Amendment
Bill No. 5019

Amendment No. 941149

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 5019 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Martin Lee
6	Anderson Act of 2006."
7	Section 2.  Subsection (47) of section 39.01, Florida
8	Statutes, is amended to read:
9	39.01  Definitions.--When used in this chapter, unless the
10	context otherwise requires:
11	(47)  "Other person responsible for a child's welfare"
12	includes the child's legal guardian, legal custodian, or foster
13	parent; an employee of a private school, public or private child
14	day care center, residential home, institution, facility, or
15	agency; a law enforcement officer employed in any facility,
16	service, or program for children that is operated or contracted
17	by the Department of Juvenile Justice; or any other person
18	legally responsible for the child's welfare in a residential
19	setting; and also includes an adult sitter or relative entrusted
20	with a child's care. For the purpose of departmental
21	investigative jurisdiction, this definition does not include the
22	following persons when they are acting in an official capacity:
23	law enforcement officers, except as otherwise provided in this
24	subsection; or employees of municipal or county detention
25	facilities; or employees of the Department of Corrections, while
26	acting in an official capacity.
27	Section 3.  Paragraph (b) of subsection (2) of section
28	985.2155, Florida Statutes, is amended to read:
29	985.2155  Shared county and state responsibility for
30	juvenile detention.--
31	(2)  As used in this section, the term:
32	(b)  "Fiscally constrained county" means a county within
33	designated as a rural area of critical economic concern as
34	designated by the Governor pursuant to under s. 288.0656 or each
35	county for which the value of a mill will raise in the county is
36	no more than $5 million in revenue $3 million, based on the
37	certified school taxable value from the previous July 1 property
38	valuations and tax data annually published by the Department of
39	Revenue under s. 195.052.
40	Section 4.  Paragraph (j) of subsection (1) of section
41	985.231, Florida Statutes, is amended to read:
42	985.231  Powers of disposition in delinquency cases.--
43	(1)
44	(j)  If the offense committed by the child was grand theft
45	of a motor vehicle, the court:
46	1.  Upon a first adjudication for a grand theft of a motor
47	vehicle, may place the child youth in a sheriff's training and
48	respect program boot camp, unless the child is ineligible under
49	s. 985.3091 pursuant to s. 985.309, and shall order the child
50	youth to complete a minimum of 50 hours of community service.
51	2.  Upon a second adjudication for grand theft of a motor
52	vehicle which is separate and unrelated to the previous
53	adjudication, may place the child youth in a sheriff's training
54	and respect program boot camp, unless the child is ineligible
55	under s. 985.3091 pursuant to s. 985.309, and shall order the
56	child youth to complete a minimum of 100 hours of community
57	service.
58	3.  Upon a third adjudication for grand theft of a motor
59	vehicle which is separate and unrelated to the previous
60	adjudications, shall place the child youth in a sheriff's
61	training and respect program boot camp or other treatment
62	program, unless the child is ineligible under s. 985.3091
63	pursuant to s. 985.309, and shall order the child youth to
64	complete a minimum of 250 hours of community service.
65	Section 5.  Section 985.309, Florida Statutes, is repealed.
66	Section 6.  Section 985.3091, Florida Statutes, is created
67	to read:
68	985.3091  Sheriff's training and respect programs.--
69	(1)(a)  For purposes of this section, the term "agency"
70	means a county or municipal law enforcement agency.
71	(b)  Contingent upon specific appropriation, local funding,
72	or specific appropriation and local funding, an agency may,
73	under contract with the department, implement and operate a
74	sheriff's training and respect program to provide intensive
75	education, physical training, and rehabilitation for children
76	who are eligible under subsection (2). A sheriff's training and
77	respect program shall be under the agency's supervisory
78	authority as determined by the contract between the department
79	and the agency.
80	(2)  A child is eligible for placement in a sheriff's
81	training and respect program if he or she:
82	(a)  Is at least 14 years of age but less than 18 years of
83	age at the time of adjudication.
84	(b)  Has been committed to the department for any offense
85	that, if committed by an adult, would be a felony other than a
86	capital felony, a life felony, or a violent felony of the first
87	degree.
88	(c)  Is physically examined by a physician licensed under
89	chapter 458 or chapter 459 or an advanced registered nurse
90	practitioner licensed and certified under chapter 464.
91	(d)  Has a physical, psychological, and substance abuse
92	profile that is conducive to successful completion of the
93	program, as determined by the agency's and department's review
94	of the preadmission physical examination under paragraph (c) and
95	of preadmission psychological and substance abuse screenings,
96	which must be conducted or ordered to be conducted by the
97	department.
98	(e)  Will be placed in the judicial circuit in which the
99	child was adjudicated or, if there is no sheriff's training and
100	respect program in that judicial circuit, the child may be
101	placed in the judicial circuit nearest to the judicial circuit
102	in which he or she was adjudicated which has a sheriff's
103	training and respect program.
104	(3)  A sheriff's training and respect program shall require
105	children to:
106	(a)  Receive a written, easily understandable statement
107	that sets forth, and a verbal description of, their rights under
108	this section. At the time of admission into the sheriff's
109	training and respect program, each child must acknowledge in
110	writing his or her receipt and understanding of the written
111	statement and verbal description.
112	(b)  Participate in physical training exercises.
113	(c)  Complete educational, vocational, community service,
114	and substance abuse programs.
115	(d)  Receive training in life and job skills and in
116	techniques for appropriate decisionmaking.
117	(e)  Receive counseling that is directed at replacing
118	criminal thinking, beliefs, and values with moral thinking,
119	beliefs, and values.
120	(4)  A sheriff's training and respect program must provide
121	for youth medical treatment needs by a physician licensed under
122	chapter 458 or chapter 459, an advanced registered nurse
123	practitioner licensed and certified under chapter 464, or a
124	registered nurse licensed under chapter 464 who works daily
125	between the hours of 7:00 a.m. and 9:00 p.m. and must provide
126	for on-call access to at least one such medical professional at
127	all other times.
128	(5)  A sheriff's training and respect program shall be a
129	moderate-risk residential program and must provide conditional
130	release assessment and services in accordance with s. 985.316.
131	The minimum period of participation in the residential component
132	of a sheriff's training and respect program is 4 months;
133	however, this subsection does not prohibit operation of a
134	program that requires the participants to spend more than 4
135	months in the residential component of the program or that
136	requires the participants to complete two sequential programs of
137	4 months each in the residential component of the program.
138	(6)  Staff in a sheriff's training and respect program who
139	exercise direct care, as defined in s. 985.4055, shall comply
140	with the Protective Action Response policy established in
141	department rules adopted under s. 985.4055(2)(a).
142	(7)  The department shall adopt rules under ss. 120.536(1)
143	and 120.54 for the sheriff's training and respect program that
144	specify:
145	(a)  Requirements for the preadmission physical
146	examinations and psychological and substance abuse screenings
147	required by subsection (2).
148	(b)  Authorized disciplinary sanctions and restrictions on
149	the privileges of the general population of children in the
150	program.
151	(c)  Prohibitions on the use of harmful psychological
152	intimidation techniques. For purposes of this section, the term
153	"harmful psychological intimidation techniques":
154	1.  Includes the following actions when intentionally used
155	as a therapeutic or training technique or as a means to
156	encourage compliance with program requirements:
157	a.  The threat of physical force or violence.
158	b.  An intentional attempt to humiliate or embarrass a
159	child.
160	c.  An intentional attempt to diminish a child's self-
161	confidence or otherwise psychologically break a child's will.
162	d.  Any action that would be considered child abuse or
163	neglect under chapter 39 or chapter 827.
164	2.  Does not include the following actions:
165	a.  Direct and forceful communication to a child of program
166	requirements or legitimate performance expectations prior to or
167	during participation in program activities, including positive,
168	active encouragement of children engaged in physical training
169	exercises.
170	b.  Communication necessary to inform a child of
171	noncompliance with program requirements or appropriate actions
172	to remediate such noncompliance.
173	c.  Communication necessary to inform a child of poor
174	performance or appropriate actions to remediate such poor
175	performance.
176	d.  Communications or other actions necessary to maintain
177	order or safety in a program.
178	e.  Any lawful and reasonable communications or actions
179	that are permissible for parents, other juvenile justice
180	programs, school officials, or other adults who have custody of
181	or supervisory responsibilities for children.
182	(d)  Requirements for provision of notice by the program to
183	the department and for the removal of a child from the program
184	if the child becomes unmanageable or ineligible for the program
185	due to changes in his or her physical, psychological, or
186	substance abuse profile.
187	(e)  Requirements for the prominent display of the
188	telephone number of the statewide abuse registry and for
189	immediate access by children in the program, upon request, to a
190	telephone for the purpose of contacting the statewide abuse
191	registry, the public defender's office, his or her attorney, or
192	a law enforcement agency.
193	(f)  Requirements for the delivery of a copy of each
194	child's exit statement under subsection (10) to the department
195	by facsimile or electronic mail.
196	(8)(a)  Evaluations under s. 985.412(5) of each sheriff's
197	training and respect program shall be conducted quarterly during
198	the first year of the program's operation. Thereafter, if the
199	program met the minimum thresholds during its most recent
200	evaluation, the program shall be evaluated at least once
201	annually. If a sheriff's training and respect program fails to
202	meet the minimum thresholds, the department shall cancel the
203	contract for the program:
204	1.  Immediately if the program has a deficiency in a
205	critical life safety aspect of its operations, as defined in
206	department rule, or has failed to train its staff as required
207	under subsection (9).
208	2.  If the program fails to achieve compliance with the
209	minimum thresholds within 3 months, unless there are documented
210	extenuating circumstances, as defined in department rule.
211	(b)  Upon cancellation of a contract under paragraph (a),
212	the program's operations shall immediately cease and the
213	department shall immediately discontinue any state payments to
214	the program.
215	(9)(a)  The department shall adopt rules under ss.
216	120.536(1) and 120.54 that establish training requirements that
217	must be completed by staff in a sheriff's training and respect
218	program within 90 calendar days following the person's date of
219	hire, and that must, at a minimum, require:
220	1.  Administrative staff to successfully complete 120
221	contact hours of department-approved training.
222	2.  Staff who provide direct care, as defined in s.
223	985.4055 to be:
224	a.  Certified correctional, correctional probation, or law
225	enforcement officers under chapter 943 and to receive at least
226	20 hours of department-approved training in the Protective
227	Action Response policy established in department rules adopted
228	under s. 985.4055(2)(a); or
229	b.  Certified in protective action response under s.
230	985.4055(2)(b)-(e) and to successfully complete 200 contact
231	hours of department-approved training, which must include, but
232	is not limited to, training on:
233	(I)  State and federal laws relating to child abuse.
234	(II)  Authorized disciplinary sanctions and privilege
235	restrictions under paragraph (7)(b) and prohibited harmful
236	psychological intimidation techniques under paragraph (7)(c).
237	(III)  Appropriate counseling techniques and aggression
238	control methods.
239	(IV)  Appropriate methods for dealing with children who
240	have been placed in programs that emphasize physical fitness and
241	personal discipline, including training on the identification
242	of, and appropriate responses to, children who are experiencing
243	physical or mental distress.
244	(V)  Cardiopulmonary resuscitation, choke-relief, and other
245	emergency medical procedures.
246	(b)  All department-approved training courses under this
247	subsection must be taught by one or more persons who are
248	certified as, or who have completed the necessary education and
249	training to be, an instructor for the course being taught. A
250	training course in counseling techniques must be taught by a
251	person who has at least a bachelor's degree in social work,
252	counseling, psychology, or a related field.
253	(c)  A person who exercises direct care, as defined in s.
254	985.4055, in a sheriff's training and respect program prior to
255	successful completion of the training requirements in this
256	subsection must be directly supervised by a person who has
257	successfully completed the training requirements in this
258	subsection.
259	(10)  Prior to release of a child from a sheriff's training
260	and respect program, the child:
261	(a)  Must be physically examined by a physician licensed
262	under chapter 458 or chapter 459 or an advanced registered nurse
263	practitioner licensed and certified under chapter 464. Any
264	evidence of abuse as defined in s. 39.01(2) must be documented
265	and immediately reported by the examiner to the statewide abuse
266	registry and the department.
267	(b)  Must sign an exit statement indicating whether his or
268	her rights under this section were observed and whether he or
269	she was subjected to any abuse as defined in s. 39.01(2),
270	harmful psychological intimidation techniques, or violations of
271	the Protective Action Response policy established in department
272	rules adopted under s. 985.4055(2)(a). Any allegation by the
273	child that:
274	1.  He or she was subjected to abuse as defined in s.
275	39.01(2) in the sheriff's training and respect program must be
276	investigated by the Department of Children and Family Services
277	under s. 39.302.
278	2.  His or her rights under this section were not observed
279	or that he or she was subjected to harmful psychological
280	intimidation techniques or to violations of the department's
281	Protective Action Response policy must be investigated by the
282	department's Inspector General.
283	(c)  The sheriff's training and respect program shall
284	deliver a copy of each child's exit statement at the time it is
285	executed to:
286	1.  The department in the manner prescribed under paragraph
287	(7)(f).
288	2.  The statewide abuse registry if it contains any
289	allegation of abuse as defined in s. 39.01(2).
290	(11)  The department must:
291	(a)  Maintain records for each sheriff's training and
292	respect program participant and shall monitor his or her
293	recidivism, educational progress, and employment placement for
294	at least 1 year following his or her release from the program.
295	Recidivism statistics shall indicate the degree and severity of
296	the criminal activity.
297	(b)  Annually publish an outcome evaluation study of each
298	sheriff's training and respect program that includes recidivism
299	statistics.
300	(12)  Children shall not be admitted to a sheriff's
301	training and respect program until the department has adopted
302	the rules required by this section and has verified that each
303	program is in compliance with all laws and rules applicable to
304	the program. The department may adopt emergency rules pursuant
305	to s. 120.54(4) if necessary to allow operation of sheriff's
306	training and respect programs beginning July 1, 2006.
307	Section 7.  Paragraph (i) of subsection (3) of section
308	985.311, Florida Statutes, is amended to read:
309	985.311  Intensive residential treatment program for
310	offenders less than 13 years of age.--
311	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
312	TREATMENT.--
313	(i)  The treatment and placement recommendations shall be
314	submitted to the court for further action pursuant to this
315	paragraph:
316	1.  If it is recommended that placement in an intensive
317	residential treatment program for offenders less than 13 years
318	of age is inappropriate, the court shall make an alternative
319	disposition pursuant to s. 985.3091 985.309 or other alternative
320	sentencing as applicable, utilizing the recommendation as a
321	guide.
322	2.  If it is recommended that placement in an intensive
323	residential treatment program for offenders less than 13 years
324	of age is appropriate, the court may commit the child to the
325	department for placement in the restrictiveness level designated
326	for intensive residential treatment program for offenders less
327	than 13 years of age.
328	Section 8.  Section 985.4055, Florida Statutes, is created
329	to read:
330	985.4055  Protective action response.--
331	(1)  For purposes of this section, the term:
332	(a)  "Direct care" means direct contact with youth for the
333	purpose of providing care, supervision, custody, or control of
334	youth in a detention facility, delinquency program, or
335	commitment program within any restrictiveness level, which is
336	operated by the department or by a provider under contract with
337	the department.
338	(b)  "Employee" means any person who exercises direct care.
339	The term "employee" does not include a licensed medical
340	professional, mental health counselor, substance abuse
341	counselor, or social services counselor whose primary
342	responsibilities are to provide treatment to youth in a
343	detention facility, delinquency program, or commitment program
344	within any restrictiveness level, which is operated by the
345	department or by a provider under contract with the department.
346	(c)  "Protective Action Response policy" means the policy
347	governing the use of verbal and physical intervention
348	techniques, mechanical restraints, aerosol and chemical agents,
349	and Tasers by employees.
350	(d)  "Taser" means any mechanism that is designed to emit
351	or project an electronic, magnetic, or other type of charge or
352	shock for the purpose of temporarily incapacitating a person.
353	(2)  The department shall adopt rules under ss. 120.536(1)
354	and 120.54 that:
355	(a)  Establish a Protective Action Response policy that:
356	1.  Defines the authorized level of response by an employee
357	to each level of verbal or physical resistance by a youth.
358	2.  Requires the use of verbal intervention techniques as
359	the initial response by an employee to verbal or physical
360	resistance by a youth, except where physical intervention
361	techniques are necessary to prevent:
362	a.  Physical harm to the youth, employee, or another
363	person;
364	b.  Property damage; or
365	c.  The youth from escaping or absconding from lawful
366	supervision.
367	3.  Defines authorized physical intervention techniques and
368	the situations under which employees may use these techniques
369	for youth. Pain compliance techniques and use of less than
370	lethal force shall be prohibited, except where necessary to
371	prevent:
372	a.  Physical harm to the youth, employee, or another
373	person;
374	b.  Property damage; or
375	c.  The youth from escaping or absconding from lawful
376	supervision.
377
378	Lethal force shall be prohibited, except where necessary to
379	protect the employee or another person from an imminent threat
380	of great bodily harm or death. Prior authorization by an
381	employee's supervisor for the use of physical intervention
382	techniques shall be obtained when practical.
383	4.  Defines authorized use of mechanical restraints and the
384	situations under which employees may use such restraints on
385	youth. Prohibited uses of mechanical restraints shall include
386	the use of neck restraints and the securing of a youth to a
387	fixed object. Supervision requirements for youth who are secured
388	in mechanical restraints shall include constant and direct
389	visual monitoring by an employee for purposes of ensuring youth
390	safety and ascertaining indications by the youth that restraints
391	are no longer necessary. Prior authorization by an employee's
392	supervisor for the use of mechanical restraints shall be
393	obtained when practical.
394	5.  Prohibits the use of aerosol or chemical agents,
395	including, but not limited to, oleoresin capsicum spray and
396	ammonia capsules, on a youth unless required for medical
397	treatment of the youth by a licensed medical professional.
398	6.  Prohibits the use of a Taser on a youth.
399	(b)  Establish training curriculums for protective action
400	response certification of employees and instructors. The
401	training curriculum for employee certification shall, at a
402	minimum, require the employee to:
403	1.  Complete instruction on the Protective Action Response
404	policy.
405	2.  Obtain a passing score:
406	a.  On a written examination that tests the employee's
407	knowledge and understanding of the Protective Action Response
408	policy.
409	b.  During an evaluation by an instructor of the employee's
410	physically demonstrated ability to implement the Protective
411	Action Response policy.
412	(c)  Require training curriculums for protective action
413	response certification of employees to be taught by instructors
414	who have been certified under the training curriculum for
415	protective action response certification of instructors.
416	(d)  Except as provided in s. 985.3091(9) for specified
417	certified officers, require each employee who was not certified
418	by the department in protective action response prior to July 1,
419	2006, to receive his or her protective action response
420	certification by September 30, 2006, or within 90 calendar days
421	following his or her date of hire, whichever date is later.
422	(e)  Require any employee who exercises direct care prior
423	to receiving his or her protective action response certification
424	to be directly supervised by an employee who has received his or
425	her protective action response certification.
426	Section 9.  Section 958.046, Florida Statutes, is amended
427	to read:
428	958.046  Placement in county-operated boot camp programs
429	for youthful offenders.--In counties where there are county-
430	county-operated youthful offender boot camp programs, other than
431	boot camps described in s. 958.04 or sheriff's training and
432	respect programs in s. 985.3091 985.309, the court may sentence
433	a youthful offender to such a boot camp. In county-operated
434	youthful offender boot camp programs, juvenile offenders shall
435	not be commingled with youthful offenders.
436	Section 10.  Paragraph (i) of subsection (3) of section
437	985.31, Florida Statutes, is amended to read:
438	985.31  Serious or habitual juvenile offender.--
439	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
440	TREATMENT.--
441	(i)  The treatment and placement recommendations shall be
442	submitted to the court for further action pursuant to this
443	paragraph:
444	1.  If it is recommended that placement in a serious or
445	habitual juvenile offender program or facility is inappropriate,
446	the court shall make an alternative disposition pursuant to s.
447	985.3091 985.309 or other alternative sentencing as applicable,
448	using utilizing the recommendation as a guide.
449	2.  If it is recommended that placement in a serious or
450	habitual juvenile offender program or facility is appropriate,
451	the court may commit the child to the department for placement
452	in the restrictiveness level designated for serious or habitual
453	delinquent children programs.
454	Section 11.  Section 985.314, Florida Statutes, is amended
455	to read:
456	985.314  Commitment programs for juvenile felony
457	offenders.--
458	(1)  Notwithstanding any other law and regardless of the
459	child's age, a child who is adjudicated delinquent, or for whom
460	adjudication is withheld, for an act that would be a felony if
461	committed by an adult, shall be committed to:
462	(a)  A sheriff's training and respect boot camp program
463	under s. 985.3091 985.309 if the child has participated in an
464	early delinquency intervention program as provided in s.
465	985.305.
466	(b)  A program for serious or habitual juvenile offenders
467	under s. 985.31 or an intensive residential treatment program
468	for offenders less than 13 years of age under s. 985.311, if the
469	child has participated in an early delinquency intervention
470	program and has completed a sheriff's training and respect boot
471	camp program.
472	(c)  A maximum-risk residential program, if the child has
473	participated in an early delinquency intervention program, has
474	completed a sheriff's training and respect boot camp program,
475	and has completed a program for serious or habitual juvenile
476	offenders or an intensive residential treatment program for
477	offenders less than 13 years of age. The commitment of a child
478	to a maximum-risk residential program must be for an
479	indeterminate period, but may not exceed the maximum term of
480	imprisonment that an adult may serve for the same offense.
481	(2)  In committing a child to the appropriate program, the
482	court may consider an equivalent program of similar intensity as
483	being comparable to a program required under subsection (1).
484	Section 12.  Cost of supervision and care waiver; pilot
485	program.--
486	(1)  For purposes of this section, the term:
487	(a)  "Approved parenting class" means a class approved by
488	the department under subsection (4).
489	(b)  "Court" means a circuit court in the Fourth or
490	Eleventh Judicial Circuits.
491	(c)  "Department" means the Department of Juvenile Justice.
492	(d)  "Parent" means a parent, as defined in s.
493	985.2311(13), Florida Statutes, whose child's delinquency case
494	comes before a circuit court in the Fourth or Eleventh Judicial
495	Circuit.
496	(2)(a)  Notwithstanding any contrary provision of s.
497	985.2311, Florida Statutes, for the period of October 1, 2006,
498	through June 30, 2009, the court shall enter an order waiving
499	the fees required to be paid under s. 985.2311, Florida
500	Statutes, by a parent if the parent successfully completes an
501	approved parenting class and presents the court with notarized
502	documentation of such completion.
503	(b)  Participation in an approved parenting class under
504	this subsection is voluntary and the parent is responsible for
505	the payment of all costs associated with participation in the
506	class.
507	(c)  A parent who fails to successfully complete an
508	approved parenting class shall pay the full amount of fees
509	required by s. 985.2311, Florida Statutes.
510	(d)  A parent may only have fees waived under this
511	subsection once.
512	(3)  The Office of Program Policy and Government
513	Accountability shall evaluate the pilot program created by this
514	section and shall submit a written report to the appropriate
515	substantive and fiscal committees of the Legislature, the
516	Governor, and the Department of Juvenile Justice on September
517	30, 2007, and annually thereafter, which identifies for the
518	Fourth and Eleventh Judicial Circuits during the fiscal year
519	preceding the report:
520	(a)  The number of delinquency cases in which fees were
521	required to be ordered under s. 985.2311, Florida Statutes, and
522	the total amount of those fees.
523	(b)  The number of delinquency cases in which parents
524	agreed to complete an approved parenting class and the number of
525	delinquency cases in which the parent submitted notarized
526	documentation of successful completion to the court.
527	(c)  The number of delinquency cases in which the court
528	entered an order waiving fees under subsection (2) and the total
529	amount of fees waived.
530	(d)  The number of youth, as such data becomes available,
531	who are taken into custody for a felony or misdemeanor within 6
532	months following their release from department custody or
533	supervision, whichever occurs later, and whose parents' fees
534	under s. 985.2311, Florida Statutes, are:
535	1.  Waived by court order under subsection (2).
536	2.  Not waived by court order under subsection (2).
537	(4)  The department shall contract or otherwise arrange for
538	the provision of parenting courses in the Fourth and Eleventh
539	Judicial Circuits between October 1, 2006, through June 30,
540	2009.
541	(5)  This section is repealed October 1, 2009.
542	Section 13.  This act shall take effect July 1, 2006.
543
544	======= T I T L E  A M E N D M E N T ========
545	Remove the entire title and insert:
546	A bill to be entitled
547	An act relating to juvenile justice; providing a short
548	title; amending s. 39.01, F.S.; including specified law
549	enforcement officers in the definition of "other person
550	responsible for a child's welfare" for purposes of abuse
551	investigations; amending s. 985.2155, F.S.; revising the
552	definition of the term "fiscally constrained county" for
553	purposes of determining state payment of costs of juvenile
554	detention care; amending s. 985.231, F.S.; conforming
555	cross-references; repealing s. 985.309, F.S., relating to
556	boot camps for children; creating s. 985.3091, F.S.;
557	authorizing the department to contract with a county or
558	municipal law enforcement agency for sheriff's training
559	and respect programs; providing eligibility requirements
560	for children placed in the programs; specifying required
561	program offerings; specifying program participation time
562	frames; requiring a physician or nurse to provide youth
563	medical treatment during specified hours; requiring
564	compliance with the Protective Action Response policy;
565	requiring the department to adopt rules on specified
566	subjects; defining and prohibiting "harmful psychological
567	intimidation techniques"; providing for evaluations and
568	contract cancellation under specified circumstances;
569	specifying staff training requirements; requiring the
570	department to adopt training rules; requiring specified
571	supervision for staff who provide direct care prior to
572	compliance with training requirements; requiring the
573	completion of exit physical examinations of, and exit
574	statements by, youth upon release from the program;
575	requiring investigations under specified circumstances;
576	requiring the department to maintain specified records and
577	complete an annual report; prohibiting the operation of a
578	program until department rules are adopted and the
579	department has verified program compliance with applicable
580	law and rules; authorizing emergency rules to expedite
581	implementation; amending s. 985.311, F.S.; conforming a
582	cross-reference; creating s. 985.4055, F.S.; providing
583	definitions; requiring the department to adopt rules
584	establishing a Protective Action Response policy;
585	specifying when verbal and physical intervention
586	techniques may be used; specifying prohibited uses of
587	mechanical restraints; prohibiting use of aerosol and
588	chemical agents and Tasers; requiring the department to
589	adopt rules establishing protection action response
590	training curriculums and certification procedures;
591	requiring department and provider direct care employees to
592	be certified in protective action response within
593	specified time frames and to be supervised prior to
594	certification; amending ss. 958.046, 985.31, and 985.314,
595	F.S.; conforming cross-references and terminology;
596	creating the cost of supervision and care waiver pilot
597	program in the Fourth and Eleventh Judicial Circuits;
598	providing definitions; requiring waiver of fees imposed
599	under s. 985.2311, F.S., for successful completion of
600	specified parenting classes; providing conditions
601	applicable to such waiver; providing for review of the
602	pilot program and reports by the Office of Program Policy
603	and Government Accountability; requiring the department to
604	contract or otherwise arrange for the provision of
605	parenting classes; providing for future repeal; providing
606	an effective date.

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