HB 1457CS

CHAMBER ACTION




1The Juvenile Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to youth custody officers; amending s.
7985.2075, F.S.; providing that youth custody officers may
8file criminal charges and gather evidence under specified
9circumstances; providing that youth custody officers have
10the authority and powers of law enforcement officers,
11subject to specified exceptions, while in the performance
12of their duties; requiring youth custody officers to be
13certified as law enforcement officers; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 985.2075, Florida Statutes, is amended
19to read:
20     985.2075  Youth custody officer.--
21     (1)  There is created within the department of Juvenile
22Justice the position of youth custody officer. The primary
23duties of each youth custody officer shall be to take youth into
24custody if the officer has probable cause to believe that the
25youth has violated the conditions of probation, home detention,
26conditional release, or postcommitment probation, or has failed
27to appear in court after being properly noticed. The authority
28of the youth custody officer to take youth into custody is
29specifically limited to these purposes this purpose.
30     (2)  While in the performance of his or her duties, a youth
31custody officer:
32     (a)  May file criminal charges and gather evidence for
33prosecution where the officer has probable cause to believe that
34a youth, who he or she has taken into custody pursuant to
35subsection (1), has committed violations of criminal law.
36     (b)  Has statewide jurisdiction.
37     (c)  Has the same authority and powers granted to law
38enforcement officers by law, including the authority to make
39arrests under chapter 901, carry firearms, serve court process,
40and seize contraband and the proceeds of illegal activities,
41except that a youth custody officer may not exercise any power
42or duty authorized in chapter 316 or in s. 901.15(5).
43     (3)(2)  A youth custody officer must meet the minimum
44qualifications for employment or appointment, be certified as a
45law enforcement officer under chapter 943, and comply with the
46requirements for continued employment required by s. 943.135.
47The department of Juvenile Justice must comply with the
48responsibilities provided for an employing agency under s.
49943.133 for each youth custody officer.
50     (4)(3)  A youth custody officer shall inform appropriate
51local law enforcement agencies of his or her activities under
52this section.
53     Section 2.  This act shall take effect July 1, 2006.


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