House Bill 0689

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    Florida House of Representatives - 2000                 HB 689

        By Representative Farkas






  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 322.056, F.S.; providing an exception to

  4         mandatory revocation or suspension of a

  5         juvenile's driver's license under certain

  6         circumstances; amending s. 985.215, F.S.;

  7         revising provisions relating to placement of

  8         children in certain forms of detention;

  9         amending s. 985.216, F.S.; clarifying certain

10         time limits for placement of children in secure

11         detention facilities; amending s. 985.224,

12         F.S.; providing for court-ordered educational

13         needs assessments for certain children under

14         certain circumstances; amending s. 985.229,

15         F.S.; requiring certain reports and evaluations

16         relating to a predisposition report to be

17         provided to a child's legal counsel under

18         certain circumstances; amending s. 985.404,

19         F.S.; requiring notice of intent to transfer a

20         child from a commitment facility or program;

21         requiring a court to set a hearing for certain

22         intended transfers by the Department of

23         Juvenile Justice of committed children to

24         higher restrictiveness levels; providing an

25         effective date.

26

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

28

29         Section 1.  Subsection (1) of section 322.056, Florida

30  Statutes, is amended to read:

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  1         322.056  Mandatory revocation or suspension of, or

  2  delay of eligibility for, driver's license for persons under

  3  age 18 found guilty of certain alcohol, drug, or tobacco

  4  offenses; prohibition.--

  5         (1)  Notwithstanding the provisions of s. 322.055, if a

  6  person under 18 years of age is found guilty of or delinquent

  7  for a violation of s. 562.11(2), s. 562.111, or chapter 893,

  8  and:

  9         (a)  The person is eligible by reason of age for a

10  driver's license or driving privilege, the court shall direct

11  the department to revoke or to withhold issuance of his or her

12  driver's license or driving privilege for a period of:

13         1.  Not less than 6 months and not more than 1 year for

14  the first violation.

15         2.  Two years, for a subsequent violation.

16         (b)  The person's driver's license or driving privilege

17  is under suspension or revocation for any reason, the court

18  shall direct the department to extend the period of suspension

19  or revocation by an additional period of:

20         1.  Not less than 6 months and not more than 1 year for

21  the first violation.

22         2.  Two years, for a subsequent violation.

23         (c)  The person is ineligible by reason of age for a

24  driver's license or driving privilege, the court shall direct

25  the department to withhold issuance of his or her driver's

26  license or driving privilege for a period of:

27         1.  Not less than 6 months and not more than 1 year

28  after the date on which he or she would otherwise have become

29  eligible, for the first violation.

30         2.  Two years after the date on which he or she would

31  otherwise have become eligible, for a subsequent violation.

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  1

  2  However, the court may, in the court's discretion, direct the

  3  department to issue a license for driving privileges

  4  restricted to business or employment purposes only, as defined

  5  by s. 322.271, if the person is otherwise qualified for such a

  6  license.

  7         Section 2.  Subsection (5) of section 985.215, Florida

  8  Statutes, is amended to read:

  9         985.215  Detention.--

10         (5)(a)  A child may not be placed into or held in

11  secure, nonsecure, or home detention care for longer than 24

12  hours unless the court orders such detention care, and the

13  order includes specific instructions that direct the release

14  of the child from such detention care, in accordance with

15  subsection (2). The order shall be a final order, reviewable

16  by appeal pursuant to s. 985.234 and the Florida Rules of

17  Appellate Procedure.  Appeals of such orders shall take

18  precedence over other appeals and other pending matters.

19         (b)  A child may not be held before trial in secure,

20  nonsecure, or home detention care under a special detention

21  order for more than 21 days unless an adjudicatory hearing for

22  the case has been commenced by the court.

23         (c)  A child may not be held in secure, nonsecure, or

24  home detention care for more than 15 days following the entry

25  of an order of adjudication or a finding of guilt after an

26  adjudicatory hearing.

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

28  include periods of delay resulting from a continuance granted

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

30  counsel or of the state. Upon the issuance of an order

31  granting a continuance for cause on a motion by either the

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

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

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

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

  5  continuance of proceedings for the child or the state.

  6         Section 3.  Subsection (2) of section 985.216, Florida

  7  Statutes, is amended to read:

  8         985.216  Punishment for contempt of court; alternative

  9  sanctions.--

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

11  placed in a secure facility for purposes of punishment for

12  contempt of court if alternative sanctions are unavailable or

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

14  serve an alternative sanction but failed to comply with the

15  sanction.

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

17  indirect contempt may be placed in a secure detention facility

18  for up to 5 days for a first offense or up to 15 days for a

19  second or subsequent offense.

20         (b)  A child in need of services who has been held in

21  direct contempt or indirect contempt may be placed, for up to

22  5 days for a first offense or up to 15 days for a second or

23  subsequent offense, in a staff-secure shelter or a

24  staff-secure residential facility solely for children in need

25  of services if such placement is available, or, if such

26  placement is not available, the child may be placed in an

27  appropriate mental health facility or substance abuse facility

28  for assessment. In addition to disposition under this

29  paragraph, a child in need of services who is held in direct

30  contempt or indirect contempt may be placed in a physically

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  1  secure facility as provided under s. 984.226 if conditions of

  2  eligibility are met.

  3         Section 4.  Subsection (2) of section 985.224, Florida

  4  Statutes, is amended to read:

  5         985.224  Medical, psychiatric, psychological, substance

  6  abuse, and educational examination and treatment.--

  7         (2)  Whenever a child has been found to have committed

  8  a delinquent act, or before such finding with the consent of

  9  any parent or legal custodian of the child, the court may

10  order the child to be treated by a physician. The court may

11  also order the child to receive mental health, substance

12  abuse, or retardation services from a psychiatrist,

13  psychologist, or other appropriate service provider. If it is

14  necessary to place the child in a residential facility for

15  such services, the procedures and criteria established in

16  chapter 393, chapter 394, or chapter 397, whichever is

17  applicable, shall be used. After a child has been adjudicated

18  delinquent, or adjudication is withheld, the court shall order

19  an educational needs assessment by the district school board

20  or the Department of Children and Family Services. If an

21  educational needs assessment by the district school board or

22  the Department of Children and Family Services has been

23  previously conducted, the court shall order the report of such

24  needs assessment included in the child's court record in lieu

25  of a new assessment. For purposes of this section, an

26  educational needs assessment includes, but is not limited to,

27  reports of intelligence and achievement tests, screening for

28  learning disabilities and other handicaps, and screening for

29  the need for alternative education.

30         Section 5.  Subsection (3) of section 985.229, Florida

31  Statutes, is amended to read:

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  1         985.229  Predisposition report; other evaluations.--

  2         (3)  The predisposition report, together with all other

  3  reports and evaluations used by the department in preparing

  4  the predisposition report, shall be made available to the

  5  child's legal counsel and the state attorney upon completion

  6  of the report and at a reasonable time prior to the

  7  disposition hearing.

  8         Section 6.  Subsection (4) of section 985.404, Florida

  9  Statutes, is amended to read:

10         985.404  Administering the juvenile justice

11  continuum.--

12         (4)  The department may transfer a child, when

13  necessary to appropriately administer the child's commitment,

14  from one facility or program to another facility or program

15  operated, contracted, subcontracted, or designated by the

16  department, including a postcommitment minimum-risk

17  nonresidential aftercare program. The department shall notify

18  the court that committed the child to the department, in

19  writing, of its intent to transfer of the child from a

20  commitment facility or program to another facility or program

21  of a higher or lower restrictiveness level.  The court that

22  committed the child may agree to the transfer or may set a

23  hearing to review the transfer.  If the court does not respond

24  within 10 days after receipt of the notice, the transfer of

25  the child shall be deemed granted. When the department is

26  seeking to transfer the committed child to a higher

27  restrictiveness level, the court shall immediately set the

28  matter for hearing, subject to ss. 985.203, 985.213, and

29  985.215.

30         Section 7.  This act shall take effect October 1, 2000.

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  2                          HOUSE SUMMARY

  3
      Amends various provisions of law relating to juvenile
  4    justice to:

  5
      Provide an exception to mandatory revocation or
  6    suspension of a juvenile's driver's license.

  7
      Revise provisions for placing children in detention.
  8

  9    Clarify time limits for placement of children in secure
      detention facilities.
10

11    Order educational needs assessments for children placed
      in detention.
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13    Provide to a child's legal counsel documents relating to
      the child's predisposition report.
14

15    Require a court to set a hearing for transfers by the
      Department of Juvenile Justice of committed children to
16    higher restrictiveness levels.

17
      See bill for details.
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