House Bill hb0267e1

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                                 CS/CS/HB 267, First Engrossed/ntc



  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


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  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.


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  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


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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). 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:


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  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


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  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


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  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  a presentence investigation by the Department of Corrections,

28  the Department of Corrections shall make such request.  If the

29  victim or any sibling of the victim attends or is eligible to

30  attend the same school as that of the offender, the

31  appropriate agency shall notify the victim's parent or legal


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  1  guardian of the right to attend the sentencing or disposition

  2  of the offender and request that the offender be required to

  3  attend a 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


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                                 CS/CS/HB 267, First Engrossed/ntc



  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


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  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


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                                 CS/CS/HB 267, First Engrossed/ntc



  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


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  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


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  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


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  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


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  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


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  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:


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                                 CS/CS/HB 267, First Engrossed/ntc



  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).

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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.

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