Senate Bill sb1946

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1946

    By Senator Clary





    4-1154-04                                           See HB 623

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 287.042, F.S.; providing an exemption from

  4         competitive solicitation requirements for

  5         contracted provider organizations acting as

  6         agents of the Department of Juvenile Justice;

  7         amending s. 790.22, F.S.; eliminating a

  8         requirement that the department provide

  9         nonidentifying information concerning certain

10         juvenile offenders to the Office of Economic

11         Development and Demographic Research; amending

12         s. 984.06, F.S.; revising provisions limiting

13         public inspection of court records pertaining

14         to children and families in need of services;

15         authorizing a guardian ad litem to inspect such

16         records under certain circumstances; amending

17         s. 985.201, F.S.; clarifying circumstances in

18         which the court may retain jurisdiction beyond

19         the 19th birthday of certain juvenile

20         offenders; amending s. 985.2075, F.S.;

21         expanding the circumstances in which a youth

22         custody officer is authorized to act; requiring

23         youth custody officers to file petitions and

24         gather evidence in certain circumstances;

25         amending ss. 985.213 and 985.215, F.S.;

26         authorizing the use of telephone or video

27         teleconference to facilitate the appearance of

28         a child at detention hearings; amending s.

29         985.231, F.S.; authorizing the department or

30         the state attorney to file an affidavit

31         alleging violation of a probation of

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         postcommitment probation program; requiring the

 2         state attorney to represent the state in any

 3         hearing on such alleged violation; providing

 4         for quarterly, rather than monthly, treatment

 5         reports; authorizing the use of telephone or

 6         video teleconference to facilitate the

 7         appearance of a child at certain hearings;

 8         conforming provisions relating to jurisdiction;

 9         providing an effective date.

10  

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

12  

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

14  287.042, Florida Statutes, is amended to read:

15         287.042  Powers, duties, and functions.--The department

16  shall have the following powers, duties, and functions:

17         (2)(a)  To establish purchasing agreements and procure

18  state term contracts for commodities and contractual services,

19  pursuant to s. 287.057, under which state agencies shall, and

20  eligible users may, make purchases pursuant to s. 287.056. The

21  department may restrict purchases from some term contracts to

22  state agencies only for those term contracts where the

23  inclusion of other governmental entities will have an adverse

24  effect on competition or to those federal facilities located

25  in this state. In such planning or purchasing the Office of

26  Supplier Diversity may monitor to ensure that opportunities

27  are afforded for contracting with minority business

28  enterprises. The department, for state term contracts, and all

29  agencies, for multiyear contractual services or term

30  contracts, shall explore reasonable and economical means to

31  utilize certified minority business enterprises. Purchases by

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  any county, municipality, private nonprofit community

 2  transportation coordinator designated pursuant to chapter 427,

 3  while conducting business related solely to the Commission for

 4  the Transportation Disadvantaged, purchases by a contracted

 5  provider organization acting as an agent for the Department of

 6  Juvenile Justice while conducting business related solely to

 7  the provision of services to juveniles under chapters 984 and

 8  985, purchases by any or other local public agency under the

 9  provisions in the state purchasing contracts, and purchases,

10  from the corporation operating the correctional work programs,

11  of products or services that are subject to paragraph (1)(f),

12  are exempt from the competitive solicitation requirements

13  otherwise applying to their purchases.

14         Section 2.  Subsection (8) of section 790.22, Florida

15  Statutes, is amended to read:

16         790.22  Use of BB guns, air or gas-operated guns, or

17  electric weapons or devices by minor under 16; limitation;

18  possession of firearms by minor under 18 prohibited;

19  penalties.--

20         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

21  minor under 18 years of age is charged with an offense that

22  involves the use or possession of a firearm, as defined in s.

23  790.001, including a violation of subsection (3), or is

24  charged for any offense during the commission of which the

25  minor possessed a firearm, the minor shall be detained in

26  secure detention, unless the state attorney authorizes the

27  release of the minor, and shall be given a hearing within 24

28  hours after being taken into custody. At the hearing, the

29  court may order that the minor continue to be held in secure

30  detention in accordance with the applicable time periods

31  specified in s. 985.215(5), if the court finds that the minor

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  meets the criteria specified in s. 985.215(2), or if the court

 2  finds by clear and convincing evidence that the minor is a

 3  clear and present danger to himself or herself or the

 4  community. The Department of Juvenile Justice shall prepare a

 5  form for all minors charged under this subsection that states

 6  the period of detention and the relevant demographic

 7  information, including, but not limited to, the sex, age, and

 8  race of the minor; whether or not the minor was represented by

 9  private counsel or a public defender; the current offense; and

10  the minor's complete prior record, including any pending

11  cases. The form shall be provided to the judge to be

12  considered when determining whether the minor should be

13  continued in secure detention under this subsection. An order

14  placing a minor in secure detention because the minor is a

15  clear and present danger to himself or herself or the

16  community must be in writing, must specify the need for

17  detention and the benefits derived by the minor or the

18  community by placing the minor in secure detention, and must

19  include a copy of the form provided by the department. The

20  Department of Juvenile Justice must send the form, including a

21  copy of any order, without client-identifying information, to

22  the Office of Economic and Demographic Research.

23         Section 3.  Subsection (3) of section 984.06, Florida

24  Statutes, is amended to read:

25         984.06  Oaths, records, and confidential information.--

26         (3)  The clerk shall keep all court records required by

27  this chapter separate from other records of the circuit court.

28  All court records required by this chapter are not open to

29  inspection by the public. All such records shall may be

30  inspected only upon order of the court by persons a person

31  deemed by the court to have a proper interest therein, except

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  that, subject to the provisions of s. 63.162, a child and the

 2  parents or legal custodians of the child and their attorneys,

 3  the guardian ad litem, if one has been appointed for the

 4  child, law enforcement agencies, and the department and its

 5  designees have the right to may inspect and copy any official

 6  record pertaining to the child. The court may permit

 7  authorized representatives of recognized organizations

 8  compiling statistics for proper purposes to inspect and make

 9  abstracts from official records, under whatever conditions

10  upon their use and disposition the court may deem deems

11  proper, and may punish by contempt proceedings any violation

12  of those conditions.

13         Section 4.  Subsection (4) of section 985.201, Florida

14  Statutes, is amended to read:

15         985.201  Jurisdiction.--

16         (4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23,

17  and 985.231, and except as provided in ss. 985.31 and 985.313,

18  when the jurisdiction of any child who is alleged to have

19  committed a delinquent act or violation of law is obtained,

20  the court shall retain jurisdiction, unless relinquished by

21  its order, until the child reaches 19 years of age, with the

22  same power over the child that the court had prior to the

23  child becoming an adult. The court may continue to retain

24  jurisdiction of the child beyond the child's 19th birthday in

25  accordance with the following:

26         (b)1.  The court may retain jurisdiction over a child

27  committed to the department for placement in a juvenile prison

28  or in a high-risk or maximum-risk residential commitment

29  program to allow the child to participate in a juvenile

30  conditional release program pursuant to s. 985.316. In no case

31  shall the jurisdiction of the court be retained beyond the

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  child's 22nd birthday. However, if the child is not successful

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

 3  transfer procedure under s. 985.404.

 4         2.  The court may retain jurisdiction over a child

 5  committed to the department for placement in an intensive

 6  residential treatment program for offenders less than 13 years

 7  of age 10-year-old to 13-year-old offenders, in the

 8  residential commitment program in a juvenile prison, in a

 9  residential sex offender program, or in a program for serious

10  or habitual juvenile offenders as provided in s. 985.311 or s.

11  985.31 until the child reaches the age of 21. The court may

12  retain such jurisdiction solely for the purpose of allowing

13  the child to complete such program. If the court exercises

14  this jurisdiction retention, it shall do so solely for the

15  purpose of the child completing the intensive residential

16  treatment program for 10-year-old to 13-year-old offenders, in

17  the residential commitment program in a juvenile prison, in a

18  residential sex offender program, or the program for serious

19  or habitual juvenile offenders. Such jurisdiction retention

20  does not apply for other programs, other purposes, or new

21  offenses.

22         (b)(c)  The court may retain jurisdiction over a child

23  and the child's parent or legal guardian whom the court has

24  ordered to pay restitution until the restitution order is

25  satisfied or until the court orders otherwise. If the court

26  retains such jurisdiction after the date upon which the

27  court's jurisdiction would cease under this section, it shall

28  do so solely for the purpose of enforcing the restitution

29  order. The terms of the restitution order are subject to the

30  provisions of s. 775.089(5).

31  

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (c)(d)  This subsection does not prevent the exercise

 2  of jurisdiction by any court having jurisdiction of the child

 3  if the child, after becoming an adult, commits a violation of

 4  law.

 5         Section 5.  Subsection (1) of section 985.2075, Florida

 6  Statutes, is amended, and subsection (4) is added to that

 7  section, to read:

 8         985.2075  Youth custody officer.--

 9         (1)  There is created within the Department of Juvenile

10  Justice the position of youth custody officer. The duties of

11  each youth custody officer shall be to take youth into custody

12  if the officer has probable cause to believe that the youth

13  has violated the conditions of probation, home detention,

14  conditional release, or postcommitment probation, has

15  absconded supervision of the department, has escaped from a

16  department facility, or has failed to appear in court after

17  being properly noticed. The authority of the youth custody

18  officer to take youth into custody is specifically limited to

19  this purpose.

20         (4)  A youth custody officer who, while in the

21  performance of his or her duties, takes a youth into custody

22  for any reason specified in subsection (1) and has probable

23  cause to believe that the youth committed a crime during the

24  course of, or subsequent to, being taken into custody must

25  file the appropriate petitions and gather any evidence for

26  prosecution in a court of law.

27         Section 6.  Subsection (2) of section 985.213, Florida

28  Statutes, is amended to read:

29         985.213  Use of detention.--

30         (2)(a)  All determinations and court orders regarding

31  placement of a child into detention care shall comply with all

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  requirements and criteria provided in this part and shall be

 2  based on a risk assessment of the child, unless the child is

 3  placed into detention care as provided in subparagraph (b)3.

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

 5  care placement determinations and orders shall be developed by

 6  the Department of Juvenile Justice in agreement with

 7  representatives appointed by the following associations: the

 8  Conference of Circuit Judges of Florida, the Prosecuting

 9  Attorneys Association, the Public Defenders Association, the

10  Florida Sheriffs Association, and the Florida Association of

11  Chiefs of Police. Each association shall appoint two

12  individuals, one representing an urban area and one

13  representing a rural area. The parties involved shall evaluate

14  and revise the risk assessment instrument as is considered

15  necessary using the method for revision as agreed by the

16  parties. The risk assessment instrument shall take into

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

18  failure to appear, prior offenses, offenses committed pending

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

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

21  probation status at the time the child is taken into custody.

22  The risk assessment instrument shall also take into

23  consideration appropriate aggravating and mitigating

24  circumstances, and shall be designed to target a narrower

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

26  instrument shall also include any information concerning the

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

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

29  detention care is warranted, whether the child should be

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

31  

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




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

 2  material error in the scoring of the risk assessment

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

 4  accuracy.

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

 6  of domestic violence as defined in s. 741.28 and who does not

 7  meet detention criteria may be held in secure detention if the

 8  court makes specific written findings that:

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

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

11  detention in order to protect the victim from injury.

12  

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

14  subparagraph for more than 48 hours unless ordered by the

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

16  state attorney or victim requests that secure detention be

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

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

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

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

21  limits set forth in s. 985.215.

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

23  department through probation, home detention, nonsecure

24  detention, conditional release, postcommitment probation, or

25  commitment and who is charged with committing a new offense,

26  the risk assessment instrument may be completed and scored

27  based on the underlying charge for which the child was placed

28  under the supervision of the department and the new offense.

29         (c)  The child may appear by telephone or video

30  teleconference at any court hearing required by this

31  paragraph.

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         Section 7.  Section 985.215, Florida Statutes, is

 2  amended to read:

 3         985.215  Detention.--

 4         (1)  The juvenile probation officer shall receive

 5  custody of a child who has been taken into custody from the

 6  law enforcement agency and shall review the facts in the law

 7  enforcement report or probable cause affidavit and make such

 8  further inquiry as may be necessary to determine whether

 9  detention care is required.

10         (a)  During the period of time from the taking of the

11  child into custody to the date of the detention hearing, the

12  initial decision as to the child's placement into secure

13  detention care, nonsecure detention care, or home detention

14  care shall be made by the juvenile probation officer pursuant

15  to ss. 985.213 and 985.214.

16         (b)  The juvenile probation officer shall base the

17  decision whether or not to place the child into secure

18  detention care, home detention care, or nonsecure detention

19  care on an assessment of risk in accordance with the risk

20  assessment instrument and procedures developed by the

21  Department of Juvenile Justice under s. 985.213. However, a

22  child charged with possessing or discharging a firearm on

23  school property in violation of s. 790.115 shall be placed in

24  secure detention care.

25         (c)  If the juvenile probation officer determines that

26  a child who is eligible for detention based upon the results

27  of the risk assessment instrument should be released, the

28  juvenile probation officer shall contact the state attorney,

29  who may authorize release. If detention is not authorized, the

30  child may be released by the juvenile probation officer in

31  accordance with s. 985.211.

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  

 2  Under no circumstances shall the juvenile probation officer or

 3  the state attorney or law enforcement officer authorize the

 4  detention of any child in a jail or other facility intended or

 5  used for the detention of adults, without an order of the

 6  court.

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

 8  child taken into custody and placed into nonsecure or home

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

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

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

12  absconder from a commitment program, a probation program, or

13  conditional release supervision, or is alleged to have escaped

14  while being lawfully transported to or from such program or

15  supervision.

16         (b)  The child is wanted in another jurisdiction for an

17  offense which, if committed by an adult, would be a felony.

18         (c)  The child is charged with a delinquent act or

19  violation of law and requests in writing through legal counsel

20  to be detained for protection from an imminent physical threat

21  to his or her personal safety.

22         (d)  The child is charged with committing an offense of

23  domestic violence as defined in s. 741.28 and is detained as

24  provided in s. 985.213(2)(b)3.

25         (e)  The child is charged with possession or

26  discharging a firearm on school property in violation of s.

27  790.115.

28         (f)  The child is charged with a capital felony, a life

29  felony, a felony of the first degree, a felony of the second

30  degree that does not involve a violation of chapter 893, or a

31  felony of the third degree that is also a crime of violence,

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  including any such offense involving the use or possession of

 2  a firearm.

 3         (g)  The child is charged with any second degree or

 4  third degree felony involving a violation of chapter 893 or

 5  any third degree felony that is not also a crime of violence,

 6  and the child:

 7         1.  Has a record of failure to appear at court hearings

 8  after being properly notified in accordance with the Rules of

 9  Juvenile Procedure;

10         2.  Has a record of law violations prior to court

11  hearings;

12         3.  Has already been detained or has been released and

13  is awaiting final disposition of the case;

14         4.  Has a record of violent conduct resulting in

15  physical injury to others; or

16         5.  Is found to have been in possession of a firearm.

17         (h)  The child is alleged to have violated the

18  conditions of the child's probation or conditional release

19  supervision. However, a child detained under this paragraph

20  may be held only in a consequence unit as provided in s.

21  985.231(1)(a)1.c. If a consequence unit is not available, the

22  child shall be placed on home detention with electronic

23  monitoring.

24         (i)  The child is detained on a judicial order for

25  failure to appear and has previously willfully failed to

26  appear, after proper notice, for an adjudicatory hearing on

27  the same case regardless of the results of the risk assessment

28  instrument. A child may be held in secure detention for up to

29  72 hours in advance of the next scheduled court hearing

30  pursuant to this paragraph. The child's failure to keep the

31  clerk of court and defense counsel informed of a current and

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  valid mailing address where the child will receive notice to

 2  appear at court proceedings does not provide an adequate

 3  ground for excusal of the child's nonappearance at the

 4  hearings.

 5         (j)  The child is detained on a judicial order for

 6  failure to appear and has previously willfully failed to

 7  appear, after proper notice, at two or more court hearings of

 8  any nature on the same case regardless of the results of the

 9  risk assessment instrument. A child may be held in secure

10  detention for up to 72 hours in advance of the next scheduled

11  court hearing pursuant to this paragraph. The child's failure

12  to keep the clerk of court and defense counsel informed of a

13  current and valid mailing address where the child will receive

14  notice to appear at court proceedings does not provide an

15  adequate ground for excusal of the child's nonappearance at

16  the hearings.

17  

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

19  be detained pursuant to this subsection shall be given a

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

21  purpose of the detention hearing is to determine the existence

22  of probable cause that the child has committed the delinquent

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

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

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

26  the results of the risk assessment performed by the juvenile

27  probation officer and, based on the criteria in this

28  subsection, shall determine the need for continued detention.

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

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

31  subsection. If the court orders a placement more restrictive

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  than indicated by the results of the risk assessment

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

 3  convincing reasons for such placement. Except as provided in

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

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

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

 7  respite home or other placement pursuant to a court order

 8  following a hearing, the court order must include specific

 9  instructions that direct the release of the child from such

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

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

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

13  unless the requirements of such applicable provision have been

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

15  paragraph (5)(f).

16         (3)  Except in emergency situations, a child may not be

17  placed into or transported in any police car or similar

18  vehicle that at the same time contains an adult under arrest,

19  unless the adult is alleged or believed to be involved in the

20  same offense or transaction as the child.

21         (4)  The court shall order the delivery of a child to a

22  jail or other facility intended or used for the detention of

23  adults:

24         (a)  When the child has been transferred or indicted

25  for criminal prosecution as an adult pursuant to this part,

26  except that the court may not order or allow a child alleged

27  to have committed a misdemeanor who is being transferred for

28  criminal prosecution pursuant to either s. 985.226 or s.

29  985.227 to be detained or held in a jail or other facility

30  intended or used for the detention of adults; however, such

31  child may be held temporarily in a detention facility; or

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (b)  When a child taken into custody in this state is

 2  wanted by another jurisdiction for prosecution as an adult.

 3  

 4  The child shall be housed separately from adult inmates to

 5  prohibit a child from having regular contact with incarcerated

 6  adults, including trustees. "Regular contact" means sight and

 7  sound contact. Separation of children from adults shall permit

 8  no more than haphazard or accidental contact. The receiving

 9  jail or other facility shall contain a separate section for

10  children and shall have an adequate staff to supervise and

11  monitor the child's activities at all times. Supervision and

12  monitoring of children includes physical observation and

13  documented checks by jail or receiving facility supervisory

14  personnel at intervals not to exceed 15 minutes. This

15  paragraph does not prohibit placing two or more children in

16  the same cell. Under no circumstances shall a child be placed

17  in the same cell with an adult.

18         (5)(a)  A child may not be placed into or held in

19  secure, nonsecure, or home detention care for longer than 24

20  hours unless the court orders such detention care, and the

21  order includes specific instructions that direct the release

22  of the child from such detention care, in accordance with

23  subsection (2). The order shall be a final order, reviewable

24  by appeal pursuant to s. 985.234 and the Florida Rules of

25  Appellate Procedure. Appeals of such orders shall take

26  precedence over other appeals and other pending matters.

27         (b)  The arresting law enforcement agency shall

28  complete and present its investigation of an offense under

29  this subsection to the appropriate state attorney's office

30  within 8 days after placement of the child in secure

31  detention. The investigation shall include, but is not limited

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  to, police reports and supplemental police reports, witness

 2  statements, and evidence collection documents. The failure of

 3  a law enforcement agency to complete and present its

 4  investigation within 8 days shall not entitle a juvenile to be

 5  released from secure detention or to a dismissal of any

 6  charges.

 7         (c)  Except as provided in paragraph (g), a child may

 8  not be held in secure, nonsecure, or home detention care under

 9  a special detention order for more than 21 days unless an

10  adjudicatory hearing for the case has been commenced in good

11  faith by the court.

12         (d)  Except as provided in paragraph (g), a child may

13  not be held in secure, nonsecure, or home detention care for

14  more than 15 days following the entry of an order of

15  adjudication.

16         (e)  A child who was not in secure detention at the

17  time of the adjudicatory hearing, but for whom residential

18  commitment is anticipated or recommended, may be placed under

19  a special detention order for a period not to exceed 72 hours,

20  excluding weekends and legal holidays, for the purpose of

21  conducting a comprehensive evaluation as provided in s.

22  985.229(1). Motions for the issuance of such special detention

23  order may be made subsequent to a finding of delinquency. Upon

24  said motion, the court shall conduct a hearing to determine

25  the appropriateness of such special detention order and shall

26  order the least restrictive level of detention necessary to

27  complete the comprehensive evaluation process that is

28  consistent with public safety. Such special detention order

29  may be extended for an additional 72 hours upon further order

30  of the court.

31  

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (f)  The time limits in paragraphs (c) and (d) do not

 2  include periods of delay resulting from a continuance granted

 3  by the court for cause on motion of the child or his or her

 4  counsel or of the state. Upon the issuance of an order

 5  granting a continuance for cause on a motion by either the

 6  child, the child's counsel, or the state, the court shall

 7  conduct a hearing at the end of each 72-hour period, excluding

 8  Saturdays, Sundays, and legal holidays, to determine the need

 9  for continued detention of the child and the need for further

10  continuance of proceedings for the child or the state.

11         (g)  Upon good cause being shown that the nature of the

12  charge requires additional time for the prosecution or defense

13  of the case, the court may extend the time limits for

14  detention specified in paragraph (c) an additional 9 days if

15  the child is charged with an offense that would be, if

16  committed by an adult, a capital felony, a life felony, a

17  felony of the first degree, or a felony of the second degree

18  involving violence against any individual.

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

20  nonsecure, or home detention care or into other placement

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

22  court shall order the parents or guardians of such child to

23  pay to the Department of Juvenile Justice fees in the amount

24  of $5 per day that the child is under the care or supervision

25  of the department in order to partially offset the cost of the

26  care, support, maintenance, and other usual and ordinary

27  obligations of parents to provide for the needs of their

28  children, unless the court makes a finding on the record that

29  the parent or guardian of the child is indigent.

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

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

                                  17

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  any available information concerning the ability of the parent

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

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

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

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

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

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

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

 9  court makes a finding that such payment would constitute a

10  significant financial hardship. Such finding shall be in

11  writing and shall contain a detailed description of the facts

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

13  the finding of significant financial hardship.

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

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

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

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

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

19  cooperating in the investigation of the offense.

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

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

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

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

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

25  per day that the child remains in detention care.

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

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

28  adjudication is withheld, and whose parent or guardian

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

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

31  otherwise order the payments of the portion of the public

                                  18

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  assistance relating to that child to offset the costs of

 2  providing care, custody, maintenance, rehabilitation,

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

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

 5  order shall be delivered to the judge having jurisdiction of

 6  the guardianship estate.

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

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

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

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

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

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

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

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

15  money collected under this section to the state Grants and

16  Donations Trust Fund.

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

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

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

20  identification card number and sufficient financial

21  information for the department to be able to determine the

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

23  guardian refuses to provide the department with any

24  identifying information or financial information, the court

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

26  court sanctions for failure to comply.

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

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

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

30  registered and in good standing under chapter 559. The

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

                                  19

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  amount collected under the claim or may authorize the agency

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

 3  may also pay for collection services from available authorized

 4  funds.

 5         (i)  The department may enter into agreements with

 6  parents or guardians to establish a schedule of periodic

 7  payments if payment of the obligation in full presents an

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

 9  interest consistent with prevailing loan rates.

10         (j)  The Department of Juvenile Justice shall provide

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

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

13  payments received by the department pursuant to this

14  subsection shall be deposited in the state Grants and

15  Donations Trust Fund. Neither the court nor the department may

16  extend the child's length of stay in detention care solely for

17  the purpose of collecting fees.

18         (7)  If a child is detained and a petition for

19  delinquency is filed, the child shall be arraigned in

20  accordance with the Florida Rules of Juvenile Procedure within

21  48 hours after the filing of the petition for delinquency.

22         (8)  If a child is detained pursuant to this section,

23  the Department of Juvenile Justice may transfer the child from

24  nonsecure or home detention care to secure detention care only

25  if significantly changed circumstances warrant such transfer.

26         (9)  If a child is on release status and not detained

27  pursuant to this section, the child may be placed into secure,

28  nonsecure, or home detention care only pursuant to a court

29  hearing in which the original risk assessment instrument,

30  rescored based on newly discovered evidence or changed

31  

                                  20

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  circumstances with the results recommending detention, is

 2  introduced into evidence.

 3         (10)(a)1.  When a child is committed to the Department

 4  of Juvenile Justice awaiting dispositional placement, removal

 5  of the child from detention care shall occur within 5 days,

 6  excluding Saturdays, Sundays, and legal holidays. Any child

 7  held in secure detention during the 5 days must meet detention

 8  admission criteria pursuant to this section. If the child is

 9  committed to a moderate-risk residential program, the

10  department may seek an order from the court authorizing

11  continued detention for a specific period of time necessary

12  for the appropriate residential placement of the child.

13  However, such continued detention in secure detention care may

14  not exceed 15 days after commitment, excluding Saturdays,

15  Sundays, and legal holidays, and except as otherwise provided

16  in this subsection.

17         2.  The court must place all children who are

18  adjudicated and awaiting placement in a residential commitment

19  program in detention care. Children who are in home detention

20  care or nonsecure detention care may be placed on electronic

21  monitoring.

22         (b)  A child who is placed in home detention care,

23  nonsecure detention care, or home or nonsecure detention care

24  with electronic monitoring, while awaiting placement in a

25  low-risk or moderate-risk program, may be held in secure

26  detention care for 5 days, if the child violates the

27  conditions of the home detention care, the nonsecure detention

28  care, or the electronic monitoring agreement. For any

29  subsequent violation, the court may impose an additional 5

30  days in secure detention care.

31  

                                  21

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (c)  If the child is committed to a high-risk

 2  residential program, the child must be held in detention care

 3  until placement or commitment is accomplished.

 4         (d)  If the child is committed to a maximum-risk

 5  residential program, the child must be held in detention care

 6  until placement or commitment is accomplished.

 7         (e)  Upon specific appropriation, the department may

 8  obtain comprehensive evaluations, including, but not limited

 9  to, medical, academic, psychological, behavioral,

10  sociological, and vocational needs of a youth with multiple

11  arrests for all level criminal acts or a youth committed to a

12  minimum-risk or low-risk commitment program.

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

14  transported by the department to a commitment facility of the

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

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

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

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

19         (11)(a)  When a juvenile sexual offender is placed in

20  detention, detention staff shall provide appropriate

21  monitoring and supervision to ensure the safety of other

22  children in the facility.

23         (b)  When a juvenile sexual offender, pursuant to this

24  subsection, is released from detention or transferred to home

25  detention or nonsecure detention, detention staff shall

26  immediately notify the appropriate law enforcement agency and

27  school personnel.

28         (12)  The child may appear by telephone or video

29  teleconference at any court hearing required by this section.

30         Section 8.  Section 985.231, Florida Statutes, is

31  amended, to read:

                                  22

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         985.231  Powers of disposition in delinquency cases.--

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

 3  adjudicated delinquent child may, by an order stating the

 4  facts upon which a determination of a sanction and

 5  rehabilitative program was made at the disposition hearing:

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

 7  postcommitment probation program under the supervision of an

 8  authorized agent of the Department of Juvenile Justice or of

 9  any other person or agency specifically authorized and

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

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

12  place under such reasonable conditions as the court may

13  direct. A probation program for an adjudicated delinquent

14  child must include a penalty component such as restitution in

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

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

17  nonresidential punishment appropriate to the offense and must

18  also include a rehabilitative program component such as a

19  requirement of participation in substance abuse treatment or

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

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

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

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

24  court placement order shall include a finding pursuant to the

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

26  recommendation of the department at the time of disposition,

27  or subsequent to disposition pursuant to the filing of a

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

29  postcommitment probation, the court may order the child to

30  submit to random testing for the purpose of detecting and

31  monitoring the use of alcohol or controlled substances.

                                  23

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         a.  A restrictiveness level classification scale for

 2  levels of supervision shall be provided by the department,

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

 4  probation supervision requirements to reasonably ensure the

 5  public safety. Probation programs for children shall be

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

 7  specifically authorized by the court. These programs must

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

 9  activities as described in this subparagraph, and shall be

10  designed to encourage the child toward acceptable and

11  functional social behavior. If supervision or a program of

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

13  such supervision or program must be consistent with any

14  treatment and rehabilitation needs identified for the child

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

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

17  that the duration of such supervision or program for an

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

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

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

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

22  the child and the parent or guardian could reasonably be

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

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

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

26         b.  The court may conduct judicial review hearings for

27  a child placed on probation for the purpose of fostering

28  accountability to the judge and compliance with other

29  requirements, such as restitution and community service. The

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

31  

                                  24

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  has substantially complied with the terms and conditions of

 2  probation.

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

 4  postcommitment probation program are violated, the department

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

 6  an affidavit a petition alleging a violation of the program.

 7  The state attorney shall represent the state in any hearing on

 8  the violation. Any child who violates the conditions of

 9  probation or postcommitment probation must be brought before

10  the court if sanctions are sought. A child taken into custody

11  under s. 985.207 for violating the conditions of probation or

12  postcommitment probation shall be held in a consequence unit

13  if such a unit is available. The child shall be afforded a

14  hearing within 24 hours after being taken into custody to

15  determine the existence of probable cause that the child

16  violated the conditions of probation or postcommitment

17  probation. A consequence unit is a secure facility

18  specifically designated by the department for children who are

19  taken into custody under s. 985.207 for violating probation or

20  postcommitment probation, or who have been found by the court

21  to have violated the conditions of probation or postcommitment

22  probation. If the violation involves a new charge of

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

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

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

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

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

28  985.215. If the child denies violating the conditions of

29  probation or postcommitment probation, the court shall appoint

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

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

                                  25

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  that the child has violated the conditions of probation or

 2  postcommitment probation, the court shall enter an order

 3  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

 8  is found to have violated the conditions of probation or

 9  postcommitment probation, the court may:

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

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

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

13  violation.

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

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

16  residential consequence unit is not available.

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

18  or postcommitment probation program.

19         (IV)  Revoke probation or postcommitment probation and

20  commit the child to the department.

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

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

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

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

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

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

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

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

29  center or facility or shelter.

30         3.  Commit the child to the Department of Juvenile

31  Justice at a residential commitment level defined in s.

                                  26

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  985.03. Such commitment must be for the purpose of exercising

 2  active control over the child, including, but not limited to,

 3  custody, care, training, urine monitoring, and treatment of

 4  the child and release of the child into the community in a

 5  postcommitment nonresidential conditional release program. If

 6  the child is eligible to attend public school following

 7  residential commitment and the court finds that the victim or

 8  a sibling of the victim in the case is or may be attending the

 9  same school as the child, the commitment order shall include a

10  finding pursuant to the proceedings described in s.

11  985.23(1)(d). If the child is not successful in the

12  conditional release program, the department may use the

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

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

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

16  by the department or until he or she reaches the age of 19,

17  except as provided in s. 985.201 21.

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

19  child.

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

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

22  child, to render community service in a public service

23  program.

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

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

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

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

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

29  restitution in money, through a promissory note cosigned by

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

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

                                  27

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




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

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

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

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

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

 6  clerk as a result of receiving and dispensing restitution

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

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

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

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

11  guardian has made diligent and good faith efforts to prevent

12  the child from engaging in delinquent acts absolves the parent

13  or guardian of liability for restitution under this

14  subparagraph.

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

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

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

18  an alternative to monetary restitution or as part of the

19  rehabilitative or probation program.

20         8.  Commit the child to the Department of Juvenile

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

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

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

24  habitual juvenile offenders must be for an indeterminate

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

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

27  The court may retain jurisdiction over such child until the

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

29  the child completing the program.

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

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

                                  28

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




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

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

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

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

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

 6  shall determine a reasonable amount or manner of restitution,

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

 8  provided in subparagraph 6.

 9         10.  Subject to specific appropriation, commit the

10  juvenile sexual offender to the Department of Juvenile Justice

11  for placement in a program or facility for juvenile sexual

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

13  juvenile sexual offender to a program or facility for juvenile

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

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

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

17  retain jurisdiction over a juvenile sexual offender until the

18  juvenile sexual offender reaches the age of 21, specifically

19  for the purpose of completing the program.

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

21  have committed a delinquent act and temporary legal custody of

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

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

24  the parents of such child to pay fees to the department in the

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

26  supervision of the department in order to partially offset the

27  cost of the care, support, maintenance, and other usual and

28  ordinary obligations of parents to provide for the needs of

29  their children while in the recommended residential commitment

30  level, unless the court makes a finding on the record that the

31  parent or guardian of the child is indigent.

                                  29

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         2.  No later than the disposition hearing, the

 2  department shall provide the court with information concerning

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

 4  in the recommended residential commitment level and concerning

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

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

 7  guardianship shall pay to the department a nominal subsistence

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

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

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

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

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

13  would constitute a significant financial hardship. Such

14  finding shall be in writing and shall contain a detailed

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

16  finding of indigency and the finding of significant financial

17  hardship.

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

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

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

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

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

23  parent or guardian has cooperated in the investigation and

24  prosecution of the offense.

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  the care, support, and maintenance of the child. With regard

                                  30

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  to a child who reaches the age of 18 prior to the disposition

 2  hearing, the court may elect to direct an order required by

 3  this paragraph to such child, rather than the parent or

 4  guardian. With regard to a child who reaches the age of 18

 5  while in the custody of the department, the court may, upon

 6  proper motion of any party, hold a hearing as to whether any

 7  party should be further obligated respecting the payment of

 8  fees. When the order affects the guardianship estate, a

 9  certified copy of the order shall be delivered to the judge

10  having jurisdiction of the guardianship estate.

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

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

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

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

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

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

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

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

19  money collected under this section to the state Grants and

20  Donations Trust Fund.

21         6.  The parent or guardian shall provide to the

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

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

24  or identification card number and sufficient financial

25  information for the department to be able to determine the

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

27  refuses to provide the department with any identifying

28  information or financial information, the court shall order

29  the parent to comply and may pursue contempt of court

30  sanctions for failure to comply.

31  

                                  31

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         7.  The department may employ a collection agency for

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

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

 4  registered and in good standing under chapter 559. The

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

 6  amount collected under the claim or may authorize the agency

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

 8  may also pay for collection services from available authorized

 9  funds.

10         8.  The department may enter into agreements with

11  parents or guardians to establish a schedule of periodic

12  payments if payment of the obligation in full presents an

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

14  interests consistent with prevailing loan rates.

15         9.  The Department of Juvenile Justice shall provide to

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

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

18  payments received by the department pursuant to this

19  subsection shall be deposited in the state Grants and

20  Donations Trust Fund.

21         10.  Neither the court nor the department may extend

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

23  purpose of collecting fees.

24         (c)  Any order made pursuant to paragraph (a) shall be

25  in writing as prepared by the clerk of court and may

26  thereafter be modified or set aside by the court.

27         (d)  Any commitment of a delinquent child to the

28  Department of Juvenile Justice must be for an indeterminate

29  period of time, which may include periods of temporary

30  release, but the time may not exceed the maximum term of

31  imprisonment that an adult may serve for the same offense. The

                                  32

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  duration of the child's placement in a residential commitment

 2  program of any level shall be based on objective

 3  performance-based treatment planning. The child's treatment

 4  plan progress and adjustment-related issues shall be reported

 5  to the court quarterly, unless the court requests more

 6  frequent reports each month. The child's length of stay in a

 7  residential commitment program may be extended if the child

 8  fails to comply with or participate in treatment activities.

 9  The child's length of stay in such program shall not be

10  extended for purposes of sanction or punishment. Any temporary

11  release from such program must be approved by the court. Any

12  child so committed may be discharged from institutional

13  confinement or a program upon the direction of the department

14  with the concurrence of the court. The child's treatment plan

15  progress and adjustment-related issues must be communicated to

16  the court at the time the department requests the court to

17  consider releasing the child from the residential commitment

18  program. Notwithstanding s. 743.07 and this subsection, and

19  except as provided in ss. 985.201 and 985.31, a child may not

20  be held under a commitment from a court pursuant to this

21  section after becoming 21 years of age. The department shall

22  give the court that committed the child to the department

23  reasonable notice, in writing, of its desire to discharge the

24  child from a commitment facility. The court that committed the

25  child may thereafter accept or reject the request. If the

26  court does not respond within 10 days after receipt of the

27  notice, the request of the department shall be deemed granted.

28  This section does not limit the department's authority to

29  revoke a child's temporary release status and return the child

30  to a commitment facility for any violation of the terms and

31  conditions of the temporary release.

                                  33

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (e)  In carrying out the provisions of this part, the

 2  court may order the natural parents or legal custodian or

 3  guardian of a child who is found to have committed a

 4  delinquent act to participate in family counseling and other

 5  professional counseling activities deemed necessary for the

 6  rehabilitation of the child or to enhance their ability to

 7  provide the child with adequate support, guidance, and

 8  supervision. The court may also order that the parent,

 9  custodian, or guardian support the child and participate with

10  the child in fulfilling a court-imposed sanction. In addition,

11  the court may use its contempt powers to enforce a

12  court-imposed sanction.

13         (f)  The court may at any time enter an order ending

14  its jurisdiction over any child.

15         (g)  Whenever a child is required by the court to

16  participate in any work program under this part or whenever a

17  child volunteers to work in a specified state, county,

18  municipal, or community service organization supervised work

19  program or to work for the victim, either as an alternative to

20  monetary restitution or as a part of the rehabilitative or

21  probation program, the child is an employee of the state for

22  the purposes of liability. In determining the child's average

23  weekly wage unless otherwise determined by a specific funding

24  program, all remuneration received from the employer is a

25  gratuity, and the child is not entitled to any benefits

26  otherwise payable under s. 440.15, regardless of whether the

27  child may be receiving wages and remuneration from other

28  employment with another employer and regardless of the child's

29  future wage-earning capacity.

30         (h)  The court may, upon motion of the child or upon

31  its own motion, within 60 days after imposition of a

                                  34

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  disposition of commitment, suspend the further execution of

 2  the disposition and place the child in a probation program

 3  upon such terms and conditions as the court may require. The

 4  department shall forward to the court all relevant material on

 5  the child's progress while in custody not later than 3 working

 6  days prior to the hearing on the motion to suspend the

 7  disposition.

 8         (i)  The nonconsent of the child to commitment or

 9  treatment in a substance abuse treatment program in no way

10  precludes the court from ordering such commitment or

11  treatment.

12         (j)  If the offense committed by the child was grand

13  theft of a motor vehicle, the court:

14         1.  Upon a first adjudication for a grand theft of a

15  motor vehicle, may place the youth in a boot camp, unless the

16  child is ineligible pursuant to s. 985.309, and shall order

17  the youth to complete a minimum of 50 hours of community

18  service.

19         2.  Upon a second adjudication for grand theft of a

20  motor vehicle which is separate and unrelated to the previous

21  adjudication, may place the youth in a boot camp, unless the

22  child is ineligible pursuant to s. 985.309, and shall order

23  the youth to complete a minimum of 100 hours of community

24  service.

25         3.  Upon a third adjudication for grand theft of a

26  motor vehicle which is separate and unrelated to the previous

27  adjudications, shall place the youth in a boot camp or other

28  treatment program, unless the child is ineligible pursuant to

29  s. 985.309, and shall order the youth to complete a minimum of

30  250 hours of community service.

31  

                                  35

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         (2)  Following a delinquency adjudicatory hearing

 2  pursuant to s. 985.228 and a delinquency disposition hearing

 3  pursuant to s. 985.23 which results in a commitment

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

 5  the state or the department, determine whether the protection

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

 7  for serious or habitual juvenile offenders and whether the

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

 9  program for serious or habitual juvenile offenders as provided

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

11  985.03(48) and 985.23(3).

12         (3)  Following a delinquency adjudicatory hearing

13  pursuant to s. 985.228, the court may on its own or upon

14  request by the state or the department and subject to specific

15  appropriation, determine whether a juvenile sexual offender

16  placement is required for the protection of the public and

17  what would be the best approach to address the treatment needs

18  of the juvenile sexual offender. When the court determines

19  that a juvenile has no history of a recent comprehensive

20  assessment focused on sexually deviant behavior, the court

21  may, subject to specific appropriation, order the department

22  to conduct or arrange for an examination to determine whether

23  the juvenile sexual offender is amenable to community-based

24  treatment.

25         (a)  The report of the examination shall include, at a

26  minimum, the following:

27         1.  The juvenile sexual offender's account of the

28  incident and the official report of the investigation.

29         2.  The juvenile sexual offender's offense history.

30  

31  

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         3.  A multidisciplinary assessment of the sexually

 2  deviant behaviors, including an assessment by a certified

 3  psychologist, therapist, or psychiatrist.

 4         4.  An assessment of the juvenile sexual offender's

 5  family, social, educational, and employment situation. The

 6  report shall set forth the sources of the evaluator's

 7  information.

 8         (b)  The report shall assess the juvenile sexual

 9  offender's amenability to treatment and relative risk to the

10  victim and the community.

11         (c)  The department shall provide a proposed plan to

12  the court that shall include, at a minimum:

13         1.  The frequency and type of contact between the

14  offender and therapist.

15         2.  The specific issues and behaviors to be addressed

16  in the treatment and description of planned treatment methods.

17         3.  Monitoring plans, including any requirements

18  regarding living conditions, school attendance and

19  participation, lifestyle, and monitoring by family members,

20  legal guardians, or others.

21         4.  Anticipated length of treatment.

22         5.  Recommended crime-related prohibitions and curfew.

23         6.  Reasonable restrictions on the contact between the

24  juvenile sexual offender and either the victim or alleged

25  victim.

26         (d)  After receipt of the report on the proposed plan

27  of treatment, the court shall consider whether the community

28  and the offender will benefit from use of juvenile sexual

29  offender community-based treatment alternative disposition and

30  consider the opinion of the victim or the victim's family as

31  

                                  37

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1  to whether the offender should receive a community-based

 2  treatment alternative disposition under this subsection.

 3         (e)  If the court determines that this juvenile sexual

 4  offender community-based treatment alternative is appropriate,

 5  the court may place the offender on community supervision for

 6  up to 3 years. As a condition of community treatment and

 7  supervision, the court may order the offender to:

 8         1.  Undergo available outpatient juvenile sexual

 9  offender treatment for up to 3 years. A program or provider

10  may not be used for such treatment unless it has an

11  appropriate program designed for sexual offender treatment.

12  The department shall not change the treatment provider without

13  first notifying the state attorney's office.

14         2.  Remain within described geographical boundaries and

15  notify the court or the department counselor prior to any

16  change in the offender's address, educational program, or

17  employment.

18         3.  Comply with all requirements of the treatment plan.

19         (f)  The juvenile sexual offender treatment provider

20  shall submit quarterly reports on the respondent's progress in

21  treatment to the court and the parties to the proceedings. The

22  juvenile sexual offender reports shall reference the treatment

23  plan and include, at a minimum, the following:

24         1.  Dates of attendance.

25         2.  The juvenile sexual offender's compliance with the

26  requirements of treatment.

27         3.  A description of the treatment activities.

28         4.  The sexual offender's relative progress in

29  treatment.

30         5.  The offender's family support of the treatment

31  objectives.

                                  38

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    Florida Senate - 2004                                  SB 1946
    4-1154-04                                           See HB 623




 1         6.  Any other material specified by the court at the

 2  time of the disposition.

 3         (g)  At the disposition hearing, the court may set case

 4  review hearings as the court considers appropriate.

 5         (h)  If the juvenile sexual offender violates any

 6  condition of the disposition or the court finds that the

 7  juvenile sexual offender is failing to make satisfactory

 8  progress in treatment, the court may revoke the

 9  community-based treatment alternative and order commitment to

10  the department pursuant to subsection (1).

11         (i)  If the court determines that the juvenile sexual

12  offender is not amenable to community-based treatment, the

13  court shall proceed with a juvenile sexual offender

14  disposition hearing pursuant to subsection (1).

15         (4)  The child may appear by telephone or video

16  teleconference at any court hearing required by this section

17  or otherwise related to treatment progress in the commitment

18  program.

19         Section 9.  This act shall take effect July 1, 2004.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  39

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