| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to youth custody officers; amending s. |
| 7 | 985.2075, F.S.; providing that youth custody officers may |
| 8 | file criminal charges and gather evidence under specified |
| 9 | circumstances; providing that youth custody officers have |
| 10 | the authority and powers of law enforcement officers, |
| 11 | subject to specified exceptions, while in the performance |
| 12 | of their duties; requiring youth custody officers to be |
| 13 | certified as law enforcement officers; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 985.2075, Florida Statutes, is amended |
| 19 | 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 into |
| 24 | custody if the officer has probable cause to believe that the |
| 25 | youth has violated the conditions of probation, home detention, |
| 26 | conditional release, or postcommitment probation, or has failed |
| 27 | to appear in court after being properly noticed. The authority |
| 28 | of the youth custody officer to take youth into custody is |
| 29 | specifically limited to these purposes this purpose. |
| 30 | (2) While in the performance of his or her duties, a youth |
| 31 | custody officer: |
| 32 | (a) May file criminal charges and gather evidence for |
| 33 | prosecution where the officer has probable cause to believe that |
| 34 | a youth, who he or she has taken into custody pursuant to |
| 35 | subsection (1), has committed violations of criminal law. |
| 36 | (b) Has statewide jurisdiction. |
| 37 | (c) Has the same authority and powers granted to law |
| 38 | enforcement officers by law, including the authority to make |
| 39 | arrests under chapter 901, carry firearms, serve court process, |
| 40 | and seize contraband and the proceeds of illegal activities, |
| 41 | except that a youth custody officer may not exercise any power |
| 42 | or duty authorized in chapter 316 or in s. 901.15(5). |
| 43 | (3)(2) A youth custody officer must meet the minimum |
| 44 | qualifications for employment or appointment, be certified as a |
| 45 | law enforcement officer under chapter 943, and comply with the |
| 46 | requirements for continued employment required by s. 943.135. |
| 47 | The department of Juvenile Justice must comply with the |
| 48 | responsibilities provided for an employing agency under s. |
| 49 | 943.133 for each youth custody officer. |
| 50 | (4)(3) A youth custody officer shall inform appropriate |
| 51 | local law enforcement agencies of his or her activities under |
| 52 | this section. |
| 53 | Section 2. This act shall take effect July 1, 2006. |