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

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