Amendment
Bill No. 0335
Amendment No. 622517
CHAMBER ACTION
Senate House
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1Representative Antone offered the following:
2
3     Amendment to Amendment (855553) (with title amendment)
4Remove lines 5-148 and insert:
5     Section 1.  Subsections (3) and (7) of section 985.04,
6Florida Statutes, are amended to read:
7     985.04  Oaths; records; confidential information.--
8     (3)(a)  Except as provided in subsections (2), (4), (5),
9and (6), and s. 943.053, all information obtained under this
10part in the discharge of official duty by any judge, any
11employee of the court, any authorized agent of the department of
12Juvenile Justice, the Parole Commission, the Department of
13Corrections, the juvenile justice circuit boards, any law
14enforcement agent, or any licensed professional or licensed
15community agency representative participating in the assessment
16or treatment of a juvenile is confidential and may be disclosed
17only to the authorized personnel of the court, the department of
18Juvenile Justice and its designees, the Department of
19Corrections, the Parole Commission, law enforcement agents,
20school superintendents and their designees, the principal of a
21private school attended by the juvenile, any licensed
22professional or licensed community agency representative
23participating in the assessment or treatment of a juvenile, and
24others entitled under this chapter to receive that information,
25or upon order of the court. Within each county, the sheriff, the
26chiefs of police, the district school superintendent, and the
27department shall enter into an interagency agreement for the
28purpose of sharing information about juvenile offenders among
29all parties. The agreement must specify the conditions under
30which summary criminal history information is to be made
31available to appropriate school personnel, and the conditions
32under which school records are to be made available to
33appropriate department personnel. Such agreement shall require
34notification to any classroom teacher of assignment to the
35teacher's classroom of a juvenile who has been placed in a
36probation or commitment program for a felony offense. The
37agencies entering into such agreement must comply with s.
38943.0525, and must maintain the confidentiality of information
39that is otherwise exempt from s. 119.07(1), as provided by law.
40     (b)  The department shall disclose to the school
41superintendent and the principal of a private school attended by
42the child the presence of any child in the care and custody or
43under the jurisdiction or supervision of the department who has
44a known history of criminal sexual behavior with other
45juveniles; is an alleged juvenile sex offender, as defined in s.
4639.01; or has pled guilty or nolo contendere to, or has been
47found to have committed, a violation of chapter 794, chapter
48796, chapter 800, s. 827.071, or s. 847.0133, regardless of
49adjudication. Any employee of a district school board or private
50school who knowingly and willfully discloses such information to
51an unauthorized person commits a misdemeanor of the second
52degree, punishable as provided in s. 775.082 or s. 775.083.
53     (7)(a)  Notwithstanding any other provision of this
54section, when a child of any age is taken into custody by a law
55enforcement officer for an offense that would have been a felony
56if committed by an adult, or a crime of violence, the law
57enforcement agency must notify the superintendent of schools, if
58the child attends public school, or the principal of a private
59school attended by the child, that the child is alleged to have
60committed the delinquent act.
61     (b)  Notwithstanding paragraph (a) or any other provision
62of this section, when a child of any age is formally charged by
63a state attorney with a felony or a delinquent act that would be
64a felony if committed by an adult, the state attorney shall
65notify the superintendent of schools, if the child attends
66public school, or the principal of a private school attended by
67the child, the child's school that the child has been charged
68with such felony or delinquent act. The information obtained by
69the superintendent of schools or private school principal
70pursuant to this section must be released within 48 hours after
71receipt to appropriate school personnel, including the principal
72of the public school of the child. The public or private school
73principal must immediately notify the child's immediate
74classroom teachers. Upon notification, the principal is
75authorized to begin disciplinary actions pursuant to s.
761006.09(1)-(4).
77     Section 2.  Paragraph (b) of subsection (1) of section
78985.207, Florida Statutes, is amended, and paragraph (e) is
79added 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
82circumstances:
83     (b)  For a delinquent act or violation of law, pursuant to
84Florida law pertaining to a lawful arrest. If such delinquent
85act or violation of law would be a felony if committed by an
86adult or involves a crime of violence, the arresting authority
87shall immediately notify the district school superintendent, or
88the superintendent's designee, of the school district with
89educational jurisdiction of the child or the principal of a
90private school attended by the child. Such notification shall
91include other education providers such as the Florida School for
92the Deaf and the Blind, university developmental research
93schools, and private elementary and secondary schools. The
94information obtained by the superintendent of schools or a
95private school principal pursuant to this section must be
96released within 48 hours after receipt to appropriate school
97personnel, including the principal of the child's public school,
98or as otherwise provided by law. The public or private school
99principal must immediately notify the child's immediate
100classroom teachers. Information provided by an arresting
101authority pursuant to this paragraph may not be placed in the
102student's permanent record and shall be removed from all school
103records no later than 9 months after the date of the arrest.
104     (e)  When a law enforcement officer has probable cause to
105believe that a child who is awaiting disposition has violated
106conditions imposed by the court under s. 985.228(5) in his or
107her order of adjudication of delinquency.
108
109Nothing in this subsection shall be construed to allow the
110detention of a child who does not meet the detention criteria in
111s. 985.215.
112     Section 3.  Subsection (2), paragraphs (d) and (g) of
113subsection (5), and paragraph (b) of subsection (11) of section
114985.215, Florida Statutes, are amended to read:
115     985.215  Detention.--
116     (2)  Subject to the provisions of subsection (1), a child
117taken into custody and placed into nonsecure or home detention
118care or detained in secure detention care prior to a detention
119hearing may continue to be detained by the court if:
120     (a)  The child is alleged to be an escapee from a
121residential commitment program, or an absconder from a
122nonresidential commitment program, a probation program, or
123conditional release supervision, or is alleged to have escaped
124while being lawfully transported to or from a residential
125commitment program.
126     (b)  The child is wanted in another jurisdiction for an
127offense which, if committed by an adult, would be a felony.
128     (c)  The child is charged with a delinquent act or
129violation of law and requests in writing through legal counsel
130to be detained for protection from an imminent physical threat
131to his or her personal safety.
132     (d)  The child is charged with committing an offense of
133domestic violence as defined in s. 741.28 and is detained as
134provided in s. 985.213(2)(b)3.
135     (e)  The child is charged with possession or discharging a
136firearm on school property in violation of s. 790.115.
137     (f)  The child is charged with a capital felony, a life
138felony, a felony of the first degree, a felony of the second
139degree that does not involve a violation of chapter 893, or a
140felony of the third degree that is also a crime of violence,
141including any such offense involving the use or possession of a
142firearm.
143     (g)  The child is charged with any second degree or third
144degree felony involving a violation of chapter 893 or any third
145degree felony that is not also a crime of violence, and the
146child:
147     1.  Has a record of failure to appear at court hearings
148after being properly notified in accordance with the Rules of
149Juvenile 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
152awaiting final disposition of the case;
153     4.  Has a record of violent conduct resulting in physical
154injury 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
157of the child's probation or conditional release supervision.
158However, a child detained under this paragraph may be held only
159in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
160consequence unit is not available, the child shall be placed on
161home detention with electronic monitoring.
162     (i)  The child is detained on a judicial order for failure
163to appear and has previously willfully failed to appear, after
164proper notice, for an adjudicatory hearing on the same case
165regardless of the results of the risk assessment instrument. A
166child may be held in secure detention for up to 72 hours in
167advance of the next scheduled court hearing pursuant to this
168paragraph. The child's failure to keep the clerk of court and
169defense counsel informed of a current and valid mailing address
170where the child will receive notice to appear at court
171proceedings does not provide an adequate ground for excusal of
172the child's nonappearance at the hearings.
173     (j)  The child is detained on a judicial order for failure
174to appear and has previously willfully failed to appear, after
175proper notice, at two or more court hearings of any nature on
176the same case regardless of the results of the risk assessment
177instrument. A child may be held in secure detention for up to 72
178hours in advance of the next scheduled court hearing pursuant to
179this paragraph. The child's failure to keep the clerk of court
180and defense counsel informed of a current and valid mailing
181address where the child will receive notice to appear at court
182proceedings does not provide an adequate ground for excusal of
183the child's nonappearance at the hearings.
184     (k)  At his or her adjudicatory hearing, the child has been
185found to have committed a delinquent act or violation of law and
186has previously willfully failed to appear, after proper notice,
187for other delinquency court proceedings of any nature regardless
188of the results of the risk assessment instrument. A child may be
189held in secure detention or, at the discretion of the court and
190if available, placed on home detention with electronic
191monitoring until the child's disposition order is entered in his
192or her case. The child's failure to keep the clerk of court and
193defense counsel informed of a current and valid mailing address
194where the child will receive notice to appear at court
195proceedings does not provide an adequate ground for excusal of
196the child's nonappearance at the hearings.
197
198A child who meets any of these criteria and who is ordered to be
199detained pursuant to this subsection shall be given a hearing
200within 24 hours after being taken into custody. The purpose of
201the detention hearing is to determine the existence of probable
202cause that the child has committed the delinquent act or
203violation of law with which he or she is charged and the need
204for continued detention, except where the child is alleged to
205have absconded from a nonresidential commitment program in which
206case the court, at the detention hearing, shall order that the
207child be released from detention and returned to his or her
208nonresidential commitment program. Unless a child is detained
209under paragraph (d), or paragraph (e), or paragraph (k), the
210court shall use the results of the risk assessment performed by
211the juvenile probation officer and, based on the criteria in
212this subsection, shall determine the need for continued
213detention. A child placed into secure, nonsecure, or home
214detention care may continue to be so detained by the court
215pursuant to this subsection. If the court orders a placement
216more restrictive than indicated by the results of the risk
217assessment instrument, the court shall state, in writing, clear
218and convincing reasons for such placement. Except as provided in
219s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
220paragraph (10)(c), or paragraph (10)(d), when a child is placed
221into secure or nonsecure detention care, or into a respite home
222or other placement pursuant to a court order following a
223hearing, the court order must include specific instructions that
224direct the release of the child from such placement no later
225than 5 p.m. on the last day of the detention period specified in
226paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
227whichever is applicable, unless the requirements of such
228applicable provision have been met or an order of continuance
229has been granted pursuant to paragraph (5)(f).
230     (5)
231     (d)  Except as provided in paragraph (2)(k), paragraph (g),
232or s. 985.228(5), a child may not be held in secure, nonsecure,
233or home detention care for more than 15 days following the entry
234of an order of adjudication.
235     (g)  Upon good cause being shown that the nature of the
236charge requires additional time for the prosecution or defense
237of the case, the court may extend the time limits for detention
238specified in paragraph (c) or paragraph (d) an additional 9 days
239if the child is charged with an offense that would be, if
240committed by an adult, a capital felony, a life felony, a felony
241of the first degree, or a felony of the second degree involving
242violence against any individual.
243     (11)
244     (b)  When a juvenile sexual offender, pursuant to this
245subsection, is released from detention or transferred to home
246detention or nonsecure detention, detention staff shall
247immediately notify the appropriate law enforcement agency and
248school personnel at the public or private school attended by the
249offender.
250
251======== T I T L E  A M E N D M E N T ========
252     Remove lines 768-776 and insert:
253An act relating to juvenile justice; amending s. 985.04, F.S.;
254authorizing disclosure of specified confidential juvenile
255records to private school principals; requiring the Department
256of Juvenile Justice, law enforcement agencies, and state
257attorneys to provide notice to private school principals of
258specified juvenile offenders; providing criminal penalties for a
259private school employee who improperly discloses specified
260confidential information; requiring private school principals to
261notify classroom teachers of specified information; amending s.
262985.207, F.S.; requiring the arresting authority to provide
263notice to private school principals of specified juvenile
264offenders; requiring private school principals to notify
265classroom teachers of specified information; permitting a law
266enforcement officer to take a child into custody for a violation
267of adjudication order conditions; amending s. 985.215, F.S.;
268permitting specified types of postadjudication detention for a
269child who has previously failed to appear at delinquency court
270proceedings regardless of risk assessment instrument results;
271providing exceptions that permit postadjudication detention
272until the child's disposition order is entered in his or her
273case; conforming cross-references; requiring detention staff to
274notify private school personnel of a juvenile sexual offender's
275release;


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