Amendment
Bill No. 0335

Amendment No. 137313

CHAMBER ACTION
Senate		House
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1	Representative Culp offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 312-1272 and insert:
5
6	than $5 $3 million, based on the property valuations and tax
7	data annually published by the Department of Revenue under s.
8	195.052.
9	Section 5.  Subsection (5) of section 985.228, Florida
10	Statutes, is amended to read:
11	985.228  Adjudicatory hearings; withheld adjudications;
12	orders of adjudication.--
13	(5)(a)  If the court finds that the child named in a
14	petition has committed a delinquent act or violation of law, but
15	elects not to proceed under subsection (4), it shall incorporate
16	that finding in an order of adjudication of delinquency entered
17	in the case, briefly stating the facts upon which the finding is
18	made, and the court shall thereafter have full authority under
19	this chapter to deal with the child as adjudicated.
20	(b)  The order of adjudication of delinquency under
21	paragraph (a) shall also include conditions that must be
22	followed by the child until a disposition order is entered in
23	his or her case. These conditions must include, but are not
24	limited to, specifying that the child, during any period of time
25	that he or she:
26	1.  Is not in secure detention, must comply with a curfew;
27	must attend school or another educational program, if eligible;
28	and is prohibited from engaging in ungovernable behavior.
29	2.  Is in secure detention, is prohibited from engaging in
30	ungovernable behavior.
31	(c)  For purposes of this subsection, the term
32	"ungovernable behavior" means:
33	1.  The child's failing to obey the reasonable and lawful
34	demands of the child's parent or legal guardian and, where
35	applicable, the reasonable and lawful demands of a person
36	responsible for supervising the child while he or she is in
37	school, another educational program, or secure detention.
38	2.  The child engaging in behavior that evidences a risk
39	that the child may fail to appear for future court proceedings
40	or may inflict harm upon others or the property of others.
41	3.  Other behavior of the child as specified in writing by
42	the court in the order of adjudication of delinquency.
43	(d)  If a child willfully violates a condition contained in
44	his or her order of adjudication of delinquency, the court may
45	find the child in direct or indirect contempt of court under s.
46	985.216; however, notwithstanding s. 985.216 and the results of
47	the risk assessment instrument, the child's sanctions for such
48	contempt of court shall be placement in secure detention or, at
49	the discretion of the court and if available, on home detention
50	with electronic monitoring until the child's disposition order
51	is entered in his or her case.
52	Section 6.  Paragraph (j) of subsection (1) of section
53	985.231, Florida Statutes, is amended to read:
54	985.231  Powers of disposition in delinquency cases.--
55	(1)
56	(j)  If the offense committed by the child was grand theft
57	of a motor vehicle, the court:
58	1.  Upon a first adjudication for a grand theft of a motor
59	vehicle, may place the child youth in a sheriff's training and
60	respect program boot camp, unless the child is ineligible under
61	s. 985.3091 pursuant to s. 985.309, and shall order the child
62	youth to complete a minimum of 50 hours of community service.
63	2.  Upon a second adjudication for grand theft of a motor
64	vehicle which is separate and unrelated to the previous
65	adjudication, may place the child youth in a sheriff's training
66	and respect program boot camp, unless the child is ineligible
67	under s. 985.3091 pursuant to s. 985.309, and shall order the
68	child youth to complete a minimum of 100 hours of community
69	service.
70	3.  Upon a third adjudication for grand theft of a motor
71	vehicle which is separate and unrelated to the previous
72	adjudications, shall place the child youth in a sheriff's
73	training and respect program boot camp or other treatment
74	program, unless the child is ineligible under s. 985.3091
75	pursuant to s. 985.309, and shall order the child youth to
76	complete a minimum of 250 hours of community service.
77	Section 7.  Section 985.309, Florida Statutes, is repealed.
78	Section 8.  Section 985.3091, Florida Statutes, is created
79	to read:
80	985.3091  Sheriff's training and respect programs.--
81	(1)  Contingent upon specific appropriation, local funding,
82	or specific appropriation and local funding, a county sheriff
83	may, under contract with the department, implement and operate a
84	sheriff's training and respect program to provide intensive
85	education, physical training, and rehabilitation for children
86	who are eligible under subsection (2). A sheriff's training and
87	respect program shall be under the sheriff's supervisory
88	authority as determined by the contract between the department
89	and the sheriff.
90	(2)  A child is eligible for placement in a sheriff's
91	training and respect program if he or she:
92	(a)  Is at least 14 years of age but less than 18 years of
93	age at the time of adjudication.
94	(b)  Has been committed to the department for any offense
95	that, if committed by an adult, would be a felony other than a
96	capital felony, a life felony, or a violent felony of the first
97	degree.
98	(c)  Has a medical, psychological, and substance abuse
99	profile that is conducive to successful completion of the
100	program, as determined by the sheriff's and department's review
101	of preadmission medical, psychological, and substance abuse
102	screenings conducted by the department.
103	(d)  Will be placed in the judicial circuit in which the
104	child was adjudicated, except that the child may be placed
105	outside of that judicial circuit if:
106	1.  The department, or the court if otherwise authorized by
107	law to select a commitment program within a restrictiveness
108	level for a child, determines that placement within the judicial
109	circuit would not be in the child's best interest or the
110	sheriff's training and respect program is unable to accept the
111	child; and
112	2.  The child's parent or guardian agrees in writing to the
113	placement.
114	(3)  A sheriff's training and respect program shall require
115	children to:
116	(a)  Participate in physical training exercises.
117	(b)  Complete educational, vocational, community service,
118	and substance abuse programs.
119	(c)  Receive training in life and job skills and in
120	techniques for appropriate decisionmaking.
121	(d)  Receive counseling that is directed at replacing
122	criminal thinking, beliefs, and values with moral thinking,
123	beliefs, and values.
124	(4)  A sheriff's training and respect program shall be a
125	moderate-risk residential program and must provide conditional
126	release assessment and services in accordance with s. 985.316.
127	The minimum period of participation in the residential component
128	of a sheriff's training and respect program is 4 months;
129	however, this subsection does not prohibit operation of a
130	program that requires the participants to spend more than 4
131	months in the residential component of the program or that
132	requires the participants to complete two sequential programs of
133	4 months each in the residential component of the program.
134	(5)  Staff in a sheriff's training and respect program who
135	exercise direct care, as defined in s. 985.4055, shall comply
136	with the protective action response policy established in
137	department rules adopted under s. 985.4055(2)(a).
138	(6)  The department shall adopt rules under ss. 120.536(1)
139	and 120.54 for the sheriff's training and respect program that
140	specify:
141	(a)  Requirements for the preadmission medical,
142	psychological, and substance abuse screenings required by
143	subsection (2).
144	(b)  Authorized disciplinary sanctions and restrictions on
145	the privileges of the general population of children in the
146	program.
147	(c)  Prohibitions on the use of psychological intimidation
148	techniques. For purposes of this section, the term
149	"psychological intimidation techniques":
150	1.  Includes the following actions when intentionally used
151	as a therapeutic or training technique or as a means to
152	encourage compliance with program requirements:
153	a.  The threat of physical force or violence.
154	b.  An intentional attempt to humiliate or embarrass a
155	child.
156	c.  An intentional attempt to diminish a child's self-
157	confidence or otherwise psychologically break a child's will.
158	d.  Any action that would be considered child abuse or
159	neglect under chapter 39 or chapter 827.
160	2.  Does not include the following actions:
161	a.  Direct and forceful communication to a child of program
162	requirements or legitimate performance expectations prior to or
163	during participation in program activities, including positive,
164	active encouragement of children engaged in physical training
165	exercises.
166	b.  Communication necessary to inform a child of
167	noncompliance with program requirements or appropriate actions
168	to remediate such noncompliance.
169	c.  Communication necessary to inform a child of poor
170	performance or appropriate actions to remediate such poor
171	performance.
172	d.  Communications or other actions necessary to maintain
173	order or safety in a program.
174	e.  Any lawful and reasonable communications or actions
175	that are permissible for parents, other juvenile justice
176	programs, school officials, or other adults who have custody of
177	or supervisory responsibilities for children.
178	(d)  Requirements for provision of notice by the program to
179	the department and for the removal of a child from the program
180	if the child becomes unmanageable or ineligible for the program
181	due to changes in his or her medical, psychological, or
182	substance abuse profile.
183	(e)  Requirements for the prominent display of the
184	telephone number of the statewide abuse registry and for
185	immediate access by children in the program, upon request, to a
186	telephone for the purpose of contacting the abuse registry.
187	(7)(a)  Evaluations under s. 985.412(5) of each sheriff's
188	training and respect program shall be conducted quarterly during
189	the first year of the program's operation. Thereafter, if the
190	program met the minimum thresholds during its most recent
191	evaluation, the program shall be evaluated annually. If a
192	sheriff's training and respect program fails to meet the minimum
193	thresholds, the department shall cancel the contract for the
194	program:
195	1.  Immediately if the program has a deficiency in a
196	critical life safety aspect of its operations, as defined in
197	department rule, or has failed to train its staff as required
198	under subsection (9).
199	2.  If the program fails to achieve compliance with the
200	minimum thresholds within 3 months, unless there are documented
201	extenuating circumstances, as defined in department rule.
202	(b)  Upon cancellation of a contract under paragraph (a),
203	the program's operations shall immediately cease and the
204	department shall immediately discontinue any state payments to
205	the program.
206	(8)  The department shall keep records and monitor criminal
207	activity, educational progress, and employment placement of all
208	sheriff's training and respect program participants after their
209	release from the program. The department must annually publish
210	an outcome evaluation study of each sheriff's training and
211	respect program.
212	(9)(a)  The department shall adopt rules under ss.
213	120.536(1) and 120.54 that establish training requirements that
214	must be completed by staff in a sheriff's training and respect
215	program within 90 calendar days following the person's date of
216	hire and that must, at a minimum, require:
217	1.  Administrative staff to successfully complete 120
218	contact hours of department-approved training.
219	2.  Staff who provide direct care, as defined in s.
220	985.4055:
221	a.  To be a certified correctional, correctional probation,
222	or law enforcement officer under chapter 943 or to be certified
223	in protective action response under s. 985.4055(2)(b)-(e).
224	b.  To successfully complete 200 contact hours of
225	department-approved training.
226	(b)  Department-approved training under paragraph (a) for
227	direct care staff must include, but is not limited to, training
228	on:
229	1.  State and federal laws relating to child abuse.
230	2.  Authorized disciplinary sanctions and privilege
231	restrictions under paragraph (5)(b) and prohibited psychological
232	intimidation techniques under paragraph (5)(c).
233	3.  The Protective Action Response policy established in
234	department rules adopted under s. 985.4055(2)(a) for direct care
235	staff who are not certified under 985.4055(2)(b)-(e).
236	4.  Appropriate counseling techniques and aggression
237	control methods.
238	5.  Appropriate methods for dealing with children who have
239	been placed in programs that emphasize physical fitness and
240	personal discipline, including training on the identification
241	of, and appropriate responses to, children who are experiencing
242	physical or mental distress.
243	6.  Cardiopulmonary resuscitation, choke-relief, and other
244	emergency medical procedures.
245	(c)  All department-approved training courses under this
246	subsection must be taught by persons who are certified as
247	instructors for the courses being taught. A training course in
248	counseling techniques need not be taught by a certified
249	instructor but must be taught by a person who has at least a
250	bachelor's degree in social work, counseling, psychology, or a
251	related field.
252	(d)  A person who exercises direct care, as defined in s.
253	985.4055, in a sheriff's training and respect program prior to
254	successful completion of the training requirements in this
255	subsection must be directly supervised by a person who has
256	successfully completed the training requirements in this
257	subsection.
258	(10)  Children shall not be admitted to a sheriff's
259	training and respect program until the department has adopted
260	the rules required by this section and has verified that each
261	program is in compliance with all laws and rules applicable to
262	the program. The department may adopt emergency rules pursuant
263	to s. 120.54(4) if necessary to allow operation of sheriff's
264	training and respect programs beginning July 1, 2006.
265	Section 9.  Paragraph (a) of subsection (1) and paragraph
266	(i) of subsection (3) of section 985.31, Florida Statutes, are
267	amended to read:
268	985.31  Serious or habitual juvenile offender.--
269	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
270	provisions of this chapter and the establishment of appropriate
271	program guidelines and standards, contractual instruments, which
272	shall include safeguards of all constitutional rights, shall be
273	developed as follows:
274	(a)  The department shall provide for:
275	1.  The oversight of implementation of assessment and
276	treatment approaches.
277	2.  The identification and prequalification of appropriate
278	individuals or not-for-profit organizations, including minority
279	individuals or organizations when possible, to provide
280	assessment and treatment services to serious or habitual
281	delinquent children.
282	3.  The monitoring and evaluation of assessment and
283	treatment services for compliance with the provisions of this
284	chapter and all applicable rules and guidelines pursuant
285	thereto.
286	4.  The development of an annual report on the performance
287	of assessment and treatment to be presented to the Governor, the
288	Attorney General, the President of the Senate, the Speaker of
289	the House of Representatives, and the Auditor General no later
290	than January 1 of each year.
291	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
292	TREATMENT.--
293	(i)  The treatment and placement recommendations shall be
294	submitted to the court for further action pursuant to this
295	paragraph:
296	1.  If it is recommended that placement in a serious or
297	habitual juvenile offender program or facility is inappropriate,
298	the court shall make an alternative disposition pursuant to s.
299	985.3091 985.309 or other alternative sentencing as applicable,
300	using utilizing the recommendation as a guide.
301	2.  If it is recommended that placement in a serious or
302	habitual juvenile offender program or facility is appropriate,
303	the court may commit the child to the department for placement
304	in the restrictiveness level designated for serious or habitual
305	delinquent children programs.
306	Section 10.  Paragraph (a) of subsection (1) and paragraph
307	(i) of subsection (3) of section 985.311, Florida Statutes, are
308	amended to read:
309	985.311  Intensive residential treatment program for
310	offenders less than 13 years of age.--
311	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
312	provisions of this chapter and the establishment of appropriate
313	program guidelines and standards, contractual instruments, which
314	shall include safeguards of all constitutional rights, shall be
315	developed for intensive residential treatment programs for
316	offenders less than 13 years of age as follows:
317	(a)  The department shall provide for:
318	1.  The oversight of implementation of assessment and
319	treatment approaches.
320	2.  The identification and prequalification of appropriate
321	individuals or not-for-profit organizations, including minority
322	individuals or organizations when possible, to provide
323	assessment and treatment services to intensive offenders less
324	than 13 years of age.
325	3.  The monitoring and evaluation of assessment and
326	treatment services for compliance with the provisions of this
327	chapter and all applicable rules and guidelines pursuant
328	thereto.
329	4.  The development of an annual report on the performance
330	of assessment and treatment to be presented to the Governor, the
331	Attorney General, the President of the Senate, the Speaker of
332	the House of Representatives, the Auditor General, and the
333	Office of Program Policy Analysis and Government Accountability
334	no later than January 1 of each year.
335	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
336	TREATMENT.--
337	(i)  The treatment and placement recommendations shall be
338	submitted to the court for further action pursuant to this
339	paragraph:
340	1.  If it is recommended that placement in an intensive
341	residential treatment program for offenders less than 13 years
342	of age is inappropriate, the court shall make an alternative
343	disposition pursuant to s. 985.3091 985.309 or other alternative
344	sentencing as applicable, using utilizing the recommendation as
345	a guide.
346	2.  If it is recommended that placement in an intensive
347	residential treatment program for offenders less than 13 years
348	of age is appropriate, the court may commit the child to the
349	department for placement in the restrictiveness level designated
350	for intensive residential treatment program for offenders less
351	than 13 years of age.
352	Section 11.  Subsection (5) of section 985.317, Florida
353	Statutes, is amended to read:
354	985.317  Literacy programs for juvenile offenders.--
355	(5)  EVALUATION AND REPORT.--The department, in
356	consultation with the Department of Education, shall develop and
357	implement an evaluation of the literacy program in order to
358	determine the impact of the programs on recidivism. The
359	department shall submit an annual report on the implementation
360	and progress of the programs to the President of the Senate and
361	the Speaker of the House of Representatives by January 1 of each
362	year.
363	Section 12.  Section 985.3142, Florida Statutes, is created
364	to read:
365	985.3142  Failure to return from a temporary release.--The
366	willful failure of a child to return to a residential commitment
367	facility described in s. 985.03(46) within the time authorized
368	for a temporary release shall:
369	(1)  For a first offense, constitute absconding and such
370	offense shall be treated in the same manner as absconding from a
371	nonresidential commitment facility under this chapter, except
372	that under s. 985.215(2) the court shall order that the child be
373	returned to his or her residential commitment facility at the
374	child's detention hearing.
375	(2)  For a second or subsequent offense, constitute a
376	misdemeanor of the second degree, punishable as provided in s.
377	775.082 or s. 775.083.
378	Section 13.  Section 985.4055, Florida Statutes, is created
379	to read:
380	985.4055  Protective action response.--
381	(1)  For purposes of this section, the term:
382	(a)  "Direct care" means the care, supervision, custody, or
383	control of youth in any detention facility, delinquency program,
384	or commitment program within any restrictiveness level, which is
385	operated by the department or by a provider under contract with
386	the department.
387	(b)  "Employee" means any person who exercises direct care.
388	(c)  "Protective action response policy" means the policy
389	governing the use of verbal and physical intervention
390	techniques, mechanical restraints, and aerosol and chemical
391	agents by employees.
392	(2)  The department shall adopt rules under ss. 120.536(1)
393	and 120.54 that:
394	(a)  Establish a protective action response policy that:
395	1.  Defines the authorized level of response by an employee
396	to each level of verbal or physical resistance by a youth.
397	2.  Requires the use of verbal intervention techniques as
398	the initial response by an employee to verbal or physical
399	resistance by a youth, except where physical intervention
400	techniques are necessary to prevent:
401	a.  Physical harm to the youth, employee, or another
402	person;
403	b.  Property damage; or
404	c.  The youth from escaping or absconding from lawful
405	supervision.
406	3.  Defines authorized physical intervention techniques and
407	the situations under which employees may use these techniques
408	for youth. Pain compliance techniques and use of less than
409	lethal force shall be prohibited, except where necessary to
410	prevent:
411	a.  Physical harm to the youth, employee, or another
412	person;
413	b.  Property damage; or
414	c.  The youth from escaping or absconding from lawful
415	supervision.
416
417	Lethal force shall be prohibited, except where necessary to
418	protect the employee or another person from an imminent threat
419	of great bodily harm or death. Prior authorization by an
420	employee's supervisor for the use of physical intervention
421	techniques shall be obtained when practical.
422	4.  Defines authorized use of mechanical restraints and the
423	situations under which employees may use such restraints on
424	youth. Prohibited uses of mechanical restraints shall include
425	the use of neck restraints and the securing of a youth to a
426	fixed object. Supervision requirements for youth who are secured
427	in mechanical restraints shall include constant and direct
428	visual monitoring by an employee for purposes of insuring youth
429	safety and ascertaining indications by the youth that restraints
430	are no longer necessary. Prior authorization by an employee's
431	supervisor for the use of mechanical restraints shall be
432	obtained when practical.
433	5.  Prohibits employee use of aerosol or chemical agents,
434	including, but not limited to, oleoresin capsicum spray and
435	ammonia capsules, on a youth unless required for medical
436	treatment of the youth by a licensed medical professional.
437	(b)  Establish training curriculums for protective action
438	response certification of employees and instructors. The
439	training curriculum for employee certification shall, at a
440	minimum, require the employee to:
441	1.  Complete instruction on the protective action response
442	policy.
443	2.  Obtain a passing score:
444	a.  On a written examination that tests the employee's
445	knowledge and understanding of the protective action response
446	policy.
447	b.  During an evaluation by an instructor of the employee's
448	physically demonstrated ability to implement the protective
449	action response policy.
450	(c)  Require training curriculums for protective action
451	response certification of employees to be taught by instructors
452	who have been certified under the training curriculum for
453	protective action response certification of instructors.
454	(d)  Except as provided in s. 985.3091(9) for specified
455	certified officers, require each employee, who was not certified
456	by the department in protective action response prior to July 1,
457	2006, to receive his or her protective action response
458	certification by September 30, 2006, or within 90 calendar days
459	following his or her date of hire, whichever date is later.
460	(e)  Require any employee who exercises direct care prior
461	to receiving his or her protective action response certification
462	to be directly supervised by an employee who has received his or
463	her protective action response certification.
464	Section 14.  Section 985.4056, Florida Statutes, is created
465	to read:
466	985.4056  Juvenile Justice Accountability Commission.--
467	(1)  CREATION; MEMBERSHIP.--
468	(a)  The Juvenile Justice Accountability Commission is
469	created and administratively housed within the department. The
470	commission shall be composed of seven members appointed by the
471	Governor. Each member of the commission must have direct
472	experience in juvenile justice issues and must be a citizen of
473	and registered voter in this state. The composition of the
474	commission must equitably represent all geographic areas of the
475	state and include minorities and women.
476	(b)  Within the 2-year period preceding his or her
477	appointment, a member of the commission may not have been, and
478	during the 2-year period following termination of his or her
479	appointment, a member of the commission may not be:
480	1.  An employee of, a consultant to, or a provider under
481	contract with the department.
482	2.  A contractor, or an employee or a consultant thereof,
483	who submits a bid, proposal, or reply in response to a
484	competitive solicitation issued by the commission.
485	(c)  Each member of the commission shall serve a term of 4
486	years; however, for the purpose of providing staggered terms, of
487	the initial appointments, three members shall serve 2-year terms
488	and four members shall serve 4-year terms. Any vacancy on the
489	commission shall be filled in the same manner as the original
490	appointment within 60 days after the date upon which the vacancy
491	occurred, and any member appointed to fill a vacancy shall serve
492	only for the unexpired term of the member's predecessor. The
493	chairperson of the commission shall be selected by the members
494	for a term of 1 year.
495	(d)  In addition to the membership specified under this
496	subsection, the commission shall invite ex officio, nonvoting
497	associates to attend and participate in commission meetings and
498	to provide advice to the commission. The ex officio associates
499	shall include, but are not limited to:
500	1.  A member of the House of Representatives designated by
501	the Speaker of the House.
502	2.  A member of the Senate designated by the President of
503	the Senate.
504	3.  An employee of the Executive Office of the Governor
505	designated by the Governor.
506	4.  An employee of the department.
507	5.  A circuit court judge with at least 1 year's experience
508	in the juvenile delinquency division.
509	6.  A sheriff.
510	7.  A provider under contract with the department for the
511	provision of one or more juvenile justice programs.
512	8.  A member of a juvenile justice advocacy organization.
513	9.  An employee of the Department of Law Enforcement who is
514	responsible for data compilation and research.
515	10.  A state university employee who is responsible for
516	juvenile justice research.
517	(2)  DEFINITIONS.--For purposes of this section, the term:
518	(a)  "Juvenile justice program" means any facility,
519	service, or program that is operated by the department or by a
520	provider under contract with the department.
521	(b)  "Minorities" means a member of a socially or
522	economically disadvantaged group and includes African Americans,
523	Hispanics, and American Indians.
524	(3)  MEETINGS.--
525	(a)  The commission shall hold a minimum of four regular
526	meetings annually, and other meetings may be called by the chair
527	upon giving at least 7 days' notice to all members and the
528	public pursuant to chapter 120. Meetings may also be held upon
529	the written request of at least four members, upon at least 7
530	days' notice of such meeting being given to all members and the
531	public by the chair pursuant to chapter 120. Emergency meetings
532	may be held without notice upon the request of all members. The
533	meetings of the commission shall be held in the central office
534	of the department in Tallahassee unless the chair determines
535	that special circumstances warrant meeting at another location.
536	(b)  A majority of the membership of the commission
537	constitutes a quorum and a quorum is required for any meeting of
538	the commission during which action will be voted upon. An action
539	of the commission is not binding unless the action is taken
540	pursuant to an affirmative vote of a majority of the members
541	present and the vote must be recorded in the minutes of the
542	meeting.
543	(c)  A member of the commission may not authorize a
544	designee to attend a meeting of the commission in his or her
545	place. A member who fails to attend two consecutive regularly
546	scheduled meetings of the commission, unless the member is
547	excused by the chairperson, shall be deemed to have abandoned
548	the position, and the position shall be declared vacant by the
549	commission.
550	(d)  The chairperson shall cause to be made a complete
551	record of the proceedings of the commission, which record shall
552	be open for public inspection.
553	(4)  ORGANIZATION.--
554	(a)  The commission, subject to appropriation, may employ
555	an executive director and other staff, and may retain
556	consultants, as necessary.
557	(b)  The commission shall be a separate budget entity, and
558	the executive director shall be the chief administrative
559	officer. The department shall provide administrative support and
560	service to the commission to the extent requested by the
561	executive director. The commission and its staff are not subject
562	to the control, supervision, or direction of the department.
563	(c)  The commission shall develop a budget pursuant to
564	chapter 216. The budget is not subject to change by the
565	department and shall be submitted to the Governor and
566	Legislature as provided in s. 216.023.
567	(d)  Members of the commission and ex officio associates
568	shall serve without compensation, but are entitled to
569	reimbursement for per diem and travel expenses under s. 112.061.
570	(5)  DUTIES.--The commission shall:
571	(a)  On or before October 1, 2006, and subject to
572	appropriation, enter into a contract under chapter 287 for the
573	development of a comprehensive evaluation, accountability, and
574	reporting system for each juvenile justice program individually
575	and for each category of the juvenile justice continuum for the
576	purpose of informing service providers and policy makers of the
577	effectiveness of individual providers and of the various
578	approaches to providing services. The contract must require the
579	provider to deliver the following on or before January 15, 2007:
580	1.  A standardized evaluation protocol based upon best
581	practices for each juvenile justice program that:
582	a.  Includes minimum thresholds for program continuation
583	and that identifies program effectiveness and areas in need of
584	expansion, improvement, modification, or elimination.
585	b.  Provides criteria for program termination based upon
586	evaluation results.
587	c.  Requires continual review of best practices literature
588	and updates to the standardized evaluation protocol based upon
589	that review.
590	d.  Requires an annual report to the executive and
591	legislative branches, which sets forth for each juvenile justice
592	program:
593	(I)  A comprehensive description of the population served
594	by the program.
595	(II)  A specific description of the services provided by
596	the program.
597	(III)  Program cost.
598	(IV)  A comparison of expenditures to federal and state
599	funding.
600	(V)  Immediate and long-range program concerns.
601	(VI)  Recommendations to maintain, expand, improve, modify,
602	or eliminate the program.
603	2.  A process for the collection, analysis, and reporting
604	of statistical data that will enable continuous evaluation of
605	the juvenile justice system as a whole and will provide the
606	Legislature, Governor, and the department with necessary and
607	useful information and reports to make informed decisions
608	regarding the effectiveness of, and any needed changes in,
609	juvenile justice programming, policies, and laws.
610	(b)  On or before February 15, 2007, submit a report to the
611	appropriate substantive and fiscal committees of the
612	Legislature, the Governor, and the secretary of the department
613	that:
614	1.  Provides a detailed summary of, and an implementation
615	schedule for, the comprehensive evaluation, accountability, and
616	reporting system developed by the provider under paragraph (a).
617	2.  Sets forth recommendations by the commission for:
618	a.  Modifications to the provider-developed system if found
619	warranted by the commission.
620	b.  Statutory amendments and department rule and policy
621	changes that will be required to implement the provider-
622	developed system.
623	c.  Funding requirements for implementation of the
624	provider-developed system.
625	d. Whether the provider-developed system should be
626	implemented by employees of the commission or by a provider
627	under contract with the commission.
628	(c)  Monitor the development and implementation of long-
629	range juvenile justice program policies, including prevention,
630	early intervention, diversion, adjudication, and commitment.
631	(d)  Review and recommend programmatic and fiscal policies
632	governing the operation of juvenile justice programs.
633	(e)  Serve as a clearinghouse, in coordination with the
634	department, to provide information and assistance to the
635	juvenile justice circuit boards and juvenile justice county
636	councils.
637	(f)  Advise the President of the Senate, the Speaker of the
638	House of Representatives, the Governor, and the department on
639	matters relating to this chapter.
640	(g)  Conduct such other activities as the commission may
641	determine are necessary and appropriate to monitor the
642	effectiveness of the delivery of juvenile justice under this
643	chapter.
644	(h)  Submit an annual report to the Governor, the
645	appropriate substantive and fiscal committees of the
646	Legislature, and the secretary of the department no later than
647	January 1st of each year that summarizes the meetings and
648	activities of the commission during the preceding year and
649	includes any recommendations of the commission for the following
650	year.
651	(6)  INFORMATION SYSTEM ACCESS.--The department shall
652	provide the commission with automated access to the Juvenile
653	Justice Information System under s. 20.316(4).
654	(7)  RULEMAKING.--The commission shall adopt rules pursuant
655	to ss. 120.536(1) and 120.54 to implement the provisions of this
656	section.
657	Section 15.  Section 985.412, Florida Statutes, is amended
658	to read:
659	985.412  Program review and reporting requirements Quality
660	assurance and cost-effectiveness.--
661	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
662	Legislature that the department:
663	(a)  Ensure that information be provided to decisionmakers
664	in a timely manner so that resources are allocated to programs
665	that of the department which achieve desired performance levels.
666	(b)  Collect and analyze available statistical data for the
667	purpose of ongoing evaluation of all programs.
668	(c)(b)  Provide information about the cost of such programs
669	and their differential effectiveness so that program the quality
670	may of such programs can be compared and improvements made
671	continually.
672	(d)(c)  Provide information to aid in developing related
673	policy issues and concerns.
674	(e)(d)  Provide information to the public about the
675	effectiveness of such programs in meeting established goals and
676	objectives.
677	(f)(e)  Provide a basis for a system of accountability so
678	that each youth client is afforded the best programs to meet his
679	or her needs.
680	(g)(f)  Improve service delivery to youth clients.
681	(h)(g)  Modify or eliminate activities that are not
682	effective.
683	(2)   DEFINITIONS.--As used in this section, the term:
684	(a)  "Youth" "Client" means any person who is being
685	provided treatment or services by the department or by a
686	provider under contract with the department.
687	(b)  "Program" means any facility, service, or program for
688	youth that is operated by the department or by a provider under
689	contract with the department.
690	(c)(b)  "Program component" means an aggregation of
691	generally related objectives which, because of their special
692	character, related workload, and interrelated output, can
693	logically be considered an entity for purposes of organization,
694	management, accounting, reporting, and budgeting.
695	(c)  "Program effectiveness" means the ability of the
696	program to achieve desired client outcomes, goals, and
697	objectives.
698	(d)  "Program group" means a collection of programs with
699	sufficient similarity of function, services, and youth to permit
700	appropriate comparisons among programs within the group.
701	(3)  OUTCOME EVALUATION.--The department, in consultation
702	with the Office of Economic and Demographic Research, the Office
703	of Program Policy Analysis and Government Accountability, and
704	contract service providers, shall develop and use a standard
705	methodology for annually measuring, evaluating, and reporting
706	program outputs and youth outcomes for each program and program
707	group.
708	(a)  The standard methodology must:
709	1.  Incorporate, whenever possible, performance-based
710	budgeting measures.
711	2.  Include common terminology and operational definitions
712	for measuring the performance of system and program
713	administration, program outputs, and youth outcomes.
714	3.  Specify program outputs for each program and for each
715	program group within the juvenile justice continuum.
716	4.  Specify desired youth outcomes and methods by which to
717	measure youth outcomes for each program and program group.
718	(b)  By February 15 of each year, the department shall
719	submit to the appropriate substantive and fiscal committees of
720	each house of the Legislature and the Governor a report that
721	identifies and describes:
722	1.  The standard methodology implemented under paragraph
723	(a).
724	2.  The programs offered within each program group.
725	3.  The demographic profile and offense history of youth
726	served in each program group.
727	4.  The actual program outputs and youth outcomes achieved
728	in each program group. The department shall annually collect and
729	report cost data for every program operated or contracted by the
730	department. The cost data shall conform to a format approved by
731	the department and the Legislature. Uniform cost data shall be
732	reported and collected for state-operated and contracted
733	programs so that comparisons can be made among programs. The
734	department shall ensure that there is accurate cost accounting
735	for state-operated services including market-equivalent rent and
736	other shared cost. The cost of the educational program provided
737	to a residential facility shall be reported and included in the
738	cost of a program. The department shall submit an annual cost
739	report to the President of the Senate, the Speaker of the House
740	of Representatives, the Minority Leader of each house of the
741	Legislature, the appropriate substantive and fiscal committees
742	of each house of the Legislature, and the Governor, no later
743	than December 1 of each year. Cost-benefit analysis for
744	educational programs will be developed and implemented in
745	collaboration with and in cooperation with the Department of
746	Education, local providers, and local school districts. Cost
747	data for the report shall include data collected by the
748	Department of Education for the purposes of preparing the annual
749	report required by s. 1003.52(19).
750	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
751	Juvenile Justice, in consultation with the Office of Economic
752	and Demographic Research, and contract service providers, shall
753	develop a cost-effectiveness model and apply the model to each
754	commitment program. Program recidivism rates shall be a
755	component of the model.
756	(a)  The cost-effectiveness model shall compare program
757	costs to expected and actual youth recidivism rates client
758	outcomes and program outputs. It is the intent of the
759	Legislature that continual development efforts take place to
760	improve the validity and reliability of the cost-effectiveness
761	model and to integrate the standard methodology developed under
762	s. 985.401(4) for interpreting program outcome evaluations.
763	(b)  The department shall rank commitment programs based on
764	the cost-effectiveness model and shall submit a report to the
765	appropriate substantive and fiscal committees of each house of
766	the Legislature by January 15 December 31 of each year.
767	(c)  Based on reports of the department on client outcomes
768	and program outputs and on the department's most recent cost-
769	effectiveness rankings, the department may terminate a
770	commitment program operated by the department or a provider if
771	the program has failed to achieve a minimum threshold of cost-
772	effectiveness program effectiveness. This paragraph does not
773	preclude the department from terminating a contract as provided
774	under this section or as otherwise provided by law or contract,
775	and does not limit the department's authority to enter into or
776	terminate a contract.
777	(d)  In collaboration with the Office of Economic and
778	Demographic Research, and contract service providers, the
779	department shall develop a work plan to refine the cost-
780	effectiveness model so that the model is consistent with the
781	performance-based program budgeting measures approved by the
782	Legislature to the extent the department deems appropriate. The
783	department shall notify the Office of Program Policy Analysis
784	and Government Accountability of any meetings to refine the
785	model.
786	(e)  Contingent upon specific appropriation, the
787	department, in consultation with the Office of Economic and
788	Demographic Research, and contract service providers, shall:
789	1.  Construct a profile of each commitment program that
790	uses the results of the quality assurance report required by
791	this section, the cost-effectiveness report required in this
792	subsection, and other reports available to the department.
793	2.  Target, for a more comprehensive evaluation, any
794	commitment program that has achieved consistently high, low, or
795	disparate ratings in the reports required under subparagraph 1.
796	3.  Identify the essential factors that contribute to the
797	high, low, or disparate program ratings.
798	4.  Use the results of these evaluations in developing or
799	refining juvenile justice programs or program models, youth
800	client outcomes and program outputs, provider contracts, quality
801	assurance standards, and the cost-effectiveness model.
802	(5)  QUALITY ASSURANCE.--The department shall:
803	(a)  Establish a comprehensive quality assurance system for
804	each program operated by the department or operated by a
805	provider under contract with the department. Each contract
806	entered into by the department must provide for quality
807	assurance.
808	(b)  Provide operational definitions of and criteria for
809	quality assurance for each specific program component.
810	(c)  Establish quality assurance goals and objectives for
811	each specific program component.
812	(d)  Establish the information and specific data elements
813	required for the quality assurance program.
814	(e)  Develop a quality assurance manual of specific,
815	standardized terminology and procedures to be followed by each
816	program.
817	(f)  Evaluate each program operated by the department or a
818	provider under a contract with the department and establish
819	minimum thresholds for each program component.
820	1.  If a provider fails to meet the established minimum
821	thresholds, such failure shall cause the department to cancel
822	the provider's contract:
823	a.  Immediately if the provider has a deficiency in a
824	critical life safety aspect of its operations, as defined in
825	department rule, or has failed to train and certify its
826	employees as required in s. 985.3091(9) or s. 985.4055.
827	b.  If unless the provider fails to achieve achieves
828	compliance with minimum thresholds within 6 months, except as
829	provided in s. 985.3091(7)(a)2., or unless there are documented
830	extenuating circumstances as defined in department rule.
831
832	If a provider's contract is cancelled under subparagraph 1., the
833	provider's operations shall immediately cease, the department
834	shall immediately discontinue any state payments to the
835	provider, and the provider shall be ineligible to contract with
836	the department In addition, the department may not contract with
837	the same provider for the canceled service for a period of 12
838	months.
839	2.  If a department-operated program fails to meet the
840	established minimum thresholds, the program's operations shall
841	be:
842	a.  Immediately terminated if the program has a deficiency
843	in a critical life safety aspect of its operations, as defined
844	in department rule, or if the department has failed to train and
845	certify program employees as required in s. 985.4055.
846	b.  Terminated if the department fails to achieve
847	compliance with the minimum thresholds within 6 months, unless
848	there are documented extenuating circumstances as defined in
849	department rule. the department must take necessary and
850	sufficient steps to ensure and document program changes to
851	achieve compliance with the established minimum thresholds. If
852	the department-operated program fails to achieve compliance with
853	the established minimum thresholds within 6 months and if there
854	are no documented extenuating circumstances, the department must
855	notify the Executive Office of the Governor and the Legislature
856	of the corrective action taken. Appropriate corrective action
857	may include, but is not limited to:
858	1.  Contracting out for the services provided in the
859	program;
860	2.  Initiating appropriate disciplinary action against all
861	employees whose conduct or performance is deemed to have
862	materially contributed to the program's failure to meet
863	established minimum thresholds;
864	3.  Redesigning the program; or
865	4.  Realigning the program.
866	(g)  The department shall Submit an annual report to the
867	President of the Senate, the Speaker of the House of
868	Representatives, the minority leader of each house of the
869	Legislature, the appropriate substantive and fiscal committees
870	of each house of the Legislature, and the Governor by , no later
871	than February 1 of each year. The annual report must contain, at
872	a minimum, for each specific program component:
873	1.  A comprehensive description of the population served.
874	by the program;
875	2.  A specific description of its the services.
876	3.  A summary of the performance of each program component
877	evaluated. provided by the program;
878	4. Cost data that is reported in a uniform format so that
879	cost comparisons may be made among programs. For a residential
880	program, the cost data must include the cost of its educational
881	program.;
882	5.  A comparison of expenditures to federal and state
883	funding.;
884	6.  Immediate and long-range concerns. ; and
885	7.  Recommendations to maintain, expand, improve, modify,
886	or eliminate each program component so that changes in services
887	lead to enhancement in program quality. The department shall
888	ensure the reliability and validity of the information contained
889	in the report.
890	(6)  The department shall collect and analyze available
891	statistical data for the purpose of ongoing evaluation of all
892	programs. The department shall provide the Legislature with
893	necessary information and reports to enable the Legislature to
894	make informed decisions regarding the effectiveness of, and any
895	needed changes in, services, programs, policies, and laws.
896	(7)  No later than November 1, 2001, the department shall
897	submit a proposal to the Legislature concerning funding
898	incentives and disincentives for the department and for
899	providers under contract with the department. The
900	recommendations for funding incentives and disincentives shall
901	be based upon both quality assurance performance and cost-
902	effectiveness performance. The proposal should strive to achieve
903	consistency in incentives and disincentives for both department-
904	operated and contractor-provided programs. The department may
905	include recommendations for the use of liquidated damages in the
906	proposal; however, the department is not presently authorized to
907	contract for liquidated damages in non-hardware-secure
908	facilities until January 1, 2002.
909	Section 16.  Section 958.046, Florida Statutes, is amended
910	to read:
911	958.046  Placement in county-operated boot camp programs
912	for youthful offenders.--In counties where there are county-
913	county-operated youthful offender boot camp programs, other than
914	boot camps described in s. 958.04 or  sheriff's training and
915	respect programs in s. 985.3091 985.309, the court may sentence
916	a youthful offender to such a boot camp. In county-operated
917	youthful offender boot camp programs, juvenile offenders shall
918	not be commingled with youthful offenders.
919	Section 17.  Section 985.314, Florida Statutes, is amended
920	to read:
921	985.314  Commitment programs for juvenile felony
922	offenders.--
923	(1)  Notwithstanding any other law and regardless of the
924	child's age, a child who is adjudicated delinquent, or for whom
925	adjudication is withheld, for an act that would be a felony if
926	committed by an adult, shall be committed to:
927	(a)  A sheriff's training and respect boot camp program
928	under s. 985.3091 s. 985.309 if the child has participated in an
929	early delinquency intervention program as provided in s.
930	985.305.
931	(b)  A program for serious or habitual juvenile offenders
932	under s. 985.31 or an intensive residential treatment program
933	for offenders less than 13 years of age under s. 985.311, if the
934	child has participated in an early delinquency intervention
935	program and has completed a sheriff's training and respect boot
936	camp program.
937	(c)  A maximum-risk residential program, if the child has
938	participated in an early delinquency intervention program, has
939	completed a sheriff's training and respect boot camp program,
940	and has completed a program for serious or habitual juvenile
941	offenders or an intensive residential treatment program for
942	offenders less than 13 years of age. The commitment of a child
943	to a maximum-risk residential program must be for an
944	indeterminate period, but may not exceed the maximum term of
945	imprisonment that an adult may serve for the same offense.
946	(2) In committing a child to the appropriate programs, the
947	court may consider an equivalent program of similar intensity as
948	being comparable to a program required under subsection (1).
949	Section 18.  Cost of supervision and care waiver; pilot
950	program.--
951	(1)  For purposes of this section, the term:
952	(a)  "Approved parenting class" means a class approved by
953	the Juvenile Justice Accountability Commission under subsection
954	(4).
955	(b)  "Court" means a circuit court in the Ninth Judicial
956	Circuit.
957	(c)  "Department" means the Department of Juvenile Justice.
958	(d)  "Parent" means a parent, as defined in s.
959	985.2311(13), whose child's delinquency case comes before a
960	circuit court in the Ninth Judicial Circuit.
961	(2)(a)  Notwithstanding any contrary provision of s.
962	985.2311, Florida Statutes, for the period of October 1, 2006,
963	through June 30, 2009, the court shall enter an order waiving
964	the fees required to be paid under s. 985.2311, Florida
965	Statutes, by a parent if the parent successfully completes an
966	approved parenting class and presents the court with notarized
967	documentation of such completion.
968	(b)  Participation in an approved parenting class under
969	this subsection is voluntary and the parent is responsible for
970	the payment of all costs associated with participation in the
971	class.
972	(c)  A parent who fails to successfully complete an
973	approved parenting class shall pay the full amount of fees
974	required by s. 985.2311, Florida Statutes.
975	(d)  A parent may only have fees waived under this
976	subsection once.
977	(3)  The Office of Program Policy Analysis and Government
978	Accountability shall evaluate the pilot program created by this
979	section and shall submit a written report to the appropriate
980	substantive and fiscal committees of the Legislature, the
981	Governor, and the Department of Juvenile Justice on September
982	30, 2007, and annually thereafter, which identifies for the
983	Ninth Judicial Circuit during the fiscal year preceding the
984	report:
985	(a)  The number of delinquency cases in which fees were
986	required to be ordered under s. 985.2311, Florida Statutes, and
987	the total amount of those fees.
988	(b)  The number of delinquency cases in which parents
989	agreed to complete an approved parenting class and the number of
990	delinquency cases in which the parent submitted notarized
991	documentation of successful completion to the court.
992	(c)  The number of delinquency cases in which the court
993	entered an order waiving fees under subsection (2) and the total
994	amount of fees waived.
995	(d)  The number of youth, as such data becomes available,
996	who are taken into custody for a felony or misdemeanor within 6
997	months following their release from department custody or
998	supervision, whichever occurs later, and whose parents' fees
999	under s. 985.2311, Florida Statutes, are:
1000	1.  Waived by court order under subsection (2).
1001	2.  Not waived by court order under subsection (2).
1002	(4)  The Juvenile Justice Accountability Commission,
1003	subject to appropriation, shall execute a contract under chapter
1004	287, Florida Statutes, for the provision of parenting courses in
1005	the Ninth Judicial Circuit between October 1, 2006 through June
1006	30, 2009.
1007	(5)  This section is repealed effective October 1, 2009.
1008	Section 19.  Task force on juvenile cruelty to animals.--
1009	(1)  The Legislature recognizes that multiple research
1010	studies have found statistically significant correlations
1011	between acts of animal cruelty by juveniles and violent behavior
1012	against persons and that a literature review conducted by the
1013	federal Office of Juvenile Justice Delinquency Prevention found
1014	that juvenile animal cruelty may be characteristic of the
1015	developmental histories of 25 to 60 percent of violent adult
1016	offenders. The Legislature further recognizes that it is
1017	critical for the rehabilitation of juvenile animal cruelty
1018	offenders and for the protection of society that the Legislature
1019	establish a policy requiring the Department of Juvenile Justice
1020	to assess the specific rehabilitation needs of juvenile animal
1021	cruelty offenders and to provide programs that will treat these
1022	offenders and halt further antisocial conduct.
1023	(2)  For purposes of this section, the term:
1024	(a)  "Department" means the Department of Juvenile Justice.
1025	(b)  "Juvenile animal cruelty offender" means a juvenile
1026	referred to the department who has violated s. 828.12, Florida
1027	Statutes, or who otherwise has a history of engaging in one or
1028	more acts of animal cruelty.
1029	(3)  There is created a task force to review and evaluate
1030	the state's laws that define and address animal cruelty and the
1031	department's practices for treating and rehabilitating juvenile
1032	animal cruelty offenders. The task force shall make findings
1033	that include, but are not limited to:
1034	(a)  Identification of statutes that address animal
1035	cruelty.
1036	(b)  Compilation of statistics regarding the number of
1037	juveniles in this state who have been found, between July 1,
1038	2001, and June 30, 2006, to have committed an act of animal
1039	cruelty in violation of s. 828.12, Florida Statutes, and
1040	identification of the disposition imposed in each of those
1041	cases.
1042	(c)  A profile of the delinquency and criminal histories of
1043	the juveniles involved in the cases identified in paragraph (b)
1044	before and after commission of the act of animal cruelty.
1045	(d)  A summary of the department's methods for identifying
1046	juvenile animal cruelty offenders who are referred to the
1047	department for a delinquent act other than a violation of s.
1048	828.12, Florida Statutes.
1049	(e)  Identification of the department's practices,
1050	procedures, and programs for the treatment and rehabilitation of
1051	juvenile animal cruelty offenders.
1052	(f)  A summary of research regarding juvenile animal
1053	cruelty offenders and of any recommendations contained therein
1054	for the treatment and rehabilitation of these offenders.
1055	(g)  Identification of best and evidence-based practices
1056	and model programs used in other jurisdictions for the treatment
1057	and rehabilitation of juvenile animal cruelty offenders.
1058	(4)  Based on its findings, the task force shall make
1059	recommendations for the improvement of the state's policies and
1060	laws that address juvenile animal cruelty. Such recommendations
1061	shall specifically include, but are not limited to,
1062	identification of methods to assess the needs of juvenile animal
1063	cruelty offenders, treatment programs that will best
1064	rehabilitate juvenile animal cruelty offenders, service delivery
1065	mechanisms to ensure that recommended treatment programs are
1066	available statewide, and any funding needs above existing
1067	resources to ensure adequate availability of recommended
1068	treatment programs.
1069	(5)  On or before August 1, 2006, the secretary of the
1070	department shall appoint up to 12 members to the task force. The
1071	task force membership shall include, but is not limited to:
1072	three persons who collectively have experience with the conduct
1073	of juvenile animal cruelty research and with the treatment and
1074	rehabilitation of juvenile animal cruelty offenders; two
1075	department employees who collectively are responsible for
1076	research and planning and delinquency prevention and treatment
1077	programming; and two representatives of providers of juvenile
1078	delinquency prevention, treatment, and rehabilitation services.
1079	(6)  The task force shall submit a written report of its
1080	findings and recommendations to the Governor, the President of
1081	the Senate, and the Speaker of the House of Representatives by
1082	January 1, 2007.
1083	(7)  Administrative support for the task force shall be
1084	provided by the department. Members of the task force shall
1085	serve without compensation, but are entitled to reimbursement
1086	under s. 112.061, Florida Statutes, for travel and per diem
1087	expenses incurred in the performance of their official duties.
1088	The task force shall strive to minimize travel and per diem
1089	expenses by performing, when practicable, its duties in the
1090	location where the majority of task force members reside.
1091	(8)  The task force shall be dissolved upon submission of
1092	its report.
1093	Section 20.  Task Force on Juvenile Sexual Offenders and
1094	their Victims.--
1095	(1)  For purposes of this section, the term:
1096	(a)  "Department" means the Department of Juvenile Justice.
1097	(b)  "Task force" means the 2006 Task Force on Juvenile
1098	Sexual Offenders and their Victims.
1099	(2)  On or before August 1, 2006, there shall be created a
1100	task force to continue the evaluation of the state's juvenile
1101	sexual offender laws that was conducted by the 2005 Task Force
1102	on Juvenile Sexual Offenders and their Victims, as created in s.
1103	10 of chapter 2005-263, Laws of Florida.
1104	(3)  The secretary of the department shall appoint up to 12
1105	members to the task force, who shall include, but are not
1106	limited to, a circuit court judge with at least 1 year of
1107	experience in the juvenile division, a state attorney with at
1108	least 1 year of experience in the juvenile division, a public
1109	defender with at least 1 year of experience in the juvenile
1110	division, two representatives of the department, one member from
1111	the Florida Juvenile Justice Association, two members from
1112	providers of juvenile sexual offender services, one member from
1113	the Florida Association for the Treatment of Sexual Abusers, and
1114	one victim advocate.
1115	(4)  The task force shall:
1116	(a)  Review the findings and recommendations contained in
1117	the final report of the 2005 Task Force on Juvenile Sexual
1118	Offenders and their Victims, including the recommendations
1119	specified in Appendix II of that report, and identify each
1120	recommendation that has not yet been implemented.
1121	(b)  Determine which recommendations reviewed under
1122	paragraph (a) remain appropriate for implementation.
1123	(c)  Make additional recommendations, if warranted, for the
1124	improvement of the state's laws, policies, programs, and funding
1125	for juvenile sexual offenders.
1126	(d)  Submit a written report to the Governor and the
1127	appropriate substantive and fiscal committees of the Legislature
1128	no later than January 1, 2007, that:
1129	1.  Discusses each state law addressing juvenile sexual
1130	offenders.
1131	2.  Specifically identifies statutory criteria that should
1132	be satisfied before a juvenile is classified as a sexual
1133	offender or placed in sexual offender programming.
1134	3.  Sets forth detailed findings in support of each
1135	recommendation under paragraphs (b) and (c) and a comprehensive
1136	plan for implementation of these recommendations, including
1137	proposed amendments to statute to redefine the term "juvenile
1138	sexual offender" and modifications of state agency rules,
1139	practices, and procedures.
1140	(5)  The department shall provide administrative support
1141	for the task force. Members of the task force shall receive no
1142	salary from the state beyond any salary already received from
1143	their sponsoring agencies, if any, and are not entitled to
1144	reimbursement for travel and per diem expenses.
1145	(6)  The task force shall be dissolved upon submission of
1146	its report.
1147	Section 21.  Subsections (1) and (2) of section 27.51,
1148	Florida Statutes, are amended to read:
1149	27.51  Duties of public defender.--
1150	(1)  The public defender shall represent, without
1151	additional compensation, any person determined to be indigent
1152	under s. 27.52 and:
1153	(a)  Under arrest for, or charged with, a felony;
1154	(b)  Under arrest for, or charged with:
1155	1.  A misdemeanor authorized for prosecution by the state
1156	attorney;
1157	2.  A violation of chapter 316 punishable by imprisonment;
1158	3.  Criminal contempt; or
1159	4.  A violation of a special law or county or municipal
1160	ordinance ancillary to a state charge, or if not ancillary to a
1161	state charge, only if the public defender contracts with the
1162	county or municipality to provide representation pursuant to ss.
1163	27.54 and 125.69.
1164
1165	The public defender may shall not provide representation under
1166	pursuant to this paragraph if the court, before prior to trial,
1167	files in the cause an order of no imprisonment as provided in s.
1168	27.512;
1169	(c)  Who is a child taken into custody under s. 985.207 or
1170	s. 985.2075 Alleged to be a delinquent child pursuant to a
1171	petition filed before a circuit court;
1172	(d)  Sought by petition filed in such court to be
1173	involuntarily placed as a mentally ill person under part I of
1174	chapter 394, involuntarily committed as a sexually violent
1175	predator under part V of chapter 394, or involuntarily admitted
1176	to residential services as a person with developmental
1177	disabilities under chapter 393. A public defender may shall not
1178	represent any plaintiff in a civil action brought under the
1179	Florida Rules of Civil Procedure, the Federal Rules of Civil
1180	Procedure, or the federal statutes, or represent a petitioner in
1181	a rule challenge under chapter 120, unless specifically
1182	authorized by statute;
1183	(e)  Convicted and sentenced to death, for purposes of
1184	handling an appeal to the Supreme Court; or
1185	(f)  Is appealing a matter in a case arising under
1186	paragraphs (a)-(d).
1187	(2)  Except as provided in s. 985.203, the court may not
1188	appoint the public defender to represent, even on a temporary
1189	basis, any person who is not indigent. The court, however, may
1190	appoint private counsel in capital cases as provided in ss.
1191	27.40 and 27.5303.
1192	Section 22.  Subsections (1) and (2) of section 985.203,
1193	Florida Statutes, are amended to read:
1194	985.203  Right to counsel.--
1195	(1)  A child shall be represented is entitled to
1196	representation by legal counsel at all stages of any delinquency
1197	court proceedings under this chapter, which occur after the
1198	child has been taken into custody under s. 985.207 or s.
1199	985.2075, unless the right to counsel is freely, knowingly, and
1200	intelligently waived by the child after he or she has had an
1201	opportunity to confer with counsel part. If the child and the
1202	parents or other legal guardian are indigent and unable to
1203	employ counsel for the child, the court shall appoint counsel
1204	pursuant to s. 27.52. Determination of indigence and costs of
1205	representation shall be as provided by ss. 27.52 and 938.29.
1206	Legal Counsel representing a child who exercises the right to
1207	counsel shall be allowed to provide advice and counsel to the
1208	child at any time after the child has been taken into custody
1209	under s. 985.207 or s. 985.2075 subsequent to the child's
1210	arrest, including prior to a detention hearing while in secure
1211	detention care. A child shall be represented by legal counsel at
1212	all stages of all court proceedings unless the right to counsel
1213	is freely, knowingly, and intelligently waived by the child. If
1214	the child appears without counsel, the court shall advise the
1215	child of his or her rights with respect to representation of
1216	court-appointed counsel.
1217	(2)  If the parents or legal guardian of an indigent child
1218	are not indigent but refuse to employ counsel, the court shall
1219	appoint counsel pursuant to s. 27.52 to represent the child at
1220	the detention hearing and until counsel is provided. Costs of
1221	representation shall be are hereby imposed as provided by ss.
1222	27.52 and 938.29. Thereafter, the court may shall not appoint
1223	counsel for an indigent child who has with nonindigent parents
1224	or a nonindigent legal guardian but shall order the parents or
1225	legal guardian to obtain private counsel. A parent or legal
1226	guardian of an indigent child who has been ordered to obtain
1227	private counsel for the child and who willfully fails to follow
1228	the court order shall be punished by the court in civil contempt
1229	proceedings. If a parent or legal guardian is also an alleged
1230	victim in the case, the court may not order the parents or legal
1231	guardian to obtain private counsel but shall appoint counsel
1232	pursuant to s. 27.52 to represent the indigent child. At the
1233	disposition of the case and upon a finding by the court that a
1234	parent or legal guardian is a victim of the offense, the parents
1235	or legal guardian shall not be liable for fees, charges, or
1236	costs under s. 27.52, s. 938.29, or this chapter.
1237
1238	======= T I T L E  A M E N D M E N T =======
1239	Remove lines 38-117 and insert:
1240
1241	specifying program participation timeframes; requiring
1242	compliance with the protective action response policy;
1243	requiring the department to adopt rules and maintain
1244	specified records; defining the term "psychological
1245	intimidation techniques"; providing for evaluations
1246	and contract cancellation under specified
1247	circumstances; specifying staff training requirements;
1248	requiring the department to adopt training rules;
1249	requiring specified supervision for staff who provide
1250	direct care prior to compliance with training
1251	requirements; prohibiting the operation of a program
1252	until department rules are adopted and the department
1253	has verified program compliance with applicable law
1254	and rules; authorizing emergency rules to expedite
1255	implementation; amending s. 985.31, F.S.; deleting a
1256	requirement for a report on serious or habitual
1257	juvenile offenders; conforming cross-references and
1258	terminology; amending s. 985.311, F.S.; deleting a
1259	requirement for a report on intensive residential
1260	treatment; conforming cross-references and
1261	terminology; amending s. 985.317, F.S.; deleting a
1262	requirement for a report on literacy programs for
1263	juvenile offenders; creating s. 985.3142, F.S.;
1264	providing that the willful failure of a child to
1265	return to a residential commitment facility within the
1266	time authorized for a temporary release is absconding
1267	for a first offense and is a second degree misdemeanor
1268	for a second or subsequent offense; providing
1269	penalties; creating s. 985.4055, F.S.; providing
1270	definitions; requiring the department to adopt rules
1271	establishing a protective action response policy;
1272	specifying when verbal and physical intervention
1273	techniques may be used; specifying prohibited uses of
1274	mechanical restraints; prohibiting use of aerosol and
1275	chemical agents; requiring the department to adopt
1276	rules establishing protection action response training
1277	curriculums and certification procedures; requiring
1278	department and provider direct care employees to be
1279	certified in protective action response within
1280	specified timeframes and to be supervised prior to
1281	certification; creating s. 985.4056, F.S.; creating
1282	the Juvenile Justice Accountability Commission;
1283	providing for membership; providing for ex officio
1284	associates; providing definitions; providing for
1285	meetings and voting requirements; providing for an
1286	executive director and staff; providing for
1287	commission's budget; providing for reimbursement of
1288	per diem and travel expenses; requiring the commission
1289	to contract for a the development of a comprehensive
1290	evaluation, accountability, and reporting system for
1291	juvenile justice programs; providing requirements for
1292	the system; requiring a report by the system provider;
1293	specifying commission duties; requiring reports by the
1294	commission; requiring the department to provide the
1295	commission with access to the Juvenile Justice
1296	Information System; requiring the commission to adopt
1297	rules; amending s. 985.412, F.S.; directing the
1298	department to collect and analyze specified data;
1299	creating and revising definitions; requiring the
1300	development of a standard methodology for annually
1301	measuring, evaluating, and reporting program outputs
1302	and youth outcomes; requiring an annual report;
1303	specifying report contents; deleting a requirement for
1304	an annual cost data report; deleting a requirement for
1305	a cost-benefit analysis of educational programs;
1306	revising a cost-effectiveness model for commitment
1307	programs; revising a cost-effectiveness report due
1308	date; revising requirements for annual quality
1309	assurance reporting; providing for termination of
1310	juvenile justice contracts and programs in specified
1311	circumstances; conforming provisions; requiring the
1312	department to adopt rules; deleting obsolete
1313	provisions relating to incentive and disincentive
1314	proposals and liquidated damages; amending ss. 958.046
1315	and 985.314, F.S.; conforming cross-references and
1316	terminology; creating the cost of supervision and care
1317	waiver pilot program in the Ninth Judicial Circuit;
1318	requiring waiver of fees imposed under s. 985.2311,
1319	F.S., for successful completion of specified parenting
1320	classes; providing conditions applicable to such
1321	waiver; providing for review of the pilot program and
1322	reports by the Office of Program Policy Analysis and
1323	Government Accountability; requiring the Juvenile
1324	Justice Accountability Commission to contract for the
1325	provision of parenting classes; providing for future
1326	repeal; providing legislative findings; providing
1327	definitions; creating a task force on juvenile cruelty
1328	to animals; providing powers and duties; requiring the
1329	task force to consider specified issues and make
1330	recommendations; providing membership; requiring a
1331	report; providing for administrative support and
1332	travel reimbursement; providing for dissolution of the
1333	task force; creating a Task Force on Juvenile Sexual
1334	Offenders and their Victims; providing definitions;
1335	providing membership; providing duties; requiring a
1336	report; providing for administrative support;
1337	prohibiting per diem and travel reimbursement;
1338	providing for dissolution of the task force; amending
1339	s. 27.51, F.S.; requiring that the public defender
1340	represent an indigent child taken into custody under
1341	specified delinquency provisions; amending s. 985.203,
1342	F.S.; requiring that a child be represented in
1343	specified delinquency court proceedings unless the
1344	right to counsel is waived after having an opportunity
1345	to confer with counsel; providing that counsel be
1346	permitted to advise a child after a specified point in
1347	delinquency court proceedings; requiring that the
1348	court appoint counsel for an indigent child if the
1349	child's parent or legal guardian is the alleged victim
1350	in the case; providing that the parents or legal
1351	guardian is not liable for fees, charges, or costs
1352	upon a finding by the court that a parent or legal
1353	guardian is a victim of the offense; providing for a

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