Senate Bill sb3078

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 3078

    By Senator Diaz de la Portilla





    36-2023-04                                         See HB 1817

  1                      A bill to be entitled

  2         An act relating to juvenile justice; providing

  3         for a parental involvement pilot project in

  4         Orange County; authorizing the Department of

  5         Juvenile Justice to allow certain parents to

  6         attend and participate in a course of parenting

  7         education classes in lieu of paying certain

  8         required fees associated with the cost of a

  9         child's care or supervision by the department;

10         limiting such authority to the 2004-2005 fiscal

11         year and to cases involving orders of the

12         circuit court in and for Orange County;

13         authorizing the department to develop a formula

14         for specifying the number of participation

15         hours in lieu of fees; requiring the department

16         to provide notification about the option to

17         participate in the pilot project; authorizing

18         the department to contract with a private or

19         public entity to provide parenting education

20         classes in certain circumstances; directing the

21         department to waive fees upon proof by the

22         parent of successful completion of the course

23         of parenting education classes; limiting the

24         amount of fees that may be waived; prohibiting

25         issuance of any order of the circuit court in

26         and for Orange County reducing or waiving the

27         required fees during the 2004-2005 fiscal year;

28         providing exceptions; requiring the department

29         to identify measurable outcomes for the pilot

30         project; requiring a report; providing

31         applicability; providing that the parent is

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    Florida Senate - 2004                                  SB 3078
    36-2023-04                                         See HB 1817




 1         responsible for costs associated with the

 2         parenting education classes; providing a

 3         definition; providing an effective date.

 4  

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

 6  

 7         Section 1.  Orange County Parental Involvement Pilot

 8  Project.--

 9         (1)  In accordance with the provisions of subsection

10  (4) and for the 2004-2005 fiscal year only, the Department of

11  Juvenile Justice is authorized to allow any parent who,

12  pursuant to an order of the circuit court in and for Orange

13  County, is subject to the provisions of section 985.215(6),

14  section 985.231(1)(b), or section 985.233(4)(d), Florida

15  Statutes, relating to the fees associated with the cost of a

16  child's care or supervision by the department, to attend and

17  participate in a course of parenting education classes which

18  is approved by the department in lieu of paying all or a

19  portion of such fees. The department is authorized to develop

20  a reasonable and uniform formula for specifying a number of

21  participation hours in lieu of the $5 per day fee.

22         (2)  The department shall notify parents who, pursuant

23  to an order of the circuit court in and for Orange County, are

24  obliged to pay fees associated with the cost of the child's

25  care or supervision by the department, of the option to

26  participate in the pilot project by attending and

27  participating in a course of parenting education classes. The

28  notification shall include a description of the course

29  contents and the number of participation hours that the parent

30  will be required to successfully complete in order to receive

31  a waiver of such fees pursuant to subsection (4).

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    Florida Senate - 2004                                  SB 3078
    36-2023-04                                         See HB 1817




 1         (a)  For any such order issued during the 2004-2005

 2  fiscal year, the department shall provide the notification as

 3  soon as is practicable after the issuance of the order.

 4         (b)  The department shall make reasonable efforts to

 5  provide the notification to parents who are the subject of

 6  such orders entered prior to the 2004-2005 fiscal year and who

 7  have a current or delinquent obligation to pay the required

 8  fees.

 9         (3)  If the Department of Juvenile Justice does not

10  already have such classes in place and available in Orange

11  County, the department may contract with a private or public

12  entity in Orange County to provide classes in parenting

13  education for purposes of the pilot project. The private or

14  public entity must have appropriate expertise in providing

15  parenting education.

16         (4)  Upon the parent providing proof to the department

17  of successful completion of the course of parenting education

18  classes, the department shall waive the costs associated with

19  the child's care or supervision by the department in

20  accordance with the formula described in subsection (1).

21  However, the value of the waiver may not exceed $450.

22         (5)  Notwithstanding the provisions of section

23  985.215(6), section 985.231(1)(b), or section 985.233(4)(d),

24  Florida Statutes, during the 2004-2005 fiscal year, no order

25  shall issue from the circuit court in and for Orange County

26  purporting to reduce or waive any required fees associated

27  with the cost of the child's care or supervision by the

28  department, except as provided in subsection (6).

29         (6)(a)  The court may reduce or waive such fees in

30  circumstances where the court makes a finding on the record

31  that the parent was the victim of the delinquent act or

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    Florida Senate - 2004                                  SB 3078
    36-2023-04                                         See HB 1817




 1  violation of law for which the child has been placed under the

 2  care or supervision of the department and that the parent is

 3  cooperating or has cooperated with the investigation of the

 4  act or violation.

 5         (b)  The court may authorize the parent to participate

 6  in a course of parenting education classes in lieu of paying

 7  all or a portion of the required fees, subject to the

 8  provisions of subsection (4). If the parent's obligation to

 9  pay fees exceeds $450, the court may reduce or waive the

10  remaining fees in accordance with the provisions of section

11  985.215(6), section 985.231(1)(b), or section 985.233(4)(d),

12  Florida Statutes, upon verification by the department that the

13  parent has successfully completed the course of parenting

14  education classes.

15         (7)  The department shall identify measurable outcomes

16  for the pilot project, including, but not limited to, the

17  following:

18         (a)  The number of parents who participate in parenting

19  education classes in lieu of paying the required fees.

20         (b)  The number of parents who successfully complete

21  such classes.

22         (c)  Whether any child of a participating parent is

23  referred to the department during the 2004-2005 fiscal year

24  subsequent to the referral associated with the parent's

25  initial participation in the parenting education classes.

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27  The department shall report these outcomes, together with the

28  outcomes of any other measures deemed appropriate, to the

29  Legislature and Governor by October 1, 2005. The report shall

30  also indicate the total amount of fees collected pursuant to

31  sections 985.215(6), 985.231(1)(b), and 985.233(4)(d), Florida

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 3078
    36-2023-04                                         See HB 1817




 1  Statutes, in Orange County during fiscal years 2003-2004 and

 2  2004-2005.

 3         (8)  This section shall not apply if there is a court

 4  order specifically prohibiting participation in lieu of

 5  payment. This section applies to any order or other obligation

 6  for the payment of fees as described in subsection (1) which

 7  is current or delinquent during the 2004-2005 fiscal year. It

 8  shall be the parent's responsibility to bear all costs

 9  associated with the parent's participation in the parenting

10  education classes. For purposes of this section, the term

11  "parent" means the mother, father, or legal guardian of a

12  child.

13         Section 2.  This act shall take effect July 1, 2004.

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