House Bill hb0267c2
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
        By the Council for Lifelong Learning and Committee on
    Juvenile Justice and Representatives Kravitz, Barreiro, Davis,
    Wiles, Baxley, Needelman, Bean, Hogan, Negron, Kottkamp,
    Detert, Richardson, Gannon, Pickens, Fields, Byrd, Alexander,
    (Additional Sponsors on Last Printed Page)
  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 ss. 985.231 and
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1         985.233, F.S.; requiring a court placement
  2         order or a commitment order to include certain
  3         findings; 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.
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1
  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
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  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). However, if any party responsible for
20  notification fails to properly notify the school, the
21  principal shall be eligible for the incentive.
22         Section 3.  Section 232.265, Florida Statutes, is
23  created to read:
24         232.265  School attendance and transportation of
25  certain offenders.--
26         (1)  Notwithstanding any provision of law prohibiting
27  the disclosure of the identity of a minor, whenever any person
28  who is attending public school is adjudicated guilty of or
29  delinquent for, or is found to have committed, regardless of
30  whether adjudication is withheld, or pleads guilty or nolo
31  contendere to, a felony violation of:
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1         (a)  Chapter 782, relating to homicide;
  2         (b)  Chapter 784, relating to assault, battery, and
  3  culpable negligence;
  4         (c)  Chapter 787, relating to kidnapping, false
  5  imprisonment, luring or enticing a child, and custody
  6  offenses;
  7         (d)  Chapter 794, relating to sexual battery;
  8         (e)  Chapter 800, relating to lewdness and indecent
  9  exposure;
10         (f)  Chapter 827, relating to abuse of children;
11         (g)  Section 812.13, relating to robbery;
12         (h)  Section 812.131, relating to robbery by sudden
13  snatching;
14         (i)  Section 812.133, relating to carjacking; or
15         (j)  Section 812.135, relating to home-invasion
16  robbery,
17
18  and, before or at the time of such adjudication, withholding
19  of adjudication, or plea, the offender was attending a school
20  attended by the victim or a sibling of the victim of the
21  offense, the Department of Juvenile Justice shall notify the
22  appropriate school district of the adjudication or plea and
23  the operation of this section and whether the offender is
24  prohibited from attending that school or riding on a school
25  bus whenever the victim or a sibling of the victim is
26  attending the same school or riding on the same school bus,
27  except as provided pursuant to a written disposition order
28  under s. 985.23(1)(d).  Upon receipt of such notice, the
29  school district shall take appropriate action to effectuate
30  the provisions of subsection (2).
31
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1         (2)  Any offender described in subsection (1), who is
  2  not exempted as provided in subsection (1), shall not attend
  3  any school attended by the victim or a sibling of the victim
  4  of the offense or ride on a school bus on which the victim or
  5  a sibling of the victim is riding. The offender shall be
  6  permitted by the school district in which the offender resides
  7  to attend another school within the district, provided the
  8  other school is not attended by the victim or sibling of the
  9  victim of the offense or may be permitted by another school
10  district to attend a school in that district if the offender
11  is unable to attend any school in the district in which the
12  offender resides due to the operation of this section.
13         (3)  If the offender is unable to attend any other
14  school in the district in which the offender resides and is
15  prohibited from attending school in another school district,
16  the school district in which the offender resides shall take
17  every reasonable precaution to keep the offender separated
18  from the victim while on school grounds or on school
19  transportation.  The steps to be taken by a school district to
20  keep the offender separated from the victim shall include, but
21  not be limited to, in-school suspension of the offender and
22  the scheduling of classes, lunch, or other school activities
23  of the victim and the offender so as not to coincide.
24         (4)  The offender, or the parents or legal guardian of
25  the offender if the offender is a juvenile, shall be
26  responsible for arranging and paying for transportation
27  associated with or required by the offender's attending
28  another school or that would be required as a consequence of
29  the prohibition against riding on a school bus on which the
30  victim or a sibling of the victim is riding.  However, the
31  offender or the parents or the legal guardian of the offender
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  shall not be charged for existing modes of transportation that
  2  can be used by the offender at no additional cost to the
  3  district.
  4         Section 4.  Paragraph (s) is added to subsection (1) of
  5  section 960.001, Florida Statutes, to read:
  6         960.001  Guidelines for fair treatment of victims and
  7  witnesses in the criminal justice and juvenile justice
  8  systems.--
  9         (1)  The Department of Legal Affairs, the state
10  attorneys, the Department of Corrections, the Department of
11  Juvenile Justice, the Parole Commission, the State Courts
12  Administrator and circuit court administrators, the Department
13  of Law Enforcement, and every sheriff's department, police
14  department, or other law enforcement agency as defined in s.
15  943.10(4) shall develop and implement guidelines for the use
16  of their respective agencies, which guidelines are consistent
17  with the purposes of this act and s. 16(b), Art. I of the
18  State Constitution and are designed to implement the
19  provisions of s. 16(b), Art. I of the State Constitution and
20  to achieve the following objectives:
21         (s)  Attendance of victim at same school as
22  defendant.--When the victim of an offense committed by a
23  juvenile is a minor, the Department of Juvenile Justice shall
24  request information to determine if the victim, or any sibling
25  of the victim, attends or is eligible to attend the same
26  school as the offender. However, if the offender is subject to
27  the jurisdiction of the criminal circuit court, the Department
28  of Corrections shall make such request.  If the victim or any
29  sibling of the victim attends or is eligible to attend the
30  same school as that of the offender, the appropriate agency
31  shall notify the victim's parent or legal guardian of the
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  right to attend the sentencing or disposition of the offender
  2  and request that the offender be required to attend a
  3  different school.
  4         Section 5.  Subsection (4) of section 985.228, Florida
  5  Statutes, is amended to read:
  6         985.228  Adjudicatory hearings; withheld adjudications;
  7  orders of adjudication.--
  8         (4)  If the court finds that the child named in the
  9  petition has committed a delinquent act or violation of law,
10  it may, in its discretion, enter an order stating the facts
11  upon which its finding is based but withholding adjudication
12  of delinquency and placing the child in a probation program
13  under the supervision of the department or under the
14  supervision of any other person or agency specifically
15  authorized and appointed by the court. The court may, as a
16  condition of the program, impose as a penalty component
17  restitution in money or in kind, community service, a curfew,
18  urine monitoring, revocation or suspension of the driver's
19  license of the child, or other nonresidential punishment
20  appropriate to the offense, and may impose as a rehabilitative
21  component a requirement of participation in substance abuse
22  treatment, or school or other educational program attendance.
23  If the child is attending public school and the court finds
24  that the victim or a sibling of the victim in the case was
25  assigned to attend or is eligible to attend the same school as
26  the child, the court order shall include a finding pursuant to
27  the proceedings described in s. 985.23(1)(d). If the court
28  later finds that the child has not complied with the rules,
29  restrictions, or conditions of the community-based program,
30  the court may, after a hearing to establish the lack of
31  compliance, but without further evidence of the state of
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  delinquency, enter an adjudication of delinquency and shall
  2  thereafter have full authority under this chapter to deal with
  3  the child as adjudicated.
  4         Section 6.  Paragraph (d) of subsection (1) of section
  5  985.23, Florida Statutes, is amended to read:
  6         985.23  Disposition hearings in delinquency
  7  cases.--When a child has been found to have committed a
  8  delinquent act, the following procedures shall be applicable
  9  to the disposition of the case:
10         (1)  Before the court determines and announces the
11  disposition to be imposed, it shall:
12         (d)  Give all parties present at the hearing an
13  opportunity to comment on the issue of disposition and any
14  proposed rehabilitative plan. Parties to the case shall
15  include the parents, legal custodians, or guardians of the
16  child; the child's counsel; the state attorney;
17  representatives of the department; the victim if any, or his
18  or her representative; representatives of the school system;
19  and the law enforcement officers involved in the case. If the
20  child is attending or is eligible to attend public school and
21  the court finds that the victim or a sibling of the victim in
22  the case is attending or may attend the same school as the
23  child, the court shall, on its own motion or upon the request
24  of any party or any parent or legal guardian of the victim,
25  determine whether it is appropriate to enter a no contact
26  order in favor of the victim or a sibling of the victim. If
27  appropriate and acceptable to the victim and the victim's
28  parent or parents or legal guardian, the court may reflect in
29  the written disposition order that the victim or the victim's
30  parent stated in writing or in open court that he or she did
31  not object to the offender being permitted to attend the same
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  school or ride on the same school bus as the victim or a
  2  sibling of the victim.
  3
  4  It is the intent of the Legislature that the criteria set
  5  forth in subsection (2) are general guidelines to be followed
  6  at the discretion of the court and not mandatory requirements
  7  of procedure.  It is not the intent of the Legislature to
  8  provide for the appeal of the disposition made pursuant to
  9  this section.
10         Section 7.  Paragraph (a) of subsection (1) of section
11  985.231, Florida Statutes, is amended to read:
12         985.231  Powers of disposition in delinquency cases.--
13         (1)(a)  The court that has jurisdiction of an
14  adjudicated delinquent child may, by an order stating the
15  facts upon which a determination of a sanction and
16  rehabilitative program was made at the disposition hearing:
17         1.  Place the child in a probation program or a
18  postcommitment probation program under the supervision of an
19  authorized agent of the Department of Juvenile Justice or of
20  any other person or agency specifically authorized and
21  appointed by the court, whether in the child's own home, in
22  the home of a relative of the child, or in some other suitable
23  place under such reasonable conditions as the court may
24  direct. A probation program for an adjudicated delinquent
25  child must include a penalty component such as restitution in
26  money or in kind, community service, a curfew, revocation or
27  suspension of the driver's license of the child, or other
28  nonresidential punishment appropriate to the offense and must
29  also include a rehabilitative program component such as a
30  requirement of participation in substance abuse treatment or
31  in school or other educational program. If the child is
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  attending or is eligible to attend public school and the court
  2  finds that the victim or a sibling of the victim in the case
  3  is attending or may attend the same school as the child, the
  4  court placement order shall include a finding pursuant to the
  5  proceedings described in s. 985.23(1)(d). Upon the
  6  recommendation of the department at the time of disposition,
  7  or subsequent to disposition pursuant to the filing of a
  8  petition alleging a violation of the child's conditions of
  9  postcommitment probation or conditional release supervision,
10  the court may order the child to submit to random testing for
11  the purpose of detecting and monitoring the use of alcohol or
12  controlled substances.
13         a.  A restrictiveness level classification scale for
14  levels of supervision shall be provided by the department,
15  taking into account the child's needs and risks relative to
16  probation supervision requirements to reasonably ensure the
17  public safety. Probation programs for children shall be
18  supervised by the department or by any other person or agency
19  specifically authorized by the court. These programs must
20  include, but are not limited to, structured or restricted
21  activities as described in this subparagraph, and shall be
22  designed to encourage the child toward acceptable and
23  functional social behavior. If supervision or a program of
24  community service is ordered by the court, the duration of
25  such supervision or program must be consistent with any
26  treatment and rehabilitation needs identified for the child
27  and may not exceed the term for which sentence could be
28  imposed if the child were committed for the offense, except
29  that the duration of such supervision or program for an
30  offense that is a misdemeanor of the second degree, or is
31  equivalent to a misdemeanor of the second degree, may be for a
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  period not to exceed 6 months. When restitution is ordered by
  2  the court, the amount of restitution may not exceed an amount
  3  the child and the parent or guardian could reasonably be
  4  expected to pay or make. A child who participates in any work
  5  program under this part is considered an employee of the state
  6  for purposes of liability, unless otherwise provided by law.
  7         b.  The court may conduct judicial review hearings for
  8  a child placed on probation for the purpose of fostering
  9  accountability to the judge and compliance with other
10  requirements, such as restitution and community service. The
11  court may allow early termination of probation for a child who
12  has substantially complied with the terms and conditions of
13  probation.
14         c.  If the conditions of the probation program or the
15  postcommitment probation program are violated, the department
16  or the state attorney may bring the child before the court on
17  a petition alleging a violation of the program. Any child who
18  violates the conditions of probation or postcommitment
19  probation must be brought before the court if sanctions are
20  sought. A child taken into custody under s. 985.207 for
21  violating the conditions of probation or postcommitment
22  probation shall be held in a consequence unit if such a unit
23  is available. The child shall be afforded a hearing within 24
24  hours after being taken into custody to determine the
25  existence of probable cause that the child violated the
26  conditions of probation or postcommitment probation. A
27  consequence unit is a secure facility specifically designated
28  by the department for children who are taken into custody
29  under s. 985.207 for violating probation or postcommitment
30  probation, or who have been found by the court to have
31  violated the conditions of probation or postcommitment
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  probation. If the violation involves a new charge of
  2  delinquency, the child may be detained under s. 985.215 in a
  3  facility other than a consequence unit. If the child is not
  4  eligible for detention for the new charge of delinquency, the
  5  child may be held in the consequence unit pending a hearing
  6  and is subject to the time limitations specified in s.
  7  985.215. If the child denies violating the conditions of
  8  probation or postcommitment probation, the court shall appoint
  9  counsel to represent the child at the child's request. Upon
10  the child's admission, or if the court finds after a hearing
11  that the child has violated the conditions of probation or
12  postcommitment probation, the court shall enter an order
13  revoking, modifying, or continuing probation or postcommitment
14  probation. In each such case, the court shall enter a new
15  disposition order and, in addition to the sanctions set forth
16  in this paragraph, may impose any sanction the court could
17  have imposed at the original disposition hearing. If the child
18  is found to have violated the conditions of probation or
19  postcommitment probation, the court may:
20         (I)  Place the child in a consequence unit in that
21  judicial circuit, if available, for up to 5 days for a first
22  violation, and up to 15 days for a second or subsequent
23  violation.
24         (II)  Place the child on home detention with electronic
25  monitoring. However, this sanction may be used only if a
26  residential consequence unit is not available.
27         (III)  Modify or continue the child's probation program
28  or postcommitment probation program.
29         (IV)  Revoke probation or postcommitment probation and
30  commit the child to the department.
31
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1         d.  Notwithstanding s. 743.07 and paragraph (d), and
  2  except as provided in s. 985.31, the term of any order placing
  3  a child in a probation program must be until the child's 19th
  4  birthday unless he or she is released by the court, on the
  5  motion of an interested party or on its own motion.
  6         2.  Commit the child to a licensed child-caring agency
  7  willing to receive the child, but the court may not commit the
  8  child to a jail or to a facility used primarily as a detention
  9  center or facility or shelter.
10         3.  Commit the child to the Department of Juvenile
11  Justice at a residential commitment restrictiveness level
12  defined in s. 985.03. Such commitment must be for the purpose
13  of exercising active control over the child, including, but
14  not limited to, custody, care, training, urine monitoring, and
15  treatment of the child and release of the child into the
16  community in a postcommitment nonresidential conditional
17  release program. If the child is eligible to attend public
18  school following residential commitment and the court finds
19  that the victim or a sibling of the victim in the case is or
20  may be attending the same school as the child, the commitment
21  order shall include a finding pursuant to the proceedings
22  described in s. 985.23(1)(d). If the child is not successful
23  in the conditional release program, the department may use the
24  transfer procedure under s. 985.404. Notwithstanding s. 743.07
25  and paragraph (d), and except as provided in s. 985.31, the
26  term of the commitment must be until the child is discharged
27  by the department or until he or she reaches the age of 21.
28         4.  Revoke or suspend the driver's license of the
29  child.
30         5.  Require the child and, if the court finds it
31  appropriate, the child's parent or guardian together with the
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  child, to render community service in a public service
  2  program.
  3         6.  As part of the probation program to be implemented
  4  by the Department of Juvenile Justice, or, in the case of a
  5  committed child, as part of the community-based sanctions
  6  ordered by the court at the disposition hearing or before the
  7  child's release from commitment, order the child to make
  8  restitution in money, through a promissory note cosigned by
  9  the child's parent or guardian, or in kind for any damage or
10  loss caused by the child's offense in a reasonable amount or
11  manner to be determined by the court. The clerk of the circuit
12  court shall be the receiving and dispensing agent. In such
13  case, the court shall order the child or the child's parent or
14  guardian to pay to the office of the clerk of the circuit
15  court an amount not to exceed the actual cost incurred by the
16  clerk as a result of receiving and dispensing restitution
17  payments. The clerk shall notify the court if restitution is
18  not made, and the court shall take any further action that is
19  necessary against the child or the child's parent or guardian.
20  A finding by the court, after a hearing, that the parent or
21  guardian has made diligent and good faith efforts to prevent
22  the child from engaging in delinquent acts absolves the parent
23  or guardian of liability for restitution under this
24  subparagraph.
25         7.  Order the child and, if the court finds it
26  appropriate, the child's parent or guardian together with the
27  child, to participate in a community work project, either as
28  an alternative to monetary restitution or as part of the
29  rehabilitative or probation program.
30         8.  Commit the child to the Department of Juvenile
31  Justice for placement in a program or facility for serious or
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1  habitual juvenile offenders in accordance with s. 985.31. Any
  2  commitment of a child to a program or facility for serious or
  3  habitual juvenile offenders must be for an indeterminate
  4  period of time, but the time may not exceed the maximum term
  5  of imprisonment that an adult may serve for the same offense.
  6  The court may retain jurisdiction over such child until the
  7  child reaches the age of 21, specifically for the purpose of
  8  the child completing the program.
  9         9.  In addition to the sanctions imposed on the child,
10  order the parent or guardian of the child to perform community
11  service if the court finds that the parent or guardian did not
12  make a diligent and good faith effort to prevent the child
13  from engaging in delinquent acts. The court may also order the
14  parent or guardian to make restitution in money or in kind for
15  any damage or loss caused by the child's offense. The court
16  shall determine a reasonable amount or manner of restitution,
17  and payment shall be made to the clerk of the circuit court as
18  provided in subparagraph 6.
19         10.  Subject to specific appropriation, commit the
20  juvenile sexual offender to the Department of Juvenile Justice
21  for placement in a program or facility for juvenile sexual
22  offenders in accordance with s. 985.308.  Any commitment of a
23  juvenile sexual offender to a program or facility for juvenile
24  sexual offenders must be for an indeterminate period of time,
25  but the time may not exceed the maximum term of imprisonment
26  that an adult may serve for the same offense.  The court may
27  retain jurisdiction over a juvenile sexual offender until the
28  juvenile sexual offender reaches the age of 21, specifically
29  for the purpose of completing the program.
30         Section 8.  Paragraph (f) is added to subsection (4) of
31  section 985.233, Florida Statutes, to read:
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2001           CS/CS/HB 267
    400-108-01
  1         985.233  Sentencing powers; procedures; alternatives
  2  for juveniles prosecuted as adults.--
  3         (4)  SENTENCING ALTERNATIVES.--
  4         (f)  School attendance.--If the child is attending or
  5  is eligible to attend public school and the court finds that
  6  the victim or a sibling of the victim in the case is attending
  7  or may attend the same school as the child, the court
  8  placement order shall include a finding pursuant to the
  9  proceeding described in s. 985.23(1)(d).
10
11  It is the intent of the Legislature that the criteria and
12  guidelines in this subsection are mandatory and that a
13  determination of disposition under this subsection is subject
14  to the right of the child to appellate review under s.
15  985.234.
16         Section 9.  This act shall take effect July 1, 2001.
17
18
19
              *****************************************
20
21                       ADDITIONAL SPONSORS
22
    Berfield, Attkisson, Bendross-Mindingall, Prieguez,
23
    Betancourt, Melvin, Fiorentino, Farkas, Harrington, Wilson and
24
    Andrews
25
26
27
28
29
30
31
                                  17
CODING: Words stricken are deletions; words underlined are additions.