| 1 | A bill to be entitled | 
| 2 | An act relating to juvenile justice; amending s. 985.03, | 
| 3 | F.S.; redefining terms relating to juvenile justice; | 
| 4 | defining the term "day treatment"; creating the minimum- | 
| 5 | risk nonresidential restrictiveness level; permitting | 
| 6 | temporary release under specified conditions of youth | 
| 7 | committed to the high-risk residential restrictiveness | 
| 8 | level; amending ss. 985.207 and 985.208, F.S.; conforming | 
| 9 | changes relating to escape from a residential commitment | 
| 10 | facility; amending s. 985.231, F.S.; conforming provisions | 
| 11 | to changes in definitions; providing the maximum length | 
| 12 | for a minimum-risk nonresidential commitment for a second | 
| 13 | degree misdemeanor; providing that the Department of | 
| 14 | Juvenile Justice or a provider report quarterly to the | 
| 15 | court the child's treatment plan progress; amending s. | 
| 16 | 985.2311, F.S.; providing that parents shall pay fees for | 
| 17 | costs of supervision related to minimum-risk | 
| 18 | nonresidential commitment; amending s. 985.316, F.S.; | 
| 19 | providing for assessment of residentially committed youth | 
| 20 | for conditional release services; repealing s. 985.403, | 
| 21 | F.S., relating to the Task Force on Juvenile Sexual | 
| 22 | Offenders and their Victims; requiring the Department of | 
| 23 | Juvenile Justice to create a new task force on juvenile | 
| 24 | sexual offenders and their victims; providing powers and | 
| 25 | duties; providing membership; requiring a report; | 
| 26 | providing for administrative support; providing for | 
| 27 | dissolution of the task force; requiring the department to | 
| 28 | establish a task force to study the certification of | 
| 29 | professional staff working for a provider of juvenile | 
| 30 | justice services; providing for membership; requiring the | 
| 31 | task force to consider the feasibility of implementing and | 
| 32 | operating a certification system for professional staff; | 
| 33 | requiring the task force to consider certain specified | 
| 34 | issues; directing the task force to recommend a process | 
| 35 | for testing and validating the effectiveness of the | 
| 36 | recommended staff development system; requiring the task | 
| 37 | force to prepare a report of its deliberations and | 
| 38 | recommendations and to submit the report by a specified | 
| 39 | date; providing for administrative support; providing for | 
| 40 | dissolution of the task force; amending s. 985.4135, F.S.; | 
| 41 | providing for permissible representation on juvenile | 
| 42 | justice county councils or circuit boards; amending ss. | 
| 43 | 784.075, 984.05, 985.31, and 985.3141, F.S.; conforming | 
| 44 | cross references; providing an effective date. | 
| 45 | 
 | 
| 46 | Be It Enacted by the Legislature of the State of Florida: | 
| 47 | 
 | 
| 48 | Section 1.  Section 985.03, Florida Statutes, is amended to | 
| 49 | read: | 
| 50 | 985.03  Definitions.--As Whenused in this chapter, the | 
| 51 | term: | 
| 52 | (1)  "Addictions receiving facility" means a substance | 
| 53 | abuse service provider as defined in chapter 397. | 
| 54 | (2)  "Adjudicatory hearing" means a hearing for the court | 
| 55 | to determine whether or not the facts support the allegations | 
| 56 | stated in the petition, as is provided for under s. 985.228 in | 
| 57 | delinquency cases. | 
| 58 | (3)  "Adult" means any natural person other than a child. | 
| 59 | (4)  "Arbitration" means a process whereby a neutral third | 
| 60 | person or panel, called an arbitrator or an arbitration panel, | 
| 61 | considers the facts and arguments presented by the parties and | 
| 62 | renders a decision which may be binding or nonbinding. | 
| 63 | (5)  "Authorized agent" or "designee" of the department | 
| 64 | means a person or agency assigned or designated by the | 
| 65 | department of Juvenile Justiceor the Department of Children and | 
| 66 | Family Services, as appropriate, to perform duties or exercise | 
| 67 | powers under pursuant tothis chapter and includes contract | 
| 68 | providers and their employees for purposes of providing services | 
| 69 | to and managing cases of children in need of services and | 
| 70 | families in need of services. | 
| 71 | (6)  "Child" or "juvenile" or "youth" means any unmarried | 
| 72 | person under the age of 18 who has not been emancipated by order | 
| 73 | of the court and who has been found or alleged to be dependent, | 
| 74 | in need of services, or from a family in need of services; or | 
| 75 | any married or unmarried person who is charged with a violation | 
| 76 | of law occurring prior to the time that person reached the age | 
| 77 | of 18 years. | 
| 78 | (7)  "Child eligible for an intensive residential treatment | 
| 79 | program for offenders less than 13 years of age" means a child | 
| 80 | who has been found to have committed a delinquent act or a | 
| 81 | violation of law in the case currently before the court and who | 
| 82 | meets at least one of the following criteria: | 
| 83 | (a)  The child is less than 13 years of age at the time of | 
| 84 | the disposition for the current offense and has been adjudicated | 
| 85 | on the current offense for: | 
| 86 | 1.  Arson; | 
| 87 | 2.  Sexual battery; | 
| 88 | 3.  Robbery; | 
| 89 | 4.  Kidnapping; | 
| 90 | 5.  Aggravated child abuse; | 
| 91 | 6.  Aggravated assault; | 
| 92 | 7.  Aggravated stalking; | 
| 93 | 8.  Murder; | 
| 94 | 9.  Manslaughter; | 
| 95 | 10.  Unlawful throwing, placing, or discharging of a | 
| 96 | destructive device or bomb; | 
| 97 | 11.  Armed burglary; | 
| 98 | 12.  Aggravated battery; | 
| 99 | 13.  Any lewd or lascivious offense committed upon or in | 
| 100 | the presence of a person less than 16 years of age; or | 
| 101 | 14.  Carrying, displaying, using, threatening, or | 
| 102 | attempting to use a weapon or firearm during the commission of a | 
| 103 | felony. | 
| 104 | (b)  The child is less than 13 years of age at the time of | 
| 105 | the disposition, the current offense is a felony, and the child | 
| 106 | has previously been committed at least once to a delinquency | 
| 107 | commitment program. | 
| 108 | (c)  The child is less than 13 years of age and is | 
| 109 | currently committed for a felony offense and transferred from a | 
| 110 | moderate-risk or high-risk residential commitment placement. | 
| 111 | (8)  "Child in need of services" means a child for whom | 
| 112 | there is no pending investigation into an allegation or | 
| 113 | suspicion of abuse, neglect, or abandonment; no pending referral | 
| 114 | alleging the child is delinquent; or no current supervision by | 
| 115 | the department of Juvenile Justiceor the Department of Children | 
| 116 | and Family Services for an adjudication of dependency or | 
| 117 | delinquency. The child must also, under pursuant tothis | 
| 118 | chapter, be found by the court: | 
| 119 | (a)  To have persistently run away from the child's parents | 
| 120 | or legal custodians despite reasonable efforts of the child, the | 
| 121 | parents or legal custodians, and appropriate agencies to remedy | 
| 122 | the conditions contributing to the behavior. Reasonable efforts | 
| 123 | shall include voluntary participation by the child's parents or | 
| 124 | legal custodians and the child in family mediation, services, | 
| 125 | and treatment offered by the department of Juvenile Justiceor | 
| 126 | the Department of Children and Family Services; | 
| 127 | (b)  To be habitually truant from school, while subject to | 
| 128 | compulsory school attendance, despite reasonable efforts to | 
| 129 | remedy the situation under pursuant toss. 1003.26 and 1003.27 | 
| 130 | and through voluntary participation by the child's parents or | 
| 131 | legal custodians and by the child in family mediation, services, | 
| 132 | and treatment offered by the department of Juvenile Justiceor | 
| 133 | the Department of Children and Family Services; or | 
| 134 | (c)  To have persistently disobeyed the reasonable and | 
| 135 | lawful demands of the child's parents or legal custodians, and | 
| 136 | to be beyond their control despite efforts by the child's | 
| 137 | parents or legal custodians and appropriate agencies to remedy | 
| 138 | the conditions contributing to the behavior. Reasonable efforts | 
| 139 | may include such things as good faith participation in family or | 
| 140 | individual counseling. | 
| 141 | (9)  "Child who has been found to have committed a | 
| 142 | delinquent act" means a child who, under pursuant to the | 
| 143 | provisions ofthis chapter, is found by a court to have | 
| 144 | committed a violation of law or to be in direct or indirect | 
| 145 | contempt of court, except that this definition does shallnot | 
| 146 | include an act constituting contempt of court arising out of a | 
| 147 | dependency proceeding or a proceeding under pursuant topart III | 
| 148 | of this chapter. | 
| 149 | (10)  "Child support" means a court-ordered obligation, | 
| 150 | enforced under chapter 61 and ss. 409.2551-409.2597, for | 
| 151 | monetary support for the care, maintenance, training, and | 
| 152 | education of a child. | 
| 153 | (11)  "Circuit" means any of the 20 judicial circuits as | 
| 154 | set forth in s. 26.021. | 
| 155 | (12)  "Comprehensive assessment" or "assessment" means the | 
| 156 | gathering of information for the evaluation of a juvenile | 
| 157 | offender's or a child's physical, psychological, educational, | 
| 158 | vocational, and social condition and family environment as they | 
| 159 | relate to the child's need for rehabilitative and treatment | 
| 160 | services, including substance abuse treatment services, mental | 
| 161 | health services, developmental services, literacy services, | 
| 162 | medical services, family services, and other specialized | 
| 163 | services, as appropriate. | 
| 164 | (13)  "Conditional release" means the care, treatment, | 
| 165 | help, and supervision provided to a juvenile released from a | 
| 166 | residential commitment program which is intended to promote | 
| 167 | rehabilitation and prevent recidivism. The purpose of | 
| 168 | conditional release is to protect the public, reduce recidivism, | 
| 169 | increase responsible productive behavior, and provide for a | 
| 170 | successful transition of the youth from the department to the | 
| 171 | family. Conditional release includes, but is not limited to, | 
| 172 | nonresidential community-based programs. | 
| 173 | (14)  "Court," unless otherwise expressly stated, means the | 
| 174 | circuit court assigned to exercise jurisdiction under this | 
| 175 | chapter. | 
| 176 | (15)  "Day treatment" means a nonresidential, community- | 
| 177 | based program designed to provide therapeutic intervention to | 
| 178 | youth who are placed on probation or conditional release or are | 
| 179 | committed to the minimum-risk nonresidential level. A day | 
| 180 | treatment program may provide educational and vocational | 
| 181 | services, and shall provide case management services; | 
| 182 | individual, group, and family counseling; training designed to | 
| 183 | address delinquency risk factors; and monitoring of a youth's | 
| 184 | compliance with, and facilitation of a youth's completion of, | 
| 185 | sanctions if ordered by the court. Program types may include, | 
| 186 | but are not limited to, career programs, marine programs, | 
| 187 | juvenile justice alternative schools, training and | 
| 188 | rehabilitation programs, and gender-specific programs. | 
| 189 | (16) (15)(a)  "Delinquency program" means any intake, | 
| 190 | probation, or similar program; regional detention center or | 
| 191 | facility; or community-based program, whether owned and operated | 
| 192 | by or contracted by the department of Juvenile Justice, or | 
| 193 | institution owned and operated by or contracted by the | 
| 194 | department of Juvenile Justice, thatwhichprovides intake, | 
| 195 | supervision, or custody and care of children who are alleged to | 
| 196 | be or who have been found to be delinquent under pursuant to | 
| 197 | part II. | 
| 198 | (b)  "Delinquency program staff" means supervisory and | 
| 199 | direct care staff of a delinquency program as well as support | 
| 200 | staff who have direct contact with children in a delinquency | 
| 201 | program. | 
| 202 | (c)  "Delinquency prevention programs" means programs | 
| 203 | designed for the purpose of reducing the occurrence of | 
| 204 | delinquency, including youth and street gang activity, and | 
| 205 | juvenile arrests. The term excludes arbitration, diversionary or | 
| 206 | mediation programs, and community service work or other | 
| 207 | treatment available subsequent to a child committing a | 
| 208 | delinquent act. | 
| 209 | (17) (16)"Department" means the Department of Juvenile | 
| 210 | Justice. | 
| 211 | (18) (17)"Designated facility" or "designated treatment | 
| 212 | facility" means any facility designated by the department of | 
| 213 | Juvenile Justiceto provide treatment to juvenile offenders. | 
| 214 | (19) (18)"Detention care" means the temporary care of a | 
| 215 | child in secure, nonsecure, or home detention, pending a court | 
| 216 | adjudication or disposition or execution of a court order. There | 
| 217 | are three types of detention care, as follows: | 
| 218 | (a)  "Secure detention" means temporary custody of the | 
| 219 | child while the child is under the physical restriction of a | 
| 220 | detention center or facility pending adjudication, disposition, | 
| 221 | or placement. | 
| 222 | (b)  "Nonsecure detention" means temporary custody of the | 
| 223 | child while the child is in a residential home in the community | 
| 224 | in a physically nonrestrictive environment under the supervision | 
| 225 | of the department of Juvenile Justicepending adjudication, | 
| 226 | disposition, or placement. | 
| 227 | (c)  "Home detention" means temporary custody of the child | 
| 228 | while the child is released to the custody of the parent, | 
| 229 | guardian, or custodian in a physically nonrestrictive | 
| 230 | environment under the supervision of the department of Juvenile | 
| 231 | Justicestaff pending adjudication, disposition, or placement. | 
| 232 | (20) (19)"Detention center or facility" means a facility | 
| 233 | used pending court adjudication or disposition or execution of | 
| 234 | court order for the temporary care of a child alleged or found | 
| 235 | to have committed a violation of law. A detention center or | 
| 236 | facility may provide secure or nonsecure custody. A facility | 
| 237 | used for the commitment of adjudicated delinquents shall not be | 
| 238 | considered a detention center or facility. | 
| 239 | (21) (20)"Detention hearing" means a hearing for the court | 
| 240 | to determine if a child should be placed in temporary custody, | 
| 241 | as provided for under ss. 985.213 and 985.215 in delinquency | 
| 242 | cases. | 
| 243 | (22) (21)"Disposition hearing" means a hearing in which | 
| 244 | the court determines the most appropriate dispositional services | 
| 245 | in the least restrictive available setting provided for under s. | 
| 246 | 985.231, in delinquency cases. | 
| 247 | (23) (22)"Family" means a collective of persons, | 
| 248 | consisting of a child and a parent, guardian, adult custodian, | 
| 249 | or adult relative, in which: | 
| 250 | (a)  The persons reside in the same house or living unit; | 
| 251 | or | 
| 252 | (b)  The parent, guardian, adult custodian, or adult | 
| 253 | relative has a legal responsibility by blood, marriage, or court | 
| 254 | order to support or care for the child. | 
| 255 | (24) (23)"Family in need of services" means a family that | 
| 256 | has a child for whom there is no pending investigation into an | 
| 257 | allegation of abuse, neglect, or abandonment or no current | 
| 258 | supervision by the department of Juvenile Justiceor the | 
| 259 | Department of Children and Family Services for an adjudication | 
| 260 | of dependency or delinquency. The child must also have been | 
| 261 | referred to a law enforcement agency or the department of | 
| 262 | Juvenile Justicefor: | 
| 263 | (a)  Running away from parents or legal custodians; | 
| 264 | (b)  Persistently disobeying reasonable and lawful demands | 
| 265 | of parents or legal custodians, and being beyond their control; | 
| 266 | or | 
| 267 | (c)  Habitual truancy from school. | 
| 268 | (25) (24)"Foster care" means care provided a child in a | 
| 269 | foster family or boarding home, group home, agency boarding | 
| 270 | home, child care institution, or any combination thereof. | 
| 271 | (26) (25)"Habitually truant" means that: | 
| 272 | (a)  The child has 15 unexcused absences within 90 calendar | 
| 273 | days with or without the knowledge or justifiable consent of the | 
| 274 | child's parent or legal guardian, is subject to compulsory | 
| 275 | school attendance under s. 1003.21(1) and (2)(a), and is not | 
| 276 | exempt under s. 1003.21(3), s. 1003.24, or any other exemptions | 
| 277 | specified by law or the rules of the State Board of Education. | 
| 278 | (b)  Escalating activities to determine the cause, and to | 
| 279 | attempt the remediation, of the child's truant behavior under | 
| 280 | ss. 1003.26 and 1003.27 have been completed. | 
| 281 | 
 | 
| 282 | If a child who is subject to compulsory school attendance is | 
| 283 | responsive to the interventions described in ss. 1003.26 and | 
| 284 | 1003.27 and has completed the necessary requirements to pass the | 
| 285 | current grade as indicated in the district pupil progression | 
| 286 | plan, the child shall not be determined to be habitually truant | 
| 287 | and shall be passed. If a child within the compulsory school | 
| 288 | attendance age has 15 unexcused absences within 90 calendar days | 
| 289 | or fails to enroll in school, the state attorney may file a | 
| 290 | child-in-need-of-services petition. Before Prior tofiling a | 
| 291 | petition, the child must be referred to the appropriate agency | 
| 292 | for evaluation. After consulting with the evaluating agency, the | 
| 293 | state attorney may elect to file a child-in-need-of-services | 
| 294 | petition. | 
| 295 | (c)  A school representative, designated according to | 
| 296 | school board policy, and a juvenile probation officer of the | 
| 297 | department of Juvenile Justicehave jointly investigated the | 
| 298 | truancy problem or, if that was not feasible, have performed | 
| 299 | separate investigations to identify conditions that could be | 
| 300 | contributing to the truant behavior; and if, after a joint | 
| 301 | staffing of the case to determine the necessity for services, | 
| 302 | such services were determined to be needed, the persons who | 
| 303 | performed the investigations met jointly with the family and | 
| 304 | child to discuss any referral to appropriate community agencies | 
| 305 | for economic services, family or individual counseling, or other | 
| 306 | services required to remedy the conditions that are contributing | 
| 307 | to the truant behavior. | 
| 308 | (d)  The failure or refusal of the parent or legal guardian | 
| 309 | or the child to participate, or make a good faith effort to | 
| 310 | participate, in the activities prescribed to remedy the truant | 
| 311 | behavior, or the failure or refusal of the child to return to | 
| 312 | school after participation in activities required by this | 
| 313 | subsection, or the failure of the child to stop the truant | 
| 314 | behavior after the school administration and the department of | 
| 315 | Juvenile Justicehave worked with the child as described in s. | 
| 316 | 1003.27(3) shall be handled as prescribed in s. 1003.27. | 
| 317 | (27) (26)"Halfway house" means a community-based | 
| 318 | residential program for 10 or more committed delinquents at the | 
| 319 | moderate-risk commitment level which is operated or contracted | 
| 320 | by the department of Juvenile Justice. | 
| 321 | (28) (27)"Intake" means the initial acceptance and | 
| 322 | screening by the department of Juvenile Justiceof a complaint | 
| 323 | or a law enforcement report or probable cause affidavit of | 
| 324 | delinquency, family in need of services, or child in need of | 
| 325 | services to determine the recommendation to be taken in the best | 
| 326 | interests of the child, the family, and the community. The | 
| 327 | emphasis of intake is on diversion and the least restrictive | 
| 328 | available services. Consequently, intake includes such | 
| 329 | alternatives as: | 
| 330 | (a)  The disposition of the complaint, report, or probable | 
| 331 | cause affidavit without court or public agency action or | 
| 332 | judicial handling when appropriate. | 
| 333 | (b)  The referral of the child to another public or private | 
| 334 | agency when appropriate. | 
| 335 | (c)  The recommendation by the juvenile probation officer | 
| 336 | of judicial handling when appropriate and warranted. | 
| 337 | (29) (28)"Judge" means the circuit judge exercising | 
| 338 | jurisdiction pursuant to this chapter. | 
| 339 | (30) (29)"Juvenile justice continuum" includes, but is not | 
| 340 | limited to, delinquency prevention programs and services | 
| 341 | designed for the purpose of preventing or reducing delinquent | 
| 342 | acts, including criminal activity by youth gangs, and juvenile | 
| 343 | arrests, as well as programs and services targeted at children | 
| 344 | who have committed delinquent acts, and children who have | 
| 345 | previously been committed to residential treatment programs for | 
| 346 | delinquents. The term includes children-in-need-of-services and | 
| 347 | families-in-need-of-services programs; conditional release; | 
| 348 | substance abuse and mental health programs; educational and | 
| 349 | career programs; recreational programs; community services | 
| 350 | programs; community service work programs; and alternative | 
| 351 | dispute resolution programs serving children at risk of | 
| 352 | delinquency and their families, whether offered or delivered by | 
| 353 | state or local governmental entities, public or private for- | 
| 354 | profit or not-for-profit organizations, or religious or | 
| 355 | charitable organizations. | 
| 356 | (31) (30)"Juvenile probation officer" means the authorized | 
| 357 | agent of the department of Juvenile Justicewho performs the | 
| 358 | intake, case management, or supervision functions. | 
| 359 | (32) (31)"Juvenile sexual offender" means: | 
| 360 | (a)  A juvenile who has been found by the court under | 
| 361 | pursuant tos. 985.228 to have committed a violation of chapter | 
| 362 | 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133; | 
| 363 | (b)  A juvenile found to have committed any felony | 
| 364 | violation of law or delinquent act involving juvenile sexual | 
| 365 | abuse. "Juvenile sexual abuse" means any sexual behavior that | 
| 366 | whichoccurs without consent, without equality, or as a result | 
| 367 | of coercion. For purposes of this subsection, the following | 
| 368 | definitions apply: | 
| 369 | 1.  "Coercion" means the exploitation of authority, use of | 
| 370 | bribes, threats of force, or intimidation to gain cooperation or | 
| 371 | compliance. | 
| 372 | 2.  "Equality" means two participants operating with the | 
| 373 | same level of power in a relationship, neither being controlled | 
| 374 | nor coerced by the other. | 
| 375 | 3.  "Consent" means an agreement including all of the | 
| 376 | following: | 
| 377 | a.  Understanding what is proposed based on age, maturity, | 
| 378 | developmental level, functioning, and experience. | 
| 379 | b.  Knowledge of societal standards for what is being | 
| 380 | proposed. | 
| 381 | c.  Awareness of potential consequences and alternatives. | 
| 382 | d.  Assumption that agreement or disagreement will be | 
| 383 | accepted equally. | 
| 384 | e.  Voluntary decision. | 
| 385 | f.  Mental competence. | 
| 386 | 
 | 
| 387 | Juvenile sexual offender behavior ranges from noncontact sexual | 
| 388 | behavior such as making obscene phone calls, exhibitionism, | 
| 389 | voyeurism, and the showing or taking of lewd photographs to | 
| 390 | varying degrees of direct sexual contact, such as frottage, | 
| 391 | fondling, digital penetration, rape, fellatio, sodomy, and | 
| 392 | various other sexually aggressive acts. | 
| 393 | (33) (32)"Legal custody or guardian" means a legal status | 
| 394 | created by court order or letter of guardianship which vests in | 
| 395 | a custodian of the person or guardian, whether an agency or an | 
| 396 | individual, the right to have physical custody of the child and | 
| 397 | the right and duty to protect, train, and discipline the child | 
| 398 | and to provide him or her with food, shelter, education, and | 
| 399 | ordinary medical, dental, psychiatric, and psychological care. | 
| 400 | (34) (33)"Licensed child-caring agency" means a person, | 
| 401 | society, association, or agency licensed by the Department of | 
| 402 | Children and Family Services to care for, receive, and board | 
| 403 | children. | 
| 404 | (35) (34)"Licensed health care professional" means a | 
| 405 | physician licensed under chapter 458, an osteopathic physician | 
| 406 | licensed under chapter 459, a nurse licensed under part I of | 
| 407 | chapter 464, a physician assistant licensed under chapter 458 or | 
| 408 | chapter 459, or a dentist licensed under chapter 466. | 
| 409 | (36) (35)"Likely to injure oneself" means that, as | 
| 410 | evidenced by violent or other actively self-destructive | 
| 411 | behavior, it is more likely than not that within a 24-hour | 
| 412 | period the child will attempt to commit suicide or inflict | 
| 413 | serious bodily harm on himself or herself. | 
| 414 | (37) (36)"Likely to injure others" means that it is more | 
| 415 | likely than not that within a 24-hour period the child will | 
| 416 | inflict serious and unjustified bodily harm on another person. | 
| 417 | (38) (37)"Mediation" means a process whereby a neutral | 
| 418 | third person called a mediator acts to encourage and facilitate | 
| 419 | the resolution of a dispute between two or more parties. It is | 
| 420 | an informal and nonadversarial process with the objective of | 
| 421 | helping the disputing parties reach a mutually acceptable and | 
| 422 | voluntary agreement. In mediation, decisionmaking authority | 
| 423 | rests with the parties. The role of the mediator includes, but | 
| 424 | is not limited to, assisting the parties in identifying issues, | 
| 425 | fostering joint problem solving, and exploring settlement | 
| 426 | alternatives. | 
| 427 | (39) (38)"Necessary medical treatment" means care which is | 
| 428 | necessary within a reasonable degree of medical certainty to | 
| 429 | prevent the deterioration of a child's condition or to alleviate | 
| 430 | immediate pain of a child. | 
| 431 | (40) (39)"Next of kin" means an adult relative of a child | 
| 432 | who is the child's brother, sister, grandparent, aunt, uncle, or | 
| 433 | first cousin. | 
| 434 | (41) (40)"Parent" means a woman who gives birth to a child | 
| 435 | and a man whose consent to the adoption of the child would be | 
| 436 | required under s. 63.062(1). If a child has been legally | 
| 437 | adopted, the term "parent" means the adoptive mother or father | 
| 438 | of the child. The term does not include an individual whose | 
| 439 | parental relationship to the child has been legally terminated, | 
| 440 | or an alleged or prospective parent, unless the parental status | 
| 441 | falls within the terms of either s. 39.503(1) or s. 63.062(1). | 
| 442 | (42) (41)"Preliminary screening" means the gathering of | 
| 443 | preliminary information to be used in determining a child's need | 
| 444 | for further evaluation or assessment or for referral for other | 
| 445 | substance abuse services through means such as psychosocial | 
| 446 | interviews; urine and breathalyzer screenings; and reviews of | 
| 447 | available educational, delinquency, and dependency records of | 
| 448 | the child. | 
| 449 | (43) (42)"Preventive services" means social services and | 
| 450 | other supportive and rehabilitative services provided to the | 
| 451 | parent of the child, the legal guardian of the child, or the | 
| 452 | custodian of the child and to the child for the purpose of | 
| 453 | averting the removal of the child from the home or disruption of | 
| 454 | a family that whichwill or could result in the placement of a | 
| 455 | child in foster care. Social services and other supportive and | 
| 456 | rehabilitative services shall promote the child's need for a | 
| 457 | safe, continuous, stable living environment and shall promote | 
| 458 | family autonomy and shall strengthen family life as the first | 
| 459 | priority whenever possible. | 
| 460 | (44) (43)"Probation" means the legal status of probation | 
| 461 | created by law and court order in cases involving a child who | 
| 462 | has been found to have committed a delinquent act. Probation is | 
| 463 | an individualized program in which the freedom of the child is | 
| 464 | limited and the child is restricted to noninstitutional quarters | 
| 465 | or restricted to the child's home in lieu of commitment to the | 
| 466 | custody of the department of Juvenile Justice. Youth on | 
| 467 | probation may be assessed and classified for placement in day- | 
| 468 | treatment probation programs designed for youth who represent a | 
| 469 | minimum risk to themselves and public safety and do not require | 
| 470 | placement and services in a residential setting. Program types | 
| 471 | in this more intensive and structured day-treatment probation | 
| 472 | option include career programs, marine programs, juvenile | 
| 473 | justice alternative schools, training and rehabilitation | 
| 474 | programs, and gender-specific programs. | 
| 475 | (45) (44)"Relative" means a grandparent, great- | 
| 476 | grandparent, sibling, first cousin, aunt, uncle, great-aunt, | 
| 477 | great-uncle, niece, or nephew, whether related by the whole or | 
| 478 | half blood, by affinity, or by adoption. The term does not | 
| 479 | include a stepparent. | 
| 480 | (46) (45)"RestrictivenessResidential Commitmentlevel" | 
| 481 | means the level of programming and security provided by programs | 
| 482 | that service the supervision, custody, care, and treatment needs | 
| 483 | of committed children. Sections 985.3141 and 985.404(11) apply | 
| 484 | to children placed in programs at any residential commitment | 
| 485 | level. The restrictiveness levels of residentialcommitment are | 
| 486 | as follows: | 
| 487 | (a)  Minimum-risk nonresidential.--Programs or program | 
| 488 | models at this commitment level work with youth who remain in | 
| 489 | the community and participate at least 5 days per week in a day | 
| 490 | treatment program. Youth assessed and classified for programs at | 
| 491 | this commitment level represent a minimum risk to themselves and | 
| 492 | public safety and do not require placement and services in | 
| 493 | residential settings. Youth in this level have full access to, | 
| 494 | and reside in, the community. Youth who have been found to have | 
| 495 | committed delinquent acts that involve firearms, delinquent acts | 
| 496 | that are sexual offenses, or delinquent acts that would be life | 
| 497 | felonies or first degree felonies if committed by an adult shall | 
| 498 | not be committed to a program at this level. | 
| 499 | (b) (a)Low-risk residential.--Programs or program models | 
| 500 | at this commitment level are residential but may allow youth to | 
| 501 | have unsupervised access to the community. Youth assessed and | 
| 502 | classified for placement in programs at this commitment level | 
| 503 | represent a low risk to themselves and public safety but do | 
| 504 | require placement and services in residential settings. Children | 
| 505 | who have been found to have committed delinquent acts that | 
| 506 | involve firearms, delinquent acts that are sexual offenses, or | 
| 507 | delinquent acts that would be life felonies or first degree | 
| 508 | felonies if committed by an adult shall not be committed to a | 
| 509 | program at this level. | 
| 510 | (c) (b)Moderate-risk residential.--Programs or program | 
| 511 | models at this commitment level are residential but may allow | 
| 512 | youth to have supervised access to the community. Facilities are | 
| 513 | either environmentally secure, staff secure, or are hardware- | 
| 514 | secure with walls, fencing, or locking doors. Facilities shall | 
| 515 | provide 24-hour awake supervision, custody, care, and treatment | 
| 516 | of residents. Youth assessed and classified for placement in | 
| 517 | programs at this commitment level represent a moderate risk to | 
| 518 | public safety and require close supervision. The staff at a | 
| 519 | facility at this commitment level may seclude a child who is a | 
| 520 | physical threat to himself or herself or others. Mechanical | 
| 521 | restraint may also be used when necessary. | 
| 522 | (d) (c)High-risk residential.--Programs or program models | 
| 523 | at this commitment level are residential and do shallnot allow | 
| 524 | youth to have access to the community except that temporary | 
| 525 | release providing community access for up to 72 continuous hours | 
| 526 | for a youth who has made successful progress in his or her | 
| 527 | program may be approved by a court in order to attend a family | 
| 528 | emergency or, during the final 120 days of his or her placement, | 
| 529 | to visit his or her home, enroll in school or a vocational | 
| 530 | program, complete a job interview, or participate in a community | 
| 531 | service project. High-risk residential facilities are hardware- | 
| 532 | secure with perimeter fencing and locking doors. Facilities | 
| 533 | shall provide 24-hour awake supervision, custody, care, and | 
| 534 | treatment of residents. Youth assessed and classified for this | 
| 535 | level of placement require close supervision in a structured | 
| 536 | residential setting. Placement in programs at this level is | 
| 537 | prompted by a concern for public safety that outweighs placement | 
| 538 | in programs at lower commitment levels. The staff at a facility | 
| 539 | at this commitment level may seclude a child who is a physical | 
| 540 | threat to himself or herself or others. Mechanical restraint may | 
| 541 | also be used when necessary. The facility may provide for single | 
| 542 | cell occupancy. | 
| 543 | (e) (d)Maximum-risk residential.--Programs or program | 
| 544 | models at this commitment level include juvenile correctional | 
| 545 | facilities and juvenile prisons. The programs are long-term | 
| 546 | residential and do shallnot allow youth to have access to the | 
| 547 | community. Facilities are maximum-custody hardware-secure with | 
| 548 | perimeter security fencing and locking doors. Facilities shall | 
| 549 | provide 24-hour awake supervision, custody, care, and treatment | 
| 550 | of residents. The staff at a facility at this commitment level | 
| 551 | may seclude a child who is a physical threat to himself or | 
| 552 | herself or others. Mechanical restraint may also be used when | 
| 553 | necessary. The facility shall provide for single cell occupancy, | 
| 554 | except that youth may be housed together during prerelease | 
| 555 | transition. Youth assessed and classified for this level of | 
| 556 | placement require close supervision in a maximum security | 
| 557 | residential setting. Placement in a program at this level is | 
| 558 | prompted by a demonstrated need to protect the public. | 
| 559 | (47) (46)"Respite" means a placement that is available for | 
| 560 | the care, custody, and placement of a youth charged with | 
| 561 | domestic violence as an alternative to secure detention or for | 
| 562 | placement of a youth when a shelter bed for a child in need of | 
| 563 | services or a family in need of services is unavailable. | 
| 564 | (48) (47)"Secure detention center or facility" means a | 
| 565 | physically restricting facility for the temporary care of | 
| 566 | children, pending adjudication, disposition, or placement. | 
| 567 | (49) (48)"Serious or habitual juvenile offender," for | 
| 568 | purposes of commitment to a residential facility and for | 
| 569 | purposes of records retention, means a child who has been found | 
| 570 | to have committed a delinquent act or a violation of law, in the | 
| 571 | case currently before the court, and who meets at least one of | 
| 572 | the following criteria: | 
| 573 | (a)  The youth is at least 13 years of age at the time of | 
| 574 | the disposition for the current offense and has been adjudicated | 
| 575 | on the current offense for: | 
| 576 | 1.  Arson; | 
| 577 | 2.  Sexual battery; | 
| 578 | 3.  Robbery; | 
| 579 | 4.  Kidnapping; | 
| 580 | 5.  Aggravated child abuse; | 
| 581 | 6.  Aggravated assault; | 
| 582 | 7.  Aggravated stalking; | 
| 583 | 8.  Murder; | 
| 584 | 9.  Manslaughter; | 
| 585 | 10.  Unlawful throwing, placing, or discharging of a | 
| 586 | destructive device or bomb; | 
| 587 | 11.  Armed burglary; | 
| 588 | 12.  Aggravated battery; | 
| 589 | 13.  Any lewd or lascivious offense committed upon or in | 
| 590 | the presence of a person less than 16 years of age; or | 
| 591 | 14.  Carrying, displaying, using, threatening, or | 
| 592 | attempting to use a weapon or firearm during the commission of a | 
| 593 | felony. | 
| 594 | (b)  The youth is at least 13 years of age at the time of | 
| 595 | the disposition, the current offense is a felony, and the child | 
| 596 | has previously been committed at least two times to a | 
| 597 | delinquency commitment program. | 
| 598 | (c)  The youth is at least 13 years of age and is currently | 
| 599 | committed for a felony offense and transferred from a moderate- | 
| 600 | risk or high-risk residential commitment placement. | 
| 601 | (50) (49)"Serious or habitual juvenile offender program" | 
| 602 | means the program established in s. 985.31. | 
| 603 | (51) (50)"Shelter" means a place for the temporary care of | 
| 604 | a child who is alleged to be or who has been found to be | 
| 605 | delinquent. | 
| 606 | (52) (51)"Shelter hearing" means a hearing provided for | 
| 607 | under s. 984.14 in family-in-need-of-services cases or child-in- | 
| 608 | need-of-services cases. | 
| 609 | (53) (52)"Staff-secure shelter" means a facility in which | 
| 610 | a child is supervised 24 hours a day by staff members who are | 
| 611 | awake while on duty. The facility is for the temporary care and | 
| 612 | assessment of a child who has been found to be dependent, who | 
| 613 | has violated a court order and been found in contempt of court, | 
| 614 | or whom the Department of Children and Family Services is unable | 
| 615 | to properly assess or place for assistance within the continuum | 
| 616 | of services provided for dependent children. | 
| 617 | (54) (53)"Substance abuse" means using, without medical | 
| 618 | reason, any psychoactive or mood-altering drug, including | 
| 619 | alcohol, in such a manner as to induce impairment resulting in | 
| 620 | dysfunctional social behavior. | 
| 621 | (55) (54)"Taken into custody" means the status of a child | 
| 622 | immediately when temporary physical control over the child is | 
| 623 | attained by a person authorized by law, pending the child's | 
| 624 | release, detention, placement, or other disposition as | 
| 625 | authorized by law. | 
| 626 | (56) (55)"Temporary legal custody" means the relationship | 
| 627 | that a juvenile court creates between a child and an adult | 
| 628 | relative of the child, adult nonrelative approved by the court, | 
| 629 | or other person until a more permanent arrangement is ordered. | 
| 630 | Temporary legal custody confers upon the custodian the right to | 
| 631 | have temporary physical custody of the child and the right and | 
| 632 | duty to protect, train, and discipline the child and to provide | 
| 633 | the child with food, shelter, and education, and ordinary | 
| 634 | medical, dental, psychiatric, and psychological care, unless | 
| 635 | these rights and duties are otherwise enlarged or limited by the | 
| 636 | court order establishing the temporary legal custody | 
| 637 | relationship. | 
| 638 | (57) (56)"Temporary release" means the terms and | 
| 639 | conditions under which a child is temporarily released from a | 
| 640 | residential commitment facility or allowed home visits. If the | 
| 641 | temporary release is from a moderate-risk residential facility, | 
| 642 | a high-risk residential facility, or a maximum-risk residential | 
| 643 | facility, the terms and conditions of the temporary release must | 
| 644 | be approved by the child, the court, and the facility. The term | 
| 645 | includes periods during which the child is supervised pursuant | 
| 646 | to a conditional release program or a period during which the | 
| 647 | child is supervised by a juvenile probation officer or other | 
| 648 | nonresidential staff of the department or staff employed by an | 
| 649 | entity under contract with the department. | 
| 650 | (58) (57)"Training school" means one of the following | 
| 651 | facilities: the Arthur G. Dozier School or the Eckerd Youth | 
| 652 | Development Center. | 
| 653 | (59) (58)"Violation of law" or "delinquent act" means a | 
| 654 | violation of any law of this state, the United States, or any | 
| 655 | other state which is a misdemeanor or a felony or a violation of | 
| 656 | a county or municipal ordinance which would be punishable by | 
| 657 | incarceration if the violation were committed by an adult. | 
| 658 | (60) (59)"Waiver hearing" means a hearing provided for | 
| 659 | under s. 985.226(3). | 
| 660 | Section 2.  Paragraph (d) of subsection (1) of section | 
| 661 | 985.207, Florida Statutes, is amended to read: | 
| 662 | 985.207  Taking a child into custody.-- | 
| 663 | (1)  A child may be taken into custody under the following | 
| 664 | circumstances: | 
| 665 | (d)  By a law enforcement officer who has probable cause to | 
| 666 | believe that the child is in violation of the conditions of the | 
| 667 | child's probation, home detention, postcommitment probation, or | 
| 668 | conditional release supervision or has escaped in violation of | 
| 669 | s. 985.3141 from commitment. | 
| 670 | 
 | 
| 671 | Nothing in this subsection shall be construed to allow the | 
| 672 | detention of a child who does not meet the detention criteria in | 
| 673 | s. 985.215. | 
| 674 | Section 3.  Subsection (1) of section 985.208, Florida | 
| 675 | Statutes, is amended to read: | 
| 676 | 985.208  Detention of escapee on authority of the | 
| 677 | department.-- | 
| 678 | (1)  If an authorized agent of the department has | 
| 679 | reasonable grounds to believe that any delinquent child | 
| 680 | committed to the department has escaped from a residential | 
| 681 | commitment facility of the department or from being lawfully | 
| 682 | transported thereto or therefrom, the agent may take the child | 
| 683 | into active custody and may deliver the child to the facility | 
| 684 | or, if it is closer, to a detention center for return to the | 
| 685 | facility. However, a child may not be held in detention longer | 
| 686 | than 24 hours, excluding Saturdays, Sundays, and legal holidays, | 
| 687 | unless a special order so directing is made by the judge after a | 
| 688 | detention hearing resulting in a finding that detention is | 
| 689 | required based on the criteria in s. 985.215(2). The order shall | 
| 690 | state the reasons for such finding. The reasons shall be | 
| 691 | reviewable by appeal or in habeas corpus proceedings in the | 
| 692 | district court of appeal. | 
| 693 | Section 4.  Paragraphs (a) and (d) of subsection (1) and | 
| 694 | subsection (2) of section 985.231, Florida Statutes, are amended | 
| 695 | to read: | 
| 696 | 985.231  Powers of disposition in delinquency cases.-- | 
| 697 | (1)(a)  The court that has jurisdiction of an adjudicated | 
| 698 | delinquent child may, by an order stating the facts upon which a | 
| 699 | determination of a sanction and rehabilitative program was made | 
| 700 | at the disposition hearing: | 
| 701 | 1.  Place the child in a probation program or a | 
| 702 | postcommitment probation program under the supervision of an | 
| 703 | authorized agent of the department of Juvenile Justiceor of any | 
| 704 | other person or agency specifically authorized and appointed by | 
| 705 | the court, whether in the child's own home, in the home of a | 
| 706 | relative of the child, or in some other suitable place under | 
| 707 | such reasonable conditions as the court may direct. A probation | 
| 708 | program for an adjudicated delinquent child must include a | 
| 709 | penalty component such as restitution in money or in kind, | 
| 710 | community service, a curfew, revocation or suspension of the | 
| 711 | driver's license of the child, or other nonresidential | 
| 712 | punishment appropriate to the offense and must also include a | 
| 713 | rehabilitative program component such as a requirement of | 
| 714 | participation in substance abuse treatment or in school or other | 
| 715 | educational program. If the child is attending or is eligible to | 
| 716 | attend public school and the court finds that the victim or a | 
| 717 | sibling of the victim in the case is attending or may attend the | 
| 718 | same school as the child, the court placement order shall | 
| 719 | include a finding pursuant to the proceedings described in s. | 
| 720 | 985.23(1)(d). Upon the recommendation of the department at the | 
| 721 | time of disposition, or subsequent to disposition pursuant to | 
| 722 | the filing of a petition alleging a violation of the child's | 
| 723 | conditions of postcommitment probation, the court may order the | 
| 724 | child to submit to random testing for the purpose of detecting | 
| 725 | and monitoring the use of alcohol or controlled substances. | 
| 726 | a.  A restrictiveness levelclassification scale for levels | 
| 727 | of supervision shall be provided by the department, taking into | 
| 728 | account the child's needs and risks relative to probation | 
| 729 | supervision requirements to reasonably ensure the public safety. | 
| 730 | Probation programs for children shall be supervised by the | 
| 731 | department or by any other person or agency specifically | 
| 732 | authorized by the court. These programs must include, but are | 
| 733 | not limited to, structured or restricted activities as described | 
| 734 | in this subparagraph, and shall be designed to encourage the | 
| 735 | child toward acceptable and functional social behavior. If | 
| 736 | supervision or a program of community service is ordered by the | 
| 737 | court, the duration of such supervision or program must be | 
| 738 | consistent with any treatment and rehabilitation needs | 
| 739 | identified for the child and may not exceed the term for which | 
| 740 | sentence could be imposed if the child were committed for the | 
| 741 | offense, except that the duration of such supervision or program | 
| 742 | for an offense that is a misdemeanor of the second degree, or is | 
| 743 | equivalent to a misdemeanor of the second degree, may be for a | 
| 744 | period not to exceed 6 months. When restitution is ordered by | 
| 745 | the court, the amount of restitution may not exceed an amount | 
| 746 | the child and the parent or guardian could reasonably be | 
| 747 | expected to pay or make. A child who participates in any work | 
| 748 | program under this part is considered an employee of the state | 
| 749 | for purposes of liability, unless otherwise provided by law. | 
| 750 | b.  The court may conduct judicial review hearings for a | 
| 751 | child placed on probation for the purpose of fostering | 
| 752 | accountability to the judge and compliance with other | 
| 753 | requirements, such as restitution and community service. The | 
| 754 | court may allow early termination of probation for a child who | 
| 755 | has substantially complied with the terms and conditions of | 
| 756 | probation. | 
| 757 | c.  If the conditions of the probation program or the | 
| 758 | postcommitment probation program are violated, the department or | 
| 759 | the state attorney may bring the child before the court on a | 
| 760 | petition alleging a violation of the program. Any child who | 
| 761 | violates the conditions of probation or postcommitment probation | 
| 762 | must be brought before the court if sanctions are sought. A | 
| 763 | child taken into custody under s. 985.207 for violating the | 
| 764 | conditions of probation or postcommitment probation shall be | 
| 765 | held in a consequence unit if such a unit is available. The | 
| 766 | child shall be afforded a hearing within 24 hours after being | 
| 767 | taken into custody to determine the existence of probable cause | 
| 768 | that the child violated the conditions of probation or | 
| 769 | postcommitment probation. A consequence unit is a secure | 
| 770 | facility specifically designated by the department for children | 
| 771 | who are taken into custody under s. 985.207 for violating | 
| 772 | probation or postcommitment probation, or who have been found by | 
| 773 | the court to have violated the conditions of probation or | 
| 774 | postcommitment probation. If the violation involves a new charge | 
| 775 | of delinquency, the child may be detained under s. 985.215 in a | 
| 776 | facility other than a consequence unit. If the child is not | 
| 777 | eligible for detention for the new charge of delinquency, the | 
| 778 | child may be held in the consequence unit pending a hearing and | 
| 779 | is subject to the time limitations specified in s. 985.215. If | 
| 780 | the child denies violating the conditions of probation or | 
| 781 | postcommitment probation, the court shall appoint counsel to | 
| 782 | represent the child at the child's request. Upon the child's | 
| 783 | admission, or if the court finds after a hearing that the child | 
| 784 | has violated the conditions of probation or postcommitment | 
| 785 | probation, the court shall enter an order revoking, modifying, | 
| 786 | or continuing probation or postcommitment probation. In each | 
| 787 | such case, the court shall enter a new disposition order and, in | 
| 788 | addition to the sanctions set forth in this paragraph, may | 
| 789 | impose any sanction the court could have imposed at the original | 
| 790 | disposition hearing. If the child is found to have violated the | 
| 791 | conditions of probation or postcommitment probation, the court | 
| 792 | may: | 
| 793 | (I)  Place the child in a consequence unit in that judicial | 
| 794 | circuit, if available, for up to 5 days for a first violation, | 
| 795 | and up to 15 days for a second or subsequent violation. | 
| 796 | (II)  Place the child on home detention with electronic | 
| 797 | monitoring. However, this sanction may be used only if a | 
| 798 | residential consequence unit is not available. | 
| 799 | (III)  Modify or continue the child's probation program or | 
| 800 | postcommitment probation program. | 
| 801 | (IV)  Revoke probation or postcommitment probation and | 
| 802 | commit the child to the department. | 
| 803 | d.  Notwithstanding s. 743.07 and paragraph (d), and except | 
| 804 | as provided in s. 985.31, the term of any order placing a child | 
| 805 | in a probation program must be until the child's 19th birthday | 
| 806 | unless he or she is released by the court, on the motion of an | 
| 807 | interested party or on its own motion. | 
| 808 | 2.  Commit the child to a licensed child-caring agency | 
| 809 | willing to receive the child, but the court may not commit the | 
| 810 | child to a jail or to a facility used primarily as a detention | 
| 811 | center or facility or shelter. | 
| 812 | 3.  Commit the child to the department of Juvenile Justice | 
| 813 | at a restrictiveness residential commitmentlevel defined in s. | 
| 814 | 985.03. Such commitment must be for the purpose of exercising | 
| 815 | active control over the child, including, but not limited to, | 
| 816 | custody, care, training, urine monitoring, and treatment of the | 
| 817 | child and release of the child from residential commitment into | 
| 818 | the community in a postcommitment nonresidential conditional | 
| 819 | release program. If the child is eligible to attend public | 
| 820 | school following residentialcommitment and the court finds that | 
| 821 | the victim or a sibling of the victim in the case is or may be | 
| 822 | attending the same school as the child, the commitment order | 
| 823 | shall include a finding pursuant to the proceedings described in | 
| 824 | s. 985.23(1)(d). If the child is not successful in the | 
| 825 | conditional release program, the department may use the transfer | 
| 826 | procedure under s. 985.404. Notwithstanding s. 743.07 and | 
| 827 | paragraph (d), and except as provided in s. 985.31, the term of | 
| 828 | the commitment must be until the child is discharged by the | 
| 829 | department or until he or she reaches the age of 21. | 
| 830 | 4.  Revoke or suspend the driver's license of the child. | 
| 831 | 5.  Require the child and, if the court finds it | 
| 832 | appropriate, the child's parent or guardian together with the | 
| 833 | child, to render community service in a public service program. | 
| 834 | 6.  As part of the probation program to be implemented by | 
| 835 | the department of Juvenile Justice, or, in the case of a | 
| 836 | committed child, as part of the community-based sanctions | 
| 837 | ordered by the court at the disposition hearing or before the | 
| 838 | child's release from commitment, order the child to make | 
| 839 | restitution in money, through a promissory note cosigned by the | 
| 840 | child's parent or guardian, or in kind for any damage or loss | 
| 841 | caused by the child's offense in a reasonable amount or manner | 
| 842 | to be determined by the court. The clerk of the circuit court | 
| 843 | shall be the receiving and dispensing agent. In such case, the | 
| 844 | court shall order the child or the child's parent or guardian to | 
| 845 | pay to the office of the clerk of the circuit court an amount | 
| 846 | not to exceed the actual cost incurred by the clerk as a result | 
| 847 | of receiving and dispensing restitution payments. The clerk | 
| 848 | shall notify the court if restitution is not made, and the court | 
| 849 | shall take any further action that is necessary against the | 
| 850 | child or the child's parent or guardian. A finding by the court, | 
| 851 | after a hearing, that the parent or guardian has made diligent | 
| 852 | and good faith efforts to prevent the child from engaging in | 
| 853 | delinquent acts absolves the parent or guardian of liability for | 
| 854 | restitution under this subparagraph. | 
| 855 | 7.  Order the child and, if the court finds it appropriate, | 
| 856 | the child's parent or guardian together with the child, to | 
| 857 | participate in a community work project, either as an | 
| 858 | alternative to monetary restitution or as part of the | 
| 859 | rehabilitative or probation program. | 
| 860 | 8.  Commit the child to the department of Juvenile Justice | 
| 861 | for placement in a program or facility for serious or habitual | 
| 862 | juvenile offenders in accordance with s. 985.31. Any commitment | 
| 863 | of a child to a program or facility for serious or habitual | 
| 864 | juvenile offenders must be for an indeterminate period of time, | 
| 865 | but the time may not exceed the maximum term of imprisonment | 
| 866 | that an adult may serve for the same offense. The court may | 
| 867 | retain jurisdiction over such child until the child reaches the | 
| 868 | age of 21, specifically for the purpose of the child completing | 
| 869 | the program. | 
| 870 | 9.  In addition to the sanctions imposed on the child, | 
| 871 | order the parent or guardian of the child to perform community | 
| 872 | service if the court finds that the parent or guardian did not | 
| 873 | make a diligent and good faith effort to prevent the child from | 
| 874 | engaging in delinquent acts. The court may also order the parent | 
| 875 | or guardian to make restitution in money or in kind for any | 
| 876 | damage or loss caused by the child's offense. The court shall | 
| 877 | determine a reasonable amount or manner of restitution, and | 
| 878 | payment shall be made to the clerk of the circuit court as | 
| 879 | provided in subparagraph 6. | 
| 880 | 10.  Subject to specific appropriation, commit the juvenile | 
| 881 | sexual offender to the department of Juvenile Justicefor | 
| 882 | placement in a program or facility for juvenile sexual offenders | 
| 883 | in accordance with s. 985.308. Any commitment of a juvenile | 
| 884 | sexual offender to a program or facility for juvenile sexual | 
| 885 | offenders must be for an indeterminate period of time, but the | 
| 886 | time may not exceed the maximum term of imprisonment that an | 
| 887 | adult may serve for the same offense. The court may retain | 
| 888 | jurisdiction over a juvenile sexual offender until the juvenile | 
| 889 | sexual offender reaches the age of 21, specifically for the | 
| 890 | purpose of completing the program. | 
| 891 | (d)  Any commitment of a delinquent child to the department | 
| 892 | of Juvenile Justicemust be for an indeterminate period of time, | 
| 893 | which may include periods of temporary release; however, butthe | 
| 894 | period of time may not exceed the maximum term of imprisonment | 
| 895 | that an adult may serve for the same offense, except that the | 
| 896 | duration of a minimum-risk nonresidential commitment for an | 
| 897 | offense that is a misdemeanor of the second degree, or is | 
| 898 | equivalent to a misdemeanor of the second degree, may be for a | 
| 899 | period not to exceed 6 months. The duration of the child's | 
| 900 | placement in a residentialcommitment program of any | 
| 901 | restrictiveness level shall be based on objective performance- | 
| 902 | based treatment planning. The child's treatment plan progress | 
| 903 | and adjustment-related issues shall be reported to the court | 
| 904 | quarterly, unless the court requests monthly reports each month. | 
| 905 | The child's length of stay in a residentialcommitment program | 
| 906 | may be extended if the child fails to comply with or participate | 
| 907 | in treatment activities. The child's length of stay in such | 
| 908 | program shall not be extended for purposes of sanction or | 
| 909 | punishment. Any temporary release from the suchprogram must be | 
| 910 | approved by the court. Any child so committed may be discharged | 
| 911 | from institutional confinement or a program upon the direction | 
| 912 | of the department with the concurrence of the court. The child's | 
| 913 | treatment plan progress and adjustment-related issues must be | 
| 914 | communicated to the court at the time the department requests | 
| 915 | the court to consider releasing the child from the residential | 
| 916 | commitment program. Notwithstanding s. 743.07 and this | 
| 917 | subsection, and except as provided in ss. 985.201 and 985.31, a | 
| 918 | child may not be held under a commitment from a court under | 
| 919 | pursuant tothis section after becoming 21 years of age. The | 
| 920 | department shall give the court that committed the child to the | 
| 921 | department reasonable notice, in writing, of its desire to | 
| 922 | discharge the child from a commitment facility. The court that | 
| 923 | committed the child may thereafter accept or reject the request. | 
| 924 | If the court does not respond within 10 days after receipt of | 
| 925 | the notice, the request of the department shall be deemed | 
| 926 | granted. This section does not limit the department's authority | 
| 927 | to revoke a child's temporary release status and return the | 
| 928 | child to a commitment facility for any violation of the terms | 
| 929 | and conditions of the temporary release. | 
| 930 | (2)  Following a delinquency adjudicatory hearing pursuant | 
| 931 | to s. 985.228 and a delinquency disposition hearing pursuant to | 
| 932 | s. 985.23 which results in a commitment determination, the court | 
| 933 | shall, on its own or upon request by the state or the | 
| 934 | department, determine whether the protection of the public | 
| 935 | requires that the child be placed in a program for serious or | 
| 936 | habitual juvenile offenders and whether the particular needs of | 
| 937 | the child would be best served by a program for serious or | 
| 938 | habitual juvenile offenders as provided in s. 985.31. The | 
| 939 | determination shall be made pursuant to ss. 985.03(49) (48)and | 
| 940 | 985.23(3). | 
| 941 | Section 5.  Paragraph (a) of subsection (1) of section | 
| 942 | 985.2311, Florida Statutes, is amended to read: | 
| 943 | 985.2311  Cost of supervision; cost of care.-- | 
| 944 | (1)  Except as provided in subsection (3) or subsection | 
| 945 | (4): | 
| 946 | (a)  When any child is placed into home detention, | 
| 947 | probation, or other supervision status with the department, or | 
| 948 | is committed to the minimum-risk nonresidential restrictiveness | 
| 949 | level of Juvenile Justice, the court shall order the parent of | 
| 950 | such child to pay to the department a fee for the cost of the | 
| 951 | supervision of such child in the amount of $1 per day for each | 
| 952 | day that the child is in such supervisionstatus. | 
| 953 | Section 6.  Subsection (3) of section 985.316, Florida | 
| 954 | Statutes, is amended to read: | 
| 955 | 985.316  Conditional release.-- | 
| 956 | (3)  For juveniles referred or committed to the department, | 
| 957 | the function of the department may include, but shall not be | 
| 958 | limited to, assessing each committedjuvenile placed in a | 
| 959 | residential commitment program to determine the need for | 
| 960 | conditional release services upon release from the a commitment | 
| 961 | program, supervising the juvenile when released into the | 
| 962 | community from a residential commitment facility of the | 
| 963 | department, providing such counseling and other services as may | 
| 964 | be necessary for the families and assisting their preparations | 
| 965 | for the return of the child. Subject to specific appropriation, | 
| 966 | the department shall provide for outpatient sexual offender | 
| 967 | counseling for any juvenile sexual offender released from a | 
| 968 | residential commitment program as a component of conditional | 
| 969 | release. | 
| 970 | Section 7.  Section 985.403, Florida Statutes, is repealed. | 
| 971 | Section 8.  Task Force on Juvenile Sexual Offenders and | 
| 972 | their Victims.-- | 
| 973 | (1)  On or before August 1, 2005, the Department of | 
| 974 | Juvenile Justice shall create a task force to review and | 
| 975 | evaluate the state's laws that address juvenile sex offenders | 
| 976 | and the department's practices and procedures for serving these | 
| 977 | offenders and their victims. The task force shall make findings | 
| 978 | that include, but are not limited to, a profile of this state's | 
| 979 | juvenile sex offenders and of dispositions received by those | 
| 980 | offenders, identification of statutes that address these | 
| 981 | offenders, identification of community-based and commitment | 
| 982 | programming available for these offenders and of such | 
| 983 | programming's effectiveness, the appropriateness and | 
| 984 | rehabilitative efficacy of placing these offenders in | 
| 985 | residential commitment programs, and identification of | 
| 986 | qualifications required for staff who serve these offenders. | 
| 987 | Based on its findings, the task force shall make recommendations | 
| 988 | for how the state's laws, policies, programs, and funding for | 
| 989 | juvenile sexual offenders may be improved. | 
| 990 | (2)  The Secretary of Juvenile Justice, or his or her | 
| 991 | designee, shall appoint up to 12 members to the task force. The | 
| 992 | task force shall be composed of representatives who shall | 
| 993 | include, but are not limited to: a circuit court judge with at | 
| 994 | least 1 year's experience in the juvenile division, a state | 
| 995 | attorney with at least 1 year's experience in the juvenile | 
| 996 | division, a public defender with at least 1 year's experience in | 
| 997 | the juvenile division, one representative of the Department of | 
| 998 | Juvenile Justice, two representatives of providers of juvenile | 
| 999 | sexual offender services, one member of the Florida Juvenile | 
| 1000 | Justice Association, one licensed sex offender therapist, and | 
| 1001 | one victim of a juvenile sexual offense. | 
| 1002 | (3)  The task force shall submit a written report of its | 
| 1003 | findings and recommendations to the Governor, the President of | 
| 1004 | the Senate, and the Speaker of the House of Representatives by | 
| 1005 | December 1, 2005. | 
| 1006 | (4)  Administrative support for the task force shall be | 
| 1007 | provided by the Department of Juvenile Justice. Members of the | 
| 1008 | task force shall receive no salary and are not entitled to | 
| 1009 | reimbursement for travel and per diem expenses. | 
| 1010 | (5)  The task force shall be dissolved upon submission of | 
| 1011 | its report. | 
| 1012 | Section 9.  Task force to study certification for juvenile | 
| 1013 | justice provider staff.-- | 
| 1014 | (1)  On or before August 1, 2005, the Department of | 
| 1015 | Juvenile Justice shall create a task force to study the | 
| 1016 | feasibility of establishing a certification process for staff | 
| 1017 | employed by a provider under contract with the Department of | 
| 1018 | Juvenile Justice to provide juvenile justice services to youth. | 
| 1019 | (2)  The Secretary of Juvenile Justice, or his or her | 
| 1020 | designee, shall appoint up to twelve 12 members to the task | 
| 1021 | force. The task force shall be composed of representatives who | 
| 1022 | shall include, but are not limited to, the following: two | 
| 1023 | representatives of the Department of Juvenile Justice, two | 
| 1024 | representatives of providers of juvenile justice services, two | 
| 1025 | members of the Florida Juvenile Justice Association, and two | 
| 1026 | representatives of the Florida Certification Board. | 
| 1027 | (3)  The task force shall consider the feasibility of | 
| 1028 | implementing and operating a certification system for staff who | 
| 1029 | work in juvenile justice facilities, services, or programs. At a | 
| 1030 | minimum, the task force shall consider, and make recommendations | 
| 1031 | concerning, per diem levels, the occupational levels of staff | 
| 1032 | subject to certification, the criteria that may be used to | 
| 1033 | certify staff, the levels of certification, and a process for | 
| 1034 | testing and validating the effectiveness of any recommended | 
| 1035 | staff certification system. In making its recommendations, the | 
| 1036 | task force shall make findings regarding the benefits of a staff | 
| 1037 | certification system for the state's juvenile justice | 
| 1038 | programming and the cost to implement such a system. | 
| 1039 | (4)  The task force shall submit a written report of its | 
| 1040 | findings and recommendations to the Governor, the President of | 
| 1041 | the Senate, and the Speaker of the House of Representatives by | 
| 1042 | January 1, 2006. | 
| 1043 | (5)  Administrative support for the task force shall be | 
| 1044 | provided by the Department of Juvenile Justice. Members of the | 
| 1045 | task force shall receive no salary and are not entitled to | 
| 1046 | reimbursement for travel and per diem expenses. | 
| 1047 | (6)  The task force shall be dissolved upon submission of | 
| 1048 | its report. | 
| 1049 | Section 10.  Subsection (10) of section 985.4135, Florida | 
| 1050 | Statutes, is amended to read: | 
| 1051 | 985.4135  Juvenile justice circuit boards and juvenile | 
| 1052 | justice county councils.-- | 
| 1053 | (10)  Membership of the juvenile justice county councils, | 
| 1054 | or juvenile justice circuit boards established under subsection | 
| 1055 | (9), may mustinclude representatives from the following | 
| 1056 | entities: | 
| 1057 | (a)  Representatives from the school district, which may | 
| 1058 | include elected school board officials, the school | 
| 1059 | superintendent, school or district administrators, teachers, and | 
| 1060 | counselors. | 
| 1061 | (b)  Representatives of the board of county commissioners. | 
| 1062 | (c)  Representatives of the governing bodies of local | 
| 1063 | municipalities within the county. | 
| 1064 | (d)  A representative of the corresponding circuit or | 
| 1065 | regional entity of the Department of Children and Family | 
| 1066 | Services. | 
| 1067 | (e)  Representatives of local law enforcement agencies, | 
| 1068 | including the sheriff or the sheriff's designee. | 
| 1069 | (f)  Representatives of the judicial system. | 
| 1070 | (g)  Representatives of the business community. | 
| 1071 | (h)  Representatives of other interested officials, groups, | 
| 1072 | or entities, including, but not limited to, a children's | 
| 1073 | services council, public or private providers of juvenile | 
| 1074 | justice programs and services, students, parents, and advocates. | 
| 1075 | Private providers of juvenile justice programs may not exceed | 
| 1076 | one-third of the voting membership. | 
| 1077 | (i)  Representatives of the faith community. | 
| 1078 | (j)  Representatives of victim-service programs and victims | 
| 1079 | of crimes. | 
| 1080 | (k)  Representatives of the Department of Corrections. | 
| 1081 | Section 11.  Section 784.075, Florida Statutes, is amended | 
| 1082 | to read: | 
| 1083 | 784.075  Battery on detention or commitment facility staff | 
| 1084 | or a juvenile probation officer.--A person who commits a battery | 
| 1085 | on a juvenile probation officer, as defined in s. 984.03 or s. | 
| 1086 | 985.03, on other staff of a detention center or facility as | 
| 1087 | defined in s. 984.03(19) or s. 985.03(20) (19), or on a staff | 
| 1088 | member of a commitment facility as defined in s. 985.03(46) (45), | 
| 1089 | commits a felony of the third degree, punishable as provided in | 
| 1090 | s. 775.082, s. 775.083, or s. 775.084. For purposes of this | 
| 1091 | section, a staff member of the facilities listed includes | 
| 1092 | persons employed by the Department of Juvenile Justice, persons | 
| 1093 | employed at facilities licensed by the Department of Juvenile | 
| 1094 | Justice, and persons employed at facilities operated under a | 
| 1095 | contract with the Department of Juvenile Justice. | 
| 1096 | Section 12.  Section 984.05, Florida Statutes, is amended | 
| 1097 | to read: | 
| 1098 | 984.05  Rules relating to habitual truants; adoption by | 
| 1099 | State Board of Education and Department of Juvenile | 
| 1100 | Justice.--The Department of Juvenile Justice and the State Board | 
| 1101 | of Education shall work together on the development of, and | 
| 1102 | shall adopt, rules as necessary for the implementation of ss. | 
| 1103 | 984.03(27), 985.03(26) (25), and 1003.27. | 
| 1104 | Section 13.  Paragraph (e) of subsection (3) and paragraph | 
| 1105 | (a) of subsection (4) of section 985.31, Florida Statutes, are | 
| 1106 | amended to read: | 
| 1107 | 985.31  Serious or habitual juvenile offender.-- | 
| 1108 | (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND | 
| 1109 | TREATMENT.-- | 
| 1110 | (e)  After a child has been adjudicated delinquent pursuant | 
| 1111 | to s. 985.228, the court shall determine whether the child meets | 
| 1112 | the criteria for a serious or habitual juvenile offender | 
| 1113 | pursuant to s. 985.03(49) (48). If the court determines that the | 
| 1114 | child does not meet such criteria, the provisions of s. | 
| 1115 | 985.231(1) shall apply. | 
| 1116 | (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- | 
| 1117 | (a)  Pursuant to the provisions of this section, the | 
| 1118 | department shall implement the comprehensive assessment | 
| 1119 | instrument for the treatment needs of serious or habitual | 
| 1120 | juvenile offenders and for the assessment, which assessment | 
| 1121 | shall include the criteria under s. 985.03(49) (48)and shall | 
| 1122 | also include, but not be limited to, evaluation of the child's: | 
| 1123 | 1.  Amenability to treatment. | 
| 1124 | 2.  Proclivity toward violence. | 
| 1125 | 3.  Tendency toward gang involvement. | 
| 1126 | 4.  Substance abuse or addiction and the level thereof. | 
| 1127 | 5.  History of being a victim of child abuse or sexual | 
| 1128 | abuse, or indication of sexual behavior dysfunction. | 
| 1129 | 6.  Number and type of previous adjudications, findings of | 
| 1130 | guilt, and convictions. | 
| 1131 | 7.  Potential for rehabilitation. | 
| 1132 | Section 14.  Section 985.3141, Florida Statutes, is amended | 
| 1133 | to read: | 
| 1134 | 985.3141  Escapes from secure detention or residential | 
| 1135 | commitment facility.--An escape from: | 
| 1136 | (1)  Any secure detention facility maintained for the | 
| 1137 | temporary detention of children, pending adjudication, | 
| 1138 | disposition, or placement; | 
| 1139 | (2)  Any residential commitment facility described in s. | 
| 1140 | 985.03(46) (45), maintained for the custody, treatment, | 
| 1141 | punishment, or rehabilitation of children found to have | 
| 1142 | committed delinquent acts or violations of law; or | 
| 1143 | (3)  Lawful transportation to or from any such secure | 
| 1144 | detention facility or residential commitment facility, | 
| 1145 | 
 | 
| 1146 | constitutes escape within the intent and meaning of s. 944.40 | 
| 1147 | and is a felony of the third degree, punishable as provided in | 
| 1148 | s. 775.082, s. 775.083, or s. 775.084. | 
| 1149 | Section 15.  This act shall take effect July 1, 2005. |