House Bill hb0267e2

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                                    CS/CS/HB 267, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 20.316, F.S.; revising the juvenile justice

  4         continuum to include community-based

  5         residential commitment programs; deleting a

  6         requirement that information systems of the

  7         Department of Juvenile Justice support the

  8         Juvenile Justice Advisory Board; amending s.

  9         228.041, F.S.; authorizing additional teacher

10         planning days for nonresidential programs of

11         the Department of Juvenile Justice upon the

12         request of the provider; amending s. 230.23161,

13         F.S.; providing legislative goals with respect

14         to education within department programs;

15         amending s. 230.235, F.S.; requiring schools to

16         adopt a policy of zero tolerance for

17         victimization of students; requiring each

18         school district to enter into an agreement with

19         the Department of Juvenile Justice for the

20         purpose of protecting victims; amending s.

21         231.0851, F.S.; requiring principals to take

22         certain actions when a student has been a

23         victim of a violent crime perpetrated by

24         another student; providing ineligibility for

25         certain performance pay policy incentives under

26         certain circumstances; creating s. 232.265,

27         F.S.; requiring the Department of Juvenile

28         Justice to provide certain notice to school

29         districts under certain circumstances;

30         prohibiting certain persons from attending

31         certain schools or riding on certain school


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                                    CS/CS/HB 267, Second Engrossed



  1         buses under certain circumstances; providing

  2         for attending alternate schools; assigning

  3         responsibility for certain transportation under

  4         certain circumstances; amending s. 435.04,

  5         F.S.; revising requirements for level-2

  6         screening standards for persons in positions of

  7         trust or responsibility; providing requirements

  8         for background investigations for employees of

  9         the Department of Juvenile Justice; limiting

10         the department's authority to provide an

11         exemption; creating s. 943.0582, F.S.;

12         providing for prearrest, postarrest, or teen

13         court diversion program expunction in certain

14         circumstances; providing for retroactive

15         effect; amending s. 960.001, F.S.; providing an

16         additional guideline for attendance of a victim

17         at the same school as a juvenile defendant;

18         amending s. 985.228, F.S.; requiring certain

19         court orders to include certain findings;

20         amending s. 985.23, F.S.; requiring a court to

21         determine the appropriateness of a no contact

22         order under certain circumstances; amending s.

23         943.325, F.S.; requiring DNA analysis of

24         persons who have committed certain offenses and

25         who are transferred to the state under the

26         Interstate Compact on Juveniles; amending ss.

27         984.01 and 985.01, F.S., relating to personnel

28         standards and screening; requiring the

29         Department of Juvenile Justice and the

30         Department of Children and Family Services to

31         ensure that certain contractors are of good


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                                    CS/CS/HB 267, Second Engrossed



  1         moral character; amending s. 985.02, F.S.;

  2         clarifying legislative intent concerning the

  3         responsibilities of parents, custodians, and

  4         guardians of children in the juvenile justice

  5         system; amending s. 985.03, F.S.; revising

  6         definitions; defining the term "respite" for

  7         purposes of ch. 985, F.S.; amending s. 985.04,

  8         F.S.; providing that certain records maintained

  9         by the Department of Juvenile Justice need only

10         be retained for 25 years; expanding the

11         circumstances under which certain juvenile

12         records are not considered confidential and

13         exempt solely because of age; amending ss.

14         985.207 and 985.213, F.S.; clarifying

15         circumstances under which a juvenile is taken

16         into custody and assessed for placement;

17         requiring the parent or guardian to provide

18         certain information; amending s. 985.21, F.S.;

19         requiring the parent or guardian of a juvenile

20         to provide certain information to the juvenile

21         probation officer; amending s. 985.215, F.S.;

22         revising provisions related to the collection

23         of certain fees; authorizing placing a juvenile

24         into secure detention under certain

25         circumstances for a specified period;

26         authorizing the clerk of the circuit court to

27         act as depository for fees; requiring the

28         parent or guardian to provide certain

29         information; providing for retroactive effect;

30         amending s. 985.227, F.S.; revising

31         requirements for state attorneys with respect


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                                    CS/CS/HB 267, Second Engrossed



  1         to reporting direct-file guidelines; amending

  2         ss. 985.231 and 985.233, F.S.; requiring a

  3         court placement order or a commitment order to

  4         include certain findings; revising certain

  5         requirements for testing a juvenile for the use

  6         of alcohol or controlled substances; revising

  7         provisions related to the collection of certain

  8         fees; authorizing the clerk of the circuit

  9         court to act as depository for fees; requiring

10         the parent or guardian to provide certain

11         information; providing for retroactive effect;

12         amending s. 985.305, F.S.; revising services

13         provided under the early delinquency

14         intervention program; amending s. 985.3065,

15         F.S.; providing for postarrest diversion

16         programs; providing for expunction of records;

17         amending s. 985.31, F.S., relating to serious

18         or habitual juvenile offenders; conforming

19         provisions to changes made by the act; amending

20         s. 985.3155, F.S.; revising requirements for

21         the multiagency plan for vocational education;

22         amending s. 985.316, F.S.; revising conditions

23         under which a juvenile may be released on

24         conditional release; amending s. 985.404, F.S.;

25         providing legislative intent with regard to

26         contracting with faith-based organizations that

27         provide services to juveniles; clarifying

28         conditions under which a juvenile may be

29         transferred; deleting language relating to the

30         collection and reporting of cost data and

31         program ranking;  amending s. 985.412, F.S.;


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                                    CS/CS/HB 267, Second Engrossed



  1         adding requirements relating to the collection

  2         and reporting of cost data and program ranking;

  3         requiring the Department of Juvenile Justice to

  4         submit proposals for funding incentives and

  5         disincentives based upon quality assurance

  6         performance and cost-effectiveness performance

  7         to the Legislature by a date certain; amending

  8         s. 985.417, F.S.; revising conditions for

  9         transferring a juvenile from the Department of

10         Corrections to the supervision of the

11         Department of Juvenile Justice; amending s. 14

12         of ch. 2000-134, Laws of Florida; revising

13         requirements for monitoring and supervising

14         juvenile offenders under a pilot program;

15         creating s. 985.42, F.S.; authorizing the

16         secretary to designate certain employees as law

17         enforcement officers; creating s. 985.422,

18         F.S.; authorizing the deposit of repair and

19         maintenance funds into the Administrative Trust

20         Fund; amending s. 985.401, F.S., to conform;

21         requiring the Office of Program Policy Analysis

22         and Government Accountability to annually

23         review certain safety and security best

24         practices; requiring school districts to use

25         such practices to conduct certain assessments;

26         requiring school district superintendents to

27         make certain recommendations to school boards

28         based on such assessments; requiring school

29         boards to hold public meetings on the

30         assessments and recommendations; repealing s.

31         985.404(10) and (11), F.S., relating to an


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                                    CS/CS/HB 267, Second Engrossed



  1         annual cost data collection and reporting

  2         program of the Department of Juvenile Justice

  3         and cost-effectiveness model development and

  4         application to commitment programs of the

  5         department; providing effective dates.

  6

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

  8

  9         Section 1.  Paragraph (b) of subsection (1) and

10  paragraph (d) of subsection (4) of section 20.316, Florida

11  Statutes, are amended to read:

12         20.316  Department of Juvenile Justice.--There is

13  created a Department of Juvenile Justice.

14         (1)  SECRETARY OF JUVENILE JUSTICE.--

15         (b)  The Secretary of Juvenile Justice is responsible

16  for planning, coordinating, and managing the delivery of all

17  programs and services within the juvenile justice continuum.

18  For purposes of this section, the term "juvenile justice

19  continuum" means all children-in-need-of-services programs;

20  families-in-need-of-services programs; other prevention, early

21  intervention, and diversion programs; detention centers and

22  related programs and facilities; community-based residential

23  commitment and nonresidential commitment programs; and

24  delinquency institutions provided or funded by the department.

25         (4)  INFORMATION SYSTEMS.--

26         (d)  The management information system shall, at a

27  minimum:

28         1.  Facilitate case management of juveniles referred to

29  or placed in the department's custody.

30         2.  Provide timely access to current data and computing

31  capacity to support the outcome evaluation activities of the


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                                    CS/CS/HB 267, Second Engrossed



  1  Juvenile Justice Advisory Board as provided in s. 985.401,

  2  legislative oversight, the Juvenile Justice Estimating

  3  Conference, and other research.

  4         3.  Provide automated support to the quality assurance

  5  and program review functions.

  6         4.  Provide automated support to the contract

  7  management process.

  8         5.  Provide automated support to the facility

  9  operations management process.

10         6.  Provide automated administrative support to

11  increase efficiency, provide the capability of tracking

12  expenditures of funds by the department or contracted service

13  providers that are eligible for federal reimbursement, and

14  reduce forms and paperwork.

15         7.  Facilitate connectivity, access, and utilization of

16  information among various state agencies, and other state,

17  federal, local, and private agencies, organizations, and

18  institutions.

19         8.  Provide electronic public access to juvenile

20  justice information, which is not otherwise made confidential

21  by law or exempt from the provisions of s. 119.07(1).

22         9.  Provide a system for the training of information

23  system users and user groups.

24         Section 2.  Subsection (43) of section 228.041, Florida

25  Statutes, is amended to read:

26         228.041  Definitions.--Specific definitions shall be as

27  follows, and wherever such defined words or terms are used in

28  the Florida School Code, they shall be used as follows:

29         (43)  SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For

30  schools operating for the purpose of providing educational

31  services to youth in Department of Juvenile Justice programs,


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                                    CS/CS/HB 267, Second Engrossed



  1  the school year shall be comprised of 250 days of instruction

  2  distributed over 12 months. At the request of the provider, a

  3  district school board may decrease the minimum number of days

  4  of instruction by up to 10 days for teacher planning for

  5  residential programs and up to 20 days for teacher planning

  6  for nonresidential programs, subject to the approval of the

  7  Department of Juvenile Justice and the Department of

  8  Education.

  9         Section 3.  Subsection (1) of section 230.23161,

10  Florida Statutes, is amended to read:

11         230.23161  Educational services in Department of

12  Juvenile Justice programs.--

13         (1)  The Legislature finds that education is the single

14  most important factor in the rehabilitation of adjudicated

15  delinquent youth in the custody of the Department of Juvenile

16  Justice in detention or commitment facilities. It is the goal

17  intent of the Legislature that youth in the juvenile justice

18  system continue to receive a high-quality be provided with

19  equal opportunity and access to quality and effective

20  education that will meet the individual needs of each child.

21  The Department of Education shall serve as the lead agency for

22  juvenile justice education programs, to ensure that

23  curriculum, support services, and resources are provided to

24  maximize the public's investment in the custody and care of

25  these youth. To this end, the Department of Education and the

26  Department of Juvenile Justice shall each designate a

27  Coordinator for Juvenile Justice Education Programs to serve

28  as the point of contact for resolving issues not addressed by

29  local district school boards and to provide ensure each

30  department's participation in the following activities:

31


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                                    CS/CS/HB 267, Second Engrossed



  1         (a)  Training, collaborating, and coordinating with the

  2  Department of Juvenile Justice, local school districts,

  3  educational contract providers, and juvenile justice

  4  providers, whether state operated or contracted.

  5         (b)  Collecting information on the academic performance

  6  of students in juvenile justice commitment and detention

  7  programs and reporting on the results.

  8         (c)  Developing academic and vocational protocols that

  9  provide guidance to school districts and providers in all

10  aspects of education programming, including records transfer

11  and transition.

12         (d)  Prescribing the roles of program personnel and

13  interdepartmental local school district or provider

14  collaboration strategies.

15

16  Annually, a cooperative agreement and plan for juvenile

17  justice education service enhancement shall be developed

18  between the Department of Juvenile Justice and the Department

19  of Education and submitted to the Secretary of Juvenile

20  Justice and the Commissioner of Education by June 30.

21         Section 4.  Section 230.235, Florida Statutes, is

22  amended to read:

23         230.235  Policy of zero tolerance for crime and

24  victimization.--

25         (1)  Each school district shall, pursuant to this

26  section, adopt a policy of zero tolerance for:

27         (a)  Crime and substance abuse pursuant to this

28  section. Such a policy shall include the reporting of

29  delinquent acts and crimes occurring whenever and wherever

30  students are under the jurisdiction of the school district.

31


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                                    CS/CS/HB 267, Second Engrossed



  1         (b)  Victimization of students. Such a policy shall

  2  include taking all steps necessary to protect the victim of

  3  any violent crime from any further victimization.

  4         (2)  The policy shall require students found to have

  5  committed one of the following offenses to be expelled, with

  6  or without continuing educational services, from the student's

  7  regular school for a period of not less than 1 full year, and

  8  to be referred for criminal prosecution:

  9         (a)  Bringing a firearm or weapon, as defined in

10  chapter 790, to school, to any school function, or onto any

11  school-sponsored transportation.

12         (b)  Making a threat or false report, as defined by ss.

13  790.162 and 790.163, respectively, involving school or school

14  personnel's property, school transportation, or a

15  school-sponsored activity.

16

17  District school boards may assign the student to a

18  disciplinary program or second chance school for the purpose

19  of continuing educational services during the period of

20  expulsion. Superintendents may consider the 1-year expulsion

21  requirement on a case-by-case basis and request the district

22  school board to modify the requirement by assigning the

23  student to a disciplinary program or second chance school if

24  it is determined to be in the best interest of the student and

25  the school system. If a student committing any of the offenses

26  in this subsection is a student with a disability, the school

27  district shall comply with procedures pursuant to s. 232.251

28  and any applicable state board rule.

29         (3)  Each school district shall enter into an agreement

30  with the county sheriff's office or local police department

31  specifying guidelines for ensuring that felonies and violent


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                                    CS/CS/HB 267, Second Engrossed



  1  misdemeanors, whether committed by a student or adult, and

  2  delinquent acts that would be felonies or violent misdemeanors

  3  if committed by an adult, are reported to law enforcement. The

  4  cooperative agreement, adopted pursuant to s. 230.23161(14)

  5  with the Department of Juvenile Justice, shall specify

  6  guidelines for ensuring that all no contact orders entered by

  7  the court are reported and enforced and that all steps

  8  necessary are taken to protect the victim of any such crime.

  9  Such agreements shall include the role of school resource

10  officers, if applicable, in handling reported incidents,

11  special circumstances in which school officials may handle

12  incidents without filing a report to law enforcement, and a

13  procedure for ensuring that school personnel properly report

14  appropriate delinquent acts and crimes. The school principal

15  shall be responsible for ensuring that all school personnel

16  are properly informed as to their responsibilities regarding

17  crime reporting, that appropriate delinquent acts and crimes

18  are properly reported, and that actions taken in cases with

19  special circumstances are properly taken and documented.

20         Section 5.  Section 231.0851, Florida Statutes, is

21  amended to read:

22         231.0851  Reports of school safety and discipline.--

23         (1)  Each principal must ensure that standardized forms

24  prescribed by rule of the State Board of Education are used to

25  report data concerning school safety and discipline to the

26  Department of Education. The principal must develop a plan to

27  verify the accuracy of reported incidents.

28         (2)  When a student has been the victim of a violent

29  crime perpetrated by another student who attends the same

30  school, the principal shall make full and effective use of the

31  provisions of ss. 232.26(2) and 232.265. A principal who fails


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                                    CS/CS/HB 267, Second Engrossed



  1  to comply with this subsection shall be ineligible for any

  2  portion of the performance pay policy incentive under s.

  3  230.23(5)(c). However, if any party responsible for

  4  notification fails to properly notify the school, the

  5  principal shall be eligible for the incentive.

  6         Section 6.  Section 232.265, Florida Statutes, is

  7  created to read:

  8         232.265  School attendance and transportation of

  9  certain offenders.--

10         (1)  Notwithstanding any provision of law prohibiting

11  the disclosure of the identity of a minor, whenever any person

12  who is attending public school is adjudicated guilty of or

13  delinquent for, or is found to have committed, regardless of

14  whether adjudication is withheld, or pleads guilty or nolo

15  contendere to, a felony violation of:

16         (a)  Chapter 782, relating to homicide;

17         (b)  Chapter 784, relating to assault, battery, and

18  culpable negligence;

19         (c)  Chapter 787, relating to kidnapping, false

20  imprisonment, luring or enticing a child, and custody

21  offenses;

22         (d)  Chapter 794, relating to sexual battery;

23         (e)  Chapter 800, relating to lewdness and indecent

24  exposure;

25         (f)  Chapter 827, relating to abuse of children;

26         (g)  Section 812.13, relating to robbery;

27         (h)  Section 812.131, relating to robbery by sudden

28  snatching;

29         (i)  Section 812.133, relating to carjacking; or

30         (j)  Section 812.135, relating to home-invasion

31  robbery,


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                                    CS/CS/HB 267, Second Engrossed



  1

  2  and, before or at the time of such adjudication, withholding

  3  of adjudication, or plea, the offender was attending a school

  4  attended by the victim or a sibling of the victim of the

  5  offense, the Department of Juvenile Justice shall notify the

  6  appropriate school district of the adjudication or plea and

  7  the operation of this section and whether the offender is

  8  prohibited from attending that school or riding on a school

  9  bus whenever the victim or a sibling of the victim is

10  attending the same school or riding on the same school bus,

11  except as provided pursuant to a written disposition order

12  under s. 985.23(1)(d).  Upon receipt of such notice, the

13  school district shall take appropriate action to effectuate

14  the provisions of subsection (2).

15         (2)  Any offender described in subsection (1), who is

16  not exempted as provided in subsection (1), shall not attend

17  any school attended by the victim or a sibling of the victim

18  of the offense or ride on a school bus on which the victim or

19  a sibling of the victim is riding. The offender shall be

20  permitted by the school district in which the offender resides

21  to attend another school within the district, provided the

22  other school is not attended by the victim or sibling of the

23  victim of the offense or may be permitted by another school

24  district to attend a school in that district if the offender

25  is unable to attend any school in the district in which the

26  offender resides due to the operation of this section.

27         (3)  If the offender is unable to attend any other

28  school in the district in which the offender resides and is

29  prohibited from attending school in another school district,

30  the school district in which the offender resides shall take

31  every reasonable precaution to keep the offender separated


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                                    CS/CS/HB 267, Second Engrossed



  1  from the victim while on school grounds or on school

  2  transportation.  The steps to be taken by a school district to

  3  keep the offender separated from the victim shall include, but

  4  not be limited to, in-school suspension of the offender and

  5  the scheduling of classes, lunch, or other school activities

  6  of the victim and the offender so as not to coincide.

  7         (4)  The offender, or the parents or legal guardian of

  8  the offender if the offender is a juvenile, shall be

  9  responsible for arranging and paying for transportation

10  associated with or required by the offender's attending

11  another school or that would be required as a consequence of

12  the prohibition against riding on a school bus on which the

13  victim or a sibling of the victim is riding.  However, the

14  offender or the parents or the legal guardian of the offender

15  shall not be charged for existing modes of transportation that

16  can be used by the offender at no additional cost to the

17  district.

18         Section 7.  Subsection (1) of section 435.04, Florida

19  Statutes, is amended, and present subsections (3) and (4) of

20  said section are renumbered as subsections (4) and (5),

21  respectively, and a new subsection (3) is added to said

22  section, to read:

23         435.04  Level 2 screening standards.--

24         (1)  All employees in positions designated by law as

25  positions of trust or responsibility shall be required to

26  undergo security background investigations as a condition of

27  employment and continued employment.  For the purposes of this

28  subsection, security background investigations shall include,

29  but not be limited to, employment history checks,

30  fingerprinting for all purposes and checks in this subsection,

31  statewide criminal and juvenile records checks through the


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                                    CS/CS/HB 267, Second Engrossed



  1  Florida Department of Law Enforcement, and federal criminal

  2  records checks through the Federal Bureau of Investigation,

  3  and may include local criminal records checks through local

  4  law enforcement agencies.

  5         (3)  The security background investigations conducted

  6  under this section for employees of the Department of Juvenile

  7  Justice must ensure that no persons subject to the provisions

  8  of this section have been found guilty of, regardless of

  9  adjudication, or entered a plea of nolo contendere or guilty

10  to, any offense prohibited under any of the following

11  provisions of the Florida Statutes or under any similar

12  statute of another jurisdiction:

13         (a)  Section 784.07, relating to assault or battery of

14  law enforcement officers, firefighters, emergency medical care

15  providers, public transit employees or agents, or other

16  specified officers.

17         (b)  Section 810.02, relating to burglary, if the

18  offense is a felony.

19         (c)  Section 944.40, relating to escape.

20

21  The Department of Juvenile Justice may not remove a

22  disqualification from employment or grant an exemption to any

23  person who is disqualified under this section for any offense

24  disposed of during the most recent 7-year period.

25         Section 8.  Section 943.0582, Florida Statutes, is

26  created to read:

27         943.0582  Prearrest, postarrest, or teen court

28  diversion program expunction.--

29         (1)  Notwithstanding any law dealing generally with the

30  preservation and destruction of public records, the department

31  may provide, by rule adopted pursuant to chapter 120, for the


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                                    CS/CS/HB 267, Second Engrossed



  1  expunction of any nonjudicial record of the arrest of a minor

  2  who has successfully completed a prearrest or postarrest

  3  diversion program for minors as authorized by s. 985.3065.

  4         (2)(a)  As used in this section, the term "expunction"

  5  has the same meaning ascribed in s. 943.0585, except that:

  6         1.  The provisions of s. 943.0585(4)(a) do not apply,

  7  except that the criminal history record of a person whose

  8  record is expunged pursuant to this section shall be made

  9  available only to criminal justice agencies for the purpose of

10  determining eligibility for prearrest, postarrest, or teen

11  court diversion programs; when the record is sought as part of

12  a criminal investigation; or when the subject of the record is

13  a candidate for employment with a criminal justice agency.

14  For all other purposes, a person whose record is expunged

15  under this section may lawfully deny or fail to acknowledge

16  the arrest and the charge covered by the expunged record.

17         2.  Records maintained by local criminal justice

18  agencies in the county in which the arrest occurred which are

19  eligible for expunction pursuant to this section shall be

20  sealed as the term is used in s. 943.059.

21         (b)  As used in this section, the term "nonviolent

22  misdemeanor" includes simple assault or battery when prearrest

23  or postarrest diversion expunction is approved in writing by

24  the state attorney for the county in which the arrest

25  occurred.

26         (3)  The department shall expunge the nonjudicial

27  arrest record of a minor who has successfully completed a

28  prearrest or postarrest diversion program if that minor:

29         (a)  Submits an application for prearrest or postarrest

30  diversion expunction, on a form prescribed by the department,

31  signed by the minor's parent or legal guardian, or by the


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                                    CS/CS/HB 267, Second Engrossed



  1  minor if he or she has reached the age of majority at the time

  2  of applying.

  3         (b)  Submits the application for prearrest or

  4  postarrest diversion expunction no later than 6 months after

  5  completion of the diversion program.

  6         (c)  Submits to the department, with the application,

  7  an official written statement from the state attorney for the

  8  county in which the arrest occurred certifying that he or she

  9  has successfully completed that county's prearrest or

10  postarrest diversion program and that participation in the

11  program is strictly limited to minors arrested for a

12  nonviolent misdemeanor who have not otherwise been charged

13  with or found to have committed any criminal offense or

14  comparable ordinance violation.

15         (d)  Participated in a prearrest or postarrest

16  diversion program that expressly authorizes or permits such

17  expunction to occur.

18         (e)  Participated in a prearrest or postarrest

19  diversion program based on an arrest for a nonviolent

20  misdemeanor that would not qualify as an act of domestic

21  violence as that term is defined in s. 741.28.

22         (f)  Has never, prior to filing the application for

23  expunction, been charged with or found to have committed any

24  criminal offense or comparable ordinance violation.

25         (4)  The department is authorized to charge a $75

26  processing fee for each request received for prearrest or

27  postarrest diversion program expunction, for placement in the

28  Department of Law Enforcement Operating Trust Fund, unless

29  such fee is waived by the executive director.

30         (5)  This section operates retroactively to permit the

31  expunction of any nonjudicial record of the arrest of a minor


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                                    CS/CS/HB 267, Second Engrossed



  1  who has successfully completed a prearrest or postarrest

  2  diversion program on or after July 1, 2000; however, in the

  3  case of a minor whose completion of the program occurred

  4  before the effective date of this section, the application for

  5  prearrest or postarrest diversion expunction must be submitted

  6  within 6 months after the effective date of this section.

  7         (6)  Expunction or sealing granted under this section

  8  does not prevent the minor who receives such relief from

  9  petitioning for the expunction or sealing of a later criminal

10  history record as provided for in ss. 943.0585 and 943.059, if

11  the minor is otherwise eligible under those sections.

12         Section 9.  Paragraph (a) of subsection (1) of section

13  943.325, Florida Statutes, is amended to read:

14         943.325  Blood specimen testing for DNA analysis.--

15         (1)(a)  Any person who is convicted or was previously

16  convicted in this state for any offense or attempted offense

17  defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.

18  810.02, s. 812.133, or s. 812.135, and any person who is

19  transferred to this state under Article VII of the Interstate

20  Compact on Juveniles, part V of chapter 985, who has committed

21  or attempted to commit an offense similarly defined by the

22  transferring state, who is either:

23         1.  Still incarcerated, or

24         2.  No longer incarcerated but is within the confines

25  of the legal state boundaries and is on probation, community

26  control, parole, conditional release, control release, or any

27  other court-ordered supervision,

28

29  shall be required to submit two specimens of blood to a

30  Department of Law Enforcement designated testing facility as

31  directed by the department.


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                                    CS/CS/HB 267, Second Engrossed



  1         Section 10.  Paragraph (s) is added to subsection (1)

  2  of 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  a presentence investigation by the Department of Corrections,

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

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

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

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

29  guardian of the right to attend the sentencing or disposition

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

31  attend a different school.


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                                    CS/CS/HB 267, Second Engrossed



  1         Section 11.  Paragraph (a) of subsection (2) of section

  2  984.01, Florida Statutes, is amended to read:

  3         984.01  Purposes and intent; personnel standards and

  4  screening.--

  5         (2)  The Department of Juvenile Justice or the

  6  Department of Children and Family Services, as appropriate,

  7  may contract with the Federal Government, other state

  8  departments and agencies, county and municipal governments and

  9  agencies, public and private agencies, and private individuals

10  and corporations in carrying out the purposes of, and the

11  responsibilities established in, this chapter.

12         (a)  When the Department of Juvenile Justice or the

13  Department of Children and Family Services contracts with a

14  provider for any program for children, all personnel,

15  including owners, operators, employees, and volunteers, in the

16  facility must be of good moral character. Each contract

17  entered into by either department for services delivered on an

18  appointment or intermittent basis by a provider that does not

19  have regular custodial responsibility for children and each

20  contract with a school for before or aftercare services must

21  ensure that the owners, operators, and all personnel who have

22  direct contact with children are of good moral character. A

23  volunteer who assists on an intermittent basis for less than

24  40 hours per month need not be screened if the volunteer is

25  under direct and constant supervision by persons who meet the

26  screening requirements.

27         Section 12.  Paragraph (a) of subsection (2) of section

28  985.01, Florida Statutes, is amended to read:

29         985.01  Purposes and intent; personnel standards and

30  screening.--

31


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                                    CS/CS/HB 267, Second Engrossed



  1         (2)  The Department of Juvenile Justice or the

  2  Department of Children and Family Services, as appropriate,

  3  may contract with the Federal Government, other state

  4  departments and agencies, county and municipal governments and

  5  agencies, public and private agencies, and private individuals

  6  and corporations in carrying out the purposes of, and the

  7  responsibilities established in, this chapter.

  8         (a)  When the Department of Juvenile Justice or the

  9  Department of Children and Family Services contracts with a

10  provider for any program for children, all personnel,

11  including owners, operators, employees, and volunteers, in the

12  facility must be of good moral character. Each contract

13  entered into by either department for services delivered on an

14  appointment or intermittent basis by a provider that does not

15  have regular custodial responsibility for children and each

16  contract with a school for before or aftercare services must

17  ensure that the owners, operators, and all personnel who have

18  direct contact with children are of good moral character. A

19  volunteer who assists on an intermittent basis for less than

20  40 hours per month need not be screened if the volunteer is

21  under direct and constant supervision by persons who meet the

22  screening requirements.

23         Section 13.  Subsection (7) of section 985.02, Florida

24  Statutes, is amended to read:

25         985.02  Legislative intent for the juvenile justice

26  system.--

27         (7)  PARENTAL, CUSTODIAL, AND GUARDIAN

28  RESPONSIBILITIES.--Parents, custodians, and guardians are

29  deemed by the state to be responsible for providing their

30  children with sufficient support, guidance, and supervision to

31  deter their participation in delinquent acts. The state


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                                    CS/CS/HB 267, Second Engrossed



  1  further recognizes that the ability of parents, custodians,

  2  and guardians to fulfill those responsibilities can be greatly

  3  impaired by economic, social, behavioral, emotional, and

  4  related problems. It is therefore the policy of the

  5  Legislature that it is the state's responsibility to ensure

  6  that factors impeding the ability of caretakers to fulfill

  7  their responsibilities are identified through the delinquency

  8  intake process and that appropriate recommendations to address

  9  those problems are considered in any judicial or nonjudicial

10  proceeding. Nonetheless, as it is also the intent of the

11  Legislature to preserve and strengthen the child's family

12  ties, it is the policy of the Legislature that the emotional,

13  legal, and financial responsibilities of the caretaker with

14  regard to the care, custody, and support of the child continue

15  while the child is in the physical or legal custody of the

16  department.

17         Section 14.  Subsections (13), (26), (30), (31), (32),

18  and paragraph (c) of subsection (45) of section 985.03,

19  Florida Statutes, are amended, subsections (46) through (58)

20  of said section are renumbered as subsections (47) through

21  (59), respectively, a new subsection (46) is added to said

22  section, and renumbered subsection (56) of said section is

23  amended, to read:

24         985.03  Definitions.--When used in this chapter, the

25  term:

26         (13)  "Conditional release" means the care, treatment,

27  help, and supervision provided to a juvenile released from a

28  residential commitment program which is intended to promote

29  rehabilitation and prevent recidivism. The purpose of

30  conditional release is to protect the public, reduce

31  recidivism, increase responsible productive behavior, and


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                                    CS/CS/HB 267, Second Engrossed



  1  provide for a successful transition of the youth from the

  2  department to the family. Conditional release includes, but is

  3  not limited to, minimum-risk nonresidential community-based

  4  programs and postcommitment probation.

  5         (26)  "Halfway house" means a community-based

  6  residential program for 10 or more committed delinquents at

  7  the moderate-risk commitment restrictiveness level which that

  8  is operated or contracted by the Department of Juvenile

  9  Justice.

10         (30)  "Juvenile probation officer" means the authorized

11  agent of the Department of Juvenile Justice who performs the

12  intake, or case management, or supervision functions function

13  for a child alleged to be delinquent.

14         (31)  "Juvenile sexual offender" means:

15         (a)  A juvenile who has been found by the court

16  pursuant to s. 985.228 to have committed a violation of

17  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

18  847.0133;

19         (b)  A juvenile found to have committed any felony

20  violation of law or delinquent act involving juvenile sexual

21  abuse. "Juvenile sexual abuse" means any sexual behavior which

22  occurs without consent, without equality, or as a result of

23  coercion.  For purposes of this subsection, the following

24  definitions apply:

25         1.  "Coercion" means the exploitation of authority, use

26  of bribes, threats of force, or intimidation to gain

27  cooperation or compliance.

28         2.  "Equality" means two participants operating with

29  the same level of power in a relationship, neither being

30  controlled nor coerced by the other.

31


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                                    CS/CS/HB 267, Second Engrossed



  1         3.  "Consent" means an agreement including all of the

  2  following:

  3         a.  Understanding what is proposed based on age,

  4  maturity, developmental level, functioning, and experience.

  5         b.  Knowledge of societal standards for what is being

  6  proposed.

  7         c.  Awareness of potential consequences and

  8  alternatives.

  9         d.  Assumption that agreement or disagreement will be

10  accepted equally.

11         e.  Voluntary decision.

12         f.  Mental competence.

13

14  Juvenile sexual offender behavior ranges from noncontact

15  sexual behavior such as making obscene phone calls,

16  exhibitionism, voyeurism, and the showing or taking of lewd

17  photographs to varying degrees of direct sexual contact, such

18  as frottage, fondling, digital penetration, rape, fellatio,

19  sodomy, and various other sexually aggressive acts.

20         (32)  "Legal custody or guardian"  means a legal status

21  created by court order or letter of guardianship which vests

22  in a custodian of the person or guardian, whether an agency or

23  an individual, the right to have physical custody of the child

24  and the right and duty to protect, train, and discipline the

25  child and to provide him or her with food, shelter, education,

26  and ordinary medical, dental, psychiatric, and psychological

27  care.

28         (45)  "Residential commitment level" means the level of

29  security provided by programs that service the supervision,

30  custody, care, and treatment needs of committed children.

31  Sections 985.3141 and 985.404(13) apply to children placed in


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                                    CS/CS/HB 267, Second Engrossed



  1  programs at any residential commitment level.  The levels of

  2  residential commitment are as follows:

  3         (c)  High-risk residential.--Programs or program models

  4  at this commitment level are residential and shall not allow

  5  youth to have access to the community.  Facilities are

  6  hardware-secure with perimeter fencing and locking doors.

  7  Facilities shall provide 24-hour awake supervision, custody,

  8  care, and treatment of residents.  Youth assessed and

  9  classified for this level of placement require close

10  supervision in a structured residential setting. Placement in

11  programs at this level is prompted by a concern for public

12  safety that outweighs placement in programs at lower

13  commitment restrictiveness levels. The staff at a facility at

14  this commitment level may seclude a child who is a physical

15  threat to himself or herself or others.  Mechanical restraint

16  may also be used when necessary.  The facility may provide for

17  single cell occupancy.

18         (46)  "Respite" means a placement that is available for

19  the care, custody, and placement of a youth charged with

20  domestic violence as an alternative to secure detention or for

21  placement of a youth when a shelter bed for a child in need of

22  services or a family in need of services is unavailable.

23         (56)(55)  "Temporary release" means the terms and

24  conditions under which a child is temporarily released from a

25  commitment facility or allowed home visits. If the temporary

26  release is from a moderate-risk residential facility, a

27  high-risk residential facility, or a maximum-risk residential

28  facility, the terms and conditions of the temporary release

29  must be approved by the child, the court, and the facility.

30  The term includes periods during which the child is supervised

31  pursuant to a conditional release program or a period during


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                                    CS/CS/HB 267, Second Engrossed



  1  which the child is supervised by a juvenile probation officer

  2  or other nonresidential staff of the department or staff

  3  employed by an entity under contract with the department. A

  4  child placed in a postcommitment supervision program by order

  5  of the court is not considered to be on temporary release and

  6  is not subject to the terms and conditions of temporary

  7  release.

  8         Section 15.  Subsection (2), paragraph (a) of

  9  subsection (3), paragraph (a) of subsection (4), and

10  subsection (5) of section 985.04, Florida Statutes, are

11  amended to read:

12         985.04  Oaths; records; confidential information.--

13         (2)  Records maintained by the Department of Juvenile

14  Justice, including copies of records maintained by the court,

15  which pertain to a child found to have committed a delinquent

16  act which, if committed by an adult, would be a crime

17  specified in ss. 435.03 and 435.04 110.1127, 393.0655,

18  394.457, 397.451, 402.305(2), 409.175, and 409.176 may not be

19  destroyed pursuant to this section for a period of 25 years

20  after the youth's final referral to the department, except in

21  cases of the death of the child. Such records, however, shall

22  be sealed by the court for use only in meeting the screening

23  requirements for personnel in s. 402.3055 and the other

24  sections cited above, or pursuant to departmental rule;

25  however, current criminal history information must be obtained

26  from the Department of Law Enforcement in accordance with s.

27  943.053. The information shall be released to those persons

28  specified in the above cited sections for the purposes of

29  complying with those sections. The court may punish by

30  contempt any person who releases or uses the records for any

31  unauthorized purpose.


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                                    CS/CS/HB 267, Second Engrossed



  1         (3)(a)  Except as provided in subsections (2), (4),

  2  (5), and (6), and s. 943.053, all information obtained under

  3  this part in the discharge of official duty by any judge, any

  4  employee of the court, any authorized agent of the Department

  5  of Juvenile Justice, the Parole Commission, the Juvenile

  6  Justice Advisory Board, the Department of Corrections, the

  7  juvenile justice circuit boards, any law enforcement agent, or

  8  any licensed professional or licensed community agency

  9  representative participating in the assessment or treatment of

10  a juvenile is confidential and may be disclosed only to the

11  authorized personnel of the court, the Department of Juvenile

12  Justice and its designees, the Department of Corrections, the

13  Parole Commission, the Juvenile Justice Advisory Board, law

14  enforcement agents, school superintendents and their

15  designees, any licensed professional or licensed community

16  agency representative participating in the assessment or

17  treatment of a juvenile, and others entitled under this

18  chapter to receive that information, or upon order of the

19  court. Within each county, the sheriff, the chiefs of police,

20  the district school superintendent, and the department shall

21  enter into an interagency agreement for the purpose of sharing

22  information about juvenile offenders among all parties. The

23  agreement must specify the conditions under which summary

24  criminal history information is to be made available to

25  appropriate school personnel, and the conditions under which

26  school records are to be made available to appropriate

27  department personnel. Such agreement shall require

28  notification to any classroom teacher of assignment to the

29  teacher's classroom of a juvenile who has been placed in a

30  probation or commitment program for a felony offense. The

31  agencies entering into such agreement must comply with s.


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                                    CS/CS/HB 267, Second Engrossed



  1  943.0525, and must maintain the confidentiality of information

  2  that is otherwise exempt from s. 119.07(1), as provided by

  3  law.

  4         (4)(a)  Records in the custody of the Department of

  5  Juvenile Justice regarding children are not open to inspection

  6  by the public. Such records may be inspected only upon order

  7  of the Secretary of Juvenile Justice or his or her authorized

  8  agent by persons who have sufficient reason and upon such

  9  conditions for their use and disposition as the secretary or

10  his or her authorized agent deems proper. The information in

11  such records may be disclosed only to other employees of the

12  Department of Juvenile Justice who have a need therefor in

13  order to perform their official duty; to other persons as

14  authorized by rule of the Department of Juvenile Justice; and,

15  upon request, to the Juvenile Justice Advisory Board and the

16  Department of Corrections. The secretary or his or her

17  authorized agent may permit properly qualified persons to

18  inspect and make abstracts from records for statistical

19  purposes under whatever conditions upon their use and

20  disposition the secretary or his or her authorized agent deems

21  proper, provided adequate assurances are given that children's

22  names and other identifying information will not be disclosed

23  by the applicant.

24         (5)  Notwithstanding any other provisions of this part,

25  the name, photograph, address, and crime or arrest report of a

26  child:

27         (a)  Taken into custody if the child has been taken

28  into custody by a law enforcement officer for a violation of

29  law which, if committed by an adult, would be a felony; or

30

31


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                                    CS/CS/HB 267, Second Engrossed



  1         (b)  Found by a court to have committed three or more

  2  violations of law which, if committed by an adult, would be

  3  misdemeanors;

  4         (c)  Transferred to the adult system pursuant to s.

  5  985.227, indicted pursuant to s. 985.225, or waived pursuant

  6  to s. 95.226;

  7         (d)  Taken into custody by a law enforcement officer

  8  for a violation of law subject to the provisions of s.

  9  985.227(2)(b) or (d); or

10         (e)  Transferred to the adult system but sentenced to

11  the juvenile system pursuant to s. 985.233

12

13  shall not be considered confidential and exempt from the

14  provisions of s. 119.07(1) solely because of the child's age.

15         Section 16.  Paragraph (d) of subsection (1) and

16  subsection (2) of section 985.207, Florida Statutes, are

17  amended to read:

18         985.207  Taking a child into custody.--

19         (1)  A child may be taken into custody under the

20  following circumstances:

21         (d)  By a law enforcement officer who has probable

22  cause to believe that the child is in violation of the

23  conditions of the child's probation, home detention,

24  postcommitment probation community control, or conditional

25  release supervision or has escaped absconded from commitment.

26

27  Nothing in this subsection shall be construed to allow the

28  detention of a child who does not meet the detention criteria

29  in s. 985.215.

30         (2)  When a child is taken into custody as provided in

31  this section, the person taking the child into custody shall


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                                    CS/CS/HB 267, Second Engrossed



  1  attempt to notify the parent, guardian, or legal custodian of

  2  the child.  The person taking the child into custody shall

  3  continue such attempt until the parent, guardian, or legal

  4  custodian of the child is notified or the child is delivered

  5  to a juvenile probation officer pursuant to s. 985.21,

  6  whichever occurs first.  If the child is delivered to a

  7  juvenile probation officer before the parent, guardian, or

  8  legal custodian is notified, the juvenile probation officer

  9  shall continue the attempt to notify until the parent,

10  guardian, or legal custodian of the child is notified.

11  Following notification, the parent or guardian must provide

12  identifying information, including name, address, date of

13  birth, social security number, and driver's license number or

14  identification card number of the parent or guardian to the

15  person taking the child into custody or the juvenile probation

16  officer.

17         Section 17.  Subsection (5) of section 985.21, Florida

18  Statutes, is amended to read:

19         985.21  Intake and case management.--

20         (5)  Prior to requesting that a delinquency petition be

21  filed or prior to filing a dependency petition, the juvenile

22  probation officer may request the parent or legal guardian of

23  the child to attend a course of instruction in parenting

24  skills, training in conflict resolution, and the practice of

25  nonviolence; to accept counseling; or to receive other

26  assistance from any agency in the community which notifies the

27  clerk of the court of the availability of its services. Where

28  appropriate, the juvenile probation officer shall request both

29  parents or guardians to receive such parental assistance. The

30  juvenile probation officer may, in determining whether to

31  request that a delinquency petition be filed, take into


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                                    CS/CS/HB 267, Second Engrossed



  1  consideration the willingness of the parent or legal guardian

  2  to comply with such request. The parent or guardian must

  3  provide the juvenile probation officer with identifying

  4  information, including the parent's or guardian's name,

  5  address, date of birth, social security number, and driver's

  6  license number or identification card number in order to

  7  comply with ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d).

  8         Section 18.  Paragraph (b) of subsection (2) of section

  9  985.213, Florida Statutes, is amended to read:

10         985.213  Use of detention.--

11         (2)

12         (b)1.  The risk assessment instrument for detention

13  care placement determinations and orders shall be developed by

14  the Department of Juvenile Justice in agreement with

15  representatives appointed by the following associations: the

16  Conference of Circuit Judges of Florida, the Prosecuting

17  Attorneys Association, the Public Defenders Association, the

18  Florida Sheriffs Association, and the Florida Association of

19  Chiefs of Police.  Each association shall appoint two

20  individuals, one representing an urban area and one

21  representing a rural area.  The parties involved shall

22  evaluate and revise the risk assessment instrument as is

23  considered necessary using the method for revision as agreed

24  by the parties. The risk assessment instrument shall take into

25  consideration, but need not be limited to, prior history of

26  failure to appear, prior offenses, offenses committed pending

27  adjudication, any unlawful possession of a firearm, theft of a

28  motor vehicle or possession of a stolen motor vehicle, and

29  probation community control status at the time the child is

30  taken into custody. The risk assessment instrument shall also

31  take into consideration appropriate aggravating and mitigating


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                                    CS/CS/HB 267, Second Engrossed



  1  circumstances, and shall be designed to target a narrower

  2  population of children than s. 985.215(2). The risk assessment

  3  instrument shall also include any information concerning the

  4  child's history of abuse and neglect. The risk assessment

  5  shall indicate whether detention care is warranted, and, if

  6  detention care is warranted, whether the child should be

  7  placed into secure, nonsecure, or home detention care.

  8         2.  If, at the detention hearing, the court finds a

  9  material error in the scoring of the risk assessment

10  instrument, the court may amend the score to reflect factual

11  accuracy.

12         3.  A child who is charged with committing an offense

13  of domestic violence as defined in s. 741.28(1) and who does

14  not meet detention criteria may be held in secure detention if

15  the court makes specific written findings that:

16         a.  Respite care for the child is not available; and

17         b.  It is necessary to place the child in secure

18  detention in order to protect the victim from injury.

19

20  The child may not be held in secure detention under this

21  subparagraph for more than 48 hours unless ordered by the

22  court. After 48 hours, the court shall hold a hearing if the

23  state attorney or victim requests that secure detention be

24  continued. The child may continue to be held in detention care

25  if the court makes a specific, written finding that detention

26  care is necessary to protect the victim from injury. However,

27  the child may not be held in detention care beyond the time

28  limits set forth in s. 985.215.

29         4.  For a child who is under the supervision of the

30  department through probation community control, home

31  detention, nonsecure detention, conditional release aftercare,


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                                    CS/CS/HB 267, Second Engrossed



  1  postcommitment probation community control, or commitment and

  2  who is charged with committing a new offense, the risk

  3  assessment instrument may be completed and scored based on the

  4  underlying charge for which the child was placed under the

  5  supervision of the department and the new offense.

  6         Section 19.  Paragraph (a) of subsection (2) of section

  7  985.215, Florida Statutes, is amended, and paragraph (f) is

  8  added to subsection (10) of said section, to read:

  9         985.215  Detention.--

10         (2)  Subject to the provisions of subsection (1), a

11  child taken into custody and placed into nonsecure or home

12  detention care or detained in secure detention care prior to a

13  detention hearing may continue to be detained by the court if:

14         (a)  The child is alleged to be an escapee or an

15  absconder from a commitment program, a probation program,

16  furlough, or conditional release supervision, or is alleged to

17  have escaped while being lawfully transported to or from such

18  program or supervision.

19

20  A child who meets any of these criteria and who is ordered to

21  be detained pursuant to this subsection shall be given a

22  hearing within 24 hours after being taken into custody. The

23  purpose of the detention hearing is to determine the existence

24  of probable cause that the child has committed the delinquent

25  act or violation of law with which he or she is charged and

26  the need for continued detention. Unless a child is detained

27  under paragraph (d) or paragraph (e), the court shall utilize

28  the results of the risk assessment performed by the juvenile

29  probation officer and, based on the criteria in this

30  subsection, shall determine the need for continued detention.

31  A child placed into secure, nonsecure, or home detention care


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                                    CS/CS/HB 267, Second Engrossed



  1  may continue to be so detained by the court pursuant to this

  2  subsection. If the court orders a placement more restrictive

  3  than indicated by the results of the risk assessment

  4  instrument, the court shall state, in writing, clear and

  5  convincing reasons for such placement. Except as provided in

  6  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

  7  paragraph (10)(c), or paragraph (10)(d), when a child is

  8  placed into secure or nonsecure detention care, or into a

  9  respite home or other placement pursuant to a court order

10  following a hearing, the court order must include specific

11  instructions that direct the release of the child from such

12  placement no later than 5 p.m. on the last day of the

13  detention period specified in paragraph (5)(b) or paragraph

14  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

15  unless the requirements of such applicable provision have been

16  met or an order of continuance has been granted pursuant to

17  paragraph (5)(d).

18         (10)

19         (f)  Regardless of detention status, a child being

20  transported by the department to a commitment facility of the

21  department may be placed in secure detention overnight, not to

22  exceed a 24-hour period, for the specific purpose of ensuring

23  the safe delivery of the child to his or her commitment

24  program, court, appointment, transfer, or release.

25         Section 20.  Effective upon this act becoming a law and

26  operating retroactively to July 1, 2000, subsection (6) of

27  section 985.215, Florida Statutes, is amended to read:

28         985.215  Detention.--

29         (6)(a)  When any child is placed into secure,

30  nonsecure, or home detention care or into other placement

31  pursuant to a court order following a detention hearing, the


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                                    CS/CS/HB 267, Second Engrossed



  1  court shall order the natural or adoptive parents or guardians

  2  of such child, including the natural father of such child born

  3  out of wedlock who has acknowledged his paternity in writing

  4  before the court, or the guardian of such child's estate, if

  5  possessed of assets which under law may be disbursed for the

  6  care, support, and maintenance of the child, to pay to the

  7  Department of Juvenile Justice fees in the an amount of $5 $20

  8  per day that the child is under the care or supervision of the

  9  department in order to partially offset related to the cost of

10  the care, support, and maintenance, and other usual and

11  ordinary obligations of parents to provide for the needs of

12  their children of the child, as established by the Department

13  of Juvenile Justice, unless the court makes a finding on the

14  record that the parent or guardian of the child is indigent.

15         (b)  At the time of the detention hearing, the

16  department shall report to the court, verbally or in writing,

17  any available information concerning the ability of the parent

18  or guardian of the child to pay such fee. If the court makes a

19  finding of indigency, the parent or guardian shall pay to the

20  department a nominal subsistence fee of $2 per day that the

21  child is securely detained outside the home or $1 per day if

22  the child is otherwise detained in lieu of other fees related

23  to the parent's obligation for the child's cost of care.  The

24  nominal subsistence fee may only be waived or reduced if the

25  court makes a finding that such payment would constitute a

26  significant financial hardship.  Such finding shall be in

27  writing and shall contain a detailed description of the facts

28  that led the court to make both the finding of indigency and

29  the finding of significant financial hardship. As to each

30  parent or guardian for whom the court makes a finding of

31  indigency, the court may reduce the fees or waive the fees


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                                    CS/CS/HB 267, Second Engrossed



  1  upon a showing by the parent or guardian of an inability to

  2  pay the fees specified herein. If the court makes a finding of

  3  indigency or inability to pay the full cost of care, support,

  4  and maintenance of the child, the court shall order the parent

  5  or guardian to pay to the department a nominal subsistence fee

  6  on behalf of the child in the amount of at least $2 per day

  7  that the child is detained outside the home or at least $1 per

  8  day if the child is otherwise detained, unless the court makes

  9  a finding on the record that the parent or guardian would

10  suffer a significant hardship if obligated for such amount.

11         (c)  In addition, the court may reduce the fees or

12  waive the fees as to each parent or guardian if the court

13  makes a finding on the record that the parent or guardian was

14  the victim of the delinquent act or violation of law for which

15  the child is detained and that the parent or guardian is

16  cooperating in the investigation of the offense.  As to each

17  parent or guardian, the court may reduce the fees or waive the

18  fees if the court makes a finding on the record that the

19  parent or guardian has made a diligent and good faith effort

20  to prevent the child from engaging in the delinquent act or

21  violation of law.

22         (d)  The court must include specific findings in the

23  detention order as to what fees are ordered, reduced, or

24  waived.  If the court fails to enter an order as required by

25  this subsection, it shall be presumed that the court intended

26  the parent or guardian to pay to the department the fee of $5

27  $20 per day that the child remains in detention care.

28         (e)  With respect to a child who has been found to have

29  committed a delinquent act or violation of law, whether or not

30  adjudication is withheld, and whose parent or guardian

31  receives public assistance for any portion of that child's


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                                    CS/CS/HB 267, Second Engrossed



  1  care, the department must seek a federal waiver to garnish or

  2  otherwise order the payments of the portion of the public

  3  assistance relating to that child to offset the costs of

  4  providing care, custody, maintenance, rehabilitation,

  5  intervention, or corrective services to the child. When the

  6  order affects the guardianship estate, a certified copy of the

  7  order shall be delivered to the judge having jurisdiction of

  8  the guardianship estate.

  9         (f)  The clerk of the circuit court shall act as a

10  depository for these fees.  Upon each payment received, the

11  clerk of the circuit court shall receive a fee from the total

12  payment of 3 percent of any payment made except that no fee

13  shall be less than $1 nor more than $5 per payment made.  This

14  fee shall serve as a service charge for the administration,

15  management, and maintenance of each payment.  At the end of

16  each month, the clerk of the circuit court shall send all

17  money collected under this section to the state Grants and

18  Donations Trust Fund.

19         (g)  The parent or guardian shall provide to the

20  department the parent's or guardian's name, address, social

21  security number, date of birth, and driver's license number or

22  identification card number and sufficient financial

23  information for the department to be able to determine the

24  parent's or guardian's ability to pay. If the parent or

25  guardian refuses to provide the department with any

26  identifying information or financial information, the court

27  shall order the parent to comply and may pursue contempt of

28  court sanctions for failure to comply.

29         (h)  The department may employ a collection agency for

30  the purpose of receiving, collecting, and managing the payment

31  of unpaid and delinquent fees. The collection agency must be


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                                    CS/CS/HB 267, Second Engrossed



  1  registered and in good standing under chapter 559. The

  2  department may pay to the collection agency a fee from the

  3  amount collected under the claim or may authorize the agency

  4  to deduct the fee from the amount collected.  The department

  5  may also pay for collection services from available authorized

  6  funds.

  7         (i)  The department may enter into agreements with

  8  parents or guardians to establish a schedule of periodic

  9  payments if payment of the obligation in full presents an

10  undue hardship.  Any such agreement may provide for payment of

11  interest consistent with prevailing loan rates.

12         (j)  The Department of Juvenile Justice shall provide

13  to the payor documentation of any amounts paid by the payor to

14  the Department of Juvenile Justice on behalf of the child. All

15  payments received by the department pursuant to this

16  subsection shall be deposited in the state Grants and

17  Donations Trust Fund.  Neither the court nor the department

18  may extend the child's length of stay in detention care solely

19  for the purpose of collecting fees.

20         Section 21.  Subsection (4) of section 985.227, Florida

21  Statutes, is amended to read:

22         985.227  Prosecution of juveniles as adults by the

23  direct filing of an information in the criminal division of

24  the circuit court; discretionary criteria; mandatory

25  criteria.--

26         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

27  attorney shall develop written policies and guidelines to

28  govern determinations for filing an information on a juvenile,

29  to be submitted to the Executive Office of the Governor, the

30  President of the Senate, and the Speaker of the House of

31


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                                    CS/CS/HB 267, Second Engrossed



  1  Representatives, and the Juvenile Justice Advisory Board not

  2  later than January 1 of each year.

  3         Section 22.  Subsection (4) of section 985.228, Florida

  4  Statutes, is amended to read:

  5         985.228  Adjudicatory hearings; withheld adjudications;

  6  orders of adjudication.--

  7         (4)  If the court finds that the child named in the

  8  petition has committed a delinquent act or violation of law,

  9  it may, in its discretion, enter an order stating the facts

10  upon which its finding is based but withholding adjudication

11  of delinquency and placing the child in a probation program

12  under the supervision of the department or under the

13  supervision of any other person or agency specifically

14  authorized and appointed by the court. The court may, as a

15  condition of the program, impose as a penalty component

16  restitution in money or in kind, community service, a curfew,

17  urine monitoring, revocation or suspension of the driver's

18  license of the child, or other nonresidential punishment

19  appropriate to the offense, and may impose as a rehabilitative

20  component a requirement of participation in substance abuse

21  treatment, or school or other educational program attendance.

22  If the child is attending public school and the court finds

23  that the victim or a sibling of the victim in the case was

24  assigned to attend or is eligible to attend the same school as

25  the child, the court order shall include a finding pursuant to

26  the proceedings described in s. 985.23(1)(d). If the court

27  later finds that the child has not complied with the rules,

28  restrictions, or conditions of the community-based program,

29  the court may, after a hearing to establish the lack of

30  compliance, but without further evidence of the state of

31  delinquency, enter an adjudication of delinquency and shall


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                                    CS/CS/HB 267, Second Engrossed



  1  thereafter have full authority under this chapter to deal with

  2  the child as adjudicated.

  3         Section 23.  Paragraph (d) of subsection (1) of section

  4  985.23, Florida Statutes, is amended to read:

  5         985.23  Disposition hearings in delinquency

  6  cases.--When a child has been found to have committed a

  7  delinquent act, the following procedures shall be applicable

  8  to the disposition of the case:

  9         (1)  Before the court determines and announces the

10  disposition to be imposed, it shall:

11         (d)  Give all parties present at the hearing an

12  opportunity to comment on the issue of disposition and any

13  proposed rehabilitative plan. Parties to the case shall

14  include the parents, legal custodians, or guardians of the

15  child; the child's counsel; the state attorney;

16  representatives of the department; the victim if any, or his

17  or her representative; representatives of the school system;

18  and the law enforcement officers involved in the case. If the

19  child is attending or is eligible to attend public school and

20  the court finds that the victim or a sibling of the victim in

21  the case is attending or may attend the same school as the

22  child, the court shall, on its own motion or upon the request

23  of any party or any parent or legal guardian of the victim,

24  determine whether it is appropriate to enter a no contact

25  order in favor of the victim or a sibling of the victim. If

26  appropriate and acceptable to the victim and the victim's

27  parent or parents or legal guardian, the court may reflect in

28  the written disposition order that the victim or the victim's

29  parent stated in writing or in open court that he or she did

30  not object to the offender being permitted to attend the same

31


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                                    CS/CS/HB 267, Second Engrossed



  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 24.  Paragraph (a) of subsection (1) and

11  subsection (2) of section 985.231, Florida Statutes, are

12  amended to read:

13         985.231  Powers of disposition in delinquency cases.--

14         (1)(a)  The court that has jurisdiction of an

15  adjudicated delinquent child may, by an order stating the

16  facts upon which a determination of a sanction and

17  rehabilitative program was made at the disposition hearing:

18         1.  Place the child in a probation program or a

19  postcommitment probation program under the supervision of an

20  authorized agent of the Department of Juvenile Justice or of

21  any other person or agency specifically authorized and

22  appointed by the court, whether in the child's own home, in

23  the home of a relative of the child, or in some other suitable

24  place under such reasonable conditions as the court may

25  direct. A probation program for an adjudicated delinquent

26  child must include a penalty component such as restitution in

27  money or in kind, community service, a curfew, revocation or

28  suspension of the driver's license of the child, or other

29  nonresidential punishment appropriate to the offense and must

30  also include a rehabilitative program component such as a

31  requirement of participation in substance abuse treatment or


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                                    CS/CS/HB 267, Second Engrossed



  1  in school or other educational program. If the child is

  2  attending or is eligible to attend public school and the court

  3  finds that the victim or a sibling of the victim in the case

  4  is attending or may attend the same school as the child, the

  5  court placement order shall include a finding pursuant to the

  6  proceedings described in s. 985.23(1)(d). Upon the

  7  recommendation of the department at the time of disposition,

  8  or subsequent to disposition pursuant to the filing of a

  9  petition alleging a violation of the child's conditions of

10  postcommitment probation or conditional release supervision,

11  the court may order the child to submit to random testing for

12  the purpose of detecting and monitoring the use of alcohol or

13  controlled substances.

14         a.  A restrictiveness level classification scale for

15  levels of supervision shall be provided by the department,

16  taking into account the child's needs and risks relative to

17  probation supervision requirements to reasonably ensure the

18  public safety. Probation programs for children shall be

19  supervised by the department or by any other person or agency

20  specifically authorized by the court. These programs must

21  include, but are not limited to, structured or restricted

22  activities as described in this subparagraph, and shall be

23  designed to encourage the child toward acceptable and

24  functional social behavior. If supervision or a program of

25  community service is ordered by the court, the duration of

26  such supervision or program must be consistent with any

27  treatment and rehabilitation needs identified for the child

28  and may not exceed the term for which sentence could be

29  imposed if the child were committed for the offense, except

30  that the duration of such supervision or program for an

31  offense that is a misdemeanor of the second degree, or is


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                                    CS/CS/HB 267, Second Engrossed



  1  equivalent to a misdemeanor of the second degree, may be for a

  2  period not to exceed 6 months. When restitution is ordered by

  3  the court, the amount of restitution may not exceed an amount

  4  the child and the parent or guardian could reasonably be

  5  expected to pay or make. A child who participates in any work

  6  program under this part is considered an employee of the state

  7  for purposes of liability, unless otherwise provided by law.

  8         b.  The court may conduct judicial review hearings for

  9  a child placed on probation for the purpose of fostering

10  accountability to the judge and compliance with other

11  requirements, such as restitution and community service. The

12  court may allow early termination of probation for a child who

13  has substantially complied with the terms and conditions of

14  probation.

15         c.  If the conditions of the probation program or the

16  postcommitment probation program are violated, the department

17  or the state attorney may bring the child before the court on

18  a petition alleging a violation of the program. Any child who

19  violates the conditions of probation or postcommitment

20  probation must be brought before the court if sanctions are

21  sought. A child taken into custody under s. 985.207 for

22  violating the conditions of probation or postcommitment

23  probation shall be held in a consequence unit if such a unit

24  is available. The child shall be afforded a hearing within 24

25  hours after being taken into custody to determine the

26  existence of probable cause that the child violated the

27  conditions of probation or postcommitment probation. A

28  consequence unit is a secure facility specifically designated

29  by the department for children who are taken into custody

30  under s. 985.207 for violating probation or postcommitment

31  probation, or who have been found by the court to have


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                                    CS/CS/HB 267, Second Engrossed



  1  violated the conditions of probation or postcommitment

  2  probation. If the violation involves a new charge of

  3  delinquency, the child may be detained under s. 985.215 in a

  4  facility other than a consequence unit. If the child is not

  5  eligible for detention for the new charge of delinquency, the

  6  child may be held in the consequence unit pending a hearing

  7  and is subject to the time limitations specified in s.

  8  985.215. If the child denies violating the conditions of

  9  probation or postcommitment probation, the court shall appoint

10  counsel to represent the child at the child's request. Upon

11  the child's admission, or if the court finds after a hearing

12  that the child has violated the conditions of probation or

13  postcommitment probation, the court shall enter an order

14  revoking, modifying, or continuing probation or postcommitment

15  probation. In each such case, the court shall enter a new

16  disposition order and, in addition to the sanctions set forth

17  in this paragraph, may impose any sanction the court could

18  have imposed at the original disposition hearing. If the child

19  is found to have violated the conditions of probation or

20  postcommitment probation, the court may:

21         (I)  Place the child in a consequence unit in that

22  judicial circuit, if available, for up to 5 days for a first

23  violation, and up to 15 days for a second or subsequent

24  violation.

25         (II)  Place the child on home detention with electronic

26  monitoring. However, this sanction may be used only if a

27  residential consequence unit is not available.

28         (III)  Modify or continue the child's probation program

29  or postcommitment probation program.

30         (IV)  Revoke probation or postcommitment probation and

31  commit the child to the department.


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                                    CS/CS/HB 267, Second Engrossed



  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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                                    CS/CS/HB 267, Second Engrossed



  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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                                    CS/CS/HB 267, Second Engrossed



  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         (2)  Following a delinquency adjudicatory hearing

31  pursuant to s. 985.228 and a delinquency disposition hearing


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                                    CS/CS/HB 267, Second Engrossed



  1  pursuant to s. 985.23 which results in a commitment

  2  determination, the court shall, on its own or upon request by

  3  the state or the department, determine whether the protection

  4  of the public requires that the child be placed in a program

  5  for serious or habitual juvenile offenders and whether the

  6  particular needs of the child would be best served by a

  7  program for serious or habitual juvenile offenders as provided

  8  in s. 985.31. The determination shall be made pursuant to ss.

  9  985.03(46)(47) and 985.23(3).

10         Section 25.  Effective upon this act becoming a law and

11  operating retroactively to July 1, 2000, paragraph (b) of

12  subsection (1) of section 985.231, Florida Statutes, is

13  amended to read:

14         985.231  Powers of disposition in delinquency cases.--

15         (1)

16         (b)1.  When any child is adjudicated by the court to

17  have committed a delinquent act and temporary legal custody of

18  the child has been placed with a licensed child-caring agency

19  or the Department of Juvenile Justice, the court shall order

20  the natural or adoptive parents of such child, including the

21  natural father of such child born out of wedlock who has

22  acknowledged his paternity in writing before the court, or the

23  guardian of such child's estate, if possessed of assets that

24  under law may be disbursed for the care, support, and

25  maintenance of the child, to pay fees to the department in the

26  amount of $5 per day that the child is under the care or

27  supervision of the department in order to partially offset the

28  not to exceed the actual cost of the care, support, and

29  maintenance, and other usual and ordinary obligations of

30  parents to provide for the needs of their children while of

31  the child in the recommended residential commitment level,


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                                    CS/CS/HB 267, Second Engrossed



  1  unless the court makes a finding on the record that the parent

  2  or guardian of the child is indigent.

  3         2.  No later than the disposition hearing, the

  4  department shall provide the court with information concerning

  5  the actual cost of care, support, and maintenance of the child

  6  in the recommended residential commitment level and concerning

  7  the ability of the parent or guardian of the child to pay any

  8  fees. If the court makes a finding of indigency, the parent or

  9  guardianship shall pay to the department a nominal subsistence

10  fee of $2 per day that the child is committed outside the home

11  or $1 per day if the child is otherwise supervised in lieu of

12  other fees related to the parents' obligation for the child's

13  cost of care.  The nominal subsistence fee may only be waived

14  or reduced if the court makes a finding that such payment

15  would constitute a significant financial hardship.  Such

16  finding shall be in writing and shall contain a detailed

17  description of the facts that led the court to make both the

18  finding of indigency and the finding of significant financial

19  hardship. As to each parent or guardian for whom the court

20  makes a finding of indigency, the court may reduce the fees or

21  waive the fees upon a showing by the parent or guardian of an

22  inability to pay the full cost of the care, support, and

23  maintenance of the child. If the court makes a finding of

24  indigency or inability to pay the full cost of care, support,

25  and maintenance of the child, the court shall order the parent

26  or guardian to pay to the department a nominal subsistence fee

27  on behalf of the child in the amount of at least $2 per day

28  that the child is placed outside the home or at least $1 per

29  day if the child is otherwise placed, unless the court makes a

30  finding on the record that the parent or guardian would suffer

31  a significant hardship if obligated for such amount.


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                                    CS/CS/HB 267, Second Engrossed



  1         3.  In addition, the court may reduce the fees or waive

  2  the fees as to each parent or guardian if the court makes a

  3  finding on the record that the parent or guardian was the

  4  victim of the delinquent act or violation of law for which the

  5  child is subject to placement under this section and that the

  6  parent or guardian has cooperated in the investigation and

  7  prosecution of the offense. As to each parent or guardian, the

  8  court may reduce the fees or waive the fees if the court makes

  9  a finding on the record that the parent or guardian has made a

10  diligent and good faith effort to prevent the child from

11  engaging in the delinquent act or violation of law.

12         4.  All orders committing a child to a residential

13  commitment program shall include specific findings as to what

14  fees are ordered, reduced, or waived. If the court fails to

15  enter an order as required by this paragraph, it shall be

16  presumed that the court intended the parent or guardian to pay

17  fees to the department in an amount of $5 per day related to

18  not to exceed the actual cost of the care, support, and

19  maintenance of the child.  With regard to a child who reaches

20  the age of 18 prior to the disposition hearing, the court may

21  elect to direct an order required by this paragraph to such

22  child, rather than the parent or guardian. With regard to a

23  child who reaches the age of 18 while in the custody of the

24  department, the court may, upon proper motion of any party,

25  hold a hearing as to whether any party should be further

26  obligated respecting the payment of fees. When the order

27  affects the guardianship estate, a certified copy of the order

28  shall be delivered to the judge having jurisdiction of the

29  guardianship estate.

30         5.  The clerk of the circuit court shall act as a

31  depository for these fees. Upon each payment received, the


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  1  clerk of the circuit court shall receive a fee from the total

  2  payment of 3 percent of any payment made except that no fee

  3  shall be less than $1 nor more than $5 per payment made.  This

  4  fee shall serve as a service charge for the administration,

  5  management, and maintenance of each payment.  At the end of

  6  each month, the clerk of the circuit court shall send all

  7  money collected under this section to the state Grants and

  8  Donations Trust Fund.

  9         6.  The parent or guardian shall provide to the

10  department the parent or guardian's name, address, social

11  security number, state of birth, and driver's license number

12  or identification card number and sufficient financial

13  information for the department to be able to determine the

14  parent or guardian's ability to pay.  If the parent or

15  guardian refuses to provide the department with any

16  identifying information or financial information, the court

17  shall order the parent to comply and may pursue contempt of

18  court sanctions for failure to comply.

19         7.  The department may employ a collection agency for

20  the purpose of receiving, collecting, and managing the payment

21  of unpaid and delinquent fees. The collection agency must be

22  registered and in good standing under chapter 559. The

23  department may pay to the collection agency a fee from the

24  amount collected under the claim or may authorize the agency

25  to deduct the fee from the amount collected. The department

26  may also pay for collection services from available authorized

27  funds.

28         8.  The department may enter into agreements with

29  parents or guardians to establish a schedule of periodic

30  payments if payment of the obligation in full presents an

31


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                                    CS/CS/HB 267, Second Engrossed



  1  undue hardship.  Any such agreement may provide for payment of

  2  interests consistent with prevailing loan rates.

  3         9.  The Department of Juvenile Justice shall provide to

  4  the payor documentation of any amounts paid by the payor to

  5  the Department of Juvenile Justice on behalf of the child. All

  6  payments received by the department pursuant to this

  7  subsection shall be deposited in the state Grants and

  8  Donations Trust Fund.

  9         10.  Neither the court nor the department may extend

10  the child's length of stay in placement care solely for the

11  purpose of collecting fees.

12         Section 26.  Effective upon this act becoming a law and

13  operating retroactively to July 1, 2000, paragraph (d) of

14  subsection (4) of section 985.233, Florida Statutes, is

15  amended to read:

16         985.233  Sentencing powers; procedures; alternatives

17  for juveniles prosecuted as adults.--

18         (4)  SENTENCING ALTERNATIVES.--

19         (d)1.  Recoupment of cost of care in juvenile justice

20  facilities.--When the court orders commitment of a child to

21  the Department of Juvenile Justice for treatment in any of the

22  department's programs for children, the court shall order the

23  natural or adoptive parents of such child, including the

24  natural father of such child born out of wedlock who has

25  acknowledged his paternity in writing before the court, or

26  guardian of such child's estate, if possessed of assets which

27  under law may be disbursed for the care, support, and

28  maintenance of the child, to pay fees in the amount of $5 per

29  day that the child is under the care or supervision of the

30  department in order to partially offset the not to exceed the

31  actual cost of the care, support, and maintenance, and other


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  1  usual and ordinary obligations of parents to provide for the

  2  needs of their children of the child, unless the court makes a

  3  finding on the record that the parent or legal guardian of the

  4  child is indigent.

  5         2.  Prior to commitment, the department shall provide

  6  the court with information concerning the actual cost of care

  7  in the recommended residential commitment level and concerning

  8  the ability of the parent or guardian of the child to pay

  9  specified fees. If the court makes a finding of indigency, the

10  parent or guardian shall pay to the department a nominal

11  subsistence fee of $2 per day that the child is committed

12  outside the home or $1 per day if the child is otherwise

13  supervised in lieu of other fees related to the parent's

14  obligation for the child's cost of care. The nominal

15  subsistence fee may only be waived or reduced if the court

16  makes a finding that such payment would constitute a

17  significant financial hardship.  Such finding shall be in

18  writing and shall contain a detailed description of the facts

19  that led the court to make both the finding of indigency and

20  the finding of significant financial hardship. As to each

21  parent or guardian for whom the court makes a finding of

22  indigency, the court may reduce the fees or waive the fees

23  upon a showing by the parent or guardian of an inability to

24  pay the full cost of the care, support, and maintenance of the

25  child. If the court makes a finding of indigency or inability

26  to pay the full cost of care, support, and maintenance of the

27  child, the court shall order the parent or guardian to pay the

28  department a nominal subsistence fee on behalf of the child in

29  the amount of at least $2 per day that the child is placed

30  outside the home or at least $1 per day if the child is

31  otherwise placed, unless the court makes a finding on the


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                                    CS/CS/HB 267, Second Engrossed



  1  record that the parent or guardian would suffer a significant

  2  hardship if obligated for such amount.

  3         3.  In addition, the court may reduce the fees or waive

  4  the fees as to each parent or guardian if the court makes a

  5  finding on the record that the parent or guardian was the

  6  victim of the delinquent act or violation of law for which the

  7  child is subject to commitment under this section and that the

  8  parent or guardian has cooperated in the investigation and

  9  prosecution of the offense.  As to each parent or guardian,

10  the court may reduce the fees or waive the fees if the court

11  makes a finding on the record that the parent or guardian has

12  made a diligent and good faith effort to prevent the child

13  from engaging in the delinquent act or violation of law. When

14  the order affects the guardianship estate, a certified copy of

15  the order shall be delivered to the judge having jurisdiction

16  of the guardianship estate.

17         4.  All orders committing a child to a residential

18  commitment program shall include specific findings as to what

19  fees are ordered, reduced, or waived.  If the court fails to

20  enter an order as required by this paragraph, it shall be

21  presumed that the court intended the parent or guardian to pay

22  fees to the department in an amount of $5 per day related to

23  not to exceed the actual cost of the care, support, and

24  maintenance of the child.  With regard to a child who reaches

25  the age of 18 prior to the disposition hearing, the court may

26  elect to direct an order required by this paragraph to such

27  child, rather than the parent or guardian.  With regard to a

28  child who reaches the age of 18 while in the custody of the

29  department, the court may, upon proper motion of any party,

30  hold a hearing as to whether any party should be further

31  obligated respecting the payment of fees.


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  1         5.  The clerk of the circuit court shall act as a

  2  depository for these fees.  Upon each payment received, the

  3  clerk of the circuit court shall receive a fee from the total

  4  payment of 3 percent of any payment made except that no fee

  5  shall be less than $1 nor more than $5 per payment made.  This

  6  fee shall serve as a service charge for the administration,

  7  management, and maintenance of each payment.  At the end of

  8  each month, the clerk of the circuit court shall send all

  9  money collected under this section to the state Grants and

10  Donations Trust Fund.

11         6.  The parent or guardian shall provide to the

12  department the parent or guardian's name, address, social

13  security number, date of birth, and driver's license number or

14  identification card number and sufficient financial

15  information for the department to be able to determine the

16  parent or guardian's ability to pay.  If the parent or

17  guardian refuses to provide the department with any

18  identifying information or financial information, the court

19  shall order the parent to comply and may pursue contempt of

20  court sanctions for failure to comply.

21         7.  The department may employ a collection agency for

22  the purpose of receiving, collecting, and managing the payment

23  of unpaid and delinquent fees.  The collection agency must be

24  registered and in good standing under chapter 559.  The

25  department may pay to the collection agency a fee from the

26  amount collected under the claim or may authorize the agency

27  to deduct the fee from the amount collected.  The department

28  may also pay for collection services from available authorized

29  funds. The Department of Juvenile Justice shall provide to the

30  payor documentation of any amounts paid by the payor to the

31  Department of Juvenile Justice on behalf of the child. All


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                                    CS/CS/HB 267, Second Engrossed



  1  payments received by the department pursuant to this

  2  subsection shall be deposited in the state Grants and

  3  Donations Trust Fund.

  4         8.  Neither the court nor the department may extend the

  5  child's length of stay in commitment care solely for the

  6  purpose of collecting fees.

  7         Section 27.  Paragraph (f) is added to subsection (4)

  8  of section 985.233, Florida Statutes, to read:

  9         985.233  Sentencing powers; procedures; alternatives

10  for juveniles prosecuted as adults.--

11         (4)  SENTENCING ALTERNATIVES.--

12         (f)  School attendance.--If the child is attending or

13  is eligible to attend public school and the court finds that

14  the victim or a sibling of the victim in the case is attending

15  or may attend the same school as the child, the court

16  placement order shall include a finding pursuant to the

17  proceeding described in s. 985.23(1)(d).

18

19  It is the intent of the Legislature that the criteria and

20  guidelines in this subsection are mandatory and that a

21  determination of disposition under this subsection is subject

22  to the right of the child to appellate review under s.

23  985.234.

24         Section 28.  Subsection (2) of section 985.305, Florida

25  Statutes, is amended to read:

26         985.305  Early delinquency intervention program;

27  criteria.--

28         (2)  The early delinquency intervention program shall

29  consist of intensive residential treatment in a secure

30  facility for 7 days to 6 weeks, followed by 6 to 9 months of

31  additional services conditional release.  An early delinquency


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                                    CS/CS/HB 267, Second Engrossed



  1  intervention program facility shall be designed to accommodate

  2  the placement of a maximum of 10 children, except that the

  3  facility may accommodate up to 2 children in excess of that

  4  maximum if the additional children have previously been

  5  released from the residential portion of the program and are

  6  later found to need additional residential treatment.

  7         Section 29.  Section 985.3065, Florida Statutes, is

  8  amended to read:

  9         985.3065  Prearrest or postarrest diversion programs.--

10         (1)  A law enforcement agency or school district, in

11  cooperation with the state attorney, may establish a prearrest

12  or postarrest diversion program.

13         (2)  As part of the prearrest or postarrest diversion

14  program, a child who is alleged to have committed a delinquent

15  act may be required to surrender his or her driver's license,

16  or refrain from applying for a driver's license, for not more

17  than 90 days. If the child fails to comply with the

18  requirements of the program, the state attorney may notify the

19  Department of Highway Safety and Motor Vehicles in writing to

20  suspend the child's driver's license for a period that may not

21  exceed 90 days.

22         (3)  The prearrest or postarrest diversion program may,

23  upon agreement of the agencies that establish the program,

24  provide for the expunction of the nonjudicial arrest record of

25  a minor who successfully completes such a program pursuant to

26  s. 943.0582.

27         Section 30.  Paragraph (e) of subsection (3) and

28  paragraph (a) of subsection (4) of section 985.31, Florida

29  Statutes, are amended to read:

30         985.31  Serious or habitual juvenile offender.--

31


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                                    CS/CS/HB 267, Second Engrossed



  1         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  2  TREATMENT.--

  3         (e)  After a child has been adjudicated delinquent

  4  pursuant to s. 985.228, the court shall determine whether the

  5  child meets the criteria for a serious or habitual juvenile

  6  offender pursuant to s. 985.03(48)(47). If the court

  7  determines that the child does not meet such criteria, the

  8  provisions of s. 985.231(1) shall apply.

  9         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

10         (a)  Pursuant to the provisions of this section, the

11  department shall implement the comprehensive assessment

12  instrument for the treatment needs of serious or habitual

13  juvenile offenders and for the assessment, which assessment

14  shall include the criteria under s. 985.03(48)(47) and shall

15  also include, but not be limited to, evaluation of the

16  child's:

17         1.  Amenability to treatment.

18         2.  Proclivity toward violence.

19         3.  Tendency toward gang involvement.

20         4.  Substance abuse or addiction and the level thereof.

21         5.  History of being a victim of child abuse or sexual

22  abuse, or indication of sexual behavior dysfunction.

23         6.  Number and type of previous adjudications, findings

24  of guilt, and convictions.

25         7.  Potential for rehabilitation.

26         Section 31.  Subsection (4) of section 985.3155,

27  Florida Statutes, is amended to read:

28         985.3155  Multiagency plan for vocational education.--

29         (4)  The plan must also address strategies to

30  facilitate involvement of business and industry in the design,

31  delivery, and evaluation of vocational programming in juvenile


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                                    CS/CS/HB 267, Second Engrossed



  1  justice commitment facilities and conditional release

  2  aftercare programs, including apprenticeship and work

  3  experience programs, mentoring and job shadowing, and other

  4  strategies that lead to postrelease employment. Incentives for

  5  business involvement, such as tax breaks, bonding, and

  6  liability limits should be investigated, implemented where

  7  appropriate, or recommended to the Legislature for

  8  consideration.

  9         Section 32.  Subsections (4) and (5) of section

10  985.316, Florida Statutes, are amended to read:

11         985.316  Conditional release.--

12         (4)  After a youth is released from a residential

13  commitment program, conditional release services may be

14  delivered through either minimum-risk nonresidential

15  commitment restrictiveness programs or postcommitment

16  probation. A juvenile under minimum-risk nonresidential

17  commitment placement will continue to be on commitment status

18  and subject to the transfer provision under s. 985.404. A

19  juvenile on postcommitment probation will be subject to the

20  provisions under s. 985.231(1)(a).

21         (5)  Participation in the educational program by

22  students of compulsory school attendance age pursuant to s.

23  232.01 is mandatory for juvenile justice youth on conditional

24  release aftercare or postcommitment probation community

25  control status. A student of noncompulsory school-attendance

26  age who has not received a high school diploma or its

27  equivalent must participate in the educational program. A

28  youth who has received a high school diploma or its equivalent

29  and is not employed must participate in workforce development

30  or other vocational or technical education or attend a

31


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                                    CS/CS/HB 267, Second Engrossed



  1  community college or a university while in the program,

  2  subject to available funding.

  3         Section 33.  Subsections (3) and (4) of section

  4  985.404, Florida Statutes, are amended to read:

  5         985.404  Administering the juvenile justice

  6  continuum.--

  7         (3)(a)  The department shall develop or contract for

  8  diversified and innovative programs to provide rehabilitative

  9  treatment, including early intervention and prevention,

10  diversion, comprehensive intake, case management, diagnostic

11  and classification assessments, individual and family

12  counseling, shelter care, diversified detention care

13  emphasizing alternatives to secure detention, diversified

14  probation, halfway houses, foster homes, community-based

15  substance abuse treatment services, community-based mental

16  health treatment services, community-based residential and

17  nonresidential programs, environmental programs, and programs

18  for serious or habitual juvenile offenders. Each program shall

19  place particular emphasis on reintegration and conditional

20  release for all children in the program.

21         (b)  The Legislature intends that, whenever possible

22  and reasonable, the department make every effort to consider

23  qualified faith-based organizations on an equal basis with

24  other private organizations when selecting contract providers

25  of services to juveniles.

26         (c)  The department may contract with faith-based

27  organizations on the same basis as any other nongovernmental

28  provider, without impairing the religious character of such

29  organizations. Any faith-based organization may act as a

30  contractor in the delivery of services under any program, on

31  the same basis as any other nongovernmental provider, without


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                                    CS/CS/HB 267, Second Engrossed



  1  impairing the religious character of such organization.  A

  2  faith-based organization, which has entered into a contract

  3  with the department, shall retain its independence from state

  4  and local governments with regard to control over the

  5  definition, development, practice, and expression of its

  6  religious beliefs.  The department shall not require a

  7  faith-based organization to alter its form of internal

  8  government or remove religious art, icons, scripture, or other

  9  symbols in order to be eligible to contract as a provider.

10         (d)  The department may include in any services

11  contract a requirement that providers prepare plans describing

12  their implementation of paragraphs (a) and (c) of this

13  subsection.  A failure to deliver such plans, if required, may

14  be considered by the department as a breach of the contract

15  that may result in cancellation of the contract.

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

17  necessary to appropriately administer the child's commitment,

18  from one facility or program to another facility or program

19  operated, contracted, subcontracted, or designated by the

20  department, including a postcommitment minimum-risk

21  nonresidential conditional release program. The department

22  shall notify the court that committed the child to the

23  department and any attorney of record, in writing, of its

24  intent to transfer the child from a commitment facility or

25  program to another facility or program of a higher or lower

26  restrictiveness level.  The court that committed the child may

27  agree to the transfer or may set a hearing to review the

28  transfer.  If the court does not respond within 10 days after

29  receipt of the notice, the transfer of the child shall be

30  deemed granted.

31


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                                    CS/CS/HB 267, Second Engrossed



  1         Section 34.  Section 985.412, Florida Statutes, is

  2  amended to read:

  3         985.412  Quality assurance and cost-effectiveness.--

  4         (1)(a)  It is the intent of the Legislature that the

  5  department to:

  6         (a)1.  Ensure that information be provided to

  7  decisionmakers in a timely manner so that resources are

  8  allocated to programs of the department which achieve desired

  9  performance levels.

10         (b)2.  Provide information about the cost of such

11  programs and their differential effectiveness so that the

12  quality of such programs can be compared and improvements made

13  continually.

14         (c)3.  Provide information to aid in developing related

15  policy issues and concerns.

16         (d)4.  Provide information to the public about the

17  effectiveness of such programs in meeting established goals

18  and objectives.

19         (e)5.  Provide a basis for a system of accountability

20  so that each client is afforded the best programs to meet his

21  or her needs.

22         (f)6.  Improve service delivery to clients.

23         (g)7.  Modify or eliminate activities that are not

24  effective.

25         (2)(b)  As used in this section subsection, the term:

26         (a)1.  "Client" means any person who is being provided

27  treatment or services by the department or by a provider under

28  contract with the department.

29         (b)2.  "Program component" means an aggregation of

30  generally related objectives which, because of their special

31  character, related workload, and interrelated output, can


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                                    CS/CS/HB 267, Second Engrossed



  1  logically be considered an entity for purposes of

  2  organization, management, accounting, reporting, and

  3  budgeting.

  4         (c)3.  "Program effectiveness" means the ability of the

  5  program to achieve desired client outcomes, goals, and

  6  objectives.

  7         (3)  The department shall annually collect and report

  8  cost data for every program operated or contracted by the

  9  department. The cost data shall conform to a format approved

10  by the department and the Legislature. Uniform cost data shall

11  be reported and collected for state-operated and contracted

12  programs so that comparisons can be made among programs. The

13  department shall ensure that there is accurate cost accounting

14  for state-operated services including market-equivalent rent

15  and other shared cost. The cost of the educational program

16  provided to a residential facility shall be reported and

17  included in the cost of a program. The department shall submit

18  an annual cost report to the President of the Senate, the

19  Speaker of the House of Representatives, the Minority Leader

20  of each house of the Legislature, the appropriate substantive

21  and fiscal committees of each house of the Legislature, and

22  the Governor, no later than December 1 of each year.

23  Cost-benefit analysis for educational programs will be

24  developed and implemented in collaboration with and in

25  cooperation with the Department of Education, local providers,

26  and local school districts. Cost data for the report shall

27  include data collected by the Department of Education for the

28  purposes of preparing the annual report required by s.

29  230.23161(21).

30         (4)(a)  The Department of Juvenile Justice, in

31  consultation with the Office of Economic and Demographic


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                                    CS/CS/HB 267, Second Engrossed



  1  Research, and contract service providers, shall develop a

  2  cost-effectiveness model and apply the model to each

  3  commitment program. Program recidivism rates shall be a

  4  component of the model. The cost-effectiveness model shall

  5  compare program costs to client outcomes and program outputs.

  6  It is the intent of the Legislature that continual development

  7  efforts take place to improve the validity and reliability of

  8  the cost-effectiveness model and to integrate the standard

  9  methodology developed under s. 985.401(4) for interpreting

10  program outcome evaluations.

11         (b)  The department shall rank commitment programs

12  based on the cost-effectiveness model and shall submit a

13  report to the appropriate substantive and fiscal committees of

14  each house of the Legislature by December 31 of each year.

15         (c)  Based on reports of the department on client

16  outcomes and program outputs and on the department's most

17  recent cost-effectiveness rankings, the department may

18  terminate a program operated by the department or a provider

19  if the program has failed to achieve a minimum threshold of

20  program effectiveness. This paragraph does not preclude the

21  department from terminating a contract as provided under s.

22  985.412 or as otherwise provided by law or contract, and does

23  not limit the department's authority to enter into or

24  terminate a contract.

25         (d)  In collaboration with the Office of Economic and

26  Demographic Research, and contract service providers, the

27  department shall develop a work plan to refine the

28  cost-effectiveness model so that the model is consistent with

29  the performance-based program budgeting measures approved by

30  the Legislature to the extent the department deems

31  appropriate. The department shall notify the Office of Program


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                                    CS/CS/HB 267, Second Engrossed



  1  Policy Analysis and Government Accountability of any meetings

  2  to refine the model.

  3         (e)  Contingent upon specific appropriation, the

  4  department, in consultation with the Office of Economic and

  5  Demographic Research, and contract service providers, shall:

  6         1.  Construct a profile of each commitment program that

  7  uses the results of the quality assurance report required by

  8  s. 985.412, the cost-effectiveness report required in this

  9  subsection, and other reports available to the department.

10         2.  Target, for a more comprehensive evaluation, any

11  commitment program that has achieved consistently high, low,

12  or disparate ratings in the reports required under

13  subparagraph 1.

14         3.  Identify the essential factors that contribute to

15  the high, low, or disparate program ratings.

16         4.  Use the results of these evaluations in developing

17  or refining juvenile justice programs or program models,

18  client outcomes and program outputs, provider contracts,

19  quality assurance standards, and the cost-effectiveness model.

20         (5)(c)  The department shall:

21         (a)1.  Establish a comprehensive quality assurance

22  system for each program operated by the department or operated

23  by a provider under contract with the department. Each

24  contract entered into by the department must provide for

25  quality assurance.

26         (b)2.  Provide operational definitions of and criteria

27  for quality assurance for each specific program component.

28         (c)3.  Establish quality assurance goals and objectives

29  for each specific program component.

30         (d)4.  Establish the information and specific data

31  elements required for the quality assurance program.


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  1         (e)5.  Develop a quality assurance manual of specific,

  2  standardized terminology and procedures to be followed by each

  3  program.

  4         (f)6.  Evaluate each program operated by the department

  5  or a provider under a contract with the department and

  6  establish minimum thresholds for each program component. If a

  7  provider fails to meet the established minimum thresholds,

  8  such failure shall cause the department to cancel the

  9  provider's contract unless the provider achieves compliance

10  with minimum thresholds within 6 months or unless there are

11  documented extenuating circumstances. In addition, the

12  department may not contract with the same provider for the

13  canceled service for a period of 12 months. If a

14  department-operated program fails to meet the established

15  minimum thresholds, the department must take necessary and

16  sufficient steps to ensure and document program changes to

17  achieve compliance with the established minimum thresholds. If

18  the department-operated program fails to achieve compliance

19  with the established minimum thresholds within 6 months and if

20  there are no documented extenuating circumstances, the

21  department must notify the Executive Office of the Governor

22  and the Legislature of the corrective action taken.

23  Appropriate corrective action may include, but is not limited

24  to:

25         1.a.  Contracting out for the services provided in the

26  program;

27         2.b.  Initiating appropriate disciplinary action

28  against all employees whose conduct or performance is deemed

29  to have materially contributed to the program's failure to

30  meet established minimum thresholds;

31         3.c.  Redesigning the program; or


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  1         4.d.  Realigning the program.

  2

  3  The department shall submit an annual report to the President

  4  of the Senate, the Speaker of the House of Representatives,

  5  the Minority Leader of each house of the Legislature, the

  6  appropriate substantive and fiscal committees of each house of

  7  the Legislature, and the Governor, no later than February 1 of

  8  each year. The annual report must contain, at a minimum, for

  9  each specific program component:  a comprehensive description

10  of the population served by the program; a specific

11  description of the services provided by the program; cost; a

12  comparison of expenditures to federal and state funding;

13  immediate and long-range concerns; and recommendations to

14  maintain, expand, improve, modify, or eliminate each program

15  component so that changes in services lead to enhancement in

16  program quality. The department shall ensure the reliability

17  and validity of the information contained in the report.

18         (6)(2)  The department shall collect and analyze

19  available statistical data for the purpose of ongoing

20  evaluation of all programs. The department shall provide the

21  Legislature with necessary information and reports to enable

22  the Legislature to make informed decisions regarding the

23  effectiveness of, and any needed changes in, services,

24  programs, policies, and laws.

25         (7)  No later than November 1, 2001, the department

26  shall submit a proposal to the Legislature concerning funding

27  incentives and disincentives for the department and for

28  providers under contract with the department.  The

29  recommendations for funding incentives and disincentives shall

30  be based upon both quality assurance performance and

31  cost-effectiveness performance.  The proposal should strive to


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  1  achieve consistency in incentives and disincentives for both

  2  department-operated and contractor-provided programs.  The

  3  department may include recommendations for the use of

  4  liquidated damages in the proposal; however, the department is

  5  not presently authorized to contract for liquidated damages.

  6         Section 35.  Subsection (1) of section 985.417, Florida

  7  Statutes, is amended to read:

  8         985.417  Transfer of children from the Department of

  9  Corrections to the Department of Juvenile Justice.--

10         (1)  When any child under the age of 18 years is

11  sentenced by any court of competent jurisdiction to the

12  Department of Corrections, the Secretary of Juvenile Justice

13  may transfer such child to the department for the remainder of

14  the sentence, or until his or her 21st birthday, whichever

15  results in the shorter term. If, upon such person's attaining

16  his or her 21st birthday, the sentence has not terminated, he

17  or she shall be transferred to the Department of Corrections

18  for placement in a youthful offender program, transferred or,

19  with the commission's consent, to the supervision of the

20  department, or be given any other transfer that may lawfully

21  be made.

22         Section 36.  Subsections (2) and (3) of section 14 of

23  chapter 2000-134, Laws of Florida, are amended to read:

24         Section 14.  Juvenile Arrest and Monitor Unit pilot

25  program; creation; operation; duties of Orange County

26  Sheriff's Office and Department of Juvenile Justice.--

27         (2)  Under the pilot program created in subsection (1),

28  the Orange County Sheriff's Office shall monitor selected

29  juvenile offenders on probation community control in Orange

30  County. The Department of Juvenile Justice shall recommend

31  juvenile offenders on probation community control,


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  1  post-commitment probation community control, and conditional

  2  release aftercare to be supervised under this program. The

  3  Orange County Sheriff's Office has the sole right and

  4  authority to accept or reject any or all juvenile offenders

  5  who have been recommended by the Department of Juvenile

  6  Justice to the Juvenile Arrest and Monitor Unit. The sheriff's

  7  office shall determine the number of juvenile offenders it

  8  will supervise. The Department of Juvenile Justice shall

  9  monthly recommend juvenile offenders to the sheriff's office,

10  to ensure that the program operates at maximum capacity as

11  determined by the sheriff's office. The Juvenile Arrest and

12  Monitor Unit shall supervise up to 25 juveniles per deputy

13  assigned to the unit. The Juvenile Arrest and Monitor Unit

14  will accept juvenile offenders who have been determined by the

15  Department of Juvenile Justice to be on probation community

16  control, post-commitment probation community control, and

17  conditional release aftercare. The Orange County Sheriff's

18  Office shall use all statutorily available means, ranging from

19  a verbal warning to arrest and incarceration, to effect

20  offenders' compliance with the terms of probation community

21  control.

22         (3)  The Department of Juvenile Justice shall maintain

23  all files and paperwork relating to all juveniles on probation

24  community control, post-commitment probation community

25  control, and conditional release aftercare who are supervised

26  under this pilot program as required by the Florida Statutes.

27         Section 37.  Section 985.42, Florida Statutes, is

28  created to read:

29         985.42  Inspector general; inspectors.--The secretary

30  is authorized to designate persons holding law enforcement

31  certification within the Office of the Inspector General as


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  1  law enforcement officers, as necessary, to enforce any

  2  criminal law, and conduct any criminal investigation that

  3  relates to state-operated programs or state-operated

  4  facilities over which the department has jurisdiction. Persons

  5  designated as law enforcement officers must be certified

  6  pursuant to s. 943.1395.

  7         Section 38.  Effective upon this act becoming a law,

  8  section 985.422, Florida Statutes, is created to read:

  9         985.422  Maintenance of state-owned facilities.--

10         (1)  If the terms of a provider contract require or

11  allow the department to withhold a portion of the provider's

12  payment to establish a fund for significant maintenance,

13  repairs, or upgrades to state-owned or leased facilities, the

14  department shall deposit all such withheld payments into the

15  Administrative Trust Fund, which shall be used for such

16  purposes pursuant to lawful appropriation.

17         (2)  This section is repealed July 1, 2002.

18         Section 39.  Paragraph (b) of subsection (4) of section

19  985.401, Florida Statutes, is amended to read:

20         985.401  Juvenile Justice Advisory Board.--

21         (4)

22         (b)  In developing the standard methodology, the board

23  shall consult with the department, the Office of Economic and

24  Demographic Research, contract service providers, and other

25  interested parties. It is the intent of the Legislature that

26  this effort result in consensus recommendations, and, to the

27  greatest extent possible, integrate the goals and

28  legislatively approved measures of performance-based program

29  budgeting provided in chapter 94-249, Laws of Florida, and the

30  quality assurance program provided in s. 985.412, and the

31  cost-effectiveness model provided in s. 985.404(11). The board


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  1  shall notify the Office of Program Policy Analysis and

  2  Government Accountability of any meetings to develop the

  3  methodology.

  4         Section 40.  (1)  The "Safety and Security Best

  5  Practices" developed by the Office of Program Policy Analysis

  6  and Government Accountability and approved by the Commissioner

  7  of Education shall be reviewed annually by the Office of

  8  Program Policy Analysis and Government Accountability and the

  9  Partnership for School Safety and Security established in s.

10  229.8347, Florida Statutes, and each entity shall make

11  recommendations to the Commissioner of Education for the

12  addition, revision, or deletion of best practices.

13         (2)  Each school district shall use the Safety and

14  Security Best Practices to conduct a self-assessment of the

15  school districts' current safety and security practices. Based

16  on these self-assessment findings, the superintendent of each

17  school district shall provide recommendations to the school

18  board which identify strategies and activities that the school

19  district should implement in order to improve school safety

20  and security.

21         (3)  By July 1, 2002, and annually thereafter, each

22  school board must receive the self-assessment results at a

23  publicly notice school board meeting to provide the public an

24  opportunity to hear the school board members discuss and take

25  action on the report findings. Each superintendent shall

26  report the self-assessment results and school board action to

27  the Commissioner of Education within 30 days following the

28  school board meeting.

29         Section 41.  Subsections (10) and (11) of section

30  985.404, Florida Statutes, are repealed.

31


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  1         Section 42.  Except as otherwise provided herein, this

  2  act shall take effect October 1, 2001.

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