HOUSE AMENDMENT
    723-145AX-32                   Bill No. CS/CS/HB 267, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Barreiro and Melvin offered the following:
12  
13         Amendment (with title amendment) 
14  remove from the bill:  everything after the enacting clause,
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (b) of subsection (1) and
18  paragraph (d) of subsection (4) of section 20.316, Florida
19  Statutes, are amended to read:
20         20.316  Department of Juvenile Justice.--There is
21  created a Department of Juvenile Justice.
22         (1)  SECRETARY OF JUVENILE JUSTICE.--
23         (b)  The Secretary of Juvenile Justice is responsible
24  for planning, coordinating, and managing the delivery of all
25  programs and services within the juvenile justice continuum.
26  For purposes of this section, the term "juvenile justice
27  continuum" means all children-in-need-of-services programs;
28  families-in-need-of-services programs; other prevention, early
29  intervention, and diversion programs; detention centers and
30  related programs and facilities; community-based residential
31  commitment and nonresidential commitment programs; and
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    File original & 9 copies    04/30/01                          
    hbd0005                     09:05 pm         00267-0107-550371

HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 delinquency institutions provided or funded by the department. 2 (4) INFORMATION SYSTEMS.-- 3 (d) The management information system shall, at a 4 minimum: 5 1. Facilitate case management of juveniles referred to 6 or placed in the department's custody. 7 2. Provide timely access to current data and computing 8 capacity to support the outcome evaluation activities of the 9 Juvenile Justice Advisory Board as provided in s. 985.401, 10 legislative oversight, the Juvenile Justice Estimating 11 Conference, and other research. 12 3. Provide automated support to the quality assurance 13 and program review functions. 14 4. Provide automated support to the contract 15 management process. 16 5. Provide automated support to the facility 17 operations management process. 18 6. Provide automated administrative support to 19 increase efficiency, provide the capability of tracking 20 expenditures of funds by the department or contracted service 21 providers that are eligible for federal reimbursement, and 22 reduce forms and paperwork. 23 7. Facilitate connectivity, access, and utilization of 24 information among various state agencies, and other state, 25 federal, local, and private agencies, organizations, and 26 institutions. 27 8. Provide electronic public access to juvenile 28 justice information, which is not otherwise made confidential 29 by law or exempt from the provisions of s. 119.07(1). 30 9. Provide a system for the training of information 31 system users and user groups. 2 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 2. Subsection (43) of section 228.041, Florida 2 Statutes, is amended to read: 3 228.041 Definitions.--Specific definitions shall be as 4 follows, and wherever such defined words or terms are used in 5 the Florida School Code, they shall be used as follows: 6 (43) SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For 7 schools operating for the purpose of providing educational 8 services to youth in Department of Juvenile Justice programs, 9 the school year shall be comprised of 250 days of instruction 10 distributed over 12 months. At the request of the provider, a 11 district school board may decrease the minimum number of days 12 of instruction by up to 10 days for teacher planning for 13 residential programs and up to 20 days for teacher planning 14 for nonresidential programs, subject to the approval of the 15 Department of Juvenile Justice and the Department of 16 Education. 17 Section 3. Subsection (1) of section 230.23161, 18 Florida Statutes, is amended to read: 19 230.23161 Educational services in Department of 20 Juvenile Justice programs.-- 21 (1) The Legislature finds that education is the single 22 most important factor in the rehabilitation of adjudicated 23 delinquent youth in the custody of the Department of Juvenile 24 Justice in detention or commitment facilities. It is the goal 25 intent of the Legislature that youth in the juvenile justice 26 system continue to receive a high-quality be provided with 27 equal opportunity and access to quality and effective 28 education that will meet the individual needs of each child. 29 The Department of Education shall serve as the lead agency for 30 juvenile justice education programs, to ensure that 31 curriculum, support services, and resources are provided to 3 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 maximize the public's investment in the custody and care of 2 these youth. To this end, the Department of Education and the 3 Department of Juvenile Justice shall each designate a 4 Coordinator for Juvenile Justice Education Programs to serve 5 as the point of contact for resolving issues not addressed by 6 local district school boards and to provide ensure each 7 department's participation in the following activities: 8 (a) Training, collaborating, and coordinating with the 9 Department of Juvenile Justice, local school districts, 10 educational contract providers, and juvenile justice 11 providers, whether state operated or contracted. 12 (b) Collecting information on the academic performance 13 of students in juvenile justice commitment and detention 14 programs and reporting on the results. 15 (c) Developing academic and vocational protocols that 16 provide guidance to school districts and providers in all 17 aspects of education programming, including records transfer 18 and transition. 19 (d) Prescribing the roles of program personnel and 20 interdepartmental local school district or provider 21 collaboration strategies. 22 23 Annually, a cooperative agreement and plan for juvenile 24 justice education service enhancement shall be developed 25 between the Department of Juvenile Justice and the Department 26 of Education and submitted to the Secretary of Juvenile 27 Justice and the Commissioner of Education by June 30. 28 Section 4. Subsection (1) of section 435.04, Florida 29 Statutes, is amended, and present subsections (3) and (4) of 30 said section are renumbered as subsections (4) and (5), 31 respectively, and a new subsection (3) is added to said 4 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 section, to read: 2 435.04 Level 2 screening standards.-- 3 (1) All employees in positions designated by law as 4 positions of trust or responsibility shall be required to 5 undergo security background investigations as a condition of 6 employment and continued employment. For the purposes of this 7 subsection, security background investigations shall include, 8 but not be limited to, employment history checks, 9 fingerprinting for all purposes and checks in this subsection, 10 statewide criminal and juvenile records checks through the 11 Florida Department of Law Enforcement, and federal criminal 12 records checks through the Federal Bureau of Investigation, 13 and may include local criminal records checks through local 14 law enforcement agencies. 15 (3) The security background investigations conducted 16 under this section for employees of the Department of Juvenile 17 Justice must ensure that no persons subject to the provisions 18 of this section have been found guilty of, regardless of 19 adjudication, or entered a plea of nolo contendere or guilty 20 to, any offense prohibited under any of the following 21 provisions of the Florida Statutes or under any similar 22 statute of another jurisdiction: 23 (a) Section 784.07, relating to assault or battery of 24 law enforcement officers, firefighters, emergency medical care 25 providers, public transit employees or agents, or other 26 specified officers. 27 (b) Section 810.02, relating to burglary, if the 28 offense is a felony. 29 (c) Section 944.40, relating to escape. 30 31 The Department of Juvenile Justice may not remove a 5 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 disqualification from employment or grant an exemption to any 2 person who is disqualified under this section for any offense 3 disposed of during the most recent 7-year period. 4 Section 5. Section 943.0582, Florida Statutes, is 5 created to read: 6 943.0582 Prearrest, postarrest, or teen court 7 diversion program expunction.-- 8 (1) Notwithstanding any law dealing generally with the 9 preservation and destruction of public records, the department 10 may provide, by rule adopted pursuant to chapter 120, for the 11 expunction of any nonjudicial record of the arrest of a minor 12 who has successfully completed a prearrest or postarrest 13 diversion program for minors as authorized by s. 985.3065. 14 (2)(a) As used in this section, the term "expunction" 15 has the same meaning ascribed in s. 943.0585, except that: 16 1. The provisions of s. 943.0585(4)(a) do not apply, 17 except that the criminal history record of a person whose 18 record is expunged pursuant to this section shall be made 19 available only to criminal justice agencies for the purpose of 20 determining eligibility for prearrest, postarrest, or teen 21 court diversion programs; when the record is sought as part of 22 a criminal investigation; or when the subject of the record is 23 a candidate for employment with a criminal justice agency. 24 For all other purposes, a person whose record is expunged 25 under this section may lawfully deny or fail to acknowledge 26 the arrest and the charge covered by the expunged record. 27 2. Records maintained by local criminal justice 28 agencies in the county in which the arrest occurred which are 29 eligible for expunction pursuant to this section shall be 30 sealed as the term is used in s. 943.059. 31 (b) As used in this section, the term "nonviolent 6 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 misdemeanor" includes simple assault or battery when prearrest 2 or postarrest diversion expunction is approved in writing by 3 the state attorney for the county in which the arrest 4 occurred. 5 (3) The department shall expunge the nonjudicial 6 arrest record of a minor who has successfully completed a 7 prearrest or postarrest diversion program if that minor: 8 (a) Submits an application for prearrest or postarrest 9 diversion expunction, on a form prescribed by the department, 10 signed by the minor's parent or legal guardian, or by the 11 minor if he or she has reached the age of majority at the time 12 of applying. 13 (b) Submits the application for prearrest or 14 postarrest diversion expunction no later than 6 months after 15 completion of the diversion program. 16 (c) Submits to the department, with the application, 17 an official written statement from the state attorney for the 18 county in which the arrest occurred certifying that he or she 19 has successfully completed that county's prearrest or 20 postarrest diversion program and that participation in the 21 program is strictly limited to minors arrested for a 22 nonviolent misdemeanor who have not otherwise been charged 23 with or found to have committed any criminal offense or 24 comparable ordinance violation. 25 (d) Participated in a prearrest or postarrest 26 diversion program that expressly authorizes or permits such 27 expunction to occur. 28 (e) Participated in a prearrest or postarrest 29 diversion program based on an arrest for a nonviolent 30 misdemeanor that would not qualify as an act of domestic 31 violence as that term is defined in s. 741.28. 7 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (f) Has never, prior to filing the application for 2 expunction, been charged with or found to have committed any 3 criminal offense or comparable ordinance violation. 4 (4) The department is authorized to charge a $75 5 processing fee for each request received for prearrest or 6 postarrest diversion program expunction, for placement in the 7 Department of Law Enforcement Operating Trust Fund, unless 8 such fee is waived by the executive director. 9 (5) This section operates retroactively to permit the 10 expunction of any nonjudicial record of the arrest of a minor 11 who has successfully completed a prearrest or postarrest 12 diversion program on or after July 1, 2000; however, in the 13 case of a minor whose completion of the program occurred 14 before the effective date of this section, the application for 15 prearrest or postarrest diversion expunction must be submitted 16 within 6 months after the effective date of this section. 17 (6) Expunction or sealing granted under this section 18 does not prevent the minor who receives such relief from 19 petitioning for the expunction or sealing of a later criminal 20 history record as provided for in ss. 943.0585 and 943.059, if 21 the minor is otherwise eligible under those sections. 22 Section 6. Paragraph (a) of subsection (1) of section 23 943.325, Florida Statutes, is amended to read: 24 943.325 Blood specimen testing for DNA analysis.-- 25 (1)(a) Any person who is convicted or was previously 26 convicted in this state for any offense or attempted offense 27 defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s. 28 810.02, s. 812.133, or s. 812.135, and any person who is 29 transferred to this state under Article VII of the Interstate 30 Compact on Juveniles, part V of chapter 985, who has committed 31 or attempted to commit an offense similarly defined by the 8 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 transferring state, who is either: 2 1. Still incarcerated, or 3 2. No longer incarcerated but is within the confines 4 of the legal state boundaries and is on probation, community 5 control, parole, conditional release, control release, or any 6 other court-ordered supervision, 7 8 shall be required to submit two specimens of blood to a 9 Department of Law Enforcement designated testing facility as 10 directed by the department. 11 Section 7. Paragraph (a) of subsection (2) of section 12 984.01, Florida Statutes, is amended to read: 13 984.01 Purposes and intent; personnel standards and 14 screening.-- 15 (2) The Department of Juvenile Justice or the 16 Department of Children and Family Services, as appropriate, 17 may contract with the Federal Government, other state 18 departments and agencies, county and municipal governments and 19 agencies, public and private agencies, and private individuals 20 and corporations in carrying out the purposes of, and the 21 responsibilities established in, this chapter. 22 (a) When the Department of Juvenile Justice or the 23 Department of Children and Family Services contracts with a 24 provider for any program for children, all personnel, 25 including owners, operators, employees, and volunteers, in the 26 facility must be of good moral character. Each contract 27 entered into by either department for services delivered on an 28 appointment or intermittent basis by a provider that does not 29 have regular custodial responsibility for children and each 30 contract with a school for before or aftercare services must 31 ensure that the owners, operators, and all personnel who have 9 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 direct contact with children are of good moral character. A 2 volunteer who assists on an intermittent basis for less than 3 40 hours per month need not be screened if the volunteer is 4 under direct and constant supervision by persons who meet the 5 screening requirements. 6 Section 8. Paragraph (a) of subsection (2) of section 7 985.01, Florida Statutes, is amended to read: 8 985.01 Purposes and intent; personnel standards and 9 screening.-- 10 (2) The Department of Juvenile Justice or the 11 Department of Children and Family Services, as appropriate, 12 may contract with the Federal Government, other state 13 departments and agencies, county and municipal governments and 14 agencies, public and private agencies, and private individuals 15 and corporations in carrying out the purposes of, and the 16 responsibilities established in, this chapter. 17 (a) When the Department of Juvenile Justice or the 18 Department of Children and Family Services contracts with a 19 provider for any program for children, all personnel, 20 including owners, operators, employees, and volunteers, in the 21 facility must be of good moral character. Each contract 22 entered into by either department for services delivered on an 23 appointment or intermittent basis by a provider that does not 24 have regular custodial responsibility for children and each 25 contract with a school for before or aftercare services must 26 ensure that the owners, operators, and all personnel who have 27 direct contact with children are of good moral character. A 28 volunteer who assists on an intermittent basis for less than 29 40 hours per month need not be screened if the volunteer is 30 under direct and constant supervision by persons who meet the 31 screening requirements. 10 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 9. Subsection (7) of section 985.02, Florida 2 Statutes, is amended to read: 3 985.02 Legislative intent for the juvenile justice 4 system.-- 5 (7) PARENTAL, CUSTODIAL, AND GUARDIAN 6 RESPONSIBILITIES.--Parents, custodians, and guardians are 7 deemed by the state to be responsible for providing their 8 children with sufficient support, guidance, and supervision to 9 deter their participation in delinquent acts. The state 10 further recognizes that the ability of parents, custodians, 11 and guardians to fulfill those responsibilities can be greatly 12 impaired by economic, social, behavioral, emotional, and 13 related problems. It is therefore the policy of the 14 Legislature that it is the state's responsibility to ensure 15 that factors impeding the ability of caretakers to fulfill 16 their responsibilities are identified through the delinquency 17 intake process and that appropriate recommendations to address 18 those problems are considered in any judicial or nonjudicial 19 proceeding. Nonetheless, as it is also the intent of the 20 Legislature to preserve and strengthen the child's family 21 ties, it is the policy of the Legislature that the emotional, 22 legal, and financial responsibilities of the caretaker with 23 regard to the care, custody, and support of the child continue 24 while the child is in the physical or legal custody of the 25 department. 26 Section 10. Subsections (13), (26), (30), (31), (32), 27 and paragraph (c) of subsection (45) of section 985.03, 28 Florida Statutes, are amended, subsections (46) through (58) 29 of said section are renumbered as subsections (47) through 30 (59), respectively, a new subsection (46) is added to said 31 section, and renumbered subsection (56) of said section is 11 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 amended, to read: 2 985.03 Definitions.--When used in this chapter, the 3 term: 4 (13) "Conditional release" means the care, treatment, 5 help, and supervision provided to a juvenile released from a 6 residential commitment program which is intended to promote 7 rehabilitation and prevent recidivism. The purpose of 8 conditional release is to protect the public, reduce 9 recidivism, increase responsible productive behavior, and 10 provide for a successful transition of the youth from the 11 department to the family. Conditional release includes, but is 12 not limited to, minimum-risk nonresidential community-based 13 programs and postcommitment probation. 14 (26) "Halfway house" means a community-based 15 residential program for 10 or more committed delinquents at 16 the moderate-risk commitment restrictiveness level which that 17 is operated or contracted by the Department of Juvenile 18 Justice. 19 (30) "Juvenile probation officer" means the authorized 20 agent of the Department of Juvenile Justice who performs the 21 intake, or case management, or supervision functions function 22 for a child alleged to be delinquent. 23 (31) "Juvenile sexual offender" means: 24 (a) A juvenile who has been found by the court 25 pursuant to s. 985.228 to have committed a violation of 26 chapter 794, chapter 796, chapter 800, s. 827.071, or s. 27 847.0133; 28 (b) A juvenile found to have committed any felony 29 violation of law or delinquent act involving juvenile sexual 30 abuse. "Juvenile sexual abuse" means any sexual behavior which 31 occurs without consent, without equality, or as a result of 12 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 coercion. For purposes of this subsection, the following 2 definitions apply: 3 1. "Coercion" means the exploitation of authority, use 4 of bribes, threats of force, or intimidation to gain 5 cooperation or compliance. 6 2. "Equality" means two participants operating with 7 the same level of power in a relationship, neither being 8 controlled nor coerced by the other. 9 3. "Consent" means an agreement including all of the 10 following: 11 a. Understanding what is proposed based on age, 12 maturity, developmental level, functioning, and experience. 13 b. Knowledge of societal standards for what is being 14 proposed. 15 c. Awareness of potential consequences and 16 alternatives. 17 d. Assumption that agreement or disagreement will be 18 accepted equally. 19 e. Voluntary decision. 20 f. Mental competence. 21 22 Juvenile sexual offender behavior ranges from noncontact 23 sexual behavior such as making obscene phone calls, 24 exhibitionism, voyeurism, and the showing or taking of lewd 25 photographs to varying degrees of direct sexual contact, such 26 as frottage, fondling, digital penetration, rape, fellatio, 27 sodomy, and various other sexually aggressive acts. 28 (32) "Legal custody or guardian" means a legal status 29 created by court order or letter of guardianship which vests 30 in a custodian of the person or guardian, whether an agency or 31 an individual, the right to have physical custody of the child 13 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and the right and duty to protect, train, and discipline the 2 child and to provide him or her with food, shelter, education, 3 and ordinary medical, dental, psychiatric, and psychological 4 care. 5 (45) "Residential commitment level" means the level of 6 security provided by programs that service the supervision, 7 custody, care, and treatment needs of committed children. 8 Sections 985.3141 and 985.404(13) apply to children placed in 9 programs at any residential commitment level. The levels of 10 residential commitment are as follows: 11 (c) High-risk residential.--Programs or program models 12 at this commitment level are residential and shall not allow 13 youth to have access to the community. Facilities are 14 hardware-secure with perimeter fencing and locking doors. 15 Facilities shall provide 24-hour awake supervision, custody, 16 care, and treatment of residents. Youth assessed and 17 classified for this level of placement require close 18 supervision in a structured residential setting. Placement in 19 programs at this level is prompted by a concern for public 20 safety that outweighs placement in programs at lower 21 commitment restrictiveness levels. The staff at a facility at 22 this commitment level may seclude a child who is a physical 23 threat to himself or herself or others. Mechanical restraint 24 may also be used when necessary. The facility may provide for 25 single cell occupancy. 26 (46) "Respite" means a placement that is available for 27 the care, custody, and placement of a youth charged with 28 domestic violence as an alternative to secure detention or for 29 placement of a youth when a shelter bed for a child in need of 30 services or a family in need of services is unavailable. 31 (56)(55) "Temporary release" means the terms and 14 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 conditions under which a child is temporarily released from a 2 commitment facility or allowed home visits. If the temporary 3 release is from a moderate-risk residential facility, a 4 high-risk residential facility, or a maximum-risk residential 5 facility, the terms and conditions of the temporary release 6 must be approved by the child, the court, and the facility. 7 The term includes periods during which the child is supervised 8 pursuant to a conditional release program or a period during 9 which the child is supervised by a juvenile probation officer 10 or other nonresidential staff of the department or staff 11 employed by an entity under contract with the department. A 12 child placed in a postcommitment supervision program by order 13 of the court is not considered to be on temporary release and 14 is not subject to the terms and conditions of temporary 15 release. 16 Section 11. Subsection (2), paragraph (a) of 17 subsection (3), paragraph (a) of subsection (4), and 18 subsection (5) of section 985.04, Florida Statutes, are 19 amended to read: 20 985.04 Oaths; records; confidential information.-- 21 (2) Records maintained by the Department of Juvenile 22 Justice, including copies of records maintained by the court, 23 which pertain to a child found to have committed a delinquent 24 act which, if committed by an adult, would be a crime 25 specified in ss. 435.03 and 435.04 110.1127, 393.0655, 26 394.457, 397.451, 402.305(2), 409.175, and 409.176 may not be 27 destroyed pursuant to this section for a period of 25 years 28 after the youth's final referral to the department, except in 29 cases of the death of the child. Such records, however, shall 30 be sealed by the court for use only in meeting the screening 31 requirements for personnel in s. 402.3055 and the other 15 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 sections cited above, or pursuant to departmental rule; 2 however, current criminal history information must be obtained 3 from the Department of Law Enforcement in accordance with s. 4 943.053. The information shall be released to those persons 5 specified in the above cited sections for the purposes of 6 complying with those sections. The court may punish by 7 contempt any person who releases or uses the records for any 8 unauthorized purpose. 9 (3)(a) Except as provided in subsections (2), (4), 10 (5), and (6), and s. 943.053, all information obtained under 11 this part in the discharge of official duty by any judge, any 12 employee of the court, any authorized agent of the Department 13 of Juvenile Justice, the Parole Commission, the Juvenile 14 Justice Advisory Board, the Department of Corrections, the 15 juvenile justice circuit boards, any law enforcement agent, or 16 any licensed professional or licensed community agency 17 representative participating in the assessment or treatment of 18 a juvenile is confidential and may be disclosed only to the 19 authorized personnel of the court, the Department of Juvenile 20 Justice and its designees, the Department of Corrections, the 21 Parole Commission, the Juvenile Justice Advisory Board, law 22 enforcement agents, school superintendents and their 23 designees, any licensed professional or licensed community 24 agency representative participating in the assessment or 25 treatment of a juvenile, and others entitled under this 26 chapter to receive that information, or upon order of the 27 court. Within each county, the sheriff, the chiefs of police, 28 the district school superintendent, and the department shall 29 enter into an interagency agreement for the purpose of sharing 30 information about juvenile offenders among all parties. The 31 agreement must specify the conditions under which summary 16 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 criminal history information is to be made available to 2 appropriate school personnel, and the conditions under which 3 school records are to be made available to appropriate 4 department personnel. Such agreement shall require 5 notification to any classroom teacher of assignment to the 6 teacher's classroom of a juvenile who has been placed in a 7 probation or commitment program for a felony offense. The 8 agencies entering into such agreement must comply with s. 9 943.0525, and must maintain the confidentiality of information 10 that is otherwise exempt from s. 119.07(1), as provided by 11 law. 12 (4)(a) Records in the custody of the Department of 13 Juvenile Justice regarding children are not open to inspection 14 by the public. Such records may be inspected only upon order 15 of the Secretary of Juvenile Justice or his or her authorized 16 agent by persons who have sufficient reason and upon such 17 conditions for their use and disposition as the secretary or 18 his or her authorized agent deems proper. The information in 19 such records may be disclosed only to other employees of the 20 Department of Juvenile Justice who have a need therefor in 21 order to perform their official duty; to other persons as 22 authorized by rule of the Department of Juvenile Justice; and, 23 upon request, to the Juvenile Justice Advisory Board and the 24 Department of Corrections. The secretary or his or her 25 authorized agent may permit properly qualified persons to 26 inspect and make abstracts from records for statistical 27 purposes under whatever conditions upon their use and 28 disposition the secretary or his or her authorized agent deems 29 proper, provided adequate assurances are given that children's 30 names and other identifying information will not be disclosed 31 by the applicant. 17 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (5) Notwithstanding any other provisions of this part, 2 the name, photograph, address, and crime or arrest report of a 3 child: 4 (a) Taken into custody if the child has been taken 5 into custody by a law enforcement officer for a violation of 6 law which, if committed by an adult, would be a felony; or 7 (b) Found by a court to have committed three or more 8 violations of law which, if committed by an adult, would be 9 misdemeanors; 10 (c) Transferred to the adult system pursuant to s. 11 985.227, indicted pursuant to s. 985.225, or waived pursuant 12 to s. 95.226; 13 (d) Taken into custody by a law enforcement officer 14 for a violation of law subject to the provisions of s. 15 985.227(2)(b) or (d); or 16 (e) Transferred to the adult system but sentenced to 17 the juvenile system pursuant to s. 985.233 18 19 shall not be considered confidential and exempt from the 20 provisions of s. 119.07(1) solely because of the child's age. 21 Section 12. Paragraph (d) of subsection (1) and 22 subsection (2) of section 985.207, Florida Statutes, are 23 amended to read: 24 985.207 Taking a child into custody.-- 25 (1) A child may be taken into custody under the 26 following circumstances: 27 (d) By a law enforcement officer who has probable 28 cause to believe that the child is in violation of the 29 conditions of the child's probation, home detention, 30 postcommitment probation community control, or conditional 31 release supervision or has escaped absconded from commitment. 18 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 2 Nothing in this subsection shall be construed to allow the 3 detention of a child who does not meet the detention criteria 4 in s. 985.215. 5 (2) When a child is taken into custody as provided in 6 this section, the person taking the child into custody shall 7 attempt to notify the parent, guardian, or legal custodian of 8 the child. The person taking the child into custody shall 9 continue such attempt until the parent, guardian, or legal 10 custodian of the child is notified or the child is delivered 11 to a juvenile probation officer pursuant to s. 985.21, 12 whichever occurs first. If the child is delivered to a 13 juvenile probation officer before the parent, guardian, or 14 legal custodian is notified, the juvenile probation officer 15 shall continue the attempt to notify until the parent, 16 guardian, or legal custodian of the child is notified. 17 Following notification, the parent or guardian must provide 18 identifying information, including name, address, date of 19 birth, social security number, and driver's license number or 20 identification card number of the parent or guardian to the 21 person taking the child into custody or the juvenile probation 22 officer. 23 Section 13. Subsection (5) of section 985.21, Florida 24 Statutes, is amended to read: 25 985.21 Intake and case management.-- 26 (5) Prior to requesting that a delinquency petition be 27 filed or prior to filing a dependency petition, the juvenile 28 probation officer may request the parent or legal guardian of 29 the child to attend a course of instruction in parenting 30 skills, training in conflict resolution, and the practice of 31 nonviolence; to accept counseling; or to receive other 19 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 assistance from any agency in the community which notifies the 2 clerk of the court of the availability of its services. Where 3 appropriate, the juvenile probation officer shall request both 4 parents or guardians to receive such parental assistance. The 5 juvenile probation officer may, in determining whether to 6 request that a delinquency petition be filed, take into 7 consideration the willingness of the parent or legal guardian 8 to comply with such request. The parent or guardian must 9 provide the juvenile probation officer with identifying 10 information, including the parent's or guardian's name, 11 address, date of birth, social security number, and driver's 12 license number or identification card number in order to 13 comply with ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d). 14 Section 14. Paragraph (b) of subsection (2) of section 15 985.213, Florida Statutes, is amended to read: 16 985.213 Use of detention.-- 17 (2) 18 (b)1. The risk assessment instrument for detention 19 care placement determinations and orders shall be developed by 20 the Department of Juvenile Justice in agreement with 21 representatives appointed by the following associations: the 22 Conference of Circuit Judges of Florida, the Prosecuting 23 Attorneys Association, the Public Defenders Association, the 24 Florida Sheriffs Association, and the Florida Association of 25 Chiefs of Police. Each association shall appoint two 26 individuals, one representing an urban area and one 27 representing a rural area. The parties involved shall 28 evaluate and revise the risk assessment instrument as is 29 considered necessary using the method for revision as agreed 30 by the parties. The risk assessment instrument shall take into 31 consideration, but need not be limited to, prior history of 20 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 failure to appear, prior offenses, offenses committed pending 2 adjudication, any unlawful possession of a firearm, theft of a 3 motor vehicle or possession of a stolen motor vehicle, and 4 probation community control status at the time the child is 5 taken into custody. The risk assessment instrument shall also 6 take into consideration appropriate aggravating and mitigating 7 circumstances, and shall be designed to target a narrower 8 population of children than s. 985.215(2). The risk assessment 9 instrument shall also include any information concerning the 10 child's history of abuse and neglect. The risk assessment 11 shall indicate whether detention care is warranted, and, if 12 detention care is warranted, whether the child should be 13 placed into secure, nonsecure, or home detention care. 14 2. If, at the detention hearing, the court finds a 15 material error in the scoring of the risk assessment 16 instrument, the court may amend the score to reflect factual 17 accuracy. 18 3. A child who is charged with committing an offense 19 of domestic violence as defined in s. 741.28(1) and who does 20 not meet detention criteria may be held in secure detention if 21 the court makes specific written findings that: 22 a. Respite care for the child is not available; and 23 b. It is necessary to place the child in secure 24 detention in order to protect the victim from injury. 25 26 The child may not be held in secure detention under this 27 subparagraph for more than 48 hours unless ordered by the 28 court. After 48 hours, the court shall hold a hearing if the 29 state attorney or victim requests that secure detention be 30 continued. The child may continue to be held in detention care 31 if the court makes a specific, written finding that detention 21 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 care is necessary to protect the victim from injury. However, 2 the child may not be held in detention care beyond the time 3 limits set forth in s. 985.215. 4 4. For a child who is under the supervision of the 5 department through probation community control, home 6 detention, nonsecure detention, conditional release aftercare, 7 postcommitment probation community control, or commitment and 8 who is charged with committing a new offense, the risk 9 assessment instrument may be completed and scored based on the 10 underlying charge for which the child was placed under the 11 supervision of the department and the new offense. 12 Section 15. Paragraph (a) of subsection (2) of section 13 985.215, Florida Statutes, is amended, and paragraph (f) is 14 added to subsection (10) of said section, to read: 15 985.215 Detention.-- 16 (2) Subject to the provisions of subsection (1), a 17 child taken into custody and placed into nonsecure or home 18 detention care or detained in secure detention care prior to a 19 detention hearing may continue to be detained by the court if: 20 (a) The child is alleged to be an escapee or an 21 absconder from a commitment program, a probation program, 22 furlough, or conditional release supervision, or is alleged to 23 have escaped while being lawfully transported to or from such 24 program or supervision. 25 26 A child who meets any of these criteria and who is ordered to 27 be detained pursuant to this subsection shall be given a 28 hearing within 24 hours after being taken into custody. The 29 purpose of the detention hearing is to determine the existence 30 of probable cause that the child has committed the delinquent 31 act or violation of law with which he or she is charged and 22 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the need for continued detention. Unless a child is detained 2 under paragraph (d) or paragraph (e), the court shall utilize 3 the results of the risk assessment performed by the juvenile 4 probation officer and, based on the criteria in this 5 subsection, shall determine the need for continued detention. 6 A child placed into secure, nonsecure, or home detention care 7 may continue to be so detained by the court pursuant to this 8 subsection. If the court orders a placement more restrictive 9 than indicated by the results of the risk assessment 10 instrument, the court shall state, in writing, clear and 11 convincing reasons for such placement. Except as provided in 12 s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b), 13 paragraph (10)(c), or paragraph (10)(d), when a child is 14 placed into secure or nonsecure detention care, or into a 15 respite home or other placement pursuant to a court order 16 following a hearing, the court order must include specific 17 instructions that direct the release of the child from such 18 placement no later than 5 p.m. on the last day of the 19 detention period specified in paragraph (5)(b) or paragraph 20 (5)(c), or subparagraph (10)(a)1., whichever is applicable, 21 unless the requirements of such applicable provision have been 22 met or an order of continuance has been granted pursuant to 23 paragraph (5)(d). 24 (10) 25 (f) Regardless of detention status, a child being 26 transported by the department to a commitment facility of the 27 department may be placed in secure detention overnight, not to 28 exceed a 24-hour period, for the specific purpose of ensuring 29 the safe delivery of the child to his or her commitment 30 program, court, appointment, transfer, or release. 31 Section 16. Effective upon this act becoming a law and 23 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 operating retroactively to July 1, 2000, subsection (6) of 2 section 985.215, Florida Statutes, is amended to read: 3 985.215 Detention.-- 4 (6)(a) When any child is placed into secure, 5 nonsecure, or home detention care or into other placement 6 pursuant to a court order following a detention hearing, the 7 court shall order the natural or adoptive parents or guardians 8 of such child, including the natural father of such child born 9 out of wedlock who has acknowledged his paternity in writing 10 before the court, or the guardian of such child's estate, if 11 possessed of assets which under law may be disbursed for the 12 care, support, and maintenance of the child, to pay to the 13 Department of Juvenile Justice fees in the an amount of $5 $20 14 per day that the child is under the care or supervision of the 15 department in order to partially offset related to the cost of 16 the care, support, and maintenance, and other usual and 17 ordinary obligations of parents to provide for the needs of 18 their children of the child, as established by the Department 19 of Juvenile Justice, unless the court makes a finding on the 20 record that the parent or guardian of the child is indigent. 21 (b) At the time of the detention hearing, the 22 department shall report to the court, verbally or in writing, 23 any available information concerning the ability of the parent 24 or guardian of the child to pay such fee. If the court makes a 25 finding of indigency, the parent or guardian shall pay to the 26 department a nominal subsistence fee of $2 per day that the 27 child is securely detained outside the home or $1 per day if 28 the child is otherwise detained in lieu of other fees related 29 to the parent's obligation for the child's cost of care. The 30 nominal subsistence fee may only be waived or reduced if the 31 court makes a finding that such payment would constitute a 24 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 significant financial hardship. Such finding shall be in 2 writing and shall contain a detailed description of the facts 3 that led the court to make both the finding of indigency and 4 the finding of significant financial hardship. As to each 5 parent or guardian for whom the court makes a finding of 6 indigency, the court may reduce the fees or waive the fees 7 upon a showing by the parent or guardian of an inability to 8 pay the fees specified herein. If the court makes a finding of 9 indigency or inability to pay the full cost of care, support, 10 and maintenance of the child, the court shall order the parent 11 or guardian to pay to the department a nominal subsistence fee 12 on behalf of the child in the amount of at least $2 per day 13 that the child is detained outside the home or at least $1 per 14 day if the child is otherwise detained, unless the court makes 15 a finding on the record that the parent or guardian would 16 suffer a significant hardship if obligated for such amount. 17 (c) In addition, the court may reduce the fees or 18 waive the fees as to each parent or guardian if the court 19 makes a finding on the record that the parent or guardian was 20 the victim of the delinquent act or violation of law for which 21 the child is detained and that the parent or guardian is 22 cooperating in the investigation of the offense. As to each 23 parent or guardian, the court may reduce the fees or waive the 24 fees if the court makes a finding on the record that the 25 parent or guardian has made a diligent and good faith effort 26 to prevent the child from engaging in the delinquent act or 27 violation of law. 28 (d) The court must include specific findings in the 29 detention order as to what fees are ordered, reduced, or 30 waived. If the court fails to enter an order as required by 31 this subsection, it shall be presumed that the court intended 25 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the parent or guardian to pay to the department the fee of $5 2 $20 per day that the child remains in detention care. 3 (e) With respect to a child who has been found to have 4 committed a delinquent act or violation of law, whether or not 5 adjudication is withheld, and whose parent or guardian 6 receives public assistance for any portion of that child's 7 care, the department must seek a federal waiver to garnish or 8 otherwise order the payments of the portion of the public 9 assistance relating to that child to offset the costs of 10 providing care, custody, maintenance, rehabilitation, 11 intervention, or corrective services to the child. When the 12 order affects the guardianship estate, a certified copy of the 13 order shall be delivered to the judge having jurisdiction of 14 the guardianship estate. 15 (f) The clerk of the circuit court shall act as a 16 depository for these fees. Upon each payment received, the 17 clerk of the circuit court shall receive a fee from the total 18 payment of 3 percent of any payment made except that no fee 19 shall be less than $1 nor more than $5 per payment made. This 20 fee shall serve as a service charge for the administration, 21 management, and maintenance of each payment. At the end of 22 each month, the clerk of the circuit court shall send all 23 money collected under this section to the state Grants and 24 Donations Trust Fund. 25 (g) The parent or guardian shall provide to the 26 department the parent's or guardian's name, address, social 27 security number, date of birth, and driver's license number or 28 identification card number and sufficient financial 29 information for the department to be able to determine the 30 parent's or guardian's ability to pay. If the parent or 31 guardian refuses to provide the department with any 26 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 identifying information or financial information, the court 2 shall order the parent to comply and may pursue contempt of 3 court sanctions for failure to comply. 4 (h) The department may employ a collection agency for 5 the purpose of receiving, collecting, and managing the payment 6 of unpaid and delinquent fees. The collection agency must be 7 registered and in good standing under chapter 559. The 8 department may pay to the collection agency a fee from the 9 amount collected under the claim or may authorize the agency 10 to deduct the fee from the amount collected. The department 11 may also pay for collection services from available authorized 12 funds. 13 (i) The department may enter into agreements with 14 parents or guardians to establish a schedule of periodic 15 payments if payment of the obligation in full presents an 16 undue hardship. Any such agreement may provide for payment of 17 interest consistent with prevailing loan rates. 18 (j) The Department of Juvenile Justice shall provide 19 to the payor documentation of any amounts paid by the payor to 20 the Department of Juvenile Justice on behalf of the child. All 21 payments received by the department pursuant to this 22 subsection shall be deposited in the state Grants and 23 Donations Trust Fund. Neither the court nor the department 24 may extend the child's length of stay in detention care solely 25 for the purpose of collecting fees. 26 Section 17. Subsection (4) of section 985.227, Florida 27 Statutes, is amended to read: 28 985.227 Prosecution of juveniles as adults by the 29 direct filing of an information in the criminal division of 30 the circuit court; discretionary criteria; mandatory 31 criteria.-- 27 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (4) DIRECT-FILE POLICIES AND GUIDELINES.--Each state 2 attorney shall develop written policies and guidelines to 3 govern determinations for filing an information on a juvenile, 4 to be submitted to the Executive Office of the Governor, the 5 President of the Senate, and the Speaker of the House of 6 Representatives, and the Juvenile Justice Advisory Board not 7 later than January 1 of each year. 8 Section 18. Paragraph (a) of subsection (1) and 9 subsection (2) of section 985.231, Florida Statutes, are 10 amended to read: 11 985.231 Powers of disposition in delinquency cases.-- 12 (1)(a) The court that has jurisdiction of an 13 adjudicated delinquent child may, by an order stating the 14 facts upon which a determination of a sanction and 15 rehabilitative program was made at the disposition hearing: 16 1. Place the child in a probation program or a 17 postcommitment probation program under the supervision of an 18 authorized agent of the Department of Juvenile Justice or of 19 any other person or agency specifically authorized and 20 appointed by the court, whether in the child's own home, in 21 the home of a relative of the child, or in some other suitable 22 place under such reasonable conditions as the court may 23 direct. A probation program for an adjudicated delinquent 24 child must include a penalty component such as restitution in 25 money or in kind, community service, a curfew, revocation or 26 suspension of the driver's license of the child, or other 27 nonresidential punishment appropriate to the offense and must 28 also include a rehabilitative program component such as a 29 requirement of participation in substance abuse treatment or 30 in school or other educational program. Upon the 31 recommendation of the department at the time of disposition, 28 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 or subsequent to disposition pursuant to the filing of a 2 petition alleging a violation of the child's conditions of 3 postcommitment probation or conditional release supervision, 4 the court may order the child to submit to random testing for 5 the purpose of detecting and monitoring the use of alcohol or 6 controlled substances. 7 a. A restrictiveness level classification scale for 8 levels of supervision shall be provided by the department, 9 taking into account the child's needs and risks relative to 10 probation supervision requirements to reasonably ensure the 11 public safety. Probation programs for children shall be 12 supervised by the department or by any other person or agency 13 specifically authorized by the court. These programs must 14 include, but are not limited to, structured or restricted 15 activities as described in this subparagraph, and shall be 16 designed to encourage the child toward acceptable and 17 functional social behavior. If supervision or a program of 18 community service is ordered by the court, the duration of 19 such supervision or program must be consistent with any 20 treatment and rehabilitation needs identified for the child 21 and may not exceed the term for which sentence could be 22 imposed if the child were committed for the offense, except 23 that the duration of such supervision or program for an 24 offense that is a misdemeanor of the second degree, or is 25 equivalent to a misdemeanor of the second degree, may be for a 26 period not to exceed 6 months. When restitution is ordered by 27 the court, the amount of restitution may not exceed an amount 28 the child and the parent or guardian could reasonably be 29 expected to pay or make. A child who participates in any work 30 program under this part is considered an employee of the state 31 for purposes of liability, unless otherwise provided by law. 29 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 b. The court may conduct judicial review hearings for 2 a child placed on probation for the purpose of fostering 3 accountability to the judge and compliance with other 4 requirements, such as restitution and community service. The 5 court may allow early termination of probation for a child who 6 has substantially complied with the terms and conditions of 7 probation. 8 c. If the conditions of the probation program or the 9 postcommitment probation program are violated, the department 10 or the state attorney may bring the child before the court on 11 a petition alleging a violation of the program. Any child who 12 violates the conditions of probation or postcommitment 13 probation must be brought before the court if sanctions are 14 sought. A child taken into custody under s. 985.207 for 15 violating the conditions of probation or postcommitment 16 probation shall be held in a consequence unit if such a unit 17 is available. The child shall be afforded a hearing within 24 18 hours after being taken into custody to determine the 19 existence of probable cause that the child violated the 20 conditions of probation or postcommitment probation. A 21 consequence unit is a secure facility specifically designated 22 by the department for children who are taken into custody 23 under s. 985.207 for violating probation or postcommitment 24 probation, or who have been found by the court to have 25 violated the conditions of probation or postcommitment 26 probation. If the violation involves a new charge of 27 delinquency, the child may be detained under s. 985.215 in a 28 facility other than a consequence unit. If the child is not 29 eligible for detention for the new charge of delinquency, the 30 child may be held in the consequence unit pending a hearing 31 and is subject to the time limitations specified in s. 30 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 985.215. If the child denies violating the conditions of 2 probation or postcommitment probation, the court shall appoint 3 counsel to represent the child at the child's request. Upon 4 the child's admission, or if the court finds after a hearing 5 that the child has violated the conditions of probation or 6 postcommitment probation, the court shall enter an order 7 revoking, modifying, or continuing probation or postcommitment 8 probation. In each such case, the court shall enter a new 9 disposition order and, in addition to the sanctions set forth 10 in this paragraph, may impose any sanction the court could 11 have imposed at the original disposition hearing. If the child 12 is found to have violated the conditions of probation or 13 postcommitment probation, the court may: 14 (I) Place the child in a consequence unit in that 15 judicial circuit, if available, for up to 5 days for a first 16 violation, and up to 15 days for a second or subsequent 17 violation. 18 (II) Place the child on home detention with electronic 19 monitoring. However, this sanction may be used only if a 20 residential consequence unit is not available. 21 (III) Modify or continue the child's probation program 22 or postcommitment probation program. 23 (IV) Revoke probation or postcommitment probation and 24 commit the child to the department. 25 d. Notwithstanding s. 743.07 and paragraph (d), and 26 except as provided in s. 985.31, the term of any order placing 27 a child in a probation program must be until the child's 19th 28 birthday unless he or she is released by the court, on the 29 motion of an interested party or on its own motion. 30 2. Commit the child to a licensed child-caring agency 31 willing to receive the child, but the court may not commit the 31 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 child to a jail or to a facility used primarily as a detention 2 center or facility or shelter. 3 3. Commit the child to the Department of Juvenile 4 Justice at a restrictiveness level defined in s. 985.03. Such 5 commitment must be for the purpose of exercising active 6 control over the child, including, but not limited to, 7 custody, care, training, urine monitoring, and treatment of 8 the child and release of the child into the community in a 9 postcommitment nonresidential conditional release program. If 10 the child is not successful in the conditional release 11 program, the department may use the transfer procedure under 12 s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and 13 except as provided in s. 985.31, the term of the commitment 14 must be until the child is discharged by the department or 15 until he or she reaches the age of 21. 16 4. Revoke or suspend the driver's license of the 17 child. 18 5. Require the child and, if the court finds it 19 appropriate, the child's parent or guardian together with the 20 child, to render community service in a public service 21 program. 22 6. As part of the probation program to be implemented 23 by the Department of Juvenile Justice, or, in the case of a 24 committed child, as part of the community-based sanctions 25 ordered by the court at the disposition hearing or before the 26 child's release from commitment, order the child to make 27 restitution in money, through a promissory note cosigned by 28 the child's parent or guardian, or in kind for any damage or 29 loss caused by the child's offense in a reasonable amount or 30 manner to be determined by the court. The clerk of the circuit 31 court shall be the receiving and dispensing agent. In such 32 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 case, the court shall order the child or the child's parent or 2 guardian to pay to the office of the clerk of the circuit 3 court an amount not to exceed the actual cost incurred by the 4 clerk as a result of receiving and dispensing restitution 5 payments. The clerk shall notify the court if restitution is 6 not made, and the court shall take any further action that is 7 necessary against the child or the child's parent or guardian. 8 A finding by the court, after a hearing, that the parent or 9 guardian has made diligent and good faith efforts to prevent 10 the child from engaging in delinquent acts absolves the parent 11 or guardian of liability for restitution under this 12 subparagraph. 13 7. Order the child and, if the court finds it 14 appropriate, the child's parent or guardian together with the 15 child, to participate in a community work project, either as 16 an alternative to monetary restitution or as part of the 17 rehabilitative or probation program. 18 8. Commit the child to the Department of Juvenile 19 Justice for placement in a program or facility for serious or 20 habitual juvenile offenders in accordance with s. 985.31. Any 21 commitment of a child to a program or facility for serious or 22 habitual juvenile offenders must be for an indeterminate 23 period of time, but the time may not exceed the maximum term 24 of imprisonment that an adult may serve for the same offense. 25 The court may retain jurisdiction over such child until the 26 child reaches the age of 21, specifically for the purpose of 27 the child completing the program. 28 9. In addition to the sanctions imposed on the child, 29 order the parent or guardian of the child to perform community 30 service if the court finds that the parent or guardian did not 31 make a diligent and good faith effort to prevent the child 33 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 from engaging in delinquent acts. The court may also order the 2 parent or guardian to make restitution in money or in kind for 3 any damage or loss caused by the child's offense. The court 4 shall determine a reasonable amount or manner of restitution, 5 and payment shall be made to the clerk of the circuit court as 6 provided in subparagraph 6. 7 10. Subject to specific appropriation, commit the 8 juvenile sexual offender to the Department of Juvenile Justice 9 for placement in a program or facility for juvenile sexual 10 offenders in accordance with s. 985.308. Any commitment of a 11 juvenile sexual offender to a program or facility for juvenile 12 sexual offenders must be for an indeterminate period of time, 13 but the time may not exceed the maximum term of imprisonment 14 that an adult may serve for the same offense. The court may 15 retain jurisdiction over a juvenile sexual offender until the 16 juvenile sexual offender reaches the age of 21, specifically 17 for the purpose of completing the program. 18 (2) Following a delinquency adjudicatory hearing 19 pursuant to s. 985.228 and a delinquency disposition hearing 20 pursuant to s. 985.23 which results in a commitment 21 determination, the court shall, on its own or upon request by 22 the state or the department, determine whether the protection 23 of the public requires that the child be placed in a program 24 for serious or habitual juvenile offenders and whether the 25 particular needs of the child would be best served by a 26 program for serious or habitual juvenile offenders as provided 27 in s. 985.31. The determination shall be made pursuant to ss. 28 985.03(46)(47) and 985.23(3). 29 Section 19. Effective upon this act becoming a law and 30 operating retroactively to July 1, 2000, paragraph (b) of 31 subsection (1) of section 985.231, Florida Statutes, is 34 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 amended to read: 2 985.231 Powers of disposition in delinquency cases.-- 3 (1) 4 (b)1. When any child is adjudicated by the court to 5 have committed a delinquent act and temporary legal custody of 6 the child has been placed with a licensed child-caring agency 7 or the Department of Juvenile Justice, the court shall order 8 the natural or adoptive parents of such child, including the 9 natural father of such child born out of wedlock who has 10 acknowledged his paternity in writing before the court, or the 11 guardian of such child's estate, if possessed of assets that 12 under law may be disbursed for the care, support, and 13 maintenance of the child, to pay fees to the department in the 14 amount of $5 per day that the child is under the care or 15 supervision of the department in order to partially offset the 16 not to exceed the actual cost of the care, support, and 17 maintenance, and other usual and ordinary obligations of 18 parents to provide for the needs of their children while of 19 the child in the recommended residential commitment level, 20 unless the court makes a finding on the record that the parent 21 or guardian of the child is indigent. 22 2. No later than the disposition hearing, the 23 department shall provide the court with information concerning 24 the actual cost of care, support, and maintenance of the child 25 in the recommended residential commitment level and concerning 26 the ability of the parent or guardian of the child to pay any 27 fees. If the court makes a finding of indigency, the parent or 28 guardianship shall pay to the department a nominal subsistence 29 fee of $2 per day that the child is committed outside the home 30 or $1 per day if the child is otherwise supervised in lieu of 31 other fees related to the parents' obligation for the child's 35 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 cost of care. The nominal subsistence fee may only be waived 2 or reduced if the court makes a finding that such payment 3 would constitute a significant financial hardship. Such 4 finding shall be in writing and shall contain a detailed 5 description of the facts that led the court to make both the 6 finding of indigency and the finding of significant financial 7 hardship. As to each parent or guardian for whom the court 8 makes a finding of indigency, the court may reduce the fees or 9 waive the fees upon a showing by the parent or guardian of an 10 inability to pay the full cost of the care, support, and 11 maintenance of the child. If the court makes a finding of 12 indigency or inability to pay the full cost of care, support, 13 and maintenance of the child, the court shall order the parent 14 or guardian to pay to the department a nominal subsistence fee 15 on behalf of the child in the amount of at least $2 per day 16 that the child is placed outside the home or at least $1 per 17 day if the child is otherwise placed, unless the court makes a 18 finding on the record that the parent or guardian would suffer 19 a significant hardship if obligated for such amount. 20 3. In addition, the court may reduce the fees or waive 21 the fees as to each parent or guardian if the court makes a 22 finding on the record that the parent or guardian was the 23 victim of the delinquent act or violation of law for which the 24 child is subject to placement under this section and that the 25 parent or guardian has cooperated in the investigation and 26 prosecution of the offense. As to each parent or guardian, the 27 court may reduce the fees or waive the fees if the court makes 28 a finding on the record that the parent or guardian has made a 29 diligent and good faith effort to prevent the child from 30 engaging in the delinquent act or violation of law. 31 4. All orders committing a child to a residential 36 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 commitment program shall include specific findings as to what 2 fees are ordered, reduced, or waived. If the court fails to 3 enter an order as required by this paragraph, it shall be 4 presumed that the court intended the parent or guardian to pay 5 fees to the department in an amount of $5 per day related to 6 not to exceed the actual cost of the care, support, and 7 maintenance of the child. With regard to a child who reaches 8 the age of 18 prior to the disposition hearing, the court may 9 elect to direct an order required by this paragraph to such 10 child, rather than the parent or guardian. With regard to a 11 child who reaches the age of 18 while in the custody of the 12 department, the court may, upon proper motion of any party, 13 hold a hearing as to whether any party should be further 14 obligated respecting the payment of fees. When the order 15 affects the guardianship estate, a certified copy of the order 16 shall be delivered to the judge having jurisdiction of the 17 guardianship estate. 18 5. The clerk of the circuit court shall act as a 19 depository for these fees. Upon each payment received, the 20 clerk of the circuit court shall receive a fee from the total 21 payment of 3 percent of any payment made except that no fee 22 shall be less than $1 nor more than $5 per payment made. This 23 fee shall serve as a service charge for the administration, 24 management, and maintenance of each payment. At the end of 25 each month, the clerk of the circuit court shall send all 26 money collected under this section to the state Grants and 27 Donations Trust Fund. 28 6. The parent or guardian shall provide to the 29 department the parent or guardian's name, address, social 30 security number, state of birth, and driver's license number 31 or identification card number and sufficient financial 37 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 information for the department to be able to determine the 2 parent or guardian's ability to pay. If the parent or 3 guardian refuses to provide the department with any 4 identifying information or financial information, the court 5 shall order the parent to comply and may pursue contempt of 6 court sanctions for failure to comply. 7 7. The department may employ a collection agency for 8 the purpose of receiving, collecting, and managing the payment 9 of unpaid and delinquent fees. The collection agency must be 10 registered and in good standing under chapter 559. The 11 department may pay to the collection agency a fee from the 12 amount collected under the claim or may authorize the agency 13 to deduct the fee from the amount collected. The department 14 may also pay for collection services from available authorized 15 funds. 16 8. The department may enter into agreements with 17 parents or guardians to establish a schedule of periodic 18 payments if payment of the obligation in full presents an 19 undue hardship. Any such agreement may provide for payment of 20 interests consistent with prevailing loan rates. 21 9. The Department of Juvenile Justice shall provide to 22 the payor documentation of any amounts paid by the payor to 23 the Department of Juvenile Justice on behalf of the child. All 24 payments received by the department pursuant to this 25 subsection shall be deposited in the state Grants and 26 Donations Trust Fund. 27 10. Neither the court nor the department may extend 28 the child's length of stay in placement care solely for the 29 purpose of collecting fees. 30 Section 20. Effective upon this act becoming a law and 31 operating retroactively to July 1, 2000, paragraph (d) of 38 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subsection (4) of section 985.233, Florida Statutes, is 2 amended to read: 3 985.233 Sentencing powers; procedures; alternatives 4 for juveniles prosecuted as adults.-- 5 (4) SENTENCING ALTERNATIVES.-- 6 (d)1. Recoupment of cost of care in juvenile justice 7 facilities.--When the court orders commitment of a child to 8 the Department of Juvenile Justice for treatment in any of the 9 department's programs for children, the court shall order the 10 natural or adoptive parents of such child, including the 11 natural father of such child born out of wedlock who has 12 acknowledged his paternity in writing before the court, or 13 guardian of such child's estate, if possessed of assets which 14 under law may be disbursed for the care, support, and 15 maintenance of the child, to pay fees in the amount of $5 per 16 day that the child is under the care or supervision of the 17 department in order to partially offset the not to exceed the 18 actual cost of the care, support, and maintenance, and other 19 usual and ordinary obligations of parents to provide for the 20 needs of their children of the child, unless the court makes a 21 finding on the record that the parent or legal guardian of the 22 child is indigent. 23 2. Prior to commitment, the department shall provide 24 the court with information concerning the actual cost of care 25 in the recommended residential commitment level and concerning 26 the ability of the parent or guardian of the child to pay 27 specified fees. If the court makes a finding of indigency, the 28 parent or guardian shall pay to the department a nominal 29 subsistence fee of $2 per day that the child is committed 30 outside the home or $1 per day if the child is otherwise 31 supervised in lieu of other fees related to the parent's 39 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 obligation for the child's cost of care. The nominal 2 subsistence fee may only be waived or reduced if the court 3 makes a finding that such payment would constitute a 4 significant financial hardship. Such finding shall be in 5 writing and shall contain a detailed description of the facts 6 that led the court to make both the finding of indigency and 7 the finding of significant financial hardship. As to each 8 parent or guardian for whom the court makes a finding of 9 indigency, the court may reduce the fees or waive the fees 10 upon a showing by the parent or guardian of an inability to 11 pay the full cost of the care, support, and maintenance of the 12 child. If the court makes a finding of indigency or inability 13 to pay the full cost of care, support, and maintenance of the 14 child, the court shall order the parent or guardian to pay the 15 department a nominal subsistence fee on behalf of the child in 16 the amount of at least $2 per day that the child is placed 17 outside the home or at least $1 per day if the child is 18 otherwise placed, unless the court makes a finding on the 19 record that the parent or guardian would suffer a significant 20 hardship if obligated for such amount. 21 3. In addition, the court may reduce the fees or waive 22 the fees as to each parent or guardian if the court makes a 23 finding on the record that the parent or guardian was the 24 victim of the delinquent act or violation of law for which the 25 child is subject to commitment under this section and that the 26 parent or guardian has cooperated in the investigation and 27 prosecution of the offense. As to each parent or guardian, 28 the court may reduce the fees or waive the fees if the court 29 makes a finding on the record that the parent or guardian has 30 made a diligent and good faith effort to prevent the child 31 from engaging in the delinquent act or violation of law. When 40 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the order affects the guardianship estate, a certified copy of 2 the order shall be delivered to the judge having jurisdiction 3 of the guardianship estate. 4 4. All orders committing a child to a residential 5 commitment program shall include specific findings as to what 6 fees are ordered, reduced, or waived. If the court fails to 7 enter an order as required by this paragraph, it shall be 8 presumed that the court intended the parent or guardian to pay 9 fees to the department in an amount of $5 per day related to 10 not to exceed the actual cost of the care, support, and 11 maintenance of the child. With regard to a child who reaches 12 the age of 18 prior to the disposition hearing, the court may 13 elect to direct an order required by this paragraph to such 14 child, rather than the parent or guardian. With regard to a 15 child who reaches the age of 18 while in the custody of the 16 department, the court may, upon proper motion of any party, 17 hold a hearing as to whether any party should be further 18 obligated respecting the payment of fees. 19 5. The clerk of the circuit court shall act as a 20 depository for these fees. Upon each payment received, the 21 clerk of the circuit court shall receive a fee from the total 22 payment of 3 percent of any payment made except that no fee 23 shall be less than $1 nor more than $5 per payment made. This 24 fee shall serve as a service charge for the administration, 25 management, and maintenance of each payment. At the end of 26 each month, the clerk of the circuit court shall send all 27 money collected under this section to the state Grants and 28 Donations Trust Fund. 29 6. The parent or guardian shall provide to the 30 department the parent or guardian's name, address, social 31 security number, date of birth, and driver's license number or 41 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 identification card number and sufficient financial 2 information for the department to be able to determine the 3 parent or guardian's ability to pay. If the parent or 4 guardian refuses to provide the department with any 5 identifying information or financial information, the court 6 shall order the parent to comply and may pursue contempt of 7 court sanctions for failure to comply. 8 7. The department may employ a collection agency for 9 the purpose of receiving, collecting, and managing the payment 10 of unpaid and delinquent fees. The collection agency must be 11 registered and in good standing under chapter 559. The 12 department may pay to the collection agency a fee from the 13 amount collected under the claim or may authorize the agency 14 to deduct the fee from the amount collected. The department 15 may also pay for collection services from available authorized 16 funds. The Department of Juvenile Justice shall provide to the 17 payor documentation of any amounts paid by the payor to the 18 Department of Juvenile Justice on behalf of the child. All 19 payments received by the department pursuant to this 20 subsection shall be deposited in the state Grants and 21 Donations Trust Fund. 22 8. Neither the court nor the department may extend the 23 child's length of stay in commitment care solely for the 24 purpose of collecting fees. 25 Section 21. Subsection (2) of section 985.305, Florida 26 Statutes, is amended to read: 27 985.305 Early delinquency intervention program; 28 criteria.-- 29 (2) The early delinquency intervention program shall 30 consist of intensive residential treatment in a secure 31 facility for 7 days to 6 weeks, followed by 6 to 9 months of 42 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 additional services conditional release. An early delinquency 2 intervention program facility shall be designed to accommodate 3 the placement of a maximum of 10 children, except that the 4 facility may accommodate up to 2 children in excess of that 5 maximum if the additional children have previously been 6 released from the residential portion of the program and are 7 later found to need additional residential treatment. 8 Section 22. Section 985.3065, Florida Statutes, is 9 amended to read: 10 985.3065 Prearrest or postarrest diversion programs.-- 11 (1) A law enforcement agency or school district, in 12 cooperation with the state attorney, may establish a prearrest 13 or postarrest diversion program. 14 (2) As part of the prearrest or postarrest diversion 15 program, a child who is alleged to have committed a delinquent 16 act may be required to surrender his or her driver's license, 17 or refrain from applying for a driver's license, for not more 18 than 90 days. If the child fails to comply with the 19 requirements of the program, the state attorney may notify the 20 Department of Highway Safety and Motor Vehicles in writing to 21 suspend the child's driver's license for a period that may not 22 exceed 90 days. 23 (3) The prearrest or postarrest diversion program may, 24 upon agreement of the agencies that establish the program, 25 provide for the expunction of the nonjudicial arrest record of 26 a minor who successfully completes such a program pursuant to 27 s. 943.0582. 28 Section 23. Paragraph (e) of subsection (3) and 29 paragraph (a) of subsection (4) of section 985.31, Florida 30 Statutes, are amended to read: 31 985.31 Serious or habitual juvenile offender.-- 43 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND 2 TREATMENT.-- 3 (e) After a child has been adjudicated delinquent 4 pursuant to s. 985.228, the court shall determine whether the 5 child meets the criteria for a serious or habitual juvenile 6 offender pursuant to s. 985.03(48)(47). If the court 7 determines that the child does not meet such criteria, the 8 provisions of s. 985.231(1) shall apply. 9 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- 10 (a) Pursuant to the provisions of this section, the 11 department shall implement the comprehensive assessment 12 instrument for the treatment needs of serious or habitual 13 juvenile offenders and for the assessment, which assessment 14 shall include the criteria under s. 985.03(48)(47) and shall 15 also include, but not be limited to, evaluation of the 16 child's: 17 1. Amenability to treatment. 18 2. Proclivity toward violence. 19 3. Tendency toward gang involvement. 20 4. Substance abuse or addiction and the level thereof. 21 5. History of being a victim of child abuse or sexual 22 abuse, or indication of sexual behavior dysfunction. 23 6. Number and type of previous adjudications, findings 24 of guilt, and convictions. 25 7. Potential for rehabilitation. 26 Section 24. Subsection (4) of section 985.3155, 27 Florida Statutes, is amended to read: 28 985.3155 Multiagency plan for vocational education.-- 29 (4) The plan must also address strategies to 30 facilitate involvement of business and industry in the design, 31 delivery, and evaluation of vocational programming in juvenile 44 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 justice commitment facilities and conditional release 2 aftercare programs, including apprenticeship and work 3 experience programs, mentoring and job shadowing, and other 4 strategies that lead to postrelease employment. Incentives for 5 business involvement, such as tax breaks, bonding, and 6 liability limits should be investigated, implemented where 7 appropriate, or recommended to the Legislature for 8 consideration. 9 Section 25. Subsections (4) and (5) of section 10 985.316, Florida Statutes, are amended to read: 11 985.316 Conditional release.-- 12 (4) After a youth is released from a residential 13 commitment program, conditional release services may be 14 delivered through either minimum-risk nonresidential 15 commitment restrictiveness programs or postcommitment 16 probation. A juvenile under minimum-risk nonresidential 17 commitment placement will continue to be on commitment status 18 and subject to the transfer provision under s. 985.404. A 19 juvenile on postcommitment probation will be subject to the 20 provisions under s. 985.231(1)(a). 21 (5) Participation in the educational program by 22 students of compulsory school attendance age pursuant to s. 23 232.01 is mandatory for juvenile justice youth on conditional 24 release aftercare or postcommitment probation community 25 control status. A student of noncompulsory school-attendance 26 age who has not received a high school diploma or its 27 equivalent must participate in the educational program. A 28 youth who has received a high school diploma or its equivalent 29 and is not employed must participate in workforce development 30 or other vocational or technical education or attend a 31 community college or a university while in the program, 45 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subject to available funding. 2 Section 26. Subsections (3) and (4) of section 3 985.404, Florida Statutes, are amended to read: 4 985.404 Administering the juvenile justice 5 continuum.-- 6 (3)(a) The department shall develop or contract for 7 diversified and innovative programs to provide rehabilitative 8 treatment, including early intervention and prevention, 9 diversion, comprehensive intake, case management, diagnostic 10 and classification assessments, individual and family 11 counseling, shelter care, diversified detention care 12 emphasizing alternatives to secure detention, diversified 13 probation, halfway houses, foster homes, community-based 14 substance abuse treatment services, community-based mental 15 health treatment services, community-based residential and 16 nonresidential programs, environmental programs, and programs 17 for serious or habitual juvenile offenders. Each program shall 18 place particular emphasis on reintegration and conditional 19 release for all children in the program. 20 (b) The Legislature intends that, whenever possible 21 and reasonable, the department make every effort to consider 22 qualified faith-based organizations on an equal basis with 23 other private organizations when selecting contract providers 24 of services to juveniles. 25 (c) The department may contract with faith-based 26 organizations on the same basis as any other nongovernmental 27 provider, without impairing the religious character of such 28 organizations. Any faith-based organization may act as a 29 contractor in the delivery of services under any program, on 30 the same basis as any other nongovernmental provider, without 31 impairing the religious character of such organization. A 46 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 faith-based organization, which has entered into a contract 2 with the department, shall retain its independence from state 3 and local governments with regard to control over the 4 definition, development, practice, and expression of its 5 religious beliefs. The department shall not require a 6 faith-based organization to alter its form of internal 7 government or remove religious art, icons, scripture, or other 8 symbols in order to be eligible to contract as a provider. 9 (d) The department may include in any services 10 contract a requirement that providers prepare plans describing 11 their implementation of paragraphs (a) and (c) of this 12 subsection. A failure to deliver such plans, if required, may 13 be considered by the department as a breach of the contract 14 that may result in cancellation of the contract. 15 (4) The department may transfer a child, when 16 necessary to appropriately administer the child's commitment, 17 from one facility or program to another facility or program 18 operated, contracted, subcontracted, or designated by the 19 department, including a postcommitment minimum-risk 20 nonresidential conditional release program. The department 21 shall notify the court that committed the child to the 22 department and any attorney of record, in writing, of its 23 intent to transfer the child from a commitment facility or 24 program to another facility or program of a higher or lower 25 restrictiveness level. The court that committed the child may 26 agree to the transfer or may set a hearing to review the 27 transfer. If the court does not respond within 10 days after 28 receipt of the notice, the transfer of the child shall be 29 deemed granted. 30 Section 27. Section 985.412, Florida Statutes, is 31 amended to read: 47 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 985.412 Quality assurance and cost-effectiveness.-- 2 (1)(a) It is the intent of the Legislature that the 3 department to: 4 (a)1. Ensure that information be provided to 5 decisionmakers in a timely manner so that resources are 6 allocated to programs of the department which achieve desired 7 performance levels. 8 (b)2. Provide information about the cost of such 9 programs and their differential effectiveness so that the 10 quality of such programs can be compared and improvements made 11 continually. 12 (c)3. Provide information to aid in developing related 13 policy issues and concerns. 14 (d)4. Provide information to the public about the 15 effectiveness of such programs in meeting established goals 16 and objectives. 17 (e)5. Provide a basis for a system of accountability 18 so that each client is afforded the best programs to meet his 19 or her needs. 20 (f)6. Improve service delivery to clients. 21 (g)7. Modify or eliminate activities that are not 22 effective. 23 (2)(b) As used in this section subsection, the term: 24 (a)1. "Client" means any person who is being provided 25 treatment or services by the department or by a provider under 26 contract with the department. 27 (b)2. "Program component" means an aggregation of 28 generally related objectives which, because of their special 29 character, related workload, and interrelated output, can 30 logically be considered an entity for purposes of 31 organization, management, accounting, reporting, and 48 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 budgeting. 2 (c)3. "Program effectiveness" means the ability of the 3 program to achieve desired client outcomes, goals, and 4 objectives. 5 (3) The department shall annually collect and report 6 cost data for every program operated or contracted by the 7 department. The cost data shall conform to a format approved 8 by the department and the Legislature. Uniform cost data shall 9 be reported and collected for state-operated and contracted 10 programs so that comparisons can be made among programs. The 11 department shall ensure that there is accurate cost accounting 12 for state-operated services including market-equivalent rent 13 and other shared cost. The cost of the educational program 14 provided to a residential facility shall be reported and 15 included in the cost of a program. The department shall submit 16 an annual cost report to the President of the Senate, the 17 Speaker of the House of Representatives, the Minority Leader 18 of each house of the Legislature, the appropriate substantive 19 and fiscal committees of each house of the Legislature, and 20 the Governor, no later than December 1 of each year. 21 Cost-benefit analysis for educational programs will be 22 developed and implemented in collaboration with and in 23 cooperation with the Department of Education, local providers, 24 and local school districts. Cost data for the report shall 25 include data collected by the Department of Education for the 26 purposes of preparing the annual report required by s. 27 230.23161(21). 28 (4)(a) The Department of Juvenile Justice, in 29 consultation with the Office of Economic and Demographic 30 Research, and contract service providers, shall develop a 31 cost-effectiveness model and apply the model to each 49 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 commitment program. Program recidivism rates shall be a 2 component of the model. The cost-effectiveness model shall 3 compare program costs to client outcomes and program outputs. 4 It is the intent of the Legislature that continual development 5 efforts take place to improve the validity and reliability of 6 the cost-effectiveness model and to integrate the standard 7 methodology developed under s. 985.401(4) for interpreting 8 program outcome evaluations. 9 (b) The department shall rank commitment programs 10 based on the cost-effectiveness model and shall submit a 11 report to the appropriate substantive and fiscal committees of 12 each house of the Legislature by December 31 of each year. 13 (c) Based on reports of the department on client 14 outcomes and program outputs and on the department's most 15 recent cost-effectiveness rankings, the department may 16 terminate a program operated by the department or a provider 17 if the program has failed to achieve a minimum threshold of 18 program effectiveness. This paragraph does not preclude the 19 department from terminating a contract as provided under s. 20 985.412 or as otherwise provided by law or contract, and does 21 not limit the department's authority to enter into or 22 terminate a contract. 23 (d) In collaboration with the Office of Economic and 24 Demographic Research, and contract service providers, the 25 department shall develop a work plan to refine the 26 cost-effectiveness model so that the model is consistent with 27 the performance-based program budgeting measures approved by 28 the Legislature to the extent the department deems 29 appropriate. The department shall notify the Office of Program 30 Policy Analysis and Government Accountability of any meetings 31 to refine the model. 50 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (e) Contingent upon specific appropriation, the 2 department, in consultation with the Office of Economic and 3 Demographic Research, and contract service providers, shall: 4 1. Construct a profile of each commitment program that 5 uses the results of the quality assurance report required by 6 s. 985.412, the cost-effectiveness report required in this 7 subsection, and other reports available to the department. 8 2. Target, for a more comprehensive evaluation, any 9 commitment program that has achieved consistently high, low, 10 or disparate ratings in the reports required under 11 subparagraph 1. 12 3. Identify the essential factors that contribute to 13 the high, low, or disparate program ratings. 14 4. Use the results of these evaluations in developing 15 or refining juvenile justice programs or program models, 16 client outcomes and program outputs, provider contracts, 17 quality assurance standards, and the cost-effectiveness model. 18 (5)(c) The department shall: 19 (a)1. Establish a comprehensive quality assurance 20 system for each program operated by the department or operated 21 by a provider under contract with the department. Each 22 contract entered into by the department must provide for 23 quality assurance. 24 (b)2. Provide operational definitions of and criteria 25 for quality assurance for each specific program component. 26 (c)3. Establish quality assurance goals and objectives 27 for each specific program component. 28 (d)4. Establish the information and specific data 29 elements required for the quality assurance program. 30 (e)5. Develop a quality assurance manual of specific, 31 standardized terminology and procedures to be followed by each 51 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 program. 2 (f)6. Evaluate each program operated by the department 3 or a provider under a contract with the department and 4 establish minimum thresholds for each program component. If a 5 provider fails to meet the established minimum thresholds, 6 such failure shall cause the department to cancel the 7 provider's contract unless the provider achieves compliance 8 with minimum thresholds within 6 months or unless there are 9 documented extenuating circumstances. In addition, the 10 department may not contract with the same provider for the 11 canceled service for a period of 12 months. If a 12 department-operated program fails to meet the established 13 minimum thresholds, the department must take necessary and 14 sufficient steps to ensure and document program changes to 15 achieve compliance with the established minimum thresholds. If 16 the department-operated program fails to achieve compliance 17 with the established minimum thresholds within 6 months and if 18 there are no documented extenuating circumstances, the 19 department must notify the Executive Office of the Governor 20 and the Legislature of the corrective action taken. 21 Appropriate corrective action may include, but is not limited 22 to: 23 1.a. Contracting out for the services provided in the 24 program; 25 2.b. Initiating appropriate disciplinary action 26 against all employees whose conduct or performance is deemed 27 to have materially contributed to the program's failure to 28 meet established minimum thresholds; 29 3.c. Redesigning the program; or 30 4.d. Realigning the program. 31 52 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 The department shall submit an annual report to the President 2 of the Senate, the Speaker of the House of Representatives, 3 the Minority Leader of each house of the Legislature, the 4 appropriate substantive and fiscal committees of each house of 5 the Legislature, and the Governor, no later than February 1 of 6 each year. The annual report must contain, at a minimum, for 7 each specific program component: a comprehensive description 8 of the population served by the program; a specific 9 description of the services provided by the program; cost; a 10 comparison of expenditures to federal and state funding; 11 immediate and long-range concerns; and recommendations to 12 maintain, expand, improve, modify, or eliminate each program 13 component so that changes in services lead to enhancement in 14 program quality. The department shall ensure the reliability 15 and validity of the information contained in the report. 16 (6)(2) The department shall collect and analyze 17 available statistical data for the purpose of ongoing 18 evaluation of all programs. The department shall provide the 19 Legislature with necessary information and reports to enable 20 the Legislature to make informed decisions regarding the 21 effectiveness of, and any needed changes in, services, 22 programs, policies, and laws. 23 (7) No later than November 1, 2001, the department 24 shall submit a proposal to the Legislature concerning funding 25 incentives and disincentives for the department and for 26 providers under contract with the department. The 27 recommendations for funding incentives and disincentives shall 28 be based upon both quality assurance performance and 29 cost-effectiveness performance. The proposal should strive to 30 achieve consistency in incentives and disincentives for both 31 department-operated and contractor-provided programs. The 53 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 department may include recommendations for the use of 2 liquidated damages in the proposal; however, the department is 3 not presently authorized to contract for liquidated damages. 4 Section 28. Subsection (1) of section 985.417, Florida 5 Statutes, is amended to read: 6 985.417 Transfer of children from the Department of 7 Corrections to the Department of Juvenile Justice.-- 8 (1) When any child under the age of 18 years is 9 sentenced by any court of competent jurisdiction to the 10 Department of Corrections, the Secretary of Juvenile Justice 11 may transfer such child to the department for the remainder of 12 the sentence, or until his or her 21st birthday, whichever 13 results in the shorter term. If, upon such person's attaining 14 his or her 21st birthday, the sentence has not terminated, he 15 or she shall be transferred to the Department of Corrections 16 for placement in a youthful offender program, transferred or, 17 with the commission's consent, to the supervision of the 18 department, or be given any other transfer that may lawfully 19 be made. 20 Section 29. Subsections (2) and (3) of section 14 of 21 chapter 2000-134, Laws of Florida, are amended to read: 22 Section 14. Juvenile Arrest and Monitor Unit pilot 23 program; creation; operation; duties of Orange County 24 Sheriff's Office and Department of Juvenile Justice.-- 25 (2) Under the pilot program created in subsection (1), 26 the Orange County Sheriff's Office shall monitor selected 27 juvenile offenders on probation community control in Orange 28 County. The Department of Juvenile Justice shall recommend 29 juvenile offenders on probation community control, 30 post-commitment probation community control, and conditional 31 release aftercare to be supervised under this program. The 54 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Orange County Sheriff's Office has the sole right and 2 authority to accept or reject any or all juvenile offenders 3 who have been recommended by the Department of Juvenile 4 Justice to the Juvenile Arrest and Monitor Unit. The sheriff's 5 office shall determine the number of juvenile offenders it 6 will supervise. The Department of Juvenile Justice shall 7 monthly recommend juvenile offenders to the sheriff's office, 8 to ensure that the program operates at maximum capacity as 9 determined by the sheriff's office. The Juvenile Arrest and 10 Monitor Unit shall supervise up to 25 juveniles per deputy 11 assigned to the unit. The Juvenile Arrest and Monitor Unit 12 will accept juvenile offenders who have been determined by the 13 Department of Juvenile Justice to be on probation community 14 control, post-commitment probation community control, and 15 conditional release aftercare. The Orange County Sheriff's 16 Office shall use all statutorily available means, ranging from 17 a verbal warning to arrest and incarceration, to effect 18 offenders' compliance with the terms of probation community 19 control. 20 (3) The Department of Juvenile Justice shall maintain 21 all files and paperwork relating to all juveniles on probation 22 community control, post-commitment probation community 23 control, and conditional release aftercare who are supervised 24 under this pilot program as required by the Florida Statutes. 25 Section 30. Section 985.42, Florida Statutes, is 26 created to read: 27 985.42 Inspector general; inspectors.--The secretary 28 is authorized to designate persons holding law enforcement 29 certification within the Office of the Inspector General as 30 law enforcement officers, as necessary, to enforce any 31 criminal law, and conduct any criminal investigation that 55 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 relates to state-operated programs or state-operated 2 facilities over which the department has jurisdiction. Persons 3 designated as law enforcement officers must be certified 4 pursuant to s. 943.1395. 5 Section 31. Effective upon this act becoming a law, 6 section 985.422, Florida Statutes, is created to read: 7 985.422 Maintenance of state-owned facilities.-- 8 (1) If the terms of a provider contract require or 9 allow the department to withhold a portion of the provider's 10 payment to establish a fund for significant maintenance, 11 repairs, or upgrades to state-owned or leased facilities, the 12 department shall deposit all such withheld payments into the 13 Administrative Trust Fund, which shall be used for such 14 purposes pursuant to lawful appropriation. 15 (2) This section is repealed July 1, 2002. 16 Section 32. Paragraph (b) of subsection (4) of section 17 985.401, Florida Statutes, is amended to read: 18 985.401 Juvenile Justice Advisory Board.-- 19 (4) 20 (b) In developing the standard methodology, the board 21 shall consult with the department, the Office of Economic and 22 Demographic Research, contract service providers, and other 23 interested parties. It is the intent of the Legislature that 24 this effort result in consensus recommendations, and, to the 25 greatest extent possible, integrate the goals and 26 legislatively approved measures of performance-based program 27 budgeting provided in chapter 94-249, Laws of Florida, and the 28 quality assurance program provided in s. 985.412, and the 29 cost-effectiveness model provided in s. 985.404(11). The board 30 shall notify the Office of Program Policy Analysis and 31 Government Accountability of any meetings to develop the 56 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 methodology. 2 Section 33. Subsections (10) and (11) of section 3 985.404, Florida Statutes, are repealed. 4 Section 34. Except as otherwise provided, this act 5 shall take effect October 1, 2001. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 remove from the title of the bill: the entire title 11 12 and insert in lieu thereof: 13 A bill to be entitled 14 An act relating to juvenile justice; amending 15 s. 20.316, F.S.; revising the juvenile justice 16 continuum to include community-based 17 residential commitment programs; deleting a 18 requirement that information systems of the 19 Department of Juvenile Justice support the 20 Juvenile Justice Advisory Board; amending s. 21 228.041, F.S.; authorizing additional teacher 22 planning days for nonresidential programs of 23 the Department of Juvenile Justice upon the 24 request of the provider; amending s. 230.23161, 25 F.S.; providing legislative goals with respect 26 to education within department programs; 27 amending s. 435.04, F.S.; revising requirements 28 for level-2 screening standards for persons in 29 positions of trust or responsibility; providing 30 requirements for background investigations for 31 employees of the Department of Juvenile 57 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Justice; limiting the department's authority to 2 provide an exemption; creating s. 943.0582, 3 F.S.; providing for prearrest, postarrest, or 4 teen court diversion program expunction in 5 certain circumstances; providing for 6 retroactive effect; amending s. 985.3065, F.S.; 7 providing for postarrest diversion programs; 8 providing for expunction of records; amending 9 s. 943.325, F.S.; requiring DNA analysis of 10 persons who have committed certain offenses and 11 who are transferred to the state under the 12 Interstate Compact on Juveniles; amending ss. 13 984.01 and 985.01, F.S., relating to personnel 14 standards and screening; requiring the 15 Department of Juvenile Justice and the 16 Department of Children and Family Services to 17 ensure that certain contractors are of good 18 moral character; amending s. 985.02, F.S.; 19 clarifying legislative intent concerning the 20 responsibilities of parents, custodians, and 21 guardians of children in the juvenile justice 22 system; amending s. 985.03, F.S.; revising 23 definitions; defining the term "respite" for 24 purposes of ch. 985, F.S.; amending s. 985.04, 25 F.S.; providing that certain records maintained 26 by the Department of Juvenile Justice need only 27 be retained for 25 years; expanding the 28 circumstances under which certain juvenile 29 records are not considered confidential and 30 exempt solely because of age; amending ss. 31 985.207 and 985.213, F.S.; clarifying 58 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 circumstances under which a juvenile is taken 2 into custody and assessed for placement; 3 requiring the parent or guardian to provide 4 certain information; amending s. 985.21, F.S.; 5 requiring the parent or guardian of a juvenile 6 to provide certain information to the juvenile 7 probation officer; amending s. 985.215, F.S.; 8 revising provisions related to the collection 9 of certain fees; authorizing placing a juvenile 10 into secure detention under certain 11 circumstances for a specified period; 12 authorizing the clerk of the circuit court to 13 act as depository for fees; requiring the 14 parent or guardian to provide certain 15 information; providing for retroactive effect; 16 amending s. 985.227, F.S.; revising 17 requirements for state attorneys with respect 18 to reporting direct-file guidelines; amending 19 ss. 985.231 and 985.233, F.S.; revising certain 20 requirements for testing a juvenile for the use 21 of alcohol or controlled substances; revising 22 provisions related to the collection of certain 23 fees; authorizing the clerk of the circuit 24 court to act as depository for fees; requiring 25 the parent or guardian to provide certain 26 information; providing for retroactive effect; 27 amending s. 985.305, F.S.; revising services 28 provided under the early delinquency 29 intervention program; amending s. 985.31, F.S., 30 relating to serious or habitual juvenile 31 offenders; conforming provisions to changes 59 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 made by the act; amending s. 985.3155, F.S.; 2 revising requirements for the multiagency plan 3 for vocational education; amending s. 985.316, 4 F.S.; revising conditions under which a 5 juvenile may be released on conditional 6 release; amending s. 985.404, F.S.; providing 7 legislative intent with regard to contracting 8 with faith-based organizations that provide 9 services to juveniles; clarifying conditions 10 under which a juvenile may be transferred; 11 deleting language relating to the collection 12 and reporting of cost data and program ranking; 13 amending s. 985.412, F.S.; adding requirements 14 relating to the collection and reporting of 15 cost data and program ranking; requiring the 16 Department of Juvenile Justice to submit 17 proposals for funding incentives and 18 disincentives based upon quality assurance 19 performance and cost-effectiveness performance 20 to the Legislature by a date certain; amending 21 s. 985.417, F.S.; revising conditions for 22 transferring a juvenile from the Department of 23 Corrections to the supervision of the 24 Department of Juvenile Justice; amending s. 14 25 of ch. 2000-134, Laws of Florida; revising 26 requirements for monitoring and supervising 27 juvenile offenders under a pilot program; 28 creating s. 985.42, F.S.; authorizing the 29 secretary to designate certain employees as law 30 enforcement officers; creating s. 985.422, 31 F.S.; authorizing the deposit of repair and 60 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371
HOUSE AMENDMENT 723-145AX-32 Bill No. CS/CS/HB 267, 1st Eng. Amendment No. ___ (for drafter's use only) 1 maintenance funds into the Administrative Trust 2 Fund; amending s. 985.401, F.S., to conform; 3 repealing s. 985.404(10) and (11), F.S., 4 relating to an annual cost data collection and 5 reporting program of the Department of Juvenile 6 Justice and cost-effectiveness model 7 development and application to commitment 8 programs of the department; providing effective 9 dates. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 61 File original & 9 copies 04/30/01 hbd0005 09:05 pm 00267-0107-550371