenile sexual

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

26  level of unmet needs.

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

28  985.309, Florida Statutes, are amended to read:

29         985.309  Boot camp for children.--

30

31

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

  2  or a municipality must provide for the following minimum

  3  periods of participation:

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

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

  6  program and 2 months in aftercare. Conditional release

  7  assessment and services shall be provided in accordance with

  8  s. 985.316.

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

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

11  component of the program and 4 months in aftercare.

12  Conditional release assessment and services shall be provided

13  in accordance with s. 985.316.

14

15  This subsection does not preclude the operation of a program

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

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

18  participants to complete two sequential programs of 4 months

19  each in the boot camp component of the program.

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

21  organizations for the operation of its boot camp program and

22  conditional release aftercare.

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

24  organizations for the operation of its boot camp program and

25  conditional release aftercare.

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

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

28  985.31, Florida Statutes, are amended to read:

29         985.31  Serious or habitual juvenile offender.--

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

31

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

  2  offender program. The program shall consist of at least

  3  combine 9 to 12 months of intensive secure residential

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

  5  Conditional release assessment and services shall be provided

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

  7  shall include, but not be limited to:

  8         1.  Diagnostic evaluation services.

  9         2.  Appropriate treatment modalities, including

10  substance abuse intervention, mental health services, and

11  sexual behavior dysfunction interventions and gang-related

12  behavior interventions.

13         3.  Prevocational and vocational services.

14         4.  Job training, job placement, and

15  employability-skills training.

16         5.  Case management services.

17         6.  Educational services, including special education

18  and pre-GED literacy.

19         7.  Self-sufficiency planning.

20         8.  Independent living skills.

21         9.  Parenting skills.

22         10.  Recreational and leisure time activities.

23         11.  Community involvement opportunities commencing,

24  where appropriate, with the direct and timely payment of

25  restitution to the victim.

26         12.  Intensive conditional release supervision

27  aftercare.

28         13.  Graduated reentry into the community.

29         14.  A diversity of forms of individual and family

30  treatment appropriate to and consistent with the child's

31  needs.

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  1         15.  Consistent and clear consequences for misconduct.

  2         (b)  The department is authorized to contract with

  3  private companies to provide some or all of the components

  4  indicated in paragraph (a).

  5         (c)  The department shall involve local law enforcement

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

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

  8  community service agencies interested in or currently working

  9  with juveniles, in planning and developing this program.

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

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

12  used for the purposes of this section.

13         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

14  TREATMENT.--

15         (e)  After a child has been adjudicated delinquent

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

17  child meets the criteria for a serious or habitual juvenile

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

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

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

21         (j)  The following provisions shall apply to children

22  in serious or habitual juvenile offender programs and

23  facilities:

24         1.  A child shall begin participation in the

25  conditional release reentry component of the program based

26  upon a determination made by the treatment provider and

27  approved by the department.

28         2.  A child shall begin participation in the community

29  supervision component of conditional release aftercare based

30  upon a determination made by the treatment provider and

31  approved by the department.  The treatment provider shall give

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  1  written notice of the determination to the circuit court

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

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

  4  shall begin the conditional release aftercare component.

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

  6  upon a determination made by the treatment provider with the

  7  approval of the department.

  8         4.  In situations where the department does not agree

  9  with the decision of the treatment provider, a reassessment

10  shall be performed, and the department shall utilize the

11  reassessment determination to resolve the disagreement and

12  make a final decision.

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

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

15  department shall implement the comprehensive assessment

16  instrument for the treatment needs of serious or habitual

17  juvenile offenders and for the assessment, which assessment

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

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

20  child's:

21         1.  Amenability to treatment.

22         2.  Proclivity toward violence.

23         3.  Tendency toward gang involvement.

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

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

26  abuse, or indication of sexual behavior dysfunction.

27         6.  Number and type of previous adjudications, findings

28  of guilt, and convictions.

29         7.  Potential for rehabilitation.

30

31

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

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

  3  985.311, Florida Statutes, are amended to read:

  4         985.311  Intensive residential treatment program for

  5  offenders less than 13 years of age.--

  6         (2)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR

  7  OFFENDERS LESS THAN 13 YEARS OF AGE.--

  8         (a)  There is created the intensive residential

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

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

11  of intensive secure residential treatment followed by a

12  minimum of 9 months of aftercare. Conditional release

13  assessment and services shall be provided in accordance with

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

15  not be limited to:

16         1.  Diagnostic evaluation services.

17         2.  Appropriate treatment modalities, including

18  substance abuse intervention, mental health services, and

19  sexual behavior dysfunction interventions and gang-related

20  behavior interventions.

21         3.  Life skills.

22         4.  Values clarification.

23         5.  Case management services.

24         6.  Educational services, including special and

25  remedial education.

26         7.  Recreational and leisure time activities.

27         8.  Community involvement opportunities commencing,

28  where appropriate, with the direct and timely payment of

29  restitution to the victim.

30         9.  Intensive conditional release supervision

31  aftercare.

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  1         10.  Graduated reentry into the community.

  2         11.  A diversity of forms of individual and family

  3  treatment appropriate to and consistent with the child's

  4  needs.

  5         12.  Consistent and clear consequences for misconduct.

  6         (b)  The department is authorized to contract with

  7  private companies to provide some or all of the components

  8  indicated in paragraph (a).

  9         (c)  The department shall involve local law enforcement

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

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

12  community service agencies interested in or currently working

13  with juveniles, in planning and developing this program.

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

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

16  used for the purposes of this section.

17         (e)  The department shall establish quality assurance

18  standards to ensure the quality and substance of mental health

19  services provided to children with mental, nervous, or

20  emotional disorders who may be committed to intensive

21  residential treatment programs.  The quality assurance

22  standards shall address the possession of credentials by the

23  mental health service providers.

24         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

25  TREATMENT.--

26         (e)  After a child has been adjudicated delinquent

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

28  the child is eligible for an intensive residential treatment

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

30  985.03(7)(8).  If the court determines that the child does not

31

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

  2  apply.

  3         (j)  The following provisions shall apply to children

  4  in an intensive residential treatment program for offenders

  5  less than 13 years of age:

  6         1.  A child shall begin participation in the

  7  conditional release reentry component of the program based

  8  upon a determination made by the treatment provider and

  9  approved by the department.

10         2.  A child shall begin participation in the community

11  supervision component of conditional release aftercare based

12  upon a determination made by the treatment provider and

13  approved by the department.  The treatment provider shall give

14  written notice of the determination to the circuit court

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

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

17  shall begin the conditional release aftercare component.

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

19  upon a determination made by the treatment provider with the

20  approval of the department.

21         4.  In situations where the department does not agree

22  with the decision of the treatment provider, a reassessment

23  shall be performed, and the department shall utilize the

24  reassessment determination to resolve the disagreement and

25  make a final decision.

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

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

28  department shall implement the comprehensive assessment

29  instrument for the treatment needs of children who are

30  eligible for an intensive residential treatment program for

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

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  1  which assessment shall include the criteria under s.

  2  985.03(7)(8) and shall also include, but not be limited to,

  3  evaluation of the child's:

  4         1.  Amenability to treatment.

  5         2.  Proclivity toward violence.

  6         3.  Tendency toward gang involvement.

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

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

  9  abuse, or indication of sexual behavior dysfunction.

10         6.  Number and type of previous adjudications, findings

11  of guilt, and convictions.

12         7.  Potential for rehabilitation.

13         Section 36.  Section 985.312, Florida Statutes, is

14  amended to read:

15         985.312  Intensive residential treatment programs for

16  offenders less than 13 years of age; prerequisite for

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

18  intensive residential treatment program for offenders less

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

20  committed to any intensive residential treatment program for

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

22  985.311, unless such program has been established by the

23  department through existing resources or specific

24  appropriation, for such program.

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

26  Florida Statutes, is amended to read:

27         985.3141  Escapes from secure detention or residential

28  commitment facility.--An escape from:

29         (2)  Any residential commitment facility described in

30  s. 985.03(45)(47), maintained for the custody, treatment,

31

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  1  punishment, or rehabilitation of children found to have

  2  committed delinquent acts or violations of law; or

  3         Section 38.  Subsection (6) of section 985.315, Florida

  4  Statutes, is amended to read:

  5         985.315  Educational/technical and vocational

  6  work-related programs.--

  7         (6)  The Juvenile Justice Advisory Accountability Board

  8  shall conduct a study regarding the types of effective

  9  juvenile vocational and work programs in operation across the

10  country, relevant research on what makes programs effective,

11  the key ingredients of effective juvenile vocational and work

12  programs, and the status of such programs in juvenile

13  facilities across the state.  The board shall report its

14  findings and make recommendations on how to expand and improve

15  these programs no later than January 31, 2000, to the

16  President of the Senate, the Speaker of the House of

17  Representatives, and the Secretary of Juvenile Justice.

18         Section 39.  Section 985.316, Florida Statutes, is

19  amended to read:

20         985.316  Conditional release Aftercare.--

21         (1)  The Legislature finds that:

22         (a)  Conditional release Aftercare is the care,

23  treatment, help, and supervision provided juveniles released

24  from residential commitment programs to promote rehabilitation

25  and prevent recidivism.

26         (b)  Conditional release Aftercare services can

27  contribute significantly to a successful transition of a

28  juvenile from a residential commitment to the juvenile's home,

29  school, and community. Therefore, the best efforts should be

30  made to provide for a successful transition.

31

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  1         (c)  The purpose of conditional release aftercare is to

  2  protect safety; reduce recidivism; increase responsible

  3  productive behaviors; and provide for a successful transition

  4  of care and custody of the youth from the state to the family.

  5         (d)  Accordingly, conditional release aftercare should

  6  be included in the continuum of care.

  7         (2)  It is the intent of the Legislature that:

  8         (a)  Commitment programs include rehabilitative efforts

  9  on preparing committed juveniles for a successful release to

10  the community.

11         (b)  Conditional release Aftercare transition planning

12  begins as early in the commitment process as possible.

13         (c)  Each juvenile committed to a residential

14  commitment program be assessed to determine the need for

15  conditional release aftercare services upon release from the

16  commitment program.

17         (3)  For juveniles referred or committed to the

18  department, the function of the department may include, but

19  shall not be limited to, assessing each committed juvenile to

20  determine the need for conditional release aftercare services

21  upon release from a commitment program, supervising the

22  juvenile when released into the community from a residential

23  commitment facility of the department, providing such

24  counseling and other services as may be necessary for the

25  families and assisting their preparations for the return of

26  the child. Subject to specific appropriation, the department

27  shall provide for outpatient sexual offender counseling for

28  any juvenile sexual offender released from a commitment

29  program as a component of conditional release aftercare.

30         (4)  After a youth is released from a residential

31  commitment program, conditional release aftercare services may

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  1  be delivered through either minimum-risk nonresidential

  2  commitment restrictiveness programs or postcommitment

  3  probation community control. A juvenile under minimum-risk

  4  nonresidential commitment placement will continue to be on

  5  commitment status and subject to the transfer provision under

  6  s. 985.404. A juvenile on postcommitment probation community

  7  control will be subject to the provisions under s.

  8  985.231(1)(a).

  9         Section 40.  Subsection (5) of section 985.317, Florida

10  Statutes, is amended to read:

11         985.317  Literacy programs for juvenile offenders.--

12         (5)  EVALUATION AND REPORT.--The Juvenile Justice

13  Advisory Accountability Board shall evaluate the literacy

14  program outcomes as part of its annual evaluation of program

15  outcomes under s. 985.401. The department, in consultation

16  with the Department of Education, shall develop and implement

17  an evaluation of the program in order to determine the impact

18  of the programs on recidivism. The department shall submit an

19  annual report on the implementation and progress of the

20  programs to the President of the Senate and the Speaker of the

21  House of Representatives by January 1 of each year.

22         Section 41.  Section 985.401, Florida Statutes, is

23  amended to read:

24         985.401  Juvenile Justice Advisory Accountability

25  Board.--

26         (1)  The Juvenile Justice Advisory Accountability Board

27  shall be composed of seven members appointed by the Governor.

28  Members of the board shall have direct experience and a strong

29  interest in juvenile justice issues.

30         (2)(a)  A full term shall be 3 years, and the term for

31  each seat on the board commences on October 1 and expires on

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  1  September 30, without regard to the date of appointment.  Each

  2  appointing authority shall appoint a member to fill one of the

  3  three vacancies that occurs with the expiration of terms on

  4  September 30 of each year. A member is not eligible for

  5  appointment to more than two full, consecutive terms. A

  6  vacancy on the board shall be filled within 60 days after the

  7  date on which the vacancy occurs.  The Governor shall make the

  8  appointment to fill a vacancy that occurs for any reason other

  9  than the expiration of a term, and the appointment shall be

10  for the remainder of the unexpired term. For the purpose of

11  implementing the provisions of this paragraph, vacancies that

12  occur before October 1, 1999, shall not be filled until

13  October 1, 1999, and the Governor shall make only one

14  appointment to fill the vacancies that result from expiration

15  of terms on September 30, 1999.

16         (b)  The composition of the board must be broadly

17  reflective of the public and must include minorities and

18  women. The term "minorities" as used in this paragraph means a

19  member of a socially or economically disadvantaged group and

20  includes African Americans, Hispanics, and American Indians.

21         (c)  The board shall annually select a chairperson from

22  among its members.

23         (d)  The board shall meet at least once each quarter. A

24  member may not authorize a designee to attend a meeting of the

25  board in place of the member. A member who fails to attend two

26  consecutive regularly scheduled meetings of the board, unless

27  the member is excused by the chairperson, shall be deemed to

28  have abandoned the position, and the position shall be

29  declared vacant by the board.

30

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  1         (3)(a)  The board members shall serve without

  2  compensation, but are entitled to reimbursement for per diem

  3  and travel expenses pursuant to s. 112.061.

  4         (b)  Effective July 1, 1999, The board and its staff

  5  are assigned to the Department of Juvenile Justice. For the

  6  purpose of implementing this paragraph, all of the duties and

  7  functions, records, personnel, property, and unexpended

  8  balances of appropriations, allocations, or other funds of the

  9  board are transferred to the Department of Juvenile Justice.

10  The transfer of segregated funds shall be made in such a

11  manner that the relation between program and revenue source,

12  as provided in law, is maintained.

13         (4)(a)  The board shall establish and operate a

14  comprehensive system to annually measure and report program

15  outcomes and effectiveness for each program operated by the

16  Department of Juvenile Justice or operated by a provider under

17  contract with the department. The system shall include a

18  standard methodology for interpreting the board's outcome

19  evaluation reports, using, where appropriate, the

20  performance-based program budgeting measures approved by the

21  Legislature. The methodology must include:

22         1.  Common terminology and operational definitions for

23  measuring the performance of system administration, program

24  administration, program outputs, and client outcomes.

25         2.  Program outputs for each group of programs within

26  each level of the juvenile justice continuum and specific

27  program outputs for each program or program type.

28         3.  Specification of desired client outcomes and

29  methods by which to measure client outcomes for each program

30  operated by the department or by a provider under contract

31  with the department.

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  1         4.  Recommended annual minimum thresholds of

  2  satisfactory performance for client outcomes and program

  3  outputs.

  4

  5  For the purposes of this section, the term "program" or

  6  "program type" means an individual state-operated or

  7  contracted facility, site, or service delivered to at-risk or

  8  delinquent youth as prescribed in a contract, program

  9  description, or program services manual; and the term "program

10  group" means a collection of programs or program types with

11  sufficient similarity of function, services, and clientele to

12  permit appropriate comparisons among programs within the

13  program group.

14         (b)  In developing the standard methodology, the board

15  shall consult with the department, the Office of Economic and

16  Demographic Research, contract service providers, and other

17  interested parties. It is the intent of the Legislature that

18  this effort result in consensus recommendations, and, to the

19  greatest extent possible, integrate the goals and

20  legislatively approved measures of performance-based program

21  budgeting provided in chapter 94-249, Laws of Florida, the

22  quality assurance program provided in s. 985.412, and the

23  cost-effectiveness model provided in s. 985.404(11). The board

24  shall notify the Office of Program Policy Analysis and

25  Government Accountability of any meetings to develop the

26  methodology.

27         (c)  The board shall annually submit its outcome

28  evaluation report to the Secretary of the Department of

29  Juvenile Justice, the Governor, and the Legislature by

30  February 15, which must describe:

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  1         1.  The methodology for interpreting outcome

  2  evaluations, including common terminology and operational

  3  definitions.

  4         2.  The recommended minimum thresholds of satisfactory

  5  performance for client outcomes and program outputs applicable

  6  to the year for which the data are reported.

  7         3.  The actual client outcomes and program outputs

  8  achieved by each program operated by the department or by a

  9  provider under contract with the department, compared with the

10  recommended minimum thresholds of satisfactory performance for

11  client outcomes and program outputs for the year under review.

12  The report shall group programs or program types with

13  similarity of function and services and make appropriate

14  comparisons between programs within the program group.

15         (d)  The board shall use its evaluation research to

16  make advisory recommendations to the Legislature, the

17  Governor, and the department concerning the effectiveness and

18  future funding priorities of juvenile justice programs.

19         (e)  The board shall annually review and revise the

20  methodology as necessary to ensure the continuing improvement

21  and validity of the evaluation process.

22         (5)  The board shall:

23         (a)  Review and recommend programmatic and fiscal

24  policies governing the operation of programs, services, and

25  facilities for which the Department of Juvenile Justice is

26  responsible.

27         (b)  Monitor the development and implementation of

28  long-range juvenile justice policies, including prevention,

29  early intervention, diversion, adjudication, and commitment.

30

31

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  1         (c)  Monitor all activities of the executive and

  2  judicial branch and their effectiveness in implementing

  3  policies pursuant to this chapter.

  4         (d)  Advise the President of the Senate, the Speaker of

  5  the House of Representatives, the Governor, and the department

  6  on matters relating to this chapter.

  7         (e)  In coordination with the Department of Juvenile

  8  Justice, serve as a clearinghouse to provide information and

  9  assistance to the district juvenile justice circuit boards and

10  county juvenile justice county councils.

11         (f)  Hold public hearings and inform the public of

12  activities of the board and of the Department of Juvenile

13  Justice, as appropriate.

14         (g)  Monitor the delivery and use of services,

15  programs, or facilities operated, funded, regulated, or

16  licensed by the Department of Juvenile Justice for juvenile

17  offenders or alleged juvenile offenders, and for prevention,

18  diversion, or early intervention of delinquency, and to

19  develop programs to educate the citizenry about such services,

20  programs, and facilities and about the need and procedure for

21  siting new facilities.

22         (h)  Conduct such other activities as the board may

23  determine are necessary and appropriate to monitor the

24  effectiveness of the delivery of juvenile justice programs and

25  services under this chapter.

26         (i)  Submit an annual report to the President of the

27  Senate, the Speaker of the House of Representatives, the

28  Governor, and the secretary of the department not later than

29  February 15 of each calendar year, summarizing the activities

30  and reports of the board for the preceding year, and any

31  recommendations of the board for the following year.

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  1         (6)  The board shall study the extent and nature of

  2  education programs for juvenile offenders committed by the

  3  court to the Department of Juvenile Justice and for juvenile

  4  offenders under court supervision in the community. The board

  5  shall utilize a subcommittee of interested board members and

  6  may request other interested persons to participate and act as

  7  a juvenile justice education task force for the study. The

  8  task force shall address, at a minimum, the following issues:

  9         (a)  The impact of education services on students in

10  commitment programs;

11         (b)  The barriers impeding the timely transfer of

12  education records;

13         (c)  The development and implementation of vocational

14  programming in commitment programs;

15         (d)  The implementation of provisions for earning high

16  school credits regardless of varied lengths of stay; and

17         (e)  The accountability of school districts and

18  providers regarding the expenditure of education funds.

19         (7)  The board shall have access to all records, files,

20  and reports that are material to its duties and that are in

21  the custody of a school board, a law enforcement agency, a

22  state attorney, a public defender, the court, the Department

23  of Children and Family Services, and the department.

24         (8)  Unless reenacted by the Legislature, this section

25  expires June 30, 2001.

26         Section 42.  Subsections (3), (4), and (11) and

27  paragraph (a) of subsection (12) of section 985.404, Florida

28  Statutes, are amended to read:

29         985.404  Administering the juvenile justice

30  continuum.--

31

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  1         (3)  The department shall develop or contract for

  2  diversified and innovative programs to provide rehabilitative

  3  treatment, including early intervention and prevention,

  4  diversion, comprehensive intake, case management, diagnostic

  5  and classification assessments, individual and family

  6  counseling, shelter care, diversified detention care

  7  emphasizing alternatives to secure detention, diversified

  8  probation community control, halfway houses, foster homes,

  9  community-based substance abuse treatment services,

10  community-based mental health treatment services,

11  community-based residential and nonresidential programs,

12  environmental programs, and programs for serious or habitual

13  juvenile offenders. Each program shall place particular

14  emphasis on reintegration and conditional release aftercare

15  for all children in the program.

16         (4)  The department may transfer a child, when

17  necessary to appropriately administer the child's commitment,

18  from one facility or program to another facility or program

19  operated, contracted, subcontracted, or designated by the

20  department, including a postcommitment minimum-risk

21  nonresidential conditional release aftercare program. The

22  department shall notify the court that committed the child to

23  the department, in writing, of its transfer of the child from

24  a commitment facility or program to another facility or

25  program of a higher or lower restrictiveness level.  The court

26  that committed the child may agree to the transfer or may set

27  a hearing to review the transfer.  If the court does not

28  respond within 10 days after receipt of the notice, the

29  transfer of the child shall be deemed granted.

30         (11)(a)  The Department of Juvenile Justice, in

31  consultation with the Juvenile Justice Advisory Accountability

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  1  Board, the Office of Economic and Demographic Research, and

  2  contract service providers, shall develop a cost-effectiveness

  3  model and apply the model to each commitment program. Program

  4  recommitment rates shall be a component of the model.  The

  5  cost-effectiveness model shall compare program costs to client

  6  outcomes and program outputs.  It is the intent of the

  7  Legislature that continual development efforts take place to

  8  improve the validity and reliability of the cost-effectiveness

  9  model and to integrate the standard methodology developed

10  under s. 985.401(4) for interpreting program outcome

11  evaluations.

12         (b)  The department shall rank commitment programs

13  based on the cost-effectiveness model and shall submit a

14  report to the appropriate substantive and fiscal committees of

15  each house of the Legislature by December 31 of each year.

16         (c)  Based on reports of the Juvenile Justice Advisory

17  Accountability Board on client outcomes and program outputs

18  and on the department's most recent cost-effectiveness

19  rankings, the department may terminate a program operated by

20  the department or a provider if the program has failed to

21  achieve a minimum threshold of program effectiveness. This

22  paragraph does not preclude the department from terminating a

23  contract as provided under s. 985.412 or as otherwise provided

24  by law or contract, and does not limit the department's

25  authority to enter into or terminate a contract.

26         (d)  In collaboration with the Juvenile Justice

27  Advisory Accountability Board, the Office of Economic and

28  Demographic Research, and contract service providers, the

29  department shall develop a work plan to refine the

30  cost-effectiveness model so that the model is consistent with

31  the performance-based program budgeting measures approved by

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  1  the Legislature to the extent the department deems

  2  appropriate. The department shall notify the Office of Program

  3  Policy Analysis and Government Accountability of any meetings

  4  to refine the model.

  5         (e)  Contingent upon specific appropriation, the

  6  department, in consultation with the Juvenile Justice Advisory

  7  Accountability Board, the Office of Economic and Demographic

  8  Research, and contract service providers, shall:

  9         1.  Construct a profile of each commitment program that

10  uses the results of the quality assurance report required by

11  s. 985.412, the outcome evaluation report compiled by the

12  Juvenile Justice Advisory Accountability Board under s.

13  985.401, the cost-effectiveness report required in this

14  subsection, and other reports available to the department.

15         2.  Target, for a more comprehensive evaluation, any

16  commitment program that has achieved consistently high, low,

17  or disparate ratings in the reports required under

18  subparagraph 1.

19         3.  Identify the essential factors that contribute to

20  the high, low, or disparate program ratings.

21         4.  Use the results of these evaluations in developing

22  or refining juvenile justice programs or program models,

23  client outcomes and program outputs, provider contracts,

24  quality assurance standards, and the cost-effectiveness model.

25         (12)(a)  The department shall operate a statewide,

26  regionally administered system of detention services for

27  children, in accordance with a comprehensive plan for the

28  regional administration of all detention services in the

29  state. The plan must provide for the maintenance of adequate

30  availability of detention services for all counties. The plan

31  must cover all the department's operating circuits 15 service

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  1  districts, with each operating circuit service district having

  2  a secure facility and nonsecure and home detention programs,

  3  and the plan may be altered or modified by the Department of

  4  Juvenile Justice as necessary.

  5         Section 43.  Subsection (2) of section 985.4045,

  6  Florida Statutes, is amended to read:

  7         985.4045  Sexual misconduct prohibited; reporting

  8  required; penalties.--

  9         (2)  An employee of the department, or an employee of a

10  provider under contract with the department, who witnesses

11  sexual misconduct committed against a juvenile offender, or

12  who has reasonable cause to suspect that sexual misconduct has

13  been committed against a juvenile offender, shall immediately

14  report the incident to the department's incident hotline, and

15  prepare, date, and sign an independent report that

16  specifically describes the nature of the sexual misconduct,

17  the location and time of the incident, and the persons

18  involved.  The employee shall deliver the report to the

19  supervisor or program director, who is responsible for

20  providing copies to the department's inspector general and the

21  circuit district juvenile justice manager. The inspector

22  general shall immediately conduct an appropriate

23  administrative investigation, and, if there is probable cause

24  to believe that a violation of subsection (1) has occurred,

25  the inspector general shall notify the state attorney in the

26  circuit in which the incident occurred.

27         Section 44.  Paragraph (a) of subsection (2) of section

28  985.406, Florida Statutes, is amended, and subsection (9) is

29  added to said section, to read:

30         985.406  Juvenile justice training academies

31  established; Juvenile Justice Standards and Training

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  1  Commission created; Juvenile Justice Training Trust Fund

  2  created.--

  3         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING

  4  COMMISSION.--

  5         (a)  There is created under the Department of Juvenile

  6  Justice the Juvenile Justice Standards and Training

  7  Commission, hereinafter referred to as the commission. The

  8  17-member commission shall consist of the Attorney General or

  9  designee, the Commissioner of Education or designee, a member

10  of the juvenile court judiciary to be appointed by the Chief

11  Justice of the Supreme Court, and 14 members to be appointed

12  by the Secretary of Juvenile Justice as follows:

13         1.  Seven members shall be juvenile justice

14  professionals:  a superintendent or a direct care staff member

15  from an institution; a director from a contracted

16  community-based program; a superintendent and a direct care

17  staff member from a regional detention center or facility; a

18  juvenile probation officer supervisor and a juvenile probation

19  officer; and a director of a day treatment or conditional

20  release aftercare program. No fewer than three of these

21  members shall be contract providers.

22         2.  Two members shall be representatives of local law

23  enforcement agencies.

24         3.  One member shall be an educator from the state's

25  university and community college program of criminology,

26  criminal justice administration, social work, psychology,

27  sociology, or other field of study pertinent to the training

28  of juvenile justice program staff.

29         4.  One member shall be a member of the public.

30         5.  One member shall be a state attorney, or assistant

31  state attorney, who has juvenile court experience.

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  1         6.  One member shall be a public defender, or assistant

  2  public defender, who has juvenile court experience.

  3         7.  One member shall be a representative of the

  4  business community.

  5

  6  All appointed members shall be appointed to serve terms of 2

  7  years.

  8         (9)  The Juvenile Justice Standards and Training

  9  Commission is terminated on June 30, 2001, and such

10  termination shall be reviewed by the Legislature prior to that

11  date.

12         Section 45.  Subsection (2) of section 985.411, Florida

13  Statutes, is amended to read:

14         985.411  Administering county and municipal delinquency

15  programs and facilities.--

16         (2)  A county or municipal government may develop or

17  contract for innovative programs that which provide

18  rehabilitative treatment with particular emphasis on

19  reintegration and conditional release aftercare for all

20  children in the program, including halfway houses and

21  community-based substance abuse treatment services, mental

22  health treatment services, residential and nonresidential

23  programs, environmental programs, and programs for serious or

24  habitual juvenile offenders.

25         Section 46.  Effective October 1, 2000, section

26  985.4135, Florida Statutes, is created to read:

27         985.4135  Juvenile justice circuit boards and juvenile

28  justice county councils.--

29         (1)  There is authorized a juvenile justice circuit

30  board to be established in each of the 20 judicial circuits

31  and a juvenile justice county council to be established in

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  1  each of the 67 counties. The purpose of each juvenile justice

  2  circuit board and each juvenile justice county council is to

  3  provide advice and direction to the department in the

  4  development and implementation of juvenile justice programs

  5  and to work collaboratively with the department in seeking

  6  program improvements and policy changes to address the

  7  emerging and changing needs of Florida's youth who are at risk

  8  of delinquency.

  9         (2)  Each juvenile justice county council shall develop

10  a juvenile justice prevention and early intervention plan for

11  the county and shall collaborate with the circuit board and

12  other county councils assigned to that circuit in the

13  development of a comprehensive plan for the circuit.

14         (3)  Juvenile justice circuit boards and county

15  councils shall also participate in facilitating interagency

16  cooperation and information sharing.

17         (4)  Juvenile justice circuit boards and county

18  councils may apply for and receive public or private grants to

19  be administered by one of the community partners that support

20  one or more components of the county or circuit plan.

21         (5)  Juvenile justice circuit boards and county

22  councils shall advise and assist the department in the

23  evaluation and award of prevention and early intervention

24  grant programs, including the Community Juvenile Justice

25  Partnership Grant program established in s. 985.415 and

26  proceeds from the Invest in Children license plate annual use

27  fees.

28         (6)  Each juvenile justice circuit board shall provide

29  an annual report to the department describing the activities

30  of the circuit board and each of the county councils contained

31

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  1  within its circuit. The department may prescribe a format and

  2  content requirements for submission of annual reports.

  3         (7)  Membership of the juvenile justice circuit board

  4  may not exceed 18 members, except as provided in subsections

  5  (8) and (9). Members must include the state attorney, the

  6  public defender, and the chief judge of the circuit, or their

  7  respective designees. The remaining 15 members of the board

  8  must be appointed by the county councils within that circuit.

  9  The board must include at least one representative from each

10  county council within the circuit. In appointing members to

11  the circuit board, the county councils must reflect:

12         (a)  The circuit's geography and population

13  distribution.

14         (b)  Juvenile justice partners, including, but not

15  limited to, representatives of law enforcement, the school

16  system, and the Department of Children and Family Services.

17         (c)  Diversity in the judicial circuit.

18         (8)  At any time after the adoption of initial bylaws

19  pursuant to subsection (12), a juvenile justice circuit board

20  may revise the bylaws to increase the number of members by not

21  more than three in order to adequately reflect the diversity

22  of the population and community organizations or agencies in

23  the circuit.

24         (9)  If county councils are not formed within a

25  circuit, the circuit board may establish its membership in

26  accordance with subsection (10). For juvenile justice circuit

27  boards organized pursuant to this subsection, the state

28  attorney, public defender, and chief circuit judge, or their

29  respective designees, shall be members of the circuit board.

30         (10)  Membership of the juvenile justice county

31  councils, or juvenile justice circuit boards established under

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  1  subsection (9), must include representatives from the

  2  following entities:

  3         (a)  Representatives from the school district, which

  4  may include elected school board officials, the school

  5  superintendent, school or district administrators, teachers,

  6  and counselors.

  7         (b)  Representatives of the board of county

  8  commissioners.

  9         (c)  Representatives of the governing bodies of local

10  municipalities within the county.

11         (d)  A representative of the corresponding circuit or

12  regional entity of the Department of Children and Family

13  Services.

14         (e)  Representatives of local law enforcement agencies,

15  including the sheriff or the sheriff's designee.

16         (f)  Representatives of the judicial system.

17         (g)  Representatives of the business community.

18         (h)  Representatives of other interested officials,

19  groups, or entities, including, but not limited to, a

20  children's services council, public or private providers of

21  juvenile justice programs and services, students, parents, and

22  advocates. Private providers of juvenile justice programs may

23  not exceed one-third of the voting membership.

24         (i)  Representatives of the faith community.

25         (j)  Representatives of victim-service programs and

26  victims of crimes.

27         (k)  Representatives of the Department of Corrections.

28         (11)  Each juvenile justice county council, or juvenile

29  justice circuit board established under subsection (9), must

30  provide for the establishment of an executive committee of not

31

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  1  more than 10 members. The duties and authority of the

  2  executive committee must be addressed in the bylaws.

  3         (12)  Each juvenile justice circuit board and county

  4  council shall develop bylaws that provide for officers and

  5  committees as the board or council deems necessary and shall

  6  specify the qualifications, method of selection, and term for

  7  each office created. The bylaws shall address at least the

  8  following issues:  process for appointments to the board or

  9  council; election or appointment of officers; filling of

10  vacant positions; duration of member terms; provisions for

11  voting; meeting attendance requirements; and the establishment

12  and duties of an executive committee, if required under

13  subsection (11).

14         (13)  Members of juvenile justice circuit boards and

15  county councils are subject to the provisions of part III of

16  chapter 112.

17         Section 47.  Paragraph (b) of subsection (1) and

18  paragraph (d) of subsection (2) of section 985.4145, Florida

19  Statutes, are amended to read:

20         985.4145  Direct-support organization; definition; use

21  of property; board of directors; audit.--

22         (1)  DEFINITION.--As used in this section, the term

23  "direct-support organization" means an organization whose sole

24  purpose is to support the juvenile justice system and which

25  is:

26         (b)  Organized and operated to conduct programs and

27  activities; to raise funds; to request and receive grants,

28  gifts, and bequests of moneys; to acquire, receive, hold,

29  invest, and administer, in its own name, securities, funds,

30  objects of value, or other property, real or personal; and to

31  make expenditures to or for the direct or indirect benefit of

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  1  the Department of Juvenile Justice or the juvenile justice

  2  system operated by a county commission or a circuit district

  3  board;

  4

  5  Expenditures of the organization shall be expressly used to

  6  prevent and ameliorate juvenile delinquency. The expenditures

  7  of the direct-support organization may not be used for the

  8  purpose of lobbying as defined in s. 11.045.

  9         (2)  CONTRACT.--The direct-support organization shall

10  operate under written contract with the department. The

11  contract must provide for:

12         (d)  The reversion of moneys and property held in trust

13  by the direct-support organization for the benefit of the

14  juvenile justice system to the state if the department ceases

15  to exist or to the department if the direct-support

16  organization is no longer approved to operate for the

17  department, a county commission, or a circuit district board

18  or if the direct-support organization ceases to exist;

19         Section 48.  Paragraphs (a) and (c) of subsection (1)

20  and paragraphs (a), (b), and (e) of subsection (2) of section

21  985.415, Florida Statutes, are amended to read:

22         985.415  Community Juvenile Justice Partnership

23  Grants.--

24         (1)  GRANTS; CRITERIA.--

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

26  and circuit district juvenile justice plans and the

27  development and implementation of county and circuit district

28  interagency agreements pursuant to s. 985.4135 ss. 985.413 and

29  985.414, the community juvenile justice partnership grant

30  program is established, and shall be administered by the

31  Department of Juvenile Justice.

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

  2  following criteria in awarding grants:

  3         1.  The circuit district juvenile justice plan and any

  4  county juvenile justice plans that are referred to or

  5  incorporated into the circuit district plan, including a list

  6  of individuals, groups, and public and private entities that

  7  participated in the development of the plan.

  8         2.  The diversity of community entities participating

  9  in the development of the circuit district juvenile justice

10  plan.

11         3.  The number of community partners who will be

12  actively involved in the operation of the grant program.

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

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

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

16  evaluated and, if deemed successful, the feasibility of

17  implementation in other communities.

18         (2)  GRANT APPLICATION PROCEDURES.--

19         (a)  Each entity wishing to apply for an annual

20  community juvenile justice partnership grant, which may be

21  renewed for a maximum of 2 additional years for the same

22  provision of services, shall submit a grant proposal for

23  funding or continued funding to the department.  The

24  department shall establish the grant application procedures.

25  In order to be considered for funding, the grant proposal

26  shall include the following assurances and information:

27         1.  A letter from the chair of the county juvenile

28  justice circuit board council confirming that the grant

29  application has been reviewed and found to support one or more

30  purposes or goals of the juvenile justice plan as developed by

31  the board council.

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  1         2.  A rationale and description of the program and the

  2  services to be provided, including goals and objectives.

  3         3.  A method for identification of the juveniles most

  4  likely to be involved in the juvenile justice system who will

  5  be the focus of the program.

  6         4.  Provisions for the participation of parents and

  7  guardians in the program.

  8         5.  Coordination with other community-based and social

  9  service prevention efforts, including, but not limited to,

10  drug and alcohol abuse prevention and dropout prevention

11  programs, that serve the target population or neighborhood.

12         6.  An evaluation component to measure the

13  effectiveness of the program in accordance with the provisions

14  of s. 985.412.

15         7.  A program budget, including the amount and sources

16  of local cash and in-kind resources committed to the budget.

17  The proposal must establish to the satisfaction of the

18  department that the entity will make a cash or in-kind

19  contribution to the program of a value that is at least equal

20  to 20 percent of the amount of the grant.

21         8.  The necessary program staff.

22         (b)  The department shall consider the following in

23  awarding such grants:

24         1.  The recommendations of the juvenile justice county

25  council as to the priority that should be given to proposals

26  submitted by entities within a county.

27         2.  The recommendations of the juvenile justice circuit

28  board as to the priority that should be given to proposals

29  submitted by entities within a circuit district.

30         (e)  Each entity that is awarded a grant as provided

31  for in this section shall submit an annual evaluation report

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  1  to the department, the circuit district juvenile justice

  2  manager, the district juvenile justice circuit board, and the

  3  county juvenile justice county council, by a date subsequent

  4  to the end of the contract period established by the

  5  department, documenting the extent to which the program

  6  objectives have been met, the effect of the program on the

  7  juvenile arrest rate, and any other information required by

  8  the department. The department shall coordinate and

  9  incorporate all such annual evaluation reports with the

10  provisions of s. 985.412.  Each entity is also subject to a

11  financial audit and a performance audit.

12         Section 49.  Section 985.416, Florida Statutes, is

13  amended to read:

14         985.416  Innovation zones.--The department shall

15  encourage each of the district juvenile justice circuit boards

16  to propose at least one innovation zone within the circuit

17  district for the purpose of implementing any experimental,

18  pilot, or demonstration project that furthers the

19  legislatively established goals of the department. An

20  innovation zone is a defined geographic area such as a circuit

21  district, commitment region, county, municipality, service

22  delivery area, school campus, or neighborhood providing a

23  laboratory for the research, development, and testing of the

24  applicability and efficacy of model programs, policy options,

25  and new technologies for the department.

26         (1)(a)  The district juvenile justice circuit board

27  shall submit a proposal for an innovation zone to the

28  secretary. If the purpose of the proposed innovation zone is

29  to demonstrate that specific statutory goals can be achieved

30  more effectively by using procedures that require modification

31  of existing rules, policies, or procedures, the proposal may

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  1  request the secretary to waive such existing rules, policies,

  2  or procedures or to otherwise authorize use of alternative

  3  procedures or practices. Waivers of such existing rules,

  4  policies, or procedures must comply with applicable state or

  5  federal law.

  6         (b)  For innovation zone proposals that the secretary

  7  determines require changes to state law, the secretary may

  8  submit a request for a waiver from such laws, together with

  9  any proposed changes to state law, to the chairs of the

10  appropriate legislative committees for consideration.

11         (c)  For innovation zone proposals that the secretary

12  determines require waiver of federal law, the secretary may

13  submit a request for such waivers to the applicable federal

14  agency.

15         (2)  An innovation zone project may not have a duration

16  of more than 2 years, but the secretary may grant an

17  extension.

18         (3)  Before implementing an innovation zone under this

19  subsection, the secretary shall, in conjunction with the

20  Auditor General, develop measurable and valid objectives for

21  such zone within a negotiated reasonable period of time.

22  Moneys designated for an innovation zone in one operating

23  circuit service district may not be used to fund an innovation

24  zone in another operating circuit district.

25         (4)  Program models for innovation zone projects

26  include, but are not limited to:

27         (a)  A forestry alternative work program that provides

28  selected juvenile offenders an opportunity to serve in a

29  forestry work program as an alternative to incarceration, in

30  which offenders assist in wildland firefighting, enhancement

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  1  of state land management, environmental enhancement, and land

  2  restoration.

  3         (b)  A collaborative public/private dropout prevention

  4  partnership that trains personnel from both the public and

  5  private sectors of a target community who are identified and

  6  brought into the school system as an additional resource for

  7  addressing problems which inhibit and retard learning,

  8  including abuse, neglect, financial instability, pregnancy,

  9  and substance abuse.

10         (c)  A support services program that provides

11  economically disadvantaged youth with support services, jobs,

12  training, counseling, mentoring, and prepaid postsecondary

13  tuition scholarships.

14         (d)  A juvenile offender job training program that

15  offers an opportunity for juvenile offenders to develop

16  educational and job skills in a 12-month to 18-month

17  nonresidential training program, teaching the offenders skills

18  such as computer-aided design, modular panel construction, and

19  heavy vehicle repair and maintenance which will readily

20  transfer to the private sector, thereby promoting

21  responsibility and productivity.

22         (e)  An infant mortality prevention program that is

23  designed to discourage unhealthy behaviors such as smoking and

24  alcohol or drug consumption, reduce the incidence of babies

25  born prematurely or with low birth weight, reduce health care

26  cost by enabling babies to be safely discharged earlier from

27  the hospital, reduce the incidence of child abuse and neglect,

28  and improve parenting and problem-solving skills.

29         (f)  A regional crime prevention and intervention

30  program that serves as an umbrella agency to coordinate and

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  1  replicate existing services to at-risk children, first-time

  2  juvenile offenders, youth crime victims, and school dropouts.

  3         (g)  An alternative education outreach school program

  4  that serves delinquent repeat offenders between 14 and 18

  5  years of age who have demonstrated failure in school and who

  6  are referred by the juvenile court.

  7         (h)  A drug treatment and prevention program that

  8  provides early identification of children with alcohol or drug

  9  problems to facilitate treatment, comprehensive screening and

10  assessment, family involvement, and placement options.

11         (i)  A community resource mother or father program that

12  emphasizes parental responsibility for the behavior of

13  children, and requires the availability of counseling services

14  for children at high risk for delinquent behavior.

15         Section 50.  Subsection (5) of section 985.417, Florida

16  Statutes, is amended to read:

17         985.417  Transfer of children from the Department of

18  Corrections to the Department of Juvenile Justice.--

19         (5)  Any child who has been convicted of a capital

20  felony while under the age of 18 years may not be released on

21  probation community control without the consent of the

22  Governor and three members of the Cabinet.

23         Section 51.  Sections 985.413 and 985.414, Florida

24  Statutes, are repealed.

25         Section 52.  (1)  The Department of Juvenile Justice

26  shall provide technical assistance to existing district

27  juvenile justice boards and county juvenile justice councils

28  to facilitate the transition to juvenile justice circuit

29  boards and juvenile justice county councils as required in

30  this act. Members of district juvenile justice boards and

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  1  county juvenile justice councils as of July 1, 2000, shall be

  2  permitted to complete their terms.

  3         (2)  This section is repealed January 1, 2002.

  4         Section 53.  Notwithstanding the provisions of s.

  5  216.181, Florida Statutes, the Department of Juvenile Justice

  6  may transfer salary rate, without position changes, between

  7  budget entities for Fiscal Year 2000-2001 for the purpose of

  8  implementing the reorganization of the department.  All such

  9  transfers must be in accordance with the budget amendatory and

10  legislative notice provisions of chapter 216, Florida

11  Statutes. This section is repealed effective June 30, 2001.

12         Section 54.  Except as otherwise provided herein, this

13  act shall take effect July 1, 2000.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Revises various functions and duties within the
18    Department of Juvenile Justice. Abolishes the offices of
      the Deputy Secretary for Operations and the Assistant
19    Secretary of Programming and Planning. Authorizes the
      Secretary of Juvenile Justice to establish positions to
20    administer the reorganization of the department. Creates
      juvenile justice operating circuits. Provides for the
21    boundaries of the department's service districts to
      conform to the boundaries of the judicial circuits.
22    Redesignates as "conditional release" the supervision of
      a juvenile formerly termed "aftercare." Redesignates as
23    "probation" the legal status of a juvenile formerly
      termed "community control." Revises the minimum period
24    for certain juveniles to participate in a boot camp, a
      serious or habitual juvenile offender program, or an
25    intensive residential treatment program. Abolishes the
      district juvenile justice boards. Establishes juvenile
26    justice circuit boards. Abolishes the county juvenile
      justice councils. Establishes juvenile justice county
27    councils. Provides that certain members of district
      juvenile justice boards and county juvenile justice
28    councils may complete their terms. Requires the
      department to provide technical assistance to facilitate
29    the transition to circuit boards and county councils.
      Authorizes the Department of Juvenile Justice to transfer
30    salary rates between budget entities to implement
      reorganization. See bill for details.
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