| 1 | Representative Antone offered the following: |
| 2 |
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| 3 | Amendment to Amendment (855553) (with title amendment) |
| 4 | Remove lines 5-148 and insert: |
| 5 | Section 1. Subsections (3) and (7) of section 985.04, |
| 6 | Florida Statutes, are amended to read: |
| 7 | 985.04 Oaths; records; confidential information.-- |
| 8 | (3)(a) Except as provided in subsections (2), (4), (5), |
| 9 | and (6), and s. 943.053, all information obtained under this |
| 10 | part in the discharge of official duty by any judge, any |
| 11 | employee of the court, any authorized agent of the department of |
| 12 | Juvenile Justice, the Parole Commission, the Department of |
| 13 | Corrections, the juvenile justice circuit boards, any law |
| 14 | enforcement agent, or any licensed professional or licensed |
| 15 | community agency representative participating in the assessment |
| 16 | or treatment of a juvenile is confidential and may be disclosed |
| 17 | only to the authorized personnel of the court, the department of |
| 18 | Juvenile Justice and its designees, the Department of |
| 19 | Corrections, the Parole Commission, law enforcement agents, |
| 20 | school superintendents and their designees, the principal of a |
| 21 | private school attended by the juvenile, any licensed |
| 22 | professional or licensed community agency representative |
| 23 | participating in the assessment or treatment of a juvenile, and |
| 24 | others entitled under this chapter to receive that information, |
| 25 | or upon order of the court. Within each county, the sheriff, the |
| 26 | chiefs of police, the district school superintendent, and the |
| 27 | department shall enter into an interagency agreement for the |
| 28 | purpose of sharing information about juvenile offenders among |
| 29 | all parties. The agreement must specify the conditions under |
| 30 | which summary criminal history information is to be made |
| 31 | available to appropriate school personnel, and the conditions |
| 32 | under which school records are to be made available to |
| 33 | appropriate department personnel. Such agreement shall require |
| 34 | notification to any classroom teacher of assignment to the |
| 35 | teacher's classroom of a juvenile who has been placed in a |
| 36 | probation or commitment program for a felony offense. The |
| 37 | agencies entering into such agreement must comply with s. |
| 38 | 943.0525, and must maintain the confidentiality of information |
| 39 | that is otherwise exempt from s. 119.07(1), as provided by law. |
| 40 | (b) The department shall disclose to the school |
| 41 | superintendent and the principal of a private school attended by |
| 42 | the child the presence of any child in the care and custody or |
| 43 | under the jurisdiction or supervision of the department who has |
| 44 | a known history of criminal sexual behavior with other |
| 45 | juveniles; is an alleged juvenile sex offender, as defined in s. |
| 46 | 39.01; or has pled guilty or nolo contendere to, or has been |
| 47 | found to have committed, a violation of chapter 794, chapter |
| 48 | 796, chapter 800, s. 827.071, or s. 847.0133, regardless of |
| 49 | adjudication. Any employee of a district school board or private |
| 50 | school who knowingly and willfully discloses such information to |
| 51 | an unauthorized person commits a misdemeanor of the second |
| 52 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 53 | (7)(a) Notwithstanding any other provision of this |
| 54 | section, when a child of any age is taken into custody by a law |
| 55 | enforcement officer for an offense that would have been a felony |
| 56 | if committed by an adult, or a crime of violence, the law |
| 57 | enforcement agency must notify the superintendent of schools, if |
| 58 | the child attends public school, or the principal of a private |
| 59 | school attended by the child, that the child is alleged to have |
| 60 | committed the delinquent act. |
| 61 | (b) Notwithstanding paragraph (a) or any other provision |
| 62 | of this section, when a child of any age is formally charged by |
| 63 | a state attorney with a felony or a delinquent act that would be |
| 64 | a felony if committed by an adult, the state attorney shall |
| 65 | notify the superintendent of schools, if the child attends |
| 66 | public school, or the principal of a private school attended by |
| 67 | the child, the child's school that the child has been charged |
| 68 | with such felony or delinquent act. The information obtained by |
| 69 | the superintendent of schools or private school principal |
| 70 | pursuant to this section must be released within 48 hours after |
| 71 | receipt to appropriate school personnel, including the principal |
| 72 | of the public school of the child. The public or private school |
| 73 | principal must immediately notify the child's immediate |
| 74 | classroom teachers. Upon notification, the principal is |
| 75 | authorized to begin disciplinary actions pursuant to s. |
| 76 | 1006.09(1)-(4). |
| 77 | Section 2. Paragraph (b) of subsection (1) of section |
| 78 | 985.207, Florida Statutes, is amended, and paragraph (e) is |
| 79 | added to that subsection, to read: |
| 80 | 985.207 Taking a child into custody.-- |
| 81 | (1) A child may be taken into custody under the following |
| 82 | circumstances: |
| 83 | (b) For a delinquent act or violation of law, pursuant to |
| 84 | Florida law pertaining to a lawful arrest. If such delinquent |
| 85 | act or violation of law would be a felony if committed by an |
| 86 | adult or involves a crime of violence, the arresting authority |
| 87 | shall immediately notify the district school superintendent, or |
| 88 | the superintendent's designee, of the school district with |
| 89 | educational jurisdiction of the child or the principal of a |
| 90 | private school attended by the child. Such notification shall |
| 91 | include other education providers such as the Florida School for |
| 92 | the Deaf and the Blind, university developmental research |
| 93 | schools, and private elementary and secondary schools. The |
| 94 | information obtained by the superintendent of schools or a |
| 95 | private school principal pursuant to this section must be |
| 96 | released within 48 hours after receipt to appropriate school |
| 97 | personnel, including the principal of the child's public school, |
| 98 | or as otherwise provided by law. The public or private school |
| 99 | principal must immediately notify the child's immediate |
| 100 | classroom teachers. Information provided by an arresting |
| 101 | authority pursuant to this paragraph may not be placed in the |
| 102 | student's permanent record and shall be removed from all school |
| 103 | records no later than 9 months after the date of the arrest. |
| 104 | (e) When a law enforcement officer has probable cause to |
| 105 | believe that a child who is awaiting disposition has violated |
| 106 | conditions imposed by the court under s. 985.228(5) in his or |
| 107 | her order of adjudication of delinquency. |
| 108 |
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| 109 | Nothing in this subsection shall be construed to allow the |
| 110 | detention of a child who does not meet the detention criteria in |
| 111 | s. 985.215. |
| 112 | Section 3. Subsection (2), paragraphs (d) and (g) of |
| 113 | subsection (5), and paragraph (b) of subsection (11) of section |
| 114 | 985.215, Florida Statutes, are amended to read: |
| 115 | 985.215 Detention.-- |
| 116 | (2) Subject to the provisions of subsection (1), a child |
| 117 | taken into custody and placed into nonsecure or home detention |
| 118 | care or detained in secure detention care prior to a detention |
| 119 | hearing may continue to be detained by the court if: |
| 120 | (a) The child is alleged to be an escapee from a |
| 121 | residential commitment program, or an absconder from a |
| 122 | nonresidential commitment program, a probation program, or |
| 123 | conditional release supervision, or is alleged to have escaped |
| 124 | while being lawfully transported to or from a residential |
| 125 | commitment program. |
| 126 | (b) The child is wanted in another jurisdiction for an |
| 127 | offense which, if committed by an adult, would be a felony. |
| 128 | (c) The child is charged with a delinquent act or |
| 129 | violation of law and requests in writing through legal counsel |
| 130 | to be detained for protection from an imminent physical threat |
| 131 | to his or her personal safety. |
| 132 | (d) The child is charged with committing an offense of |
| 133 | domestic violence as defined in s. 741.28 and is detained as |
| 134 | provided in s. 985.213(2)(b)3. |
| 135 | (e) The child is charged with possession or discharging a |
| 136 | firearm on school property in violation of s. 790.115. |
| 137 | (f) The child is charged with a capital felony, a life |
| 138 | felony, a felony of the first degree, a felony of the second |
| 139 | degree that does not involve a violation of chapter 893, or a |
| 140 | felony of the third degree that is also a crime of violence, |
| 141 | including any such offense involving the use or possession of a |
| 142 | firearm. |
| 143 | (g) The child is charged with any second degree or third |
| 144 | degree felony involving a violation of chapter 893 or any third |
| 145 | degree felony that is not also a crime of violence, and the |
| 146 | child: |
| 147 | 1. Has a record of failure to appear at court hearings |
| 148 | after being properly notified in accordance with the Rules of |
| 149 | Juvenile Procedure; |
| 150 | 2. Has a record of law violations prior to court hearings; |
| 151 | 3. Has already been detained or has been released and is |
| 152 | awaiting final disposition of the case; |
| 153 | 4. Has a record of violent conduct resulting in physical |
| 154 | injury to others; or |
| 155 | 5. Is found to have been in possession of a firearm. |
| 156 | (h) The child is alleged to have violated the conditions |
| 157 | of the child's probation or conditional release supervision. |
| 158 | However, a child detained under this paragraph may be held only |
| 159 | in a consequence unit as provided in s. 985.231(1)(a)1.c. If a |
| 160 | consequence unit is not available, the child shall be placed on |
| 161 | home detention with electronic monitoring. |
| 162 | (i) The child is detained on a judicial order for failure |
| 163 | to appear and has previously willfully failed to appear, after |
| 164 | proper notice, for an adjudicatory hearing on the same case |
| 165 | regardless of the results of the risk assessment instrument. A |
| 166 | child may be held in secure detention for up to 72 hours in |
| 167 | advance of the next scheduled court hearing pursuant to this |
| 168 | paragraph. The child's failure to keep the clerk of court and |
| 169 | defense counsel informed of a current and valid mailing address |
| 170 | where the child will receive notice to appear at court |
| 171 | proceedings does not provide an adequate ground for excusal of |
| 172 | the child's nonappearance at the hearings. |
| 173 | (j) The child is detained on a judicial order for failure |
| 174 | to appear and has previously willfully failed to appear, after |
| 175 | proper notice, at two or more court hearings of any nature on |
| 176 | the same case regardless of the results of the risk assessment |
| 177 | instrument. A child may be held in secure detention for up to 72 |
| 178 | hours in advance of the next scheduled court hearing pursuant to |
| 179 | this paragraph. The child's failure to keep the clerk of court |
| 180 | and defense counsel informed of a current and valid mailing |
| 181 | address where the child will receive notice to appear at court |
| 182 | proceedings does not provide an adequate ground for excusal of |
| 183 | the child's nonappearance at the hearings. |
| 184 | (k) At his or her adjudicatory hearing, the child has been |
| 185 | found to have committed a delinquent act or violation of law and |
| 186 | has previously willfully failed to appear, after proper notice, |
| 187 | for other delinquency court proceedings of any nature regardless |
| 188 | of the results of the risk assessment instrument. A child may be |
| 189 | held in secure detention or, at the discretion of the court and |
| 190 | if available, placed on home detention with electronic |
| 191 | monitoring until the child's disposition order is entered in his |
| 192 | or her case. The child's failure to keep the clerk of court and |
| 193 | defense counsel informed of a current and valid mailing address |
| 194 | where the child will receive notice to appear at court |
| 195 | proceedings does not provide an adequate ground for excusal of |
| 196 | the child's nonappearance at the hearings. |
| 197 |
|
| 198 | A child who meets any of these criteria and who is ordered to be |
| 199 | detained pursuant to this subsection shall be given a hearing |
| 200 | within 24 hours after being taken into custody. The purpose of |
| 201 | the detention hearing is to determine the existence of probable |
| 202 | cause that the child has committed the delinquent act or |
| 203 | violation of law with which he or she is charged and the need |
| 204 | for continued detention, except where the child is alleged to |
| 205 | have absconded from a nonresidential commitment program in which |
| 206 | case the court, at the detention hearing, shall order that the |
| 207 | child be released from detention and returned to his or her |
| 208 | nonresidential commitment program. Unless a child is detained |
| 209 | under paragraph (d), or paragraph (e), or paragraph (k), the |
| 210 | court shall use the results of the risk assessment performed by |
| 211 | the juvenile probation officer and, based on the criteria in |
| 212 | this subsection, shall determine the need for continued |
| 213 | detention. A child placed into secure, nonsecure, or home |
| 214 | detention care may continue to be so detained by the court |
| 215 | pursuant to this subsection. If the court orders a placement |
| 216 | more restrictive than indicated by the results of the risk |
| 217 | assessment instrument, the court shall state, in writing, clear |
| 218 | and convincing reasons for such placement. Except as provided in |
| 219 | s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b), |
| 220 | paragraph (10)(c), or paragraph (10)(d), when a child is placed |
| 221 | into secure or nonsecure detention care, or into a respite home |
| 222 | or other placement pursuant to a court order following a |
| 223 | hearing, the court order must include specific instructions that |
| 224 | direct the release of the child from such placement no later |
| 225 | than 5 p.m. on the last day of the detention period specified in |
| 226 | paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., |
| 227 | whichever is applicable, unless the requirements of such |
| 228 | applicable provision have been met or an order of continuance |
| 229 | has been granted pursuant to paragraph (5)(f). |
| 230 | (5) |
| 231 | (d) Except as provided in paragraph (2)(k), paragraph (g), |
| 232 | or s. 985.228(5), a child may not be held in secure, nonsecure, |
| 233 | or home detention care for more than 15 days following the entry |
| 234 | of an order of adjudication. |
| 235 | (g) Upon good cause being shown that the nature of the |
| 236 | charge requires additional time for the prosecution or defense |
| 237 | of the case, the court may extend the time limits for detention |
| 238 | specified in paragraph (c) or paragraph (d) an additional 9 days |
| 239 | if the child is charged with an offense that would be, if |
| 240 | committed by an adult, a capital felony, a life felony, a felony |
| 241 | of the first degree, or a felony of the second degree involving |
| 242 | violence against any individual. |
| 243 | (11) |
| 244 | (b) When a juvenile sexual offender, pursuant to this |
| 245 | subsection, is released from detention or transferred to home |
| 246 | detention or nonsecure detention, detention staff shall |
| 247 | immediately notify the appropriate law enforcement agency and |
| 248 | school personnel at the public or private school attended by the |
| 249 | offender. |
| 250 |
|
| 251 | ======== T I T L E A M E N D M E N T ======== |
| 252 | Remove lines 768-776 and insert: |
| 253 | An act relating to juvenile justice; amending s. 985.04, F.S.; |
| 254 | authorizing disclosure of specified confidential juvenile |
| 255 | records to private school principals; requiring the Department |
| 256 | of Juvenile Justice, law enforcement agencies, and state |
| 257 | attorneys to provide notice to private school principals of |
| 258 | specified juvenile offenders; providing criminal penalties for a |
| 259 | private school employee who improperly discloses specified |
| 260 | confidential information; requiring private school principals to |
| 261 | notify classroom teachers of specified information; amending s. |
| 262 | 985.207, F.S.; requiring the arresting authority to provide |
| 263 | notice to private school principals of specified juvenile |
| 264 | offenders; requiring private school principals to notify |
| 265 | classroom teachers of specified information; permitting a law |
| 266 | enforcement officer to take a child into custody for a violation |
| 267 | of adjudication order conditions; amending s. 985.215, F.S.; |
| 268 | permitting specified types of postadjudication detention for a |
| 269 | child who has previously failed to appear at delinquency court |
| 270 | proceedings regardless of risk assessment instrument results; |
| 271 | providing exceptions that permit postadjudication detention |
| 272 | until the child's disposition order is entered in his or her |
| 273 | case; conforming cross-references; requiring detention staff to |
| 274 | notify private school personnel of a juvenile sexual offender's |
| 275 | release; |