Amendment
Bill No. 5019

Amendment No. 236507

CHAMBER ACTION
Senate		House
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1	Representative Barreiro offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (47) of section 39.01, Florida
6	Statutes, is amended to read:
7	39.01  Definitions.--When used in this chapter, unless the
8	context otherwise requires:
9	(47)  "Other person responsible for a child's welfare"
10	includes the child's legal guardian, legal custodian, or foster
11	parent; an employee of a private school, public or private child
12	day care center, residential home, institution, facility, or
13	agency; a law enforcement officer employed in any facility,
14	service, or program for children that is operated or contracted
15	by the Department of Juvenile Justice; or any other person
16	legally responsible for the child's welfare in a residential
17	setting; and also includes an adult sitter or relative entrusted
18	with a child's care. For the purpose of departmental
19	investigative jurisdiction, this definition does not include the
20	following persons when they are acting in an official capacity:
21	law enforcement officers, except as otherwise provided in this
22	subsection; or employees of municipal or county detention
23	facilities; or employees of the Department of Corrections, while
24	acting in an official capacity.
25	Section 2.  Paragraph (e) is added to subsection (1) of
26	section 985.207, Florida Statutes, to read:
27	985.207  Taking a child into custody.--
28	(1)  A child may be taken into custody under the following
29	circumstances:
30	(e)  When a law enforcement officer has probable cause to
31	believe that a child who is awaiting disposition has violated
32	conditions imposed by the court under s. 985.228(5) in his or
33	her order of adjudication of delinquency.
34
35	Nothing in this subsection shall be construed to allow the
36	detention of a child who does not meet the detention criteria in
37	s. 985.215.
38	Section 3.  Subsection (2) and paragraphs (d) and (g) of
39	subsection (5) of section 985.215, Florida Statutes, are amended
40	to read:
41	985.215  Detention.--
42	(2)  Subject to the provisions of subsection (1), a child
43	taken into custody and placed into nonsecure or home detention
44	care or detained in secure detention care prior to a detention
45	hearing may continue to be detained by the court if:
46	(a)  The child is alleged to be an escapee from a
47	residential commitment program, or an absconder from a
48	nonresidential commitment program, a probation program, or
49	conditional release supervision, or is alleged to have escaped
50	while being lawfully transported to or from a residential
51	commitment program.
52	(b)  The child is wanted in another jurisdiction for an
53	offense which, if committed by an adult, would be a felony.
54	(c)  The child is charged with a delinquent act or
55	violation of law and requests in writing through legal counsel
56	to be detained for protection from an imminent physical threat
57	to his or her personal safety.
58	(d)  The child is charged with committing an offense of
59	domestic violence as defined in s. 741.28 and is detained as
60	provided in s. 985.213(2)(b)3.
61	(e)  The child is charged with possession or discharging a
62	firearm on school property in violation of s. 790.115.
63	(f)  The child is charged with a capital felony, a life
64	felony, a felony of the first degree, a felony of the second
65	degree that does not involve a violation of chapter 893, or a
66	felony of the third degree that is also a crime of violence,
67	including any such offense involving the use or possession of a
68	firearm.
69	(g)  The child is charged with any second degree or third
70	degree felony involving a violation of chapter 893 or any third
71	degree felony that is not also a crime of violence, and the
72	child:
73	1.  Has a record of failure to appear at court hearings
74	after being properly notified in accordance with the Rules of
75	Juvenile Procedure;
76	2.  Has a record of law violations prior to court hearings;
77	3.  Has already been detained or has been released and is
78	awaiting final disposition of the case;
79	4.  Has a record of violent conduct resulting in physical
80	injury to others; or
81	5.  Is found to have been in possession of a firearm.
82	(h)  The child is alleged to have violated the conditions
83	of the child's probation or conditional release supervision.
84	However, a child detained under this paragraph may be held only
85	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
86	consequence unit is not available, the child shall be placed on
87	home detention with electronic monitoring.
88	(i)  The child is detained on a judicial order for failure
89	to appear and has previously willfully failed to appear, after
90	proper notice, for an adjudicatory hearing on the same case
91	regardless of the results of the risk assessment instrument. A
92	child may be held in secure detention for up to 72 hours in
93	advance of the next scheduled court hearing pursuant to this
94	paragraph. The child's failure to keep the clerk of court and
95	defense counsel informed of a current and valid mailing address
96	where the child will receive notice to appear at court
97	proceedings does not provide an adequate ground for excusal of
98	the child's nonappearance at the hearings.
99	(j)  The child is detained on a judicial order for failure
100	to appear and has previously willfully failed to appear, after
101	proper notice, at two or more court hearings of any nature on
102	the same case regardless of the results of the risk assessment
103	instrument. A child may be held in secure detention for up to 72
104	hours in advance of the next scheduled court hearing pursuant to
105	this paragraph. The child's failure to keep the clerk of court
106	and defense counsel informed of a current and valid mailing
107	address where the child will receive notice to appear at court
108	proceedings does not provide an adequate ground for excusal of
109	the child's nonappearance at the hearings.
110	(k)  At his or her adjudicatory hearing, the child has been
111	found to have committed a delinquent act or violation of law and
112	has previously willfully failed to appear, after proper notice,
113	for other delinquency court proceedings of any nature regardless
114	of the results of the risk assessment instrument. A child may be
115	held in secure detention or, at the discretion of the court and
116	if available, placed on home detention with electronic
117	monitoring until the child's disposition order is entered in his
118	or her case. The child's failure to keep the clerk of court and
119	defense counsel informed of a current and valid mailing address
120	where the child will receive notice to appear at court
121	proceedings does not provide an adequate ground for excusal of
122	the child's nonappearance at the hearings.
123
124	A child who meets any of these criteria and who is ordered to be
125	detained pursuant to this subsection shall be given a hearing
126	within 24 hours after being taken into custody. The purpose of
127	the detention hearing is to determine the existence of probable
128	cause that the child has committed the delinquent act or
129	violation of law with which he or she is charged and the need
130	for continued detention, except where the child is alleged to
131	have absconded from a nonresidential commitment program in which
132	case the court, at the detention hearing, shall order that the
133	child be released from detention and returned to his or her
134	nonresidential commitment program. Unless a child is detained
135	under paragraph (d), or paragraph (e), or paragraph (k), the
136	court shall use the results of the risk assessment performed by
137	the juvenile probation officer and, based on the criteria in
138	this subsection, shall determine the need for continued
139	detention. A child placed into secure, nonsecure, or home
140	detention care may continue to be so detained by the court
141	pursuant to this subsection. If the court orders a placement
142	more restrictive than indicated by the results of the risk
143	assessment instrument, the court shall state, in writing, clear
144	and convincing reasons for such placement. Except as provided in
145	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
146	paragraph (10)(c), or paragraph (10)(d), when a child is placed
147	into secure or nonsecure detention care, or into a respite home
148	or other placement pursuant to a court order following a
149	hearing, the court order must include specific instructions that
150	direct the release of the child from such placement no later
151	than 5 p.m. on the last day of the detention period specified in
152	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
153	whichever is applicable, unless the requirements of such
154	applicable provision have been met or an order of continuance
155	has been granted pursuant to paragraph (5)(f).
156	(5)
157	(d)  Except as provided in paragraph (2)(k), paragraph (g),
158	or s. 985.228(5), a child may not be held in secure, nonsecure,
159	or home detention care for more than 15 days following the entry
160	of an order of adjudication.
161	(g)  Upon good cause being shown that the nature of the
162	charge requires additional time for the prosecution or defense
163	of the case, the court may extend the time limits for detention
164	specified in paragraph (c) or paragraph (d) an additional 9 days
165	if the child is charged with an offense that would be, if
166	committed by an adult, a capital felony, a life felony, a felony
167	of the first degree, or a felony of the second degree involving
168	violence against any individual.
169	Section 4.  Paragraph (b) of subsection (2) of section
170	985.2155, Florida Statutes, is amended to read:
171	985.2155  Shared county and state responsibility for
172	juvenile detention.--
173	(2)  As used in this section, the term:
174	(b)  "Fiscally constrained county" means a county
175	designated as a rural area of critical economic concern under s.
176	288.0656 for which the value of a mill in the county is no more
177	than $4 $3 million, based on the property valuations and tax
178	data annually published by the Department of Revenue under s.
179	195.052.
180	Section 5.  Subsection (5) of section 985.228, Florida
181	Statutes, is amended to read:
182	985.228  Adjudicatory hearings; withheld adjudications;
183	orders of adjudication.--
184	(5)(a)  If the court finds that the child named in a
185	petition has committed a delinquent act or violation of law, but
186	elects not to proceed under subsection (4), it shall incorporate
187	that finding in an order of adjudication of delinquency entered
188	in the case, briefly stating the facts upon which the finding is
189	made, and the court shall thereafter have full authority under
190	this chapter to deal with the child as adjudicated.
191	(b)  The order of adjudication of delinquency under
192	paragraph (a) shall also include conditions that must be
193	followed by the child until a disposition order is entered in
194	his or her case. These conditions must include, but are not
195	limited to, specifying that the child, during any period of time
196	that he or she:
197	1.  Is not in secure detention, must comply with a curfew;
198	must attend school or another educational program, if eligible;
199	and is prohibited from engaging in ungovernable behavior.
200	2.  Is in secure detention, is prohibited from engaging in
201	ungovernable behavior.
202	(c)  For purposes of this subsection, the term
203	"ungovernable behavior" means:
204	1.  The child's failing to obey the reasonable and lawful
205	demands of the child's parent or legal guardian and, where
206	applicable, the reasonable and lawful demands of a person
207	responsible for supervising the child while he or she is in
208	school, another educational program, or secure detention.
209	2.  The child engaging in behavior that evidences a risk
210	that the child may fail to appear for future court proceedings
211	or may inflict harm upon others or the property of others.
212	3.  Other behavior of the child as specified in writing by
213	the court in the order of adjudication of delinquency.
214	(d)  If a child willfully violates a condition contained in
215	his or her order of adjudication of delinquency, the court may
216	find the child in direct or indirect contempt of court under s.
217	985.216; however, notwithstanding s. 985.216 and the results of
218	the risk assessment instrument, the child's sanctions for such
219	contempt of court shall be placement in secure detention or, at
220	the discretion of the court and if available, on home detention
221	with electronic monitoring until the child's disposition order
222	is entered in his or her case.
223	Section 6.  Paragraph (j) of subsection (1) of section
224	985.231, Florida Statutes, is amended to read:
225	985.231  Powers of disposition in delinquency cases.--
226	(1)
227	(j)  If the offense committed by the child was grand theft
228	of a motor vehicle, the court:
229	1.  Upon a first adjudication for a grand theft of a motor
230	vehicle, may place the child youth in a sheriff's training and
231	respect program boot camp, unless the child is ineligible under
232	s. 985.3091 pursuant to s. 985.309, and shall order the child
233	youth to complete a minimum of 50 hours of community service.
234	2.  Upon a second adjudication for grand theft of a motor
235	vehicle which is separate and unrelated to the previous
236	adjudication, may place the child youth in a sheriff's training
237	and respect program boot camp, unless the child is ineligible
238	under s. 985.3091 pursuant to s. 985.309, and shall order the
239	child youth to complete a minimum of 100 hours of community
240	service.
241	3.  Upon a third adjudication for grand theft of a motor
242	vehicle which is separate and unrelated to the previous
243	adjudications, shall place the child youth in a sheriff's
244	training and respect program boot camp or other treatment
245	program, unless the child is ineligible under s. 985.3091
246	pursuant to s. 985.309, and shall order the child youth to
247	complete a minimum of 250 hours of community service.
248	Section 7.  Section 985.309, Florida Statutes, is repealed.
249	Section 8.  Section 985.3091, Florida Statutes, is created
250	to read:
251	985.3091  Sheriff's training and respect programs.--
252	(1)  Contingent upon specific appropriation, local funding,
253	or specific appropriation and local funding, a county sheriff
254	may, under contract with the department, implement and operate a
255	sheriff's training and respect program to provide intensive
256	education, physical training, and rehabilitation for children
257	who are eligible under subsection (2). A sheriff's training and
258	respect program shall be under the sheriff's supervisory
259	authority as determined by the contract between the department
260	and the sheriff.
261	(2)  A child is eligible for placement in a sheriff's
262	training and respect program if he or she:
263	(a)  Is at least 14 years of age but less than 18 years of
264	age at the time of adjudication.
265	(b)  Has been committed to the department for any offense
266	that, if committed by an adult, would be a felony other than a
267	capital felony, a life felony, or a violent felony of the first
268	degree.
269	(c)  Has a medical, psychological, and substance abuse
270	profile that is conducive to successful completion of the
271	program, as determined by the sheriff's and department's review
272	of preadmission medical, psychological, and substance abuse
273	screenings conducted by the department.
274	(d)  Will be placed in the judicial circuit in which the
275	child was adjudicated, except that the child may be placed
276	outside of that judicial circuit if:
277	1.  The department, or the court if otherwise authorized by
278	law to select a commitment program within a restrictiveness
279	level for a child, determines that placement within the judicial
280	circuit would not be in the child's best interest or the
281	sheriff's training and respect program is unable to accept the
282	child; and
283	2.  The child's parent or guardian agrees in writing to the
284	placement.
285	(3)  A sheriff's training and respect program shall require
286	children to:
287	(a)  Participate in physical training exercises.
288	(b)  Complete educational, vocational, community service,
289	and substance abuse programs.
290	(c)  Receive training in life and job skills and in
291	techniques for appropriate decisionmaking.
292	(d)  Receive counseling that is directed at replacing
293	criminal thinking, beliefs, and values with moral thinking,
294	beliefs, and values.
295	(4)  A sheriff's training and respect program shall be a
296	moderate-risk residential program and must provide conditional
297	release assessment and services in accordance with s. 985.316.
298	The minimum period of participation in the residential component
299	of a sheriff's training and respect program is 4 months;
300	however, this subsection does not prohibit operation of a
301	program that requires the participants to spend more than 4
302	months in the residential component of the program or that
303	requires the participants to complete two sequential programs of
304	4 months each in the residential component of the program.
305	(5)  The department shall adopt rules under ss. 120.536(1)
306	and 120.54 for the sheriff's training and respect program that
307	specify:
308	(a)  Requirements for the preadmission medical,
309	psychological, and substance abuse screenings required by
310	subsection (2).
311	(b)  Authorized disciplinary sanctions and restrictions on
312	the privileges of the general population of children in the
313	program. The rules must prohibit the use of physical force or
314	restraint except as authorized in rules adopted pursuant to s.
315	985.4055 and must specifically preclude the use of physical
316	force or restraint as a disciplinary sanction or to encourage
317	compliance with program requirements.
318	(c)  Prohibitions on the use of psychological intimidation
319	techniques, unless necessary for the safety of youth or other
320	persons or to maintain security.
321	(d)  Requirements for provision of notice by the program to
322	the department and for the removal of a child from the program
323	if the child becomes unmanageable or ineligible for the program
324	due to changes in his or her medical, psychological, or
325	substance abuse profile.
326	(e)  Requirements for the prominent display of the
327	telephone number of the statewide abuse registry and for
328	immediate access by children in the program, upon request, to a
329	telephone for the purpose of contacting the abuse registry.
330	(6)(a)  Evaluations under s. 985.412(5) of each sheriff's
331	training and respect program shall be conducted quarterly during
332	the first year of the program's operation. Thereafter, if the
333	program has met the minimum thresholds for the evaluation, the
334	program shall be evaluated annually. If a sheriff's training and
335	respect program fails to meet the minimum thresholds, the
336	department shall cancel the contract for the program:
337	1.  Immediately if the program has a deficiency in a
338	critical life safety aspect of its operations, as defined in
339	department rule, or has failed to train and certify its
340	employees as required in s. 985.4055.
341	2.  If the program fails to achieve compliance with the
342	minimum thresholds for program continuation within 3 months,
343	unless there are documented extenuating circumstances, as
344	defined in department rule.
345	(b)  Upon cancellation of a contract under paragraph (a),
346	the program's operations shall immediately cease and the
347	department shall immediately discontinue any state payments to
348	the program.
349	(7)  The department shall keep records and monitor criminal
350	activity, educational progress, and employment placement of all
351	sheriff's training and respect program participants after their
352	release from the program. The department must annually publish
353	an outcome evaluation study of each sheriff's training and
354	respect program.
355	(8)(a)  The department shall adopt rules under ss.
356	120.536(1) and 120.54 that establish training requirements for
357	staff in a sheriff's training and respect program. These
358	requirements shall, at a minimum, require administrative staff
359	to successfully complete 120 contact hours of department-
360	approved training and staff who provide direct care, as defined
361	in s. 985.4055, to successfully complete 200 contact hours of
362	department-approved training.
363	(b)  Department-approved training must include, but is not
364	limited to, training on:
365	1.  State and federal laws relating to child abuse.
366	2.  Authorized disciplinary sanctions, privilege
367	restrictions, and limitations on use of physical force and
368	restraint techniques under paragraph (5)(b) and prohibited
369	psychological intimidation techniques under paragraph (5)(c).
370	3.  Appropriate counseling techniques and aggression
371	control methods.
372	4.  Appropriate methods for dealing with children who have
373	been placed in programs that emphasize physical fitness and
374	personal discipline, including training on the identification
375	of, and appropriate responses to, children who are experiencing
376	physical or mental distress.
377	5.  Cardiopulmonary resuscitation, choke-relief, and other
378	emergency medical procedures.
379	(c)  All department-approved training courses under this
380	subsection must be taught by persons who are certified as
381	instructors by the Division of Criminal Justice Standards and
382	Training of the Department of Law Enforcement and who have prior
383	experience in a juvenile program. A training course in
384	counseling techniques need not be taught by a certified
385	instructor but must be taught by a person who has at least a
386	bachelor's degree in social work, counseling, psychology, or a
387	related field.
388	(d)  A person may not provide direct care, as defined in s.
389	985.4055, to a child in a sheriff's training and respect program
390	unless he or she has successfully completed the training
391	requirements under this subsection and has complied with the
392	requirements for employees under s. 985.4055(2)(b)-(d).
393	(9)  Children shall not be admitted to a sheriff's training
394	and respect program until the department has adopted the rules
395	required by this section and has verified that each program is
396	in compliance with all laws and rules applicable to the program.
397	The department may adopt emergency rules pursuant to s.
398	120.54(4) if necessary to allow operation of sheriff's training
399	and respect programs beginning July 1, 2006.
400	Section 9.  Paragraph (i) of subsection (3) of section
401	985.311, Florida Statutes, is amended to read:
402	985.311  Intensive residential treatment program for
403	offenders less than 13 years of age.--
404	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
405	TREATMENT.--
406	(i)  The treatment and placement recommendations shall be
407	submitted to the court for further action pursuant to this
408	paragraph:
409	1.  If it is recommended that placement in an intensive
410	residential treatment program for offenders less than 13 years
411	of age is inappropriate, the court shall make an alternative
412	disposition pursuant to s. 985.3091 985.309 or other alternative
413	sentencing as applicable, utilizing the recommendation as a
414	guide.
415	2.  If it is recommended that placement in an intensive
416	residential treatment program for offenders less than 13 years
417	of age is appropriate, the court may commit the child to the
418	department for placement in the restrictiveness level designated
419	for intensive residential treatment program for offenders less
420	than 13 years of age.
421	Section 10.  Section 985.4055, Florida Statutes, is created
422	to read:
423	985.4055  Protective action response.--
424	(1)  For purposes of this section, the term:
425	(a)  "Direct care" means the care, supervision, custody, or
426	control of youth in any facility, service, or program that is
427	operated by the department or by a provider under contract with
428	the department.
429	(b)  "Employee" means any person who exercises direct care.
430	(c)  "Protective Action Response policy" means the policy
431	governing the use of verbal and physical intervention
432	techniques, mechanical restraints, and aerosol and chemical
433	agents by employees.
434	(2)  The department shall adopt rules under ss. 120.536(1)
435	and 120.54 that:
436	(a)  Establish a Protective Action Response policy that:
437	1.  Defines the authorized level of response by an employee
438	to each level of verbal or physical resistance by a youth.
439	2.  Requires the use of verbal intervention techniques as
440	the initial response by an employee to verbal or physical
441	resistance by a youth, except where physical intervention
442	techniques are necessary to prevent:
443	a.  Physical harm to the youth, employee, or another
444	person;
445	b.  Property damage; or
446	c.  The youth from escaping or absconding from lawful
447	supervision.
448	3.  Defines authorized physical intervention techniques and
449	the situations under which employees may use these techniques
450	for youth. Pain compliance techniques and use of less than
451	lethal force shall be prohibited, except where necessary to
452	prevent:
453	a.  Physical harm to the youth, employee, or another
454	person;
455	b.  Property damage; or
456	c.  The youth from escaping or absconding from lawful
457	supervision.
458
459	Lethal force shall be prohibited, except where necessary to
460	protect the employee or another person from an imminent threat
461	of great bodily harm or death. Prior authorization by an
462	employee's supervisor for the use of physical intervention
463	techniques shall be obtained when practical.
464	4.  Defines authorized use of mechanical restraints and the
465	situations under which employees may use such restraints on
466	youth. Prohibited uses of mechanical restraints shall include
467	the use of neck restraints and the securing of a youth to a
468	fixed object. Supervision requirements for youth who are secured
469	in mechanical restraints shall include constant and direct
470	visual monitoring by an employee for purposes of insuring youth
471	safety and ascertaining indications by the youth that restraints
472	are no longer necessary. Prior authorization by an employee's
473	supervisor for the use of mechanical restraints shall be
474	obtained when practical.
475	5.  Prohibits employee use of aerosol or chemical agents,
476	including, but not limited to, oleoresin capsicum spray and
477	ammonia capsules, on a youth unless required for medical
478	treatment of the youth by a licensed medical professional.
479	(b)  Establish training curriculums for protective action
480	response certification of employees and instructors. The
481	training curriculum for employee certification shall, at a
482	minimum, require the employee to:
483	1.  Complete 40 hours of instruction on the protective
484	action response policy.
485	2.  Obtain a passing score:
486	a.  On a written examination that tests the employee's
487	knowledge and understanding of the protective action response
488	policy.
489	b.  During an evaluation by an instructor of the employee's
490	physically demonstrated ability to implement the protective
491	action response policy.
492	(c)  Require training curriculums for protective action
493	response certification of employees to be taught by instructors
494	who have been certified under the training curriculum for
495	protective action response certification of instructors.
496	(d)  Require each employee to have:
497	1.  Completed the instruction required under subparagraph
498	(b)1 within 90 days.
499	2.  Received his or her protective action response
500	certification within 90 days.
501	3.  Direct supervision during the 90-day period prior to
502	completing the instruction and certification requirements under
503	subparagraphs 1. and 2. by an employee who had received the
504	training and certification required by subparagraphs 1. and 2.
505	Section 11.  Section 985.4056, Florida Statutes, is created
506	to read:
507	985.4056  Juvenile Justice Accountability Commission.--
508	(1)  CREATION; MEMBERSHIP.--
509	(a)  The Juvenile Justice Accountability Commission is
510	created and administratively housed within the department. The
511	commission shall be composed of seven members appointed by the
512	Governor. Each member of the commission must have direct
513	experience in juvenile justice issues and must be a citizen of
514	and registered voter in this state. The composition of the
515	commission must equitably represent all geographic areas of the
516	state and include minorities and women.
517	(b)  Within the 2-year period preceding his or her
518	appointment, a member of the commission may not have been, and
519	during the 2-year period following termination of his or her
520	appointment, a member of the commission may not be:
521	1.  An employee of, a consultant to, or a provider under
522	contract with the department.
523	2.  A contractor, or an employee or a consultant thereof,
524	who submits a bid, proposal, or reply in response to a
525	competitive solicitation issued by the commission.
526	(c)  Each member of the commission shall serve a term of 4
527	years; however, for the purpose of providing staggered terms, of
528	the initial appointments, three members shall serve 2-year terms
529	and four members shall serve 4-year terms. Any vacancy on the
530	commission shall be filled in the same manner as the original
531	appointment within 60 days after the date upon which the vacancy
532	occurred, and any member appointed to fill a vacancy shall serve
533	only for the unexpired term of the member's predecessor. The
534	chairperson of the commission shall be selected by the members
535	for a term of 1 year.
536	(d)  In addition to the membership specified under this
537	subsection, the commission shall invite ex officio, nonvoting
538	associates to attend and participate in commission meetings and
539	to provide advice to the commission. The ex officio associates
540	shall include, but are not limited to:
541	1.  A member of the House of Representatives designated by
542	the Speaker of the House.
543	2.  A member of the Senate designated by the President of
544	the Senate.
545	3.  An employee of the Executive Office of the Governor
546	designated by the Governor.
547	4.  An employee of the department.
548	5.  A circuit court judge with at least 1 year's experience
549	in the juvenile delinquency division.
550	6.  A sheriff.
551	7.  A provider under contract with the department for the
552	provision of one or more juvenile justice programs.
553	8.  A member of a juvenile justice advocacy organization.
554	9.  An employee of the Department of Law Enforcement who is
555	responsible for data compilation and research.
556	10.  A state university employee responsible for juvenile
557	justice research.
558	(2)  DEFINITIONS.--For purposes of this section, the term:
559	(a)  "Juvenile justice program" means any facility,
560	service, or program that is operated by the department or by a
561	provider under contract with the department.
562	(b)  "Minorities" means a member of a socially or
563	economically disadvantaged group and includes African Americans,
564	Hispanics, and American Indians.
565	(3)  MEETINGS.--
566	(a)  The commission shall hold a minimum of four regular
567	meetings annually, and other meetings may be called by the chair
568	upon giving at least 7 days' notice to all members and the
569	public pursuant to chapter 120. Meetings may also be held upon
570	the written request of at least four members, upon at least 7
571	days' notice of such meeting being given to all members and the
572	public by the chair pursuant to chapter 120. Emergency meetings
573	may be held without notice upon the request of all members. The
574	meetings of the commission shall be held in the central office
575	of the department in Tallahassee unless the chair determines
576	that special circumstances warrant meeting at another location.
577	(b)  A majority of the membership of the commission
578	constitutes a quorum and a quorum is required for any meeting of
579	the commission during which action will be voted upon. An action
580	of the commission is not binding unless the action is taken
581	pursuant to an affirmative vote of a majority of the members
582	present and the vote must be recorded in the minutes of the
583	meeting.
584	(c)  A member of the commission may not authorize a
585	designee to attend a meeting of the commission in his or her
586	place. A member who fails to attend two consecutive regularly
587	scheduled meetings of the commission, unless the member is
588	excused by the chairperson, shall be deemed to have abandoned
589	the position, and the position shall be declared vacant by the
590	commission.
591	(d)  The chairperson shall cause to be made a complete
592	record of the proceedings of the commission, which record shall
593	be open for public inspection.
594	(4)  ORGANIZATION.--
595	(a)  The commission, subject to appropriation, may employ
596	an executive director and other staff, and may retain
597	consultants, as necessary.
598	(b)  The commission shall be a separate budget entity, and
599	the executive director shall be the chief administrative
600	officer. The department shall provide administrative support and
601	service to the commission to the extent requested by the
602	executive director. The commission and its staff are not subject
603	to the control, supervision, or direction of the department.
604	(c)  The commission shall develop a budget pursuant to
605	chapter 216. The budget is not subject to change by the
606	department and shall be submitted to the Governor and
607	Legislature as provided in s. 216.023.
608	(d)  Members of the commission and ex officio associates
609	shall serve without compensation, but are entitled to
610	reimbursement for per diem and travel expenses under s. 112.061.
611	(5)  DUTIES.--The commission shall:
612	(a)  On or before October 1, 2006 and subject to
613	appropriation, enter into a contract under chapter 287 for the
614	development of a comprehensive evaluation, accountability, and
615	reporting system for each juvenile justice program individually
616	and for each category of the juvenile justice program for the
617	purpose of informing service providers and policy makers of the
618	effectiveness of individual providers and of the various
619	approaches to providing services. The contract must require the
620	provider to deliver the following on or before January 15, 2007:
621	1.  A standardized evaluation protocol based upon best
622	practices for each juvenile justice program that:
623	a.  Includes minimum thresholds for program continuation
624	and that identifies program effectiveness and areas in need of
625	expansion, improvement, modification, or elimination.
626	b.  Provides criteria for program termination based upon
627	evaluation results.
628	c.  Requires continual review of best practices literature
629	and updates to the standardized evaluation protocol based upon
630	that review.
631	d.  Requires an annual report to the executive and
632	legislative branches, which sets forth for each juvenile justice
633	program::
634	(I)  A comprehensive description of the population served
635	by the program.
636	(II)  A specific description of the services provided by
637	the program.
638	(III)  Program cost.
639	(IV)  A comparison of expenditures to federal and state
640	funding.
641	(V)  Immediate and long-range program concerns.
642	(VI)  Recommendations to maintain, expand, improve, modify,
643	or eliminate the program.
644	2.  A process for the collection, analysis, and reporting
645	of statistical data that will enable continuous evaluation of
646	the juvenile justice system as a whole and will provide the
647	Legislature, Governor, and the department with necessary and
648	useful information and reports to make informed decisions
649	regarding the effectiveness of, and any needed changes in,
650	juvenile justice programming, policies, and laws.
651	(b)  On or before February 15, 2007, submit a report to the
652	appropriate substantive and fiscal committees of the
653	Legislature, the Governor, and the secretary of the department
654	that:
655	1.  Provides a detailed summary of, and an implementation
656	schedule for, the comprehensive evaluation, accountability, and
657	reporting system developed by the provider under paragraph (a).
658	2.  Sets forth recommendations by the commission for:
659	a.  Modifications to the provider-developed system if found
660	warranted by the commission.
661	b.  Statutory amendments and department rule and policy
662	changes that will be required to implement the provider-
663	developed system.
664	c.  Review and recommend programmatic and fiscal policies
665	governing the operation of juvenile justice programs. Funding
666	requirements for implementation of the provider-developed
667	system.
668	d. Whether the provider-developed system should be
669	implemented by employees of the commission or by a provider
670	under contract with the commission.
671	(c)  Monitor the development and implementation of long-
672	range juvenile justice program policies, including prevention,
673	early intervention, diversion, adjudication, and commitment.
674	(d)  Review and recommend programmatic and fiscal policies
675	governing the operation of juvenile justice programs.
676	(e)  Serve as a clearinghouse, in coordination with the
677	department, to provide information and assistance to the
678	juvenile justice circuit boards and juvenile justice county
679	councils.
680	(f)  Advise the President of the Senate, the Speaker of the
681	House of Representatives, the Governor, and the department on
682	matters relating to this chapter.
683	(g)  Conduct such other activities as the commission may
684	determine are necessary and appropriate to monitor the
685	effectiveness of the delivery of juvenile justice under this
686	chapter.
687	(h)  Submit an annual report to the Governor, the
688	appropriate substantive and fiscal committees of the
689	Legislature, and the secretary of the department no later than
690	January 1st of each year that summarizes the meetings and
691	activities of the commission during the preceding year and
692	includes any recommendations of the commission for the following
693	year.
694	(6) INFORMATION SYSTEM ACCESS.--The department shall
695	provide the commission with automated access to the Juvenile
696	Justice Information System under s. 20.316(4).
697	(7)  RULEMAKING.--The commission shall adopt rules pursuant
698	to ss. 120.536(1) and 120.54 to implement the provisions of this
699	section.
700	Section 12.  Section 985.412, Florida Statutes, is amended
701	to read:
702	985.412  Program review and reporting requirements Quality
703	assurance and cost-effectiveness.--
704	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
705	Legislature that the department:
706	(a)  Ensure that information be provided to decisionmakers
707	in a timely manner so that resources are allocated to programs
708	that of the department which achieve desired performance levels.
709	(b)  Collect and analyze available statistical data for the
710	purpose of ongoing evaluation of all programs.
711	(c)(b)  Provide information about the cost of such programs
712	and their differential effectiveness so that program the quality
713	may of such programs can be compared and improvements made
714	continually.
715	(d)(c)  Provide information to aid in developing related
716	policy issues and concerns.
717	(e)(d)  Provide information to the public about the
718	effectiveness of such programs in meeting established goals and
719	objectives.
720	(f)(e)  Provide a basis for a system of accountability so
721	that each youth client is afforded the best programs to meet his
722	or her needs.
723	(g)(f)  Improve service delivery to youth clients.
724	(h)(g)  Modify or eliminate activities that are not
725	effective.
726	(2)   DEFINITIONS.--As used in this section, the term:
727	(a)  "Youth" "Client" means any person who is being
728	provided treatment or services by the department or by a
729	provider under contract with the department.
730	(b)  "Program" means any facility, service, or program for
731	youth that is operated by the department or by a provider under
732	contract with the department.
733	(c)(b)  "Program component" means an aggregation of
734	generally related objectives which, because of their special
735	character, related workload, and interrelated output, can
736	logically be considered an entity for purposes of organization,
737	management, accounting, reporting, and budgeting.
738	(c)  "Program effectiveness" means the ability of the
739	program to achieve desired client outcomes, goals, and
740	objectives.
741	(d)  "Program group" means a collection of programs with
742	sufficient similarity of function, services, and youth to permit
743	appropriate comparisons among programs within the group.
744	(3)  OUTCOME EVALUATION.--The department, in consultation
745	with the Office of Economic and Demographic Research, the Office
746	of Program Policy Analysis and Government Accountability, and
747	contract service providers, shall develop and use a standard
748	methodology for annually measuring, evaluating, and reporting
749	program outputs and youth outcomes for each program and program
750	group.
751	(a)  The standard methodology must:
752	1.  Incorporate, whenever possible, performance-based
753	budgeting measures.
754	2.  Include common terminology and operational definitions
755	for measuring the performance of system and program
756	administration, program outputs, and youth outcomes.
757	3.  Specify program outputs for each program and for each
758	program group within the juvenile justice continuum.
759	4.  Specify desired youth outcomes and methods by which to
760	measure youth outcomes for each program and program group.
761	(b)  By February 15 of each year, the department shall
762	submit to the appropriate substantive and fiscal committees of
763	each house of the Legislature and the Governor a report that
764	identifies and describes:
765	1.  The standard methodology implemented under paragraph
766	(a).
767	2.  The programs offered within each program group.
768	3.  The demographic profile and offense history of youth
769	served in each program group.
770	4.  The actual program outputs and youth outcomes achieved
771	in each program group. The department shall annually collect and
772	report cost data for every program operated or contracted by the
773	department. The cost data shall conform to a format approved by
774	the department and the Legislature. Uniform cost data shall be
775	reported and collected for state-operated and contracted
776	programs so that comparisons can be made among programs. The
777	department shall ensure that there is accurate cost accounting
778	for state-operated services including market-equivalent rent and
779	other shared cost. The cost of the educational program provided
780	to a residential facility shall be reported and included in the
781	cost of a program. The department shall submit an annual cost
782	report to the President of the Senate, the Speaker of the House
783	of Representatives, the Minority Leader of each house of the
784	Legislature, the appropriate substantive and fiscal committees
785	of each house of the Legislature, and the Governor, no later
786	than December 1 of each year. Cost-benefit analysis for
787	educational programs will be developed and implemented in
788	collaboration with and in cooperation with the Department of
789	Education, local providers, and local school districts. Cost
790	data for the report shall include data collected by the
791	Department of Education for the purposes of preparing the annual
792	report required by s. 1003.52(19).
793	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
794	Juvenile Justice, in consultation with the Office of Economic
795	and Demographic Research, and contract service providers, shall
796	develop a cost-effectiveness model and apply the model to each
797	commitment program. Program recidivism rates shall be a
798	component of the model.
799	(a)  The cost-effectiveness model shall compare program
800	costs to expected and actual youth recidivism rates client
801	outcomes and program outputs. It is the intent of the
802	Legislature that continual development efforts take place to
803	improve the validity and reliability of the cost-effectiveness
804	model and to integrate the standard methodology developed under
805	s. 985.401(4) for interpreting program outcome evaluations.
806	(b)  The department shall rank commitment programs based on
807	the cost-effectiveness model and shall submit a report to the
808	appropriate substantive and fiscal committees of each house of
809	the Legislature by January 15 December 31 of each year.
810	(c)  Based on reports of the department on client outcomes
811	and program outputs and on the department's most recent cost-
812	effectiveness rankings, the department may terminate a
813	commitment program operated by the department or a provider if
814	the program has failed to achieve a minimum threshold of cost-
815	effectiveness program effectiveness. This paragraph does not
816	preclude the department from terminating a contract as provided
817	under this section or as otherwise provided by law or contract,
818	and does not limit the department's authority to enter into or
819	terminate a contract.
820	(d)  In collaboration with the Office of Economic and
821	Demographic Research, and contract service providers, the
822	department shall develop a work plan to refine the cost-
823	effectiveness model so that the model is consistent with the
824	performance-based program budgeting measures approved by the
825	Legislature to the extent the department deems appropriate. The
826	department shall notify the Office of Program Policy Analysis
827	and Government Accountability of any meetings to refine the
828	model.
829	(e)  Contingent upon specific appropriation, the
830	department, in consultation with the Office of Economic and
831	Demographic Research, and contract service providers, shall:
832	1.  Construct a profile of each commitment program that
833	uses the results of the quality assurance report required by
834	this section, the cost-effectiveness report required in this
835	subsection, and other reports available to the department.
836	2.  Target, for a more comprehensive evaluation, any
837	commitment program that has achieved consistently high, low, or
838	disparate ratings in the reports required under subparagraph 1.
839	3.  Identify the essential factors that contribute to the
840	high, low, or disparate program ratings.
841	4.  Use the results of these evaluations in developing or
842	refining juvenile justice programs or program models, youth
843	client outcomes and program outputs, provider contracts, quality
844	assurance standards, and the cost-effectiveness model.
845	(5)  QUALITY ASSURANCE.--The department shall:
846	(a)  Establish a comprehensive quality assurance system for
847	each program operated by the department or operated by a
848	provider under contract with the department. Each contract
849	entered into by the department must provide for quality
850	assurance.
851	(b)  Provide operational definitions of and criteria for
852	quality assurance for each specific program component.
853	(c)  Establish quality assurance goals and objectives for
854	each specific program component.
855	(d)  Establish the information and specific data elements
856	required for the quality assurance program.
857	(e)  Develop a quality assurance manual of specific,
858	standardized terminology and procedures to be followed by each
859	program.
860	(f)  Evaluate each program operated by the department or a
861	provider under a contract with the department and establish
862	minimum thresholds for each program component.
863	1.  If a provider fails to meet the established minimum
864	thresholds, such failure shall cause the department to cancel
865	the provider's contract:
866	a.  Immediately if the provider has a deficiency in a
867	critical life safety aspect of its operations, as defined in
868	department rule, or has failed to train and certify its
869	employees as required in s. 985.4055.
870	b.  If unless the provider fails to achieve achieves
871	compliance with minimum thresholds within 6 months, except as
872	provided in s. 985.3091(6)(a), or unless there are documented
873	extenuating circumstances as defined in department rule.
874
875	If a provider's contract is cancelled under subparagraph 1., the
876	provider's operations shall immediately cease, the department
877	shall immediately discontinue any state payments to the
878	provider, and the provider shall be ineligible to contract with
879	the department In addition, the department may not contract with
880	the same provider for the canceled service for a period of 12
881	months.
882	2.  If a department-operated program fails to meet the
883	established minimum thresholds, the program's operations shall
884	be:
885	a.  Immediately terminated if the program has a deficiency
886	in a critical life safety aspect of its operations, as defined
887	in department rule, or if the department has failed to train and
888	certify program employees as required in s. 985.4055.
889	b.  Terminated if the department fails to achieve
890	compliance with the minimum thresholds for program continuation
891	within 6 months, unless there are documented extenuating
892	circumstances as defined in department rule. the department must
893	take necessary and sufficient steps to ensure and document
894	program changes to achieve compliance with the established
895	minimum thresholds. If the department-operated program fails to
896	achieve compliance with the established minimum thresholds
897	within 6 months and if there are no documented extenuating
898	circumstances, the department must notify the Executive Office
899	of the Governor and the Legislature of the corrective action
900	taken. Appropriate corrective action may include, but is not
901	limited to:
902	1.  Contracting out for the services provided in the
903	program;
904	2.  Initiating appropriate disciplinary action against all
905	employees whose conduct or performance is deemed to have
906	materially contributed to the program's failure to meet
907	established minimum thresholds;
908	3.  Redesigning the program; or
909	4.  Realigning the program.
910	(g)  The department shall Submit an annual report to the
911	President of the Senate, the Speaker of the House of
912	Representatives, the minority leader of each house of the
913	Legislature, the appropriate substantive and fiscal committees
914	of each house of the Legislature, and the Governor by , no later
915	than February 1 of each year. The annual report must contain, at
916	a minimum, for each specific program component:
917	1.  A comprehensive description of the population served.
918	by the program;
919	2.  A specific description of its the services.
920	3.  A summary of the performance of each program component
921	evaluated. provided by the program;
922	4. Cost data that is reported in a uniform format so that
923	cost comparisons may be made among programs. For a residential
924	program, the cost data must include the cost of its educational
925	program.;
926	5.  A comparison of expenditures to federal and state
927	funding.;
928	6.  Immediate and long-range concerns. ; and
929	7.  Recommendations to maintain, expand, improve, modify,
930	or eliminate each program component so that changes in services
931	lead to enhancement in program quality. The department shall
932	ensure the reliability and validity of the information contained
933	in the report.
934	(6)  The department shall collect and analyze available
935	statistical data for the purpose of ongoing evaluation of all
936	programs. The department shall provide the Legislature with
937	necessary information and reports to enable the Legislature to
938	make informed decisions regarding the effectiveness of, and any
939	needed changes in, services, programs, policies, and laws.
940	(7)  No later than November 1, 2001, the department shall
941	submit a proposal to the Legislature concerning funding
942	incentives and disincentives for the department and for
943	providers under contract with the department. The
944	recommendations for funding incentives and disincentives shall
945	be based upon both quality assurance performance and cost-
946	effectiveness performance. The proposal should strive to achieve
947	consistency in incentives and disincentives for both department-
948	operated and contractor-provided programs. The department may
949	include recommendations for the use of liquidated damages in the
950	proposal; however, the department is not presently authorized to
951	contract for liquidated damages in non-hardware-secure
952	facilities until January 1, 2002.
953	Section 13.  Section 958.046, Florida Statutes, is amended
954	to read:
955	958.046  Placement in county-operated boot camp programs
956	for youthful offenders.--In counties where there are county-
957	county-operated youthful offender boot camp programs, other than
958	boot camps described in s. 958.04 or  sheriff's training and
959	respect programs in s. 985.3091 985.309, the court may sentence
960	a youthful offender to such a boot camp. In county-operated
961	youthful offender boot camp programs, juvenile offenders shall
962	not be commingled with youthful offenders.
963	Section 14.  Paragraph (i) of subsection (3) of section
964	985.31, Florida Statutes, is amended to read:
965	985.31  Serious or habitual juvenile offender.--
966	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
967	TREATMENT.--
968	(i)  The treatment and placement recommendations shall be
969	submitted to the court for further action pursuant to this
970	paragraph:
971	1.  If it is recommended that placement in a serious or
972	habitual juvenile offender program or facility is inappropriate,
973	the court shall make an alternative disposition pursuant to s.
974	985.3091 985.309 or other alternative sentencing as applicable,
975	using utilizing the recommendation as a guide.
976	2.  If it is recommended that placement in a serious or
977	habitual juvenile offender program or facility is appropriate,
978	the court may commit the child to the department for placement
979	in the restrictiveness level designated for serious or habitual
980	delinquent children programs.
981	Section 15.  Section 985.314, Florida Statutes, is amended
982	to read:
983	985.314  Commitment programs for juvenile felony
984	offenders.--
985	(1)  Notwithstanding any other law and regardless of the
986	child's age, a child who is adjudicated delinquent, or for whom
987	adjudication is withheld, for an act that would be a felony if
988	committed by an adult, shall be committed to:
989	(a)  A sheriff's training and respect boot camp program
990	under s. 985.3091 s. 985.309 if the child has participated in an
991	early delinquency intervention program as provided in s.
992	985.305.
993	(b)  A program for serious or habitual juvenile offenders
994	under s. 985.31 or an intensive residential treatment program
995	for offenders less than 13 years of age under s. 985.311, if the
996	child has participated in an early delinquency intervention
997	program and has completed a sheriff's training and respect boot
998	camp program.
999	(c)  A maximum-risk residential program, if the child has
1000	participated in an early delinquency intervention program, has
1001	completed a sheriff's training and respect boot camp program,
1002	and has completed a program for serious or habitual juvenile
1003	offenders or an intensive residential treatment program for
1004	offenders less than 13 years of age. The commitment of a child
1005	to a maximum-risk residential program must be for an
1006	indeterminate period, but may not exceed the maximum term of
1007	imprisonment that an adult may serve for the same offense.
1008	(2)  In committing a child to the appropriate program, the
1009	court may consider an equivalent program of similar intensity as
1010	being comparable to a program required under subsection (1).
1011	Section 16.  Cost of supervision and care waiver; pilot
1012	program.--
1013	(1)  For purposes of this section, the term:
1014	(a)  "Approved parenting class" means a class approved by
1015	the Juvenile Justice Accountability Commission under subsection
1016	(4).
1017	(b)  "Court" means a circuit court in the Ninth Judicial
1018	Circuit.
1019	(c)  "Department" means the Department of Juvenile Justice.
1020	(d)  "Parent" means the parent of child whose delinquency
1021	case comes before a circuit court in the Ninth Judicial Circuit.
1022	(2)(a)  Notwithstanding any contrary provision of s.
1023	985.2311, Florida Statutes, for the period of October 1, 2006
1024	through June 30, 2009, the court shall enter an order waiving
1025	the fees required to be paid under s. 985.2311, Florida
1026	Statutes, by a parent if the parent successfully completes an
1027	approved parenting class and presents the court with notarized
1028	documentation of such completion.
1029	(b)  Participation in an approved parenting class under
1030	this subsection is voluntary and the parent is responsible for
1031	the payment of all costs associated with participation in the
1032	class.
1033	(c)  A parent who fails to successfully complete an
1034	approved parenting class shall pay the full amount of fees
1035	required by s. 985.2311, Florida Statutes.
1036	(d)  A parent may only have fees waived under this
1037	subsection once.
1038	(3)  The Office of Program Policy and Government
1039	Accountability shall evaluate the pilot program created by this
1040	section and shall submit a written report to the appropriate
1041	substantive and fiscal committees of the Legislature, the
1042	Governor, and the Department of Juvenile Justice on September
1043	30, 2007, and annually thereafter, which identifies for the
1044	Ninth Judicial Circuit during the fiscal year preceding the
1045	report:
1046	(a)  The number of delinquency cases in which fees were
1047	required to be ordered under s. 985.2311, F.S., and the total
1048	amount of those fees.
1049	(b)  The number of delinquency cases in which parents
1050	agreed to complete an approved parenting class and the number of
1051	delinquency cases in which the parent submitted notarized
1052	documentation of successful completion to the court.
1053	(c)  The number of delinquency cases in which the court
1054	entered an order waiving fees under subsection (2) and the total
1055	amount of fees waived.
1056	(d)  The number of youth, as such data becomes available,
1057	who are taken into custody for a felony or misdemeanor within
1058	six months following their release from department custody or
1059	supervision, whichever occurs later, and whose parents' fees
1060	under s. 985.2311, Florida Statutes, are:
1061	1.  Waived by court order under subsection (2).
1062	2.  Not waived by court order under subsection (2).
1063	(4)  The Juvenile Justice Accountability Commission,
1064	subject to appropriation, shall execute a contract under chapter
1065	287 for the provision of parenting courses in the Ninth Judicial
1066	Circuit between October 1, 2006 through June 30, 2009.
1067	(5)  This section is repealed effective October 1, 2009.
1068	Section 17. Effective October 1, 2006, all powers, duties,
1069	resources, and personnel associated with the Department of
1070	Juvenile Justice's responsibilities under ss. 985.308(9),
1071	985.311(2)(e), and 985.412, Florida Statutes are transferred to
1072	the Juvenile Justice Accountability Commission created by this
1073	act.
1074	Section 18.  This act shall take effect July 1, 2006.
1075
1076	======= T I T L E  A M E N D M E N T ==========
1077	Remove the entire title and insert:
1078	A bill to be entitled
1079	An act relating to juvenile justice; amending s. 39.01,
1080	F.S.; including specified law enforcement officers in the
1081	definition of "other person responsible for a child's
1082	welfare" for purposes of abuse investigations; amending s.
1083	985.207, F.S.; permitting a law enforcement officer to
1084	take a child into custody for a violation of adjudication
1085	order conditions; amending s. 985.215, F.S.; permitting
1086	specified types of postadjudication detention for a child
1087	who has previously failed to appear at delinquency court
1088	proceedings regardless of risk assessment instrument
1089	results; providing exceptions that permit postadjudication
1090	detention until the child's disposition order is entered
1091	in his or her case; conforming cross-references; amending
1092	s. 985.2155, F.S.; revising the definition of the term
1093	"fiscally constrained county" for purposes of determining
1094	state payment of costs of juvenile detention care;
1095	amending s. 985.228, F.S.; requiring the court to include
1096	specified conditions in a child's order of adjudication of
1097	delinquency that apply during the postadjudication and
1098	predisposition period; providing a definition; permitting
1099	a court to find a child in contempt of court for a
1100	violation of adjudication order conditions; providing
1101	sanctions; amending s. 985.231, F.S.; conforming cross-
1102	references; repealing s. 985.309, F.S., relating to boot
1103	camps for children; creating s. 985.3091, F.S.;
1104	authorizing the department to contract for sheriff's
1105	training and respect programs; providing eligibility
1106	requirements for children placed in the programs;
1107	specifying required program offerings; specifying program
1108	participation time frames; requiring the department to
1109	adopt rules and maintain specified records; providing for
1110	quarterly evaluations of and contract cancellation under
1111	specified circumstances; specifying staff training
1112	requirements; requiring the department to adopt training
1113	rules; prohibiting the provision of direct care to
1114	children by staff who have not complied with training
1115	requirements; prohibiting the operation of a program until
1116	department rules are adopted and the department has
1117	verified program compliance with applicable law and rules;
1118	authorizing emergency rules to expedite implementation;
1119	amending s. 985.311, F.S.; requiring the establishment of
1120	minimum thresholds for evaluations; conforming cross-
1121	references; creating s. 985.4055, F.S.; providing
1122	definitions; requiring the department to adopt rules
1123	establishing a protective action response policy;
1124	specifying when verbal and physical intervention
1125	techniques may be used; specifying prohibited uses of
1126	mechanical restraints; prohibiting use of aerosol and
1127	chemical agents; requiring the department to adopt rules
1128	establishing protection action response training
1129	curriculums and certification procedures; requiring
1130	department and provider employees to be certified in
1131	protective action response prior to exercising direct
1132	care; creating s. 985.4056, F.S.; creating the Juvenile
1133	Justice Accountability Commission; providing for
1134	membership; providing definitions; providing for meetings
1135	and voting requirements; providing for an executive
1136	director and staff; providing for commission's budget;
1137	providing for reimbursement of per diem and travel
1138	expenses; requiring the commission to contract for a
1139	comprehensive evaluation and accountability system for
1140	juvenile justice programs; providing requirements for the
1141	system; requiring a report by the system provider;
1142	specifying commission duties; requiring a report by the
1143	commission; providing for termination of juvenile justice
1144	programs in specified circumstances; requiring the
1145	commission to adopt rules; amending s. 985.412, F.S.;
1146	deleting department's authority to establish a
1147	comprehensive quality assurance system; providing
1148	conforming changes; deleting obsolete provisions relating
1149	to incentive and disincentive proposals and liquidated
1150	damages; amending ss. 958.046, 985.31, and 985.314, F.S.;
1151	conforming cross-references and terminology; creating the
1152	cost of supervision and care waiver pilot program in the
1153	Ninth Judicial Circuit; requiring waiver of fees imposed
1154	under s. 985.2311, F.S., for successful completion of
1155	specified parenting classes; providing conditions
1156	applicable to such waiver; providing for review of the
1157	pilot program and reports by the Office of Program Policy
1158	and Government Accountability; requiring the Juvenile
1159	Justice Accountability Commission to contract for the
1160	provision of parenting classes; providing for future
1161	repeal; providing for a type two transfer of powers,
1162	duties, resources, and personnel relating to specified
1163	department responsibilities to the Juvenile Justice
1164	Accountability Commission; providing an effective date.

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