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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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1 d. Notwithstanding s. 743.07 and paragraph (d), and
2 except as provided in s. 985.31, the term of any order placing
3 a child in a probation program must be until the child's 19th
4 birthday unless he or she is released by the court, on the
5 motion of an interested party or on its own motion.
6 2. Commit the child to a licensed child-caring agency
7 willing to receive the child, but the court may not commit the
8 child to a jail or to a facility used primarily as a detention
9 center or facility or shelter.
10 3. Commit the child to the Department of Juvenile
11 Justice at a residential commitment restrictiveness level
12 defined in s. 985.03. Such commitment must be for the purpose
13 of exercising active control over the child, including, but
14 not limited to, custody, care, training, urine monitoring, and
15 treatment of the child and release of the child into the
16 community in a postcommitment nonresidential conditional
17 release program. If the child is eligible to attend public
18 school following residential commitment and the court finds
19 that the victim or a sibling of the victim in the case is or
20 may be attending the same school as the child, the commitment
21 order shall include a finding pursuant to the proceedings
22 described in s. 985.23(1)(d). If the child is not successful
23 in the conditional release program, the department may use the
24 transfer procedure under s. 985.404. Notwithstanding s. 743.07
25 and paragraph (d), and except as provided in s. 985.31, the
26 term of the commitment must be until the child is discharged
27 by the department or until he or she reaches the age of 21.
28 4. Revoke or suspend the driver's license of the
29 child.
30 5. Require the child and, if the court finds it
31 appropriate, the child's parent or guardian together with the
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1 child, to render community service in a public service
2 program.
3 6. As part of the probation program to be implemented
4 by the Department of Juvenile Justice, or, in the case of a
5 committed child, as part of the community-based sanctions
6 ordered by the court at the disposition hearing or before the
7 child's release from commitment, order the child to make
8 restitution in money, through a promissory note cosigned by
9 the child's parent or guardian, or in kind for any damage or
10 loss caused by the child's offense in a reasonable amount or
11 manner to be determined by the court. The clerk of the circuit
12 court shall be the receiving and dispensing agent. In such
13 case, the court shall order the child or the child's parent or
14 guardian to pay to the office of the clerk of the circuit
15 court an amount not to exceed the actual cost incurred by the
16 clerk as a result of receiving and dispensing restitution
17 payments. The clerk shall notify the court if restitution is
18 not made, and the court shall take any further action that is
19 necessary against the child or the child's parent or guardian.
20 A finding by the court, after a hearing, that the parent or
21 guardian has made diligent and good faith efforts to prevent
22 the child from engaging in delinquent acts absolves the parent
23 or guardian of liability for restitution under this
24 subparagraph.
25 7. Order the child and, if the court finds it
26 appropriate, the child's parent or guardian together with the
27 child, to participate in a community work project, either as
28 an alternative to monetary restitution or as part of the
29 rehabilitative or probation program.
30 8. Commit the child to the Department of Juvenile
31 Justice for placement in a program or facility for serious or
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1 habitual juvenile offenders in accordance with s. 985.31. Any
2 commitment of a child to a program or facility for serious or
3 habitual juvenile offenders must be for an indeterminate
4 period of time, but the time may not exceed the maximum term
5 of imprisonment that an adult may serve for the same offense.
6 The court may retain jurisdiction over such child until the
7 child reaches the age of 21, specifically for the purpose of
8 the child completing the program.
9 9. In addition to the sanctions imposed on the child,
10 order the parent or guardian of the child to perform community
11 service if the court finds that the parent or guardian did not
12 make a diligent and good faith effort to prevent the child
13 from engaging in delinquent acts. The court may also order the
14 parent or guardian to make restitution in money or in kind for
15 any damage or loss caused by the child's offense. The court
16 shall determine a reasonable amount or manner of restitution,
17 and payment shall be made to the clerk of the circuit court as
18 provided in subparagraph 6.
19 10. Subject to specific appropriation, commit the
20 juvenile sexual offender to the Department of Juvenile Justice
21 for placement in a program or facility for juvenile sexual
22 offenders in accordance with s. 985.308. Any commitment of a
23 juvenile sexual offender to a program or facility for juvenile
24 sexual offenders must be for an indeterminate period of time,
25 but the time may not exceed the maximum term of imprisonment
26 that an adult may serve for the same offense. The court may
27 retain jurisdiction over a juvenile sexual offender until the
28 juvenile sexual offender reaches the age of 21, specifically
29 for the purpose of completing the program.
30 (2) Following a delinquency adjudicatory hearing
31 pursuant to s. 985.228 and a delinquency disposition hearing
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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