Senate Bill sb1398c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1398
By the Committee on Criminal Justice; and Senators Smith and
Crist
591-2071-06
1 A bill to be entitled
2 An act relating to youth custody officers;
3 amending s. 985.2075, F.S.; authorizing a youth
4 custody officer to take a youth into custody if
5 the officer has probable cause to believe that
6 the youth has escaped from a facility operated
7 by or under contract with the Department of
8 Juvenile Justice or has absconded from the
9 supervision of the department; authorizing the
10 youth custody officer to file certain criminal
11 charges and gather evidence for court; revising
12 a provision concerning an officer informing
13 local law enforcement agencies of his or her
14 activities; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 985.2075, Florida Statutes, is
19 amended to read:
20 985.2075 Youth custody officer.--
21 (1) There is created within the Department of Juvenile
22 Justice the position of youth custody officer. The primary
23 duties of each youth custody officer shall be to take youth
24 into custody if the officer has probable cause to believe that
25 the youth has violated the conditions of probation, home
26 detention, conditional release, or postcommitment probation;
27 has escaped from a facility operated by or under contract with
28 the department; has absconded from the supervision of the
29 department;, or has failed to appear in court after being
30 properly noticed. The authority of the youth custody officer
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1398
591-2071-06
1 to take youth into custody is specifically limited to this
2 purpose.
3 (2) A youth custody officer who, while in the
4 performance of his or her duties, takes a youth into custody
5 for any reason specified in subsection (1) and has probable
6 cause to believe that the youth has committed violations of
7 criminal law, may file the appropriate criminal charges and
8 gather evidence for prosecution. Each youth custody officer is
9 subject to and shall have the same arrest and other authority
10 provided for law enforcement officers generally in chapter
11 901, and shall have statewide jurisdiction. Such officers have
12 full law enforcement powers granted to other peace officers of
13 this state, including the authority to make arrests, carry
14 firearms, serve court process, and seize contraband and the
15 proceeds of illegal activities, except that a youth custody
16 officer may not exercise any power or duty authorized in
17 chapter 316 or in s. 901.15(5).
18 (3)(2) A youth custody officer must meet the minimum
19 qualifications for employment or appointment, be certified as
20 a law enforcement officer under chapter 943, and comply with
21 the requirements for continued employment required by s.
22 943.135. The Department of Juvenile Justice must comply with
23 the responsibilities provided for an employing agency under s.
24 943.133 for each youth custody officer.
25 (4)(3) A youth custody officer shall inform
26 appropriate local law enforcement agencies of his or her
27 activities under this section.
28 Section 2. This act shall take effect July 1, 2006.
29
30
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1398
591-2071-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1398
3
4 Provides that a youth custody officer would be given full law
enforcement powers granted to other peace officers in Florida,
5 including the authority to make arrests, carry firearms, serve
court process, and seize contraband and the proceeds of
6 illegal activities.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.