HB 5019

1	A bill to be entitled
2	An act relating to juvenile justice; providing a short
3	title; amending s. 39.01, F.S.; including specified law
4	enforcement officers in the definition of "other person
5	responsible for a child's welfare" for purposes of abuse
6	investigations; amending s. 985.207, F.S.; permitting a
7	law enforcement officer to take a child into custody for a
8	violation of adjudication order conditions; amending s.
9	985.215, F.S.; permitting specified types of
10	postadjudication detention for a child who has previously
11	failed to appear at delinquency court proceedings
12	regardless of risk assessment instrument results;
13	providing exceptions that permit postadjudication
14	detention until the child's disposition order is entered
15	in his or her case; conforming cross-references; amending
16	s. 985.2155, F.S.; revising the definition of the term
17	"fiscally constrained county" for purposes of determining
18	state payment of costs of juvenile detention care;
19	amending s. 985.228, F.S.; requiring the court to include
20	specified conditions in a child's order of adjudication of
21	delinquency that apply during the postadjudication and
22	predisposition period; providing a definition; permitting
23	a court to find a child in contempt of court for a
24	violation of adjudication order conditions; providing
25	sanctions; amending s. 985.231, F.S.; conforming cross-
26	references; repealing s. 985.309, F.S., relating to boot
27	camps for children; creating s. 985.3091, F.S.;
28	authorizing the department to contract for sheriff's
29	training and respect programs; providing eligibility
30	requirements for children placed in the programs;
31	specifying required program offerings; specifying program
32	participation time frames; requiring the department to
33	adopt rules and maintain specified records; providing for
34	quarterly evaluations of and contract cancellation under
35	specified circumstances; specifying staff training
36	requirements; requiring the department to adopt training
37	rules; prohibiting the provision of direct care to
38	children by staff who have not complied with training
39	requirements; prohibiting the operation of a program until
40	department rules are adopted and the department has
41	verified program compliance with applicable law and rules;
42	authorizing emergency rules to expedite implementation;
43	amending s. 985.311, F.S.; requiring the establishment of
44	minimum thresholds for evaluations; conforming cross-
45	references; creating s. 985.4055, F.S.; providing
46	definitions; requiring the department to adopt rules
47	establishing a protective action response policy;
48	specifying when verbal and physical intervention
49	techniques may be used; specifying prohibited uses of
50	mechanical restraints; prohibiting use of aerosol and
51	chemical agents; requiring the department to adopt rules
52	establishing protection action response training
53	curriculums and certification procedures; requiring
54	department and provider employees to be certified in
55	protective action response prior to exercising direct
56	care; creating s. 985.4056, F.S.; creating the Juvenile
57	Justice Accountability Commission; providing for
58	membership; providing definitions; providing for meetings
59	and voting requirements; providing for an executive
60	director and staff; providing for commission's budget;
61	providing for reimbursement of per diem and travel
62	expenses; requiring the commission to contract for a
63	comprehensive evaluation and accountability system for
64	juvenile justice programs; providing requirements for the
65	system; requiring a report by the system provider;
66	specifying commission duties; requiring a report by the
67	commission; providing for termination of juvenile justice
68	programs in specified circumstances; requiring the
69	commission to adopt rules; amending s. 985.412, F.S.;
70	deleting department's authority to establish a
71	comprehensive quality assurance system; providing
72	conforming changes; deleting obsolete provisions relating
73	to incentive and disincentive proposals and liquidated
74	damages; amending ss. 958.046, 985.31, and 985.314, F.S.;
75	conforming cross-references and terminology; creating the
76	cost of supervision and care waiver pilot program in the
77	Ninth Judicial Circuit; requiring waiver of fees imposed
78	under s. 985.2311, F.S., for successful completion of
79	specified parenting classes; providing conditions
80	applicable to such waiver; providing for review of the
81	pilot program and reports by the Office of Program Policy
82	and Government Accountability; requiring the Juvenile
83	Justice Accountability Commission to contract for the
84	provision of parenting classes; providing for future
85	repeal; providing for a type two transfer of powers,
86	duties, resources, and personnel relating to specified
87	department responsibilities to the Juvenile Justice
88	Accountability Commission; providing an effective date.
89
90	Be It Enacted by the Legislature of the State of Florida:
91
92	Section 1.  This act may be cited as the "Martin Lee
93	Anderson Act of 2006."
94	Section 2.  Subsection (47) of section 39.01, Florida
95	Statutes, is amended to read:
96	39.01  Definitions.--When used in this chapter, unless the
97	context otherwise requires:
98	(47)  "Other person responsible for a child's welfare"
99	includes the child's legal guardian, legal custodian, or foster
100	parent; an employee of a private school, public or private child
101	day care center, residential home, institution, facility, or
102	agency; a law enforcement officer employed in any facility,
103	service, or program for children that is operated or contracted
104	by the Department of Juvenile Justice; or any other person
105	legally responsible for the child's welfare in a residential
106	setting; and also includes an adult sitter or relative entrusted
107	with a child's care. For the purpose of departmental
108	investigative jurisdiction, this definition does not include the
109	following persons when they are acting in an official capacity:
110	law enforcement officers, except as otherwise provided in this
111	subsection; or employees of municipal or county detention
112	facilities; or employees of the Department of Corrections, while
113	acting in an official capacity.
114	Section 3.  Paragraph (e) is added to subsection (1) of
115	section 985.207, Florida Statutes, to read:
116	985.207  Taking a child into custody.--
117	(1)  A child may be taken into custody under the following
118	circumstances:
119	(e)  When a law enforcement officer has probable cause to
120	believe that a child who is awaiting disposition has violated
121	conditions imposed by the court under s. 985.228(5) in his or
122	her order of adjudication of delinquency.
123
124	Nothing in this subsection shall be construed to allow the
125	detention of a child who does not meet the detention criteria in
126	s. 985.215.
127	Section 4.  Subsection (2) and paragraphs (d) and (g) of
128	subsection (5) of section 985.215, Florida Statutes, are amended
129	to read:
130	985.215  Detention.--
131	(2)  Subject to the provisions of subsection (1), a child
132	taken into custody and placed into nonsecure or home detention
133	care or detained in secure detention care prior to a detention
134	hearing may continue to be detained by the court if:
135	(a)  The child is alleged to be an escapee from a
136	residential commitment program, or an absconder from a
137	nonresidential commitment program, a probation program, or
138	conditional release supervision, or is alleged to have escaped
139	while being lawfully transported to or from a residential
140	commitment program.
141	(b)  The child is wanted in another jurisdiction for an
142	offense which, if committed by an adult, would be a felony.
143	(c)  The child is charged with a delinquent act or
144	violation of law and requests in writing through legal counsel
145	to be detained for protection from an imminent physical threat
146	to his or her personal safety.
147	(d)  The child is charged with committing an offense of
148	domestic violence as defined in s. 741.28 and is detained as
149	provided in s. 985.213(2)(b)3.
150	(e)  The child is charged with possession or discharging a
151	firearm on school property in violation of s. 790.115.
152	(f)  The child is charged with a capital felony, a life
153	felony, a felony of the first degree, a felony of the second
154	degree that does not involve a violation of chapter 893, or a
155	felony of the third degree that is also a crime of violence,
156	including any such offense involving the use or possession of a
157	firearm.
158	(g)  The child is charged with any second degree or third
159	degree felony involving a violation of chapter 893 or any third
160	degree felony that is not also a crime of violence, and the
161	child:
162	1.  Has a record of failure to appear at court hearings
163	after being properly notified in accordance with the Rules of
164	Juvenile Procedure;
165	2.  Has a record of law violations prior to court hearings;
166	3.  Has already been detained or has been released and is
167	awaiting final disposition of the case;
168	4.  Has a record of violent conduct resulting in physical
169	injury to others; or
170	5.  Is found to have been in possession of a firearm.
171	(h)  The child is alleged to have violated the conditions
172	of the child's probation or conditional release supervision.
173	However, a child detained under this paragraph may be held only
174	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
175	consequence unit is not available, the child shall be placed on
176	home detention with electronic monitoring.
177	(i)  The child is detained on a judicial order for failure
178	to appear and has previously willfully failed to appear, after
179	proper notice, for an adjudicatory hearing on the same case
180	regardless of the results of the risk assessment instrument. A
181	child may be held in secure detention for up to 72 hours in
182	advance of the next scheduled court hearing pursuant to this
183	paragraph. The child's failure to keep the clerk of court and
184	defense counsel informed of a current and valid mailing address
185	where the child will receive notice to appear at court
186	proceedings does not provide an adequate ground for excusal of
187	the child's nonappearance at the hearings.
188	(j)  The child is detained on a judicial order for failure
189	to appear and has previously willfully failed to appear, after
190	proper notice, at two or more court hearings of any nature on
191	the same case regardless of the results of the risk assessment
192	instrument. A child may be held in secure detention for up to 72
193	hours in advance of the next scheduled court hearing pursuant to
194	this paragraph. The child's failure to keep the clerk of court
195	and defense counsel informed of a current and valid mailing
196	address where the child will receive notice to appear at court
197	proceedings does not provide an adequate ground for excusal of
198	the child's nonappearance at the hearings.
199	(k)  At his or her adjudicatory hearing, the child has been
200	found to have committed a delinquent act or violation of law and
201	has previously willfully failed to appear, after proper notice,
202	for other delinquency court proceedings of any nature regardless
203	of the results of the risk assessment instrument. A child may be
204	held in secure detention or, at the discretion of the court and
205	if available, placed on home detention with electronic
206	monitoring until the child's disposition order is entered in his
207	or her case. The child's failure to keep the clerk of court and
208	defense counsel informed of a current and valid mailing address
209	where the child will receive notice to appear at court
210	proceedings does not provide an adequate ground for excusal of
211	the child's nonappearance at the hearings.
212
213	A child who meets any of these criteria and who is ordered to be
214	detained pursuant to this subsection shall be given a hearing
215	within 24 hours after being taken into custody. The purpose of
216	the detention hearing is to determine the existence of probable
217	cause that the child has committed the delinquent act or
218	violation of law with which he or she is charged and the need
219	for continued detention, except where the child is alleged to
220	have absconded from a nonresidential commitment program in which
221	case the court, at the detention hearing, shall order that the
222	child be released from detention and returned to his or her
223	nonresidential commitment program. Unless a child is detained
224	under paragraph (d), or paragraph (e), or paragraph (k), the
225	court shall use the results of the risk assessment performed by
226	the juvenile probation officer and, based on the criteria in
227	this subsection, shall determine the need for continued
228	detention. A child placed into secure, nonsecure, or home
229	detention care may continue to be so detained by the court
230	pursuant to this subsection. If the court orders a placement
231	more restrictive than indicated by the results of the risk
232	assessment instrument, the court shall state, in writing, clear
233	and convincing reasons for such placement. Except as provided in
234	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
235	paragraph (10)(c), or paragraph (10)(d), when a child is placed
236	into secure or nonsecure detention care, or into a respite home
237	or other placement pursuant to a court order following a
238	hearing, the court order must include specific instructions that
239	direct the release of the child from such placement no later
240	than 5 p.m. on the last day of the detention period specified in
241	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
242	whichever is applicable, unless the requirements of such
243	applicable provision have been met or an order of continuance
244	has been granted pursuant to paragraph (5)(f).
245	(5)
246	(d)  Except as provided in paragraph (2)(k), paragraph (g),
247	or s. 985.228(5), a child may not be held in secure, nonsecure,
248	or home detention care for more than 15 days following the entry
249	of an order of adjudication.
250	(g)  Upon good cause being shown that the nature of the
251	charge requires additional time for the prosecution or defense
252	of the case, the court may extend the time limits for detention
253	specified in paragraph (c) or paragraph (d) an additional 9 days
254	if the child is charged with an offense that would be, if
255	committed by an adult, a capital felony, a life felony, a felony
256	of the first degree, or a felony of the second degree involving
257	violence against any individual.
258	Section 5.  Paragraph (b) of subsection (2) of section
259	985.2155, Florida Statutes, is amended to read:
260	985.2155  Shared county and state responsibility for
261	juvenile detention.--
262	(2)  As used in this section, the term:
263	(b)  "Fiscally constrained county" means a county
264	designated as a rural area of critical economic concern under s.
265	288.0656 for which the value of a mill in the county is no more
266	than $4 $3 million, based on the property valuations and tax
267	data annually published by the Department of Revenue under s.
268	195.052.
269	Section 6.  Subsection (5) of section 985.228, Florida
270	Statutes, is amended to read:
271	985.228  Adjudicatory hearings; withheld adjudications;
272	orders of adjudication.--
273	(5)(a)  If the court finds that the child named in a
274	petition has committed a delinquent act or violation of law, but
275	elects not to proceed under subsection (4), it shall incorporate
276	that finding in an order of adjudication of delinquency entered
277	in the case, briefly stating the facts upon which the finding is
278	made, and the court shall thereafter have full authority under
279	this chapter to deal with the child as adjudicated.
280	(b)  The order of adjudication of delinquency under
281	paragraph (a) shall also include conditions that must be
282	followed by the child until a disposition order is entered in
283	his or her case. These conditions must include, but are not
284	limited to, specifying that the child, during any period of time
285	that he or she:
286	1.  Is not in secure detention, must comply with a curfew;
287	must attend school or another educational program, if eligible;
288	and is prohibited from engaging in ungovernable behavior.
289	2.  Is in secure detention, is prohibited from engaging in
290	ungovernable behavior.
291	(c)  For purposes of this subsection, the term
292	"ungovernable behavior" means:
293	1.  The child's failing to obey the reasonable and lawful
294	demands of the child's parent or legal guardian and, where
295	applicable, the reasonable and lawful demands of a person
296	responsible for supervising the child while he or she is in
297	school, another educational program, or secure detention.
298	2.  The child engaging in behavior that evidences a risk
299	that the child may fail to appear for future court proceedings
300	or may inflict harm upon others or the property of others.
301	3.  Other behavior of the child as specified in writing by
302	the court in the order of adjudication of delinquency.
303	(d)  If a child willfully violates a condition contained in
304	his or her order of adjudication of delinquency, the court may
305	find the child in direct or indirect contempt of court under s.
306	985.216; however, notwithstanding s. 985.216 and the results of
307	the risk assessment instrument, the child's sanctions for such
308	contempt of court shall be placement in secure detention or, at
309	the discretion of the court and if available, on home detention
310	with electronic monitoring until the child's disposition order
311	is entered in his or her case.
312	Section 7.  Paragraph (j) of subsection (1) of section
313	985.231, Florida Statutes, is amended to read:
314	985.231  Powers of disposition in delinquency cases.--
315	(1)
316	(j)  If the offense committed by the child was grand theft
317	of a motor vehicle, the court:
318	1.  Upon a first adjudication for a grand theft of a motor
319	vehicle, may place the child youth in a sheriff's training and
320	respect program boot camp, unless the child is ineligible under
321	s. 985.3091 pursuant to s. 985.309, and shall order the child
322	youth to complete a minimum of 50 hours of community service.
323	2.  Upon a second adjudication for grand theft of a motor
324	vehicle which is separate and unrelated to the previous
325	adjudication, may place the child youth in a sheriff's training
326	and respect program boot camp, unless the child is ineligible
327	under s. 985.3091 pursuant to s. 985.309, and shall order the
328	child youth to complete a minimum of 100 hours of community
329	service.
330	3.  Upon a third adjudication for grand theft of a motor
331	vehicle which is separate and unrelated to the previous
332	adjudications, shall place the child youth in a sheriff's
333	training and respect program boot camp or other treatment
334	program, unless the child is ineligible under s. 985.3091
335	pursuant to s. 985.309, and shall order the child youth to
336	complete a minimum of 250 hours of community service.
337	Section 8.  Section 985.309, Florida Statutes, is repealed.
338	Section 9.  Section 985.3091, Florida Statutes, is created
339	to read:
340	985.3091  Sheriff's training and respect programs.--
341	(1)  Contingent upon specific appropriation, local funding,
342	or specific appropriation and local funding, a county sheriff
343	may, under contract with the department, implement and operate a
344	sheriff's training and respect program to provide intensive
345	education, physical training, and rehabilitation for children
346	who are eligible under subsection (2). A sheriff's training and
347	respect program shall be under the sheriff's supervisory
348	authority as determined by the contract between the department
349	and the sheriff.
350	(2)  A child is eligible for placement in a sheriff's
351	training and respect program if he or she:
352	(a)  Is at least 14 years of age but less than 18 years of
353	age at the time of adjudication.
354	(b)  Has been committed to the department for any offense
355	that, if committed by an adult, would be a felony other than a
356	capital felony, a life felony, or a violent felony of the first
357	degree.
358	(c)  Has a medical, psychological, and substance abuse
359	profile that is conducive to successful completion of the
360	program, as determined by the sheriff's and department's review
361	of preadmission medical, psychological, and substance abuse
362	screenings conducted by the department.
363	(d)  Will be placed in the judicial circuit in which the
364	child was adjudicated, except that the child may be placed
365	outside of that judicial circuit if:
366	1.  The department, or the court if otherwise authorized by
367	law to select a commitment program within a restrictiveness
368	level for a child, determines that placement within the judicial
369	circuit would not be in the child's best interest or the
370	sheriff's training and respect program is unable to accept the
371	child; and
372	2.  The child's parent or guardian agrees in writing to the
373	placement.
374	(3)  A sheriff's training and respect program shall require
375	children to:
376	(a)  Participate in physical training exercises.
377	(b)  Complete educational, vocational, community service,
378	and substance abuse programs.
379	(c)  Receive training in life and job skills and in
380	techniques for appropriate decisionmaking.
381	(d)  Receive counseling that is directed at replacing
382	criminal thinking, beliefs, and values with moral thinking,
383	beliefs, and values.
384	(4)  A sheriff's training and respect program shall be a
385	moderate-risk residential program and must provide conditional
386	release assessment and services in accordance with s. 985.316.
387	The minimum period of participation in the residential component
388	of a sheriff's training and respect program is 4 months;
389	however, this subsection does not prohibit operation of a
390	program that requires the participants to spend more than 4
391	months in the residential component of the program or that
392	requires the participants to complete two sequential programs of
393	4 months each in the residential component of the program.
394	(5)  The department shall adopt rules under ss. 120.536(1)
395	and 120.54 for the sheriff's training and respect program that
396	specify:
397	(a)  Requirements for the preadmission medical,
398	psychological, and substance abuse screenings required by
399	subsection (2).
400	(b)  Authorized disciplinary sanctions and restrictions on
401	the privileges of the general population of children in the
402	program. The rules must prohibit the use of physical force or
403	restraint except as authorized in rules adopted pursuant to s.
404	985.4055 and must specifically preclude the use of physical
405	force or restraint as a disciplinary sanction or to encourage
406	compliance with program requirements.
407	(c)  Prohibitions on the use of psychological intimidation
408	techniques, unless necessary for the safety of youth or other
409	persons or to maintain security.
410	(d)  Requirements for provision of notice by the program to
411	the department and for the removal of a child from the program
412	if the child becomes unmanageable or ineligible for the program
413	due to changes in his or her medical, psychological, or
414	substance abuse profile.
415	(e)  Requirements for the prominent display of the
416	telephone number of the statewide abuse registry and for
417	immediate access by children in the program, upon request, to a
418	telephone for the purpose of contacting the abuse registry.
419	(6)(a)  Evaluations under s. 985.412(5) of each sheriff's
420	training and respect program shall be conducted quarterly during
421	the first year of the program's operation. Thereafter, if the
422	program has met the minimum thresholds for the evaluation, the
423	program shall be evaluated annually. If a sheriff's training and
424	respect program fails to meet the minimum thresholds, the
425	department shall cancel the contract for the program:
426	1.  Immediately if the program has a deficiency in a
427	critical life safety aspect of its operations, as defined in
428	department rule, or has failed to train and certify its
429	employees as required in s. 985.4055.
430	2.  If the program fails to achieve compliance with the
431	minimum thresholds for program continuation within 3 months,
432	unless there are documented extenuating circumstances, as
433	defined in department rule.
434	(b)  Upon cancellation of a contract under paragraph (a),
435	the program's operations shall immediately cease and the
436	department shall immediately discontinue any state payments to
437	the program.
438	(7)  The department shall keep records and monitor criminal
439	activity, educational progress, and employment placement of all
440	sheriff's training and respect program participants after their
441	release from the program. The department must annually publish
442	an outcome evaluation study of each sheriff's training and
443	respect program.
444	(8)(a)  The department shall adopt rules under ss.
445	120.536(1) and 120.54 that establish training requirements for
446	staff in a sheriff's training and respect program. These
447	requirements shall, at a minimum, require administrative staff
448	to successfully complete 120 contact hours of department-
449	approved training and staff who provide direct care, as defined
450	in s. 985.4055, to successfully complete 200 contact hours of
451	department-approved training.
452	(b)  Department-approved training must include, but is not
453	limited to, training on:
454	1.  State and federal laws relating to child abuse.
455	2.  Authorized disciplinary sanctions, privilege
456	restrictions, and limitations on use of physical force and
457	restraint techniques under paragraph (5)(b) and prohibited
458	psychological intimidation techniques under paragraph (5)(c).
459	3.  Appropriate counseling techniques and aggression
460	control methods.
461	4.  Appropriate methods for dealing with children who have
462	been placed in programs that emphasize physical fitness and
463	personal discipline, including training on the identification
464	of, and appropriate responses to, children who are experiencing
465	physical or mental distress.
466	5.  Cardiopulmonary resuscitation, choke-relief, and other
467	emergency medical procedures.
468	(c)  All department-approved training courses under this
469	subsection must be taught by persons who are certified as
470	instructors by the Division of Criminal Justice Standards and
471	Training of the Department of Law Enforcement and who have prior
472	experience in a juvenile program. A training course in
473	counseling techniques need not be taught by a certified
474	instructor but must be taught by a person who has at least a
475	bachelor's degree in social work, counseling, psychology, or a
476	related field.
477	(d)  A person may not provide direct care, as defined in s.
478	985.4055, to a child in a sheriff's training and respect program
479	unless he or she has successfully completed the training
480	requirements under this subsection and has complied with the
481	requirements for employees under s. 985.4055(2)(b)-(d).
482	(9)  Children shall not be admitted to a sheriff's training
483	and respect program until the department has adopted the rules
484	required by this section and has verified that each program is
485	in compliance with all laws and rules applicable to the program.
486	The department may adopt emergency rules pursuant to s.
487	120.54(4) if necessary to allow operation of sheriff's training
488	and respect programs beginning July 1, 2006.
489	Section 10.  Paragraph (i) of subsection (3) of section
490	985.311, Florida Statutes, is amended to read:
491	985.311  Intensive residential treatment program for
492	offenders less than 13 years of age.--
493	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
494	TREATMENT.--
495	(i)  The treatment and placement recommendations shall be
496	submitted to the court for further action pursuant to this
497	paragraph:
498	1.  If it is recommended that placement in an intensive
499	residential treatment program for offenders less than 13 years
500	of age is inappropriate, the court shall make an alternative
501	disposition pursuant to s. 985.3091 985.309 or other alternative
502	sentencing as applicable, utilizing the recommendation as a
503	guide.
504	2.  If it is recommended that placement in an intensive
505	residential treatment program for offenders less than 13 years
506	of age is appropriate, the court may commit the child to the
507	department for placement in the restrictiveness level designated
508	for intensive residential treatment program for offenders less
509	than 13 years of age.
510	Section 11.  Section 985.4055, Florida Statutes, is created
511	to read:
512	985.4055  Protective action response.--
513	(1)  For purposes of this section, the term:
514	(a)  "Direct care" means the care, supervision, custody, or
515	control of youth in any facility, service, or program that is
516	operated by the department or by a provider under contract with
517	the department.
518	(b)  "Employee" means any person who exercises direct care.
519	(c)  "Protective Action Response policy" means the policy
520	governing the use of verbal and physical intervention
521	techniques, mechanical restraints, and aerosol and chemical
522	agents by employees.
523	(2)  The department shall adopt rules under ss. 120.536(1)
524	and 120.54 that:
525	(a)  Establish a Protective Action Response policy that:
526	1.  Defines the authorized level of response by an employee
527	to each level of verbal or physical resistance by a youth.
528	2.  Requires the use of verbal intervention techniques as
529	the initial response by an employee to verbal or physical
530	resistance by a youth, except where physical intervention
531	techniques are necessary to prevent:
532	a.  Physical harm to the youth, employee, or another
533	person;
534	b.  Property damage; or
535	c.  The youth from escaping or absconding from lawful
536	supervision.
537	3.  Defines authorized physical intervention techniques and
538	the situations under which employees may use these techniques
539	for youth. Pain compliance techniques and use of less than
540	lethal force shall be prohibited, except where necessary to
541	prevent:
542	a.  Physical harm to the youth, employee, or another
543	person;
544	b.  Property damage; or
545	c.  The youth from escaping or absconding from lawful
546	supervision.
547
548	Lethal force shall be prohibited, except where necessary to
549	protect the employee or another person from an imminent threat
550	of great bodily harm or death. Prior authorization by an
551	employee's supervisor for the use of physical intervention
552	techniques shall be obtained when practical.
553	4.  Defines authorized use of mechanical restraints and the
554	situations under which employees may use such restraints on
555	youth. Prohibited uses of mechanical restraints shall include
556	the use of neck restraints and the securing of a youth to a
557	fixed object. Supervision requirements for youth who are secured
558	in mechanical restraints shall include constant and direct
559	visual monitoring by an employee for purposes of insuring youth
560	safety and ascertaining indications by the youth that restraints
561	are no longer necessary. Prior authorization by an employee's
562	supervisor for the use of mechanical restraints shall be
563	obtained when practical.
564	5.  Prohibits employee use of aerosol or chemical agents,
565	including, but not limited to, oleoresin capsicum spray and
566	ammonia capsules, on a youth unless required for medical
567	treatment of the youth by a licensed medical professional.
568	(b)  Establish training curriculums for protective action
569	response certification of employees and instructors. The
570	training curriculum for employee certification shall, at a
571	minimum, require the employee to:
572	1.  Complete 40 hours of instruction on the protective
573	action response policy.
574	2.  Obtain a passing score:
575	a.  On a written examination that tests the employee's
576	knowledge and understanding of the protective action response
577	policy.
578	b.  During an evaluation by an instructor of the employee's
579	physically demonstrated ability to implement the protective
580	action response policy.
581	(c)  Require training curriculums for protective action
582	response certification of employees to be taught by instructors
583	who have been certified under the training curriculum for
584	protective action response certification of instructors.
585	(d)  Require each employee to have:
586	1.  Completed the instruction required under subparagraph
587	(b)1 within 90 days.
588	2.  Received his or her protective action response
589	certification within 90 days.
590	3.  Direct supervision during the 90-day period prior to
591	completing the instruction and certification requirements under
592	subparagraphs 1. and 2. by an employee who had received the
593	training and certification required by subparagraphs 1. and 2.
594	Section 12.  Section 985.4056, Florida Statutes, is created
595	to read:
596	985.4056  Juvenile Justice Accountability Commission.--
597	(1)  CREATION; MEMBERSHIP.--
598	(a)  The Juvenile Justice Accountability Commission is
599	created and administratively housed within the department. The
600	commission shall be composed of seven members appointed by the
601	Governor. Each member of the commission must have direct
602	experience in juvenile justice issues and must be a citizen of
603	and registered voter in this state. The composition of the
604	commission must equitably represent all geographic areas of the
605	state and include minorities and women.
606	(b)  Within the 2-year period preceding his or her
607	appointment, a member of the commission may not have been, and
608	during the 2-year period following termination of his or her
609	appointment, a member of the commission may not be:
610	1.  An employee of, a consultant to, or a provider under
611	contract with the department.
612	2.  A contractor, or an employee or a consultant thereof,
613	who submits a bid, proposal, or reply in response to a
614	competitive solicitation issued by the commission.
615	(c)  Each member of the commission shall serve a term of 4
616	years; however, for the purpose of providing staggered terms, of
617	the initial appointments, three members shall serve 2-year terms
618	and four members shall serve 4-year terms. Any vacancy on the
619	commission shall be filled in the same manner as the original
620	appointment within 60 days after the date upon which the vacancy
621	occurred, and any member appointed to fill a vacancy shall serve
622	only for the unexpired term of the member's predecessor. The
623	chairperson of the commission shall be selected by the members
624	for a term of 1 year.
625	(d)  In addition to the membership specified under this
626	subsection, the commission shall invite ex officio, nonvoting
627	associates to attend and participate in commission meetings and
628	to provide advice to the commission. The ex officio associates
629	shall include, but are not limited to:
630	1.  A member of the House of Representatives designated by
631	the Speaker of the House.
632	2.  A member of the Senate designated by the President of
633	the Senate.
634	3.  An employee of the Executive Office of the Governor
635	designated by the Governor.
636	4.  An employee of the department.
637	5.  A circuit court judge with at least 1 year's experience
638	in the juvenile delinquency division.
639	6.  A sheriff.
640	7.  A provider under contract with the department for the
641	provision of one or more juvenile justice programs.
642	8.  A member of a juvenile justice advocacy organization.
643	9.  An employee of the Department of Law Enforcement who is
644	responsible for data compilation and research.
645	10.  A state university employee responsible for juvenile
646	justice research.
647	(2)  DEFINITIONS.--For purposes of this section, the term:
648	(a)  "Juvenile justice program" means any facility,
649	service, or program that is operated by the department or by a
650	provider under contract with the department.
651	(b)  "Minorities" means a member of a socially or
652	economically disadvantaged group and includes African Americans,
653	Hispanics, and American Indians.
654	(3)  MEETINGS.--
655	(a)  The commission shall hold a minimum of four regular
656	meetings annually, and other meetings may be called by the chair
657	upon giving at least 7 days' notice to all members and the
658	public pursuant to chapter 120. Meetings may also be held upon
659	the written request of at least four members, upon at least 7
660	days' notice of such meeting being given to all members and the
661	public by the chair pursuant to chapter 120. Emergency meetings
662	may be held without notice upon the request of all members. The
663	meetings of the commission shall be held in the central office
664	of the department in Tallahassee unless the chair determines
665	that special circumstances warrant meeting at another location.
666	(b)  A majority of the membership of the commission
667	constitutes a quorum and a quorum is required for any meeting of
668	the commission during which action will be voted upon. An action
669	of the commission is not binding unless the action is taken
670	pursuant to an affirmative vote of a majority of the members
671	present and the vote must be recorded in the minutes of the
672	meeting.
673	(c)  A member of the commission may not authorize a
674	designee to attend a meeting of the commission in his or her
675	place. A member who fails to attend two consecutive regularly
676	scheduled meetings of the commission, unless the member is
677	excused by the chairperson, shall be deemed to have abandoned
678	the position, and the position shall be declared vacant by the
679	commission.
680	(d)  The chairperson shall cause to be made a complete
681	record of the proceedings of the commission, which record shall
682	be open for public inspection.
683	(4)  ORGANIZATION.--
684	(a)  The commission, subject to appropriation, may employ
685	an executive director and other staff, and may retain
686	consultants, as necessary.
687	(b)  The commission shall be a separate budget entity, and
688	the executive director shall be the chief administrative
689	officer. The department shall provide administrative support and
690	service to the commission to the extent requested by the
691	executive director. The commission and its staff are not subject
692	to the control, supervision, or direction of the department.
693	(c)  The commission shall develop a budget pursuant to
694	chapter 216. The budget is not subject to change by the
695	department and shall be submitted to the Governor and
696	Legislature as provided in s. 216.023.
697	(d)  Members of the commission and ex officio associates
698	shall serve without compensation, but are entitled to
699	reimbursement for per diem and travel expenses under s. 112.061.
700	(5)  DUTIES.--The commission shall:
701	(a)  On or before October 1, 2006 and subject to
702	appropriation, enter into a contract under chapter 287 for the
703	development of a comprehensive evaluation, accountability, and
704	reporting system for each juvenile justice program individually
705	and for each category of the juvenile justice program for the
706	purpose of informing service providers and policy makers of the
707	effectiveness of individual providers and of the various
708	approaches to providing services. The contract must require the
709	provider to deliver the following on or before January 15, 2007:
710	1.  A standardized evaluation protocol based upon best
711	practices for each juvenile justice program that:
712	a.  Includes minimum thresholds for program continuation
713	and that identifies program effectiveness and areas in need of
714	expansion, improvement, modification, or elimination.
715	b.  Provides criteria for program termination based upon
716	evaluation results.
717	c.  Requires continual review of best practices literature
718	and updates to the standardized evaluation protocol based upon
719	that review.
720	d.  Requires an annual report to the executive and
721	legislative branches, which sets forth for each juvenile justice
722	program::
723	(I)  A comprehensive description of the population served
724	by the program.
725	(II)  A specific description of the services provided by
726	the program.
727	(III)  Program cost.
728	(IV)  A comparison of expenditures to federal and state
729	funding.
730	(V)  Immediate and long-range program concerns.
731	(VI)  Recommendations to maintain, expand, improve, modify,
732	or eliminate the program.
733	2.  A process for the collection, analysis, and reporting
734	of statistical data that will enable continuous evaluation of
735	the juvenile justice system as a whole and will provide the
736	Legislature, Governor, and the department with necessary and
737	useful information and reports to make informed decisions
738	regarding the effectiveness of, and any needed changes in,
739	juvenile justice programming, policies, and laws.
740	(b)  On or before February 15, 2007, submit a report to the
741	appropriate substantive and fiscal committees of the
742	Legislature, the Governor, and the secretary of the department
743	that:
744	1.  Provides a detailed summary of, and an implementation
745	schedule for, the comprehensive evaluation, accountability, and
746	reporting system developed by the provider under paragraph (a).
747	2.  Sets forth recommendations by the commission for:
748	a.  Modifications to the provider-developed system if found
749	warranted by the commission.
750	b.  Statutory amendments and department rule and policy
751	changes that will be required to implement the provider-
752	developed system.
753	c.  Review and recommend programmatic and fiscal policies
754	governing the operation of juvenile justice programs. Funding
755	requirements for implementation of the provider-developed
756	system.
757	d. Whether the provider-developed system should be
758	implemented by employees of the commission or by a provider
759	under contract with the commission.
760	(c)  Monitor the development and implementation of long-
761	range juvenile justice program policies, including prevention,
762	early intervention, diversion, adjudication, and commitment.
763	(d)  Review and recommend programmatic and fiscal policies
764	governing the operation of juvenile justice programs.
765	(e)  Serve as a clearinghouse, in coordination with the
766	department, to provide information and assistance to the
767	juvenile justice circuit boards and juvenile justice county
768	councils.
769	(f)  Advise the President of the Senate, the Speaker of the
770	House of Representatives, the Governor, and the department on
771	matters relating to this chapter.
772	(g)  Conduct such other activities as the commission may
773	determine are necessary and appropriate to monitor the
774	effectiveness of the delivery of juvenile justice under this
775	chapter.
776	(h)  Submit an annual report to the Governor, the
777	appropriate substantive and fiscal committees of the
778	Legislature, and the secretary of the department no later than
779	January 1st of each year that summarizes the meetings and
780	activities of the commission during the preceding year and
781	includes any recommendations of the commission for the following
782	year.
783	(6) INFORMATION SYSTEM ACCESS.--The department shall
784	provide the commission with automated access to the Juvenile
785	Justice Information System under s. 20.316(4).
786	(7)  RULEMAKING.--The commission shall adopt rules pursuant
787	to ss. 120.536(1) and 120.54 to implement the provisions of this
788	section.
789	Section 13.  Section 985.412, Florida Statutes, is amended
790	to read:
791	985.412  Program review and reporting requirements Quality
792	assurance and cost-effectiveness.--
793	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
794	Legislature that the department:
795	(a)  Ensure that information be provided to decisionmakers
796	in a timely manner so that resources are allocated to programs
797	that of the department which achieve desired performance levels.
798	(b)  Collect and analyze available statistical data for the
799	purpose of ongoing evaluation of all programs.
800	(c)(b)  Provide information about the cost of such programs
801	and their differential effectiveness so that program the quality
802	may of such programs can be compared and improvements made
803	continually.
804	(d)(c)  Provide information to aid in developing related
805	policy issues and concerns.
806	(e)(d)  Provide information to the public about the
807	effectiveness of such programs in meeting established goals and
808	objectives.
809	(f)(e)  Provide a basis for a system of accountability so
810	that each youth client is afforded the best programs to meet his
811	or her needs.
812	(g)(f)  Improve service delivery to youth clients.
813	(h)(g)  Modify or eliminate activities that are not
814	effective.
815	(2)   DEFINITIONS.--As used in this section, the term:
816	(a)  "Youth" "Client" means any person who is being
817	provided treatment or services by the department or by a
818	provider under contract with the department.
819	(b)  "Program" means any facility, service, or program for
820	youth that is operated by the department or by a provider under
821	contract with the department.
822	(c)(b)  "Program component" means an aggregation of
823	generally related objectives which, because of their special
824	character, related workload, and interrelated output, can
825	logically be considered an entity for purposes of organization,
826	management, accounting, reporting, and budgeting.
827	(c)  "Program effectiveness" means the ability of the
828	program to achieve desired client outcomes, goals, and
829	objectives.
830	(d)  "Program group" means a collection of programs with
831	sufficient similarity of function, services, and youth to permit
832	appropriate comparisons among programs within the group.
833	(3)  OUTCOME EVALUATION.--The department, in consultation
834	with the Office of Economic and Demographic Research, the Office
835	of Program Policy Analysis and Government Accountability, and
836	contract service providers, shall develop and use a standard
837	methodology for annually measuring, evaluating, and reporting
838	program outputs and youth outcomes for each program and program
839	group.
840	(a)  The standard methodology must:
841	1.  Incorporate, whenever possible, performance-based
842	budgeting measures.
843	2.  Include common terminology and operational definitions
844	for measuring the performance of system and program
845	administration, program outputs, and youth outcomes.
846	3.  Specify program outputs for each program and for each
847	program group within the juvenile justice continuum.
848	4.  Specify desired youth outcomes and methods by which to
849	measure youth outcomes for each program and program group.
850	(b)  By February 15 of each year, the department shall
851	submit to the appropriate substantive and fiscal committees of
852	each house of the Legislature and the Governor a report that
853	identifies and describes:
854	1.  The standard methodology implemented under paragraph
855	(a).
856	2.  The programs offered within each program group.
857	3.  The demographic profile and offense history of youth
858	served in each program group.
859	4.  The actual program outputs and youth outcomes achieved
860	in each program group. The department shall annually collect and
861	report cost data for every program operated or contracted by the
862	department. The cost data shall conform to a format approved by
863	the department and the Legislature. Uniform cost data shall be
864	reported and collected for state-operated and contracted
865	programs so that comparisons can be made among programs. The
866	department shall ensure that there is accurate cost accounting
867	for state-operated services including market-equivalent rent and
868	other shared cost. The cost of the educational program provided
869	to a residential facility shall be reported and included in the
870	cost of a program. The department shall submit an annual cost
871	report to the President of the Senate, the Speaker of the House
872	of Representatives, the Minority Leader of each house of the
873	Legislature, the appropriate substantive and fiscal committees
874	of each house of the Legislature, and the Governor, no later
875	than December 1 of each year. Cost-benefit analysis for
876	educational programs will be developed and implemented in
877	collaboration with and in cooperation with the Department of
878	Education, local providers, and local school districts. Cost
879	data for the report shall include data collected by the
880	Department of Education for the purposes of preparing the annual
881	report required by s. 1003.52(19).
882	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
883	Juvenile Justice, in consultation with the Office of Economic
884	and Demographic Research, and contract service providers, shall
885	develop a cost-effectiveness model and apply the model to each
886	commitment program. Program recidivism rates shall be a
887	component of the model.
888	(a)  The cost-effectiveness model shall compare program
889	costs to expected and actual youth recidivism rates client
890	outcomes and program outputs. It is the intent of the
891	Legislature that continual development efforts take place to
892	improve the validity and reliability of the cost-effectiveness
893	model and to integrate the standard methodology developed under
894	s. 985.401(4) for interpreting program outcome evaluations.
895	(b)  The department shall rank commitment programs based on
896	the cost-effectiveness model and shall submit a report to the
897	appropriate substantive and fiscal committees of each house of
898	the Legislature by January 15 December 31 of each year.
899	(c)  Based on reports of the department on client outcomes
900	and program outputs and on the department's most recent cost-
901	effectiveness rankings, the department may terminate a
902	commitment program operated by the department or a provider if
903	the program has failed to achieve a minimum threshold of cost-
904	effectiveness program effectiveness. This paragraph does not
905	preclude the department from terminating a contract as provided
906	under this section or as otherwise provided by law or contract,
907	and does not limit the department's authority to enter into or
908	terminate a contract.
909	(d)  In collaboration with the Office of Economic and
910	Demographic Research, and contract service providers, the
911	department shall develop a work plan to refine the cost-
912	effectiveness model so that the model is consistent with the
913	performance-based program budgeting measures approved by the
914	Legislature to the extent the department deems appropriate. The
915	department shall notify the Office of Program Policy Analysis
916	and Government Accountability of any meetings to refine the
917	model.
918	(e)  Contingent upon specific appropriation, the
919	department, in consultation with the Office of Economic and
920	Demographic Research, and contract service providers, shall:
921	1.  Construct a profile of each commitment program that
922	uses the results of the quality assurance report required by
923	this section, the cost-effectiveness report required in this
924	subsection, and other reports available to the department.
925	2.  Target, for a more comprehensive evaluation, any
926	commitment program that has achieved consistently high, low, or
927	disparate ratings in the reports required under subparagraph 1.
928	3.  Identify the essential factors that contribute to the
929	high, low, or disparate program ratings.
930	4.  Use the results of these evaluations in developing or
931	refining juvenile justice programs or program models, youth
932	client outcomes and program outputs, provider contracts, quality
933	assurance standards, and the cost-effectiveness model.
934	(5)  QUALITY ASSURANCE.--The department shall:
935	(a)  Establish a comprehensive quality assurance system for
936	each program operated by the department or operated by a
937	provider under contract with the department. Each contract
938	entered into by the department must provide for quality
939	assurance.
940	(b)  Provide operational definitions of and criteria for
941	quality assurance for each specific program component.
942	(c)  Establish quality assurance goals and objectives for
943	each specific program component.
944	(d)  Establish the information and specific data elements
945	required for the quality assurance program.
946	(e)  Develop a quality assurance manual of specific,
947	standardized terminology and procedures to be followed by each
948	program.
949	(f)  Evaluate each program operated by the department or a
950	provider under a contract with the department and establish
951	minimum thresholds for each program component.
952	1.  If a provider fails to meet the established minimum
953	thresholds, such failure shall cause the department to cancel
954	the provider's contract:
955	a.  Immediately if the provider has a deficiency in a
956	critical life safety aspect of its operations, as defined in
957	department rule, or has failed to train and certify its
958	employees as required in s. 985.4055.
959	b.  If unless the provider fails to achieve achieves
960	compliance with minimum thresholds within 6 months, except as
961	provided in s. 985.3091(6)(a), or unless there are documented
962	extenuating circumstances as defined in department rule.
963
964	If a provider's contract is cancelled under subparagraph 1., the
965	provider's operations shall immediately cease, the department
966	shall immediately discontinue any state payments to the
967	provider, and the provider shall be ineligible to contract with
968	the department In addition, the department may not contract with
969	the same provider for the canceled service for a period of 12
970	months.
971	2.  If a department-operated program fails to meet the
972	established minimum thresholds, the program's operations shall
973	be:
974	a.  Immediately terminated if the program has a deficiency
975	in a critical life safety aspect of its operations, as defined
976	in department rule, or if the department has failed to train and
977	certify program employees as required in s. 985.4055.
978	b.  Terminated if the department fails to achieve
979	compliance with the minimum thresholds for program continuation
980	within 6 months, unless there are documented extenuating
981	circumstances as defined in department rule. the department must
982	take necessary and sufficient steps to ensure and document
983	program changes to achieve compliance with the established
984	minimum thresholds. If the department-operated program fails to
985	achieve compliance with the established minimum thresholds
986	within 6 months and if there are no documented extenuating
987	circumstances, the department must notify the Executive Office
988	of the Governor and the Legislature of the corrective action
989	taken. Appropriate corrective action may include, but is not
990	limited to:
991	1.  Contracting out for the services provided in the
992	program;
993	2.  Initiating appropriate disciplinary action against all
994	employees whose conduct or performance is deemed to have
995	materially contributed to the program's failure to meet
996	established minimum thresholds;
997	3.  Redesigning the program; or
998	4.  Realigning the program.
999	(g)  The department shall Submit an annual report to the
1000	President of the Senate, the Speaker of the House of
1001	Representatives, the minority leader of each house of the
1002	Legislature, the appropriate substantive and fiscal committees
1003	of each house of the Legislature, and the Governor by , no later
1004	than February 1 of each year. The annual report must contain, at
1005	a minimum, for each specific program component:
1006	1.  A comprehensive description of the population served.
1007	by the program;
1008	2.  A specific description of its the services.
1009	3.  A summary of the performance of each program component
1010	evaluated. provided by the program;
1011	4. Cost data that is reported in a uniform format so that
1012	cost comparisons may be made among programs. For a residential
1013	program, the cost data must include the cost of its educational
1014	program.;
1015	5.  A comparison of expenditures to federal and state
1016	funding.;
1017	6.  Immediate and long-range concerns. ; and
1018	7.  Recommendations to maintain, expand, improve, modify,
1019	or eliminate each program component so that changes in services
1020	lead to enhancement in program quality. The department shall
1021	ensure the reliability and validity of the information contained
1022	in the report.
1023	(6)  The department shall collect and analyze available
1024	statistical data for the purpose of ongoing evaluation of all
1025	programs. The department shall provide the Legislature with
1026	necessary information and reports to enable the Legislature to
1027	make informed decisions regarding the effectiveness of, and any
1028	needed changes in, services, programs, policies, and laws.
1029	(7)  No later than November 1, 2001, the department shall
1030	submit a proposal to the Legislature concerning funding
1031	incentives and disincentives for the department and for
1032	providers under contract with the department. The
1033	recommendations for funding incentives and disincentives shall
1034	be based upon both quality assurance performance and cost-
1035	effectiveness performance. The proposal should strive to achieve
1036	consistency in incentives and disincentives for both department-
1037	operated and contractor-provided programs. The department may
1038	include recommendations for the use of liquidated damages in the
1039	proposal; however, the department is not presently authorized to
1040	contract for liquidated damages in non-hardware-secure
1041	facilities until January 1, 2002.
1042	Section 14.  Section 958.046, Florida Statutes, is amended
1043	to read:
1044	958.046  Placement in county-operated boot camp programs
1045	for youthful offenders.--In counties where there are county-
1046	county-operated youthful offender boot camp programs, other than
1047	boot camps described in s. 958.04 or  sheriff's training and
1048	respect programs in s. 985.3091 985.309, the court may sentence
1049	a youthful offender to such a boot camp. In county-operated
1050	youthful offender boot camp programs, juvenile offenders shall
1051	not be commingled with youthful offenders.
1052	Section 15.  Paragraph (i) of subsection (3) of section
1053	985.31, Florida Statutes, is amended to read:
1054	985.31  Serious or habitual juvenile offender.--
1055	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1056	TREATMENT.--
1057	(i)  The treatment and placement recommendations shall be
1058	submitted to the court for further action pursuant to this
1059	paragraph:
1060	1.  If it is recommended that placement in a serious or
1061	habitual juvenile offender program or facility is inappropriate,
1062	the court shall make an alternative disposition pursuant to s.
1063	985.3091 985.309 or other alternative sentencing as applicable,
1064	using utilizing the recommendation as a guide.
1065	2.  If it is recommended that placement in a serious or
1066	habitual juvenile offender program or facility is appropriate,
1067	the court may commit the child to the department for placement
1068	in the restrictiveness level designated for serious or habitual
1069	delinquent children programs.
1070	Section 16.  Section 985.314, Florida Statutes, is amended
1071	to read:
1072	985.314  Commitment programs for juvenile felony
1073	offenders.--
1074	(1)  Notwithstanding any other law and regardless of the
1075	child's age, a child who is adjudicated delinquent, or for whom
1076	adjudication is withheld, for an act that would be a felony if
1077	committed by an adult, shall be committed to:
1078	(a)  A sheriff's training and respect boot camp program
1079	under s. 985.3091 s. 985.309 if the child has participated in an
1080	early delinquency intervention program as provided in s.
1081	985.305.
1082	(b)  A program for serious or habitual juvenile offenders
1083	under s. 985.31 or an intensive residential treatment program
1084	for offenders less than 13 years of age under s. 985.311, if the
1085	child has participated in an early delinquency intervention
1086	program and has completed a sheriff's training and respect boot
1087	camp program.
1088	(c)  A maximum-risk residential program, if the child has
1089	participated in an early delinquency intervention program, has
1090	completed a sheriff's training and respect boot camp program,
1091	and has completed a program for serious or habitual juvenile
1092	offenders or an intensive residential treatment program for
1093	offenders less than 13 years of age. The commitment of a child
1094	to a maximum-risk residential program must be for an
1095	indeterminate period, but may not exceed the maximum term of
1096	imprisonment that an adult may serve for the same offense.
1097	(2)  In committing a child to the appropriate program, the
1098	court may consider an equivalent program of similar intensity as
1099	being comparable to a program required under subsection (1).
1100	Section 17.  Cost of supervision and care waiver; pilot
1101	program.--
1102	(1)  For purposes of this section, the term:
1103	(a)  "Approved parenting class" means a class approved by
1104	the Juvenile Justice Accountability Commission under subsection
1105	(4).
1106	(b)  "Court" means a circuit court in the Ninth Judicial
1107	Circuit.
1108	(c)  "Department" means the Department of Juvenile Justice.
1109	(d)  "Parent" means the parent of child whose delinquency
1110	case comes before a circuit court in the Ninth Judicial Circuit.
1111	(2)(a)  Notwithstanding any contrary provision of s.
1112	985.2311, Florida Statutes, for the period of October 1, 2006
1113	through June 30, 2009, the court shall enter an order waiving
1114	the fees required to be paid under s. 985.2311, Florida
1115	Statutes, by a parent if the parent successfully completes an
1116	approved parenting class and presents the court with notarized
1117	documentation of such completion.
1118	(b)  Participation in an approved parenting class under
1119	this subsection is voluntary and the parent is responsible for
1120	the payment of all costs associated with participation in the
1121	class.
1122	(c)  A parent who fails to successfully complete an
1123	approved parenting class shall pay the full amount of fees
1124	required by s. 985.2311, Florida Statutes.
1125	(d)  A parent may only have fees waived under this
1126	subsection once.
1127	(3)  The Office of Program Policy and Government
1128	Accountability shall evaluate the pilot program created by this
1129	section and shall submit a written report to the appropriate
1130	substantive and fiscal committees of the Legislature, the
1131	Governor, and the Department of Juvenile Justice on September
1132	30, 2007, and annually thereafter, which identifies for the
1133	Ninth Judicial Circuit during the fiscal year preceding the
1134	report:
1135	(a)  The number of delinquency cases in which fees were
1136	required to be ordered under s. 985.2311, F.S., and the total
1137	amount of those fees.
1138	(b)  The number of delinquency cases in which parents
1139	agreed to complete an approved parenting class and the number of
1140	delinquency cases in which the parent submitted notarized
1141	documentation of successful completion to the court.
1142	(c)  The number of delinquency cases in which the court
1143	entered an order waiving fees under subsection (2) and the total
1144	amount of fees waived.
1145	(d)  The number of youth, as such data becomes available,
1146	who are taken into custody for a felony or misdemeanor within
1147	six months following their release from department custody or
1148	supervision, whichever occurs later, and whose parents' fees
1149	under s. 985.2311, Florida Statutes, are:
1150	1.  Waived by court order under subsection (2).
1151	2.  Not waived by court order under subsection (2).
1152	(4)  The Juvenile Justice Accountability Commission,
1153	subject to appropriation, shall execute a contract under chapter
1154	287 for the provision of parenting courses in the Ninth Judicial
1155	Circuit between October 1, 2006 through June 30, 2009.
1156	(5)  This section is repealed effective October 1, 2009.
1157	Section 18. Effective October 1, 2006, all powers, duties,
1158	resources, and personnel associated with the Department of
1159	Juvenile Justice's responsibilities under ss. 985.308(9),
1160	985.311(2)(e), 985.411(7) and (9)(b), and 985.412, Florida
1161	Statutes, are transferred by a type two transfer as defined in
1162	s. 20.06(2), Florida Statutes, to the Juvenile Justice
1163	Accountability Commission created by this act.
1164	Section 19.  This act shall take effect July 1, 2006.

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