House Bill hb0267c1
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Florida House of Representatives - 2001 CS/HB 267
By the Committee on Juvenile Justice and Representatives
Kravitz, Barreiro, Davis, Wiles, Baxley, Needelman, Bean,
Hogan, Negron, Kottkamp, Detert, Richardson, Gannon, Pickens,
Fields, Byrd, Alexander and Berfield
1 A bill to be entitled
2 An act relating to school attendance by violent
3 offenders; amending s. 230.235, F.S.; requiring
4 schools to adopt a policy of zero tolerance for
5 victimization of students; requiring each
6 school district to enter into an agreement with
7 the Department of Juvenile Justice for the
8 purpose of protecting victims; amending s.
9 231.0851, F.S.; requiring principals to take
10 certain actions when a student has been a
11 victim of a violent crime perpetrated by
12 another student; providing ineligibility for
13 certain performance pay policy incentives under
14 certain circumstances; creating s. 232.265,
15 F.S.; requiring the Department of Juvenile
16 Justice to provide certain notice to school
17 districts under certain circumstances;
18 prohibiting certain persons from attending
19 certain schools or riding on certain school
20 buses under certain circumstances; providing
21 for attending alternate schools; assigning
22 responsibility for certain transportation under
23 certain circumstances; amending s. 960.001,
24 F.S.; providing an additional guideline for
25 attendance of a victim at the same school as a
26 juvenile defendant; amending s. 985.228, F.S.;
27 requiring certain court orders to include
28 certain findings; amending s. 985.23, F.S.;
29 requiring a court to determine the
30 appropriateness of a no contact order under
31 certain circumstances; amending s. 985.231,
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1 F.S.; requiring a court placement order or a
2 commitment order to include certain findings;
3 providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 230.235, Florida Statutes, is
8 amended to read:
9 230.235 Policy of zero tolerance for crime and
10 victimization.--
11 (1) Each school district shall, pursuant to this
12 section, adopt a policy of zero tolerance for:
13 (a) Crime and substance abuse pursuant to this
14 section. Such a policy shall include the reporting of
15 delinquent acts and crimes occurring whenever and wherever
16 students are under the jurisdiction of the school district.
17 (b) Victimization of students. Such a policy shall
18 include taking all steps necessary to protect the victim of
19 any violent crime from any further victimization.
20 (2) The policy shall require students found to have
21 committed one of the following offenses to be expelled, with
22 or without continuing educational services, from the student's
23 regular school for a period of not less than 1 full year, and
24 to be referred for criminal prosecution:
25 (a) Bringing a firearm or weapon, as defined in
26 chapter 790, to school, to any school function, or onto any
27 school-sponsored transportation.
28 (b) Making a threat or false report, as defined by ss.
29 790.162 and 790.163, respectively, involving school or school
30 personnel's property, school transportation, or a
31 school-sponsored activity.
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2 District school boards may assign the student to a
3 disciplinary program or second chance school for the purpose
4 of continuing educational services during the period of
5 expulsion. Superintendents may consider the 1-year expulsion
6 requirement on a case-by-case basis and request the district
7 school board to modify the requirement by assigning the
8 student to a disciplinary program or second chance school if
9 it is determined to be in the best interest of the student and
10 the school system. If a student committing any of the offenses
11 in this subsection is a student with a disability, the school
12 district shall comply with procedures pursuant to s. 232.251
13 and any applicable state board rule.
14 (3) Each school district shall enter into an agreement
15 with the county sheriff's office or local police department
16 specifying guidelines for ensuring that felonies and violent
17 misdemeanors, whether committed by a student or adult, and
18 delinquent acts that would be felonies or violent misdemeanors
19 if committed by an adult, are reported to law enforcement. The
20 cooperative agreement, adopted pursuant to s. 230.23161(14)
21 with the Department of Juvenile Justice, shall specify
22 guidelines for ensuring that all no contact orders entered by
23 the court are reported and enforced and that all steps
24 necessary are taken to protect the victim of any such crime.
25 Such agreements shall include the role of school resource
26 officers, if applicable, in handling reported incidents,
27 special circumstances in which school officials may handle
28 incidents without filing a report to law enforcement, and a
29 procedure for ensuring that school personnel properly report
30 appropriate delinquent acts and crimes. The school principal
31 shall be responsible for ensuring that all school personnel
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1 are properly informed as to their responsibilities regarding
2 crime reporting, that appropriate delinquent acts and crimes
3 are properly reported, and that actions taken in cases with
4 special circumstances are properly taken and documented.
5 Section 2. Section 231.0851, Florida Statutes, is
6 amended to read:
7 231.0851 Reports of school safety and discipline.--
8 (1) Each principal must ensure that standardized forms
9 prescribed by rule of the State Board of Education are used to
10 report data concerning school safety and discipline to the
11 Department of Education. The principal must develop a plan to
12 verify the accuracy of reported incidents.
13 (2) When a student has been the victim of a violent
14 crime perpetrated by another student who attends the same
15 school, the principal shall make full and effective use of the
16 provisions of ss. 232.26(2) and 232.265. A principal who fails
17 to comply with this subsection shall be ineligible for any
18 portion of the performance pay policy incentive under s.
19 230.23(5)(c).
20 Section 3. Section 232.265, Florida Statutes, is
21 created to read:
22 232.265 School attendance and transportation of
23 certain offenders.--
24 (1) Notwithstanding any provision of law prohibiting
25 the disclosure of the identity of a minor, whenever any person
26 who is attending public school is adjudicated guilty of or
27 delinquent for, or is found to have committed, regardless of
28 whether adjudication is withheld, or pleads guilty or nolo
29 contendere to, a felony violation of:
30 (a) Chapter 782, relating to homicide;
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1 (b) Chapter 784, relating to assault, battery, and
2 culpable negligence;
3 (c) Chapter 787, relating to kidnapping, false
4 imprisonment, luring or enticing a child, and custody
5 offenses;
6 (d) Chapter 794, relating to sexual battery;
7 (e) Chapter 800, relating to lewdness and indecent
8 exposure;
9 (f) Chapter 827, relating to abuse of children;
10 (g) Section 812.13, relating to robbery;
11 (h) Section 812.131, relating to robbery by sudden
12 snatching;
13 (i) Section 812.133, relating to carjacking; or
14 (j) Section 812.135, relating to home-invasion
15 robbery,
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17 and, before or at the time of such adjudication, withholding
18 of adjudication, or plea, the offender was attending a school
19 attended by the victim or a sibling of the victim of the
20 offense, the Department of Juvenile Justice shall notify the
21 appropriate school district of the adjudication or plea and
22 the operation of this section and that the offender is
23 prohibited from attending that school or riding on a school
24 bus whenever the victim or a sibling of the victim is
25 attending the same school or riding on the same school bus.
26 Upon receipt of such notice, the school district shall take
27 appropriate action to effectuate the provisions of subsection
28 (2).
29 (2) Any offender described in subsection (1) shall not
30 attend any school attended by the victim or a sibling of the
31 victim of the offense or ride on a school bus on which the
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1 victim or a sibling of the victim is riding. The offender
2 shall be permitted by the school district in which the
3 offender resides to attend another school within the district,
4 provided the other school is not attended by the victim or
5 sibling of the victim of the offense or may be permitted by
6 another school district to attend a school in that district if
7 the offender is unable to attend any school in the district in
8 which the offender resides due to the operation of this
9 section.
10 (3) If the offender is unable to attend any other
11 school in the district in which the offender resides and is
12 prohibited from attending school in another school district,
13 the school district in which the offender resides shall take
14 every reasonable precaution to keep the offender separated
15 from the victim while on school grounds or on school
16 transportation. The steps to be taken by a school district to
17 keep the offender separated from the victim shall include, but
18 not be limited to, in-school suspension of the offender and
19 the scheduling of classes, lunch, or other school activities
20 of the victim and the offender so as not to coincide.
21 (4) The offender, or the parents or legal guardian of
22 the offender if the offender is a juvenile, shall be
23 responsible for arranging and paying for transportation
24 associated with or required by the offender's attending
25 another school or that would be required as a consequence of
26 the prohibition against riding on a school bus on which the
27 victim or a sibling of the victim is riding. However, the
28 offender or the parents or the legal guardian of the offender
29 shall not be charged for existing modes of transportation that
30 can be used by the offender at no additional cost to the
31 district.
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1 Section 4. Paragraph (s) is added to subsection (1) of
2 section 960.001, Florida Statutes, to read:
3 960.001 Guidelines for fair treatment of victims and
4 witnesses in the criminal justice and juvenile justice
5 systems.--
6 (1) The Department of Legal Affairs, the state
7 attorneys, the Department of Corrections, the Department of
8 Juvenile Justice, the Parole Commission, the State Courts
9 Administrator and circuit court administrators, the Department
10 of Law Enforcement, and every sheriff's department, police
11 department, or other law enforcement agency as defined in s.
12 943.10(4) shall develop and implement guidelines for the use
13 of their respective agencies, which guidelines are consistent
14 with the purposes of this act and s. 16(b), Art. I of the
15 State Constitution and are designed to implement the
16 provisions of s. 16(b), Art. I of the State Constitution and
17 to achieve the following objectives:
18 (s) Attendance of victim at same school as
19 defendant.--When the victim of an offense committed by a
20 juvenile is a minor, the Department of Juvenile Justice shall
21 request information to determine if the victim, or any sibling
22 of the victim, attends or is eligible to attend the same
23 school as the offender. However, if the offender is subject to
24 the jurisdiction of the criminal circuit court, the Department
25 of Corrections shall make such request. If the victim or any
26 sibling of the victim attends or is eligible to attend the
27 same school as that of the offender, the appropriate agency
28 shall notify the victim's parent or legal guardian of the
29 right to attend the sentencing or disposition of the offender
30 and request that the offender be required to attend a
31 different school.
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1 Section 5. Subsection (4) of section 985.228, Florida
2 Statutes, is amended to read:
3 985.228 Adjudicatory hearings; withheld adjudications;
4 orders of adjudication.--
5 (4) If the court finds that the child named in the
6 petition has committed a delinquent act or violation of law,
7 it may, in its discretion, enter an order stating the facts
8 upon which its finding is based but withholding adjudication
9 of delinquency and placing the child in a probation program
10 under the supervision of the department or under the
11 supervision of any other person or agency specifically
12 authorized and appointed by the court. The court may, as a
13 condition of the program, impose as a penalty component
14 restitution in money or in kind, community service, a curfew,
15 urine monitoring, revocation or suspension of the driver's
16 license of the child, or other nonresidential punishment
17 appropriate to the offense, and may impose as a rehabilitative
18 component a requirement of participation in substance abuse
19 treatment, or school or other educational program attendance.
20 If the child is attending public school and the court finds
21 that the victim or a sibling of the victim in the case was
22 assigned to attend or is eligible to attend the same school as
23 the child, the court order shall include a finding pursuant to
24 the proceedings described in s. 985.23(1)(d). If the court
25 later finds that the child has not complied with the rules,
26 restrictions, or conditions of the community-based program,
27 the court may, after a hearing to establish the lack of
28 compliance, but without further evidence of the state of
29 delinquency, enter an adjudication of delinquency and shall
30 thereafter have full authority under this chapter to deal with
31 the child as adjudicated.
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1 Section 6. Paragraph (d) of subsection (1) of section
2 985.23, Florida Statutes, is amended to read:
3 985.23 Disposition hearings in delinquency
4 cases.--When a child has been found to have committed a
5 delinquent act, the following procedures shall be applicable
6 to the disposition of the case:
7 (1) Before the court determines and announces the
8 disposition to be imposed, it shall:
9 (d) Give all parties present at the hearing an
10 opportunity to comment on the issue of disposition and any
11 proposed rehabilitative plan. Parties to the case shall
12 include the parents, legal custodians, or guardians of the
13 child; the child's counsel; the state attorney;
14 representatives of the department; the victim if any, or his
15 or her representative; representatives of the school system;
16 and the law enforcement officers involved in the case. If the
17 child is attending or is eligible to attend public school and
18 the court finds that the victim or a sibling of the victim in
19 the case is attending or may attend the same school as the
20 child, the court shall, on its own motion or upon the request
21 of any party or any parent or legal guardian of the victim,
22 determine whether it is appropriate to enter a no contact
23 order in favor of the victim or a sibling of the victim.
24
25 It is the intent of the Legislature that the criteria set
26 forth in subsection (2) are general guidelines to be followed
27 at the discretion of the court and not mandatory requirements
28 of procedure. It is not the intent of the Legislature to
29 provide for the appeal of the disposition made pursuant to
30 this section.
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1 Section 7. Paragraph (a) of subsection (1) of section
2 985.231, Florida Statutes, is amended to read:
3 985.231 Powers of disposition in delinquency cases.--
4 (1)(a) The court that has jurisdiction of an
5 adjudicated delinquent child may, by an order stating the
6 facts upon which a determination of a sanction and
7 rehabilitative program was made at the disposition hearing:
8 1. Place the child in a probation program or a
9 postcommitment probation program under the supervision of an
10 authorized agent of the Department of Juvenile Justice or of
11 any other person or agency specifically authorized and
12 appointed by the court, whether in the child's own home, in
13 the home of a relative of the child, or in some other suitable
14 place under such reasonable conditions as the court may
15 direct. A probation program for an adjudicated delinquent
16 child must include a penalty component such as restitution in
17 money or in kind, community service, a curfew, revocation or
18 suspension of the driver's license of the child, or other
19 nonresidential punishment appropriate to the offense and must
20 also include a rehabilitative program component such as a
21 requirement of participation in substance abuse treatment or
22 in school or other educational program. If the child is
23 attending or is eligible to attend public school and the court
24 finds that the victim or a sibling of the victim in the case
25 is attending or may attend the same school as the child, the
26 court placement order shall include a finding pursuant to the
27 proceedings described in s. 985.23(1)(d). Upon the
28 recommendation of the department at the time of disposition,
29 or subsequent to disposition pursuant to the filing of a
30 petition alleging a violation of the child's conditions of
31 postcommitment probation or conditional release supervision,
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1 the court may order the child to submit to random testing for
2 the purpose of detecting and monitoring the use of alcohol or
3 controlled substances.
4 a. A restrictiveness level classification scale for
5 levels of supervision shall be provided by the department,
6 taking into account the child's needs and risks relative to
7 probation supervision requirements to reasonably ensure the
8 public safety. Probation programs for children shall be
9 supervised by the department or by any other person or agency
10 specifically authorized by the court. These programs must
11 include, but are not limited to, structured or restricted
12 activities as described in this subparagraph, and shall be
13 designed to encourage the child toward acceptable and
14 functional social behavior. If supervision or a program of
15 community service is ordered by the court, the duration of
16 such supervision or program must be consistent with any
17 treatment and rehabilitation needs identified for the child
18 and may not exceed the term for which sentence could be
19 imposed if the child were committed for the offense, except
20 that the duration of such supervision or program for an
21 offense that is a misdemeanor of the second degree, or is
22 equivalent to a misdemeanor of the second degree, may be for a
23 period not to exceed 6 months. When restitution is ordered by
24 the court, the amount of restitution may not exceed an amount
25 the child and the parent or guardian could reasonably be
26 expected to pay or make. A child who participates in any work
27 program under this part is considered an employee of the state
28 for purposes of liability, unless otherwise provided by law.
29 b. The court may conduct judicial review hearings for
30 a child placed on probation for the purpose of fostering
31 accountability to the judge and compliance with other
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1 requirements, such as restitution and community service. The
2 court may allow early termination of probation for a child who
3 has substantially complied with the terms and conditions of
4 probation.
5 c. If the conditions of the probation program or the
6 postcommitment probation program are violated, the department
7 or the state attorney may bring the child before the court on
8 a petition alleging a violation of the program. Any child who
9 violates the conditions of probation or postcommitment
10 probation must be brought before the court if sanctions are
11 sought. A child taken into custody under s. 985.207 for
12 violating the conditions of probation or postcommitment
13 probation shall be held in a consequence unit if such a unit
14 is available. The child shall be afforded a hearing within 24
15 hours after being taken into custody to determine the
16 existence of probable cause that the child violated the
17 conditions of probation or postcommitment probation. A
18 consequence unit is a secure facility specifically designated
19 by the department for children who are taken into custody
20 under s. 985.207 for violating probation or postcommitment
21 probation, or who have been found by the court to have
22 violated the conditions of probation or postcommitment
23 probation. If the violation involves a new charge of
24 delinquency, the child may be detained under s. 985.215 in a
25 facility other than a consequence unit. If the child is not
26 eligible for detention for the new charge of delinquency, the
27 child may be held in the consequence unit pending a hearing
28 and is subject to the time limitations specified in s.
29 985.215. If the child denies violating the conditions of
30 probation or postcommitment probation, the court shall appoint
31 counsel to represent the child at the child's request. Upon
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1 the child's admission, or if the court finds after a hearing
2 that the child has violated the conditions of probation or
3 postcommitment probation, the court shall enter an order
4 revoking, modifying, or continuing probation or postcommitment
5 probation. In each such case, the court shall enter a new
6 disposition order and, in addition to the sanctions set forth
7 in this paragraph, may impose any sanction the court could
8 have imposed at the original disposition hearing. If the child
9 is found to have violated the conditions of probation or
10 postcommitment probation, the court may:
11 (I) Place the child in a consequence unit in that
12 judicial circuit, if available, for up to 5 days for a first
13 violation, and up to 15 days for a second or subsequent
14 violation.
15 (II) Place the child on home detention with electronic
16 monitoring. However, this sanction may be used only if a
17 residential consequence unit is not available.
18 (III) Modify or continue the child's probation program
19 or postcommitment probation program.
20 (IV) Revoke probation or postcommitment probation and
21 commit the child to the department.
22 d. Notwithstanding s. 743.07 and paragraph (d), and
23 except as provided in s. 985.31, the term of any order placing
24 a child in a probation program must be until the child's 19th
25 birthday unless he or she is released by the court, on the
26 motion of an interested party or on its own motion.
27 2. Commit the child to a licensed child-caring agency
28 willing to receive the child, but the court may not commit the
29 child to a jail or to a facility used primarily as a detention
30 center or facility or shelter.
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1 3. Commit the child to the Department of Juvenile
2 Justice at a residential commitment restrictiveness level
3 defined in s. 985.03. Such commitment must be for the purpose
4 of exercising active control over the child, including, but
5 not limited to, custody, care, training, urine monitoring, and
6 treatment of the child and release of the child into the
7 community in a postcommitment nonresidential conditional
8 release program. If the child is eligible to attend public
9 school following residential commitment and the court finds
10 that the victim or a sibling of the victim in the case is or
11 may be attending the same school as the child, the commitment
12 order shall include a finding pursuant to the proceedings
13 described in s. 985.23(1)(d). If the child is not successful
14 in the conditional release program, the department may use the
15 transfer procedure under s. 985.404. Notwithstanding s. 743.07
16 and paragraph (d), and except as provided in s. 985.31, the
17 term of the commitment must be until the child is discharged
18 by the department or until he or she reaches the age of 21.
19 4. Revoke or suspend the driver's license of the
20 child.
21 5. Require the child and, if the court finds it
22 appropriate, the child's parent or guardian together with the
23 child, to render community service in a public service
24 program.
25 6. As part of the probation program to be implemented
26 by the Department of Juvenile Justice, or, in the case of a
27 committed child, as part of the community-based sanctions
28 ordered by the court at the disposition hearing or before the
29 child's release from commitment, order the child to make
30 restitution in money, through a promissory note cosigned by
31 the child's parent or guardian, or in kind for any damage or
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1 loss caused by the child's offense in a reasonable amount or
2 manner to be determined by the court. The clerk of the circuit
3 court shall be the receiving and dispensing agent. In such
4 case, the court shall order the child or the child's parent or
5 guardian to pay to the office of the clerk of the circuit
6 court an amount not to exceed the actual cost incurred by the
7 clerk as a result of receiving and dispensing restitution
8 payments. The clerk shall notify the court if restitution is
9 not made, and the court shall take any further action that is
10 necessary against the child or the child's parent or guardian.
11 A finding by the court, after a hearing, that the parent or
12 guardian has made diligent and good faith efforts to prevent
13 the child from engaging in delinquent acts absolves the parent
14 or guardian of liability for restitution under this
15 subparagraph.
16 7. Order the child and, if the court finds it
17 appropriate, the child's parent or guardian together with the
18 child, to participate in a community work project, either as
19 an alternative to monetary restitution or as part of the
20 rehabilitative or probation program.
21 8. Commit the child to the Department of Juvenile
22 Justice for placement in a program or facility for serious or
23 habitual juvenile offenders in accordance with s. 985.31. Any
24 commitment of a child to a program or facility for serious or
25 habitual juvenile offenders must be for an indeterminate
26 period of time, but the time may not exceed the maximum term
27 of imprisonment that an adult may serve for the same offense.
28 The court may retain jurisdiction over such child until the
29 child reaches the age of 21, specifically for the purpose of
30 the child completing the program.
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1 9. In addition to the sanctions imposed on the child,
2 order the parent or guardian of the child to perform community
3 service if the court finds that the parent or guardian did not
4 make a diligent and good faith effort to prevent the child
5 from engaging in delinquent acts. The court may also order the
6 parent or guardian to make restitution in money or in kind for
7 any damage or loss caused by the child's offense. The court
8 shall determine a reasonable amount or manner of restitution,
9 and payment shall be made to the clerk of the circuit court as
10 provided in subparagraph 6.
11 10. Subject to specific appropriation, commit the
12 juvenile sexual offender to the Department of Juvenile Justice
13 for placement in a program or facility for juvenile sexual
14 offenders in accordance with s. 985.308. Any commitment of a
15 juvenile sexual offender to a program or facility for juvenile
16 sexual offenders must be for an indeterminate period of time,
17 but the time may not exceed the maximum term of imprisonment
18 that an adult may serve for the same offense. The court may
19 retain jurisdiction over a juvenile sexual offender until the
20 juvenile sexual offender reaches the age of 21, specifically
21 for the purpose of completing the program.
22 Section 8. This act shall take effect July 1, 2001.
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