Senate Bill sb2656c1

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    Florida Senate - 2005                           CS for SB 2656

    By the Committee on Criminal Justice; and Senator Wise





    591-2186A-05

  1                      A bill to be entitled

  2         An act relating to juvenile justice;

  3         reorganizing ch. 985, F.S.; providing new

  4         section numbers and part titles; amending s.

  5         985.01, F.S., relating to purposes and intent

  6         for the chapter; amending s. 985.02, F.S.,

  7         relating to the legislative intent for the

  8         juvenile justice system; revising a reference

  9         and cross-references to conform; amending s.

10         985.03, F.S., relating to definitions for the

11         chapter; amending, renumbering, and revising

12         references and cross-references to conform;

13         creating s. 985.0301, F.S., relating to the

14         jurisdiction of the juvenile court; amending

15         and renumbering s. 985.201, F.S.; amending and

16         renumbering a provision of s. 985.219, F.S.,

17         that relates to such jurisdiction; amending and

18         redesignating a provision of s. 985.231, F.S.,

19         that relates to such jurisdiction; amending and

20         redesignating a provision of s. 985.31, F.S.,

21         that relates to such jurisdiction; amending and

22         redesignating a provision of s. 985.313, F.S.,

23         that relates to such jurisdiction; revising

24         references and cross-references to conform;

25         creating s. 985.032, F.S., relating to legal

26         representation for delinquency cases;

27         renumbering s. 985.202, F.S.; creating s.

28         985.033, F.S., relating to the right to

29         counsel; amending and renumbering s. 985.203,

30         F.S.; revising references to conform; creating

31         s. 985.035, F.S., relating to open hearings;

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    Florida Senate - 2005                           CS for SB 2656
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 1         renumbering s. 985.205, F.S.; creating s.

 2         985.036, F.S., relating to the rights of

 3         victims in juvenile proceedings; amending and

 4         renumbering s. 985.206, F.S.; providing for the

 5         release of certain information to victims;

 6         creating s. 985.037, F.S., relating to

 7         punishment for contempt of court and

 8         alternative sanctions; amending and renumbering

 9         s. 985.216, F.S.; revising provisions relating

10         to contempt of court; creating s. 985.039,

11         F.S., relating to the cost of supervision and

12         care; renumbering s. 985.2311, F.S.; amending

13         and renumbering s. 985.04, F.S.; clarifying a

14         provision relating to the release of certain

15         information; revising references and

16         cross-references to conform; creating s.

17         985.045, F.S., relating to court records;

18         amending and renumbering s. 985.05, F.S.;

19         revising references and cross-references to

20         conform; creating s. 985.046, F.S., relating to

21         the statewide information-sharing system and

22         interagency workgroup; renumbering s. 985.06,

23         F.S.; creating s. 985.047, F.S., relating to

24         information systems; renumbering s. 985.08,

25         F.S.; creating s. 985.101, F.S., relating to

26         taking a child into custody; amending and

27         renumbering s. 985.207, F.S.; creating s.

28         985.105, F.S., relating to intake and case

29         management; renumbering s. 985.2075, F.S.;

30         renumbering a provision of s. 985.215, F.S.,

31         relating to transporting a child who has been

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    Florida Senate - 2005                           CS for SB 2656
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 1         taken into custody; revising a reference and

 2         cross-references to conform; creating s.

 3         985.105, F.S., relating to youth custody

 4         officers; renumbering s. 985.2075, F.S.;

 5         creating s. 985.11, F.S., relating to

 6         fingerprinting and photographing; amending and

 7         renumbering s. 985.212, F.S.; revising a

 8         cross-reference to conform; creating s.

 9         985.115, F.S., relating to release or delivery

10         from custody; amending and renumbering

11         provisions of s. 985.211, F.S., that relate to

12         such release or delivery; revising

13         cross-references to conform; creating s.

14         985.12, F.S., relating to civil citations;

15         amending and renumbering s. 985.301, F.S.;

16         revising a cross-reference to conform; creating

17         s. 985.125, F.S., relating to prearrest or

18         postarrest diversion programs; renumbering s.

19         985.3065, F.S.; creating s. 985.13, F.S.,

20         relating to probable cause affidavits; amending

21         and renumbering provisions of s. 985.211, F.S.,

22         that relate to probable cause affidavits and

23         certain requirements upon the taking of a child

24         into custody; revising cross-references to

25         conform; creating s. 985.135, F.S., relating to

26         juvenile assessment centers; renumbering s.

27         985.209, F.S.; creating s. 985.14, F.S.,

28         relating to the intake and case management

29         system; amending, renumbering, and

30         redesignating provisions of s. 985.21, F.S.,

31         that relate to intake and case management;

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    Florida Senate - 2005                           CS for SB 2656
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 1         revising cross-references to conform; creating

 2         s. 985.145, F.S., relating to the

 3         responsibilities of the juvenile probation

 4         officer during intake and to screenings and

 5         assessments; amending and redesignating

 6         provisions of s. 985.21, F.S., that relate to

 7         such responsibilities, screenings, and

 8         assessments; revising cross-references to

 9         conform; creating s. 985.15, F.S., relating to

10         filing decisions in juvenile cases; amending

11         and redesignating provisions of s. 985.21,

12         F.S., that relate to such decisions; revising

13         cross-references to conform; creating s.

14         985.155, F.S., relating to neighborhood

15         restorative justice; renumbering s. 985.303,

16         F.S.; creating s. 985.16, F.S., relating to

17         community arbitration; amending and renumbering

18         s. 985.304; F.S.; revising a reference to

19         conform; creating s. 985.18, F.S., relating to

20         medical, psychiatric, psychological, substance

21         abuse, and educational examination and

22         treatment; renumbering s. 985.224, F.S.;

23         redesignating a provision of s. 985.215, F.S.,

24         that relates to comprehensive evaluations of

25         certain youth; creating s. 985.185, F.S.,

26         relating to evaluations for dispositions;

27         amending and renumbering provisions of s.

28         985.229, F.S., that relate to such evaluations;

29         creating s. 985.19, F.S., relating to

30         incompetency in juvenile delinquency cases;

31         renumbering s. 985.223, F.S.; creating s.

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    Florida Senate - 2005                           CS for SB 2656
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 1         985.195, F.S., relating to transfer to other

 2         treatment services; renumbering s. 985.418,

 3         F.S.; creating s. 985.24, F.S., relating to the

 4         use of detention and to prohibitions on the use

 5         of detention; renumbering provisions of s.

 6         985.213, F.S., that relate to the use of

 7         detention; renumbering s. 985.214, F.S.;

 8         creating s. 985.245, F.S., relating to the risk

 9         assessment instrument; amending and renumbering

10         a provision of s. 985.213, F.S., that relates

11         to such instrument; revising cross-references

12         to conform; creating s. 985.25, F.S., relating

13         to detention intake; amending, renumbering, and

14         redesignating provisions of s. 985.215, F.S.,

15         that relate to detention intake; revising

16         cross-references to conform; creating s.

17         985.255, F.S., relating to detention criteria

18         and detention hearings; amending and

19         renumbering a provision of s. 985.215, F.S.,

20         that relates to such criteria and hearings;

21         revising cross-references to conform; amending

22         and redesignating a provision of s. 985.213,

23         F.S., that relates to such criteria and

24         hearings in circumstances involving domestic

25         violence; revising a cross-reference to

26         conform; creating s. 985.26, F.S., relating to

27         length of detention; amending, renumbering, and

28         redesignating provisions of s. 985.215, F.S.,

29         that relate to length of detention; revising

30         cross-references to conform; creating s.

31         985.265, F.S., relating to detention transfer

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    Florida Senate - 2005                           CS for SB 2656
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 1         and release, education of juvenile offenders

 2         while in detention or on detention status, and

 3         holding of juvenile offenders in adult jails;

 4         amending and renumbering provisions of s.

 5         985.215, F.S., that relate to transfer,

 6         release, and holding juvenile offenders in

 7         adult jails; renumbering a provision of s.

 8         985.213, F.S., that relates to education of

 9         juvenile offenders while in detention or on

10         detention status; revising references and

11         cross-references to conform; creating s.

12         985.27, F.S., relating to postcommitment

13         detention of juvenile offenders while such

14         offenders are awaiting residential placement;

15         amending and redesignating provisions of s.

16         985.215, F.S., that relate to such detention;

17         limiting the use of such detention; revising

18         references to "detention" to clarify that such

19         term means "secure detention" in certain

20         circumstances; creating s. 985.275, F.S.,

21         relating to the detention of an escapee;

22         amending and renumbering s. 985.208, F.S.;

23         revising a cross-reference to conform; creating

24         s. 985.318, F.S., relating to petitions;

25         renumbering s. 985.218, F.S.; creating s.

26         985.319, F.S., relating to process and service;

27         renumbering provisions of s. 985.219, F.S.,

28         that relate to process and service; creating s.

29         985.325, relating to prohibitions against

30         threatening or dismissing employees; amending

31         and renumbering s. 985.22, F.S.; revising

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    Florida Senate - 2005                           CS for SB 2656
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 1         cross-references to conform; creating s.

 2         985.331, F.S., relating to court and witness

 3         fees; renumbering s. 985.221, F.S.; creating s.

 4         985.335, F.S., relating to answering a

 5         petition; renumbering s. 985.222, F.S.;

 6         creating s. 985.345, F.S., relating to

 7         delinquency pretrial intervention programs;

 8         renumbering s. 985.306, F.S.; creating s.

 9         985.35, F.S., relating to adjudicatory

10         hearings, withholding of adjudication, and

11         orders of adjudication; amending and

12         renumbering s. 985.228, F.S.; repealing a

13         provision prohibiting a person from possessing

14         a firearm in certain circumstances; revising a

15         reference and cross-references to conform;

16         creating s. 985.43, F.S., relating to

17         predisposition reports and other evaluations;

18         amending and renumbering provisions of s.

19         985.229, F.S., that relate to such reports and

20         evaluations; revising cross-references to

21         conform; creating s. 985.433, F.S., relating to

22         disposition hearings in delinquency cases;

23         amending and renumbering s. 985.23, F.S.;

24         clarifying who is considered a party to a

25         juvenile case; specifying who must be given an

26         opportunity to comment on the issue of

27         disposition; revising cross-references to

28         conform; amending a provision of s. 985.231,

29         F.S., relating to requirement of written

30         disposition orders; creating s. 985.435, F.S.,

31         relating to probation, postcommitment

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    Florida Senate - 2005                           CS for SB 2656
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 1         probation, and community service; amending and

 2         redesignating a provision of s. 985.231, F.S.,

 3         relating to probation, postcommitment

 4         probation, and community control; creating s.

 5         985.437, F.S., relating to restitution;

 6         amending and redesignating provisions of s.

 7         985.231, F.S., that relate to restitution;

 8         revising a reference and cross-reference to

 9         conform; creating s. 985.439, F.S., relating to

10         violations of probation or postcommitment

11         probation; amending and redesignating

12         provisions of s. 985.231, F.S., that relate to

13         such violations; revising cross-references to

14         conform; creating s. 985.441, F.S., relating to

15         commitment; amending and redesignating

16         provisions of s. 985.231, F.S., that relate to

17         commitment; providing a requirement for

18         commitment of a child as a juvenile sexual

19         offender; revising cross-references to conform;

20         renumbering a provision of s. 985.404, F.S.,

21         that relates to transfers of the child to

22         administer commitment; creating s. 985.442,

23         F.S., relating to the form of commitment;

24         renumbering s. 985.232, F.S.; creating s.

25         985.445, F.S., relating to disposition of

26         delinquency cases involving grand theft of a

27         motor vehicle; amending and redesignating a

28         provision of s. 985.231, F.S., that relates to

29         disposition in such cases; creating s. 985.45,

30         F.S., relating to liability and remuneration

31         for work; amending and redesignating a

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 1         provision of s. 985.231, F.S., that relates to

 2         liability and remuneration; creating s.

 3         985.455, F.S., relating to other dispositional

 4         issues; amending and redesignating provisions

 5         of s. 985.231, F.S., that relate to

 6         determination of sanctions, rehabilitation

 7         programs, and certain contact with the victim

 8         subsequent to disposition; redesignating

 9         provisions of s. 985.231, F.S., that specify

10         the duration of commitment and suspension of

11         disposition; revising a cross-reference to

12         conform; creating s. 985.46, F.S., relating to

13         conditional release; amending and renumbering

14         s. 985.316, F.S.; revising a cross-reference to

15         conform; creating s. 985.465, F.S., relating to

16         juvenile correctional facilities and juvenile

17         prisons; amending and renumbering s. 985.313,

18         F.S.; creating s. 985.47, F.S., relating to

19         serious and habitual juvenile offenders;

20         amending and renumbering a provision of s.

21         985.03, F.S., that relates to such offenders;

22         amending and renumbering s. 985.31, F.S.;

23         revising a reference and cross-references to

24         conform; creating s. 985.475, F.S., relating to

25         juvenile sexual offenders; amending and

26         renumbering a provision of s. 985.03, F.S.,

27         that relates to such offenders; revising a

28         cross-reference to conform; amending and

29         renumbering a provision of s. 985.231, F.S.,

30         that relates to such offenders; revising

31         cross-references to conform; creating s.

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 1         985.48, F.S., relating to juvenile sexual

 2         offender commitment programs and sexual abuse

 3         intervention networks; renumbering s. 985.308,

 4         F.S.; creating s. 985.483, F.S., relating to

 5         intensive residential treatment programs for

 6         juvenile offenders less than 13 years of age;

 7         amending and renumbering a provision of s.

 8         985.03, F.S., that relates to such offenders;

 9         amending and renumbering s. 985.311, F.S.;

10         revising cross-references to conform; creating

11         s. 985.486, F.S, relating to the prerequisites

12         for commitment of juvenile offenders less than

13         13 years of age to intensive residential

14         treatment programs; amending and renumbering s.

15         985.312, F.S.; revising cross-references to

16         conform; creating s. 985.489, F.S., relating to

17         boot camp for children; amending and

18         renumbering s. 985.309, F.S.; revising

19         cross-references to conform; creating s.

20         985.494, F.S., relating to commitment programs

21         for juvenile felony offenders; amending and

22         renumbering s. 985.314, F.S.; revising

23         cross-references to conform; creating s.

24         985.511, F.S., relating to the child's right to

25         counsel and the cost of representation;

26         amending and renumbering a provision of s.

27         985.41, F.S., that relates to such rights and

28         costs; amending and renumbering a provision of

29         s. 985.2155, F.S., as amended by ch. 2003-402,

30         Laws of Florida, that relates to such rights

31         and costs; creating s. 985.512, F.S., relating

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 1         to the powers of the court with respect to

 2         certain children; renumbering s. 985.204, F.S.;

 3         creating s. 985.513, F.S., relating to the

 4         powers of the court over parents or guardians

 5         at disposition of the child's case; amending

 6         and redesignating provisions of s. 985.231,

 7         F.S., that relate to such powers; revising

 8         cross-references to conform; creating s.

 9         985.514, F.S., relating to the responsibilities

10         of the parents or guardians of a child for

11         certain fees related to the cost of care;

12         amending and redesignating a provision of s.

13         985.215, F.S., that relates to such

14         responsibilities; revising a cross-reference to

15         conform; amending and redesignating a provision

16         of s. 985.231, F.S., that relates to such

17         responsibilities; revising a cross-reference to

18         conform; amending and redesignating a provision

19         of s. 985.233, F.S., that relates to such

20         responsibilities; revising a cross-reference to

21         conform; creating s. 985.534, F.S., relating to

22         appeals in juvenile cases; renumbering s.

23         985.234, F.S.; creating s. 985.535, F.S.,

24         relating to time for taking appeal by the

25         state; renumbering s. 985.235, F.S.; creating

26         s. 985.536, F.S., relating to orders or

27         decisions when the state appeals; renumbering

28         s. 985.236, F.S.; creating s. 985.556, F.S.,

29         relating to voluntary and involuntary waivers

30         of juvenile court jurisdiction and hearings for

31         such waivers; amending and renumbering s.

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 1         985.226, F.S.; revising cross-references to

 2         conform; creating s. 985.557, F.S., relating to

 3         discretionary and mandatory criteria for the

 4         direct filing of an information against a

 5         juvenile offender in the criminal division of

 6         the circuit court; amending and renumbering s.

 7         985.227, F.S.; revising cross-references to

 8         conform; creating s. 985.56, F.S., relating to

 9         indictment of juvenile offenders; amending and

10         renumbering s. 985.225, F.S.; revising a

11         reference and cross-references to conform;

12         creating s. 985.565, F.S., relating to powers,

13         procedures, and alternatives available to the

14         court when sentencing juvenile offenders

15         prosecuted as adults; amending, renumbering,

16         and redesignating provisions of s. 985.233,

17         F.S., that relate to such powers, procedures,

18         and alternatives; revising cross-references to

19         conform; creating s. 985.57, F.S., relating to

20         the transfer of children from the Department of

21         Corrections to the Department of Juvenile

22         Justice; renumbering s. 985.417; creating s.

23         985.601, F.S., relating to administering the

24         juvenile justice continuum; renumbering

25         provisions of s. 985.404, F.S., that relate to

26         such administration; creating s. 985.605, F.S.,

27         relating to requirements for prevention service

28         programs; amending and renumbering s. 985.3045,

29         F.S.; revising cross-references to conform;

30         creating s. 985.606, F.S., relating to

31         requirements for agencies and entities

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 1         providing prevention services; amending and

 2         renumbering s. 985.3046, F.S.; revising a

 3         cross-reference to conform; creating s. 985.61,

 4         F.S., relating to criteria for early

 5         delinquency intervention programs; renumbering

 6         s. 985.305, F.S.; creating s. 985.614, F.S.,

 7         relating to interagency cooperation for

 8         children who are locked out of their homes;

 9         renumbering s. 985.2066, F.S.; creating s.

10         985.618, F.S., relating to educational and

11         career-related programs; amending and

12         renumbering s. 985.315, F.S.; revising a

13         cross-reference to conform; creating s.

14         985.622, F.S., relating to a multiagency plan

15         for vocational education; renumbering s.

16         985.3155, F.S.; creating s. 985.625, F.S.,

17         relating to literacy programs for juvenile

18         offenders; amending and renumbering s. 985.317,

19         F.S.; revising a cross-reference to conform;

20         creating s. 985.629, F.S., relating to

21         contracts for the transfer of Florida children

22         in federal custody; renumbering s. 985.419,

23         F.S.; creating s. 985.632, F.S., relating to

24         quality assurance and cost-effectiveness;

25         renumbering s. 985.412, F.S.; creating s.

26         985.636, F.S., relating to the Office of the

27         Inspector General within the Department of

28         Juvenile Justice; renumbering s. 985.42, F.S.;

29         creating s. 985.64, F.S., relating to the

30         authority of the Department of Juvenile Justice

31         to adopt rules; renumbering s. 985.405, F.S.;

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 1         creating s. 985.644, F.S., relating to the

 2         contracting powers and the personnel standards

 3         and screening requirements of the Department of

 4         Juvenile Justice; renumbering a provision of s.

 5         985.01, F.S., that relates to such powers;

 6         renumbering s. 985.407, F.S.; creating s.

 7         985.648, F.S., relating to consultants;

 8         renumbering s. 985.408, F.S.; creating s.

 9         985.652, F.S., relating to participation of

10         certain juvenile programs in the State Risk

11         Management Trust Fund; renumbering s. 985.409,

12         F.S.; creating s. 985.66, F.S., relating to

13         juvenile justice training academies, the

14         Juvenile Justice Standards and Training

15         Commission, and the Juvenile Justice Trust

16         Fund; amending and renumbering s. 985.406,

17         F.S.; revising a cross-reference to conform;

18         creating s. 985.664, F.S., relating to juvenile

19         justice circuit boards and juvenile justice

20         county councils; amending and renumbering s.

21         985.4135, F.S.; revising a cross-reference to

22         conform; creating s. 985.668, F.S., relating to

23         innovation zones; renumbering s. 985.416, F.S.;

24         creating s. 985.672, F.S., relating to

25         direct-support organizations; renumbering s.

26         985.4145, F.S.; creating s. 985.9475, F.S.,

27         relating to community juvenile justice

28         partnership grants; amending and renumbering s.

29         985.415, F.S.; revising cross-references to

30         conform; creating s. 985.68, F.S., relating to

31         the Task Force on Juvenile Sexual Offenders and

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 1         their Victims; renumbering s. 985.403, F.S.;

 2         creating s. 985.682, F.S., relating to studies

 3         and criteria for siting juvenile facilities;

 4         amending and renumbering s. 985.41, F.S.;

 5         creating s. 985.686, F.S., relating to shared

 6         county and state responsibility for juvenile

 7         detention; renumbering s. 985.2155, F.S.;

 8         creating s. 985.688, F.S., relating to

 9         administering county and municipal delinquency

10         programs and facilities; amending and

11         renumbering s. 985.411, F.S.; revising a

12         cross-reference to conform; creating s. 985.69,

13         F.S., relating to one-time startup funding for

14         juvenile justice purposes; renumbering s.

15         985.4075, F.S.; creating s. 985.692, F.S.,

16         relating to the Juvenile Welfare Trust Fund;

17         renumbering s. 985.4041, F.S.; creating s.

18         985.694, F.S., relating to the Juvenile Care

19         and Maintenance Trust Fund; renumbering s.

20         985.4042, F.S.; creating s. 985.701, F.S.,

21         relating to prohibiting sexual misconduct,

22         reporting requirements, and penalties;

23         renumbering s. 985.4045, F.S.; creating s.

24         985.711, F.S., relating to penalties for the

25         introduction, removal, or possession of certain

26         articles; renumbering s. 985.4046, F.S.;

27         creating s. 985.721, F.S., relating to escapes

28         from secure detention or residential commitment

29         facilities; amending and renumbering s.

30         985.3141, F.S.; revising a cross-reference to

31         conform; creating s. 985.731, F.S., relating to

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 1         sheltering or aiding unmarried minors;

 2         renumbering s. 985.2065, F.S.; creating s.

 3         985.801, F.S., relating to legislative

 4         findings, policy, and implementation of the

 5         Interstate Compact on Juveniles; renumbering s.

 6         985.501, F.S.; creating s. 985.802, F.S.,

 7         relating to execution of the interstate

 8         compact; renumbering s. 985.502, F.S.; creating

 9         s. 985.803, F.S., relating to the administrator

10         of the juvenile compact; renumbering s.

11         985.503, F.S.; creating s. 985.804, F.S.,

12         relating to supplementary agreements to the

13         compact; renumbering s. 985.504, F.S.; creating

14         s. 985.805, F.S., relating to financial

15         arrangements related to the compact;

16         renumbering s. 985.505, F.S.; creating s.

17         985.806, F.S., relating to the responsibilities

18         of state departments, agencies, and officers;

19         renumbering s. 985.506, F.S.; creating s.

20         985.807, F.S., relating to procedures in

21         addition to those provided under the compact;

22         renumbering s. 985.507, F.S.; repealing ss.

23         985.215(6), 985.231(1)(b), (c), (f), and (i),

24         and (2) and 985.233(4)(d), F.S.; amending ss.

25         29.004, 29.008, 253.025, 318.21, 397.334,

26         400.953, 419.001, 435.04, 784.075, 790.115,

27         790.22, 921.0022, 938.10, 943.053, 943.0582,

28         943.0585, 943.059, 948.51, 958.046, 960.001,

29         984.03, 984.05, 984.09, 984.226, 1003.52,

30         1006.08, 1006.13, and 1012.797, F.S.;

31  

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 1         conforming cross-references; providing an

 2         effective date.

 3  

 4         WHEREAS, the Legislature recognizes that chapter 985,

 5  Florida Statutes, entitled "DELINQUENCY; INTERSTATE COMPACT ON

 6  JUVENILES," which sets forth the policies and procedures

 7  applicable to Florida's juvenile justice system, has become

 8  disjointed and unorganized due to numerous amendments since

 9  its original enactment and that, as a result, it is difficult

10  for judges, attorneys, affected parties, and the public to use

11  the chapter in practice, and

12         WHEREAS, the Legislature recognizes that chapter 985,

13  Florida Statutes, would be better organized and easier to use

14  if it provided a chronological presentation of delinquency

15  proceedings from the introduction of the child into the

16  juvenile justice system to the child's case outcome and if

17  each section of the chapter was topically organized to contain

18  all related policies and procedures, and

19         WHEREAS, the Legislature intends for the following

20  legislation to strictly effect a technical reorganization of

21  chapter 985, Florida Statutes, without any substantive change

22  to its contents, for the purpose of simplifying the chapter's

23  presentation and providing greater clarity for its users, NOW,

24  THEREFORE,

25  

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

27  

28         Section 1.  The provisions of chapter 985, Florida

29  Statutes, are substantially reorganized and renumbered or

30  redesignated as follows:

31  

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 1         (1)  Chapter 985, Florida Statutes, is retitled

 2  "JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES."

 3         (2)  Part I of chapter 985, Florida Statutes,

 4  consisting of sections 985.01, 985.02, 985.03, 985.0301,

 5  985.032, 985.033, 985.035, 985.036, 985.037, and 985.039,

 6  Florida Statutes, is to be titled "GENERAL PROVISIONS."

 7         (3)  Part II of chapter 985, Florida Statutes,

 8  consisting of sections 985.04, 985.045, 985.046, and 985.047,

 9  Florida Statutes, is retitled "RECORDS AND INFORMATION."

10         (4)  Part III of chapter 985, Florida Statutes,

11  consisting of sections 985.101, 985.105, 985.11, 985.115,

12  985.12, 985.125, 985.13, 985.135, 985.14, 985.145, 985.15,

13  985.155, and 985.16, Florida Statutes, is retitled "CUSTODY

14  AND INTAKE; INTERVENTION AND DIVERSION."

15         (5)  Part IV of chapter 985, Florida Statutes,

16  consisting of sections 985.18, 985.185, 985.19, and 985.195,

17  Florida Statutes, is retitled "EXAMINATIONS AND EVALUATIONS."

18         (6)  Part V of chapter 985, Florida Statutes,

19  consisting of sections 985.24, 985.245, 985.25, 985.255,

20  985.26, 985.265, 985.27, and 985.275, Florida Statutes, is

21  retitled "DETENTION."

22         (7)  Part VI of chapter 985, Florida Statutes,

23  consisting of sections 985.318, 985.319, 985.325, 985.331,

24  985.335, 985.345, and 985.35, Florida Statutes, is created and

25  entitled "PETITION, ARRAIGNMENT, AND ADJUDICATION."

26         (8)  Part VII of chapter 985, Florida Statutes,

27  consisting of sections 985.43, 985.433, 985.435, 985.437,

28  985.439, 985.441, 985.442, 985.445, 985.45, 985.455, 985.46,

29  985.465, 985.47, 985.475, 985.48, 985.483, 985.486, 985.489,

30  and 985.494, Florida Statutes, is created and entitled

31  "DISPOSITION; POSTDISPOSITION."

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 1         (9)  Part VIII of chapter 985, Florida Statutes,

 2  consisting of sections 985.511, 985.512, 985.513, and 985.514,

 3  Florida Statutes, is created and entitled "AUTHORITY OF THE

 4  COURT OVER PARENTS OR GUARDIANS."

 5         (10)  Part IX of chapter 985, Florida Statutes,

 6  consisting of sections 985.534, 985.535, and 985.536, Florida

 7  Statutes, is created and entitled "APPEAL."

 8         (11)  Part X of chapter 985, Florida Statutes,

 9  consisting of sections 985.556, 985.557, 985.56, 985.565, and

10  985.57, Florida Statutes, is created and entitled "TRANSFER TO

11  ADULT COURT."

12         (12)  Part XI of chapter 985, Florida Statutes,

13  consisting of sections 985.601, 985.605, 985.606, 985.61,

14  985.614, 985.618, 985.622, 985.625, 985.629, 985.632, 985.636,

15  985.64, 985.644, 985.648, 985.652, 985.66, 985.664, 985.668,

16  985.672, 985.9475, 985.68, 985.682, 985.686, 985.688, 985.69,

17  985.692, and 985.694, Florida Statutes, is created and

18  entitled "DEPARTMENT OF JUVENILE JUSTICE."

19         (13)  Part XII of chapter 985, Florida Statutes,

20  consisting of sections 985.701, 985.711, 985.721, and 985.731,

21  Florida Statutes, is created and entitled "MISCELLANEOUS

22  OFFENSES."

23         (14)  Part XIII of chapter 985, Florida Statutes,

24  consisting of sections 985.801, 985.802, 985.803, 985.804,

25  985.805, 985.806, and 985.807, Florida Statutes, is created

26  and entitled "INTERSTATE COMPACT ON JUVENILES."

27         Section 2.  Paragraph (f) of subsection (1) and

28  subsection (3) of section 985.01, Florida Statutes, are

29  amended to read:

30         985.01  Purposes and intent; personnel standards and

31  screening.--

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 1         (1)  The purposes of this chapter are:

 2         (f)  To provide children committed to the department of

 3  Juvenile Justice with training in life skills, including

 4  career education.

 5         (2)(3)  It is the intent of the Legislature that this

 6  chapter be liberally interpreted and construed in conformity

 7  with its declared purposes.

 8         Section 3.  Paragraph (a) of subsection (4) of section

 9  985.02, Florida Statutes, is amended to read:

10         985.02  Legislative intent for the juvenile justice

11  system.--

12         (4)  DETENTION.--

13         (a)  The Legislature finds that there is a need for a

14  secure placement for certain children alleged to have

15  committed a delinquent act. The Legislature finds that

16  detention under part II should be used only when less

17  restrictive interim placement alternatives prior to

18  adjudication and disposition are not appropriate. The

19  Legislature further finds that decisions to detain should be

20  based in part on a prudent assessment of risk and be limited

21  to situations where there is clear and convincing evidence

22  that a child presents a risk of failing to appear or presents

23  a substantial risk of inflicting bodily harm on others as

24  evidenced by recent behavior; presents a history of committing

25  a serious property offense prior to adjudication, disposition,

26  or placement; has acted in direct or indirect contempt of

27  court; or requests protection from imminent bodily harm.

28         Section 4.  Subsections (1) through (6), (8) through

29  (30), (32) through (47), and (49) through (59) of section

30  985.03, Florida Statutes, are renumbered, respectively, as

31  subsections (1) through (6), (7) through (29), (30) through

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 1  (45), and (46) through (56) and subsections (2), (9), (15),

 2  (20), (21), (45), and (59) of that section are amended, to

 3  read:

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

 5  term:

 6         (2)  "Adjudicatory hearing" means a hearing for the

 7  court to determine whether or not the facts support the

 8  allegations stated in the petition, as is provided for under

 9  s. 985.35 985.228 in delinquency cases.

10         (8)(9)  "Child who has been found to have committed a

11  delinquent act" means a child who, under pursuant to the

12  provisions of this chapter, is found by a court to have

13  committed a violation of law or to be in direct or indirect

14  contempt of court, except that this definition shall not

15  include an act constituting contempt of court arising out of a

16  dependency proceeding or a proceeding concerning a child or

17  family in need of services pursuant to part III of this

18  chapter.

19         (14)(15)(a)  "Delinquency program" means any intake,

20  probation, or similar program; regional detention center or

21  facility; or community-based program, whether owned and

22  operated by or contracted by the department of Juvenile

23  Justice, or institution owned and operated by or contracted by

24  the department of Juvenile Justice, that which provides

25  intake, supervision, or custody and care of children who are

26  alleged to be or who have been found to be delinquent under

27  this chapter pursuant to part II.

28         (b)  "Delinquency program staff" means supervisory and

29  direct care staff of a delinquency program as well as support

30  staff who have direct contact with children in a delinquency

31  program.

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 1         (c)  "Delinquency prevention programs" means programs

 2  designed for the purpose of reducing the occurrence of

 3  delinquency, including youth and street gang activity, and

 4  juvenile arrests. The term excludes arbitration, diversionary

 5  or mediation programs, and community service work or other

 6  treatment available subsequent to a child committing a

 7  delinquent act.

 8         (19)(20)  "Detention hearing" means a hearing for the

 9  court to determine if a child should be placed in temporary

10  custody, as provided for under part V ss. 985.213 and 985.215

11  in delinquency cases.

12         (20)(21)  "Disposition hearing" means a hearing in

13  which the court determines the most appropriate dispositional

14  services in the least restrictive available setting provided

15  for under part VII s. 985.231, in delinquency cases.

16         (43)(45)  "Residential commitment level" means the

17  level of security provided by programs that service the

18  supervision, custody, care, and treatment needs of committed

19  children. Sections 985.721 985.3141 and 985.601(10)

20  985.404(11) apply to children placed in programs at any

21  residential commitment level. The levels of residential

22  commitment are as follows:

23         (a)  Low-risk residential.--Programs or program models

24  at this commitment level are residential but may allow youth

25  to have unsupervised access to the community. Youth assessed

26  and classified for placement in programs at this commitment

27  level represent a low risk to themselves and public safety but

28  do require placement and services in residential settings.

29  Children who have been found to have committed delinquent acts

30  that involve firearms, delinquent acts that are sexual

31  offenses, or delinquent acts that would be life felonies or

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 1  first degree felonies if committed by an adult shall not be

 2  committed to a program at this level.

 3         (b)  Moderate-risk residential.--Programs or program

 4  models at this commitment level are residential but may allow

 5  youth to have supervised access to the community. Facilities

 6  are either environmentally secure, staff secure, or are

 7  hardware-secure with walls, fencing, or locking doors.

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

 9  care, and treatment of residents. Youth assessed and

10  classified for placement in programs at this commitment level

11  represent a moderate risk to public safety and require close

12  supervision. The staff at a facility at this commitment level

13  may seclude a child who is a physical threat to himself or

14  herself or others. Mechanical restraint may also be used when

15  necessary.

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

17  at this commitment level are residential and shall not allow

18  youth to have access to the community. Facilities are

19  hardware-secure with perimeter fencing and locking doors.

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

21  care, and treatment of residents. Youth assessed and

22  classified for this level of placement require close

23  supervision in a structured residential setting. Placement in

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

25  safety that outweighs placement in programs at lower

26  commitment levels. The staff at a facility at this commitment

27  level may seclude a child who is a physical threat to himself

28  or herself or others. Mechanical restraint may also be used

29  when necessary. The facility may provide for single cell

30  occupancy.

31  

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 1         (d)  Maximum-risk residential.--Programs or program

 2  models at this commitment level include juvenile correctional

 3  facilities and juvenile prisons. The programs are long-term

 4  residential and shall not allow youth to have access to the

 5  community. Facilities are maximum-custody hardware-secure with

 6  perimeter security fencing and locking doors. Facilities shall

 7  provide 24-hour awake supervision, custody, care, and

 8  treatment of residents. The staff at a facility at this

 9  commitment level may seclude a child who is a physical threat

10  to himself or herself or others. Mechanical restraint may also

11  be used when necessary. The facility shall provide for single

12  cell occupancy, except that youth may be housed together

13  during prerelease transition. Youth assessed and classified

14  for this level of placement require close supervision in a

15  maximum security residential setting. Placement in a program

16  at this level is prompted by a demonstrated need to protect

17  the public.

18         (56)(59)  "Waiver hearing" means a hearing provided for

19  under s. 985.556(4) 985.226(3).

20         Section 5.  Section 985.201, Florida Statutes, is

21  amended and renumbered as section 985.0301, Florida Statutes,

22  and subsection (8) of section 985.219, Florida Statutes, is

23  amended and renumbered as subsection (2) of section 985.0301,

24  Florida Statutes, to read:

25         985.0301 985.201  Jurisdiction.--

26         (1)  The circuit court has exclusive original

27  jurisdiction of proceedings in which a child is alleged to

28  have committed a delinquent act or violation of law.

29         (2)(8)  The jurisdiction of the court shall attach to

30  the child and the case when the summons is served upon the

31  child and a parent or legal or actual custodian or guardian of

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 1  the child, or when the child is taken into custody with or

 2  without service of summons and before or after the filing of a

 3  petition, whichever first occurs, and thereafter the court may

 4  control the child and the case in accordance with this chapter

 5  part.

 6         (3)(2)  During the prosecution of any violation of law

 7  against any person who has been presumed to be an adult, if it

 8  is shown that the person was a child at the time the offense

 9  was committed and that the person does not meet the criteria

10  for prosecution and sentencing as an adult, the court shall

11  immediately transfer the case, together with the physical

12  custody of the person and all physical evidence, papers,

13  documents, and testimony, original and duplicate, connected

14  therewith, to the appropriate court for proceedings under this

15  chapter. The circuit court is exclusively authorized to assume

16  jurisdiction over any juvenile offender who is arrested and

17  charged with violating a federal law or a law of the District

18  of Columbia, who is found or is living or domiciled in a

19  county in which the circuit court is established, and who is

20  surrendered to the circuit court as provided in 18 U.S.C. s.

21  5001.

22         (4)(3)(a)  Petitions alleging delinquency filed under

23  this part shall be filed in the county where the delinquent

24  act or violation of law occurred, but the circuit court for

25  that county may transfer the case to the circuit court of the

26  circuit in which the child resides or will reside at the time

27  of detention or placement for dispositional purposes. A child

28  who has been detained shall be transferred to the appropriate

29  detention center or facility or other placement directed by

30  the receiving court.

31  

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 1         (b)  The jurisdiction to be exercised by the court when

 2  a child is taken into custody before the filing of a petition

 3  under subsection (2) s. 985.219(8) shall be exercised by the

 4  circuit court for the county in which the child is taken into

 5  custody, which court shall have personal jurisdiction of the

 6  child and the child's parent or legal guardian. Upon the

 7  filing of a petition in the appropriate circuit court, the

 8  court that is exercising initial jurisdiction of the person of

 9  the child shall, if the child has been detained, immediately

10  order the child to be transferred to the detention center or

11  facility or other placement as ordered by the court having

12  subject matter jurisdiction of the case.

13         (5)(4)(a)  Notwithstanding ss. 743.07, 985.43 985.229,

14  985.433 985.23, 985.435, 985.439, and 985.441 985.231, and

15  except as provided in ss. 985.465 and 985.47 985.31 and

16  paragraph (f) 985.313, when the jurisdiction of any child who

17  is alleged to have committed a delinquent act or violation of

18  law is obtained, the court shall retain jurisdiction, unless

19  relinquished by its order, until the child reaches 19 years of

20  age, with the same power over the child that the court had

21  prior to the child becoming an adult.

22         (b)  Notwithstanding ss. 743.07 and 985.455(3), and

23  except as provided in s. 985.47, the term of any order placing

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

25  birthday unless he or she is released by the court on the

26  motion of an interested party or on his or her own motion.

27         (c)  Notwithstanding ss. 743.07 and 985.455(3), and

28  except as provided in s. 985.47, the term of the commitment

29  must be until the child is discharged by the department or

30  until he or she reaches the age of 21 years. Notwithstanding

31  ss. 743.07, 985.435, 985.437, 985.439, 985.441, 985.445,

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 1  985.455, and 985.513 and except as provided in this section

 2  and s. 985.47, a child may not be held under a commitment from

 3  a court under s. 985.439, s. 985.441(1)(a) or (b), s. 985.445,

 4  or s. 985.455 after becoming 21 years of age.

 5         (d)(b)1.  The court may retain jurisdiction over a

 6  child committed to the department for placement in a juvenile

 7  prison or in a high-risk or maximum-risk residential

 8  commitment program to allow the child to participate in a

 9  juvenile conditional release program pursuant to s. 985.46

10  985.316. In no case shall the jurisdiction of the court be

11  retained beyond the child's 22nd birthday. However, if the

12  child is not successful in the conditional release program,

13  the department may use the transfer procedure under s.

14  985.441(3) 985.404.

15         (e)2.  The court may retain jurisdiction over a child

16  committed to the department for placement in an intensive

17  residential treatment program for 10-year-old to 13-year-old

18  offenders, in the residential commitment program in a juvenile

19  prison, in a residential sex offender program, or in a program

20  for serious or habitual juvenile offenders as provided in s.

21  985.47 985.311 or s. 985.483 985.31 until the child reaches

22  the age of 21. If the court exercises this jurisdiction

23  retention, it shall do so solely for the purpose of the child

24  completing the intensive residential treatment program for

25  10-year-old to 13-year-old offenders, in the residential

26  commitment program in a juvenile prison, in a residential sex

27  offender program, or the program for serious or habitual

28  juvenile offenders. Such jurisdiction retention does not apply

29  for other programs, other purposes, or new offenses.

30         (f)  The court may retain jurisdiction over a child

31  committed to a juvenile correctional facility or a juvenile

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 1  prison until the child reaches the age of 21 years,

 2  specifically for the purpose of allowing the child to complete

 3  such program.

 4         (g)1.  Notwithstanding ss. 743.07 and 985.455(3), a

 5  serious or habitual juvenile offender shall not be held under

 6  commitment from a court under s. 985.47, s. 985.441(1)(c), or

 7  s. 985.565 after becoming 21 years of age. This subparagraph

 8  shall apply only for the purpose of completing the serious or

 9  habitual juvenile offender program under this chapter and

10  shall be used solely for the purpose of treatment.

11         2.  The court may retain jurisdiction over a child who

12  has been placed in a program or facility for serious or

13  habitual juvenile offenders until the child reaches the age of

14  21, specifically for the purpose of the child completing the

15  program.

16         (h)  The court may retain jurisdiction over a juvenile

17  sexual offender who has been placed in a program or facility

18  for juvenile sexual offenders until the juvenile sexual

19  offender reaches the age of 21, specifically for the purpose

20  of completing the program.

21         (i)(c)  The court may retain jurisdiction over a child

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

23  ordered to pay restitution until the restitution order is

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

25  retains such jurisdiction after the date upon which the

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

27  do so solely for the purpose of enforcing the restitution

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

29  provisions of s. 775.089(5).

30         (j)(d)  This subsection does not prevent the exercise

31  of jurisdiction by any court having jurisdiction of the child

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

 2  law.

 3         (6)  The court may at any time enter an order ending

 4  its jurisdiction over any child.

 5         Section 6.  Section 985.202, Florida Statutes, is

 6  renumbered as section 985.032, Florida Statutes.

 7         Section 7.  Section 985.203, Florida Statutes, is

 8  renumbered as section 985.033, Florida Statutes, subsections

 9  (2) through (4) are redesignated subsections (3) through (5),

10  subsection (1) of that section is amended, and a new

11  subsection (2) is added to read:

12         985.033 985.203  Right to counsel.--

13         (1)  A child is entitled to representation by legal

14  counsel at all stages of any delinquency court proceedings

15  under this chapter part. If the child and the parents or other

16  legal guardian are indigent and unable to employ counsel for

17  the child, the court shall appoint counsel under pursuant to

18  s. 27.52. Determination of indigence and costs of

19  representation shall be as provided by ss. 27.52 and 938.29.

20  Legal counsel representing a child who exercises the right to

21  counsel shall be allowed to provide advice and counsel to the

22  child at any time subsequent to the child's arrest, including

23  prior to a detention hearing while in secure detention care. A

24  child shall be represented by legal counsel at all stages of

25  all court proceedings unless the right to counsel is freely,

26  knowingly, and intelligently waived by the child. If the child

27  appears without counsel, the court shall advise the child of

28  his or her rights with respect to representation of

29  court-appointed counsel.

30  

31  

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 1         (2)  This section does not apply to transfer

 2  proceedings under s. 985.441(3), unless the court sets a

 3  hearing to review the transfer.

 4         Section 8.  Section 985.205, Florida Statutes, is

 5  renumbered as section 985.035, Florida Statutes.

 6         Section 9.  Section 985.206, Florida Statutes, is

 7  renumbered as section 985.036, Florida Statutes, and amended

 8  to read:

 9         985.036 985.206  Rights of victims; juvenile

10  proceedings.--

11         (1)  Nothing in this chapter prohibits:

12         (a)(1)  The victim of the offense;

13         (b)(2)  The victim's parent or guardian if the victim

14  is a minor;

15         (c)(3)  The lawful representative of the victim or of

16  the victim's parent or guardian if the victim is a minor; or

17         (d)(4)  The next of kin if the victim is a homicide

18  victim,

19  

20  from the right to be informed of, to be present during, and to

21  be heard when relevant at, all crucial stages of the

22  proceedings involving the juvenile offender, to the extent

23  that such rights do not interfere with the constitutional

24  rights of the juvenile offender. A person enumerated in this

25  section may not reveal to any outside party any confidential

26  information obtained under pursuant to this paragraph

27  regarding a case involving a juvenile offense, except as is

28  reasonably necessary to pursue legal remedies.

29         (2)  A law enforcement agency may release a copy of the

30  juvenile offense report to the victim of the offense. However,

31  information gained by the victim under this chapter, including

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 1  the next of kin of a homicide victim, regarding any case

 2  handled in juvenile court must not be revealed to any outside

 3  party except as is reasonably necessary in pursuit of legal

 4  remedies.

 5         Section 10.  Section 985.216, Florida Statutes, is

 6  renumbered as section 985.037, Florida Statutes, and

 7  subsection (2) and paragraphs (b) and (d) of subsection (4) of

 8  that section are amended to read:

 9         985.037 985.216  Punishment for contempt of court;

10  alternative sanctions.--

11         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

12  placed in a secure facility for purposes of punishment for

13  contempt of court if alternative sanctions are unavailable or

14  inappropriate, or if the child has already been ordered to

15  serve an alternative sanction but failed to comply with the

16  sanction.

17         (a)  A delinquent child who has been held in direct or

18  indirect contempt may be placed in a secure detention facility

19  not to exceed 5 days for a first offense and not to exceed 15

20  days for a second or subsequent offense.

21         (b)  A child in need of services who has been held in

22  direct contempt or indirect contempt may be placed, not to

23  exceed 5 days for a first offense and not to exceed 15 days

24  for a second or subsequent offense, in a staff-secure shelter

25  or a staff-secure residential facility solely for children in

26  need of services if such placement is available, or, if such

27  placement is not available, the child may be placed in an

28  appropriate mental health facility or substance abuse facility

29  for assessment. In addition to disposition under this

30  paragraph, a child in need of services who is held in direct

31  contempt or indirect contempt may be placed in a physically

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 1  secure facility as provided under s. 984.226 if conditions of

 2  eligibility are met.

 3         (4)  CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

 4  PROCESS.--

 5         (b)  If a child is charged with indirect contempt of

 6  court, the court must hold a hearing within 24 hours to

 7  determine whether the child committed indirect contempt of a

 8  valid court order. At the hearing, the following due process

 9  rights must be provided to the child:

10         1.  Right to a copy of the order to show cause alleging

11  facts supporting the contempt charge.

12         2.  Right to an explanation of the nature and the

13  consequences of the proceedings.

14         3.  Right to legal counsel and the right to have legal

15  counsel appointed by the court if the juvenile is indigent,

16  under pursuant to s. 985.033 985.203.

17         4.  Right to confront witnesses.

18         5.  Right to present witnesses.

19         6.  Right to have a transcript or record of the

20  proceeding.

21         7.  Right to appeal to an appropriate court.

22  

23  The child's parent or guardian may address the court regarding

24  the due process rights of the child. The court shall review

25  the placement of the child every 72 hours to determine whether

26  it is appropriate for the child to remain in the facility.

27         (d)  In addition to any other sanction imposed under

28  this section, the court may direct the Department of Highway

29  Safety and Motor Vehicles to withhold issuance of, or suspend,

30  a child's driver's license or driving privilege. The court may

31  order that a child's driver's license or driving privilege be

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 1  withheld or suspended for up to 1 year for a first offense of

 2  contempt and up to 2 years for a second or subsequent offense.

 3  If the child's driver's license or driving privilege is

 4  suspended or revoked for any reason at the time the sanction

 5  for contempt is imposed, the court shall extend the period of

 6  suspension or revocation by the additional period ordered

 7  under this paragraph. If the child's driver's license is being

 8  withheld at the time the sanction for contempt is imposed, the

 9  period of suspension or revocation ordered under this

10  paragraph shall begin on the date on which the child is

11  otherwise eligible to drive. For a child in need of services

12  whose driver's license or driving privilege is suspended under

13  this paragraph, the court may direct the Department of Highway

14  Safety and Motor Vehicles to issue the child a license for

15  driving privileges restricted to business or employment

16  purposes only, as defined in s. 322.271, or for the purpose of

17  completing court-ordered community service, if the child is

18  otherwise qualified for a license. However, the department may

19  not issue a restricted license unless specifically ordered to

20  do so by the court.

21         Section 11.  Section 985.2311, Florida Statutes, is

22  renumbered as section 985.039, Florida Statutes.

23         Section 12.  Section 985.04, Florida Statutes, is

24  amended to read:

25         985.04  Oaths; records; confidential information.--

26         (1)(3)(a)  Except as provided in subsections (2), (3)

27  (4), (5), and (6), and (7) and s. 943.053, all information

28  obtained under this chapter part in the discharge of official

29  duty by any judge, any employee of the court, any authorized

30  agent of the department of Juvenile Justice, the Parole

31  Commission, the Department of Corrections, the juvenile

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 1  justice circuit boards, any law enforcement agent, or any

 2  licensed professional or licensed community agency

 3  representative participating in the assessment or treatment of

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

 5  authorized personnel of the court, the department of Juvenile

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

 7  Parole Commission, law enforcement agents, school

 8  superintendents and their designees, any licensed professional

 9  or licensed community agency representative participating in

10  the assessment or treatment of a juvenile, and others entitled

11  under this chapter to receive that information, or upon order

12  of the court. Within each county, the sheriff, the chiefs of

13  police, the district school superintendent, and the department

14  shall enter into an interagency agreement for the purpose of

15  sharing information about juvenile offenders among all

16  parties. The agreement must specify the conditions under which

17  summary criminal history information is to be made available

18  to appropriate school personnel, and the conditions under

19  which school records are to be made available to appropriate

20  department personnel. Such agreement shall require

21  notification to any classroom teacher of assignment to the

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

23  probation or commitment program for a felony offense. The

24  agencies entering into such agreement must comply with s.

25  943.0525, and must maintain the confidentiality of information

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

27  law.

28         (2)(5)  Notwithstanding any other provisions of this

29  chapter part, the name, photograph, address, and crime or

30  arrest report of a child:

31  

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

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

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

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

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

 6  misdemeanors;

 7         (c)  Transferred to the adult system under pursuant to

 8  s. 985.557 985.227, indicted under pursuant to s. 985.56

 9  985.225, or waived under pursuant to s. 985.556 985.226;

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

11  for a violation of law subject to the provisions of s. 985.557

12  985.227(2)(b) or (d); or

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

14  the juvenile system under pursuant to s. 985.565 985.233

15  

16  shall not be considered confidential and exempt from the

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

18         (3)(6)  A law enforcement agency may release a copy

19  This part does not prohibit the release of the juvenile

20  offense report by a law enforcement agency to the victim of

21  the offense. However, information gained by the victim under

22  pursuant to this chapter, including the next of kin of a

23  homicide victim, regarding any case handled in juvenile court,

24  must not be revealed to any outside party, except as is

25  reasonably necessary in pursuit of legal remedies.

26         (4)(7)(a)  Notwithstanding any other provision of this

27  section, when a child of any age is taken into custody by a

28  law enforcement officer for an offense that would have been a

29  felony if committed by an adult, or a crime of violence, the

30  law enforcement agency must notify the superintendent of

31  

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 1  schools that the child is alleged to have committed the

 2  delinquent act.

 3         (b)  Notwithstanding paragraph (a) or any other

 4  provision of this section, when a child of any age is formally

 5  charged by a state attorney with a felony or a delinquent act

 6  that would be a felony if committed by an adult, the state

 7  attorney shall notify the superintendent of the child's school

 8  that the child has been charged with such felony or delinquent

 9  act. The information obtained by the superintendent of schools

10  under pursuant to this section must be released within 48

11  hours after receipt to appropriate school personnel, including

12  the principal of the school of the child. The principal must

13  immediately notify the child's immediate classroom teachers.

14  Upon notification, the principal is authorized to begin

15  disciplinary actions under pursuant to s. 1006.09(1)-(4).

16         (c)(b)  The department shall disclose to the school

17  superintendent the presence of any child in the care and

18  custody or under the jurisdiction or supervision of the

19  department who has a known history of criminal sexual behavior

20  with other juveniles; is an alleged juvenile sexual sex

21  offender, as defined in s. 39.01; or has pled guilty or nolo

22  contendere to, or has been found to have committed, a

23  violation of chapter 794, chapter 796, chapter 800, s.

24  827.071, or s. 847.0133, regardless of adjudication. Any

25  employee of a district school board who knowingly and

26  willfully discloses such information to an unauthorized person

27  commits a misdemeanor of the second degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         (5)(1)  Authorized agents of the Department of Juvenile

30  Justice may administer oaths and affirmations.

31  

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 1         (6)(2)  Records maintained by the department of

 2  Juvenile Justice, including copies of records maintained by

 3  the court, which pertain to a child found to have committed a

 4  delinquent act which, if committed by an adult, would be a

 5  crime specified in ss. 435.03 and 435.04 may not be destroyed

 6  under pursuant to this section for a period of 25 years after

 7  the youth's final referral to the department, except in cases

 8  of the death of the child. Such records, however, shall be

 9  sealed by the court for use only in meeting the screening

10  requirements for personnel in s. 402.3055 and the other

11  sections cited above, or under pursuant to departmental rule;

12  however, current criminal history information must be obtained

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

14  943.053. The information shall be released to those persons

15  specified in the above cited sections for the purposes of

16  complying with those sections. The court may punish by

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

18  unauthorized purpose.

19         (7)(4)(a)  Records in the custody of the department of

20  Juvenile Justice regarding children are not open to inspection

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

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

23  agent by persons who have sufficient reason and upon such

24  conditions for their use and disposition as the secretary or

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

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

27  department of Juvenile Justice who have a need therefor in

28  order to perform their official duties duty; to other persons

29  as authorized by rule of the department of Juvenile Justice;

30  and, upon request, to the Department of Corrections. The

31  secretary or his or her authorized agent may permit properly

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 1  qualified persons to inspect and make abstracts from records

 2  for statistical purposes under whatever conditions upon their

 3  use and disposition the secretary or his or her authorized

 4  agent deems proper, provided adequate assurances are given

 5  that children's names and other identifying information will

 6  not be disclosed by the applicant.

 7         (b)  The destruction of records pertaining to children

 8  committed to or supervised by the department of Juvenile

 9  Justice pursuant to a court order, which records are retained

10  until a child reaches the age of 24 years or until a serious

11  or habitual delinquent child reaches the age of 26 years,

12  shall be subject to chapter 943.

13         (8)  Criminal history information made available to

14  governmental agencies by the Department of Law Enforcement or

15  other criminal justice agencies shall not be used for any

16  purpose other than that specified in the provision authorizing

17  the releases.

18         Section 13.  Section 985.05, Florida Statutes, is

19  renumbered as section 985.045, Florida Statutes, and amended

20  to read:

21         985.045 985.05  Court records.--

22         (1)  The clerk of the court shall make and keep records

23  of all cases brought before it under pursuant to this chapter

24  part. The court shall preserve the records pertaining to a

25  child charged with committing a delinquent act or violation of

26  law until the child reaches 24 years of age or reaches 26

27  years of age if he or she is a serious or habitual delinquent

28  child, until 5 years after the last entry was made, or until 3

29  years after the death of the child, whichever is earlier, and

30  may then destroy them, except that records made of traffic

31  offenses in which there is no allegation of delinquency may be

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 1  destroyed as soon as this can be reasonably accomplished. The

 2  court shall make official records of all petitions and orders

 3  filed in a case arising under pursuant to this chapter part

 4  and of any other pleadings, certificates, proofs of

 5  publication, summonses, warrants, and writs that are filed

 6  pursuant to the case.

 7         (2)  The clerk shall keep all official records required

 8  by this section separate from other records of the circuit

 9  court, except those records pertaining to motor vehicle

10  violations, which shall be forwarded to the Department of

11  Highway Safety and Motor Vehicles. Except as provided in ss.

12  943.053 and 985.04(7)(4), official records required by this

13  chapter part are not open to inspection by the public, but may

14  be inspected only upon order of the court by persons deemed by

15  the court to have a proper interest therein, except that a

16  child and the parents, guardians, or legal custodians of the

17  child and their attorneys, law enforcement agencies, the

18  Department of Juvenile Justice and its designees, the Parole

19  Commission, and the Department of Corrections shall always

20  have the right to inspect and copy any official record

21  pertaining to the child. The court may permit authorized

22  representatives of recognized organizations compiling

23  statistics for proper purposes to inspect, and make abstracts

24  from, official records under whatever conditions upon the use

25  and disposition of such records the court may deem proper and

26  may punish by contempt proceedings any violation of those

27  conditions.

28         (3)  All orders of the court entered under pursuant to

29  this chapter part must be in writing and signed by the judge,

30  except that the clerk or deputy clerk may sign a summons or

31  notice to appear.

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 1         (4)  A court record of proceedings under this chapter

 2  part is not admissible in evidence in any other civil or

 3  criminal proceeding, except that:

 4         (a)  Orders transferring a child for trial as an adult

 5  are admissible in evidence in the court in which he or she is

 6  tried, but create no presumption as to the guilt of the child;

 7  nor may such orders be read to, or commented upon in the

 8  presence of, the jury in any trial.

 9         (b)  Orders binding an adult over for trial on a

10  criminal charge, made by the committing trial court judge, are

11  admissible in evidence in the court to which the adult is

12  bound over.

13         (c)  Records of proceedings under this chapter part

14  forming a part of the record on appeal must be used in the

15  appellate court in the manner provided in s. 985.534 985.234.

16         (d)  Records are admissible in evidence in any case in

17  which a person is being tried upon a charge of having

18  committed perjury, to the extent such records are necessary to

19  prove the charge.

20         (e)  Records of proceedings under this chapter part may

21  be used to prove disqualification under pursuant to ss.

22  110.1127, 393.0655, 394.457, 397.451, 402.305, 402.313,

23  409.175, 409.176, and 985.644 985.407.

24         Section 14.  Sections 985.06 and 985.08, Florida

25  Statutes, are renumbered as sections 985.046 and 985.047,

26  Florida Statutes, respectively.

27         Section 15.  Section 985.207, Florida Statutes, is

28  amended and renumbered as section 985.101, Florida Statutes,

29  and subsection (3) of section 985.215, Florida Statutes, is

30  renumbered as subsection (2) of section 985.101, Florida

31  Statutes, and amended to read:

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 1         985.101 985.207  Taking a child into custody.--

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

 3  following circumstances:

 4         (a)  Pursuant to an order of the circuit court issued

 5  under this chapter part, based upon sworn testimony, either

 6  before or after a petition is filed.

 7         (b)  For a delinquent act or violation of law, pursuant

 8  to Florida law pertaining to a lawful arrest. If such

 9  delinquent act or violation of law would be a felony if

10  committed by an adult or involves a crime of violence, the

11  arresting authority shall immediately notify the district

12  school superintendent, or the superintendent's designee, of

13  the school district with educational jurisdiction of the

14  child. Such notification shall include other education

15  providers such as the Florida School for the Deaf and the

16  Blind, university developmental research schools, and private

17  elementary and secondary schools. The information obtained by

18  the superintendent of schools pursuant to this section must be

19  released within 48 hours after receipt to appropriate school

20  personnel, including the principal of the child's school, or

21  as otherwise provided by law. The principal must immediately

22  notify the child's immediate classroom teachers. Information

23  provided by an arresting authority under pursuant to this

24  paragraph may not be placed in the student's permanent record

25  and shall be removed from all school records no later than 9

26  months after the date of the arrest.

27         (c)  By a law enforcement officer for failing to appear

28  at a court hearing after being properly noticed.

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

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

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

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 1  postcommitment probation, or conditional release supervision

 2  or has escaped from commitment.

 3  

 4  Nothing in this subsection shall be construed to allow the

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

 6  in part V s. 985.215.

 7         (2)(3)  Except in emergency situations, a child may not

 8  be placed into or transported in any police car or similar

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

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

11  same offense or transaction as the child.

12         (3)(2)  When a child is taken into custody as provided

13  in this section, the person taking the child into custody

14  shall attempt to notify the parent, guardian, or legal

15  custodian of the child. The person taking the child into

16  custody shall continue such attempt until the parent,

17  guardian, or legal custodian of the child is notified or the

18  child is delivered to a juvenile probation officer under ss.

19  985.14 and 985.145 pursuant to s. 985.21, whichever occurs

20  first. If the child is delivered to a juvenile probation

21  officer before the parent, guardian, or legal custodian is

22  notified, the juvenile probation officer shall continue the

23  attempt to notify until the parent, guardian, or legal

24  custodian of the child is notified. Following notification,

25  the parent or guardian must provide identifying information,

26  including name, address, date of birth, social security

27  number, and driver's license number or identification card

28  number of the parent or guardian to the person taking the

29  child into custody or the juvenile probation officer.

30         (4)(3)  Taking a child into custody is not an arrest

31  except for the purpose of determining whether the taking into

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 1  custody or the obtaining of any evidence in conjunction

 2  therewith is lawful.

 3         Section 16.  Section 985.2075, Florida Statutes, is

 4  renumbered as section 985.105, Florida Statutes.

 5         Section 17.  Section 985.212, Florida Statutes, is

 6  renumbered as section 985.11, Florida Statutes, and paragraph

 7  (b) of subsection (1) of that section is amended to read:

 8         985.11 985.212  Fingerprinting and photographing.--

 9         (1)

10         (b)  A child who is charged with or found to have

11  committed one of the following offenses shall be

12  fingerprinted, and the fingerprints shall be submitted to the

13  Department of Law Enforcement as provided in s. 943.051(3)(b):

14         1.  Assault, as defined in s. 784.011.

15         2.  Battery, as defined in s. 784.03.

16         3.  Carrying a concealed weapon, as defined in s.

17  790.01(1).

18         4.  Unlawful use of destructive devices or bombs, as

19  defined in s. 790.1615(1).

20         5.  Negligent treatment of children, as defined in

21  former s. 827.05.

22         6.  Assault on a law enforcement officer, a

23  firefighter, or other specified officers, as defined in s.

24  784.07(2)(a).

25         7.  Open carrying of a weapon, as defined in s.

26  790.053.

27         8.  Exposure of sexual organs, as defined in s. 800.03.

28         9.  Unlawful possession of a firearm, as defined in s.

29  790.22(5).

30         10.  Petit theft, as defined in s. 812.014.

31         11.  Cruelty to animals, as defined in s. 828.12(1).

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 1         12.  Arson, resulting in bodily harm to a firefighter,

 2  as defined in s. 806.031(1).

 3         13.  Unlawful possession or discharge of a weapon or

 4  firearm at a school-sponsored event or on school property as

 5  defined in s. 790.115.

 6  

 7  A law enforcement agency may fingerprint and photograph a

 8  child taken into custody upon probable cause that such child

 9  has committed any other violation of law, as the agency deems

10  appropriate. Such fingerprint records and photographs shall be

11  retained by the law enforcement agency in a separate file, and

12  these records and all copies thereof must be marked "Juvenile

13  Confidential." These records are not available for public

14  disclosure and inspection under s. 119.07(1) except as

15  provided in ss. 943.053 and 985.04(2) 985.04(5), but shall be

16  available to other law enforcement agencies, criminal justice

17  agencies, state attorneys, the courts, the child, the parents

18  or legal custodians of the child, their attorneys, and any

19  other person authorized by the court to have access to such

20  records. In addition, such records may be submitted to the

21  Department of Law Enforcement for inclusion in the state

22  criminal history records and used by criminal justice agencies

23  for criminal justice purposes. These records may, in the

24  discretion of the court, be open to inspection by anyone upon

25  a showing of cause. The fingerprint and photograph records

26  shall be produced in the court whenever directed by the court.

27  Any photograph taken pursuant to this section may be shown by

28  a law enforcement officer to any victim or witness of a crime

29  for the purpose of identifying the person who committed such

30  crime.

31  

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 1         Section 18.  Subsections (2) and (5) of section

 2  985.211, Florida Statutes, are renumbered, respectively, as

 3  subsections (2) and (3) of section 985.115, Florida Statutes,

 4  and subsections (1) and (7) of section 985.211, Florida

 5  Statutes, are renumbered, respectively, as subsections (1) and

 6  (4) of section 985.115, Florida Statutes, and amended to read:

 7         985.115 985.211  Release or delivery from custody.--

 8         (1)  A child taken into custody shall be released from

 9  custody as soon as is reasonably possible.

10         (2)  Unless otherwise ordered by the court under s.

11  985.255 or s. 985.26 pursuant to s. 985.215, and unless there

12  is a need to hold the child, a person taking a child into

13  custody shall attempt to release the child as follows:

14         (a)  To the child's parent, guardian, or legal

15  custodian or, if the child's parent, guardian, or legal

16  custodian is unavailable, unwilling, or unable to provide

17  supervision for the child, to any responsible adult. Prior to

18  releasing the child to a responsible adult, other than the

19  parent, guardian, or legal custodian, the person taking the

20  child into custody may conduct a criminal history background

21  check of the person to whom the child is to be released. If

22  the person has a prior felony conviction, or a conviction for

23  child abuse, drug trafficking, or prostitution, that person is

24  not a responsible adult for the purposes of this section. The

25  person to whom the child is released shall agree to inform the

26  department or the person releasing the child of the child's

27  subsequent change of address and to produce the child in court

28  at such time as the court may direct, and the child shall join

29  in the agreement.

30  

31  

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 1         (b)  Contingent upon specific appropriation, to a

 2  shelter approved by the department or to an authorized agent

 3  under pursuant to s. 39.401(2)(b).

 4         (c)  If the child is believed to be suffering from a

 5  serious physical condition which requires either prompt

 6  diagnosis or prompt treatment, to a law enforcement officer

 7  who shall deliver the child to a hospital for necessary

 8  evaluation and treatment.

 9         (d)  If the child is believed to be mentally ill as

10  defined in s. 394.463(1), to a law enforcement officer who

11  shall take the child to a designated public receiving facility

12  as defined in s. 394.455 for examination under pursuant to the

13  provisions of s. 394.463.

14         (e)  If the child appears to be intoxicated and has

15  threatened, attempted, or inflicted physical harm on himself

16  or herself or another, or is incapacitated by substance abuse,

17  to a law enforcement officer who shall deliver the child to a

18  hospital, addictions receiving facility, or treatment

19  resource.

20         (f)  If available, to a juvenile assessment center

21  equipped and staffed to assume custody of the child for the

22  purpose of assessing the needs of the child in custody. The

23  center may then release or deliver the child under pursuant to

24  this section with a copy of the assessment.

25         (3)(5)  Upon taking a child into custody, a law

26  enforcement officer may deliver the child, for temporary

27  custody not to exceed 6 hours, to a secure booking area of a

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

29  adults, for the purpose of fingerprinting or photographing the

30  child or awaiting appropriate transport to the department or

31  as provided in s. 985.13(2) subsection (4), provided no

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 1  regular sight and sound contact between the child and adult

 2  inmates or trustees is permitted and the receiving facility

 3  has adequate staff to supervise and monitor the child's

 4  activities at all times.

 5         (4)(7)  Nothing in this section or s. 985.13 shall

 6  prohibit the proper use of law enforcement diversion programs.

 7  Law enforcement agencies may initiate and conduct diversion

 8  programs designed to divert a child from the need for

 9  department custody or judicial handling. Such programs may be

10  cooperative projects with local community service agencies.

11         Section 19.  Section 985.301, Florida Statutes, is

12  renumbered as section 985.12, Florida Statutes, and subsection

13  (4) of that section is amended to read:

14         985.12 985.301  Civil citation.--

15         (4)  If the juvenile fails to report timely for a work

16  assignment, complete a work assignment, or comply with

17  assigned intervention services within the prescribed time, or

18  if the juvenile commits a third or subsequent misdemeanor, the

19  law enforcement officer shall issue a report alleging the

20  child has committed a delinquent act, at which point a

21  juvenile probation officer shall perform a preliminary

22  determination as provided under s. 985.145 985.21(4).

23         Section 20.  Section 985.3065, Florida Statutes, is

24  renumbered as section 985.125, Florida Statutes.

25         Section 21.  Subsections (3), (4), and (6) of section

26  985.211, Florida Statutes, are renumbered as section 985.13,

27  Florida Statutes, and amended to read:

28         985.13  Probable cause affidavits.--

29         (1)(3)  If the child is released, the person taking the

30  child into custody shall make a written report or probable

31  cause affidavit to the appropriate juvenile probation officer

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 1  within 24 hours after such release, stating the facts and the

 2  reason for taking the child into custody. Such written report

 3  or probable cause affidavit shall:

 4         (a)  Identify the child, the parents, guardian, or

 5  legal custodian, and the person to whom the child was

 6  released.

 7         (b)  Contain sufficient information to establish the

 8  jurisdiction of the court and to make a prima facie showing

 9  that the child has committed a violation of law or a

10  delinquent act.

11         (2)(4)  A person taking a child into custody who

12  determines, under part V pursuant to s. 985.215, that the

13  child should be detained or released to a shelter designated

14  by the department, shall make a reasonable effort to

15  immediately notify the parent, guardian, or legal custodian of

16  the child and shall, without unreasonable delay, deliver the

17  child to the appropriate juvenile probation officer or, if the

18  court has so ordered under pursuant to s. 985.255 or s. 985.26

19  985.215, to a detention center or facility. Upon delivery of

20  the child, the person taking the child into custody shall make

21  a written report or probable cause affidavit to the

22  appropriate juvenile probation officer. Such written report or

23  probable cause affidavit must:

24         (a)  Identify the child and, if known, the parents,

25  guardian, or legal custodian.

26         (b)  Establish that the child was legally taken into

27  custody, with sufficient information to establish the

28  jurisdiction of the court and to make a prima facie showing

29  that the child has committed a violation of law.

30         (3)(6)(a)  A copy of the probable cause affidavit or

31  written report made by the person taking the child into

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 1  custody shall be filed, by the law enforcement agency which

 2  employs the person making such affidavit or written report,

 3  with the clerk of the circuit court for the county in which

 4  the child is taken into custody or in which the affidavit or

 5  report is made within 24 hours after the affidavit or report

 6  is made, excluding Saturdays, Sundays, and legal holidays.

 7  Such affidavit or report is a case for the purpose of

 8  assigning a uniform case number under pursuant to this

 9  subsection.

10         (b)  Upon the filing of a copy of a probable cause

11  affidavit or written report by a law enforcement agency with

12  the clerk of the circuit court, the clerk shall immediately

13  assign a uniform case number to the affidavit or report,

14  forward a copy to the state attorney, and forward a copy to

15  the intake office of the department which serves the county in

16  which the case arose.

17         (c)  Each letter of recommendation, written notice,

18  report, or other paper required by law pertaining to the case

19  shall bear the uniform case number of the case, and a copy

20  shall be filed with the clerk of the circuit court by the

21  issuing agency. The issuing agency shall furnish copies to the

22  juvenile probation officer and the state attorney.

23         (d)  Upon the filing of a petition based on the

24  allegations of a previously filed probable cause affidavit or

25  written report, the agency filing the petition shall include

26  the appropriate uniform case number on the petition.

27         Section 22.  Section 985.209, Florida Statutes, is

28  renumbered as section 985.135, Florida Statutes.

29         Section 23.  Subsections (1) and (2) of section 985.21,

30  Florida Statutes, are renumbered as section 985.14, Florida

31  Statutes, and amended to read:

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 1         985.14 985.21  Intake and case management system.--

 2         (1)(a)  During the intake process, the juvenile

 3  probation officer shall screen each child or shall cause each

 4  child to be screened in order to determine:

 5         1.  Appropriateness for release, referral to a

 6  diversionary program including, but not limited to, a

 7  teen-court program, referral for community arbitration, or

 8  referral to some other program or agency for the purpose of

 9  nonofficial or nonjudicial handling.

10         2.  The presence of medical, psychiatric,

11  psychological, substance abuse, educational, or vocational

12  problems, or other conditions that may have caused the child

13  to come to the attention of law enforcement or the Department

14  of Juvenile Justice. The child shall also be screened to

15  determine whether the child poses a danger to himself or

16  herself or others in the community. The results of this

17  screening shall be made available to the court and to court

18  officers. In cases where such conditions are identified, and a

19  nonjudicial handling of the case is chosen, the juvenile

20  probation officer shall attempt to refer the child to a

21  program or agency, together with all available and relevant

22  assessment information concerning the child's precipitating

23  condition.

24         3.  The department of Juvenile Justice shall develop an

25  intake and a case management system whereby a child brought

26  into intake is assigned a juvenile probation officer if the

27  child was not released, referred to a diversionary program,

28  referred for community arbitration, or referred to some other

29  program or agency for the purpose of nonofficial or

30  nonjudicial handling, and shall make every reasonable effort

31  to provide case management services for the child; provided,

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 1  however, that case management for children committed to

 2  residential programs may be transferred as provided in s.

 3  985.46 985.316.

 4         (2)  The intake process shall be performed by the

 5  department through a case management system. The purpose of

 6  the intake process is to assess the child's needs and risks

 7  and to determine the most appropriate treatment plan and

 8  setting for the child's programmatic needs and risks. The

 9  intake process shall result in choosing the most appropriate

10  services through a balancing of the interests and needs of the

11  child with those of the family and the public. The juvenile

12  probation officer is responsible for making informed decisions

13  and recommendations to other agencies, the state attorney, and

14  the courts so that the child and family may receive the least

15  intrusive service alternative throughout the judicial process.

16  The department shall establish uniform procedures for the

17  juvenile probation officer to provide a preliminary screening

18  of the child and family for substance abuse and mental health

19  services prior to the filing of a petition or as soon as

20  possible thereafter and prior to a disposition hearing.

21         4.  In addition to duties specified in other sections

22  and through departmental rules, the assigned juvenile

23  probation officer shall be responsible for the following:

24         a.  Ensuring that a risk assessment instrument

25  establishing the child's eligibility for detention has been

26  accurately completed and that the appropriate recommendation

27  was made to the court.

28         b.  Inquiring as to whether the child understands his

29  or her rights to counsel and against self-incrimination.

30         c.  Performing the preliminary screening and making

31  referrals for comprehensive assessment regarding the child's

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 1  need for substance abuse treatment services, mental health

 2  services, retardation services, literacy services, or other

 3  educational or treatment services.

 4         d.  Coordinating the multidisciplinary assessment when

 5  required, which includes the classification and placement

 6  process that determines the child's priority needs, risk

 7  classification, and treatment plan. When sufficient evidence

 8  exists to warrant a comprehensive assessment and the child

 9  fails to voluntarily participate in the assessment efforts, it

10  is the responsibility of the juvenile probation officer to

11  inform the court of the need for the assessment and the

12  refusal of the child to participate in such assessment. This

13  assessment, classification, and placement process shall

14  develop into the predisposition report.

15         e.  Making recommendations for services and

16  facilitating the delivery of those services to the child,

17  including any mental health services, educational services,

18  family counseling services, family assistance services, and

19  substance abuse services. The juvenile probation officer shall

20  serve as the primary case manager for the purpose of managing,

21  coordinating, and monitoring the services provided to the

22  child. Each program administrator within the Department of

23  Children and Family Services shall cooperate with the primary

24  case manager in carrying out the duties and responsibilities

25  described in this section.

26  

27  The Department of Juvenile Justice shall annually advise the

28  Legislature and the Executive Office of the Governor of the

29  resources needed in order for the intake and case management

30  system to maintain a staff-to-client ratio that is consistent

31  with accepted standards and allows the necessary supervision

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 1  and services for each child. The intake process and case

 2  management system shall provide a comprehensive approach to

 3  assessing the child's needs, relative risks, and most

 4  appropriate handling, and shall be based on an individualized

 5  treatment plan.

 6         (3)(b)  The intake and case management system shall

 7  facilitate consistency in the recommended placement of each

 8  child, and in the assessment, classification, and placement

 9  process, with the following purposes:

10         (a)1.  An individualized, multidisciplinary assessment

11  process that identifies the priority needs of each individual

12  child for rehabilitation and treatment and identifies any

13  needs of the child's parents or guardians for services that

14  would enhance their ability to provide adequate support,

15  guidance, and supervision for the child. This process shall

16  begin with the detention risk assessment instrument and

17  decision, shall include the intake preliminary screening and

18  comprehensive assessment for substance abuse treatment

19  services, mental health services, retardation services,

20  literacy services, and other educational and treatment

21  services as components, additional assessment of the child's

22  treatment needs, and classification regarding the child's

23  risks to the community and, for a serious or habitual

24  delinquent child, shall include the assessment for placement

25  in a serious or habitual delinquent children program under

26  pursuant to s. 985.47 985.31. The completed multidisciplinary

27  assessment process shall result in the predisposition report.

28         (b)2.  A classification system that assigns a relative

29  risk to the child and the community based upon assessments

30  including the detention risk assessment results when available

31  

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 1  to classify the child's risk as it relates to placement and

 2  supervision alternatives.

 3         (c)3.  An admissions process that facilitates for each

 4  child the utilization of the treatment plan and setting most

 5  appropriate to meet the child's programmatic needs and provide

 6  the minimum program security needed to ensure public safety.

 7         (4)  The department shall annually advise the

 8  Legislature and the Executive Office of the Governor of the

 9  resources needed in order for the intake and case management

10  system to maintain a staff-to-client ratio that is consistent

11  with accepted standards and allows the necessary supervision

12  and services for each child. The intake process and case

13  management system shall provide a comprehensive approach to

14  assessing the child's needs, relative risks, and most

15  appropriate handling, and shall be based on an individualized

16  treatment plan.

17         (2)  The intake process shall be performed by the

18  department through a case management system. The purpose of

19  the intake process is to assess the child's needs and risks

20  and to determine the most appropriate treatment plan and

21  setting for the child's programmatic needs and risks. The

22  intake process shall result in choosing the most appropriate

23  services through a balancing of the interests and needs of the

24  child with those of the family and the public. The juvenile

25  probation officer is responsible for making informed decisions

26  and recommendations to other agencies, the state attorney, and

27  the courts so that the child and family may receive the least

28  intrusive service alternative throughout the judicial process.

29  The department shall establish uniform procedures for the

30  juvenile probation officer to provide, prior to the filing of

31  a petition or as soon as possible thereafter and prior to a

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 1  disposition hearing, a preliminary screening of the child and

 2  family for substance abuse and mental health services.

 3         Section 24.  Subsections (3), (4), and (5) of section

 4  985.21, Florida Statutes, are renumbered as section 985.145,

 5  Florida Statutes, and amended to read:

 6         985.145  Responsibilities of juvenile probation officer

 7  during intake; screenings and assessments.--

 8         (1)  The juvenile probation officer shall serve as the

 9  primary case manager for the purpose of managing,

10  coordinating, and monitoring the services provided to the

11  child. Each program administrator within the Department of

12  Children and Family Services shall cooperate with the primary

13  case manager in carrying out the duties and responsibilities

14  described in this section. In addition to duties specified in

15  other sections and through departmental rules, the assigned

16  juvenile probation officer shall be responsible for the

17  following:

18         (a)(3)  Reviewing probable cause affidavit.--The

19  juvenile probation officer shall make a preliminary

20  determination as to whether the report, affidavit, or

21  complaint is complete, consulting with the state attorney as

22  may be necessary. A report, affidavit, or complaint alleging

23  that a child has committed a delinquent act or violation of

24  law shall be made to the intake office operating in the county

25  in which the child is found or in which the delinquent act or

26  violation of law occurred. Any person or agency having

27  knowledge of the facts may make such a written report,

28  affidavit, or complaint and shall furnish to the intake office

29  facts sufficient to establish the jurisdiction of the court

30  and to support a finding by the court that the child has

31  committed a delinquent act or violation of law.

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 1         (b)(4)  Notification concerning apparent

 2  insufficiencies in probable cause affidavit.--The juvenile

 3  probation officer shall make a preliminary determination as to

 4  whether the report, affidavit, or complaint is complete,

 5  consulting with the state attorney as may be necessary. In any

 6  case where the juvenile probation officer or the state

 7  attorney finds that the report, affidavit, or complaint is

 8  insufficient by the standards for a probable cause affidavit,

 9  the juvenile probation officer or state attorney shall return

10  the report, affidavit, or complaint, without delay, to the

11  person or agency originating the report, affidavit, or

12  complaint or having knowledge of the facts or to the

13  appropriate law enforcement agency having investigative

14  jurisdiction of the offense, and shall request, and the person

15  or agency shall promptly furnish, additional information in

16  order to comply with the standards for a probable cause

17  affidavit.

18         (c)  Screening.--During the intake process, the

19  juvenile probation officer shall screen each child or shall

20  cause each child to be screened in order to determine:

21         1.  Appropriateness for release, referral to a

22  diversionary program, including, but not limited to, a teen

23  court program, referral for community arbitration, or referral

24  to some other program or agency for the purpose of nonofficial

25  or nonjudicial handling.

26         2.  The presence of medical, psychiatric,

27  psychological, substance abuse, educational, or vocational

28  problems, or other conditions that may have caused the child

29  to come to the attention of law enforcement or the department.

30  The child shall also be screened to determine whether the

31  child poses a danger to himself or herself or others in the

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 1  community. The results of this screening shall be made

 2  available to the court and to court officers. In cases where

 3  such conditions are identified and a nonjudicial handling of

 4  the case is chosen, the juvenile probation officer shall

 5  attempt to refer the child to a program or agency, together

 6  with all available and relevant assessment information

 7  concerning the child's precipitating condition.

 8         (d)  Completing the risk assessment instrument.--The

 9  juvenile probation officer shall ensure that a risk assessment

10  instrument establishing the child's eligibility for detention

11  has been accurately completed and that the appropriate

12  recommendation was made to the court.

13         (e)  Rights.--The juvenile probation officer shall

14  inquire as to whether the child understands his or her rights

15  to counsel and against self-incrimination.

16         (f)  Multidisciplinary assessment.--The juvenile

17  probation officer shall coordinate the multidisciplinary

18  assessment when required, which includes the classification

19  and placement process that determines the child's priority

20  needs, risk classification, and treatment plan. When

21  sufficient evidence exists to warrant a comprehensive

22  assessment and the child fails to voluntarily participate in

23  the assessment efforts, it is the responsibility of the

24  juvenile probation officer to inform the court of the need for

25  the assessment and the refusal of the child to participate in

26  such assessment. This assessment, classification, and

27  placement process shall develop into the predisposition

28  report.

29         (g)  Comprehensive assessment.--The juvenile probation

30  officer, pursuant to uniform procedures established by the

31  

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 1  department and upon determining that the report, affidavit, or

 2  complaint is complete, shall:

 3         1.  Perform the preliminary screening and make

 4  referrals for a comprehensive assessment regarding the child's

 5  need for substance abuse treatment services, mental health

 6  services, retardation services, literacy services, or other

 7  educational or treatment services.

 8         2.  When indicated by the preliminary screening,

 9  provide for a comprehensive assessment of the child and family

10  for substance abuse problems, using community-based licensed

11  programs with clinical expertise and experience in the

12  assessment of substance abuse problems.

13         3.  When indicated by the preliminary screening,

14  provide for a comprehensive assessment of the child and family

15  for mental health problems, using community-based

16  psychologists, psychiatrists, or other licensed mental health

17  professionals with clinical expertise and experience in the

18  assessment of mental health problems.

19         (h)  Referrals for services.--The juvenile probation

20  officer shall make recommendations for services and facilitate

21  the delivery of those services to the child, including any

22  mental health services, educational services, family

23  counseling services, family assistance services, and substance

24  abuse services.

25         (i)  Recommendation concerning a petition.--Upon

26  determining that the report, affidavit, or complaint complies

27  with the standards of a probable cause affidavit and that the

28  interest of the child and the public will be best served, the

29  juvenile probation officer may recommend that a delinquency

30  petition not be filed. If such a recommendation is made, the

31  juvenile probation officer shall advise in writing the person

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 1  or agency making the report, affidavit, or complaint, the

 2  victim, if any, and the law enforcement agency having

 3  investigative jurisdiction over the offense of the

 4  recommendation; the reasons therefore; and that the person or

 5  agency may submit, within 10 days after the receipt of such

 6  notice, the report, affidavit, or complaint to the state

 7  attorney for special review. The state attorney, upon

 8  receiving a request for special review, shall consider the

 9  facts presented by the report, affidavit, or complaint, and by

10  the juvenile probation officer who made the recommendation

11  that no petition be filed, before making a final decision as

12  to whether a petition or information should or should not be

13  filed.

14         (j)  Completing intake report.--Subject to the

15  interagency agreement authorized under this paragraph, the

16  juvenile probation officer for each case in which a child is

17  alleged to have committed a violation of law or delinquent act

18  and is not detained shall submit a written report to the state

19  attorney, including the original report, complaint, or

20  affidavit, or a copy thereof, including a copy of the child's

21  prior juvenile record, within 20 days after the date the child

22  is taken into custody. In cases in which the child is in

23  detention, the intake office report must be submitted within

24  24 hours after the child is placed into detention. The intake

25  office report may include a recommendation that a petition or

26  information be filed or that no petition or information be

27  filed and may set forth reasons for the recommendation. The

28  state attorney and the department may, on a

29  district-by-district basis, enter into interagency agreements

30  denoting the cases that will require a recommendation and

31  those for which a recommendation is unnecessary.

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 1         (a)  The juvenile probation officer, upon determining

 2  that the report, affidavit, or complaint is complete, pursuant

 3  to uniform procedures established by the department, shall:

 4         1.  When indicated by the preliminary screening,

 5  provide for a comprehensive assessment of the child and family

 6  for substance abuse problems, using community-based licensed

 7  programs with clinical expertise and experience in the

 8  assessment of substance abuse problems.

 9         2.  When indicated by the preliminary screening,

10  provide for a comprehensive assessment of the child and family

11  for mental health problems, using community-based

12  psychologists, psychiatrists, or other licensed mental health

13  professionals with clinical expertise and experience in the

14  assessment of mental health problems.

15  

16  When indicated by the comprehensive assessment, the department

17  is authorized to contract within appropriated funds for

18  services with a local nonprofit community mental health or

19  substance abuse agency licensed or authorized under chapter

20  394, or chapter 397, or other authorized nonprofit social

21  service agency providing related services. The determination

22  of mental health or substance abuse services shall be

23  conducted in coordination with existing programs providing

24  mental health or substance abuse services in conjunction with

25  the intake office. Client information resulting from the

26  screening and evaluation shall be documented pursuant to rules

27  established by the department and shall serve to assist the

28  juvenile probation officer in providing the most appropriate

29  services and recommendations in the least intrusive manner.

30  Such client information shall be used in the multidisciplinary

31  assessment and classification of the child, but such

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 1  information, and any information obtained directly or

 2  indirectly through the assessment process, is inadmissible in

 3  court prior to the disposition hearing, unless the child's

 4  written consent is obtained. At the disposition hearing,

 5  documented client information shall serve to assist the court

 6  in making the most appropriate custody, adjudicatory, and

 7  dispositional decision. If the screening and assessment

 8  indicate that the interest of the child and the public will be

 9  best served thereby, the juvenile probation officer, with the

10  approval of the state attorney, may refer the child for care,

11  diagnostic and evaluation services, substance abuse treatment

12  services, mental health services, retardation services, a

13  diversionary or arbitration or mediation program, community

14  service work, or other programs or treatment services

15  voluntarily accepted by the child and the child's parents or

16  legal guardians. The victim, if any, and the law enforcement

17  agency which investigated the offense shall be notified

18  immediately by the state attorney of the action taken under

19  this paragraph. Whenever a child volunteers to participate in

20  any work program under this chapter or volunteers to work in a

21  specified state, county, municipal, or community service

22  organization supervised work program or to work for the

23  victim, the child shall be considered an employee of the state

24  for the purposes of liability. In determining the child's

25  average weekly wage, unless otherwise determined by a specific

26  funding program, all remuneration received from the employer

27  is considered a gratuity, and the child is not entitled to any

28  benefits otherwise payable under s. 440.15, regardless of

29  whether the child may be receiving wages and remuneration from

30  other employment with another employer and regardless of the

31  child's future wage-earning capacity.

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 1         (b)  The juvenile probation officer, upon determining

 2  that the report, affidavit, or complaint complies with the

 3  standards of a probable cause affidavit and that the interest

 4  of the child and the public will be best served, may recommend

 5  that a delinquency petition not be filed. If such a

 6  recommendation is made, the juvenile probation officer shall

 7  advise in writing the person or agency making the report,

 8  affidavit, or complaint, the victim, if any, and the law

 9  enforcement agency having investigative jurisdiction of the

10  offense of the recommendation and the reasons therefor; and

11  that the person or agency may submit, within 10 days after the

12  receipt of such notice, the report, affidavit, or complaint to

13  the state attorney for special review. The state attorney,

14  upon receiving a request for special review, shall consider

15  the facts presented by the report, affidavit, or complaint,

16  and by the juvenile probation officer who made the

17  recommendation that no petition be filed, before making a

18  final decision as to whether a petition or information should

19  or should not be filed.

20         (c)  Subject to the interagency agreement authorized

21  under this paragraph, the juvenile probation officer for each

22  case in which a child is alleged to have committed a violation

23  of law or delinquent act and is not detained shall submit a

24  written report to the state attorney, including the original

25  report, complaint, or affidavit, or a copy thereof, including

26  a copy of the child's prior juvenile record, within 20 days

27  after the date the child is taken into custody. In cases in

28  which the child is in detention, the intake office report must

29  be submitted within 24 hours after the child is placed into

30  detention. The intake office report may include a

31  recommendation that a petition or information be filed or that

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 1  no petition or information be filed, and may set forth reasons

 2  for the recommendation. The State Attorney and the Department

 3  of Juvenile Justice may, on a district-by-district basis,

 4  enter into interagency agreements denoting the cases that will

 5  require a recommendation and those for which a recommendation

 6  is unnecessary.

 7         (d)  The state attorney may in all cases take action

 8  independent of the action or lack of action of the juvenile

 9  probation officer, and shall determine the action which is in

10  the best interest of the public and the child. If the child

11  meets the criteria requiring prosecution as an adult pursuant

12  to s. 985.226, the state attorney shall request the court to

13  transfer and certify the child for prosecution as an adult or

14  shall provide written reasons to the court for not making such

15  request. In all other cases, the state attorney may:

16         1.  File a petition for dependency;

17         2.  File a petition pursuant to chapter 984;

18         3.  File a petition for delinquency;

19         4.  File a petition for delinquency with a motion to

20  transfer and certify the child for prosecution as an adult;

21         5.  File an information pursuant to s. 985.227;

22         6.  Refer the case to a grand jury;

23         7.  Refer the child to a diversionary, pretrial

24  intervention, arbitration, or mediation program, or to some

25  other treatment or care program if such program commitment is

26  voluntarily accepted by the child or the child's parents or

27  legal guardians; or

28         8.  Decline to file.

29         (e)  In cases in which a delinquency report, affidavit,

30  or complaint is filed by a law enforcement agency and the

31  state attorney determines not to file a petition, the state

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 1  attorney shall advise the clerk of the circuit court in

 2  writing that no petition will be filed thereon.

 3         (2)(5)  Prior to requesting that a delinquency petition

 4  be filed or prior to filing a dependency petition, the

 5  juvenile probation officer may request the parent or legal

 6  guardian of the child to attend a course of instruction in

 7  parenting skills, training in conflict resolution, and the

 8  practice of nonviolence; to accept counseling; or to receive

 9  other assistance from any agency in the community which

10  notifies the clerk of the court of the availability of its

11  services. Where appropriate, the juvenile probation officer

12  shall request both parents or guardians to receive such

13  parental assistance. The juvenile probation officer may, in

14  determining whether to request that a delinquency petition be

15  filed, take into consideration the willingness of the parent

16  or legal guardian to comply with such request. The parent or

17  guardian must provide the juvenile probation officer with

18  identifying information, including the parent's or guardian's

19  name, address, date of birth, social security number, and

20  driver's license number or identification card number in order

21  to comply with s. 985.039 985.2311.

22         (3)  When indicated by the comprehensive assessment,

23  the department is authorized to contract within appropriated

24  funds for services with a local nonprofit community mental

25  health or substance abuse agency licensed or authorized under

26  chapter 394 or chapter 397 or other authorized nonprofit

27  social service agency providing related services. The

28  determination of mental health or substance abuse services

29  shall be conducted in coordination with existing programs

30  providing mental health or substance abuse services in

31  conjunction with the intake office.

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 1         (4)  Client information resulting from the screening

 2  and evaluation shall be documented under rules established by

 3  the department and shall serve to assist the juvenile

 4  probation officer in providing the most appropriate services

 5  and recommendations in the least intrusive manner. Such client

 6  information shall be used in the multidisciplinary assessment

 7  and classification of the child, but such information, and any

 8  information obtained directly or indirectly through the

 9  assessment process, is inadmissible in court prior to the

10  disposition hearing, unless the child's written consent is

11  obtained. At the disposition hearing, documented client

12  information shall serve to assist the court in making the most

13  appropriate custody, adjudicatory, and dispositional decision.

14         (5)  If the screening and assessment indicate that the

15  interest of the child and the public will be best served

16  thereby, the juvenile probation officer, with the approval of

17  the state attorney, may refer the child for care, diagnostic,

18  and evaluation services; substance abuse treatment services;

19  mental health services; retardation services; a diversionary,

20  arbitration, or mediation program; community service work; or

21  other programs or treatment services voluntarily accepted by

22  the child and the child's parents or legal guardian. Whenever

23  a child volunteers to participate in any work program under

24  this chapter or volunteers to work in a specified state,

25  county, municipal, or community service organization

26  supervised work program or to work for the victim, the child

27  shall be considered an employee of the state for the purposes

28  of liability. In determining the child's average weekly wage,

29  unless otherwise determined by a specific funding program, all

30  remuneration received from the employer is considered a

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

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

 2  child may be receiving wages and remuneration from other

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

 4  future wage-earning capacity.

 5         (6)  The victim, if any, and the law enforcement agency

 6  that investigated the offense shall be notified immediately by

 7  the state attorney of the action taken under subsection (5).

 8         Section 25.  Section 985.15, Florida Statutes, is

 9  created to read:

10         985.15  Filing decisions.--

11         (1)  The state attorney may in all cases take action

12  independent of the action or lack of action of the juvenile

13  probation officer and shall determine the action that is in

14  the best interest of the public and the child. If the child

15  meets the criteria requiring prosecution as an adult under s.

16  985.556, the state attorney shall request the court to

17  transfer and certify the child for prosecution as an adult or

18  shall provide written reasons to the court for not making such

19  a request. In all other cases, the state attorney may:

20         (a)  File a petition for dependency;

21         (b)  File a petition under chapter 984;

22         (c)  File a petition for delinquency;

23         (d)  File a petition for delinquency with a motion to

24  transfer and certify the child for prosecution as an adult;

25         (e)  File an information under s. 985.557;

26         (f)  Refer the case to a grand jury;

27         (g)  Refer the child to a diversionary, pretrial

28  intervention, arbitration, or mediation program, or to some

29  other treatment or care program if such program commitment is

30  voluntarily accepted by the child or the child's parents or

31  legal guardian; or

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 1         (h)  Decline to file.

 2         (2)  In cases in which a delinquency report, affidavit,

 3  or complaint is filed by a law enforcement agency and the

 4  state attorney determines not to file a petition, the state

 5  attorney shall advise the clerk of the circuit court in

 6  writing that no petition will be filed thereon.

 7         Section 26.  Section 985.303, Florida Statutes, is

 8  renumbered as section 985.155, Florida Statutes.

 9         Section 27.  Section 985.304, Florida Statutes, is

10  renumbered as section 985.16, Florida Statutes, and subsection

11  (3) of that section is amended to read:

12         985.16 985.304  Community arbitration.--

13         (3)  COMMUNITY ARBITRATORS.--The chief judge of each

14  judicial circuit shall maintain a list of qualified persons

15  who have agreed to serve as community arbitrators for the

16  purpose of carrying out the provisions of this chapter part.

17  Community arbitrators shall meet the qualification and

18  training requirements adopted in rule by the Supreme Court.

19  Whenever possible, qualified volunteers shall be used as

20  community arbitrators.

21         (a)  Each community arbitrator or member of a community

22  arbitration panel shall be selected by the chief judge of the

23  circuit, the senior circuit court judge assigned to juvenile

24  cases in the circuit, and the state attorney. A community

25  arbitrator or, in the case of a panel, the chief arbitrator

26  shall have such powers as are necessary to conduct the

27  proceedings in a fair and expeditious manner.

28         (b)  A community arbitrator or member of a community

29  arbitration panel shall be trained or experienced in juvenile

30  causes and shall be:

31  

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 1         1.  Either a graduate of an accredited law school or of

 2  an accredited school with a degree in behavioral social work

 3  or trained in conflict resolution techniques; and

 4         2.  A person of the temperament necessary to deal

 5  properly with cases involving children and with the family

 6  crises likely to be presented to him or her.

 7         Section 28.  Subsections (1) through (4) and (5)

 8  through (8) of section 985.224, Florida Statutes, are

 9  renumbered, respectively, as subsections (1) through (4) and

10  (6) through (9) of section 985.18, Florida Statutes, and

11  paragraph (e) of subsection (10) of section 985.215, Florida

12  Statutes, is renumbered as subsection (5) of section 985.18,

13  Florida Statutes.

14         Section 29.  Subsections (1) and (2) of section

15  985.229, Florida Statutes, are renumbered as section 985.185,

16  Florida Statutes, and amended to read:

17         985.185  Evaluations for disposition.--

18         (1)  Upon a finding that the child has committed a

19  delinquent act, the court may order a predisposition report

20  regarding the eligibility of the child for disposition other

21  than by adjudication and commitment to the department or for

22  disposition of adjudication, commitment to the department,

23  and, if appropriate, assignment of a residential commitment

24  level. The predisposition report shall be the result of the

25  multidisciplinary assessment when such assessment is needed,

26  and of the classification and placement process, and it shall

27  indicate and report the child's priority needs,

28  recommendations as to a classification of risk for the child

29  in the context of his or her program and supervision needs,

30  and a plan for treatment that recommends the most appropriate

31  placement setting to meet the child's needs with the minimum

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 1  program security that reasonably ensures public safety. A

 2  predisposition report shall be ordered for any child for whom

 3  a residential commitment disposition is anticipated or

 4  recommended by an officer of the court or by the department. A

 5  comprehensive evaluation for physical health, mental health,

 6  substance abuse, academic, educational, or vocational problems

 7  shall be ordered for any child for whom a residential

 8  commitment disposition is anticipated or recommended by an

 9  officer of the court or by the department. If a comprehensive

10  evaluation is ordered, the predisposition report shall include

11  a summary of the comprehensive evaluation. The predisposition

12  report shall be submitted to the court upon completion of the

13  report but no later than 48 hours prior to the disposition

14  hearing. The predisposition report shall not be reviewed by

15  the court without the consent of the child and his or her

16  legal counsel until the child has been found to have committed

17  a delinquent act.

18         (2)  The court shall consider the child's entire

19  assessment and predisposition report and shall review the

20  records of earlier judicial proceedings Prior to making a

21  final disposition of the case,. the court may, by order,

22  require additional evaluations and studies to be performed by

23  the department, by the county school system, or by any social,

24  psychological, or psychiatric agencies of the state. The court

25  shall order the educational needs assessment completed under

26  s. 985.18(2) pursuant to s. 985.224(2) to be included in the

27  assessment and predisposition report.

28         Section 30.  Sections 985.223 and 985.418, Florida

29  Statutes, are renumbered, respectively, as sections 985.19 and

30  985.195, Florida Statutes.

31  

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 1         Section 31.  Subsections (1) and (4) of section

 2  985.213, Florida Statutes, are renumbered as subsections (1)

 3  and (4) of section 985.24, Florida Statutes, and subsections

 4  (1) and (2) of section 985.214, Florida Statutes, are

 5  renumbered as subsections (2) and (3) of section 985.24,

 6  Florida Statutes, and amended to read:

 7         985.24 985.213  Use of detention; prohibitions.--

 8         (1)  All determinations and court orders regarding the

 9  use of secure, nonsecure, or home detention shall be based

10  primarily upon findings that the child:

11         (a)  Presents a substantial risk of not appearing at a

12  subsequent hearing;

13         (b)  Presents a substantial risk of inflicting bodily

14  harm on others as evidenced by recent behavior;

15         (c)  Presents a history of committing a property

16  offense prior to adjudication, disposition, or placement;

17         (d)  Has committed contempt of court by:

18         1.  Intentionally disrupting the administration of the

19  court;

20         2.  Intentionally disobeying a court order; or

21         3.  Engaging in a punishable act or speech in the

22  court's presence which shows disrespect for the authority and

23  dignity of the court; or

24         (e)  Requests protection from imminent bodily harm.

25         985.214  Prohibited uses of detention.--

26         (2)(1)  A child alleged to have committed a delinquent

27  act or violation of law may not be placed into secure,

28  nonsecure, or home detention care for any of the following

29  reasons:

30         (a)  To allow a parent to avoid his or her legal

31  responsibility.

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 1         (b)  To permit more convenient administrative access to

 2  the child.

 3         (c)  To facilitate further interrogation or

 4  investigation.

 5         (d)  Due to a lack of more appropriate facilities.

 6         (3)(2)  A child alleged to be dependent under part II

 7  of chapter 39 may not, under any circumstances, be placed into

 8  secure detention care.

 9         (4)  The department of Juvenile Justice shall continue

10  to identify alternatives to secure detention care and shall

11  develop such alternatives and annually submit them to the

12  Legislature for authorization and appropriation.

13         Section 32.  Subsection (2) of section 985.213, Florida

14  Statutes, is renumbered as section 985.245, Florida Statutes,

15  and amended to read:

16         985.245  Risk assessment instrument.--

17         (1)(2)(a)  All determinations and court orders

18  regarding placement of a child into detention care shall

19  comply with all requirements and criteria provided in this

20  part and shall be based on a risk assessment of the child,

21  unless the child is placed into detention care as provided in

22  s. 985.255(2) subparagraph (b)3.

23         (2)(a)(b)1.  The risk assessment instrument for

24  detention care placement determinations and orders shall be

25  developed by the department of Juvenile Justice in agreement

26  with representatives appointed by the following associations:

27  the Conference of Circuit Judges of Florida, the Prosecuting

28  Attorneys Association, the Public Defenders Association, the

29  Florida Sheriffs Association, and the Florida Association of

30  Chiefs of Police. Each association shall appoint two

31  individuals, one representing an urban area and one

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 1  representing a rural area. The parties involved shall evaluate

 2  and revise the risk assessment instrument as is considered

 3  necessary using the method for revision as agreed by the

 4  parties.

 5         (b)  The risk assessment instrument shall take into

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

 7  failure to appear, prior offenses, offenses committed pending

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

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

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

11  The risk assessment instrument shall also take into

12  consideration appropriate aggravating and mitigating

13  circumstances, and shall be designed to target a narrower

14  population of children than s. 985.255 985.215(2). The risk

15  assessment instrument shall also include any information

16  concerning the child's history of abuse and neglect. The risk

17  assessment shall indicate whether detention care is warranted,

18  and, if detention care is warranted, whether the child should

19  be placed into secure, nonsecure, or home detention care.

20         (3)2.  If, at the detention hearing, the court finds a

21  material error in the scoring of the risk assessment

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

23  accuracy.

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

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

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

27  court makes specific written findings that:

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

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

30  detention in order to protect the victim from injury.

31  

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

 2  subparagraph for more than 48 hours unless ordered by the

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

 4  state attorney or victim requests that secure detention be

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

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

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

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

 9  limits set forth in s. 985.215.

10         (4)4.  For a child who is under the supervision of the

11  department through probation, home detention, nonsecure

12  detention, conditional release, postcommitment probation, or

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

14  the risk assessment instrument may be completed and scored

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

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

17         Section 33.  Subsection (1) and paragraph (b) of

18  subsection (5) of section 985.215, Florida Statutes, are

19  renumbered as section 985.25, Florida Statutes, and amended to

20  read:

21         985.25 985.215  Detention intake.--

22         (1)  The juvenile probation officer shall receive

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

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

25  enforcement report or probable cause affidavit and make such

26  further inquiry as may be necessary to determine whether

27  detention care is required.

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

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

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

31  detention care, nonsecure detention care, or home detention

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 1  care shall be made by the juvenile probation officer under ss.

 2  985.24 and 985.245(1) pursuant to ss. 985.213 and 985.214.

 3         (b)  The juvenile probation officer shall base the

 4  decision whether or not to place the child into secure

 5  detention care, home detention care, or nonsecure detention

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

 7  assessment instrument and procedures developed by the

 8  department of Juvenile Justice under s. 985.245 985.213.

 9  However, a child charged with possessing or discharging a

10  firearm on school property in violation of s. 790.115 shall be

11  placed in secure detention care.

12         (c)  If the juvenile probation officer determines that

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

14  of the risk assessment instrument should be released, the

15  juvenile probation officer shall contact the state attorney,

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

17  child may be released by the juvenile probation officer in

18  accordance with ss. 985.115 and 985.13 s. 985.211.

19  

20  Under no circumstances shall the juvenile probation officer or

21  the state attorney or law enforcement officer authorize the

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

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

24  court.

25         (2)(5)

26         (b)  The arresting law enforcement agency shall

27  complete and present its investigation of an offense under

28  this subsection to the appropriate state attorney's office

29  within 8 days after placement of the child in secure

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

31  to, police reports and supplemental police reports, witness

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 1  statements, and evidence collection documents. The failure of

 2  a law enforcement agency to complete and present its

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

 4  released from secure detention or to a dismissal of any

 5  charges.

 6         Section 34.  Subsection (2) of section 985.215, Florida

 7  Statutes, is renumbered as section 985.255, Florida Statutes,

 8  and amended to read:

 9         985.255  Detention criteria; detention hearing.--

10         (1)(2)  Subject to s. 985.25(1) the provisions of

11  subsection (1), a child taken into custody and placed into

12  nonsecure or home detention care or detained in secure

13  detention care prior to a detention hearing may continue to be

14  detained by the court if:

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

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

17  conditional release supervision, or is alleged to have escaped

18  while being lawfully transported to or from such program or

19  supervision.

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

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

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

23  violation of law and requests in writing through legal counsel

24  to be detained for protection from an imminent physical threat

25  to his or her personal safety.

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

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

28  provided in subsection (2) s. 985.213(2)(b)3.

29         (e)  The child is charged with possession or

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

31  790.115.

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

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

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

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

 5  including any such offense involving the use or possession of

 6  a firearm.

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

 8  third degree felony involving a violation of chapter 893 or

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

10  and the child:

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

12  after being properly notified in accordance with the Rules of

13  Juvenile Procedure;

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

15  hearings;

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

17  is awaiting final disposition of the case;

18         4.  Has a record of violent conduct resulting in

19  physical injury to others; or

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

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

22  conditions of the child's probation or conditional release

23  supervision. However, a child detained under this paragraph

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

25  985.439 985.231(1)(a)1.c. If a consequence unit is not

26  available, the child shall be placed on home detention with

27  electronic monitoring.

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

29  failure to appear and has previously willfully failed to

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

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

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

 2  72 hours in advance of the next scheduled court hearing

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

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

 5  valid mailing address where the child will receive notice to

 6  appear at court proceedings does not provide an adequate

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

 8  hearings.

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

10  failure to appear and has previously willfully failed to

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

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

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

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

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

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

17  current and valid mailing address where the child will receive

18  notice to appear at court proceedings does not provide an

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

20  the hearings.

21         (2)  A child who is charged with committing an offense

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

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

24  court makes specific written findings that:

25         (a)  Respite care for the child is not available.

26         (b)  It is necessary to place the child in secure

27  detention in order to protect the victim from injury.

28  

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

30  subsection for more than 48 hours unless ordered by the court.

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

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 1  attorney or victim requests that secure detention be

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

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

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

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

 6  limits set forth in this section or s. 985.26.

 7         (3)(a)  A child who meets any of the these criteria in

 8  subsection (1) and who is ordered to be detained under that

 9  pursuant to this subsection shall be given a hearing within 24

10  hours after being taken into custody. The purpose of the

11  detention hearing is to determine the existence of probable

12  cause that the child has committed the delinquent act or

13  violation of law that with which he or she is charged with and

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

15  under paragraph (1)(d) or paragraph (1)(e), the court shall

16  use utilize the results of the risk assessment performed by

17  the juvenile probation officer and, based on the criteria in

18  this subsection (1), shall determine the need for continued

19  detention. A child placed into secure, nonsecure, or home

20  detention care may continue to be so detained by the court

21  pursuant to this subsection.

22         (b)  If the court orders a placement more restrictive

23  than indicated by the results of the risk assessment

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

25  convincing reasons for such placement.

26         (c)  Except as provided in s. 790.22(8) or in s. 985.27

27  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

28  or paragraph (10)(d), when a child is placed into secure or

29  nonsecure detention care, or into a respite home or other

30  placement pursuant to a court order following a hearing, the

31  court order must include specific instructions that direct the

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 1  release of the child from such placement no later than 5 p.m.

 2  on the last day of the detention period specified in s. 985.26

 3  or s. 985.27 paragraph (5)(b) or paragraph (5)(c), or

 4  subparagraph (10)(a)1., whichever is applicable, unless the

 5  requirements of such applicable provision have been met or an

 6  order of continuance has been granted under s. 985.26(4)

 7  pursuant to paragraph (5)(f).

 8         Section 35.  Paragraphs (c) and (g) of subsection (5)

 9  of section 985.215, Florida Statutes, are renumbered as

10  subsection (2) of section 985.26, Florida Statutes, paragraphs

11  (a), (d), (e), and (f) of subsection (5) of section 985.215,

12  Florida Statutes, are renumbered, respectively, as subsections

13  (1), (3), (5), and (4) of section 985.26, Florida Statutes,

14  and subsection (7) of section 985.215, Florida Statutes, is

15  renumbered as subsection (6) of section 985.26, Florida

16  Statutes, and amended to read:

17         985.26  Length of detention.--

18         (1)(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  985.255 subsection (2). The order shall be a final order,

24  reviewable by appeal under pursuant to s. 985.534 985.234 and

25  the Florida Rules of Appellate Procedure. Appeals of such

26  orders shall take precedence over other appeals and other

27  pending matters.

28         (2)(c)  Except as provided in paragraph (g), A child

29  may not be held in secure, nonsecure, or home detention care

30  under a special detention order for more than 21 days unless

31  an adjudicatory hearing for the case has been commenced in

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 1  good faith by the court. However, upon good cause being shown

 2  that the nature of the charge requires additional time for the

 3  prosecution or defense of the case, the court may extend the

 4  length of detention for an additional 9 days if the child is

 5  charged with an offense that would be, if committed by an

 6  adult, a capital felony, a life felony, a felony of the first

 7  degree, or a felony of the second degree involving violence

 8  against any individual.

 9         (3)(d)  Except as provided in subsection (2) paragraph

10  (g), a child may not be held in secure, nonsecure, or home

11  detention care for more than 15 days following the entry of an

12  order of adjudication.

13         (4)(f)  The time limits in subsections (2) and (3)

14  paragraphs (c) and (d) do not include periods of delay

15  resulting from a continuance granted by the court for cause on

16  motion of the child or his or her counsel or of the state.

17  Upon the issuance of an order granting a continuance for cause

18  on a motion by either the child, the child's counsel, or the

19  state, the court shall conduct a hearing at the end of each

20  72-hour period, excluding Saturdays, Sundays, and legal

21  holidays, to determine the need for continued detention of the

22  child and the need for further continuance of proceedings for

23  the child or the state.

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

25  time of the adjudicatory hearing, but for whom residential

26  commitment is anticipated or recommended, may be placed under

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

28  excluding weekends and legal holidays, for the purpose of

29  conducting a comprehensive evaluation as provided in s.

30  985.185 985.229(1). Motions for the issuance of such special

31  detention order may be made subsequent to a finding of

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 1  delinquency. Upon said motion, the court shall conduct a

 2  hearing to determine the appropriateness of such special

 3  detention order and shall order the least restrictive level of

 4  detention necessary to complete the comprehensive evaluation

 5  process that is consistent with public safety. Such special

 6  detention order may be extended for an additional 72 hours

 7  upon further order of the court.

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

 9  charge requires additional time for the prosecution or defense

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

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

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

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

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

15  involving violence against any individual.

16         (6)(7)  If a child is detained and a petition for

17  delinquency is filed, the child shall be arraigned in

18  accordance with the Florida Rules of Juvenile Procedure within

19  48 hours after the filing of the petition for delinquency.

20         Section 36.  Subsections (4), (8), (9), and (11) of

21  section 985.215, Florida Statutes, are renumbered,

22  respectively, as subsections (5), (1), (2), and (3) of section

23  985.265, Florida Statutes, and subsection (3) of section

24  985.213, Florida Statutes, is renumbered as subsection (4) of

25  section 985.265, Florida Statutes, and amended to read:

26         985.265  Detention transfer and release; education;

27  adult jails.--

28         (1)(8)  If a child is detained under pursuant to this

29  part section, the department of Juvenile Justice may transfer

30  the child from nonsecure or home detention care to secure

31  

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 1  detention care only if significantly changed circumstances

 2  warrant such transfer.

 3         (2)(9)  If a child is on release status and not

 4  detained under pursuant to this part section, the child may be

 5  placed into secure, nonsecure, or home detention care only

 6  pursuant to a court hearing in which the original risk

 7  assessment instrument, rescored based on newly discovered

 8  evidence or changed circumstances with the results

 9  recommending detention, is introduced into evidence.

10         (3)(11)(a)  When a juvenile sexual offender is placed

11  in detention, detention staff shall provide appropriate

12  monitoring and supervision to ensure the safety of other

13  children in the facility.

14         (b)  When a juvenile sexual offender, under pursuant to

15  this subsection, is released from detention or transferred to

16  home detention or nonsecure detention, detention staff shall

17  immediately notify the appropriate law enforcement agency and

18  school personnel.

19         (4)(3)(a)  While a child who is currently enrolled in

20  school is in nonsecure or home detention care, the child shall

21  continue to attend school unless otherwise ordered by the

22  court.

23         (b)  While a child is in secure detention care, the

24  child shall receive education commensurate with his or her

25  grade level and educational ability.

26         (5)(4)  The court shall order the delivery of a child

27  to a jail or other facility intended or used for the detention

28  of adults:

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

30  for criminal prosecution as an adult under pursuant to this

31  part X, except that the court may not order or allow a child

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 1  alleged to have committed a misdemeanor who is being

 2  transferred for criminal prosecution pursuant to either s.

 3  985.556 985.226 or s. 985.557 985.227 to be detained or held

 4  in a jail or other facility intended or used for the detention

 5  of adults; however, such child may be held temporarily in a

 6  detention facility; or

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

 8  wanted by another jurisdiction for prosecution as an adult.

 9  

10  The child shall be housed separately from adult inmates to

11  prohibit a child from having regular contact with incarcerated

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

13  sound contact. Separation of children from adults shall permit

14  no more than haphazard or accidental contact. The receiving

15  jail or other facility shall contain a separate section for

16  children and shall have an adequate staff to supervise and

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

18  monitoring of children includes physical observation and

19  documented checks by jail or receiving facility supervisory

20  personnel at intervals not to exceed 15 minutes. This

21  paragraph does not prohibit placing two or more children in

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

23  in the same cell with an adult.

24         Section 37.  Paragraphs (a) through (d) and paragraph

25  (f) of subsection (10) of section 985.215, Florida Statutes,

26  are renumbered as section 985.27, Florida Statutes, and

27  amended to read:

28         985.27  Postcommitment detention while awaiting

29  placement.--

30         (1)(10)(a)1.  When a child is committed to the

31  Department of Juvenile Justice awaiting dispositional

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 1  placement, removal of the child from detention care shall

 2  occur within 5 days, excluding Saturdays, Sundays, and legal

 3  holidays. Any child held in secure detention during the 5 days

 4  must meet detention admission criteria pursuant to this

 5  section. If the child is committed to a moderate-risk

 6  residential program, the department may seek an order from the

 7  court authorizing continued detention for a specific period of

 8  time necessary for the appropriate residential placement of

 9  the child. However, such continued detention in secure

10  detention care may not exceed 15 days after commitment,

11  excluding Saturdays, Sundays, and legal holidays, and except

12  as otherwise provided in this subsection.

13         2.  The court must place all children who are

14  adjudicated and awaiting placement in a residential commitment

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

16  care or nonsecure detention care may be placed on electronic

17  monitoring.

18         (a)  A child who is awaiting placement in a low-risk

19  residential program must be removed from detention within 5

20  days, excluding Saturdays, Sundays, and legal holidays. Any

21  child held in secure detention during the 5 days must meet

22  detention admission criteria under this part.

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

24  nonsecure detention care, or home or nonsecure detention care

25  with electronic monitoring, while awaiting placement in a

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

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

28  conditions of the home detention care, the nonsecure detention

29  care, or the electronic monitoring agreement. For any

30  subsequent violation, the court may impose an additional 5

31  days in secure detention care.

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 1         (b)  A child who is awaiting placement in a

 2  moderate-risk residential program must be removed from

 3  detention within 5 days, excluding Saturdays, Sundays, and

 4  legal holidays. Any child held in secure detention during the

 5  5 days must meet detention admission criteria under this part.

 6  The department may seek an order from the court authorizing

 7  continued detention for a specific period of time necessary

 8  for the appropriate residential placement of the child.

 9  However, such continued detention in secure detention care may

10  not exceed 15 days after entry of the commitment order,

11  excluding Saturdays, Sundays, and legal holidays, and except

12  as otherwise provided in this section. A child who is placed

13  in home detention care, nonsecure detention care, or home or

14  nonsecure detention care with electronic monitoring, while

15  awaiting placement in a moderate-risk program, may be held in

16  secure detention care for 5 days, if the child violates the

17  conditions of the home detention care, the nonsecure detention

18  care, or the electronic monitoring agreement. For any

19  subsequent violation, the court may impose an additional 5

20  days in secure detention care.

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

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

23  until placement or commitment is accomplished.

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

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

26  until placement or commitment is accomplished.

27         (2)(f)  Regardless of detention status, a child being

28  transported by the department to a commitment facility of the

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

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

31  

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

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

 3         Section 38.  Section 985.208, Florida Statutes, is

 4  renumbered as section 985.275, Florida Statutes, and amended

 5  to read:

 6         985.275 985.208  Detention of escapee on authority of

 7  the department.--

 8         (1)  If an authorized agent of the department has

 9  reasonable grounds to believe that any delinquent child

10  committed to the department has escaped from a facility of the

11  department or from being lawfully transported thereto or

12  therefrom, the agent may take the child into active custody

13  and may deliver the child to the facility or, if it is closer,

14  to a detention center for return to the facility. However, a

15  child may not be held in detention longer than 24 hours,

16  excluding Saturdays, Sundays, and legal holidays, unless a

17  special order so directing is made by the judge after a

18  detention hearing resulting in a finding that detention is

19  required based on the criteria in s. 985.255 985.215(2). The

20  order shall state the reasons for such finding. The reasons

21  shall be reviewable by appeal or in habeas corpus proceedings

22  in the district court of appeal.

23         (2)  Any sheriff or other law enforcement officer, upon

24  the request of the secretary of the department or duly

25  authorized agent, shall take a child who has escaped or

26  absconded from a department facility for committed delinquent

27  children, or from being lawfully transported thereto or

28  therefrom, into custody and deliver the child to the

29  appropriate juvenile probation officer of the department.

30         Section 39.  Section 985.218, Florida Statutes, is

31  renumbered as section 985.318, Florida Statutes.

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 1         Section 40.  Subsections (1) through (7) and (9)

 2  through (12) of section 985.219, Florida Statutes, are

 3  renumbered as subsections (1) through (11) of section 985.319,

 4  Florida Statutes, and subsection (6) of that section is

 5  amended to read:

 6         985.319 985.219 Process and service.--

 7         (6)  If the petition alleges that the child has

 8  committed a delinquent act or violation of law and the judge

 9  deems it advisable to do so, under pursuant to the criteria of

10  s. 985.255 s. 985.215, the judge may, by endorsement upon the

11  summons and after the entry of an order in which valid reasons

12  are specified, order the child to be taken into custody

13  immediately, and in such case the person serving the summons

14  shall immediately take the child into custody.

15         Section 41.  Section 985.22, Florida Statutes, is

16  renumbered as section 985.325, Florida Statutes, and amended

17  to read:

18         985.325 985.22  Threatening or dismissing an employee

19  prohibited.--

20         (1)  An employer, or the employer's agent, may not

21  dismiss from employment an employee who is summoned to appear

22  before the court under s. 985.319 985.219 solely because of

23  the nature of the summons or because the employee complies

24  with the summons.

25         (2)  If an employer, or the employer's agent, threatens

26  an employee with dismissal, or dismisses an employee, who is

27  summoned to appear under s. 985.319 985.219, the court may

28  hold the employer in contempt.

29         Section 42.  Sections 985.221, 985.222, and 985.306,

30  Florida Statutes, are renumbered, respectively, as sections

31  985.331, 985.335, and 985.345, Florida Statutes.

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 1         Section 43.  Section 985.228, Florida Statutes, is

 2  renumbered as section 985.35, Florida Statutes, and amended to

 3  read:

 4         985.35 985.228  Adjudicatory hearings; withheld

 5  adjudications; orders of adjudication.--

 6         (1)  The adjudicatory hearing must be held as soon as

 7  practicable after the petition alleging that a child has

 8  committed a delinquent act or violation of law is filed and in

 9  accordance with the Florida Rules of Juvenile Procedure; but

10  reasonable delay for the purpose of investigation, discovery,

11  or procuring counsel or witnesses shall be granted. If the

12  child is being detained, the time limitations provided for in

13  s. 985.26(2) and (3) 985.215(5)(c) and (d) apply.

14         (2)  Adjudicatory hearings shall be conducted without a

15  jury by the court, applying in delinquency cases the rules of

16  evidence in use in criminal cases; adjourning the hearings

17  from time to time as necessary; and conducting a fundamentally

18  fair hearing in language understandable, to the fullest extent

19  practicable, to the child before the court.

20         (a)  In a hearing on a petition alleging that a child

21  has committed a delinquent act or violation of law, the

22  evidence must establish the findings beyond a reasonable

23  doubt.

24         (b)  The child is entitled to the opportunity to

25  introduce evidence and otherwise be heard in the child's own

26  behalf and to cross-examine witnesses.

27         (c)  A child charged with a delinquent act or violation

28  of law must be afforded all rights against self-incrimination.

29  Evidence illegally seized or obtained may not be received to

30  establish the allegations against the child.

31  

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 1         (3)  If the court finds that the child named in a

 2  petition has not committed a delinquent act or violation of

 3  law, it shall enter an order so finding and dismissing the

 4  case.

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

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

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

 8  upon which its finding is based but withholding adjudication

 9  of delinquency.

10         (a)  Upon withholding adjudication of delinquency, the

11  court may place and placing the child in a probation program

12  under the supervision of the department or under the

13  supervision of any other person or agency specifically

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

15  condition of the program, impose as a penalty component

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

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

18  license of the child, or other nonresidential punishment

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

20  component a requirement of participation in substance abuse

21  treatment, or school or other educational program attendance.

22         (b)  If the child is attending public school and the

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

24  case was assigned to attend or is eligible to attend the same

25  school as the child, the court order shall include a finding

26  pursuant to the proceedings described in s. 985.455,

27  regardless of whether adjudication is withheld 985.23(1)(d).

28         (c)  If the court later finds that the child has not

29  complied with the rules, restrictions, or conditions of the

30  community-based program, the court may, after a hearing to

31  establish the lack of compliance, but without further evidence

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 1  of the state of delinquency, enter an adjudication of

 2  delinquency and shall thereafter have full authority under

 3  this chapter to deal with the child as adjudicated.

 4         (5)  If the court finds that the child named in a

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

 6  but elects not to proceed under subsection (4), it shall

 7  incorporate that finding in an order of adjudication of

 8  delinquency entered in the case, briefly stating the facts

 9  upon which the finding is made, and the court shall thereafter

10  have full authority under this chapter to deal with the child

11  as adjudicated.

12         (6)  Except as the term "conviction" is used in chapter

13  322, and except for use in a subsequent proceeding under this

14  chapter, an adjudication of delinquency by a court with

15  respect to any child who has committed a delinquent act or

16  violation of law shall not be deemed a conviction; nor shall

17  the child be deemed to have been found guilty or to be a

18  criminal by reason of that adjudication; nor shall that

19  adjudication operate to impose upon the child any of the civil

20  disabilities ordinarily imposed by or resulting from

21  conviction or to disqualify or prejudice the child in any

22  civil service application or appointment, with the exception

23  of the use of records of proceedings under this chapter part

24  as provided in s. 985.045(4) s. 985.05(4).

25         (7)  Notwithstanding any other provision of law, an

26  adjudication of delinquency for an offense classified as a

27  felony shall disqualify a person from lawfully possessing a

28  firearm until such person reaches 24 years of age.

29         Section 44.  Subsection (3) of section 985.229, Florida

30  Statutes, is renumbered as subsection (3) of section 985.43,

31  

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 1  Florida Statutes, and section 985.43, Florida Statutes, is

 2  created to read:

 3         985.43  Predisposition reports; other evaluations.--

 4         (1)  Upon a finding that the child has committed a

 5  delinquent act:

 6         (a)  The court may order the department to prepare a

 7  predisposition report regarding the child's eligibility for

 8  disposition other than by adjudication and commitment to the

 9  department or for disposition of adjudication, commitment to

10  the department, and, if appropriate, assignment of a

11  residential commitment level. The predisposition report shall

12  be the result of the multidisciplinary assessment when such

13  assessment is needed, and of the classification and placement

14  process, and it shall indicate and report the child's priority

15  needs, recommendations as to a classification of risk for the

16  child in the context of his or her program and supervision

17  needs, and a plan for treatment that recommends the most

18  appropriate placement setting to meet the child's needs with

19  the minimum program security that reasonably ensures public

20  safety. A predisposition report shall be ordered for any child

21  for whom a residential commitment disposition is anticipated

22  or recommended by an officer of the court or by the

23  department.

24         (b)  A comprehensive evaluation for physical health;

25  mental health; substance abuse; or academic, educational, or

26  vocational problems shall be ordered for any child for whom a

27  residential commitment disposition is anticipated or

28  recommended by an officer of the court or by the department.

29  If a comprehensive evaluation is ordered, the predisposition

30  report shall include a summary of the comprehensive

31  evaluation.

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 1         (c)  A child who was not in secure detention at the

 2  time of the adjudicatory hearing, but for whom residential

 3  commitment is anticipated or recommended, may be placed under

 4  a special detention order, as provided in s. 985.26(5), for

 5  the purpose of conducting a comprehensive evaluation.

 6         (2)  The court shall consider the child's entire

 7  assessment and predisposition report and shall review the

 8  records of earlier judicial proceedings prior to making a

 9  final disposition of the case. The court may, by order,

10  require additional evaluations and studies to be performed by

11  the department, by the county school system, or by any social,

12  psychological, or psychiatric agency of the state. The court

13  shall order the educational needs assessment completed under

14  s. 985.18(2) to be included in the assessment and

15  predisposition report.

16         (3)  The predisposition report, together with all other

17  reports and evaluations used by the department in preparing

18  the predisposition report, shall be made available to the

19  child, the child's parents or legal guardian, the child's

20  legal counsel, and the state attorney upon completion of the

21  report and at a reasonable time prior to the disposition

22  hearing. The predisposition report shall be submitted to the

23  court upon completion of the report but no later than 48 hours

24  prior to the disposition hearing. The predisposition report

25  shall not be reviewed by the court without the consent of the

26  child and his or her legal counsel until the child has been

27  found to have committed a delinquent act.

28         Section 45.  Section 985.23, Florida Statutes, is

29  renumbered as section 985.433, Florida Statutes, and amended

30  to read:

31  

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 1         985.433 985.23  Disposition hearings in delinquency

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

 3  delinquent act, the following procedures shall be applicable

 4  to the disposition of the case:

 5         (1)(7)  The court shall notify any victim of the

 6  offense, if such person is known and within the jurisdiction

 7  of the court, of the hearing.

 8         (2)  The court and shall notify and summon or subpoena,

 9  if necessary, the parents, legal custodians, or guardians of

10  the child to attend the disposition hearing if they reside in

11  the state.

12  

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

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

15  at the discretion of the court and not mandatory requirements

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

17  provide for the appeal of the disposition made pursuant to

18  this section.

19         (3)(6)  The court may receive and consider any other

20  relevant and material evidence, including other written or

21  oral reports or statements, in its effort to determine the

22  appropriate disposition to be made with regard to the child.

23  The court may rely upon such evidence to the extent of its

24  probative value, even though such evidence may not be

25  technically competent in an adjudicatory hearing.

26         (4)(1)  Before the court determines and announces the

27  disposition to be imposed, it shall:

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

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

30  parties to comment at the appropriate time on the issues

31  before the court.;

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

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

 3  the offense.;

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

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

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

 7  for such transgression.; and

 8         (d)  Give all parties, as well as the victim, or a

 9  representative of the victim, representatives of the school

10  system, and the law enforcement officers involved in the case

11  who are present at the hearing an opportunity to comment on

12  the issue of disposition and any proposed rehabilitative plan.

13  Parties to the case shall include the parents, legal

14  custodians, or guardians of the child; the child's counsel;

15  the state attorney; and representatives of the department; the

16  victim if any, or his or her representative; representatives

17  of the school system; and the law enforcement officers

18  involved in the case. If the child is attending or is eligible

19  to attend public school and the court finds that the victim or

20  a sibling of the victim in the case is attending or may attend

21  the same school as the child, the court shall, on its own

22  motion or upon the request of any party or any parent or legal

23  guardian of the victim, determine whether it is appropriate to

24  enter a no contact order in favor of the victim or a sibling

25  of the victim. If appropriate and acceptable to the victim and

26  the victim's parent or parents or legal guardian, the court

27  may reflect in the written disposition order that the victim

28  or the victim's parent stated in writing or in open court that

29  he or she did not object to the offender being permitted to

30  attend the same school or ride on the same school bus as the

31  victim or a sibling of the victim.

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 1         (5)  At the time of disposition, the court may make

 2  recommendations to the department as to specific treatment

 3  approaches to be employed.

 4         (6)(2)  The first determination to be made by the court

 5  is a determination of the suitability or nonsuitability for

 6  adjudication and commitment of the child to the department.

 7  This determination shall include consideration of the

 8  recommendations of the department, which may include a

 9  predisposition report. The predisposition report shall

10  include, whether as part of the child's multidisciplinary

11  assessment, classification, and placement process components

12  or separately, evaluation of the following criteria:

13         (a)  The seriousness of the offense to the community.

14  If the court determines under chapter 874 that the child was a

15  member of a criminal street gang at the time of the commission

16  of the offense, which determination shall be made pursuant to

17  chapter 874, the seriousness of the offense to the community

18  shall be given great weight.

19         (b)  Whether the protection of the community requires

20  adjudication and commitment to the department.

21         (c)  Whether the offense was committed in an

22  aggressive, violent, premeditated, or willful manner.

23         (d)  Whether the offense was against persons or against

24  property, greater weight being given to offenses against

25  persons, especially if personal injury resulted.

26         (e)  The sophistication and maturity of the child.

27         (f)  The record and previous criminal history of the

28  child, including without limitations:

29         1.  Previous contacts with the department, the former

30  Department of Health and Rehabilitative Services, the

31  

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 1  Department of Children and Family Services, the Department of

 2  Corrections, other law enforcement agencies, and courts.;

 3         2.  Prior periods of probation.;

 4         3.  Prior adjudications of delinquency.; and

 5         4.  Prior commitments to institutions.

 6         (g)  The prospects for adequate protection of the

 7  public and the likelihood of reasonable rehabilitation of the

 8  child if committed to a community services program or

 9  facility.

10         (h)  The child's educational status, including, but not

11  limited to, the child's strengths, abilities, and unmet and

12  special educational needs. The report shall identify

13  appropriate educational and vocational goals for the child.

14  Examples of appropriate goals include:

15         1.  Attainment of a high school diploma or its

16  equivalent.

17         2.  Successful completion of literacy course(s).

18         3.  Successful completion of vocational course(s).

19         4.  Successful attendance and completion of the child's

20  current grade if enrolled in school.

21         5.  Enrollment in an apprenticeship or a similar

22  program.

23  

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

25  forth in this subsection are general guidelines to be followed

26  at the discretion of the court and not mandatory requirements

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

28  provide for the appeal of the disposition made under this

29  section.

30         (7)(3)(a)  If the court determines that the child

31  should be adjudicated as having committed a delinquent act and

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 1  should be committed to the department, such determination

 2  shall be in writing or on the record of the hearing. The

 3  determination shall include a specific finding of the reasons

 4  for the decision to adjudicate and to commit the child to the

 5  department, including any determination that the child was a

 6  member of a criminal street gang.

 7         (a)(b)  If the court determines that commitment to the

 8  department is appropriate, The juvenile probation officer

 9  shall recommend to the court the most appropriate placement

10  and treatment plan, specifically identifying the

11  restrictiveness level most appropriate for the child. If the

12  court has determined that the child was a member of a criminal

13  street gang, that determination shall be given great weight in

14  identifying the most appropriate restrictiveness level for the

15  child. The court shall consider the department's

16  recommendation in making its commitment decision.

17         (b)(c)  The court shall commit the child to the

18  department at the restrictiveness level identified or may

19  order placement at a different restrictiveness level. The

20  court shall state for the record the reasons that which

21  establish by a preponderance of the evidence why the court is

22  disregarding the assessment of the child and the

23  restrictiveness level recommended by the department. Any party

24  may appeal the court's findings resulting in a modified level

25  of restrictiveness under pursuant to this paragraph.

26         (c)(d)  The court may also require that the child be

27  placed in a probation program following the child's discharge

28  from commitment. Community-based sanctions under pursuant to

29  subsection (8)(4) may be imposed by the court at the

30  disposition hearing or at any time prior to the child's

31  release from commitment.

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 1         (e)  The court shall be responsible for the

 2  fingerprinting of any child at the disposition hearing if the

 3  child has been adjudicated or had adjudication withheld for

 4  any felony in the case currently before the court.

 5         (8)(4)  If the court determines not to adjudicate and

 6  commit to the department, then the court shall determine what

 7  community-based sanctions it will impose in a probation

 8  program for the child. Community-based sanctions may include,

 9  but are not limited to, participation in substance abuse

10  treatment, a day-treatment probation program, restitution in

11  money or in kind, a curfew, revocation or suspension of the

12  driver's license of the child, community service, and

13  appropriate educational programs as determined by the district

14  school board.

15         (9)(5)  After appropriate sanctions for the offense are

16  determined, the court shall develop, approve, and order a plan

17  of probation that which will contain rules, requirements,

18  conditions, and rehabilitative programs, including the option

19  of a day-treatment probation program, that which are designed

20  to encourage responsible and acceptable behavior and to

21  promote both the rehabilitation of the child and the

22  protection of the community.

23         (10)  Any disposition order shall be in writing as

24  prepared by the clerk of court and may thereafter be modified

25  or set aside by the court.

26         Section 46.  Paragraph (a) of subsection (1) of section

27  985.231, Florida Statutes, is renumbered as section 985.435,

28  Florida Statutes, and amended to read:

29         985.435  Probation and postcommitment probation;

30  community service.--

31  

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

 2  adjudicated delinquent child may, by an order stating the

 3  facts upon which a determination of a sanction and

 4  rehabilitative program was made at the disposition hearing,:

 5         1.  place the child in a probation program or a

 6  postcommitment probation program. Such placement must be under

 7  the supervision of an authorized agent of the department of

 8  Juvenile Justice or of any other person or agency specifically

 9  authorized and appointed by the court, whether in the child's

10  own home, in the home of a relative of the child, or in some

11  other suitable place under such reasonable conditions as the

12  court may direct.

13         (1)  A probation program for an adjudicated delinquent

14  child must include a penalty component such as:

15         (a)  Restitution in money or in kind;,

16         (b)  Community service;,

17         (c)  A curfew;,

18         (d)  Revocation or suspension of the driver's license

19  of the child;, or

20         (e)  Other nonresidential punishment appropriate to the

21  offense.

22         (2)  A probation program and must also include a

23  rehabilitative program component such as a requirement of

24  participation in substance abuse treatment or in school or

25  other educational program. The nonconsent of the child to

26  treatment in a substance abuse treatment program in no way

27  precludes the court from ordering such treatment If the child

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

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

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

31  the court placement order shall include a finding pursuant to

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

 2  recommendation of the department at the time of disposition,

 3  or subsequent to disposition pursuant to the filing of a

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

 5  postcommitment probation, the court may order the child to

 6  submit to random testing for the purpose of detecting and

 7  monitoring the use of alcohol or controlled substances.

 8         (3)a.  A restrictiveness level classification scale for

 9  levels of supervision shall be provided by the department,

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

11  probation supervision requirements to reasonably ensure the

12  public safety. Probation programs for children shall be

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

14  specifically authorized by the court. These programs must

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

16  activities as described in this section and s. 985.439

17  subparagraph, and shall be designed to encourage the child

18  toward acceptable and functional social behavior.

19         (4)  If supervision or a program of community service

20  is ordered by the court, the duration of such supervision or

21  program must be consistent with any treatment and

22  rehabilitation needs identified for the child and may not

23  exceed the term for which sentence could be imposed if the

24  child were committed for the offense, except that the duration

25  of such supervision or program for an offense that is a

26  misdemeanor of the second degree, or is equivalent to a

27  misdemeanor of the second degree, may be for a period not to

28  exceed 6 months. When restitution is ordered by the court, the

29  amount of restitution may not exceed an amount the child and

30  the parent or guardian could reasonably be expected to pay or

31  make. A child who participates in any work program under this

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 1  part is considered an employee of the state for purposes of

 2  liability, unless otherwise provided by law.

 3         (5)b.  The court may conduct judicial review hearings

 4  for a child placed on probation for the purpose of fostering

 5  accountability to the judge and compliance with other

 6  requirements, such as restitution and community service. The

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

 8  has substantially complied with the terms and conditions of

 9  probation.

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

11  postcommitment probation program are violated, the department

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

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

14  violates the conditions of probation or postcommitment

15  probation must be brought before the court if sanctions are

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

17  violating the conditions of probation or postcommitment

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

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

20  hours after being taken into custody to determine the

21  existence of probable cause that the child violated the

22  conditions of probation or postcommitment probation. A

23  consequence unit is a secure facility specifically designated

24  by the department for children who are taken into custody

25  under s. 985.207 for violating probation or postcommitment

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

27  violated the conditions of probation or postcommitment

28  probation. If the violation involves a new charge of

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

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

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

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

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

 3  985.215. If the child denies violating the conditions of

 4  probation or postcommitment probation, the court shall appoint

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

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

 7  that the child has violated the conditions of probation or

 8  postcommitment probation, the court shall enter an order

 9  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

14  is found to have violated the conditions of probation or

15  postcommitment probation, the court may:

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

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

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

19  violation.

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

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

22  residential consequence unit is not available.

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

24  or postcommitment probation program.

25         (IV)  Revoke probation or postcommitment probation and

26  commit the child to the department.

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

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

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

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

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

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

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

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

 4  center or facility or shelter.

 5         3.  Commit the child to the Department of Juvenile

 6  Justice at a residential commitment level defined in s.

 7  985.03. Such commitment must be for the purpose of exercising

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

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

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

11  postcommitment nonresidential conditional release program. If

12  the child is eligible to attend public school following

13  residential commitment and the court finds that the victim or

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

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

16  finding pursuant to the proceedings described in s.

17  985.23(1)(d). If the child is not successful in the

18  conditional release program, the department may use the

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

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

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

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

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

24  child.

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

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

27  child, to render community service in a public service

28  program.

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

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

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

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

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

 3  restitution in money, through a promissory note cosigned by

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

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

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

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

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

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

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

11  clerk as a result of receiving and dispensing restitution

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

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

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

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

16  guardian has made diligent and good faith efforts to prevent

17  the child from engaging in delinquent acts absolves the parent

18  or guardian of liability for restitution under this

19  subparagraph.

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

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

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

23  an alternative to monetary restitution or as part of the

24  rehabilitative or probation program.

25         8.  Commit the child to the Department of Juvenile

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

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

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

29  habitual juvenile offenders must be for an indeterminate

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

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

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 1  The court may retain jurisdiction over such child until the

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

 3  the child completing the program.

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

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

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

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

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

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

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

11  shall determine a reasonable amount or manner of restitution,

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

13  provided in subparagraph 6.

14         10.  Subject to specific appropriation, commit the

15  juvenile sexual offender to the Department of Juvenile Justice

16  for placement in a program or facility for juvenile sexual

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

18  juvenile sexual offender to a program or facility for juvenile

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

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

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

22  retain jurisdiction over a juvenile sexual offender until the

23  juvenile sexual offender reaches the age of 21, specifically

24  for the purpose of completing the program.

25         Section 47.  Section 985.437, Florida Statutes, is

26  created to read:

27         985.437  Restitution.--

28         (1)  The court that has jurisdiction of an adjudicated

29  delinquent child may, by an order stating the facts upon which

30  a determination of a sanction and rehabilitative program was

31  made at the disposition hearing, order the child to make

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 1  restitution in the manner provided in this section. This order

 2  shall be part of the probation program to be implemented by

 3  the department or, in the case of a committed child, as part

 4  of the community-based sanctions ordered by the court at the

 5  disposition hearing or before the child's release from

 6  commitment.

 7         (2)  The court may order the child to make restitution

 8  in money, through a promissory note cosigned by the child's

 9  parent or guardian, or in kind for any damage or loss caused

10  by the child's offense in a reasonable amount or manner to be

11  determined by the court. When restitution is ordered by the

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

13  child and the parent or guardian could reasonably be expected

14  to pay or make.

15         (3)  The clerk of the circuit court shall be the

16  receiving and dispensing agent. In such case, the court shall

17  order the child or the child's parent or guardian to pay to

18  the office of the clerk of the circuit court an amount not to

19  exceed the actual cost incurred by the clerk as a result of

20  receiving and dispensing restitution payments. The clerk shall

21  notify the court if restitution is not made, and the court

22  shall take any further action that is necessary against the

23  child or the child's parent or guardian.

24         (4)  A finding by the court, after a hearing, that the

25  parent or guardian has made diligent and good faith efforts to

26  prevent the child from engaging in delinquent acts absolves

27  the parent or guardian of liability for restitution under this

28  section.

29         (5)  The court may retain jurisdiction over a child and

30  the child's parent or legal guardian whom the court has

31  ordered to pay restitution until the restitution order is

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 1  satisfied or until the court orders otherwise, as provided in

 2  s. 985.0301.

 3         Section 48.  Section 985.439, Florida Statutes, is

 4  created to read:

 5         985.439  Violation of probation or postcommitment

 6  probation.--

 7         (1)(a)  This section is applicable when the court has

 8  jurisdiction over an adjudicated delinquent child.

 9         (b)  If the conditions of the probation program or the

10  postcommitment probation program are violated, the department

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

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

13  violates the conditions of probation or postcommitment

14  probation must be brought before the court if sanctions are

15  sought.

16         (2)  A child taken into custody under s. 985.101 for

17  violating the conditions of probation or postcommitment

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

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

20  hours after being taken into custody to determine the

21  existence of probable cause that the child violated the

22  conditions of probation or postcommitment probation. A

23  consequence unit is a secure facility specifically designated

24  by the department for children who are taken into custody

25  under s. 985.101 for violating probation or postcommitment

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

27  violated the conditions of probation or postcommitment

28  probation. If the violation involves a new charge of

29  delinquency, the child may be detained under part V in a

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

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

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

 2  and is subject to the time limitations specified in part V.

 3         (3)  If the child denies violating the conditions of

 4  probation or postcommitment probation, the court shall, upon

 5  the child's request, appoint counsel to represent the child.

 6         (4)  Upon the child's admission, or if the court finds

 7  after a hearing that the child has violated the conditions of

 8  probation or postcommitment probation, the court shall enter

 9  an order revoking, modifying, or continuing probation or

10  postcommitment probation. In each such case, the court shall

11  enter a new disposition order and, in addition to the

12  sanctions set forth in this section, may impose any sanction

13  the court could have imposed at the original disposition

14  hearing. If the child is found to have violated the conditions

15  of probation or postcommitment probation, the court may:

16         (a)  Place the child in a consequence unit in that

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

18  violation and up to 15 days for a second or subsequent

19  violation.

20         (b)  Place the child on home detention with electronic

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

22  residential consequence unit is not available.

23         (c)  Modify or continue the child's probation program

24  or postcommitment probation program.

25         (d)  Revoke probation or postcommitment probation and

26  commit the child to the department.

27         (5)  Upon the recommendation of the department at the

28  time of disposition, or subsequent to disposition pursuant to

29  the filing of a petition alleging a violation of the child's

30  conditions of postcommitment probation, the court may order

31  the child to submit to random testing for the purpose of

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 1  detecting and monitoring the use of alcohol or controlled

 2  substances.

 3         Section 49.  Section 985.441, Florida Statutes, is

 4  created to read:

 5         985.441  Commitment.--

 6         (1)  The court that has jurisdiction of an adjudicated

 7  delinquent child may, by an order stating the facts upon which

 8  a determination of a sanction and rehabilitative program was

 9  made at the disposition hearing:

10         (a)  Commit the child to a licensed child-caring agency

11  willing to receive the child; however, the court may not

12  commit the child to a jail or to a facility used primarily as

13  a detention center or facility or shelter.

14         (b)  Commit the child to the department at a

15  residential commitment level defined in s. 985.03. Such

16  commitment must be for the purpose of exercising active

17  control over the child, including, but not limited to,

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

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

20  postcommitment nonresidential conditional release program. If

21  the child is not successful in the conditional release

22  program, the department may use the transfer procedure under

23  subsection (3).

24         (c)  Commit the child to the Department of Juvenile

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

26  habitual juvenile offenders in accordance with s. 985.47.

27         1.  Following a delinquency adjudicatory hearing under

28  s. 985.35 and a delinquency disposition hearing under s.

29  985.433 that results in a commitment determination, the court

30  shall, on its own or upon request by the state or the

31  department, determine whether the protection of the public

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 1  requires that the child be placed in a program for serious or

 2  habitual juvenile offenders and whether the particular needs

 3  of the child would be best served by a program for serious or

 4  habitual juvenile offenders as provided in s. 985.47. The

 5  determination shall be made under ss. 985.47(1) and

 6  985.433(7).

 7         2.  Any commitment of a child to a program or facility

 8  for serious or habitual juvenile offenders must be for an

 9  indeterminate period of time, but the time may not exceed the

10  maximum term of imprisonment that an adult may serve for the

11  same offense.

12         (d)  Commit the child to the department for placement

13  in a program or facility for juvenile sexual offenders in

14  accordance with s. 985.48, subject to specific appropriation

15  for such a program or facility.

16         1.  The child may only be committed for such placement

17  pursuant to determination that the child is a juvenile sexual

18  offender under the criteria specified in s. 985.475.

19         2.  Any commitment of a juvenile sexual offender to a

20  program or facility for juvenile sexual offenders must be for

21  an indeterminate period of time, but the time may not exceed

22  the maximum term of imprisonment that an adult may serve for

23  the same offense.

24         (2)  The nonconsent of the child to commitment or

25  treatment in a substance abuse treatment program in no way

26  precludes the court from ordering such commitment or

27  treatment.

28         (3)  The department may transfer a child, when

29  necessary to appropriately administer the child's commitment,

30  from one facility or program to another facility or program

31  operated, contracted, subcontracted, or designated by the

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 1  department, including a postcommitment nonresidential

 2  conditional release program. The department shall notify the

 3  court that committed the child to the department and any

 4  attorney of record for the child, in writing, of its intent to

 5  transfer the child from a commitment facility or program to

 6  another facility or program of a higher or lower

 7  restrictiveness level. The court that committed the child may

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

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

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

11  deemed granted.

12         Section 50.  Section 985.232, Florida Statutes, is

13  renumbered as section 985.442, Florida Statutes.

14         Section 51.  Paragraph (j) of subsection (1) of section

15  985.231, Florida Statutes, is renumbered as section 985.445,

16  Florida Statutes, and amended to read:

17         985.445 985.231  Powers of disposition in delinquency

18  Cases involving grand theft of a motor vehicle.--

19         (1)

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

21  theft of a motor vehicle, the court:

22         (1)1.  Upon a first adjudication for a grand theft of a

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

24  child is ineligible under pursuant to s. 985.489 985.309, and

25  shall order the youth to complete a minimum of 50 hours of

26  community service.

27         (2)2.  Upon a second adjudication for grand theft of a

28  motor vehicle which is separate and unrelated to the previous

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

30  child is ineligible under pursuant to s. 985.489 985.309, and

31  

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 1  shall order the youth to complete a minimum of 100 hours of

 2  community service.

 3         (3)3.  Upon a third adjudication for grand theft of a

 4  motor vehicle which is separate and unrelated to the previous

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

 6  treatment program, unless the child is ineligible under

 7  pursuant to s. 985.489 985.309, and shall order the youth to

 8  complete a minimum of 250 hours of community service.

 9         Section 52.  Paragraph (g) of subsection (1) of section

10  985.231, Florida Statutes, is renumbered as section 985.45,

11  Florida Statutes, and amended to read:

12         985.45  Liability and remuneration for work.--

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

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

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

16  municipal, or community service organization supervised work

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

18  monetary restitution or as a part of the rehabilitative or

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

20  the purposes of liability.

21         (2)  In determining the child's average weekly wage

22  unless otherwise determined by a specific funding program, all

23  remuneration received from the employer is a gratuity, and the

24  child is not entitled to any benefits otherwise payable under

25  s. 440.15, regardless of whether the child may be receiving

26  wages and remuneration from other employment with another

27  employer and regardless of the child's future wage-earning

28  capacity.

29         Section 53.  Paragraph (d) of subsection (1) of section

30  985.231, Florida Statutes, is amended and renumbered as

31  subsection (3) of section 985.455, Florida Statutes, and

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 1  paragraph (h) of subsection (1) of section 985.231, Florida

 2  Statutes, is renumbered as subsection (4) of section 985.455,

 3  Florida Statutes, which is created to read:

 4         985.455  Other dispositional issues.-

 5         (1)  The court that has jurisdiction over an

 6  adjudicated delinquent child may, by an order stating the

 7  facts upon which a determination of a sanction and

 8  rehabilitative program was made at the disposition hearing:

 9         (a)  Require the child and, if the court finds it

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

11  child to render community service in a public service program.

12         (b)  Order the child and, if the court finds it

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

14  child to participate in a community work project, either as an

15  alternative to monetary restitution or as part of the

16  rehabilitative or probation program.

17         (c)  Revoke or suspend the driver's license of the

18  child.

19         (2)  If the child is attending or is eligible to attend

20  public school and the court finds that the victim or a sibling

21  of the victim in the case is attending or may attend the same

22  school as the child, the court shall, on its own motion or

23  upon the request of any party or any parent or legal guardian

24  of the victim, determine whether it is appropriate to enter a

25  no contact order in favor of the victim or a sibling of the

26  victim. If appropriate and acceptable to the victim and the

27  victim's parent or parents or legal guardian, the court may

28  reflect in the written disposition order that the victim or

29  the victim's parent or parents or legal guardian stated in

30  writing or in open court that he or she did not object to the

31  offender being permitted to attend the same school or ride on

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 1  the same school bus as the victim or a sibling of the victim.

 2  If applicable, the court placement or commitment order shall

 3  include a finding under this subsection.

 4         (1)

 5         (3)(d)  Any commitment of a delinquent child to the

 6  department of Juvenile Justice must be for an indeterminate

 7  period of time, which may include periods of temporary

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

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

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

11  program of any level shall be based on objective

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

13  plan progress and adjustment-related issues shall be reported

14  to the court each month. The child's length of stay in a

15  residential commitment program may be extended if the child

16  fails to comply with or participate in treatment activities.

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

18  extended for purposes of sanction or punishment. Any temporary

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

20  child so committed may be discharged from institutional

21  confinement or a program upon the direction of the department

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

23  progress and adjustment-related issues must be communicated to

24  the court at the time the department requests the court to

25  consider releasing the child from the residential commitment

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

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

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

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

30  give the court that committed the child to the department

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

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

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

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

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

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

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

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

 8  conditions of the temporary release.

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

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

11  disposition of commitment, suspend the further execution of

12  the disposition and place the child in a probation program

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

14  department shall forward to the court all relevant material on

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

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

17  disposition.

18         Section 54.  Section 985.316, Florida Statutes, is

19  renumbered as section 985.46, Florida Statutes, and subsection

20  (4) of that section is amended to read:

21         985.46 985.316  Conditional release.--

22         (4)  A juvenile under nonresidential commitment

23  placement will continue to be on commitment status and subject

24  to the transfer provision under s. 985.441(3) 985.404.

25         Section 55.  Section 985.313, Florida Statutes, is

26  renumbered as section 985.465, Florida Statutes, and amended

27  to read:

28         985.465 985.313  Juvenile correctional facilities or

29  juvenile prison.--A juvenile correctional facility or juvenile

30  prison is a physically secure residential commitment program

31  with a designated length of stay from 18 months to 36 months,

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 1  primarily serving children 13 years of age to 19 years of age,

 2  or until the jurisdiction of the court expires. The court may

 3  retain jurisdiction over the child until the child reaches the

 4  age of 21, specifically for the purpose of the child

 5  completing the program. Each child committed to this level

 6  must meet one of the following criteria:

 7         (1)  The child youth is at least 13 years of age at the

 8  time of the disposition for the current offense and has been

 9  adjudicated on the current offense for:

10         (a)  Arson;

11         (b)  Sexual battery;

12         (c)  Robbery;

13         (d)  Kidnapping;

14         (e)  Aggravated child abuse;

15         (f)  Aggravated assault;

16         (g)  Aggravated stalking;

17         (h)  Murder;

18         (i)  Manslaughter;

19         (j)  Unlawful throwing, placing, or discharging of a

20  destructive device or bomb;

21         (k)  Armed burglary;

22         (l)  Aggravated battery;

23         (m)  Carjacking;

24         (n)  Home-invasion robbery;

25         (o)  Burglary with an assault or battery;

26         (p)  Any lewd or lascivious offense committed upon or

27  in the presence of a person less than 16 years of age; or

28         (q)  Carrying, displaying, using, threatening to use,

29  or attempting to use a weapon or firearm during the commission

30  of a felony.

31  

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 1         (2)  The child youth is at least 13 years of age at the

 2  time of the disposition, the current offense is a felony, and

 3  the child has previously been committed three or more times to

 4  a delinquency commitment program.

 5         (3)  The child youth is at least 13 years of age and is

 6  currently committed for a felony offense and transferred from

 7  a moderate-risk or high-risk residential commitment placement.

 8         (4)  The child youth is at least 13 years of age at the

 9  time of the disposition for the current offense, the child

10  youth is eligible for prosecution as an adult for the current

11  offense, and the current offense is ranked at level 7 or

12  higher on the Criminal Punishment Code offense severity

13  ranking chart pursuant to s. 921.0022.

14         Section 56.  Subsection (48) of section 985.03, Florida

15  Statutes, is amended and renumbered as subsection (1) of

16  section 985.47, Florida Statutes, subsections (2), (4), and

17  (5) of section 985.31, Florida Statutes are amended and

18  renumbered, respectively, as subsections (9), (11), and (12)

19  of section 985.47, Florida Statutes, paragraphs (e) through

20  (i) and (k) of subsection (3) of section 985.31, Florida

21  Statutes, are amended and renumbered, respectively, as

22  subsections (2) through (6) and (7) of section 985.47, Florida

23  Statutes, subsection (1) of section 985.31, Florida Statutes,

24  is renumbered as subsection (8) of section 985.47, Florida

25  Statutes, and paragraphs (a) through (d) and (j) of subsection

26  (3) of section 985.31, Florida Statutes, are renumbered,

27  respectively, as paragraphs (a) through (d) and (e) of

28  subsection (10) of section 985.47, Florida Statutes, and

29  amended to read:

30         985.47 985.31  Serious or habitual juvenile offender.--

31  

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 1         (1)(48)  CRITERIA.--A "serious or habitual juvenile

 2  offender," for purposes of commitment to a residential

 3  facility and for purposes of records retention, means a child

 4  who has been found to have committed a delinquent act or a

 5  violation of law, in the case currently before the court, and

 6  who meets at least one of the following criteria:

 7         (a)  The child youth is at least 13 years of age at the

 8  time of the disposition for the current offense and has been

 9  adjudicated on the current offense for:

10         1.  Arson;

11         2.  Sexual battery;

12         3.  Robbery;

13         4.  Kidnapping;

14         5.  Aggravated child abuse;

15         6.  Aggravated assault;

16         7.  Aggravated stalking;

17         8.  Murder;

18         9.  Manslaughter;

19         10.  Unlawful throwing, placing, or discharging of a

20  destructive device or bomb;

21         11.  Armed burglary;

22         12.  Aggravated battery;

23         13.  Any lewd or lascivious offense committed upon or

24  in the presence of a person less than 16 years of age; or

25         14.  Carrying, displaying, using, threatening, or

26  attempting to use a weapon or firearm during the commission of

27  a felony.

28         (b)  The child youth is at least 13 years of age at the

29  time of the disposition, the current offense is a felony, and

30  the child has previously been committed at least two times to

31  a delinquency commitment program.

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 1         (c)  The child youth is at least 13 years of age and is

 2  currently committed for a felony offense and transferred from

 3  a moderate-risk or high-risk residential commitment placement.

 4         (2)(3)(e)  DETERMINATION.-- After a child has been

 5  adjudicated delinquent under pursuant to s. 985.35 985.228 ,

 6  the court shall determine whether the child meets the criteria

 7  for a serious or habitual juvenile offender under subsection

 8  (1) pursuant to s. 985.03(48). If the court determines that

 9  the child does not meet such criteria, ss. 985.435, 985.437,

10  985.439, 985.441, 985.445, 985.45, and 985.455 the provisions

11  of s. 985.231(1) shall apply.

12         (3)(f)  PLACEMENT RECOMMENDATIONS.--After a child has

13  been transferred for criminal prosecution, a circuit court

14  judge may direct a juvenile probation officer to consult with

15  designated staff from an appropriate serious or habitual

16  juvenile offender program for the purpose of making

17  recommendations to the court regarding the child's placement

18  in such program.

19         (4)(g)  TIME AND PLACE FOR

20  RECOMMENDATIONS.--Recommendations as to a child's placement in

21  a serious or habitual juvenile offender program shall be

22  presented to the court within 72 hours after the adjudication

23  or conviction, and may be based on a preliminary screening of

24  the child at appropriate sites, considering the child's

25  location while court action is pending, which may include the

26  nearest regional detention center or facility or jail.

27         (5)(h)  REPORTING RECOMMENDATIONS TO COURT.--Based on

28  the recommendations of the multidisciplinary assessment, the

29  juvenile probation officer shall make the following

30  recommendations to the court:

31  

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 1         (a)1.  For each child who has not been transferred for

 2  criminal prosecution, the juvenile probation officer shall

 3  recommend whether placement in such program is appropriate and

 4  needed.

 5         (b)2.  For each child who has been transferred for

 6  criminal prosecution, the juvenile probation officer shall

 7  recommend whether the most appropriate placement for the child

 8  is a juvenile justice system program, including a serious or

 9  habitual juvenile offender program or facility, or placement

10  in the adult correctional system.

11  

12  If treatment provided by a serious or habitual juvenile

13  offender program or facility is determined to be appropriate

14  and needed and placement is available, the juvenile probation

15  officer and the court shall identify the appropriate serious

16  or habitual juvenile offender program or facility best suited

17  to the needs of the child.

18         (6)(i)  ACTION ON RECOMMENDATIONS.--The treatment and

19  placement recommendations shall be submitted to the court for

20  further action under pursuant to this subsection paragraph:

21         (a)1.  If it is recommended that placement in a serious

22  or habitual juvenile offender program or facility is

23  inappropriate, the court shall make an alternative disposition

24  under pursuant to s. 985.489 985.309 or other alternative

25  sentencing as applicable, using utilizing the recommendation

26  as a guide.

27         (b)2.  If it is recommended that placement in a serious

28  or habitual juvenile offender program or facility is

29  appropriate, the court may commit the child to the department

30  for placement in the restrictiveness level designated for

31  serious or habitual delinquent children programs.

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 1         (7)(k)  DURATION OF COMMITMENT.--Any commitment of a

 2  child to the department for placement in a serious or habitual

 3  juvenile offender program or facility shall be for an

 4  indeterminate period of time, but the time shall not exceed

 5  the maximum term of imprisonment that which an adult may serve

 6  for the same offense. Notwithstanding the provisions of ss.

 7  743.07 and 985.231(1)(d), a serious or habitual juvenile

 8  offender shall not be held under commitment from a court

 9  pursuant to this section, s. 985.231, or s. 985.233 after

10  becoming 21 years of age. This provision shall apply only for

11  the purpose of completing the serious or habitual juvenile

12  offender program pursuant to this chapter and shall be used

13  solely for the purpose of treatment.

14         (8)(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

15  the provisions of this chapter and the establishment of

16  appropriate program guidelines and standards, contractual

17  instruments, which shall include safeguards of all

18  constitutional rights, shall be developed as follows:

19         (a)  The department shall provide for:

20         1.  The oversight of implementation of assessment and

21  treatment approaches.

22         2.  The identification and prequalification of

23  appropriate individuals or not-for-profit organizations,

24  including minority individuals or organizations when possible,

25  to provide assessment and treatment services to serious or

26  habitual delinquent children.

27         3.  The monitoring and evaluation of assessment and

28  treatment services for compliance with the provisions of this

29  chapter and all applicable rules and guidelines pursuant

30  thereto.

31  

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 1         4.  The development of an annual report on the

 2  performance of assessment and treatment to be presented to the

 3  Governor, the Attorney General, the President of the Senate,

 4  the Speaker of the House of Representatives, and the Auditor

 5  General no later than January 1 of each year.

 6         (b)  Assessment shall generally comprise the first 30

 7  days of treatment and be provided by the same provider as

 8  treatment, but assessment and treatment services may be

 9  provided by separate providers, where warranted. Providers

10  shall be selected who have the capacity to assess and treat

11  the unique problems presented by children with different

12  racial and ethnic backgrounds. The department shall retain

13  contractual authority to reject any assessment or treatment

14  provider for lack of qualification.

15         (9)(2)  SERIOUS OR HABITUAL JUVENILE OFFENDER

16  PROGRAM.--

17         (a)  There is created the serious or habitual juvenile

18  offender program. The program shall consist of at least 9

19  months of intensive secure residential treatment. Conditional

20  release assessment and services shall be provided in

21  accordance with s. 985.46 985.316. The components of the

22  program shall include, but not be limited to:

23         1.  Diagnostic evaluation services.

24         2.  Appropriate treatment modalities, including

25  substance abuse intervention, mental health services, and

26  sexual behavior dysfunction interventions and gang-related

27  behavior interventions.

28         3.  Prevocational and vocational services.

29         4.  Job training, job placement, and

30  employability-skills training.

31         5.  Case management services.

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 1         6.  Educational services, including special education

 2  and pre-GED literacy.

 3         7.  Self-sufficiency planning.

 4         8.  Independent living skills.

 5         9.  Parenting skills.

 6         10.  Recreational and leisure time activities.

 7         11.  Community involvement opportunities commencing,

 8  where appropriate, with the direct and timely payment of

 9  restitution to the victim.

10         12.  Intensive conditional release supervision.

11         13.  Graduated reentry into the community.

12         14.  A diversity of forms of individual and family

13  treatment appropriate to and consistent with the child's

14  needs.

15         15.  Consistent and clear consequences for misconduct.

16         (b)  The department is authorized to contract with

17  private companies to provide some or all of the components

18  indicated in paragraph (a).

19         (c)  The department shall involve local law enforcement

20  agencies, the judiciary, school board personnel, the office of

21  the state attorney, the office of the public defender, and

22  community service agencies interested in or currently working

23  with juveniles, in planning and developing this program.

24         (d)  The department is authorized to accept funds or

25  in-kind contributions from public or private sources to be

26  used for the purposes of this section.

27         (10)(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT

28  AND TREATMENT.--

29         (a)  Assessment and treatment shall be conducted by

30  treatment professionals with expertise in specific treatment

31  

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 1  procedures. These, which professionals shall exercise all

 2  professional judgment independently of the department.

 3         (b)  Treatment provided to children in designated

 4  facilities shall be suited to the assessed needs of each

 5  individual child and shall be administered safely and

 6  humanely, with respect for human dignity.

 7         (c)  The department may promulgate rules for the

 8  implementation and operation of programs and facilities for

 9  serious or habitual juvenile offenders.

10         (d)  Any provider who acts in good faith is immune from

11  civil or criminal liability for his or her actions in

12  connection with the assessment, treatment, or transportation

13  of a serious or habitual juvenile offender under the

14  provisions of this chapter.

15         (e)(j)  The following provisions shall apply to

16  children in serious or habitual juvenile offender programs and

17  facilities:

18         1.  A child shall begin participation in the

19  conditional release component of the program based upon a

20  determination made by the treatment provider and approved by

21  the department.

22         2.  A child shall begin participation in the community

23  supervision component of conditional release based upon a

24  determination made by the treatment provider and approved by

25  the department. The treatment provider shall give written

26  notice of the determination to the circuit court having

27  jurisdiction over the child. If the court does not respond

28  with a written objection within 10 days, the child shall begin

29  the conditional release component.

30  

31  

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 1         3.  A child shall be discharged from the program based

 2  upon a determination made by the treatment provider with the

 3  approval of the department.

 4         4.  In situations where the department does not agree

 5  with the decision of the treatment provider, a reassessment

 6  shall be performed, and the department shall use utilize the

 7  reassessment determination to resolve the disagreement and

 8  make a final decision.

 9         (11)(4)  ASSESSMENTS, TESTING, RECORDS, AND

10  INFORMATION.--

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

12  department shall implement the comprehensive assessment

13  instrument for the treatment needs of serious or habitual

14  juvenile offenders and for the assessment, which assessment

15  shall include the criteria under subsection (1) s. 985.03(48)

16  and shall also include, but not be limited to, evaluation of

17  the child's:

18         1.  Amenability to treatment.

19         2.  Proclivity toward violence.

20         3.  Tendency toward gang involvement.

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

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

23  abuse, or indication of sexual behavior dysfunction.

24         6.  Number and type of previous adjudications, findings

25  of guilt, and convictions.

26         7.  Potential for rehabilitation.

27         (b)  The department shall contract with multiple

28  individuals or not-for-profit organizations to perform the

29  assessments and treatment, and shall ensure that the staff of

30  each provider is are appropriately trained.

31  

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 1         (c)  Assessment and treatment providers shall have a

 2  written procedure developed, in consultation with licensed

 3  treatment professionals, establishing conditions under which a

 4  child's blood and urine samples will be tested for substance

 5  abuse indications. It is not unlawful for The person receiving

 6  the test results may to divulge the test results to the

 7  relevant facility staff and department personnel;. however,

 8  such information is exempt from the provisions of ss. 119.01

 9  and 119.07(1) and s. 24(a), Art. I of the State Constitution.

10         (d)  Serologic blood test and urinalysis results

11  obtained under pursuant to paragraph (c) are confidential,

12  except that they may be shared with employees or officers of

13  the department, the court, and any assessment or treatment

14  provider and designated facility treating the child. No person

15  to whom the results of a test have been disclosed under this

16  section may disclose the test results to another person not

17  authorized under this section.

18         (e)  The results of any serologic blood or urine test

19  on a serious or habitual juvenile offender shall become a part

20  of that child's medical file. Upon transfer of the child to

21  any other designated treatment facility, such file shall be

22  transferred in an envelope marked confidential. The results of

23  any test designed to identify the human immunodeficiency

24  virus, or its antigen or antibody, shall be accessible only to

25  persons designated by rule of the department. The provisions

26  of such rule shall be consistent with the guidelines

27  established by the Centers for Disease Control and Prevention.

28         (f)  A record of the assessment and treatment of each

29  serious or habitual juvenile offender shall be maintained by

30  the provider, which shall include data pertaining to the

31  child's treatment and such other information as may be

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 1  required under rules of the department. Unless waived by

 2  express and informed consent by the child or the guardian or,

 3  if the child is deceased, by the child's personal

 4  representative or by the person who stands next in line of

 5  intestate succession, the privileged and confidential status

 6  of the clinical assessment and treatment record shall not be

 7  lost by either authorized or unauthorized disclosure to any

 8  person, organization, or agency.

 9         (g)  The assessment and treatment record shall not be a

10  public record, and no part of it shall be released, except

11  that:

12         1.  The record shall be released to such persons and

13  agencies as are designated by the child or the guardian.

14         2.  The record shall be released to persons authorized

15  by order of court, excluding matters privileged by other

16  provisions of law.

17         3.  The record or any part thereof shall be disclosed

18  to a qualified researcher, as defined by rule; a staff member

19  of the designated treatment facility; or an employee of the

20  department when the administrator of the facility or the

21  Secretary of Juvenile Justice deems it necessary for treatment

22  of the child, maintenance of adequate records, compilation of

23  treatment data, or evaluation of programs.

24         4.  Information from the assessment and treatment

25  record may be used for statistical and research purposes if

26  the information is abstracted in such a way as to protect the

27  identity of individuals.

28         (h)  Notwithstanding other provisions of this section,

29  the department may request, receive, and provide assessment

30  and treatment information to facilitate treatment,

31  

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 1  rehabilitation, and continuity of care of any serious or

 2  habitual juvenile offender from any of the following:

 3         1.  The Social Security Administration and the United

 4  States Department of Veterans Affairs.

 5         2.  Law enforcement agencies, state attorneys, defense

 6  attorneys, and judges in regard to the child's status.

 7         3.  Personnel in any facility in which the child may be

 8  placed.

 9         4.  Community agencies and others expected to provide

10  services to the child upon his or her return to the community.

11         (i)  Any law enforcement agency, designated treatment

12  facility, governmental or community agency, or other entity

13  that receives information under pursuant to this section shall

14  maintain such information as a nonpublic record as otherwise

15  provided herein.

16         (j)  Any agency, not-for-profit organization, or

17  treatment professional who acts in good faith in releasing

18  information under pursuant to this subsection shall not be

19  subject to civil or criminal liability for such release.

20         (k)  Assessment and treatment records are confidential

21  as described in this paragraph and exempt from the provisions

22  of s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution.

24         1.  The department shall have full access to the

25  assessment and treatment records to ensure coordination of

26  services to the child.

27         2.  The principles of confidentiality of records as

28  provided in s. 985.04 shall apply to the assessment and

29  treatment records of serious or habitual juvenile offenders.

30         (l)  For purposes of effective administration, accurate

31  tracking and recordkeeping, and optimal treatment decisions,

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 1  each assessment and treatment provider shall maintain a

 2  central identification file on the serious or habitual

 3  juvenile offenders it treats.

 4         (m)  The file of each serious or habitual juvenile

 5  offender shall contain, but is not limited to, pertinent

 6  children-in-need-of-services and delinquency record

 7  information maintained by the department; pertinent school

 8  records information on behavior, attendance, and achievement;

 9  and pertinent information on delinquency or children in need

10  of services maintained by law enforcement agencies and the

11  state attorney.

12         (n)  All providers under this section shall, as part of

13  their contractual duties, collect, maintain, and report to the

14  department all information necessary to comply with mandatory

15  reporting pursuant to the promulgation of rules by the

16  department for the implementation of serious or habitual

17  juvenile offender programs and the monitoring and evaluation

18  thereof.

19         (o)  The department is responsible for the development

20  and maintenance of a statewide automated tracking system for

21  serious or habitual juvenile offenders.

22         (12)(5)  DESIGNATED TREATMENT FACILITIES.--

23         (a)  Designated facilities shall be sited and

24  constructed by the department, directly or by contract,

25  pursuant to departmental rules, to ensure that facility design

26  is compatible with treatment. The department is authorized to

27  contract for the construction of the facilities and may also

28  lease facilities. The number of beds per facility shall not

29  exceed 25. An assessment of need for additional facilities

30  shall be conducted prior to the siting or construction of more

31  than one facility in any judicial circuit.

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 1         (b)  Designated facilities for serious or habitual

 2  juvenile offenders shall be separate and secure facilities

 3  established under the authority of the department for the

 4  treatment of such children.

 5         (c)  Security for designated facilities for serious or

 6  habitual juvenile offenders shall be determined by the

 7  department. The department is authorized to contract for the

 8  provision of security.

 9         (d)  With respect to the treatment of serious or

10  habitual juvenile offenders under this section, designated

11  facilities shall be immune from liability for civil damages

12  except in instances when the failure to act in good faith

13  results in serious injury or death, in which case liability

14  shall be governed by s. 768.28.

15         (e)  Minimum standards and requirements for designated

16  treatment facilities shall be contractually prescribed under

17  pursuant to subsection (8)(1).

18         Section 57.  Subsection (31) of section 985.03, Florida

19  Statutes, is amended and renumbered as subsection (1) of

20  section 985.475, Florida Statutes, and subsection (3) of

21  section 985.231, Florida Statutes, is amended and renumbered

22  as subsection (2) of section 985.475, Florida Statutes, to

23  read:

24         985.475  Juvenile sexual offenders.--

25         (1)(31)  CRITERIA.--A "juvenile sexual offender" means:

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

27  pursuant to s. 985.35 985.228 to have committed a violation of

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

29  847.0133;

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

31  violation of law or delinquent act involving juvenile sexual

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

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

 3  coercion. For purposes of this subsection, the following

 4  definitions apply:

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

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

 7  cooperation or compliance.

 8         2.  "Equality" means two participants operating with

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

10  controlled nor coerced by the other.

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

12  following:

13         a.  Understanding what is proposed based on age,

14  maturity, developmental level, functioning, and experience.

15         b.  Knowledge of societal standards for what is being

16  proposed.

17         c.  Awareness of potential consequences and

18  alternatives.

19         d.  Assumption that agreement or disagreement will be

20  accepted equally.

21         e.  Voluntary decision.

22         f.  Mental competence.

23  

24  Juvenile sexual offender behavior ranges from noncontact

25  sexual behavior such as making obscene phone calls,

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

27  photographs to varying degrees of direct sexual contact, such

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

29  sodomy, and various other sexually aggressive acts.

30         (2)(3)  Following a delinquency adjudicatory hearing

31  under pursuant to s. 985.35 985.228, the court may on its own

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 1  or upon request by the state or the department and subject to

 2  specific appropriation, determine whether a juvenile sexual

 3  offender placement is required for the protection of the

 4  public and what would be the best approach to address the

 5  treatment needs of the juvenile sexual offender. When the

 6  court determines that a juvenile has no history of a recent

 7  comprehensive assessment focused on sexually deviant behavior,

 8  the court may, subject to specific appropriation, order the

 9  department to conduct or arrange for an examination to

10  determine whether the juvenile sexual offender is amenable to

11  community-based treatment.

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

13  minimum, the following:

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

15  incident and the official report of the investigation.

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

17         3.  A multidisciplinary assessment of the sexually

18  deviant behaviors, including an assessment by a certified

19  psychologist, therapist, or psychiatrist.

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

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

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

23  information.

24         (b)  The report shall assess the juvenile sexual

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

26  victim and the community.

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

28  the court that shall include, at a minimum:

29         1.  The frequency and type of contact between the

30  offender and therapist.

31  

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 1         2.  The specific issues and behaviors to be addressed

 2  in the treatment and description of planned treatment methods.

 3         3.  Monitoring plans, including any requirements

 4  regarding living conditions, school attendance and

 5  participation, lifestyle, and monitoring by family members,

 6  legal guardians, or others.

 7         4.  Anticipated length of treatment.

 8         5.  Recommended crime-related prohibitions and curfew.

 9         6.  Reasonable restrictions on the contact between the

10  juvenile sexual offender and either the victim or alleged

11  victim.

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

13  of treatment, the court shall consider whether the community

14  and the offender will benefit from use of juvenile sexual

15  offender community-based treatment alternative disposition and

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

17  to whether the offender should receive a community-based

18  treatment alternative disposition under this subsection.

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

20  offender community-based treatment alternative is appropriate,

21  the court may place the offender on community supervision for

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

23  supervision, the court may order the offender to:

24         1.  Undergo available outpatient juvenile sexual

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

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

27  appropriate program designed for sexual offender treatment.

28  The department shall not change the treatment provider without

29  first notifying the state attorney's office.

30         2.  Remain within described geographical boundaries and

31  notify the court or the department counselor prior to any

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

 2  employment.

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

 4         (f)  The juvenile sexual offender treatment provider

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

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

 7  juvenile sexual offender reports shall reference the treatment

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

 9         1.  Dates of attendance.

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

11  requirements of treatment.

12         3.  A description of the treatment activities.

13         4.  The sexual offender's relative progress in

14  treatment.

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

16  objectives.

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

18  time of the disposition.

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

20  review hearings as the court considers appropriate.

21         (h)  If the juvenile sexual offender violates any

22  condition of the disposition or the court finds that the

23  juvenile sexual offender is failing to make satisfactory

24  progress in treatment, the court may revoke the

25  community-based treatment alternative and order commitment to

26  the department under s. 985.441 pursuant to subsection (1).

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

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

29  court shall proceed with a juvenile sexual offender

30  disposition hearing under s. 985.441 pursuant to subsection

31  (1).

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 1         Section 58.  Section 985.308, Florida Statutes, is

 2  renumbered as section 985.48, Florida Statutes.

 3         Section 59.  Subsection (7) of section 985.03, Florida

 4  Statutes, is amended and renumbered as subsection (1) of

 5  section 985.483, Florida Statutes, subsections (2), (4), and

 6  (5) of section 985.311, Florida Statutes, are amended and

 7  renumbered, respectively, as subsections (9), (11), and (12)

 8  of section 985.483, Florida Statutes, paragraphs (e) through

 9  (i) and (k) of subsection (3) of section 985.311, Florida

10  Statutes, are amended and renumbered, respectively, as

11  subsections (2) through (6) and (7) of section 985.483,

12  Florida Statutes, subsection (1) of section 985.311, Florida

13  Statues, is renumbered as subsection (8) of section 985.483,

14  Florida Statutes, and paragraphs (a) through (d) and (j) of

15  subsection (3) of section 985.311, Florida Statutes, are

16  renumbered as paragraphs (a) through (d) and (e) of subsection

17  (10) of section 985.483, Florida Statutes, and amended to

18  read:

19         985.483 985.311  Intensive residential treatment

20  program for offenders less than 13 years of age.--

21         (1)(7)  CRITERIA.--A "child eligible for an intensive

22  residential treatment program for offenders less than 13 years

23  of age" means a child who has been found to have committed a

24  delinquent act or a violation of law in the case currently

25  before the court and who meets at least one of the following

26  criteria:

27         (a)  The child is less than 13 years of age at the time

28  of the disposition for the current offense and has been

29  adjudicated on the current offense for:

30         1.  Arson;

31         2.  Sexual battery;

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 1         3.  Robbery;

 2         4.  Kidnapping;

 3         5.  Aggravated child abuse;

 4         6.  Aggravated assault;

 5         7.  Aggravated stalking;

 6         8.  Murder;

 7         9.  Manslaughter;

 8         10.  Unlawful throwing, placing, or discharging of a

 9  destructive device or bomb;

10         11.  Armed burglary;

11         12.  Aggravated battery;

12         13.  Any lewd or lascivious offense committed upon or

13  in the presence of a person less than 16 years of age; or

14         14.  Carrying, displaying, using, threatening, or

15  attempting to use a weapon or firearm during the commission of

16  a felony.

17         (b)  The child is less than 13 years of age at the time

18  of the disposition, the current offense is a felony, and the

19  child has previously been committed at least once to a

20  delinquency commitment program.

21         (c)  The child is less than 13 years of age and is

22  currently committed for a felony offense and transferred from

23  a moderate-risk or high-risk residential commitment placement.

24         (2)(3)(e)  DETERMINATION.-- After a child has been

25  adjudicated delinquent under pursuant to s. 985.35 985.228

26  (5), the court shall determine whether the child is eligible

27  for an intensive residential treatment program for offenders

28  less than 13 years of age under subsection (1) pursuant to s.

29  985.03(7). If the court determines that the child does not

30  meet the criteria, ss. 985.435, 985.437, 985.439, 985.441,

31  

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 1  985.445, 985.45, and 985.455 the provisions of s. 985.231(1)

 2  shall apply.

 3         (3)(f)  PLACEMENT RECOMMENDATIONS.--After a child has

 4  been transferred for criminal prosecution, a circuit court

 5  judge may direct a juvenile probation officer to consult with

 6  designated staff from an appropriate intensive residential

 7  treatment program for offenders less than 13 years of age for

 8  the purpose of making recommendations to the court regarding

 9  the child's placement in such program.

10         (4)(3)(g)  TIME AND PLACE FOR

11  RECOMMENDATIONS.--Recommendations as to a child's placement in

12  an intensive residential treatment program for offenders less

13  than 13 years of age may be based on a preliminary screening

14  of the child at appropriate sites, considering the child's

15  location while court action is pending, which may include the

16  nearest regional detention center or facility or jail.

17         (5)(3)(h)  REPORTING RECOMMENDATIONS.--Based on the

18  recommendations of the multidisciplinary assessment, the

19  juvenile probation officer shall make the following

20  recommendations to the court:

21         (a)1.  For each child who has not been transferred for

22  criminal prosecution, the juvenile probation officer shall

23  recommend whether placement in such program is appropriate and

24  needed.

25         (b)2.  For each child who has been transferred for

26  criminal prosecution, the juvenile probation officer shall

27  recommend whether the most appropriate placement for the child

28  is a juvenile justice system program, including a child who is

29  eligible for an intensive residential treatment program for

30  offenders less than 13 years of age, or placement in the adult

31  correctional system.

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 1  

 2  If treatment provided by an intensive residential treatment

 3  program for offenders less than 13 years of age is determined

 4  to be appropriate and needed and placement is available, the

 5  juvenile probation officer and the court shall identify the

 6  appropriate intensive residential treatment program for

 7  offenders less than 13 years of age best suited to the needs

 8  of the child.

 9         (6)(3)(i)  ACTION ON RECOMMENDATIONS.--The treatment

10  and placement recommendations shall be submitted to the court

11  for further action under pursuant to this subsection

12  paragraph:

13         (a)1.  If it is recommended that placement in an

14  intensive residential treatment program for offenders less

15  than 13 years of age is inappropriate, the court shall make an

16  alternative disposition under pursuant to s. 985.489 985.309

17  or other alternative sentencing as applicable, using utilizing

18  the recommendation as a guide.

19         (b)2.  If it is recommended that placement in an

20  intensive residential treatment program for offenders less

21  than 13 years of age is appropriate, the court may commit the

22  child to the department for placement in the restrictiveness

23  level designated for intensive residential treatment program

24  for offenders less than 13 years of age.

25         (7)(3)(k)  DURATION OF COMMITMENT.--Any commitment of a

26  child to the department for placement in an intensive

27  residential treatment program for offenders less than 13 years

28  of age shall be for an indeterminate period of time, but the

29  time shall not exceed the maximum term of imprisonment that

30  which an adult may serve for the same offense. Any child who

31  has not completed the residential portion of the intensive

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 1  residential treatment program for offenders less than 13 years

 2  of age by his or her fourteenth birthday may be transferred to

 3  another program for committed delinquent offenders.

 4         (8)(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

 5  the provisions of this chapter and the establishment of

 6  appropriate program guidelines and standards, contractual

 7  instruments, which shall include safeguards of all

 8  constitutional rights, shall be developed for intensive

 9  residential treatment programs for offenders less than 13

10  years of age as follows:

11         (a)  The department shall provide for:

12         1.  The oversight of implementation of assessment and

13  treatment approaches.

14         2.  The identification and prequalification of

15  appropriate individuals or not-for-profit organizations,

16  including minority individuals or organizations when possible,

17  to provide assessment and treatment services to intensive

18  offenders less than 13 years of age.

19         3.  The monitoring and evaluation of assessment and

20  treatment services for compliance with the provisions of this

21  chapter and all applicable rules and guidelines pursuant

22  thereto.

23         4.  The development of an annual report on the

24  performance of assessment and treatment to be presented to the

25  Governor, the Attorney General, the President of the Senate,

26  the Speaker of the House of Representatives, the Auditor

27  General, and the Office of Program Policy Analysis and

28  Government Accountability no later than January 1 of each

29  year.

30         (b)  Assessment shall generally comprise the first 30

31  days of treatment and be provided by the same provider as

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 1  treatment, but assessment and treatment services may be

 2  provided by separate providers, where warranted. Providers

 3  shall be selected who have the capacity to assess and treat

 4  the unique problems presented by children with different

 5  racial and ethnic backgrounds. The department shall retain

 6  contractual authority to reject any assessment or treatment

 7  provider for lack of qualification.

 8         (9)(2)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR

 9  OFFENDERS UNDER AGE 13.--

10         (a)  There is created the intensive residential

11  treatment program for offenders less than 13 years of age. The

12  program shall consist of at least 9 months of intensive secure

13  residential treatment. Conditional release assessment and

14  services shall be provided in accordance with s. 985.46

15  985.316. The components of the program shall include, but not

16  be limited to:

17         1.  Diagnostic evaluation services.

18         2.  Appropriate treatment modalities, including

19  substance abuse intervention, mental health services, and

20  sexual behavior dysfunction interventions and gang-related

21  behavior interventions.

22         3.  Life skills.

23         4.  Values clarification.

24         5.  Case management services.

25         6.  Educational services, including special and

26  remedial education.

27         7.  Recreational and leisure time activities.

28         8.  Community involvement opportunities commencing,

29  where appropriate, with the direct and timely payment of

30  restitution to the victim.

31         9.  Intensive conditional release supervision.

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 1         10.  Graduated reentry into the community.

 2         11.  A diversity of forms of individual and family

 3  treatment appropriate to and consistent with the child's

 4  needs.

 5         12.  Consistent and clear consequences for misconduct.

 6         (b)  The department is authorized to contract with

 7  private companies to provide some or all of the components

 8  indicated in paragraph (a).

 9         (c)  The department shall involve local law enforcement

10  agencies, the judiciary, school board personnel, the office of

11  the state attorney, the office of the public defender, and

12  community service agencies interested in or currently working

13  with juveniles, in planning and developing this program.

14         (d)  The department is authorized to accept funds or

15  in-kind contributions from public or private sources to be

16  used for the purposes of this section.

17         (e)  The department shall establish quality assurance

18  standards to ensure the quality and substance of mental health

19  services provided to children with mental, nervous, or

20  emotional disorders who may be committed to intensive

21  residential treatment programs. The quality assurance

22  standards shall address the possession of credentials by the

23  mental health service providers.

24         (10)(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT

25  AND TREATMENT.--

26         (a)  Assessment and treatment shall be conducted by

27  treatment professionals with expertise in specific treatment

28  procedures. These, which professionals shall exercise all

29  professional judgment independently of the department.

30         (b)  Treatment provided to children in designated

31  facilities shall be suited to the assessed needs of each

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 1  individual child and shall be administered safely and

 2  humanely, with respect for human dignity.

 3         (c)  The department may promulgate rules for the

 4  implementation and operation of programs and facilities for

 5  children who are eligible for an intensive residential

 6  treatment program for offenders less than 13 years of age. The

 7  department must involve the following groups in the

 8  promulgation of rules for services for this population: local

 9  law enforcement agencies, the judiciary, school board

10  personnel, the office of the state attorney, the office of the

11  public defender, and community service agencies interested in

12  or currently working with juveniles. When promulgating these

13  rules, the department must consider program principles,

14  components, standards, procedures for intake, diagnostic and

15  assessment activities, treatment modalities, and case

16  management.

17         (d)  Any provider who acts in good faith is immune from

18  civil or criminal liability for his or her actions in

19  connection with the assessment, treatment, or transportation

20  of an intensive offender less than 13 years of age under the

21  provisions of this chapter.

22         (e)(j)  The following provisions shall apply to

23  children in an intensive residential treatment program for

24  offenders less than 13 years of age:

25         1.  A child shall begin participation in the

26  conditional release component of the program based upon a

27  determination made by the treatment provider and approved by

28  the department.

29         2.  A child shall begin participation in the community

30  supervision component of conditional release based upon a

31  determination made by the treatment provider and approved by

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 1  the department. The treatment provider shall give written

 2  notice of the determination to the circuit court having

 3  jurisdiction over the child. If the court does not respond

 4  with a written objection within 10 days, the child shall begin

 5  the conditional release component.

 6         3.  A child shall be discharged from the program based

 7  upon a determination made by the treatment provider with the

 8  approval of the department.

 9         4.  In situations where the department does not agree

10  with the decision of the treatment provider, a reassessment

11  shall be performed, and the department shall use utilize the

12  reassessment determination to resolve the disagreement and

13  make a final decision.

14         (11)(4)  ASSESSMENTS, TESTING, RECORDS, AND

15  INFORMATION.--

16         (a)  Under Pursuant to the provisions of this section,

17  the department shall implement the comprehensive assessment

18  instrument for the treatment needs of children who are

19  eligible for an intensive residential treatment program for

20  offenders less than 13 years of age and for the assessment,

21  which assessment shall include the criteria under subsection

22  (1) s. 985.03(7) and shall also include, but not be limited

23  to, evaluation of the child's:

24         1.  Amenability to treatment.

25         2.  Proclivity toward violence.

26         3.  Tendency toward gang involvement.

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

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

29  abuse, or indication of sexual behavior dysfunction.

30         6.  Number and type of previous adjudications, findings

31  of guilt, and convictions.

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 1         7.  Potential for rehabilitation.

 2         (b)  The department shall contract with multiple

 3  individuals or not-for-profit organizations to perform the

 4  assessments and treatment, and shall ensure that the staff of

 5  each provider is are appropriately trained.

 6         (c)  Assessment and treatment providers shall have a

 7  written procedure developed, in consultation with licensed

 8  treatment professionals, establishing conditions under which a

 9  child's blood and urine samples will be tested for substance

10  abuse indications. It is not unlawful for The person receiving

11  the test results may to divulge the test results to the

12  relevant facility staff and department personnel;. however,

13  such information is exempt from the provisions of ss. 119.01

14  and 119.07(1) and s. 24(a), Art. I of the State Constitution.

15         (d)  Serologic blood test and urinalysis results

16  obtained under pursuant to paragraph (c) are confidential,

17  except that they may be shared with employees or officers of

18  the department, the court, and any assessment or treatment

19  provider and designated facility treating the child. No person

20  to whom the results of a test have been disclosed under this

21  section may disclose the test results to another person not

22  authorized under this section.

23         (e)  The results of any serologic blood or urine test

24  on a child who is eligible for an intensive residential

25  treatment program for offenders less than 13 years of age

26  shall become a part of that child's permanent medical file.

27  Upon transfer of the child to any other designated treatment

28  facility, such file shall be transferred in an envelope marked

29  confidential. The results of any test designed to identify the

30  human immunodeficiency virus, or its antigen or antibody,

31  shall be accessible only to persons designated by rule of the

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 1  department. The provisions of such rule shall be consistent

 2  with the guidelines established by the Centers for Disease

 3  Control and Prevention.

 4         (f)  A record of the assessment and treatment of each

 5  child who is eligible for an intensive residential treatment

 6  program for offenders less than 13 years of age shall be

 7  maintained by the provider, which shall include data

 8  pertaining to the child's treatment and such other information

 9  as may be required under rules of the department. Unless

10  waived by express and informed consent by the child or the

11  guardian or, if the child is deceased, by the child's personal

12  representative or by the person who stands next in line of

13  intestate succession, the privileged and confidential status

14  of the clinical assessment and treatment record shall not be

15  lost by either authorized or unauthorized disclosure to any

16  person, organization, or agency.

17         (g)  The assessment and treatment record shall not be a

18  public record, and no part of it shall be released, except

19  that:

20         1.  The record shall be released to such persons and

21  agencies as are designated by the child or the guardian.

22         2.  The record shall be released to persons authorized

23  by order of court, excluding matters privileged by other

24  provisions of law.

25         3.  The record or any part thereof shall be disclosed

26  to a qualified researcher, as defined by rule; a staff member

27  of the designated treatment facility; or an employee of the

28  department when the administrator of the facility or the

29  Secretary of Juvenile Justice deems it necessary for treatment

30  of the child, maintenance of adequate records, compilation of

31  treatment data, or evaluation of programs.

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 1         4.  Information from the assessment and treatment

 2  record may be used for statistical and research purposes if

 3  the information is abstracted in such a way as to protect the

 4  identity of individuals.

 5         (h)  Notwithstanding other provisions of this section,

 6  the department may request, receive, and provide assessment

 7  and treatment information to facilitate treatment,

 8  rehabilitation, and continuity of care of any child who is

 9  eligible for an intensive residential treatment program for

10  offenders less than 13 years of age from any of the following:

11         1.  The Social Security Administration and the United

12  States Department of Veterans Affairs.

13         2.  Law enforcement agencies, state attorneys, defense

14  attorneys, and judges in regard to the child's status.

15         3.  Personnel in any facility in which the child may be

16  placed.

17         4.  Community agencies and others expected to provide

18  services to the child upon his or her return to the community.

19         (i)  Any law enforcement agency, designated treatment

20  facility, governmental or community agency, or other entity

21  that receives information under pursuant to this section shall

22  maintain such information as a nonpublic record as otherwise

23  provided herein.

24         (j)  Any agency, not-for-profit organization, or

25  treatment professional who acts in good faith in releasing

26  information under pursuant to this subsection shall not be

27  subject to civil or criminal liability for such release.

28         (k)  Assessment and treatment records are confidential

29  as described in this paragraph and exempt from the provisions

30  of s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution.

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 1         1.  The department shall have full access to the

 2  assessment and treatment records to ensure coordination of

 3  services to the child.

 4         2.  The principles of confidentiality of records as

 5  provided in s. 985.045 985.05 shall apply to the assessment

 6  and treatment records of children who are eligible for an

 7  intensive residential treatment program for offenders less

 8  than 13 years of age.

 9         (l)  For purposes of effective administration, accurate

10  tracking and recordkeeping, and optimal treatment decisions,

11  each assessment and treatment provider shall maintain a

12  central identification file on each child it treats in the

13  intensive residential treatment program for offenders less

14  than 13 years of age.

15         (m)  The file of each child treated in the intensive

16  residential treatment program for offenders less than 13 years

17  of age shall contain, but is not limited to, pertinent

18  children-in-need-of-services and delinquency record

19  information maintained by the department; pertinent school

20  records information on behavior, attendance, and achievement;

21  and pertinent information on delinquency or children in need

22  of services maintained by law enforcement agencies and the

23  state attorney.

24         (n)  All providers under this section shall, as part of

25  their contractual duties, collect, maintain, and report to the

26  department all information necessary to comply with mandatory

27  reporting pursuant to the promulgation of rules by the

28  department for the implementation of intensive residential

29  treatment programs for offenders less than 13 years of age and

30  the monitoring and evaluation thereof.

31  

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 1         (o)  The department is responsible for the development

 2  and maintenance of a statewide automated tracking system for

 3  children who are treated in an intensive residential treatment

 4  program for offenders less than 13 years of age.

 5         (12)(5)  DESIGNATED TREATMENT FACILITIES.--

 6         (a)  Designated facilities shall be sited and

 7  constructed by the department, directly or by contract,

 8  pursuant to departmental rules, to ensure that facility design

 9  is compatible with treatment. The department is authorized to

10  contract for the construction of the facilities and may also

11  lease facilities. The number of beds per facility shall not

12  exceed 25. An assessment of need for additional facilities

13  shall be conducted prior to the siting or construction of more

14  than one facility in any judicial circuit.

15         (b)  Designated facilities for an intensive residential

16  treatment program for offenders less than 13 years of age

17  shall be separate and secure facilities established under the

18  authority of the department for the treatment of such

19  children.

20         (c)  Security for designated facilities for children

21  who are eligible for an intensive residential treatment

22  program for offenders less than 13 years of age shall be

23  determined by the department. The department is authorized to

24  contract for the provision of security.

25         (d)  With respect to the treatment of children who are

26  eligible for an intensive residential treatment program for

27  offenders less than 13 years of age under this section,

28  designated facilities shall be immune from liability for civil

29  damages except in instances when the failure to act in good

30  faith results in serious injury or death, in which case

31  liability shall be governed by s. 768.28.

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 1         (e)  Minimum standards and requirements for designated

 2  treatment facilities shall be contractually prescribed under

 3  pursuant to subsection (8)(1).

 4         Section 60.  Section 985.312, Florida Statutes, is

 5  renumbered as section 985.486, Florida Statutes, and amended

 6  to read:

 7         985.486 985.312  Intensive residential treatment

 8  programs for offenders less than 13 years of age; prerequisite

 9  for commitment.--No child who is eligible for commitment to an

10  intensive residential treatment program for offenders less

11  than 13 years of age as established in s. 985.483(1)

12  985.03(7), may be committed to any intensive residential

13  treatment program for offenders less than 13 years of age as

14  established in s. 985.483 985.311, unless such program has

15  been established by the department through existing resources

16  or specific appropriation, for such program.

17         Section 61.  Section 985.309, Florida Statutes, is

18  renumbered as section 985.489, Florida Statutes, and

19  subsection (6) of that section is amended to read:

20         985.489 985.309  Boot camp for children.--

21         (6)  A boot camp operated by the department, a county,

22  or a municipality must provide for the following minimum

23  periods of participation:

24         (a)  A participant in a low-risk residential program

25  must spend at least 2 months in the boot camp component of the

26  program. Conditional release assessment and services shall be

27  provided in accordance with s. 985.46 985.316.

28         (b)  A participant in a moderate-risk residential

29  program must spend at least 4 months in the boot camp

30  component of the program. Conditional release assessment and

31  

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 1  services shall be provided in accordance with s. 985.46

 2  985.316.

 3  

 4  This subsection does not preclude the operation of a program

 5  that requires the participants to spend more than 4 months in

 6  the boot camp component of the program or that requires the

 7  participants to complete two sequential programs of 4 months

 8  each in the boot camp component of the program.

 9         Section 62.  Section 985.314, Florida Statutes, is

10  renumbered as section 985.494, Florida Statutes, and amended

11  to read:

12         985.494 985.314  Commitment programs for juvenile

13  felony offenders.--

14         (1)  Notwithstanding any other law and regardless of

15  the child's age, a child who is adjudicated delinquent, or for

16  whom adjudication is withheld, for an act that would be a

17  felony if committed by an adult, shall be committed to:

18         (a)  A boot camp program under s. 985.489 985.309 if

19  the child has participated in an early delinquency

20  intervention program as provided in s. 985.61 985.305.

21         (b)  A program for serious or habitual juvenile

22  offenders under s. 985.47 985.31 or an intensive residential

23  treatment program for offenders less than 13 years of age

24  under s. 985.483 985.311, if the child has participated in an

25  early delinquency intervention program and has completed a

26  boot camp program.

27         (c)  A maximum-risk residential program, if the child

28  has participated in an early delinquency intervention program,

29  has completed a boot camp program, and has completed a program

30  for serious or habitual juvenile offenders or an intensive

31  residential treatment program for offenders less than 13 years

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 1  of age. The commitment of a child to a maximum-risk

 2  residential program must be for an indeterminate period, but

 3  may not exceed the maximum term of imprisonment that an adult

 4  may serve for the same offense.

 5         (2)  In committing a child to the appropriate program,

 6  the court may consider an equivalent program of similar

 7  intensity as being comparable to a program required under

 8  subsection (1).

 9         Section 63.  Section 985.511, Florida Statutes, is

10  created to read:

11         985.511  Costs of representation.--The responsibilities

12  of the parents or legal guardian of the child to pay costs

13  associated with the representation of the child are prescribed

14  under s. 985.033.

15         Section 64.  Section 985.204, Florida Statutes, is

16  renumbered as section 985.512, Florida Statutes.

17         Section 65.  Paragraph (e) of subsection (1) of section

18  985.231, Florida Statutes, is amended and renumbered as

19  subsection (2) of section 985.513, Florida Statutes, which is

20  created to read:

21         985.513  Powers of the court over parent or guardian at

22  disposition.--

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

24  delinquent child may, by an order stating the facts upon which

25  a determination of a sanction and rehabilitative program was

26  made at the disposition hearing:

27         (a)  Order the child's parent or guardian together with

28  the child to render community service in a public service

29  program or to participate in a community work project. In

30  addition to the sanctions imposed on the child, the court may

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

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 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.

 4         (b)  Order the parent or guardian to make restitution

 5  in money or in kind for any damage or loss caused by the

 6  child's offense. The court may also require the parent or

 7  legal guardian of the child to be responsible for any

 8  restitution ordered against the child, as provided under s.

 9  985.437. The court shall determine a reasonable amount or

10  manner of restitution, and payment shall be made to the clerk

11  of the circuit court as provided in s. 985.437. The court may

12  retain jurisdiction, as provided under s. 985.0301, over the

13  child and the child's parent or legal guardian whom the court

14  has ordered to pay restitution until the restitution order is

15  satisfied or the court orders otherwise. 

16         (1)

17         (2)(e)  Notwithstanding whether adjudication is imposed

18  or withheld In carrying out the provisions of this part, the

19  court may order the natural parents or legal custodian or

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

21  delinquent act to participate in family counseling and other

22  professional counseling activities deemed necessary for the

23  rehabilitation of the child or to enhance their ability to

24  provide the child with adequate support, guidance, and

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

26  custodian, or guardian support the child and participate with

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

28  the court may use its contempt powers to enforce a

29  court-imposed sanction.

30         Section 66.  Section 985.514, Florida Statutes, is

31  created to read:

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 1         985.514  Responsibility for cost of care; fees.--

 2         (1)  When any child is placed into secure or home

 3  detention care or into other placement for the purpose of

 4  being supervised by the department pursuant to a court order

 5  following a detention hearing, the court shall order the

 6  parents or guardians of such child to pay fees to the

 7  department as provided in s. 985.039.

 8         (2)  When any child is found by the court to have

 9  committed a delinquent act and is placed on probation,

10  regardless of adjudication, under the supervision of or in the

11  temporary legal custody of the department, the court shall

12  order the child's parents to pay fees to the department as

13  provided in s. 985.039.

14         (3)  When the court under s. 985.565 orders any child

15  prosecuted as an adult to be supervised by or committed to the

16  department for treatment in any of the department's programs

17  for children, the court shall order the child's parents to pay

18  fees as provided in s. 985.039.

19         Section 67.  Section 985.234, Florida Statutes, is

20  renumbered as section 985.534, Florida Statutes, and

21  subsection (1) of that section is amended to read:

22         985.534 985.234  Appeal.--

23         (1)  An appeal from an order of the court affecting a

24  party to a case involving a child under pursuant to this

25  chapter part may be taken to the appropriate district court of

26  appeal within the time and in the manner prescribed by s.

27  924.051 and the Florida Rules of Appellate Procedure by:

28         (a)  Any child, and any parent or legal guardian or

29  custodian of any child.

30         (b)  The state, which may appeal from:

31  

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 1         1.  An order dismissing a petition or any section

 2  thereof;

 3         2.  An order granting a new adjudicatory hearing;

 4         3.  An order arresting judgment;

 5         4.  A ruling on a question of law when the child is

 6  adjudicated delinquent and appeals from the judgment;

 7         5.  The disposition, on the ground that it is illegal;

 8         6.  A judgment discharging a child on habeas corpus;

 9         7.  An order adjudicating a child insane under the

10  Florida Rules of Juvenile Procedure; and

11         8.  All other preadjudicatory hearings, except that the

12  state may not take more than one appeal under this subsection

13  in any case.

14  

15  In the case of an appeal by the state, the notice of appeal

16  shall be filed by the appropriate state attorney or his or her

17  authorized assistant under pursuant to the provisions of s.

18  27.18. Such an appeal shall embody all assignments of error in

19  each preadjudicatory hearing order that the state seeks to

20  have reviewed. The state shall pay all costs of the appeal

21  except for the child's attorney's fee.

22         Section 68.  Sections 985.235 and 985.236, Florida

23  Statutes, are renumbered, respectively, as sections 985.535

24  and 985.536, Florida Statutes.

25         Section 69.  Section 985.226, Florida Statutes, is

26  renumbered as section 985.556, Florida Statutes, and amended

27  to read:

28         985.556 985.226  Waiver of juvenile court jurisdiction;

29  hearing Criteria for waiver of juvenile court jurisdiction;

30  hearing on motion to transfer for prosecution as an adult.--

31  

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 1         (1)  VOLUNTARY WAIVER.--The court shall transfer and

 2  certify a child's criminal case for trial as an adult if the

 3  child is alleged to have committed a violation of law and,

 4  prior to the commencement of an adjudicatory hearing, the

 5  child, joined by a parent or, in the absence of a parent, by

 6  the guardian or guardian ad litem, demands in writing to be

 7  tried as an adult. Once a child has been transferred for

 8  criminal prosecution pursuant to a voluntary waiver hearing

 9  and has been found to have committed the presenting offense or

10  a lesser included offense, the child shall be handled

11  thereafter in every respect as an adult for any subsequent

12  violation of state law, unless the court imposes juvenile

13  sanctions under s. 985.565 985.233(4)(b).

14         (2)  INVOLUNTARY DISCRETIONARY WAIVER.--

15         (a)  Discretionary waiver.--Except as provided in

16  subsection (3) paragraph (b), the state attorney may file a

17  motion requesting the court to transfer the child for criminal

18  prosecution if the child was 14 years of age or older at the

19  time the alleged delinquent act or violation of law was

20  committed.

21         (3)  INVOLUNTARY MANDATORY WAIVER.--

22         (b)  Mandatory waiver.--

23         (a)1.  If the child was 14 years of age or older, and

24  if the child has been previously adjudicated delinquent for an

25  act classified as a felony, which adjudication was for the

26  commission of, attempt to commit, or conspiracy to commit

27  murder, sexual battery, armed or strong-armed robbery,

28  carjacking, home-invasion robbery, aggravated battery,

29  aggravated assault, or burglary with an assault or battery,

30  and the child is currently charged with a second or subsequent

31  violent crime against a person; or

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 1         (b)2.  If the child was 14 years of age or older at the

 2  time of commission of a fourth or subsequent alleged felony

 3  offense and the child was previously adjudicated delinquent or

 4  had adjudication withheld for or was found to have committed,

 5  or to have attempted or conspired to commit, three offenses

 6  that are felony offenses if committed by an adult, and one or

 7  more of such felony offenses involved the use or possession of

 8  a firearm or violence against a person;

 9  

10  the state attorney shall request the court to transfer and

11  certify the child for prosecution as an adult or shall provide

12  written reasons to the court for not making such request, or

13  proceed under pursuant to s. 985.557 985.227(1). Upon the

14  state attorney's request, the court shall either enter an

15  order transferring the case and certifying the case for trial

16  as if the child were an adult or provide written reasons for

17  not issuing such an order.

18         (4)(3)  WAIVER HEARING.--

19         (a)  Within 7 days, excluding Saturdays, Sundays, and

20  legal holidays, after the date a petition alleging that a

21  child has committed a delinquent act or violation of law has

22  been filed, or later with the approval of the court, but

23  before an adjudicatory hearing and after considering the

24  recommendation of the juvenile probation officer, the state

25  attorney may file a motion requesting the court to transfer

26  the child for criminal prosecution.

27         (b)  After the filing of the motion of the state

28  attorney, summonses must be issued and served in conformity

29  with s. 985.319 985.219. A copy of the motion and a copy of

30  the delinquency petition, if not already served, must be

31  attached to each summons.

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 1         (c)  The court shall conduct a hearing on all transfer

 2  request motions for the purpose of determining whether a child

 3  should be transferred. In making its determination, the court

 4  shall consider:

 5         1.  The seriousness of the alleged offense to the

 6  community and whether the protection of the community is best

 7  served by transferring the child for adult sanctions.

 8         2.  Whether the alleged offense was committed in an

 9  aggressive, violent, premeditated, or willful manner.

10         3.  Whether the alleged offense was against persons or

11  against property, greater weight being given to offenses

12  against persons, especially if personal injury resulted.

13         4.  The probable cause as found in the report,

14  affidavit, or complaint.

15         5.  The desirability of trial and disposition of the

16  entire offense in one court when the child's associates in the

17  alleged crime are adults or children who are to be tried as

18  adults.

19         6.  The sophistication and maturity of the child.

20         7.  The record and previous history of the child,

21  including:

22         a.  Previous contacts with the department, the

23  Department of Corrections, the former Department of Health and

24  Rehabilitative Services, the Department of Children and Family

25  Services, other law enforcement agencies, and courts;

26         b.  Prior periods of probation;

27         c.  Prior adjudications that the child committed a

28  delinquent act or violation of law, greater weight being given

29  if the child has previously been found by a court to have

30  committed a delinquent act or violation of law involving an

31  offense classified as a felony or has twice previously been

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 1  found to have committed a delinquent act or violation of law

 2  involving an offense classified as a misdemeanor; and

 3         d.  Prior commitments to institutions.

 4         8.  The prospects for adequate protection of the public

 5  and the likelihood of reasonable rehabilitation of the child,

 6  if the child is found to have committed the alleged offense,

 7  by the use of procedures, services, and facilities currently

 8  available to the court.

 9         (d)  Prior to a hearing on the transfer request motion

10  by the state attorney, a study and report to the court

11  relevant to the factors in paragraph (c) must be made in

12  writing by an authorized agent of the department. The child

13  and the child's parents or legal guardians and counsel and the

14  state attorney shall have the right to examine these reports

15  and to question the parties responsible for them at the

16  hearing.

17         (e)  Any decision to transfer a child for criminal

18  prosecution must be in writing and include consideration of,

19  and findings of fact with respect to, all criteria in

20  paragraph (c). The court shall render an order including a

21  specific finding of fact and the reasons for a decision to

22  impose adult sanctions. The order shall be reviewable on

23  appeal under s. 985.534 985.234 and the Florida Rules of

24  Appellate Procedure.

25         (5)(4)  EFFECT OF ORDER WAIVING JURISDICTION.--

26         (a)  Once a child has been transferred for criminal

27  prosecution pursuant to an involuntary waiver hearing and has

28  been found to have committed the presenting offense or a

29  lesser included offense, the child shall thereafter be handled

30  in every respect as an adult for any subsequent violation of

31  

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 1  state law, unless the court imposes juvenile sanctions under

 2  s. 985.565 985.233.

 3         (b)  When a child is transferred for criminal

 4  prosecution as an adult, the court shall immediately transfer

 5  and certify to the adult circuit court all felony cases

 6  pertaining to the child, for prosecution of the child as an

 7  adult, which have not yet resulted in a plea of guilty or nolo

 8  contendere or in which a finding of guilt has not been made.

 9  If the child is acquitted of all charged offenses or lesser

10  included offenses contained in the original case transferred

11  to adult court, all felony cases that were transferred to

12  adult court under pursuant to this paragraph shall be subject

13  to the same penalties such cases were subject to before being

14  transferred to adult court.

15         Section 70.  Section 985.227, Florida Statutes, is

16  renumbered as section 985.557, Florida Statutes, and amended

17  to read:

18         985.557 985.227  Prosecution of juveniles as adults by

19  the Direct filing of an information in the criminal division

20  of the circuit court; discretionary and criteria; mandatory

21  criteria.--

22         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

23         (a)  With respect to any child who was 14 or 15 years

24  of age at the time the alleged offense was committed, the

25  state attorney may file an information when in the state

26  attorney's judgment and discretion the public interest

27  requires that adult sanctions be considered or imposed and

28  when the offense charged is for the commission of, attempt to

29  commit, or conspiracy to commit:

30         1.  Arson;

31         2.  Sexual battery;

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 1         3.  Robbery;

 2         4.  Kidnapping;

 3         5.  Aggravated child abuse;

 4         6.  Aggravated assault;

 5         7.  Aggravated stalking;

 6         8.  Murder;

 7         9.  Manslaughter;

 8         10.  Unlawful throwing, placing, or discharging of a

 9  destructive device or bomb;

10         11.  Armed burglary in violation of s. 810.02(2)(b) or

11  specified burglary of a dwelling or structure in violation of

12  s. 810.02(2)(c), or burglary with an assault or battery in

13  violation of s. 810.02(2)(a);

14         12.  Aggravated battery;

15         13.  Any lewd or lascivious offense committed upon or

16  in the presence of a person less than 16 years of age;

17         14.  Carrying, displaying, using, threatening, or

18  attempting to use a weapon or firearm during the commission of

19  a felony;

20         15.  Grand theft in violation of s. 812.014(2)(a);

21         16.  Possessing or discharging any weapon or firearm on

22  school property in violation of s. 790.115;

23         17.  Home invasion robbery;

24         18.  Carjacking; or

25         19.  Grand theft of a motor vehicle in violation of s.

26  812.014(2)(c)6. or grand theft of a motor vehicle valued at

27  $20,000 or more in violation of s. 812.014(2)(b) if the child

28  has a previous adjudication for grand theft of a motor vehicle

29  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

30         (b)  With respect to any child who was 16 or 17 years

31  of age at the time the alleged offense was committed, the

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 1  state attorney may file an information when in the state

 2  attorney's judgment and discretion the public interest

 3  requires that adult sanctions be considered or imposed.

 4  However, the state attorney may not file an information on a

 5  child charged with a misdemeanor, unless the child has had at

 6  least two previous adjudications or adjudications withheld for

 7  delinquent acts, one of which involved an offense classified

 8  as a felony under state law.

 9         (2)  MANDATORY DIRECT FILE.--

10         (a)  With respect to any child who was 16 or 17 years

11  of age at the time the alleged offense was committed, the

12  state attorney shall file an information if the child has been

13  previously adjudicated delinquent for an act classified as a

14  felony, which adjudication was for the commission of, attempt

15  to commit, or conspiracy to commit murder, sexual battery,

16  armed or strong-armed robbery, carjacking, home-invasion

17  robbery, aggravated battery, or aggravated assault, and the

18  child is currently charged with a second or subsequent violent

19  crime against a person.

20         (b)  With respect to any child 16 or 17 years of age at

21  the time an offense classified as a forcible felony, as

22  defined in s. 776.08, was committed, the state attorney shall

23  file an information if the child has previously been

24  adjudicated delinquent or had adjudication withheld for three

25  acts classified as felonies each of which occurred at least 45

26  days apart from each other. This paragraph does not apply when

27  the state attorney has good cause to believe that exceptional

28  circumstances exist which preclude the just prosecution of the

29  juvenile in adult court.

30         (c)  The state attorney must file an information if a

31  child, regardless of the child's age at the time the alleged

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 1  offense was committed, is alleged to have committed an act

 2  that would be a violation of law if the child were an adult,

 3  that involves stealing a motor vehicle, including, but not

 4  limited to, a violation of s. 812.133, relating to carjacking,

 5  or s. 812.014(2)(c)6., relating to grand theft of a motor

 6  vehicle, and while the child was in possession of the stolen

 7  motor vehicle the child caused serious bodily injury to or the

 8  death of a person who was not involved in the underlying

 9  offense. For purposes of this section, the driver and all

10  willing passengers in the stolen motor vehicle at the time

11  such serious bodily injury or death is inflicted shall also be

12  subject to mandatory transfer to adult court. "Stolen motor

13  vehicle," for the purposes of this section, means a motor

14  vehicle that has been the subject of any criminal wrongful

15  taking. For purposes of this section, "willing passengers"

16  means all willing passengers who have participated in the

17  underlying offense.

18         (d)1.  With respect to any child who was 16 or 17 years

19  of age at the time the alleged offense was committed, the

20  state attorney shall file an information if the child has been

21  charged with committing or attempting to commit an offense

22  listed in s. 775.087(2)(a)1.a.-q., and, during the commission

23  of or attempt to commit the offense, the child:

24         a.  Actually possessed a firearm or destructive device,

25  as those terms are defined in s. 790.001.

26         b.  Discharged a firearm or destructive device, as

27  described in s. 775.087(2)(a)2.

28         c.  Discharged a firearm or destructive device, as

29  described in s. 775.087(2)(a)3., and, as a result of the

30  discharge, death or great bodily harm was inflicted upon any

31  person.

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 1         2.  Upon transfer, any child who is:

 2         a.  Charged under pursuant to sub-subparagraph 1.a. and

 3  who has been previously adjudicated or had adjudication

 4  withheld for a forcible felony offense or any offense

 5  involving a firearm, or who has been previously placed in a

 6  residential commitment program, shall be subject to sentencing

 7  under s. 775.087(2)(a), notwithstanding s. 985.565 985.233.

 8         b.  Charged under pursuant to sub-subparagraph 1.b. or

 9  sub-subparagraph 1.c., shall be subject to sentencing under s.

10  775.087(2)(a), notwithstanding s. 985.565 985.233.

11         3.  Upon transfer, any child who is charged under

12  pursuant to this paragraph, but who does not meet the

13  requirements specified in subparagraph 2., shall be sentenced

14  under pursuant to s. 985.565 985.233; however, if the court

15  imposes a juvenile sanction, the court must commit the child

16  to a high-risk or maximum-risk juvenile facility.

17         4.  This paragraph shall not apply if the state

18  attorney has good cause to believe that exceptional

19  circumstances exist that which preclude the just prosecution

20  of the child in adult court.

21         5.  The Department of Corrections shall make every

22  reasonable effort to ensure that any child 16 or 17 years of

23  age who is convicted and sentenced under this paragraph be

24  completely separated such that there is no physical contact

25  with adult offenders in the facility, to the extent that it is

26  consistent with chapter 958.

27         (3)  EFFECT OF DIRECT FILE.--

28         (a)  Once a child has been transferred for criminal

29  prosecution pursuant to an information and has been found to

30  have committed the presenting offense or a lesser included

31  offense, the child shall be handled thereafter in every

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 1  respect as if an adult for any subsequent violation of state

 2  law, unless the court imposes juvenile sanctions under s.

 3  985.565 985.233.

 4         (b)  When a child is transferred for criminal

 5  prosecution as an adult, the court shall immediately transfer

 6  and certify to the adult circuit court all felony cases

 7  pertaining to the child, for prosecution of the child as an

 8  adult, which have not yet resulted in a plea of guilty or nolo

 9  contendere or in which a finding of guilt has not been made.

10  If a child is acquitted of all charged offenses or lesser

11  included offenses contained in the original case transferred

12  to adult court, all felony cases that were transferred to

13  adult court as a result of this paragraph shall be subject to

14  the same penalties to which such cases would have been subject

15  before being transferred to adult court.

16         (c)  When a child has been transferred for criminal

17  prosecution as an adult and has been found to have committed a

18  violation of state law, the disposition of the case may be

19  made under s. 985.565 985.233 and may include the enforcement

20  of any restitution ordered in any juvenile proceeding.

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

22  attorney shall develop written policies and guidelines to

23  govern determinations for filing an information on a juvenile,

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

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

26  Representatives not later than January 1 of each year.

27         (5)  An information filed pursuant to this section may

28  include all charges that are based on the same act, criminal

29  episode, or transaction as the primary offenses.

30  

31  

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 1         Section 71.  Section 985.225, Florida Statutes, is

 2  renumbered as section 985.56, Florida Statutes, and amended to

 3  read:

 4         985.56 985.225  Indictment of a juvenile.--

 5         (1)  A child of any age who is charged with a violation

 6  of state law punishable by death or by life imprisonment is

 7  subject to the jurisdiction of the court as set forth in s.

 8  985.0301(2) 985.219(8) unless and until an indictment on the

 9  charge is returned by the grand jury. When such indictment is

10  returned, the petition for delinquency, if any, must be

11  dismissed and the child must be tried and handled in every

12  respect as an adult:

13         (a)  On the offense punishable by death or by life

14  imprisonment; and

15         (b)  On all other felonies or misdemeanors charged in

16  the indictment which are based on the same act or transaction

17  as the offense punishable by death or by life imprisonment or

18  on one or more acts or transactions connected with the offense

19  punishable by death or by life imprisonment.

20         (2)  An adjudicatory hearing may not be held until 21

21  days after the child is taken into custody and charged with

22  having committed an offense punishable by death or by life

23  imprisonment, unless the state attorney advises the court in

24  writing that he or she does not intend to present the case to

25  the grand jury, or has presented the case to the grand jury

26  and the grand jury has not returned an indictment. If the

27  court receives such a notice from the state attorney, or if

28  the grand jury fails to act within the 21-day period, the

29  court may proceed as otherwise authorized under this part.

30         (3)  If the child is found to have committed the

31  offense punishable by death or by life imprisonment, the child

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 1  shall be sentenced as an adult. If the juvenile is not found

 2  to have committed the indictable offense but is found to have

 3  committed a lesser included offense or any other offense for

 4  which he or she was indicted as a part of the criminal

 5  episode, the court may sentence under pursuant to s. 985.565

 6  985.233.

 7         (4)(a)  Once a child has been indicted pursuant to this

 8  section subsection and has been found to have committed any

 9  offense for which he or she was indicted as a part of the

10  criminal episode, the child shall be handled thereafter in

11  every respect as if an adult for any subsequent violation of

12  state law, unless the court imposes juvenile sanctions under

13  s. 985.565 985.233.

14         (b)  When a child has been indicted pursuant to this

15  section subsection the court shall immediately transfer and

16  certify to the adult circuit court all felony cases pertaining

17  to the child, for prosecution of the child as an adult, which

18  have not yet resulted in a plea of guilty or nolo contendere

19  or in which a finding of guilt has not been made. If the child

20  is acquitted of all charged offenses or lesser included

21  offenses contained in the indictment case, all felony cases

22  that were transferred to adult court pursuant to this

23  paragraph shall be subject to the same penalties such cases

24  were subject to before being transferred to adult court.

25         Section 72.  Subsections (1) through (4) of section

26  985.233, Florida Statutes, are renumbered, respectively, as

27  subsections (1) through (3) and paragraphs (c) and (d) of

28  subsection (4) of section 985.565, Florida Statutes, and

29  paragraphs (a), (b), (c), (e), and (f) of subsection (4) of

30  section 985.233, Florida Statutes, are amended and renumbered,

31  

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 1  respectively, as paragraphs (a), (b), and (e) of subsection

 2  (4) of section 985.565, Florida Statutes, to read:

 3         985.565 985.233  Sentencing powers; procedures;

 4  alternatives for juveniles prosecuted as adults.--

 5         (4)  SENTENCING ALTERNATIVES.--

 6         (a)  Sentencing to Adult sanctions.--

 7         1.  Cases prosecuted on indictment.--If the child is

 8  found to have committed the offense punishable by death or

 9  life imprisonment, the child shall be sentenced as an adult.

10  If the juvenile is not found to have committed the indictable

11  offense but is found to have committed a lesser included

12  offense or any other offense for which he or she was indicted

13  as a part of the criminal episode, the court may sentence as

14  follows:

15         a.  As an adult;

16         b.  Under Pursuant to chapter 958; or

17         c.  As a juvenile under pursuant to this section.

18         2.  Other cases.--If a child who has been transferred

19  for criminal prosecution pursuant to information or waiver of

20  juvenile court jurisdiction is found to have committed a

21  violation of state law or a lesser included offense for which

22  he or she was charged as a part of the criminal episode, the

23  court may sentence as follows:

24         a.  As an adult;

25         b.  Under Pursuant to chapter 958; or

26         c.  As a juvenile under pursuant to this section.

27         3.  Notwithstanding any other provision to the

28  contrary, if the state attorney is required to file a motion

29  to transfer and certify the juvenile for prosecution as an

30  adult under pursuant to s. 985.556(3) 985.226(2)(b) and that

31  motion is granted, or if the state attorney is required to

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 1  file an information under pursuant to s. 985.557 985.227(2)(a)

 2  or (b), the court must impose adult sanctions.

 3         4.  Any sentence imposing adult sanctions is presumed

 4  appropriate, and the court is not required to set forth

 5  specific findings or enumerate the criteria in this subsection

 6  as any basis for its decision to impose adult sanctions.

 7         5.  When a child has been transferred for criminal

 8  prosecution as an adult and has been found to have committed a

 9  violation of state law, the disposition of the case may

10  include the enforcement of any restitution ordered in any

11  juvenile proceeding.

12         (b)  Sentencing to Juvenile sanctions.--For juveniles

13  transferred to adult court but who do not qualify for such

14  transfer under pursuant to s. 985.556(3) 985.226(2)(b) or s.

15  985.557 985.227(2)(a) or (b), the court may impose juvenile

16  sanctions under this paragraph. If juvenile sentences are

17  imposed, the court shall, under pursuant to this paragraph,

18  adjudge the child to have committed a delinquent act.

19  Adjudication of delinquency shall not be deemed a conviction,

20  nor shall it operate to impose any of the civil disabilities

21  ordinarily resulting from a conviction. The court shall impose

22  an adult sanction or a juvenile sanction and may not sentence

23  the child to a combination of adult and juvenile punishments.

24  An adult sanction or a juvenile sanction may include

25  enforcement of an order of restitution or probation previously

26  ordered in any juvenile proceeding. However, if the court

27  imposes a juvenile sanction and the department determines that

28  the sanction is unsuitable for the child, the department shall

29  return custody of the child to the sentencing court for

30  further proceedings, including the imposition of adult

31  

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 1  sanctions. Upon adjudicating a child delinquent under

 2  subsection (1), the court may:

 3         1.  Place the child in a probation program under the

 4  supervision of the department for an indeterminate period of

 5  time until the child reaches the age of 19 years or sooner if

 6  discharged by order of the court.

 7         2.  Commit the child to the department for treatment in

 8  an appropriate program for children for an indeterminate

 9  period of time until the child is 21 or sooner if discharged

10  by the department. The department shall notify the court of

11  its intent to discharge no later than 14 days prior to

12  discharge. Failure of the court to timely respond to the

13  department's notice shall be considered approval for

14  discharge.

15         3.  Order disposition under ss. 985.435, 985.437,

16  985.439, 985.441, 985.445, 985.45, and 985.455 pursuant to s.

17  985.231 as an alternative to youthful offender or adult

18  sentencing if the court determines not to impose youthful

19  offender or adult sanctions.

20         (c)  Imposition of adult sanctions upon failure of

21  juvenile sanctions.--If a child proves not to be suitable to a

22  commitment program, in a juvenile probation program, or

23  treatment program under the provisions of paragraph (b), the

24  department shall provide the sentencing court with a written

25  report outlining the basis for its objections to the juvenile

26  sanction and shall simultaneously provide a copy of the report

27  to the state attorney and the defense counsel. The department

28  shall schedule a hearing within 30 days. Upon hearing, the

29  court may revoke the previous adjudication, impose an

30  adjudication of guilt, and impose any sentence which it may

31  lawfully impose, giving credit for all time spent by the child

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 1  in the department. The court may also classify the child as a

 2  youthful offender under pursuant to s. 958.04, if appropriate.

 3  For purposes of this paragraph, a child may be found not

 4  suitable to a commitment program, community control program,

 5  or treatment program under the provisions of paragraph (b) if

 6  the child commits a new violation of law while under juvenile

 7  sanctions, if the child commits any other violation of the

 8  conditions of juvenile sanctions, or if the child's actions

 9  are otherwise determined by the court to demonstrate a failure

10  of juvenile sanctions.

11         (d)(e)  Further proceedings heard in adult court.--When

12  a child is sentenced to juvenile sanctions, further

13  proceedings involving those sanctions shall continue to be

14  heard in the adult court.

15         (e)(f)  School attendance.--If the child is attending

16  or is eligible to attend public school and the court finds

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

18  attending or may attend the same school as the child, the

19  court placement order shall include a finding pursuant to the

20  proceeding described in s. 985.455(2), regardless of whether

21  adjudication is withheld 985.23(1)(d).

22  

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

24  guidelines in this subsection are mandatory and that a

25  determination of disposition under this subsection is subject

26  to the right of the child to appellate review under s. 985.534

27  985.234.

28         Section 73.  Section 985.417, Florida Statutes, is

29  renumbered as section 985.57, Florida Statutes.

30         Section 74.  Subsections (1) through (3) and (6)

31  through (12) of section 985.404, Florida Statutes, are

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 1  renumbered as subsections (1) through (3) and (5) through (11)

 2  of section 985.601, Florida Statutes, and subsections (4),

 3  (5), and (9) of that section are amended to read:

 4         985.601 985.404  Administering the juvenile justice

 5  continuum.--

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

 7  necessary to appropriately administer the child's commitment,

 8  from one facility or program to another facility or program

 9  operated, contracted, subcontracted, or designated by the

10  department, including a postcommitment nonresidential

11  conditional release program. The department shall notify the

12  court that committed the child to the department and any

13  attorney of record, in writing, of its intent to transfer the

14  child from a commitment facility or program to another

15  facility or program of a higher or lower restrictiveness

16  level. The court that committed the child may agree to the

17  transfer or may set a hearing to review the transfer. If the

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

19  notice, the transfer of the child shall be deemed granted.

20         (4)(5)  The department shall maintain continuing

21  cooperation with the Department of Education, the Department

22  of Children and Family Services, the Agency for Workforce

23  Innovation Department of Labor and Employment Security, and

24  the Department of Corrections for the purpose of participating

25  in agreements with respect to dropout prevention and the

26  reduction of suspensions, expulsions, and truancy; increased

27  access to and participation in GED, vocational, and

28  alternative education programs; and employment training and

29  placement assistance. The cooperative agreements between the

30  departments shall include an interdepartmental plan to

31  cooperate in accomplishing the reduction of inappropriate

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 1  transfers of children into the adult criminal justice and

 2  correctional systems.

 3         (8)(9)  The department shall ensure that personnel

 4  responsible for the care, supervision, and individualized

 5  treatment of children are appropriately apprised of the

 6  requirements of this chapter part and trained in the

 7  specialized areas required to comply with standards

 8  established by rule.

 9         Section 75.  Section 985.3045, Florida Statutes, is

10  renumbered as section 985.605, Florida Statutes.

11         Section 76.  Section 985.3046, Florida Statutes, is

12  renumbered as section 985.606, Florida Statutes, and amended

13  to read:

14         985.606 985.3046  Agencies and entities providing

15  Prevention services providers; collection of performance data

16  collection; reporting requirements.--Each state agency or

17  entity that receives or uses state appropriations to fund

18  programs, grants, appropriations, or activities that are

19  designed to prevent juvenile crime, delinquency, gang

20  membership, status offense, or that are designed to prevent a

21  child from becoming a "child in need of services," as defined

22  in chapter 984, shall collect data relative to the performance

23  of such activities and shall provide said data to the

24  Governor, the President of the Senate, and the Speaker of the

25  House no later than January 31st of each year for the

26  preceding fiscal year, beginning in 2002. Further, each state

27  agency or entity that receives or uses state appropriations to

28  fund programs, grants, appropriations, or activities that are

29  designed to prevent juvenile crime, delinquency, gang

30  membership, status offense, or that are designed to prevent a

31  child from becoming a "child in need of services," as defined

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 1  in chapter 984, shall cooperate with the department of

 2  Juvenile Justice with regard to the report described in s.

 3  985.605(2) 985.3045(2).

 4         Section 77.  Sections 985.305 and 985.2066, Florida

 5  Statutes, are renumbered, respectively, as sections 985.61 and

 6  985.614, Florida Statutes.

 7         Section 78.  Section 985.315, Florida Statutes, is

 8  renumbered as section 985.618, Florida Statutes, and paragraph

 9  (b) of subsection (4) of that section is amended to read:

10         985.618 985.315  Educational and career-related

11  programs.--

12         (4)

13         (b)  Evaluations of juvenile educational and

14  career-related programs shall be conducted according to the

15  following guidelines:

16         1.  Systematic evaluations and quality assurance

17  monitoring shall be implemented, in accordance with s. 985.632

18  985.412(1), (2), and (5), to determine whether the programs

19  are related to successful postrelease adjustments.

20         2.  Operations and policies of the programs shall be

21  reevaluated to determine if they are consistent with their

22  primary objectives.

23         Section 79.  Section 985.3155, Florida Statutes, is

24  renumbered as section 985.622, Florida Statutes.

25         Section 80.  Section 985.317, Florida Statutes, is

26  renumbered as section 985.625, Florida Statutes, and

27  subsection (3) of that section is amended to read:

28         985.625 985.317  Literacy programs for juvenile

29  offenders.--

30         (3)  INITIAL ASSESSMENT.--When an offender is admitted

31  to a residential commitment facility, the department or a

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 1  provider under contract with the department shall immediately

 2  assess whether the offender has achieved a sixth-grade or

 3  higher reading and writing level. An assessment may be

 4  conducted at a juvenile assessment center as provided in s.

 5  985.135 985.209 as a part of the intake process. If the

 6  department or a provider determines that an offender has not

 7  achieved a sixth-grade or higher reading and writing level,

 8  the offender shall participate in a program if the offender

 9  meets the criteria for participation.

10         Section 81.  Section 985.419, Florida Statutes, is

11  renumbered as section 985.629, Florida Statutes.

12         Section 82.  Section 985.412, Florida Statutes, is

13  renumbered as section 985.632, Florida Statutes.

14         Section 83.  Sections 985.42 and 985.405, Florida

15  Statutes, are renumbered, respectively, as sections 985.636

16  and 985.64, Florida Statutes.

17         Section 84.  Subsection (2) of section 985.01, Florida

18  Statutes, is renumbered as subsection (1) of section 985.644,

19  Florida Statues, and subsections (1) through (5) of section

20  985.407, Florida Statutes, are renumbered as subsections (2)

21  through (6) of section 985.644, Florida Statutes.

22         Section 85.  Section 985.408, Florida Statutes, is

23  renumbered as section 985.648, Florida Statutes, and amended

24  to read:

25         985.648 985.408  Consultants.--The department may hire

26  consultants to advise and confer with the judges of the

27  circuit courts upon request of any such court and for the

28  purpose of advising the department on programs, facilities,

29  institutions, care, supervision, and all other services and

30  treatment for children committed to the department's care

31  under pursuant to this chapter part.

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 1         Section 86.  Section 985.409, Florida Statutes, is

 2  renumbered as section 985.652, Florida Statutes.

 3         Section 87.  Section 985.406, Florida Statutes, is

 4  renumbered as section 985.66, Florida Statutes, and paragraph

 5  (a) of subsection (3) of that section is amended to read:

 6         985.66 985.406  Juvenile justice training academies

 7  established; Juvenile Justice Standards and Training

 8  Commission created; Juvenile Justice Training Trust Fund

 9  created.--

10         (3)  JUVENILE JUSTICE TRAINING PROGRAM.--The commission

11  shall establish a certifiable program for juvenile justice

12  training pursuant to this section, and all department of

13  Juvenile Justice program staff and providers who deliver

14  direct care services pursuant to contract with the department

15  shall be required to participate in and successfully complete

16  the commission-approved program of training pertinent to their

17  areas of responsibility. Judges, state attorneys, and public

18  defenders, law enforcement officers, and school district

19  personnel may participate in such training program. For the

20  juvenile justice program staff, the commission shall, based on

21  a job-task analysis:

22         (a)  Design, implement, maintain, evaluate, and revise

23  a basic training program, including a competency-based

24  examination, for the purpose of providing minimum employment

25  training qualifications for all juvenile justice personnel.

26  All program staff of the department of Juvenile Justice and

27  providers who deliver direct-care services who are hired after

28  October 1, 1999, must meet the following minimum requirements:

29         1.  Be at least 19 years of age.

30         2.  Be a high school graduate or its equivalent as

31  determined by the commission.

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 1         3.  Not have been convicted of any felony or a

 2  misdemeanor involving perjury or a false statement, or have

 3  received a dishonorable discharge from any of the Armed Forces

 4  of the United States. Any person who, after September 30,

 5  1999, pleads guilty or nolo contendere to or is found guilty

 6  of any felony or a misdemeanor involving perjury or false

 7  statement is not eligible for employment, notwithstanding

 8  suspension of sentence or withholding of adjudication.

 9  Notwithstanding this subparagraph, any person who pleads nolo

10  contendere to a misdemeanor involving a false statement before

11  October 1, 1999, and who has had such record of that plea

12  sealed or expunged is not ineligible for employment for that

13  reason.

14         4.  Abide by all the provisions of s. 985.644(1)

15  985.01(2) regarding fingerprinting and background

16  investigations and other screening requirements for personnel.

17         5.  Execute and submit to the department an

18  affidavit-of-application form, adopted by the department,

19  attesting to his or her compliance with subparagraphs 1.-4.

20  The affidavit must be executed under oath and constitutes an

21  official statement under s. 837.06. The affidavit must include

22  conspicuous language that the intentional false execution of

23  the affidavit constitutes a misdemeanor of the second degree.

24  The employing agency shall retain the affidavit.

25         Section 88.  Section 985.4135, Florida Statutes, is

26  renumbered as section 985.664, Florida Statutes, and

27  subsection (5) of that section is amended to read:

28         985.664 985.4135  Juvenile justice circuit boards and

29  juvenile justice county councils.--

30         (5)  Juvenile justice circuit boards and county

31  councils shall advise and assist the department in the

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 1  evaluation and award of prevention and early intervention

 2  grant programs, including the Community Juvenile Justice

 3  Partnership Grant program established in s. 985.676 985.415

 4  and proceeds from the Invest in Children license plate annual

 5  use fees.

 6         Section 89.  Sections 985.416 and 985.4145, Florida

 7  Statutes, are renumbered, respectively, as sections 985.668

 8  and 985.672, Florida Statutes.

 9         Section 90.  Section 985.415, Florida Statutes, is

10  renumbered as section 985.676, Florida Statutes, and paragraph

11  (a) of subsection (1) and paragraphs (a) and (e) of subsection

12  (2) of that section are amended to read:

13         985.676 985.415  Community juvenile justice partnership

14  grants.--

15         (1)  GRANTS; CRITERIA.--

16         (a)  In order to encourage the development of county

17  and circuit juvenile justice plans and the development and

18  implementation of county and circuit interagency agreements

19  under pursuant to s. 985.664 985.4135, the community juvenile

20  justice partnership grant program is established, and shall be

21  administered by the department of Juvenile Justice.

22         (2)  GRANT APPLICATION PROCEDURES.--

23         (a)  Each entity wishing to apply for an annual

24  community juvenile justice partnership grant, which may be

25  renewed for a maximum of 2 additional years for the same

26  provision of services, shall submit a grant proposal for

27  funding or continued funding to the department. The department

28  shall establish the grant application procedures. In order to

29  be considered for funding, the grant proposal shall include

30  the following assurances and information:

31  

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 1         1.  A letter from the chair of the juvenile justice

 2  circuit board confirming that the grant application has been

 3  reviewed and found to support one or more purposes or goals of

 4  the juvenile justice plan as developed by the board.

 5         2.  A rationale and description of the program and the

 6  services to be provided, including goals and objectives.

 7         3.  A method for identification of the juveniles most

 8  likely to be involved in the juvenile justice system who will

 9  be the focus of the program.

10         4.  Provisions for the participation of parents and

11  guardians in the program.

12         5.  Coordination with other community-based and social

13  service prevention efforts, including, but not limited to,

14  drug and alcohol abuse prevention and dropout prevention

15  programs, that serve the target population or neighborhood.

16         6.  An evaluation component to measure the

17  effectiveness of the program in accordance with the provisions

18  of s. 985.632 985.412.

19         7.  A program budget, including the amount and sources

20  of local cash and in-kind resources committed to the budget.

21  The proposal must establish to the satisfaction of the

22  department that the entity will make a cash or in-kind

23  contribution to the program of a value that is at least equal

24  to 20 percent of the amount of the grant.

25         8.  The necessary program staff.

26         (e)  Each entity that is awarded a grant as provided

27  for in this section shall submit an annual evaluation report

28  to the department, the circuit juvenile justice manager, the

29  juvenile justice circuit board, and the juvenile justice

30  county council, by a date subsequent to the end of the

31  contract period established by the department, documenting the

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 1  extent to which the program objectives have been met, the

 2  effect of the program on the juvenile arrest rate, and any

 3  other information required by the department. The department

 4  shall coordinate and incorporate all such annual evaluation

 5  reports with the provisions of s. 985.632 985.412. Each entity

 6  is also subject to a financial audit and a performance audit.

 7         Section 91.  Section 985.403, Florida Statutes, is

 8  renumbered as section 985.68, Florida Statutes.

 9         Section 92.  Section 985.41, Florida Statutes, is

10  renumbered as section 985.682, Florida Statutes, and

11  subsection (1) of that section is amended to read:

12         985.682 985.41 Siting of facilities; study; criteria

13         (1)  The department is directed to conduct or contract

14  for a statewide comprehensive study to determine current and

15  future needs for all types of facilities for children

16  committed to the custody, care, or supervision of the

17  department under pursuant to this chapter part.

18         Section 93.  Section 985.2155, Florida Statutes, as

19  amended by chapter 2004-473, Laws of Florida, is renumbered as

20  section 985.686, Florida Statutes.

21         Section 94.  Section 985.411, Florida Statutes, is

22  renumbered as section 985.688, Florida Statutes, and paragraph

23  (b) of subsection (10) of that section is amended to read:

24         985.688 985.411  Administering county and municipal

25  delinquency programs and facilities.--

26         (10)

27         (b)  The department may institute proceedings against a

28  county or municipality to terminate the operation of a

29  facility when any of the following conditions exist:

30         1.  The facility fails to take preventive or corrective

31  measures in accordance with any order of the department.

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 1         2.  The facility fails to abide by any final order of

 2  the department once it has become effective and binding.

 3         3.  The facility commits any violation of this section

 4  constituting an emergency requiring immediate action as

 5  provided in this chapter.

 6         4.  The facility has willfully and knowingly refused to

 7  comply with the screening requirement for personnel under

 8  pursuant to s. 985.644(1) 985.01 or has refused to dismiss

 9  personnel found to be in noncompliance with the requirements

10  for good moral character.

11         Section 95.  Sections 985.4075, 985.4041, and 985.4042,

12  Florida Statutes, are renumbered, respectively, as sections

13  985.69, 985.692, and 985.694, Florida Statutes.

14         Section 96.  Sections 985.4045 and 985.4046, Florida

15  Statutes, are renumbered, respectively, as sections 985.701

16  and 985.711, Florida Statutes.

17         Section 97.  Section 985.3141, Florida Statutes, is

18  renumbered as section 985.721, Florida Statutes, and

19  subsection (2) of that section is amended to read:

20         985.721 985.3141  Escapes from secure detention or

21  residential commitment facility.--An escape from:

22         (2)  Any residential commitment facility described in

23  s. 985.03(43)(45), maintained for the custody, treatment,

24  punishment, or rehabilitation of children found to have

25  committed delinquent acts or violations of law; or constitutes

26  escape within the intent and meaning of s. 944.40 and is a

27  felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         Section 98.  Sections 985.2065, 985.501, 985.502,

30  985.503, 985.504, 985.505, 985.506, and 985.507, Florida

31  Statutes, are renumbered, respectively, as sections 985.731,

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 1  985.801, 985.802, 985.803, 985.804, 985.805, 985.806, and

 2  985.807, Florida Statutes.

 3         Section 99.  Subsection (6) of section 985.215, Florida

 4  Statutes, paragraphs (b), (c), (f), and (i) of subsection (1)

 5  and subsection (2) of section 985.231, Florida Statutes, and

 6  paragraph (d) of subsection (4) of section 985.233, Florida

 7  Statutes, are repealed.

 8         Section 100.  Subsection (11) of section 29.004,

 9  Florida Statutes, is amended to read:

10         29.004  State courts system.--For purposes of

11  implementing s. 14, Art. V of the State Constitution, the

12  elements of the state courts system to be provided from state

13  revenues appropriated by general law are as follows:

14         (11)  Mediation and arbitration, limited to trial court

15  referral of a pending judicial case to a mediator or a

16  court-related mediation program, or to an arbitrator or a

17  court-related arbitration program, for the limited purpose of

18  encouraging and assisting the litigants in partially or

19  completely settling the case prior to adjudication on the

20  merits by the court. This does not include citizen dispute

21  settlement centers under s. 44.201 and community arbitration

22  programs under s. 985.16 985.304.

23         Section 101.  Paragraph (b) of subsection (3) of

24  section 29.008, Florida Statutes, is amended to read:

25         29.008  County funding of court-related functions.--

26         (3)  The following shall be considered a local

27  requirement pursuant to subparagraph (2)(a)1.:

28         (b)  Alternative sanctions coordinators pursuant to ss.

29  984.09 and 985.037 985.216.

30         Section 102.  Subsection (17) of section 253.025,

31  Florida Statutes, is amended to read:

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 1         253.025  Acquisition of state lands for purposes other

 2  than preservation, conservation, and recreation.--

 3         (17)  Pursuant to s. 985.682 985.41, the Department of

 4  Juvenile Justice is responsible for obtaining appraisals and

 5  entering into option agreements and agreements for the

 6  purchase of state juvenile justice facility sites. An option

 7  agreement or agreement for purchase is not binding upon the

 8  state until it is approved by the Board of Trustees of the

 9  Internal Improvement Trust Fund. The provisions of paragraphs

10  (6)(b), (c), and (d) and (7)(b), (c), and (d) apply to all

11  appraisals, offers, and counteroffers of the Department of

12  Juvenile Justice for state juvenile justice facility sites.

13         Section 103.  Subsection (1) of section 318.21, Florida

14  Statutes, is amended to read:

15         318.21  Disposition of civil penalties by county

16  courts.--All civil penalties received by a county court

17  pursuant to the provisions of this chapter shall be

18  distributed and paid monthly as follows:

19         (1)  One dollar from every civil penalty shall be

20  remitted to the Department of Revenue for deposit into the

21  Child Welfare Training Trust Fund for child welfare training

22  purposes pursuant to s. 402.40. One dollar from every civil

23  penalty shall be remitted to the Department of Revenue for

24  deposit into the Juvenile Justice Training Trust Fund for

25  juvenile justice purposes pursuant to s. 985.66 985.406.

26         Section 104.  Subsection (3) of section 397.334,

27  Florida Statutes, is amended to read:

28         397.334  Treatment-based drug court programs.--

29         (3)  Treatment-based drug court programs may include

30  pretrial intervention programs as provided in ss. 948.08,

31  948.16, and 985.345 985.306.

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 1         Section 105.  Subsection (3) of section 400.953,

 2  Florida Statutes, is amended to read:

 3         400.953  Background screening of home medical equipment

 4  provider personnel.--The agency shall require employment

 5  screening as provided in chapter 435, using the level 1

 6  standards for screening set forth in that chapter, for home

 7  medical equipment provider personnel.

 8         (3)  Proof of compliance with the screening

 9  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

10  397.451, s. 402.305, s. 402.313, s. 409.175, s. 464.008, or s.

11  985.644 985.407 or this part must be accepted in lieu of the

12  requirements of this section if the person has been

13  continuously employed in the same type of occupation for which

14  he or she is seeking employment without a breach in service

15  that exceeds 180 days, the proof of compliance is not more

16  than 2 years old, and the person has been screened by the

17  Department of Law Enforcement. An employer or contractor shall

18  directly provide proof of compliance to another employer or

19  contractor, and a potential employer or contractor may not

20  accept any proof of compliance directly from the person

21  requiring screening. Proof of compliance with the screening

22  requirements of this section shall be provided, upon request,

23  to the person screened by the home medical equipment provider.

24         Section 106.  Paragraph (d) of subsection (1) of

25  section 419.001, Florida Statutes, is amended to read:

26         419.001  Site selection of community residential

27  homes.--

28         (1)  For the purposes of this section, the following

29  definitions shall apply:

30         (d)  "Resident" means any of the following: a frail

31  elder as defined in s. 400.618; a physically disabled or

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 1  handicapped person as defined in s. 760.22(7)(a); a

 2  developmentally disabled person as defined in s. 393.063; a

 3  nondangerous mentally ill person as defined in s. 394.455(18);

 4  or a child as defined in s. 39.01(14), s. 984.03(9) or (12),

 5  or s. 985.03(8).

 6         Section 107.  Paragraphs (tt) and (uu) of subsection

 7  (2) of section 435.04, Florida Statutes, are amended to read:

 8         435.04  Level 2 screening standards.--

 9         (2)  The security background investigations under this

10  section must ensure that no persons subject to the provisions

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

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

13  to, any offense prohibited under any of the following

14  provisions of the Florida Statutes or under any similar

15  statute of another jurisdiction:

16         (tt)  Section 985.701 985.4045, relating to sexual

17  misconduct in juvenile justice programs.

18         (uu)  Section 985.711 985.4046, relating to contraband

19  introduced into detention facilities.

20         Section 108.  Section 784.075, Florida Statutes, is

21  amended to read:

22         784.075  Battery on detention or commitment facility

23  staff or a juvenile probation officer.--A person who commits a

24  battery on a juvenile probation officer, as defined in s.

25  984.03 or s. 985.03, on other staff of a detention center or

26  facility as defined in s. 984.03(19) or s. 985.03(19), or on a

27  staff member of a commitment facility as defined in s.

28  985.03(45), commits a felony of the third degree, punishable

29  as provided in s. 775.082, s. 775.083, or s. 775.084. For

30  purposes of this section, a staff member of the facilities

31  listed includes persons employed by the Department of Juvenile

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 1  Justice, persons employed at facilities licensed by the

 2  Department of Juvenile Justice, and persons employed at

 3  facilities operated under a contract with the Department of

 4  Juvenile Justice.

 5         Section 109.  Subsection (4) of section 790.115,

 6  Florida Statutes, is amended to read:

 7         790.115  Possessing or discharging weapons or firearms

 8  at a school-sponsored event or on school property prohibited;

 9  penalties; exceptions.--

10         (4)  Notwithstanding s. 985.24 985.213, s. 985.245

11  985.214, or s. 985.25(1) 985.215(1), any minor under 18 years

12  of age who is charged under this section with possessing or

13  discharging a firearm on school property shall be detained in

14  secure detention, unless the state attorney authorizes the

15  release of the minor, and shall be given a probable cause

16  hearing within 24 hours after being taken into custody. At the

17  hearing, the court may order that the minor continue to be

18  held in secure detention for a period of 21 days, during which

19  time the minor shall receive medical, psychiatric,

20  psychological, or substance abuse examinations pursuant to s.

21  985.18 985.224, and a written report shall be completed.

22         Section 110.  Subsections (8) and (9) of section

23  790.22, Florida Statutes, are amended to read:

24         790.22  Use of BB guns, air or gas-operated guns, or

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

26  possession of firearms by minor under 18 prohibited;

27  penalties.--

28         (8)  Notwithstanding s. 985.24 985.213 or s. 985.25(1)

29  985.215(1), if a minor under 18 years of age is charged with

30  an offense that involves the use or possession of a firearm,

31  as defined in s. 790.001, including a violation of subsection

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 1  (3), or is charged for any offense during the commission of

 2  which the minor possessed a firearm, the minor shall be

 3  detained in secure detention, unless the state attorney

 4  authorizes the release of the minor, and shall be given a

 5  hearing within 24 hours after being taken into custody. At the

 6  hearing, the court may order that the minor continue to be

 7  held in secure detention in accordance with the applicable

 8  time periods specified in s. 985.26(1)-(5) 985.215(5), if the

 9  court finds that the minor meets the criteria specified in s.

10  985.255 985.215(2), or if the court finds by clear and

11  convincing evidence that the minor is a clear and present

12  danger to himself or herself or the community. The Department

13  of Juvenile Justice shall prepare a form for all minors

14  charged under this subsection that states the period of

15  detention and the relevant demographic information, including,

16  but not limited to, the sex, age, and race of the minor;

17  whether or not the minor was represented by private counsel or

18  a public defender; the current offense; and the minor's

19  complete prior record, including any pending cases. The form

20  shall be provided to the judge to be considered when

21  determining whether the minor should be continued in secure

22  detention under this subsection. An order placing a minor in

23  secure detention because the minor is a clear and present

24  danger to himself or herself or the community must be in

25  writing, must specify the need for detention and the benefits

26  derived by the minor or the community by placing the minor in

27  secure detention, and must include a copy of the form provided

28  by the department. The Department of Juvenile Justice must

29  send the form, including a copy of any order, without

30  client-identifying information, to the Office of Economic and

31  Demographic Research.

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 1         (9)  Notwithstanding s. 985.245 985.214, if the minor

 2  is found to have committed an offense that involves the use or

 3  possession of a firearm, as defined in s. 790.001, other than

 4  a violation of subsection (3), or an offense during the

 5  commission of which the minor possessed a firearm, and the

 6  minor is not committed to a residential commitment program of

 7  the Department of Juvenile Justice, in addition to any other

 8  punishment provided by law, the court shall order:

 9         (a)  For a first offense, that the minor shall serve a

10  minimum period of detention of 15 days in a secure detention

11  facility; and

12         1.  Perform 100 hours of community service; and may

13         2.  Be placed on community control or in a

14  nonresidential commitment program.

15         (b)  For a second or subsequent offense, that the minor

16  shall serve a mandatory period of detention of at least 21

17  days in a secure detention facility; and

18         1.  Perform not less than 100 nor more than 250 hours

19  of community service; and may

20         2.  Be placed on community control or in a

21  nonresidential commitment program.

22  

23  The minor shall not receive credit for time served before

24  adjudication. For the purposes of this subsection, community

25  service shall be performed, if possible, in a manner involving

26  a hospital emergency room or other medical environment that

27  deals on a regular basis with trauma patients and gunshot

28  wounds.

29         Section 111.  Paragraph (c) of subsection (3) of

30  section 921.0022, Florida Statutes, is amended to read:

31  

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 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  Florida           Felony             Description

 5  Statute           Degree

 6                              (c)  LEVEL 3

 7  119.10(2)(b)       3rd      Unlawful use of confidential

 8                              information from police reports.

 9  316.066(3)(d)-(f)  3rd      Unlawfully obtaining or using

10                              confidential crash reports.

11  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

12  316.1935(2)        3rd      Fleeing or attempting to elude

13                              law enforcement officer in patrol

14                              vehicle with siren and lights

15                              activated.

16  319.30(4)          3rd      Possession by junkyard of motor

17                              vehicle with identification

18                              number plate removed.

19  319.33(1)(a)       3rd      Alter or forge any certificate of

20                              title to a motor vehicle or

21                              mobile home.

22  319.33(1)(c)       3rd      Procure or pass title on stolen

23                              vehicle.

24  319.33(4)          3rd      With intent to defraud, possess,

25                              sell, etc., a blank, forged, or

26                              unlawfully obtained title or

27                              registration.

28  327.35(2)(b)       3rd      Felony BUI.

29  

30  

31  

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 1  328.05(2)          3rd      Possess, sell, or counterfeit

 2                              fictitious, stolen, or fraudulent

 3                              titles or bills of sale of

 4                              vessels.

 5  328.07(4)          3rd      Manufacture, exchange, or possess

 6                              vessel with counterfeit or wrong

 7                              ID number.

 8  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 9                              destroying, causing to be

10                              destroyed, transferring, selling,

11                              offering to sell, molesting, or

12                              harassing marine turtles, marine

13                              turtle eggs, or marine turtle

14                              nests in violation of the Marine

15                              Turtle Protection Act.

16  370.12(1)(e)6.     3rd      Soliciting to commit or

17                              conspiring to commit a violation

18                              of the Marine Turtle Protection

19                              Act.

20  376.302(5)         3rd      Fraud related to reimbursement

21                              for cleanup expenses under the

22                              Inland Protection Trust Fund.

23  400.903(3)         3rd      Operating a clinic without a

24                              license or filing false license

25                              application or other required

26                              information.

27  440.105(3)(b)      3rd      Receipt of fee or consideration

28                              without approval by judge of

29                              compensation claims.

30  

31  

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 1  440.1051(3)        3rd      False report of workers'

 2                              compensation fraud or retaliation

 3                              for making such a report.

 4  501.001(2)(b)      2nd      Tampers with a consumer product

 5                              or the container using materially

 6                              false/misleading information.

 7  624.401(4)(a)      3rd      Transacting insurance without a

 8                              certificate of authority.

 9  624.401(4)(b)1.    3rd      Transacting insurance without a

10                              certificate of authority; premium

11                              collected less than $20,000.

12  626.902(1)(a) & (b)3rd      Representing an unauthorized

13                              insurer.

14  697.08             3rd      Equity skimming.

15  790.15(3)          3rd      Person directs another to

16                              discharge firearm from a vehicle.

17  796.05(1)          3rd      Live on earnings of a prostitute.

18  806.10(1)          3rd      Maliciously injure, destroy, or

19                              interfere with vehicles or

20                              equipment used in firefighting.

21  806.10(2)          3rd      Interferes with or assaults

22                              firefighter in performance of

23                              duty.

24  810.09(2)(c)       3rd      Trespass on property other than

25                              structure or conveyance armed

26                              with firearm or dangerous weapon.

27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

28                              less than $10,000.

29  812.0145(2)(c)     3rd      Theft from person 65 years of age

30                              or older; $300 or more but less

31                              than $10,000.

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 1  815.04(4)(b)       2nd      Computer offense devised to

 2                              defraud or obtain property.

 3  817.034(4)(a)3.    3rd      Engages in scheme to defraud

 4                              (Florida Communications Fraud

 5                              Act), property valued at less

 6                              than $20,000.

 7  817.233            3rd      Burning to defraud insurer.

 8  817.234(8)(b)-(c)  3rd      Unlawful solicitation of persons

 9                              involved in motor vehicle

10                              accidents.

11  817.234(11)(a)     3rd      Insurance fraud; property value

12                              less than $20,000.

13  817.236            3rd      Filing a false motor vehicle

14                              insurance application.

15  817.2361           3rd      Creating, marketing, or

16                              presenting a false or fraudulent

17                              motor vehicle insurance card.

18  817.413(2)         3rd      Sale of used goods as new.

19  817.505(4)         3rd      Patient brokering.

20  828.12(2)          3rd      Tortures any animal with intent

21                              to inflict intense pain, serious

22                              physical injury, or death.

23  831.28(2)(a)       3rd      Counterfeiting a payment

24                              instrument with intent to defraud

25                              or possessing a counterfeit

26                              payment instrument.

27  831.29             2nd      Possession of instruments for

28                              counterfeiting drivers' licenses

29                              or identification cards.

30  838.021(3)(b)      3rd      Threatens unlawful harm to public

31                              servant.

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 1  843.19             3rd      Injure, disable, or kill police

 2                              dog or horse.

 3  860.15(3)          3rd      Overcharging for repairs and

 4                              parts.

 5  870.01(2)          3rd      Riot; inciting or encouraging.

 6  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 7                              cannabis (or other s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs).

12  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

13                              893.03(1)(c), (2)(c)1., (2)(c)2.,

14                              (2)(c)3., (2)(c)5., (2)(c)6.,

15                              (2)(c)7., (2)(c)8., (2)(c)9.,

16                              (3), or (4) drugs within 1,000

17                              feet of university.

18  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs within 1,000

23                              feet of public housing facility.

24  893.13(6)(a)       3rd      Possession of any controlled

25                              substance other than felony

26                              possession of cannabis.

27  893.13(7)(a)8.     3rd      Withhold information from

28                              practitioner regarding previous

29                              receipt of or prescription for a

30                              controlled substance.

31  

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 1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

 2                              controlled substance by fraud,

 3                              forgery, misrepresentation, etc.

 4  893.13(7)(a)10.    3rd      Affix false or forged label to

 5                              package of controlled substance.

 6  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 7                              material information on any

 8                              document or record required by

 9                              chapter 893.

10  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

11                              person, or owner of an animal in

12                              obtaining a controlled substance

13                              through deceptive, untrue, or

14                              fraudulent representations in or

15                              related to the practitioner's

16                              practice.

17  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

18                              practitioner's practice to assist

19                              a patient, other person, or owner

20                              of an animal in obtaining a

21                              controlled substance.

22  893.13(8)(a)3.     3rd      Knowingly write a prescription

23                              for a controlled substance for a

24                              fictitious person.

25  893.13(8)(a)4.     3rd      Write a prescription for a

26                              controlled substance for a

27                              patient, other person, or an

28                              animal if the sole purpose of

29                              writing the prescription is a

30                              monetary benefit for the

31                              practitioner.

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 1  918.13(1)(a)       3rd      Alter, destroy, or conceal

 2                              investigation evidence.

 3  944.47(1)(a)1.-2.  3rd      Introduce contraband to

 4                              correctional facility.

 5  944.47(1)(c)       2nd      Possess contraband while upon the

 6                              grounds of a correctional

 7                              institution.

 8  985.721 985.3141   3rd      Escapes from a juvenile facility

 9                              (secure detention or residential

10                              commitment facility).

11         Section 112.  Subsection (1) of section 938.10, Florida

12  Statutes, is amended to read:

13         938.10  Additional court cost imposed in cases of

14  certain crimes against minors.--

15         (1)  If a person pleads guilty or nolo contendere to,

16  or is found guilty of, regardless of adjudication, any offense

17  against a minor in violation of s. 784.085, chapter 787,

18  chapter 794, s. 796.03, s. 800.04, chapter 827, s. 847.0145,

19  or s. 985.701 985.4045, the court shall impose a court cost of

20  $101 against the offender in addition to any other cost or

21  penalty required by law.

22         Section 113.  Subsection (9) of section 943.053,

23  Florida Statutes, is amended to read:

24         943.053  Dissemination of criminal justice information;

25  fees.--

26         (9)  Notwithstanding the provisions of s. 943.0525 and

27  any user agreements adopted pursuant thereto, and

28  notwithstanding the confidentiality of sealed records as

29  provided for in s. 943.059, the Department of Juvenile Justice

30  or any other state or local criminal justice agency may

31  provide copies of the Florida criminal history records for

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 1  juvenile offenders currently or formerly detained or housed in

 2  a contracted juvenile assessment center or detention facility

 3  or serviced in a contracted treatment program and for

 4  employees or other individuals who will have access to these

 5  facilities, only to the entity under direct contract with the

 6  Department of Juvenile Justice to operate these facilities or

 7  programs pursuant to the provisions of s. 985.688 985.411. The

 8  criminal justice agency providing such data may assess a

 9  charge for the Florida criminal history records pursuant to

10  the provisions of chapter 119. Sealed records received by the

11  private entity under this section remain confidential and

12  exempt from the provisions of s. 119.07(1). Information

13  provided under this section shall be used only for the

14  criminal justice purpose for which it was requested and may

15  not be further disseminated.

16         Section 114.  Subsection (1) of section 943.0582,

17  Florida Statutes, is amended to read:

18         943.0582  Prearrest, postarrest, or teen court

19  diversion program expunction.--

20         (1)  Notwithstanding any law dealing generally with the

21  preservation and destruction of public records, the department

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

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

24  who has successfully completed a prearrest or postarrest

25  diversion program for minors as authorized by s. 985.125

26  985.3065.

27         Section 115.  Paragraph (a) of subsection (4) of

28  section 943.0585, Florida Statutes, is amended to read:

29         943.0585  Court-ordered expunction of criminal history

30  records.--The courts of this state have jurisdiction over

31  their own procedures, including the maintenance, expunction,

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 1  and correction of judicial records containing criminal history

 2  information to the extent such procedures are not inconsistent

 3  with the conditions, responsibilities, and duties established

 4  by this section. Any court of competent jurisdiction may order

 5  a criminal justice agency to expunge the criminal history

 6  record of a minor or an adult who complies with the

 7  requirements of this section. The court shall not order a

 8  criminal justice agency to expunge a criminal history record

 9  until the person seeking to expunge a criminal history record

10  has applied for and received a certificate of eligibility for

11  expunction pursuant to subsection (2). A criminal history

12  record that relates to a violation of s. 393.135, s. 394.4593,

13  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

14  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

15  s. 847.0145, s. 893.135, s. 916.1075, or a violation

16  enumerated in s. 907.041 may not be expunged, without regard

17  to whether adjudication was withheld, if the defendant was

18  found guilty of or pled guilty or nolo contendere to the

19  offense, or if the defendant, as a minor, was found to have

20  committed, or pled guilty or nolo contendere to committing,

21  the offense as a delinquent act. The court may only order

22  expunction of a criminal history record pertaining to one

23  arrest or one incident of alleged criminal activity, except as

24  provided in this section. The court may, at its sole

25  discretion, order the expunction of a criminal history record

26  pertaining to more than one arrest if the additional arrests

27  directly relate to the original arrest. If the court intends

28  to order the expunction of records pertaining to such

29  additional arrests, such intent must be specified in the

30  order. A criminal justice agency may not expunge any record

31  pertaining to such additional arrests if the order to expunge

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 1  does not articulate the intention of the court to expunge a

 2  record pertaining to more than one arrest. This section does

 3  not prevent the court from ordering the expunction of only a

 4  portion of a criminal history record pertaining to one arrest

 5  or one incident of alleged criminal activity. Notwithstanding

 6  any law to the contrary, a criminal justice agency may comply

 7  with laws, court orders, and official requests of other

 8  jurisdictions relating to expunction, correction, or

 9  confidential handling of criminal history records or

10  information derived therefrom. This section does not confer

11  any right to the expunction of any criminal history record,

12  and any request for expunction of a criminal history record

13  may be denied at the sole discretion of the court.

14         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

15  criminal history record of a minor or an adult which is

16  ordered expunged by a court of competent jurisdiction pursuant

17  to this section must be physically destroyed or obliterated by

18  any criminal justice agency having custody of such record;

19  except that any criminal history record in the custody of the

20  department must be retained in all cases. A criminal history

21  record ordered expunged that is retained by the department is

22  confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution and not

24  available to any person or entity except upon order of a court

25  of competent jurisdiction. A criminal justice agency may

26  retain a notation indicating compliance with an order to

27  expunge.

28         (a)  The person who is the subject of a criminal

29  history record that is expunged under this section or under

30  other provisions of law, including former s. 893.14, former s.

31  901.33, and former s. 943.058, may lawfully deny or fail to

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 1  acknowledge the arrests covered by the expunged record, except

 2  when the subject of the record:

 3         1.  Is a candidate for employment with a criminal

 4  justice agency;

 5         2.  Is a defendant in a criminal prosecution;

 6         3.  Concurrently or subsequently petitions for relief

 7  under this section or s. 943.059;

 8         4.  Is a candidate for admission to The Florida Bar;

 9         5.  Is seeking to be employed or licensed by or to

10  contract with the Department of Children and Family Services

11  or the Department of Juvenile Justice or to be employed or

12  used by such contractor or licensee in a sensitive position

13  having direct contact with children, the developmentally

14  disabled, the aged, or the elderly as provided in s.

15  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

16  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

17  916.106(10) and (13), s. 985.644 985.407, or chapter 400; or

18         6.  Is seeking to be employed or licensed by the

19  Department of Education, any district school board, any

20  university laboratory school, any charter school, any private

21  or parochial school, or any local governmental entity that

22  licenses child care facilities.

23         Section 116.  Paragraph (a) of subsection (4) of

24  section 943.059, Florida Statutes, is amended to read:

25         943.059  Court-ordered sealing of criminal history

26  records.--The courts of this state shall continue to have

27  jurisdiction over their own procedures, including the

28  maintenance, sealing, and correction of judicial records

29  containing criminal history information to the extent such

30  procedures are not inconsistent with the conditions,

31  responsibilities, and duties established by this section. Any

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 1  court of competent jurisdiction may order a criminal justice

 2  agency to seal the criminal history record of a minor or an

 3  adult who complies with the requirements of this section. The

 4  court shall not order a criminal justice agency to seal a

 5  criminal history record until the person seeking to seal a

 6  criminal history record has applied for and received a

 7  certificate of eligibility for sealing pursuant to subsection

 8  (2). A criminal history record that relates to a violation of

 9  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

10  s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839,

11  s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

12  916.1075, or a violation enumerated in s. 907.041 may not be

13  sealed, without regard to whether adjudication was withheld,

14  if the defendant was found guilty of or pled guilty or nolo

15  contendere to the offense, or if the defendant, as a minor,

16  was found to have committed or pled guilty or nolo contendere

17  to committing the offense as a delinquent act. The court may

18  only order sealing of a criminal history record pertaining to

19  one arrest or one incident of alleged criminal activity,

20  except as provided in this section. The court may, at its sole

21  discretion, order the sealing of a criminal history record

22  pertaining to more than one arrest if the additional arrests

23  directly relate to the original arrest. If the court intends

24  to order the sealing of records pertaining to such additional

25  arrests, such intent must be specified in the order. A

26  criminal justice agency may not seal any record pertaining to

27  such additional arrests if the order to seal does not

28  articulate the intention of the court to seal records

29  pertaining to more than one arrest. This section does not

30  prevent the court from ordering the sealing of only a portion

31  of a criminal history record pertaining to one arrest or one

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 1  incident of alleged criminal activity. Notwithstanding any law

 2  to the contrary, a criminal justice agency may comply with

 3  laws, court orders, and official requests of other

 4  jurisdictions relating to sealing, correction, or confidential

 5  handling of criminal history records or information derived

 6  therefrom. This section does not confer any right to the

 7  sealing of any criminal history record, and any request for

 8  sealing a criminal history record may be denied at the sole

 9  discretion of the court.

10         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

11  criminal history record of a minor or an adult which is

12  ordered sealed by a court of competent jurisdiction pursuant

13  to this section is confidential and exempt from the provisions

14  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

15  and is available only to the person who is the subject of the

16  record, to the subject's attorney, to criminal justice

17  agencies for their respective criminal justice purposes, or to

18  those entities set forth in subparagraphs (a)1., 4., 5., and

19  6. for their respective licensing and employment purposes.

20         (a)  The subject of a criminal history record sealed

21  under this section or under other provisions of law, including

22  former s. 893.14, former s. 901.33, and former s. 943.058, may

23  lawfully deny or fail to acknowledge the arrests covered by

24  the sealed record, except when the subject of the record:

25         1.  Is a candidate for employment with a criminal

26  justice agency;

27         2.  Is a defendant in a criminal prosecution;

28         3.  Concurrently or subsequently petitions for relief

29  under this section or s. 943.0585;

30         4.  Is a candidate for admission to The Florida Bar;

31  

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 1         5.  Is seeking to be employed or licensed by or to

 2  contract with the Department of Children and Family Services

 3  or the Department of Juvenile Justice or to be employed or

 4  used by such contractor or licensee in a sensitive position

 5  having direct contact with children, the developmentally

 6  disabled, the aged, or the elderly as provided in s.

 7  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

 8  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 9  415.103, s. 916.106(10) and (13), s. 985.644 985.407, or

10  chapter 400; or

11         6.  Is seeking to be employed or licensed by the

12  Department of Education, any district school board, any

13  university laboratory school, any charter school, any private

14  or parochial school, or any local governmental entity that

15  licenses child care facilities.

16         Section 117.  Subsection (2) of section 948.51, Florida

17  Statutes, is amended to read:

18         948.51  Community corrections assistance to counties or

19  county consortiums.--

20         (2)  ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

21  county, or a consortium of two or more counties, may contract

22  with the Department of Corrections for community corrections

23  funds as provided in this section. In order to enter into a

24  community corrections partnership contract, a county or county

25  consortium must have a public safety coordinating council

26  established under s. 951.26 and must designate a county

27  officer or agency to be responsible for administering

28  community corrections funds received from the state. The

29  public safety coordinating council shall prepare, develop, and

30  implement a comprehensive public safety plan for the county,

31  or the geographic area represented by the county consortium,

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 1  and shall submit an annual report to the Department of

 2  Corrections concerning the status of the program. In preparing

 3  the comprehensive public safety plan, the public safety

 4  coordinating council shall cooperate with the juvenile justice

 5  circuit board and the juvenile justice county council,

 6  established under s. 985.664 985.4135, in order to include

 7  programs and services for juveniles in the plan. To be

 8  eligible for community corrections funds under the contract,

 9  the initial public safety plan must be approved by the

10  governing board of the county, or the governing board of each

11  county within the consortium, and the Secretary of Corrections

12  based on the requirements of this section. If one or more

13  other counties develop a unified public safety plan, the

14  public safety coordinating council shall submit a single

15  application to the department for funding. Continued contract

16  funding shall be pursuant to subsection (5). The plan for a

17  county or county consortium must cover at least a 5-year

18  period and must include:

19         (a)  A description of programs offered for the job

20  placement and treatment of offenders in the community.

21         (b)  A specification of community-based intermediate

22  sentencing options to be offered and the types and number of

23  offenders to be included in each program.

24         (c)  Specific goals and objectives for reducing the

25  projected percentage of commitments to the state prison system

26  of persons with low total sentencing scores pursuant to the

27  Criminal Punishment Code.

28         (d)  Specific evidence of the population status of all

29  programs which are part of the plan, which evidence

30  establishes that such programs do not include offenders who

31  

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 1  otherwise would have been on a less intensive form of

 2  community supervision.

 3         (e)  The assessment of population status by the public

 4  safety coordinating council of all correctional facilities

 5  owned or contracted for by the county or by each county within

 6  the consortium.

 7         (f)  The assessment of bed space that is available for

 8  substance abuse intervention and treatment programs and the

 9  assessment of offenders in need of treatment who are committed

10  to each correctional facility owned or contracted for by the

11  county or by each county within the consortium.

12         (g)  A description of program costs and sources of

13  funds for each community corrections program, including

14  community corrections funds, loans, state assistance, and

15  other financial assistance.

16         Section 118.  Section 958.046, Florida Statutes, is

17  amended to read:

18         958.046  Placement in county-operated boot camp

19  programs for youthful offenders.--In counties where there are

20  county-operated youthful offender boot camp programs, other

21  than boot camps described in s. 958.04 or s. 985.489 985.309,

22  the court may sentence a youthful offender to such a boot

23  camp. In county-operated youthful offender boot camp programs,

24  juvenile offenders shall not be commingled with youthful

25  offenders.

26         Section 119.  Paragraphs (b) and (j) of subsection (1)

27  of section 960.001, Florida Statutes, are amended to read:

28         960.001  Guidelines for fair treatment of victims and

29  witnesses in the criminal justice and juvenile justice

30  systems.--

31  

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

 2  attorneys, the Department of Corrections, the Department of

 3  Juvenile Justice, the Parole Commission, the State Courts

 4  Administrator and circuit court administrators, the Department

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

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

 7  943.10(4) shall develop and implement guidelines for the use

 8  of their respective agencies, which guidelines are consistent

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

10  State Constitution and are designed to implement the

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

12  to achieve the following objectives:

13         (b)  Information for purposes of notifying victim or

14  appropriate next of kin of victim or other designated contact

15  of victim.--In the case of a homicide, pursuant to chapter

16  782; or a sexual offense, pursuant to chapter 794; or an

17  attempted murder or sexual offense, pursuant to chapter 777;

18  or stalking, pursuant to s. 784.048; or domestic violence,

19  pursuant to s. 25.385:

20         1.  The arresting law enforcement officer or personnel

21  of an organization that provides assistance to a victim or to

22  the appropriate next of kin of the victim or other designated

23  contact must request that the victim or appropriate next of

24  kin of the victim or other designated contact complete a

25  victim notification card. However, the victim or appropriate

26  next of kin of the victim or other designated contact may

27  choose not to complete the victim notification card.

28         2.  Unless the victim or the appropriate next of kin of

29  the victim or other designated contact waives the option to

30  complete the victim notification card, a copy of the victim

31  notification card must be filed with the incident report or

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 1  warrant in the sheriff's office of the jurisdiction in which

 2  the incident report or warrant originated. The notification

 3  card shall, at a minimum, consist of:

 4         a.  The name, address, and phone number of the victim;

 5  or

 6         b.  The name, address, and phone number of the

 7  appropriate next of kin of the victim; or

 8         c.  The name, address, and phone number of a designated

 9  contact other than the victim or appropriate next of kin of

10  the victim; and

11         d.  Any relevant identification or case numbers

12  assigned to the case.

13         3.  The chief administrator, or a person designated by

14  the chief administrator, of a county jail, municipal jail,

15  juvenile detention facility, or residential commitment

16  facility shall make a reasonable attempt to notify the alleged

17  victim or appropriate next of kin of the alleged victim or

18  other designated contact within 4 hours following the release

19  of the defendant on bail or, in the case of a juvenile

20  offender, upon the release from residential detention or

21  commitment. If the chief administrator, or designee, is unable

22  to contact the alleged victim or appropriate next of kin of

23  the alleged victim or other designated contact by telephone,

24  the chief administrator, or designee, must send to the alleged

25  victim or appropriate next of kin of the alleged victim or

26  other designated contact a written notification of the

27  defendant's release.

28         4.  Unless otherwise requested by the victim or the

29  appropriate next of kin of the victim or other designated

30  contact, the information contained on the victim notification

31  card must be sent by the chief administrator, or designee, of

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 1  the appropriate facility to the subsequent correctional or

 2  residential commitment facility following the sentencing and

 3  incarceration of the defendant, and unless otherwise requested

 4  by the victim or the appropriate next of kin of the victim or

 5  other designated contact, he or she must be notified of the

 6  release of the defendant from incarceration as provided by

 7  law.

 8         5.  If the defendant was arrested pursuant to a warrant

 9  issued or taken into custody pursuant to s. 985.101 985.207 in

10  a jurisdiction other than the jurisdiction in which the

11  defendant is being released, and the alleged victim or

12  appropriate next of kin of the alleged victim or other

13  designated contact does not waive the option for notification

14  of release, the chief correctional officer or chief

15  administrator of the facility releasing the defendant shall

16  make a reasonable attempt to immediately notify the chief

17  correctional officer of the jurisdiction in which the warrant

18  was issued or the juvenile was taken into custody pursuant to

19  s. 985.101 985.207, and the chief correctional officer of that

20  jurisdiction shall make a reasonable attempt to notify the

21  alleged victim or appropriate next of kin of the alleged

22  victim or other designated contact, as provided in this

23  paragraph, that the defendant has been or will be released.

24         (j)  Notification of right to request restitution.--Law

25  enforcement agencies and the state attorney shall inform the

26  victim of the victim's right to request and receive

27  restitution pursuant to s. 775.089 or s. 985.437

28  985.231(1)(a)1., and of the victim's rights of enforcement

29  under ss. 775.089(6) and 985.0301 985.201 in the event an

30  offender does not comply with a restitution order. The state

31  attorney shall seek the assistance of the victim in the

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 1  documentation of the victim's losses for the purpose of

 2  requesting and receiving restitution. In addition, the state

 3  attorney shall inform the victim if and when restitution is

 4  ordered. If an order of restitution is converted to a civil

 5  lien or civil judgment against the defendant, the clerks shall

 6  make available at their office, as well as on their website,

 7  information provided by the Secretary of State, the court, or

 8  The Florida Bar on enforcing the civil lien or judgment.

 9         Section 120.  Subsection (48) of section 984.03,

10  Florida Statutes, is amended to read:

11         984.03  Definitions.--When used in this chapter, the

12  term:

13         (48)  "Serious or habitual juvenile offender program"

14  means the program established in s. 985.47 985.31.

15         Section 121.  Section 984.05, Florida Statutes, is

16  amended to read:

17         984.05  Rules relating to habitual truants; adoption by

18  State Board of Education and Department of Juvenile

19  Justice.--The Department of Juvenile Justice and the State

20  Board of Education shall work together on the development of,

21  and shall adopt, rules as necessary for the implementation of

22  ss. 984.03(27), 985.03(24)(25), and 1003.27.

23         Section 122.  Paragraph (b) of subsection (4) of

24  section 984.09, Florida Statutes, is amended to read:

25         984.09  Punishment for contempt of court; alternative

26  sanctions.--

27         (4)  CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

28  PROCESS.--

29         (b)  If a child is charged with indirect contempt of

30  court, the court must hold a hearing within 24 hours to

31  determine whether the child committed indirect contempt of a

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 1  valid court order. At the hearing, the following due process

 2  rights must be provided to the child:

 3         1.  Right to a copy of the order to show cause alleging

 4  facts supporting the contempt charge.

 5         2.  Right to an explanation of the nature and the

 6  consequences of the proceedings.

 7         3.  Right to legal counsel and the right to have legal

 8  counsel appointed by the court if the juvenile is indigent,

 9  pursuant to s. 985.033 985.203.

10         4.  Right to confront witnesses.

11         5.  Right to present witnesses.

12         6.  Right to have a transcript or record of the

13  proceeding.

14         7.  Right to appeal to an appropriate court.

15  

16  The child's parent or guardian may address the court regarding

17  the due process rights of the child. The court shall review

18  the placement of the child every 72 hours to determine whether

19  it is appropriate for the child to remain in the facility.

20         Section 123.  Subsections (2) and (6) of section

21  984.226, Florida Statutes, are amended to read:

22         984.226  Physically secure setting.--

23         (2)  When a petition is filed alleging that a child is

24  a child in need of services, the child must be represented by

25  counsel at each court appearance unless the record in that

26  proceeding affirmatively demonstrates by clear and convincing

27  evidence that the child knowingly and intelligently waived the

28  right to counsel after being fully advised by the court of the

29  nature of the proceedings and the dispositional alternatives

30  available to the court under this section. If the court

31  decides to appoint counsel for the child and if the child is

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 1  indigent, the court shall appoint an attorney to represent the

 2  child as provided under s. 985.033 985.203. Nothing precludes

 3  the court from requesting reimbursement of attorney's fees and

 4  costs from the nonindigent parent or legal guardian.

 5         (6)  Prior to being ordered to a physically secure

 6  setting, the child must be afforded all rights of due process

 7  required under s. 985.037 985.216. While in the physically

 8  secure setting, the child shall receive appropriate

 9  assessment, treatment, and educational services that are

10  designed to eliminate or reduce the child's truant,

11  ungovernable, or runaway behavior. The child and family shall

12  be provided with family counseling and other support services

13  necessary for reunification.

14         Section 124.  Subsection (22) of section 1003.52,

15  Florida Statutes, is amended to read:

16         1003.52  Educational services in Department of Juvenile

17  Justice programs.--

18         (22)  The Department of Juvenile Justice and the

19  Department of Education, in consultation with Workforce

20  Florida, Inc., the statewide Workforce Development Youth

21  Council, district school boards, community colleges,

22  providers, and others, shall jointly develop a multiagency

23  plan for career education which describes the funding,

24  curriculum, transfer of credits, goals, and outcome measures

25  for career education programming in juvenile commitment

26  facilities, pursuant to s. 985.622 985.3155. The plan must be

27  reviewed annually.

28         Section 125.  Subsection (2) of section 1006.08,

29  Florida Statutes, is amended to read:

30         1006.08  District school superintendent duties relating

31  to student discipline and school safety.--

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 1         (2)  Notwithstanding the provisions of s. 985.04(7)(4)

 2  or any other provision of law to the contrary, the court

 3  shall, within 48 hours of the finding, notify the appropriate

 4  district school superintendent of the name and address of any

 5  student found to have committed a delinquent act, or who has

 6  had adjudication of a delinquent act withheld which, if

 7  committed by an adult, would be a felony, or the name and

 8  address of any student found guilty of a felony. Notification

 9  shall include the specific delinquent act found to have been

10  committed or for which adjudication was withheld, or the

11  specific felony for which the student was found guilty.

12         Section 126.  Paragraph (a) of subsection (5) of

13  section 1006.13, Florida Statutes, is amended to read:

14         1006.13  Policy of zero tolerance for crime and

15  victimization.--

16         (5)(a)  Notwithstanding any provision of law

17  prohibiting the disclosure of the identity of a minor,

18  whenever any student who is attending public school is

19  adjudicated guilty of or delinquent for, or is found to have

20  committed, regardless of whether adjudication is withheld, or

21  pleads guilty or nolo contendere to, a felony violation of:

22         1.  Chapter 782, relating to homicide;

23         2.  Chapter 784, relating to assault, battery, and

24  culpable negligence;

25         3.  Chapter 787, relating to kidnapping, false

26  imprisonment, luring or enticing a child, and custody

27  offenses;

28         4.  Chapter 794, relating to sexual battery;

29         5.  Chapter 800, relating to lewdness and indecent

30  exposure;

31         6.  Chapter 827, relating to abuse of children;

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 1         7.  Section 812.13, relating to robbery;

 2         8.  Section 812.131, relating to robbery by sudden

 3  snatching;

 4         9.  Section 812.133, relating to carjacking; or

 5         10.  Section 812.135, relating to home-invasion

 6  robbery,

 7  

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

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

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

11  offense, the Department of Juvenile Justice shall notify the

12  appropriate district school board of the adjudication or plea,

13  the requirements of this paragraph, and whether the offender

14  is prohibited from attending that school or riding on a school

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

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

17  except as provided pursuant to a written disposition order

18  under s. 985.455(2) 985.23(1)(d). Upon receipt of such notice,

19  the district school board shall take appropriate action to

20  effectuate the provisions of paragraph (b).

21         Section 127.  Subsection (1) of section 1012.797,

22  Florida Statutes, is amended to read:

23         1012.797  Notification of district school

24  superintendent of certain charges against or convictions of

25  employees.--

26         (1)  Notwithstanding the provisions of s. 985.04(7)(4)

27  or any other provision of law to the contrary, a law

28  enforcement agency shall, within 48 hours, notify the

29  appropriate district school superintendent of the name and

30  address of any employee of the school district who is charged

31  with a felony or with a misdemeanor involving the abuse of a

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 1  minor child or the sale or possession of a controlled

 2  substance. The notification shall include the specific charge

 3  for which the employee of the school district was arrested.

 4  Such notification shall include other education providers such

 5  as the Florida School for the Deaf and the Blind, university

 6  lab schools, and private elementary and secondary schools.

 7         Section 128.  This act shall take effect January 1,

 8  2006.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 2656

12                                 

13  Provides numerous cross references and renumbers many sections
    and subsections.
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