House Bill hb0267er

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  1                                 

  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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  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; amending s. 121.021, F.S.; amending

  6         the definition of the term "special risk

  7         member"; amending s. 121.0515, F.S.; providing

  8         an additional criterion for designation as a

  9         special risk member; providing effective dates.

10  

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

12  

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

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

15  Statutes, are amended to read:

16         20.316  Department of Juvenile Justice.--There is

17  created a Department of Juvenile Justice.

18         (1)  SECRETARY OF JUVENILE JUSTICE.--

19         (b)  The Secretary of Juvenile Justice is responsible

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

21  programs and services within the juvenile justice continuum.

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

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

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

25  intervention, and diversion programs; detention centers and

26  related programs and facilities; community-based residential

27  commitment and nonresidential commitment programs; and

28  delinquency institutions provided or funded by the department.

29         (4)  INFORMATION SYSTEMS.--

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

31  minimum:


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  1         1.  Facilitate case management of juveniles referred to

  2  or placed in the department's custody.

  3         2.  Provide timely access to current data and computing

  4  capacity to support the outcome evaluation activities of the

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

  6  legislative oversight, the Juvenile Justice Estimating

  7  Conference, and other research.

  8         3.  Provide automated support to the quality assurance

  9  and program review functions.

10         4.  Provide automated support to the contract

11  management process.

12         5.  Provide automated support to the facility

13  operations management process.

14         6.  Provide automated administrative support to

15  increase efficiency, provide the capability of tracking

16  expenditures of funds by the department or contracted service

17  providers that are eligible for federal reimbursement, and

18  reduce forms and paperwork.

19         7.  Facilitate connectivity, access, and utilization of

20  information among various state agencies, and other state,

21  federal, local, and private agencies, organizations, and

22  institutions.

23         8.  Provide electronic public access to juvenile

24  justice information, which is not otherwise made confidential

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

26         9.  Provide a system for the training of information

27  system users and user groups.

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

29  Statutes, is amended to read:

30  

31  


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  1         228.041  Definitions.--Specific definitions shall be as

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

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

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

  5  schools operating for the purpose of providing educational

  6  services to youth in Department of Juvenile Justice programs,

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

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

  9  district school board may decrease the minimum number of days

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

11  residential programs and up to 20 days for teacher planning

12  for nonresidential programs, subject to the approval of the

13  Department of Juvenile Justice and the Department of

14  Education.

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

16  Florida Statutes, is amended to read:

17         230.23161  Educational services in Department of

18  Juvenile Justice programs.--

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

20  most important factor in the rehabilitation of adjudicated

21  delinquent youth in the custody of the Department of Juvenile

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

23  intent of the Legislature that youth in the juvenile justice

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

25  equal opportunity and access to quality and effective

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

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

28  juvenile justice education programs, to ensure that

29  curriculum, support services, and resources are provided to

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

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


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  1  Department of Juvenile Justice shall each designate a

  2  Coordinator for Juvenile Justice Education Programs to serve

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

  4  local district school boards and to provide ensure each

  5  department's participation in the following activities:

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

  7  Department of Juvenile Justice, local school districts,

  8  educational contract providers, and juvenile justice

  9  providers, whether state operated or contracted.

10         (b)  Collecting information on the academic performance

11  of students in juvenile justice commitment and detention

12  programs and reporting on the results.

13         (c)  Developing academic and vocational protocols that

14  provide guidance to school districts and providers in all

15  aspects of education programming, including records transfer

16  and transition.

17         (d)  Prescribing the roles of program personnel and

18  interdepartmental local school district or provider

19  collaboration strategies.

20  

21  Annually, a cooperative agreement and plan for juvenile

22  justice education service enhancement shall be developed

23  between the Department of Juvenile Justice and the Department

24  of Education and submitted to the Secretary of Juvenile

25  Justice and the Commissioner of Education by June 30.

26         Section 4.  Section 230.235, Florida Statutes, is

27  amended to read:

28         230.235  Policy of zero tolerance for crime and

29  victimization.--

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

31  section, adopt a policy of zero tolerance for:


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  1         (a)  Crime and substance abuse pursuant to this

  2  section. Such a policy shall include the reporting of

  3  delinquent acts and crimes occurring whenever and wherever

  4  students are under the jurisdiction of the school district.

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

  6  include taking all steps necessary to protect the victim of

  7  any violent crime from any further victimization.

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

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

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

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

12  to be referred for criminal prosecution:

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

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

15  school-sponsored transportation.

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

17  790.162 and 790.163, respectively, involving school or school

18  personnel's property, school transportation, or a

19  school-sponsored activity.

20  

21  District school boards may assign the student to a

22  disciplinary program or second chance school for the purpose

23  of continuing educational services during the period of

24  expulsion. Superintendents may consider the 1-year expulsion

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

26  school board to modify the requirement by assigning the

27  student to a disciplinary program or second chance school if

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

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

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

31  


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  1  district shall comply with procedures pursuant to s. 232.251

  2  and any applicable state board rule.

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

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

  5  specifying guidelines for ensuring that felonies and violent

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

  7  delinquent acts that would be felonies or violent misdemeanors

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

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

10  with the Department of Juvenile Justice, shall specify

11  guidelines for ensuring that all no contact orders entered by

12  the court are reported and enforced and that all steps

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

14  Such agreements shall include the role of school resource

15  officers, if applicable, in handling reported incidents,

16  special circumstances in which school officials may handle

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

18  procedure for ensuring that school personnel properly report

19  appropriate delinquent acts and crimes. The school principal

20  shall be responsible for ensuring that all school personnel

21  are properly informed as to their responsibilities regarding

22  crime reporting, that appropriate delinquent acts and crimes

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

24  special circumstances are properly taken and documented.

25         Section 5.  Section 231.0851, Florida Statutes, is

26  amended to read:

27         231.0851  Reports of school safety and discipline.--

28         (1)  Each principal must ensure that standardized forms

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

30  report data concerning school safety and discipline to the

31  


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

  2  verify the accuracy of reported incidents.

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

  4  crime perpetrated by another student who attends the same

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

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

  7  to comply with this subsection shall be ineligible for any

  8  portion of the performance pay policy incentive under s.

  9  230.23(5)(c). However, if any party responsible for

10  notification fails to properly notify the school, the

11  principal shall be eligible for the incentive.

12         Section 6.  Section 232.265, Florida Statutes, is

13  created to read:

14         232.265  School attendance and transportation of

15  certain offenders.--

16         (1)  Notwithstanding any provision of law prohibiting

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

18  who is attending public school is adjudicated guilty of or

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

20  whether adjudication is withheld, or pleads guilty or nolo

21  contendere to, a felony violation of: 

22         (a)  Chapter 782, relating to homicide;

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

24  culpable negligence;

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

26  imprisonment, luring or enticing a child, and custody

27  offenses;

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

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

30  exposure;

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


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  1         (g)  Section 812.13, relating to robbery;

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

  3  snatching;

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

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

  6  robbery,

  7  

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

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

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

11  offense, the Department of Juvenile Justice shall notify the

12  appropriate school district of the adjudication or plea and

13  the operation of this section and whether the offender is

14  prohibited from attending that school or riding on a school

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

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

17  except as provided pursuant to a written disposition order

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

19  school district shall take appropriate action to effectuate

20  the provisions of subsection (2).

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

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

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

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

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

26  permitted by the school district in which the offender resides

27  to attend another school within the district, provided the

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

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

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

31  


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

  2  offender resides due to the operation of this section.

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

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

  5  prohibited from attending school in another school district,

  6  the school district in which the offender resides shall take

  7  every reasonable precaution to keep the offender separated

  8  from the victim while on school grounds or on school

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

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

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

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

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

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

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

16  responsible for arranging and paying for transportation

17  associated with or required by the offender's attending

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

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

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

21  offender or the parents or the legal guardian of the offender

22  shall not be charged for existing modes of transportation that

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

24  district.

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

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

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

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

29  section, to read:

30         435.04  Level 2 screening standards.--

31  


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

  2  positions of trust or responsibility shall be required to

  3  undergo security background investigations as a condition of

  4  employment and continued employment.  For the purposes of this

  5  subsection, security background investigations shall include,

  6  but not be limited to, employment history checks,

  7  fingerprinting for all purposes and checks in this subsection,

  8  statewide criminal and juvenile records checks through the

  9  Florida Department of Law Enforcement, and federal criminal

10  records checks through the Federal Bureau of Investigation,

11  and may include local criminal records checks through local

12  law enforcement agencies.

13         (3)  The security background investigations conducted

14  under this section for employees of the Department of Juvenile

15  Justice must ensure that no persons subject to the provisions

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

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

18  to, any offense prohibited under any of the following

19  provisions of the Florida Statutes or under any similar

20  statute of another jurisdiction:

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

22  law enforcement officers, firefighters, emergency medical care

23  providers, public transit employees or agents, or other

24  specified officers.

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

26  offense is a felony.

27         (c)  Section 944.40, relating to escape.

28  

29  The Department of Juvenile Justice may not remove a

30  disqualification from employment or grant an exemption to any

31  


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  1  person who is disqualified under this section for any offense

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

  3         Section 8.  Section 943.0582, Florida Statutes, is

  4  created to read:

  5         943.0582  Prearrest, postarrest, or teen court

  6  diversion program expunction.--

  7         (1)  Notwithstanding any law dealing generally with the

  8  preservation and destruction of public records, the department

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

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

11  who has successfully completed a prearrest or postarrest

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

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

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

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

16  except that the criminal history record of a person whose

17  record is expunged pursuant to this section shall be made

18  available only to criminal justice agencies for the purpose of

19  determining eligibility for prearrest, postarrest, or teen

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

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

22  a candidate for employment with a criminal justice agency.

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

24  under this section may lawfully deny or fail to acknowledge

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

26         2.  Records maintained by local criminal justice

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

28  eligible for expunction pursuant to this section shall be

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

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

31  misdemeanor" includes simple assault or battery when prearrest


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  1  or postarrest diversion expunction is approved in writing by

  2  the state attorney for the county in which the arrest

  3  occurred.

  4         (3)  The department shall expunge the nonjudicial

  5  arrest record of a minor who has successfully completed a

  6  prearrest or postarrest diversion program if that minor:

  7         (a)  Submits an application for prearrest or postarrest

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

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

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

11  of applying.

12         (b)  Submits the application for prearrest or

13  postarrest diversion expunction no later than 6 months after

14  completion of the diversion program.

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

16  an official written statement from the state attorney for the

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

18  has successfully completed that county's prearrest or

19  postarrest diversion program and that participation in the

20  program is strictly limited to minors arrested for a

21  nonviolent misdemeanor who have not otherwise been charged

22  with or found to have committed any criminal offense or

23  comparable ordinance violation.

24         (d)  Participated in a prearrest or postarrest

25  diversion program that expressly authorizes or permits such

26  expunction to occur.

27         (e)  Participated in a prearrest or postarrest

28  diversion program based on an arrest for a nonviolent

29  misdemeanor that would not qualify as an act of domestic

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

31  


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

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

  3  criminal offense or comparable ordinance violation.

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

  5  processing fee for each request received for prearrest or

  6  postarrest diversion program expunction, for placement in the

  7  Department of Law Enforcement Operating Trust Fund, unless

  8  such fee is waived by the executive director.

  9         (5)  This section operates retroactively to permit the

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

11  who has successfully completed a prearrest or postarrest

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

13  case of a minor whose completion of the program occurred

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

15  prearrest or postarrest diversion expunction must be submitted

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

17         (6)  Expunction or sealing granted under this section

18  does not prevent the minor who receives such relief from

19  petitioning for the expunction or sealing of a later criminal

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

21  the minor is otherwise eligible under those sections.

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

23  943.325, Florida Statutes, is amended to read:

24         943.325  Blood specimen testing for DNA analysis.--

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

26  convicted in this state for any offense or attempted offense

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

28  810.02, s. 812.133, or s. 812.135, and any person who is

29  transferred to this state under Article VII of the Interstate

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

31  


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  1  or attempted to commit an offense similarly defined by the

  2  transferring state, who is either:

  3         1.  Still incarcerated, or

  4         2.  No longer incarcerated but is within the confines

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

  6  control, parole, conditional release, control release, or any

  7  other court-ordered supervision,

  8  

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

10  Department of Law Enforcement designated testing facility as

11  directed by the department.

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

13  of section 960.001, Florida Statutes, to read:

14         960.001  Guidelines for fair treatment of victims and

15  witnesses in the criminal justice and juvenile justice

16  systems.--

17         (1)  The Department of Legal Affairs, the state

18  attorneys, the Department of Corrections, the Department of

19  Juvenile Justice, the Parole Commission, the State Courts

20  Administrator and circuit court administrators, the Department

21  of Law Enforcement, and every sheriff's department, police

22  department, or other law enforcement agency as defined in s.

23  943.10(4) shall develop and implement guidelines for the use

24  of their respective agencies, which guidelines are consistent

25  with the purposes of this act and s. 16(b), Art. I of the

26  State Constitution and are designed to implement the

27  provisions of s. 16(b), Art. I of the State Constitution and

28  to achieve the following objectives:

29         (s)  Attendance of victim at same school as

30  defendant.--When the victim of an offense committed by a

31  juvenile is a minor, the Department of Juvenile Justice shall


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  1  request information to determine if the victim, or any sibling

  2  of the victim, attends or is eligible to attend the same

  3  school as the offender. However, if the offender is subject to

  4  a presentence investigation by the Department of Corrections,

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

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

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

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

  9  guardian of the right to attend the sentencing or disposition

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

11  attend a different school.

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

13  984.01, Florida Statutes, is amended to read:

14         984.01  Purposes and intent; personnel standards and

15  screening.--

16         (2)  The Department of Juvenile Justice or the

17  Department of Children and Family Services, as appropriate,

18  may contract with the Federal Government, other state

19  departments and agencies, county and municipal governments and

20  agencies, public and private agencies, and private individuals

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

22  responsibilities established in, this chapter.

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

24  Department of Children and Family Services contracts with a

25  provider for any program for children, all personnel,

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

27  facility must be of good moral character. Each contract

28  entered into by either department for services delivered on an

29  appointment or intermittent basis by a provider that does not

30  have regular custodial responsibility for children and each

31  contract with a school for before or aftercare services must


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

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

  3  volunteer who assists on an intermittent basis for less than

  4  40 hours per month need not be screened if the volunteer is

  5  under direct and constant supervision by persons who meet the

  6  screening requirements.

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

  8  985.01, Florida Statutes, is amended to read:

  9         985.01  Purposes and intent; personnel standards and

10  screening.--

11         (2)  The Department of Juvenile Justice or the

12  Department of Children and Family Services, as appropriate,

13  may contract with the Federal Government, other state

14  departments and agencies, county and municipal governments and

15  agencies, public and private agencies, and private individuals

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

17  responsibilities established in, this chapter.

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

19  Department of Children and Family Services contracts with a

20  provider for any program for children, all personnel,

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

22  facility must be of good moral character. Each contract

23  entered into by either department for services delivered on an

24  appointment or intermittent basis by a provider that does not

25  have regular custodial responsibility for children and each

26  contract with a school for before or aftercare services must

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

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

29  volunteer who assists on an intermittent basis for less than

30  40 hours per month need not be screened if the volunteer is

31  


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  1  under direct and constant supervision by persons who meet the

  2  screening requirements.

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

  4  Statutes, is amended to read:

  5         985.02  Legislative intent for the juvenile justice

  6  system.--

  7         (7)  PARENTAL, CUSTODIAL, AND GUARDIAN

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

  9  deemed by the state to be responsible for providing their

10  children with sufficient support, guidance, and supervision to

11  deter their participation in delinquent acts. The state

12  further recognizes that the ability of parents, custodians,

13  and guardians to fulfill those responsibilities can be greatly

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

15  related problems. It is therefore the policy of the

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

17  that factors impeding the ability of caretakers to fulfill

18  their responsibilities are identified through the delinquency

19  intake process and that appropriate recommendations to address

20  those problems are considered in any judicial or nonjudicial

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

22  Legislature to preserve and strengthen the child's family

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

24  legal, and financial responsibilities of the caretaker with

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

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

27  department.

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

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

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

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


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

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

  3  amended, to read:

  4         985.03  Definitions.--When used in this chapter, the

  5  term:

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

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

  8  residential commitment program which is intended to promote

  9  rehabilitation and prevent recidivism. The purpose of

10  conditional release is to protect the public, reduce

11  recidivism, increase responsible productive behavior, and

12  provide for a successful transition of the youth from the

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

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

15  programs and postcommitment probation.

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

17  residential program for 10 or more committed delinquents at

18  the moderate-risk commitment restrictiveness level which that

19  is operated or contracted by the Department of Juvenile

20  Justice.

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

22  agent of the Department of Juvenile Justice who performs the

23  intake, or case management, or supervision functions function

24  for a child alleged to be delinquent.

25         (31)  "Juvenile sexual offender" means:

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

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

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

29  847.0133;

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

31  violation of law or delinquent act involving juvenile sexual


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

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

  3  coercion.  For purposes of this subsection, the following

  4  definitions apply:

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

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

  7  cooperation or compliance.

  8         2.  "Equality" means two participants operating with

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

10  controlled nor coerced by the other.

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

12  following:

13         a.  Understanding what is proposed based on age,

14  maturity, developmental level, functioning, and experience.

15         b.  Knowledge of societal standards for what is being

16  proposed.

17         c.  Awareness of potential consequences and

18  alternatives.

19         d.  Assumption that agreement or disagreement will be

20  accepted equally.

21         e.  Voluntary decision.

22         f.  Mental competence.

23  

24  Juvenile sexual offender behavior ranges from noncontact

25  sexual behavior such as making obscene phone calls,

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

27  photographs to varying degrees of direct sexual contact, such

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

29  sodomy, and various other sexually aggressive acts.

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

31  created by court order or letter of guardianship which vests


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

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

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

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

  5  and ordinary medical, dental, psychiatric, and psychological

  6  care.

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

  8  security provided by programs that service the supervision,

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

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

11  programs at any residential commitment level.  The levels of

12  residential commitment are as follows:

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

14  at this commitment level are residential and shall not allow

15  youth to have access to the community.  Facilities are

16  hardware-secure with perimeter fencing and locking doors.

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

18  care, and treatment of residents.  Youth assessed and

19  classified for this level of placement require close

20  supervision in a structured residential setting. Placement in

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

22  safety that outweighs placement in programs at lower

23  commitment restrictiveness levels. The staff at a facility at

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

25  threat to himself or herself or others.  Mechanical restraint

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

27  single cell occupancy.

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

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

30  domestic violence as an alternative to secure detention or for

31  


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

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

  3         (56)(55)  "Temporary release" means the terms and

  4  conditions under which a child is temporarily released from a

  5  commitment facility or allowed home visits. If the temporary

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

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

  8  facility, the terms and conditions of the temporary release

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

10  The term includes periods during which the child is supervised

11  pursuant to a conditional release program or a period during

12  which the child is supervised by a juvenile probation officer

13  or other nonresidential staff of the department or staff

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

15  child placed in a postcommitment supervision program by order

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

17  is not subject to the terms and conditions of temporary

18  release.

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

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

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

22  amended to read:

23         985.04  Oaths; records; confidential information.--

24         (2)  Records maintained by the Department of Juvenile

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

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

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

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

29  394.457, 397.451, 402.305(2), 409.175, and 409.176 may not be

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

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


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

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

  3  requirements for personnel in s. 402.3055 and the other

  4  sections cited above, or pursuant to departmental rule;

  5  however, current criminal history information must be obtained

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

  7  943.053. The information shall be released to those persons

  8  specified in the above cited sections for the purposes of

  9  complying with those sections. The court may punish by

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

11  unauthorized purpose.

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

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

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

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

16  of Juvenile Justice, the Parole Commission, the Juvenile

17  Justice Advisory Board, the Department of Corrections, the

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

19  any licensed professional or licensed community agency

20  representative participating in the assessment or treatment of

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

22  authorized personnel of the court, the Department of Juvenile

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

24  Parole Commission, the Juvenile Justice Advisory Board, law

25  enforcement agents, school superintendents and their

26  designees, any licensed professional or licensed community

27  agency representative participating in the assessment or

28  treatment of a juvenile, and others entitled under this

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

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

31  the district school superintendent, and the department shall


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  1  enter into an interagency agreement for the purpose of sharing

  2  information about juvenile offenders among all parties. The

  3  agreement must specify the conditions under which summary

  4  criminal history information is to be made available to

  5  appropriate school personnel, and the conditions under which

  6  school records are to be made available to appropriate

  7  department personnel. Such agreement shall require

  8  notification to any classroom teacher of assignment to the

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

10  probation or commitment program for a felony offense. The

11  agencies entering into such agreement must comply with s.

12  943.0525, and must maintain the confidentiality of information

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

14  law.

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

16  Juvenile Justice regarding children are not open to inspection

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

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

19  agent by persons who have sufficient reason and upon such

20  conditions for their use and disposition as the secretary or

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

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

23  Department of Juvenile Justice who have a need therefor in

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

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

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

27  Department of Corrections. The secretary or his or her

28  authorized agent may permit properly qualified persons to

29  inspect and make abstracts from records for statistical

30  purposes under whatever conditions upon their use and

31  disposition the secretary or his or her authorized agent deems


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

  2  names and other identifying information will not be disclosed

  3  by the applicant.

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

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

  6  child:

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

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

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

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

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

12  misdemeanors;

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

14  985.227, indicted pursuant to s. 985.225, or waived pursuant

15  to s. 95.226;

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

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

18  985.227(2)(b) or (d); or

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

20  the juvenile system pursuant to s. 985.233

21  

22  shall not be considered confidential and exempt from the

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

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

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

26  amended to read:

27         985.207  Taking a child into custody.--

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

29  following circumstances:

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

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


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

  2  postcommitment probation community control, or conditional

  3  release supervision or has escaped absconded from commitment.

  4  

  5  Nothing in this subsection shall be construed to allow the

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

  7  in s. 985.215.

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

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

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

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

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

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

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

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

16  juvenile probation officer before the parent, guardian, or

17  legal custodian is notified, the juvenile probation officer

18  shall continue the attempt to notify until the parent,

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

20  Following notification, the parent or guardian must provide

21  identifying information, including name, address, date of

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

23  identification card number of the parent or guardian to the

24  person taking the child into custody or the juvenile probation

25  officer.

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

27  Statutes, is amended to read:

28         985.21  Intake and case management.--

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

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

31  probation officer may request the parent or legal guardian of


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  1  the child to attend a course of instruction in parenting

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

  3  nonviolence; to accept counseling; or to receive other

  4  assistance from any agency in the community which notifies the

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

  6  appropriate, the juvenile probation officer shall request both

  7  parents or guardians to receive such parental assistance. The

  8  juvenile probation officer may, in determining whether to

  9  request that a delinquency petition be filed, take into

10  consideration the willingness of the parent or legal guardian

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

12  provide the juvenile probation officer with identifying

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

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

15  license number or identification card number in order to

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

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

18  985.213, Florida Statutes, is amended to read:

19         985.213  Use of detention.--

20         (2)

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

22  care placement determinations and orders shall be developed by

23  the Department of Juvenile Justice in agreement with

24  representatives appointed by the following associations: the

25  Conference of Circuit Judges of Florida, the Prosecuting

26  Attorneys Association, the Public Defenders Association, the

27  Florida Sheriffs Association, and the Florida Association of

28  Chiefs of Police.  Each association shall appoint two

29  individuals, one representing an urban area and one

30  representing a rural area.  The parties involved shall

31  evaluate and revise the risk assessment instrument as is


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  1  considered necessary using the method for revision as agreed

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

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

  4  failure to appear, prior offenses, offenses committed pending

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

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

  7  probation community control status at the time the child is

  8  taken into custody. The risk assessment instrument shall also

  9  take into consideration appropriate aggravating and mitigating

10  circumstances, and shall be designed to target a narrower

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

12  instrument shall also include any information concerning the

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

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

15  detention care is warranted, whether the child should be

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

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

18  material error in the scoring of the risk assessment

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

20  accuracy.

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

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

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

24  the court makes specific written findings that:

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

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

27  detention in order to protect the victim from injury.

28  

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

30  subparagraph for more than 48 hours unless ordered by the

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


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  1  state attorney or victim requests that secure detention be

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

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

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

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

  6  limits set forth in s. 985.215.

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

  8  department through probation community control, home

  9  detention, nonsecure detention, conditional release aftercare,

10  postcommitment probation community control, or commitment and

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

12  assessment instrument may be completed and scored based on the

13  underlying charge for which the child was placed under the

14  supervision of the department and the new offense.

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

16  985.215, Florida Statutes, is amended, and paragraph (f) is

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

18         985.215  Detention.--

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

20  child taken into custody and placed into nonsecure or home

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

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

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

24  absconder from a commitment program, a probation program,

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

26  have escaped while being lawfully transported to or from such

27  program or supervision.

28  

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

30  be detained pursuant to this subsection shall be given a

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


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  1  purpose of the detention hearing is to determine the existence

  2  of probable cause that the child has committed the delinquent

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

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

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

  6  the results of the risk assessment performed by the juvenile

  7  probation officer and, based on the criteria in this

  8  subsection, shall determine the need for continued detention.

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

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

11  subsection. If the court orders a placement more restrictive

12  than indicated by the results of the risk assessment

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

14  convincing reasons for such placement. Except as provided in

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

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

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

18  respite home or other placement pursuant to a court order

19  following a hearing, the court order must include specific

20  instructions that direct the release of the child from such

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

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

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

24  unless the requirements of such applicable provision have been

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

26  paragraph (5)(d).

27         (10)

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

29  transported by the department to a commitment facility of the

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

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


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

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

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

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

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

  6         985.215  Detention.--

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

  8  nonsecure, or home detention care or into other placement

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

10  court shall order the natural or adoptive parents or guardians

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

12  out of wedlock who has acknowledged his paternity in writing

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

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

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

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

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

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

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

20  ordinary obligations of parents to provide for the needs of

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

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

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

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

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

26  any available information concerning the ability of the parent

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

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

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

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

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


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

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

  3  court makes a finding that such payment would constitute a

  4  significant financial hardship.  Such finding shall be in

  5  writing and shall contain a detailed description of the facts

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

  7  the finding of significant financial hardship. As to each

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

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

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

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

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

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

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

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

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

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

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

19  suffer a significant hardship if obligated for such amount.

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

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

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

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

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

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

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

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

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

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

30  violation of law.

31  


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

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

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

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

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

  6  $20 per day that the child remains in detention care.

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

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

  9  adjudication is withheld, and whose parent or guardian

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

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

12  otherwise order the payments of the portion of the public

13  assistance relating to that child to offset the costs of

14  providing care, custody, maintenance, rehabilitation,

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

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

17  order shall be delivered to the judge having jurisdiction of

18  the guardianship estate.

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

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

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

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

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

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

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

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

27  money collected under this section to the state Grants and

28  Donations Trust Fund.

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

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

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


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  1  identification card number and sufficient financial

  2  information for the department to be able to determine the

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

  4  guardian refuses to provide the department with any

  5  identifying information or financial information, the court

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

  7  court sanctions for failure to comply.

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

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

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

11  registered and in good standing under chapter 559. The

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

13  amount collected under the claim or may authorize the agency

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

15  may also pay for collection services from available authorized

16  funds.

17         (i)  The department may enter into agreements with

18  parents or guardians to establish a schedule of periodic

19  payments if payment of the obligation in full presents an

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

21  interest consistent with prevailing loan rates.

22         (j)  The Department of Juvenile Justice shall provide

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

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

25  payments received by the department pursuant to this

26  subsection shall be deposited in the state Grants and

27  Donations Trust Fund.  Neither the court nor the department

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

29  for the purpose of collecting fees.

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

31  Statutes, is amended to read:


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  1         985.227  Prosecution of juveniles as adults by the

  2  direct filing of an information in the criminal division of

  3  the circuit court; discretionary criteria; mandatory

  4  criteria.--

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

  6  attorney shall develop written policies and guidelines to

  7  govern determinations for filing an information on a juvenile,

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

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

10  Representatives, and the Juvenile Justice Advisory Board not

11  later than January 1 of each year.

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

13  Statutes, is amended to read:

14         985.228  Adjudicatory hearings; withheld adjudications;

15  orders of adjudication.--

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

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

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

19  upon which its finding is based but withholding adjudication

20  of delinquency and placing the child in a probation program

21  under the supervision of the department or under the

22  supervision of any other person or agency specifically

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

24  condition of the program, impose as a penalty component

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

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

27  license of the child, or other nonresidential punishment

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

29  component a requirement of participation in substance abuse

30  treatment, or school or other educational program attendance.

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


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

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

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

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

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

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

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

  8  compliance, but without further evidence of the state of

  9  delinquency, enter an adjudication of delinquency and shall

10  thereafter have full authority under this chapter to deal with

11  the child as adjudicated.

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

13  985.23, Florida Statutes, is amended to read:

14         985.23  Disposition hearings in delinquency

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

16  delinquent act, the following procedures shall be applicable

17  to the disposition of the case:

18         (1)  Before the court determines and announces the

19  disposition to be imposed, it shall:

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

21  opportunity to comment on the issue of disposition and any

22  proposed rehabilitative plan. Parties to the case shall

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

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

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

26  or her representative; representatives of the school system;

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

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

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

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

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


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

  2  determine whether it is appropriate to enter a no contact

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

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

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

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

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

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

  9  school or ride on the same school bus as the victim or a

10  sibling of the victim.

11  

12  It is the intent of the Legislature that the criteria set

13  forth in subsection (2) are general guidelines to be followed

14  at the discretion of the court and not mandatory requirements

15  of procedure.  It is not the intent of the Legislature to

16  provide for the appeal of the disposition made pursuant to

17  this section.

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

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

20  amended to read:

21         985.231  Powers of disposition in delinquency cases.--

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

23  adjudicated delinquent child may, by an order stating the

24  facts upon which a determination of a sanction and

25  rehabilitative program was made at the disposition hearing:

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

27  postcommitment probation program under the supervision of an

28  authorized agent of the Department of Juvenile Justice or of

29  any other person or agency specifically authorized and

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

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


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  1  place under such reasonable conditions as the court may

  2  direct. A probation program for an adjudicated delinquent

  3  child must include a penalty component such as restitution in

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

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

  6  nonresidential punishment appropriate to the offense and must

  7  also include a rehabilitative program component such as a

  8  requirement of participation in substance abuse treatment or

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

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

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

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

13  court placement order shall include a finding pursuant to the

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

15  recommendation of the department at the time of disposition,

16  or subsequent to disposition pursuant to the filing of a

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

18  postcommitment probation or conditional release supervision,

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

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

21  controlled substances.

22         a.  A restrictiveness level classification scale for

23  levels of supervision shall be provided by the department,

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

25  probation supervision requirements to reasonably ensure the

26  public safety. Probation programs for children shall be

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

28  specifically authorized by the court. These programs must

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

30  activities as described in this subparagraph, and shall be

31  designed to encourage the child toward acceptable and


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  1  functional social behavior. If supervision or a program of

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

  3  such supervision or program must be consistent with any

  4  treatment and rehabilitation needs identified for the child

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

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

  7  that the duration of such supervision or program for an

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

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

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

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

12  the child and the parent or guardian could reasonably be

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

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

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

16         b.  The court may conduct judicial review hearings for

17  a child placed on probation for the purpose of fostering

18  accountability to the judge and compliance with other

19  requirements, such as restitution and community service. The

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

21  has substantially complied with the terms and conditions of

22  probation.

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

24  postcommitment probation program are violated, the department

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

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

27  violates the conditions of probation or postcommitment

28  probation must be brought before the court if sanctions are

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

30  violating the conditions of probation or postcommitment

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


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

  2  hours after being taken into custody to determine the

  3  existence of probable cause that the child violated the

  4  conditions of probation or postcommitment probation. A

  5  consequence unit is a secure facility specifically designated

  6  by the department for children who are taken into custody

  7  under s. 985.207 for violating probation or postcommitment

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

  9  violated the conditions of probation or postcommitment

10  probation. If the violation involves a new charge of

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

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

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

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

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

16  985.215. If the child denies violating the conditions of

17  probation or postcommitment probation, the court shall appoint

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

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

20  that the child has violated the conditions of probation or

21  postcommitment probation, the court shall enter an order

22  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

27  is found to have violated the conditions of probation or

28  postcommitment probation, the court may:

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

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

31  


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

  2  violation.

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

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

  5  residential consequence unit is not available.

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

  7  or postcommitment probation program.

  8         (IV)  Revoke probation or postcommitment probation and

  9  commit the child to the department.

10         d.  Notwithstanding s. 743.07 and paragraph (d), and

11  except as provided in s. 985.31, the term of any order placing

12  a child in a probation program must be until the child's 19th

13  birthday unless he or she is released by the court, on the

14  motion of an interested party or on its own motion.

15         2.  Commit the child to a licensed child-caring agency

16  willing to receive the child, but the court may not commit the

17  child to a jail or to a facility used primarily as a detention

18  center or facility or shelter.

19         3.  Commit the child to the Department of Juvenile

20  Justice at a residential commitment restrictiveness level

21  defined in s. 985.03. Such commitment must be for the purpose

22  of exercising active control over the child, including, but

23  not limited to, custody, care, training, urine monitoring, and

24  treatment of the child and release of the child into the

25  community in a postcommitment nonresidential conditional

26  release program. If the child is eligible to attend public

27  school following residential commitment and the court finds

28  that the victim or a sibling of the victim in the case is or

29  may be attending the same school as the child, the commitment

30  order shall include a finding pursuant to the proceedings

31  described in s. 985.23(1)(d). If the child is not successful


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  1  in the conditional release program, the department may use the

  2  transfer procedure under s. 985.404. Notwithstanding s. 743.07

  3  and paragraph (d), and except as provided in s. 985.31, the

  4  term of the commitment must be until the child is discharged

  5  by the department or until he or she reaches the age of 21.

  6         4.  Revoke or suspend the driver's license of the

  7  child.

  8         5.  Require the child and, if the court finds it

  9  appropriate, the child's parent or guardian together with the

10  child, to render community service in a public service

11  program.

12         6.  As part of the probation program to be implemented

13  by the Department of Juvenile Justice, or, in the case of a

14  committed child, as part of the community-based sanctions

15  ordered by the court at the disposition hearing or before the

16  child's release from commitment, order the child to make

17  restitution in money, through a promissory note cosigned by

18  the child's parent or guardian, or in kind for any damage or

19  loss caused by the child's offense in a reasonable amount or

20  manner to be determined by the court. The clerk of the circuit

21  court shall be the receiving and dispensing agent. In such

22  case, the court shall order the child or the child's parent or

23  guardian to pay to the office of the clerk of the circuit

24  court an amount not to exceed the actual cost incurred by the

25  clerk as a result of receiving and dispensing restitution

26  payments. The clerk shall notify the court if restitution is

27  not made, and the court shall take any further action that is

28  necessary against the child or the child's parent or guardian.

29  A finding by the court, after a hearing, that the parent or

30  guardian has made diligent and good faith efforts to prevent

31  the child from engaging in delinquent acts absolves the parent


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  1  or guardian of liability for restitution under this

  2  subparagraph.

  3         7.  Order the child and, if the court finds it

  4  appropriate, the child's parent or guardian together with the

  5  child, to participate in a community work project, either as

  6  an alternative to monetary restitution or as part of the

  7  rehabilitative or probation program.

  8         8.  Commit the child to the Department of Juvenile

  9  Justice for placement in a program or facility for serious or

10  habitual juvenile offenders in accordance with s. 985.31. Any

11  commitment of a child to a program or facility for serious or

12  habitual juvenile offenders must be for an indeterminate

13  period of time, but the time may not exceed the maximum term

14  of imprisonment that an adult may serve for the same offense.

15  The court may retain jurisdiction over such child until the

16  child reaches the age of 21, specifically for the purpose of

17  the child completing the program.

18         9.  In addition to the sanctions imposed on the child,

19  order the parent or guardian of the child to perform community

20  service if the court finds that the parent or guardian did not

21  make a diligent and good faith effort to prevent the child

22  from engaging in delinquent acts. The court may also order the

23  parent or guardian to make restitution in money or in kind for

24  any damage or loss caused by the child's offense. The court

25  shall determine a reasonable amount or manner of restitution,

26  and payment shall be made to the clerk of the circuit court as

27  provided in subparagraph 6.

28         10.  Subject to specific appropriation, commit the

29  juvenile sexual offender to the Department of Juvenile Justice

30  for placement in a program or facility for juvenile sexual

31  offenders in accordance with s. 985.308.  Any commitment of a


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  1  juvenile sexual offender to a program or facility for juvenile

  2  sexual offenders must be for an indeterminate period of time,

  3  but the time may not exceed the maximum term of imprisonment

  4  that an adult may serve for the same offense.  The court may

  5  retain jurisdiction over a juvenile sexual offender until the

  6  juvenile sexual offender reaches the age of 21, specifically

  7  for the purpose of completing the program.

  8         (2)  Following a delinquency adjudicatory hearing

  9  pursuant to s. 985.228 and a delinquency disposition hearing

10  pursuant to s. 985.23 which results in a commitment

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

12  the state or the department, determine whether the protection

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

14  for serious or habitual juvenile offenders and whether the

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

16  program for serious or habitual juvenile offenders as provided

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

18  985.03(46)(47) and 985.23(3).

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

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

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

22  amended to read:

23         985.231  Powers of disposition in delinquency cases.--

24         (1)

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

26  have committed a delinquent act and temporary legal custody of

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

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

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

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

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


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

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

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

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

  5  supervision of the department in order to partially offset the

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

  7  maintenance, and other usual and ordinary obligations of

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

  9  the child in the recommended residential commitment level,

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

11  or guardian of the child is indigent.

12         2.  No later than the disposition hearing, the

13  department shall provide the court with information concerning

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

15  in the recommended residential commitment level and concerning

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

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

18  guardianship shall pay to the department a nominal subsistence

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

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

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

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

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

24  would constitute a significant financial hardship.  Such

25  finding shall be in writing and shall contain a detailed

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

27  finding of indigency and the finding of significant financial

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

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

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

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


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

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

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

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

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

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

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

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

  9  a significant hardship if obligated for such amount.

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

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

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

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

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

15  parent or guardian has cooperated in the investigation and

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

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

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

19  diligent and good faith effort to prevent the child from

20  engaging in the delinquent act or violation of law.

21         4.  All orders committing a child to a residential

22  commitment program shall include specific findings as to what

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

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

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

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

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

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

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

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

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


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

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

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

  4  obligated respecting the payment of fees. When the order

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

  6  shall be delivered to the judge having jurisdiction of the

  7  guardianship estate.

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

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

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

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

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

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

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

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

16  money collected under this section to the state Grants and

17  Donations Trust Fund.

18         6.  The parent or guardian shall provide to the

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

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

21  or identification card number and sufficient financial

22  information for the department to be able to determine the

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

24  guardian refuses to provide the department with any

25  identifying information or financial information, the court

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

27  court sanctions for failure to comply.

28         7.  The department may employ a collection agency for

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

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

31  registered and in good standing under chapter 559. The


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

  2  amount collected under the claim or may authorize the agency

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

  4  may also pay for collection services from available authorized

  5  funds.

  6         8.  The department may enter into agreements with

  7  parents or guardians to establish a schedule of periodic

  8  payments if payment of the obligation in full presents an

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

10  interests consistent with prevailing loan rates.

11         9.  The Department of Juvenile Justice shall provide to

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

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

14  payments received by the department pursuant to this

15  subsection shall be deposited in the state Grants and

16  Donations Trust Fund.

17         10.  Neither the court nor the department may extend

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

19  purpose of collecting fees.

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

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

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

23  amended to read:

24         985.233  Sentencing powers; procedures; alternatives

25  for juveniles prosecuted as adults.--

26         (4)  SENTENCING ALTERNATIVES.--

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

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

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

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

31  natural or adoptive parents of such child, including the


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

  2  acknowledged his paternity in writing before the court, or

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

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

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

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

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

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

  9  usual and ordinary obligations of parents to provide for the

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

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

12  child is indigent.

13         2.  Prior to commitment, the department shall provide

14  the court with information concerning the actual cost of care

15  in the recommended residential commitment level and concerning

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

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

18  parent or guardian shall pay to the department a nominal

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

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

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

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

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

24  makes a finding that such payment would constitute a

25  significant financial hardship.  Such finding shall be in

26  writing and shall contain a detailed description of the facts

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

28  the finding of significant financial hardship. As to each

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

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

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


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

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

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

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

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

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

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

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

  9  record that the parent or guardian would suffer a significant

10  hardship if obligated for such amount.

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

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

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

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

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

16  parent or guardian has cooperated in the investigation and

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

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

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

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

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

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

23  the order shall be delivered to the judge having jurisdiction

24  of the guardianship estate.

25         4.  All orders committing a child to a residential

26  commitment program shall include specific findings as to what

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

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

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

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

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


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

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

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

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

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

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

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

  8  obligated respecting the payment of fees.

  9         5.  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         6.  The parent or guardian shall provide to the

20  department the parent 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 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         7.  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. The Department of Juvenile Justice shall provide to the

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

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

  9  payments received by the department pursuant to this

10  subsection shall be deposited in the state Grants and

11  Donations Trust Fund.

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

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

14  purpose of collecting fees.

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

16  of section 985.233, Florida Statutes, to read:

17         985.233  Sentencing powers; procedures; alternatives

18  for juveniles prosecuted as adults.--

19         (4)  SENTENCING ALTERNATIVES.--

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

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

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

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

24  placement order shall include a finding pursuant to the

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

26  

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

28  guidelines in this subsection are mandatory and that a

29  determination of disposition under this subsection is subject

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

31  985.234.


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

  2  Statutes, is amended to read:

  3         985.305  Early delinquency intervention program;

  4  criteria.--

  5         (2)  The early delinquency intervention program shall

  6  consist of intensive residential treatment in a secure

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

  8  additional services conditional release.  An early delinquency

  9  intervention program facility shall be designed to accommodate

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

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

12  maximum if the additional children have previously been

13  released from the residential portion of the program and are

14  later found to need additional residential treatment.

15         Section 29.  Section 985.3065, Florida Statutes, is

16  amended to read:

17         985.3065  Prearrest or postarrest diversion programs.--

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

19  cooperation with the state attorney, may establish a prearrest

20  or postarrest diversion program.

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

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

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

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

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

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

27  Department of Highway Safety and Motor Vehicles in writing to

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

29  exceed 90 days.

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

31  upon agreement of the agencies that establish the program,


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  1  provide for the expunction of the nonjudicial arrest record of

  2  a minor who successfully completes such a program pursuant to

  3  s. 943.0582.

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

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

  6  Statutes, are amended to read:

  7         985.31  Serious or habitual juvenile offender.--

  8         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  9  TREATMENT.--

10         (e)  After a child has been adjudicated delinquent

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

12  child meets the criteria for a serious or habitual juvenile

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

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

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

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

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

18  department shall implement the comprehensive assessment

19  instrument for the treatment needs of serious or habitual

20  juvenile offenders and for the assessment, which assessment

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

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

23  child's:

24         1.  Amenability to treatment.

25         2.  Proclivity toward violence.

26         3.  Tendency toward gang involvement.

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

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

29  abuse, or indication of sexual behavior dysfunction.

30         6.  Number and type of previous adjudications, findings

31  of guilt, and convictions.


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  1         7.  Potential for rehabilitation.

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

  3  Florida Statutes, is amended to read:

  4         985.3155  Multiagency plan for vocational education.--

  5         (4)  The plan must also address strategies to

  6  facilitate involvement of business and industry in the design,

  7  delivery, and evaluation of vocational programming in juvenile

  8  justice commitment facilities and conditional release

  9  aftercare programs, including apprenticeship and work

10  experience programs, mentoring and job shadowing, and other

11  strategies that lead to postrelease employment. Incentives for

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

13  liability limits should be investigated, implemented where

14  appropriate, or recommended to the Legislature for

15  consideration.

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

17  985.316, Florida Statutes, are amended to read:

18         985.316  Conditional release.--

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

20  commitment program, conditional release services may be

21  delivered through either minimum-risk nonresidential

22  commitment restrictiveness programs or postcommitment

23  probation. A juvenile under minimum-risk nonresidential

24  commitment placement will continue to be on commitment status

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

26  juvenile on postcommitment probation will be subject to the

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

28         (5)  Participation in the educational program by

29  students of compulsory school attendance age pursuant to s.

30  232.01 is mandatory for juvenile justice youth on conditional

31  release aftercare or postcommitment probation community


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  1  control status. A student of noncompulsory school-attendance

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

  3  equivalent must participate in the educational program. A

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

  5  and is not employed must participate in workforce development

  6  or other vocational or technical education or attend a

  7  community college or a university while in the program,

  8  subject to available funding.

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

10  985.404, Florida Statutes, are amended to read:

11         985.404  Administering the juvenile justice

12  continuum.--

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

14  diversified and innovative programs to provide rehabilitative

15  treatment, including early intervention and prevention,

16  diversion, comprehensive intake, case management, diagnostic

17  and classification assessments, individual and family

18  counseling, shelter care, diversified detention care

19  emphasizing alternatives to secure detention, diversified

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

21  substance abuse treatment services, community-based mental

22  health treatment services, community-based residential and

23  nonresidential programs, environmental programs, and programs

24  for serious or habitual juvenile offenders. Each program shall

25  place particular emphasis on reintegration and conditional

26  release for all children in the program.

27         (b)  The Legislature intends that, whenever possible

28  and reasonable, the department make every effort to consider

29  qualified faith-based organizations on an equal basis with

30  other private organizations when selecting contract providers

31  of services to juveniles.


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

  2  organizations on the same basis as any other nongovernmental

  3  provider, without impairing the religious character of such

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

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

  6  the same basis as any other nongovernmental provider, without

  7  impairing the religious character of such organization.  A

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

  9  with the department, shall retain its independence from state

10  and local governments with regard to control over the

11  definition, development, practice, and expression of its

12  religious beliefs.  The department shall not require a

13  faith-based organization to alter its form of internal

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

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

16         (d)  The department may include in any services

17  contract a requirement that providers prepare plans describing

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

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

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

21  that may result in cancellation of the contract.

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

23  necessary to appropriately administer the child's commitment,

24  from one facility or program to another facility or program

25  operated, contracted, subcontracted, or designated by the

26  department, including a postcommitment minimum-risk

27  nonresidential conditional release program. The department

28  shall notify the court that committed the child to the

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

30  intent to transfer the child from a commitment facility or

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


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  1  restrictiveness level.  The court that committed the child may

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

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

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

  5  deemed granted.

  6         Section 34.  Section 985.412, Florida Statutes, is

  7  amended to read:

  8         985.412  Quality assurance and cost-effectiveness.--

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

10  department to:

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

12  decisionmakers in a timely manner so that resources are

13  allocated to programs of the department which achieve desired

14  performance levels.

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

16  programs and their differential effectiveness so that the

17  quality of such programs can be compared and improvements made

18  continually.

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

20  policy issues and concerns.

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

22  effectiveness of such programs in meeting established goals

23  and objectives.

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

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

26  or her needs.

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

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

29  effective.

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

31  


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

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

  3  contract with the department.

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

  5  generally related objectives which, because of their special

  6  character, related workload, and interrelated output, can

  7  logically be considered an entity for purposes of

  8  organization, management, accounting, reporting, and

  9  budgeting.

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

11  program to achieve desired client outcomes, goals, and

12  objectives.

13         (3)  The department shall annually collect and report

14  cost data for every program operated or contracted by the

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

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

17  be reported and collected for state-operated and contracted

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

19  department shall ensure that there is accurate cost accounting

20  for state-operated services including market-equivalent rent

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

22  provided to a residential facility shall be reported and

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

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

25  Speaker of the House of Representatives, the Minority Leader

26  of each house of the Legislature, the appropriate substantive

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

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

29  Cost-benefit analysis for educational programs will be

30  developed and implemented in collaboration with and in

31  cooperation with the Department of Education, local providers,


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

  2  include data collected by the Department of Education for the

  3  purposes of preparing the annual report required by s.

  4  230.23161(21).

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

  6  consultation with the Office of Economic and Demographic

  7  Research, and contract service providers, shall develop a

  8  cost-effectiveness model and apply the model to each

  9  commitment program. Program recidivism rates shall be a

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

11  compare program costs to client outcomes and program outputs.

12  It is the intent of the Legislature that continual development

13  efforts take place to improve the validity and reliability of

14  the cost-effectiveness model and to integrate the standard

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

16  program outcome evaluations.

17         (b)  The department shall rank commitment programs

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

19  report to the appropriate substantive and fiscal committees of

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

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

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

23  recent cost-effectiveness rankings, the department may

24  terminate a program operated by the department or a provider

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

26  program effectiveness. This paragraph does not preclude the

27  department from terminating a contract as provided under s.

28  985.412 or as otherwise provided by law or contract, and does

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

30  terminate a contract.

31  


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

  2  Demographic Research, and contract service providers, the

  3  department shall develop a work plan to refine the

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

  5  the performance-based program budgeting measures approved by

  6  the Legislature to the extent the department deems

  7  appropriate. The department shall notify the Office of Program

  8  Policy Analysis and Government Accountability of any meetings

  9  to refine the model.

10         (e)  Contingent upon specific appropriation, the

11  department, in consultation with the Office of Economic and

12  Demographic Research, and contract service providers, shall:

13         1.  Construct a profile of each commitment program that

14  uses the results of the quality assurance report required by

15  s. 985.412, the cost-effectiveness report required in this

16  subsection, and other reports available to the department.

17         2.  Target, for a more comprehensive evaluation, any

18  commitment program that has achieved consistently high, low,

19  or disparate ratings in the reports required under

20  subparagraph 1.

21         3.  Identify the essential factors that contribute to

22  the high, low, or disparate program ratings.

23         4.  Use the results of these evaluations in developing

24  or refining juvenile justice programs or program models,

25  client outcomes and program outputs, provider contracts,

26  quality assurance standards, and the cost-effectiveness model.

27         (5)(c)  The department shall:

28         (a)1.  Establish a comprehensive quality assurance

29  system for each program operated by the department or operated

30  by a provider under contract with the department. Each

31  


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  1  contract entered into by the department must provide for

  2  quality assurance.

  3         (b)2.  Provide operational definitions of and criteria

  4  for quality assurance for each specific program component.

  5         (c)3.  Establish quality assurance goals and objectives

  6  for each specific program component.

  7         (d)4.  Establish the information and specific data

  8  elements required for the quality assurance program.

  9         (e)5.  Develop a quality assurance manual of specific,

10  standardized terminology and procedures to be followed by each

11  program.

12         (f)6.  Evaluate each program operated by the department

13  or a provider under a contract with the department and

14  establish minimum thresholds for each program component. If a

15  provider fails to meet the established minimum thresholds,

16  such failure shall cause the department to cancel the

17  provider's contract unless the provider achieves compliance

18  with minimum thresholds within 6 months or unless there are

19  documented extenuating circumstances. In addition, the

20  department may not contract with the same provider for the

21  canceled service for a period of 12 months. If a

22  department-operated program fails to meet the established

23  minimum thresholds, the department must take necessary and

24  sufficient steps to ensure and document program changes to

25  achieve compliance with the established minimum thresholds. If

26  the department-operated program fails to achieve compliance

27  with the established minimum thresholds within 6 months and if

28  there are no documented extenuating circumstances, the

29  department must notify the Executive Office of the Governor

30  and the Legislature of the corrective action taken.

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  1  Appropriate corrective action may include, but is not limited

  2  to:

  3         1.a.  Contracting out for the services provided in the

  4  program;

  5         2.b.  Initiating appropriate disciplinary action

  6  against all employees whose conduct or performance is deemed

  7  to have materially contributed to the program's failure to

  8  meet established minimum thresholds;

  9         3.c.  Redesigning the program; or

10         4.d.  Realigning the program.

11  

12  The department shall submit an annual report to the President

13  of the Senate, the Speaker of the House of Representatives,

14  the Minority Leader of each house of the Legislature, the

15  appropriate substantive and fiscal committees of each house of

16  the Legislature, and the Governor, no later than February 1 of

17  each year. The annual report must contain, at a minimum, for

18  each specific program component:  a comprehensive description

19  of the population served by the program; a specific

20  description of the services provided by the program; cost; a

21  comparison of expenditures to federal and state funding;

22  immediate and long-range concerns; and recommendations to

23  maintain, expand, improve, modify, or eliminate each program

24  component so that changes in services lead to enhancement in

25  program quality. The department shall ensure the reliability

26  and validity of the information contained in the report.

27         (6)(2)  The department shall collect and analyze

28  available statistical data for the purpose of ongoing

29  evaluation of all programs. The department shall provide the

30  Legislature with necessary information and reports to enable

31  the Legislature to make informed decisions regarding the


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  1  effectiveness of, and any needed changes in, services,

  2  programs, policies, and laws.

  3         (7)  No later than November 1, 2001, the department

  4  shall submit a proposal to the Legislature concerning funding

  5  incentives and disincentives for the department and for

  6  providers under contract with the department.  The

  7  recommendations for funding incentives and disincentives shall

  8  be based upon both quality assurance performance and

  9  cost-effectiveness performance.  The proposal should strive to

10  achieve consistency in incentives and disincentives for both

11  department-operated and contractor-provided programs.  The

12  department may include recommendations for the use of

13  liquidated damages in the proposal; however, the department is

14  not presently authorized to contract for liquidated damages in

15  non-hardware-secure facilities until January l, 2002.

16         Section 35.  Subsection (1) of section 985.417, Florida

17  Statutes, is amended to read:

18         985.417  Transfer of children from the Department of

19  Corrections to the Department of Juvenile Justice.--

20         (1)  When any child under the age of 18 years is

21  sentenced by any court of competent jurisdiction to the

22  Department of Corrections, the Secretary of Juvenile Justice

23  may transfer such child to the department for the remainder of

24  the sentence, or until his or her 21st birthday, whichever

25  results in the shorter term. If, upon such person's attaining

26  his or her 21st birthday, the sentence has not terminated, he

27  or she shall be transferred to the Department of Corrections

28  for placement in a youthful offender program, transferred or,

29  with the commission's consent, to the supervision of the

30  department, or be given any other transfer that may lawfully

31  be made.


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  1         Section 36.  Subsections (2) and (3) of section 14 of

  2  chapter 2000-134, Laws of Florida, are amended to read:

  3         Section 14.  Juvenile Arrest and Monitor Unit pilot

  4  program; creation; operation; duties of Orange County

  5  Sheriff's Office and Department of Juvenile Justice.--

  6         (2)  Under the pilot program created in subsection (1),

  7  the Orange County Sheriff's Office shall monitor selected

  8  juvenile offenders on probation community control in Orange

  9  County. The Department of Juvenile Justice shall recommend

10  juvenile offenders on probation community control,

11  post-commitment probation community control, and conditional

12  release aftercare to be supervised under this program. The

13  Orange County Sheriff's Office has the sole right and

14  authority to accept or reject any or all juvenile offenders

15  who have been recommended by the Department of Juvenile

16  Justice to the Juvenile Arrest and Monitor Unit. The sheriff's

17  office shall determine the number of juvenile offenders it

18  will supervise. The Department of Juvenile Justice shall

19  monthly recommend juvenile offenders to the sheriff's office,

20  to ensure that the program operates at maximum capacity as

21  determined by the sheriff's office. The Juvenile Arrest and

22  Monitor Unit shall supervise up to 25 juveniles per deputy

23  assigned to the unit. The Juvenile Arrest and Monitor Unit

24  will accept juvenile offenders who have been determined by the

25  Department of Juvenile Justice to be on probation community

26  control, post-commitment probation community control, and

27  conditional release aftercare. The Orange County Sheriff's

28  Office shall use all statutorily available means, ranging from

29  a verbal warning to arrest and incarceration, to effect

30  offenders' compliance with the terms of probation community

31  control.


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  1         (3)  The Department of Juvenile Justice shall maintain

  2  all files and paperwork relating to all juveniles on probation

  3  community control, post-commitment probation community

  4  control, and conditional release aftercare who are supervised

  5  under this pilot program as required by the Florida Statutes.

  6         Section 37.  Section 985.42, Florida Statutes, is

  7  created to read:

  8         985.42  Inspector general; inspectors.--The secretary

  9  is authorized to designate persons holding law enforcement

10  certification within the Office of the Inspector General as

11  law enforcement officers, as necessary, to enforce any

12  criminal law, and conduct any criminal investigation that

13  relates to state-operated programs or state-operated

14  facilities over which the department has jurisdiction. Persons

15  designated as law enforcement officers must be certified

16  pursuant to s. 943.1395.

17         Section 38.  Effective upon this act becoming a law,

18  section 985.422, Florida Statutes, is created to read:

19         985.422  Maintenance of state-owned facilities.--

20         (1)  If the terms of a provider contract require or

21  allow the department to withhold a portion of the provider's

22  payment to establish a fund for significant maintenance,

23  repairs, or upgrades to state-owned or leased facilities, the

24  department shall deposit all such withheld payments into the

25  Administrative Trust Fund, which shall be used for such

26  purposes pursuant to lawful appropriation.

27         (2)  This section is repealed July 1, 2002.

28         Section 39.  Paragraph (b) of subsection (4) of section

29  985.401, Florida Statutes, is amended to read:

30         985.401  Juvenile Justice Advisory Board.--

31         (4)


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  1         (b)  In developing the standard methodology, the board

  2  shall consult with the department, the Office of Economic and

  3  Demographic Research, contract service providers, and other

  4  interested parties. It is the intent of the Legislature that

  5  this effort result in consensus recommendations, and, to the

  6  greatest extent possible, integrate the goals and

  7  legislatively approved measures of performance-based program

  8  budgeting provided in chapter 94-249, Laws of Florida, and the

  9  quality assurance program provided in s. 985.412, and the

10  cost-effectiveness model provided in s. 985.404(11). The board

11  shall notify the Office of Program Policy Analysis and

12  Government Accountability of any meetings to develop the

13  methodology.

14         Section 40.  (1)  The "Safety and Security Best

15  Practices" developed by the Office of Program Policy Analysis

16  and Government Accountability and approved by the Commissioner

17  of Education shall be reviewed annually by the Office of

18  Program Policy Analysis and Government Accountability and the

19  Partnership for School Safety and Security established in s.

20  229.8347, Florida Statutes, and each entity shall make

21  recommendations to the Commissioner of Education for the

22  addition, revision, or deletion of best practices.

23         (2)  Each school district shall use the Safety and

24  Security Best Practices to conduct a self-assessment of the

25  school districts' current safety and security practices. Based

26  on these self-assessment findings, the superintendent of each

27  school district shall provide recommendations to the school

28  board which identify strategies and activities that the school

29  district should implement in order to improve school safety

30  and security.

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  1         (3)  By July 1, 2002, and annually thereafter, each

  2  school board must receive the self-assessment results at a

  3  publicly notice school board meeting to provide the public an

  4  opportunity to hear the school board members discuss and take

  5  action on the report findings. Each superintendent shall

  6  report the self-assessment results and school board action to

  7  the Commissioner of Education within 30 days following the

  8  school board meeting.

  9         Section 41.  Subsections (10) and (11) of section

10  985.404, Florida Statutes, are repealed.

11         Section 42.  Paragraph (e) is added to subsection (15)

12  of section 121.021, Florida Statutes, to read:

13         121.021  Definitions.--The following words and phrases

14  as used in this chapter have the respective meanings set forth

15  unless a different meaning is plainly required by the context:

16         (15)

17         (e)  Effective July 1, 2001, the term "special risk

18  member" includes any member who is employed as a youth custody

19  officer by the Department of Juvenile Justice and meets the

20  special criteria set forth in s. 121.0515(2)(g).

21         Section 43.  Paragraph (g) is added to subsection (2)

22  of section 121.0515, Florida Statutes, to read:

23         121.0515  Special risk membership.--

24         (2)  CRITERIA.--A member, to be designated as a special

25  risk member, must meet the following criteria:

26         (g)  The member must be employed as a youth custody

27  officer and be certified, or required to be certified, in

28  compliance with s. 943.1395. In addition, the member's primary

29  duties and responsibilities must be the supervised custody,

30  surveillance, control, investigation, apprehension, arrest,

31  and counseling of assigned juveniles within the community.


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  1         Section 44.  Except as otherwise provided herein, this

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