Senate Bill sb0974c1

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    Florida Senate - 2001                            CS for SB 974

    By the Committee on Education and Senator Bronson





    304-1866-01

  1                      A bill to be entitled

  2         An act relating to school attendance by violent

  3         offenders; amending s. 230.235, F.S.; requiring

  4         schools to adopt a policy of zero tolerance for

  5         victimization of students; requiring each

  6         school district to enter into an agreement with

  7         the Department of Juvenile Justice for the

  8         purpose of protecting victims; amending s.

  9         231.0851, F.S.; requiring principals to take

10         certain actions when a student has been a

11         victim of a violent crime perpetrated by

12         another student; providing ineligibility for

13         certain performance pay policy incentives under

14         certain circumstances; creating s. 232.265,

15         F.S.; requiring the Department of Juvenile

16         Justice to provide certain notice to school

17         districts under certain circumstances;

18         prohibiting certain persons from attending

19         certain schools or riding on certain school

20         buses under certain circumstances; providing

21         for attending alternate schools; assigning

22         responsibility for certain transportation under

23         certain circumstances; amending s. 960.001,

24         F.S.; providing an additional guideline for

25         attendance of a victim at the same school as a

26         juvenile defendant; amending s. 985.228, F.S.;

27         requiring certain court orders to include

28         certain findings; amending s. 985.23, F.S.;

29         requiring a court to determine the

30         appropriateness of a no-contact order under

31         certain circumstances; amending ss. 985.231,

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  1         985.233, F.S.; requiring a court placement

  2         order or a commitment order to include certain

  3         findings; providing an effective date.

  4

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

  6

  7         Section 1.  Section 230.235, Florida Statutes, is

  8  amended to read:

  9         230.235  Policy of zero tolerance for crime and

10  victimization.--

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

12  section, adopt a policy of zero tolerance for:

13         (a)  Crime and substance abuse pursuant to this

14  section. Such a policy shall include the reporting of

15  delinquent acts and crimes occurring whenever and wherever

16  students are under the jurisdiction of the school district.

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

18  include taking all steps necessary to protect the victim of

19  any violent crime from any further victimization.

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

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

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

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

24  to be referred for criminal prosecution:

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

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

27  school-sponsored transportation.

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

29  790.162 and 790.163, respectively, involving school or school

30  personnel's property, school transportation, or a

31  school-sponsored activity.

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  1

  2  District school boards may assign the student to a

  3  disciplinary program or second chance school for the purpose

  4  of continuing educational services during the period of

  5  expulsion. Superintendents may consider the 1-year expulsion

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

  7  school board to modify the requirement by assigning the

  8  student to a disciplinary program or second chance school if

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

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

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

12  district shall comply with procedures pursuant to s. 232.251

13  and any applicable state board rule.

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

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

16  specifying guidelines for ensuring that felonies and violent

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

18  delinquent acts that would be felonies or violent misdemeanors

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

20  cooperative agreement adopted pursuant to s. 230.23161(14)

21  with the Department of Juvenile Justice shall specify

22  guidelines for ensuring that all no-contact orders entered by

23  the court are reported and enforced and that all steps

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

25  Such agreements shall include the role of school resource

26  officers, if applicable, in handling reported incidents,

27  special circumstances in which school officials may handle

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

29  procedure for ensuring that school personnel properly report

30  appropriate delinquent acts and crimes. The school principal

31  shall be responsible for ensuring that all school personnel

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  1  are properly informed as to their responsibilities regarding

  2  crime reporting, that appropriate delinquent acts and crimes

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

  4  special circumstances are properly taken and documented.

  5         Section 2.  Section 231.0851, Florida Statutes, is

  6  amended to read:

  7         231.0851  Reports of school safety and discipline.--

  8         (1)  Each principal must ensure that standardized forms

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

10  report data concerning school safety and discipline to the

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

12  verify the accuracy of reported incidents.

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

14  crime perpetrated by another student who attends the same

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

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

17  to comply with this subsection shall be ineligible for any

18  portion of the performance pay policy incentive under s.

19  230.23(5)(c). However, if any party responsible for

20  notification fails to properly notify the school, the

21  principal shall not be ineligible for the incentive.

22         Section 3.  Section 232.265, Florida Statutes, is

23  created to read:

24         232.265  School attendance and transportation of

25  certain offenders.--

26         (1)  Notwithstanding any provision of law prohibiting

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

28  who is attending public school is adjudicated guilty of or

29  delinquent for, is found to have committed, regardless of

30  whether adjudication is withheld, or pleads guilty or nolo

31  contendere to a felony violation of:

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  1         (a)  Chapter 782, relating to homicide;

  2         (b)  Section 784.045, relating to aggravated battery;

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

  4  imprisonment, luring or enticing a child, and custody

  5  offenses;

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

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

  8  exposure;

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

10         (g)  Section 812.13, relating to robbery;

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

12  snatching;

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

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

15  robbery,

16

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

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

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

20  offense, the Department of Juvenile Justice shall notify the

21  appropriate school district of the adjudication or plea and

22  the operation of this section and whether the offender is

23  prohibited from attending that school or riding on a school

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

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

26  except as provided pursuant to a written disposition order

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

28  school district shall take appropriate action to effectuate

29  the provisions of subsection (2).

30         (2)  Any offender described in subsection (1) who is

31  not exempted as provided in subsection (1) may not attend any

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  1  school attended by the victim or a sibling of the victim of

  2  the offense or ride on a school bus on which the victim or a

  3  sibling of the victim is riding. The offender shall be

  4  permitted by the school district in which the offender resides

  5  to attend another school within the district, provided the

  6  other school is not attended by the victim or a sibling of the

  7  victim of the offense, or may be permitted by another school

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

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

10  offender resides due to the operation of this section.

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

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

13  prohibited from attending school in another school district,

14  the school district in which the offender resides shall take

15  every reasonable precaution to keep the offender separated

16  from the victim while on school grounds or on school

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

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

19  need not be limited to, in-school suspension of the offender

20  and the scheduling of classes, lunch, or other school

21  activities of the victim and the offender so that they do not

22  coincide.

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

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

25  responsible for arranging and paying for transportation

26  associated with or required by the offender's attending

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

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

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

30  offender or the parents or the legal guardian of the offender

31  may not be charged for existing modes of transportation that

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

  2  district.

  3         Section 4.  Paragraph (s) is added to subsection (1) of

  4  section 960.001, Florida Statutes, to read:

  5         960.001  Guidelines for fair treatment of victims and

  6  witnesses in the criminal justice and juvenile justice

  7  systems.--

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

  9  attorneys, the Department of Corrections, the Department of

10  Juvenile Justice, the Parole Commission, the State Courts

11  Administrator and circuit court administrators, the Department

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

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

14  943.10(4) shall develop and implement guidelines for the use

15  of their respective agencies, which guidelines are consistent

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

17  State Constitution and are designed to implement the

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

19  to achieve the following objectives:

20         (s)  Attendance of victim at same school as

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

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

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

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

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

26  the jurisdiction of the criminal circuit court, the Department

27  of Corrections shall make such request.  If the victim or any

28  sibling of the victim attends or is eligible to attend the

29  same school as that of the offender, the appropriate agency

30  shall notify the victim's parent or legal guardian of the

31  right to attend the sentencing or disposition of the offender

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  1  and request that the offender be required to attend a

  2  different school.

  3         Section 5.  Subsection (4) of section 985.228, Florida

  4  Statutes, is amended to read:

  5         985.228  Adjudicatory hearings; withheld adjudications;

  6  orders of adjudication.--

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

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

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

10  upon which its finding is based but withholding adjudication

11  of delinquency and placing the child in a probation program

12  under the supervision of the department or under the

13  supervision of any other person or agency specifically

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

15  condition of the program, impose as a penalty component

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

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

18  license of the child, or other nonresidential punishment

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

20  component a requirement of participation in substance abuse

21  treatment, or school or other educational program attendance.

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

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

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

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

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

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

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

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

30  compliance, but without further evidence of the state of

31  delinquency, enter an adjudication of delinquency and shall

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  1  thereafter have full authority under this chapter to deal with

  2  the child as adjudicated.

  3         Section 6.  Subsection (1) of section 985.23, Florida

  4  Statutes, is amended to read:

  5         985.23  Disposition hearings in delinquency

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

  7  delinquent act, the following procedures shall be applicable

  8  to the disposition of the case:

  9         (1)  Before the court determines and announces the

10  disposition to be imposed, it shall:

11         (a)  State clearly, using common terminology, the

12  purpose of the hearing and the right of persons present as

13  parties to comment at the appropriate time on the issues

14  before the court;

15         (b)  Discuss with the child his or her compliance with

16  any home release plan or other plan imposed since the date of

17  the offense;

18         (c)  Discuss with the child his or her feelings about

19  the offense committed, the harm caused to the victim or

20  others, and what penalty he or she should be required to pay

21  for such transgression; and

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

23  opportunity to comment on the issue of disposition and any

24  proposed rehabilitative plan. Parties to the case shall

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

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

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

28  or her representative; representatives of the school system;

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

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

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

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

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

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

  4  determine whether it is appropriate to enter a no-contact

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

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

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

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

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

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

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

12  sibling of the victim.

13

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

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

16  at the discretion of the court and not mandatory requirements

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

18  provide for the appeal of the disposition made pursuant to

19  this section.

20         Section 7.  Paragraph (a) of subsection (1) of section

21  985.231, Florida Statutes, is amended to read:

22         985.231  Powers of disposition in delinquency cases.--

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

24  adjudicated delinquent child may, by an order stating the

25  facts upon which a determination of a sanction and

26  rehabilitative program was made at the disposition hearing:

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

28  postcommitment probation program under the supervision of an

29  authorized agent of the Department of Juvenile Justice or of

30  any other person or agency specifically authorized and

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

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

  2  place under such reasonable conditions as the court may

  3  direct. A probation program for an adjudicated delinquent

  4  child must include a penalty component such as restitution in

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

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

  7  nonresidential punishment appropriate to the offense and must

  8  also include a rehabilitative program component such as a

  9  requirement of participation in substance abuse treatment or

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

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

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

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

14  court placement order shall include a finding pursuant to the

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

16  recommendation of the department at the time of disposition,

17  or subsequent to disposition pursuant to the filing of a

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

19  postcommitment probation or conditional release supervision,

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

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

22  controlled substances.

23         a.  A restrictiveness level classification scale for

24  levels of supervision shall be provided by the department,

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

26  probation supervision requirements to reasonably ensure the

27  public safety. Probation programs for children shall be

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

29  specifically authorized by the court. These programs must

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

31  activities as described in this subparagraph, and shall be

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  1  designed to encourage the child toward acceptable and

  2  functional social behavior. If supervision or a program of

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

  4  such supervision or program must be consistent with any

  5  treatment and rehabilitation needs identified for the child

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

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

  8  that the duration of such supervision or program for an

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

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

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

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

13  the child and the parent or guardian could reasonably be

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

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

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

17         b.  The court may conduct judicial review hearings for

18  a child placed on probation for the purpose of fostering

19  accountability to the judge and compliance with other

20  requirements, such as restitution and community service. The

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

22  has substantially complied with the terms and conditions of

23  probation.

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

25  postcommitment probation program are violated, the department

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

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

28  violates the conditions of probation or postcommitment

29  probation must be brought before the court if sanctions are

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

31  violating the conditions of probation or postcommitment

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

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

  3  hours after being taken into custody to determine the

  4  existence of probable cause that the child violated the

  5  conditions of probation or postcommitment probation. A

  6  consequence unit is a secure facility specifically designated

  7  by the department for children who are taken into custody

  8  under s. 985.207 for violating probation or postcommitment

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

10  violated the conditions of probation or postcommitment

11  probation. If the violation involves a new charge of

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

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

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

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

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

17  985.215. If the child denies violating the conditions of

18  probation or postcommitment probation, the court shall appoint

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

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

21  that the child has violated the conditions of probation or

22  postcommitment probation, the court shall enter an order

23  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

28  is found to have violated the conditions of probation or

29  postcommitment probation, the court may:

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

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

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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         Section 8.  Paragraph (f) is added to subsection (4) of

  9  section 985.233, Florida Statutes, to read:

10         985.233  Sentencing powers; procedures; alternatives

11  for juveniles prosecuted as adults.--

12         (4)  SENTENCING ALTERNATIVES.--

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

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

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

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

17  placement order shall include a finding pursuant to the

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

19

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

21  guidelines in this subsection are mandatory and that a

22  determination of disposition under this subsection is subject

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

24  985.234.

25         Section 9.  This act shall take effect July 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 974

  3

  4  The committee substitute adds the following provisions to the
    bill:
  5
    -Requires zero tolerance policies to address the protection of
  6  students who are the victims of violent crimes;

  7  -Requires cooperative agreements between the school district
    and the Department of Juvenile Justice to specify guidelines
  8  for ensuring the reporting and enforcement of "no contact"
    orders;
  9
    -Amends ss. 985.228, 985.231, and 985.233, F.S., related to
10  court orders involving the school attended by the victim, the
    victim's sibling, and the student who is the subject of court
11  action;

12  -Amends s. 985.23, F.S., to require the court to determine the
    appropriateness of entering a "no contact" order in favor of
13  the victim or the victim's sibling, with discretion based on
    the preferences of the parents or guardian;
14
    -Requires notification to the school district by the
15  Department of Juvenile Justice related to court actions and
    "no contact" orders;
16
    -Requires the Department of Juvenile Justice (for juveniles
17  who are victim of certain offenses) or the Department of
    Corrections (for persons subject to the jurisdiction of the
18  criminal justice system) to request information related to the
    school attended by the victim or the victim's sibling and
19  requires notification to the victim's parents or legal
    guardian about the right to attend court proceedings and make
20  a request for school placement;

21  -Includes an economic sanction (with an exception) for a
    school principal who fails to use the provisions of law  for
22  victims of violent crime committed by another student at the
    same school;
23
    -Includes new guidelines for the fair treatment of victims in
24  the criminal justice and juvenile justice systems;

25  -Changes the reference in s. 985.231(1)(a)3.,F.S.,to reflect
    the Department of Juvenile Justice's residential commitment
26  level; and

27  -Requires the school district to take precautions for
    separating the student from the victim while on school
28  property or on school transportation if the placement in
    another school or school district is not possible.
29
    The committee substitute makes the following changes:
30
    -Clarifies the responsibilities for transportation when a
31  student must attend another school;

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  1  -States that the offenses involved are felonies and includes
    certain offenses not contained in the original bill (homicide,
  2  aggravated battery, robbery, robbery by snatching, carjacking,
    and home invasion robbery); and
  3
     -Changes the effective date of the bill from October 1, 2001
  4  to July 1, 2001.

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