HB 1323

1	A bill to be entitled
2	An act relating to juvenile records and sentencing;
3	amending s. 943.052, F.S.; revising provisions relating to
4	disposition records of juveniles; requiring clerks of
5	court to submit disposition information for certain
6	records that were previously submitted to the Department
7	of Juvenile Justice without such information; amending s.
8	943.053, F.S.; revising provisions relating to
9	dissemination of criminal history information; amending s.
10	985.04, F.S.; reorganizing and revising provisions
11	relating to confidentiality of juvenile justice records;
12	providing that specified information is not exempt from
13	public records provisions; revising previsions relating to
14	release of certain information to the superintendent of a
15	child's school; revising provisions relating to certain
16	records in the custody of the department; revising
17	provisions relating to records sealed under specified
18	provisions; revising provisions relating to interagency
19	agreements; revising provisions relating to records
20	retention; providing penalties for violations; amending s.
21	985.11, F.S.; revising provisions relating to the
22	fingerprinting of certain juveniles; amending s. 985.565,
23	F.S.; providing for blended adult and juvenile sanctions
24	for certain offenses; providing for juvenile probation
25	until a juvenile is 21 years of age; revising provisions
26	relating to discharge of a juvenile from probation;
27	revising juvenile commitment provisions; providing for
28	education attainment as a condition of probation or
29	commitment; amending ss. 985.045, 1006.08, and 1012.797,
30	F.S.; conforming cross-references; providing an effective
31	date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsections (2) and (3) of section 943.052,
36	Florida Statutes, are amended to read:
37	943.052  Disposition reporting.--The Criminal Justice
38	Information Program shall, by rule, establish procedures and a
39	format for each criminal justice agency to monitor its records
40	and submit reports, as provided by this section, to the program.
41	The disposition report shall be developed by the program and
42	shall include the offender-based transaction system number.
43	(2)  Each clerk of the court shall submit the uniform
44	dispositions to the program or in a manner acceptable to the
45	program. The report shall be submitted at least once a month
46	and, when acceptable by the program, may be submitted in an
47	automated format. The disposition report is mandatory for all
48	criminal and delinquency dispositions relating to adult
49	offenders only. Beginning July 1, 2008, each clerk of the court
50	shall submit disposition information on all juvenile arrest
51	records submitted to the department without disposition
52	information between July 1, 1996, and July 1, 2007 a disposition
53	report for each disposition relating to a minor offender is
54	mandatory.
55	(3)(a)  The Department of Corrections shall submit
56	information to the program relating to the receipt or discharge
57	of any person who is sentenced to a state correctional
58	institution.
59	(b)  The Department of Juvenile Justice shall submit
60	information to the program relating to the receipt or discharge
61	of any minor who is found to have committed an offense that
62	would be a felony if committed by an adult, or is found to have
63	committed a misdemeanor specified in s. 943.051(3), and is
64	committed to the custody of the Department of Juvenile Justice.
65	Section 2.  Subsections (1), (3), and (4) of section
66	943.053, Florida Statutes, are amended to read:
67	943.053  Dissemination of criminal justice information;
68	fees.--
69	(1)  The department of Law Enforcement shall disseminate
70	criminal justice information only in accordance with federal and
71	state laws, regulations, and rules.
72	(3)(a)  Criminal history information, including information
73	relating to minors, compiled by the Criminal Justice Information
74	Program from intrastate sources for:
75	1.  Minors and adults shall be available on a priority
76	basis to criminal justice agencies for criminal justice purposes
77	free of charge.
78	2.  Adults may be provided to any person who supplies the
79	program with all known identifying information and tenders fees
80	as established in this subsection and in the manner prescribed
81	by rule of the department.
82	3.  Minors who are adjudicated as adults, or who have been
83	found to have committed an offense that would be a felony if
84	committed by an adult, may be provided to any person who
85	supplies After providing the program with all known identifying
86	information, persons in the private sector and tenders
87	noncriminal justice agencies may be provided criminal history
88	information upon tender of fees as established in this
89	subsection and in the manner prescribed by rule of the
90	department of Law Enforcement.
91	(b)  Such Fees under this subsection are to offset the cost
92	of producing the record information, including the total cost of
93	creating, storing, maintaining, updating, retrieving, improving,
94	and providing criminal history information in a centralized,
95	automated database, including personnel, technology, and
96	infrastructure expenses. Any access to criminal history
97	information by the private sector or noncriminal justice
98	agencies under as provided in this subsection shall be assessed
99	without regard to the quantity or category of criminal history
100	record information requested. Fees may be waived or reduced by
101	the executive director of the department of Law Enforcement for
102	good cause shown.
103	(c)(b)  The fee per record for criminal history information
104	provided under pursuant to this subsection is $23 per name
105	submitted, except that the fee for vendors of the Department of
106	Children and Family Services, the Department of Juvenile
107	Justice, and the Department of Elderly Affairs shall be $8 for
108	each name submitted; the fee for a state criminal history
109	provided for application processing as required by law to be
110	performed by the Department of Agriculture and Consumer Services
111	shall be $15 for each name submitted; and the fee for requests
112	under the National Child Protection Act shall be $18 for each
113	volunteer name submitted. The state offices of the Public
114	Defender shall not be assessed a fee for Florida criminal
115	history information or wanted person information.
116	(4)  Criminal justice information provided by the
117	department of Law Enforcement shall be used only for the purpose
118	stated in the request.
119	Section 3.  Section 985.04, Florida Statutes, is amended to
120	read:
121	985.04  Oaths; confidentiality of records; confidential
122	information.--
123	(1)  OATHS.--Authorized agents of the department may
124	administer oaths and affirmations.
125	(2)  CONFIDENTIALITY.--Except as provided in subsection
126	subsections (2), (3), (6), and (7) and ss. s. 943.053 and
127	985.11, all information relating to juveniles that is obtained
128	under this chapter in the discharge of official duty by any
129	judge, any employee of the court, any authorized agent of the
130	department, the Parole Commission, the Department of
131	Corrections, the juvenile justice circuit boards, any law
132	enforcement agent, or any licensed professional or licensed
133	community agency representative participating in the assessment
134	or treatment of a juvenile is confidential. The names,
135	photographs, addresses, and crime or arrest reports of minors
136	who are adjudicated as adults or who have been found to have
137	committed an offense that would be a felony if committed by an
138	adult are not exempt from the provisions of s. 119.07(1) and s.
139	24(a), Art. I of the State Constitution.
140	(3)  AUTHORIZED DISCLOSURE.--Information relating to
141	juveniles that is authorized for disclosure under this
142	subsection and ss. 943.053 and 985.11  shall not be used for any
143	purpose other than those authorized by law.
144	(a)  Information under subsection (2) and may only be
145	disclosed:
146	1.  only To, and may only be used for the discharge of an
147	official duty by, the authorized personnel of the court, the
148	department and its designees, the Department of Corrections, the
149	Parole Commission, law enforcement agents, school
150	superintendents and their designees, any licensed professional
151	or licensed community agency representative participating in the
152	assessment or treatment of a juvenile, and others entitled under
153	this chapter to receive that information., or
154	2.  Upon order of the court. Within each county, the
155	sheriff, the chiefs of police, the district school
156	superintendent, and the department shall enter into an
157	interagency agreement for the purpose of sharing information
158	about juvenile offenders among all parties. The agreement must
159	specify the conditions under which summary criminal history
160	information is to be made available to appropriate school
161	personnel, and the conditions under which school records are to
162	be made available to appropriate department personnel. Such
163	agreement shall require notification to any classroom teacher of
164	assignment to the teacher's classroom of a juvenile who has been
165	placed in a probation or commitment program for a felony
166	offense. The agencies entering into such agreement must comply
167	with s. 943.0525, and must maintain the confidentiality of
168	information that is otherwise exempt from s. 119.07(1), as
169	provided by law.
170	(b)  A law enforcement agency may release a copy of the
171	juvenile offense report to the victim of the offense. However,
172	information released to the victim under this chapter, including
173	the identity of the next of kin of a homicide victim, regarding
174	any case handled in juvenile court shall not be revealed to any
175	outside party, except as is reasonably necessary in pursuit of
176	legal remedies.
177	(c)  The superintendent of a child's school shall be
178	notified by:
179	1.  A law enforcement agency when the child is taken into
180	custody by a law enforcement officer for an offense that would
181	have been a felony if committed by an adult or for a crime of
182	violence.
183	2.  The state attorney when the child is formally charged
184	with a felony or a delinquent act that would be a felony if
185	committed by an adult.
186	3.  The department when the child is in the care and
187	custody or under the jurisdiction or supervision of the
188	department and has a known history of criminal sexual behavior
189	with other juveniles; is an alleged juvenile sexual offender, as
190	defined in s. 39.01; has pled guilty or nolo contendere to, or
191	has been found to have committed, a violation of chapter 794,
192	chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless
193	of adjudication; or has been placed in a probation or commitment
194	program for any felony offense.
195
196	The information obtained by the superintendent of schools under
197	this paragraph shall be released to the principal of the school
198	within 48 hours after receipt. The principal must immediately
199	notify the child's immediate classroom teachers. Upon
200	notification, the principal is authorized to begin disciplinary
201	actions under s. 1006.09(1)-(4).
202	(d)  Records in the custody of the department regarding
203	children may be inspected only upon order of the secretary of
204	the department or his or her authorized agent by persons who
205	have sufficient reason and upon such conditions for their use
206	and disposition as the secretary or his or her authorized agent
207	deems proper. The information in such records may be disclosed
208	only to other employees of the department who have a need
209	therefor in order to perform their official duties; to other
210	persons as authorized by rule of the department; and, upon
211	request, to the Department of Corrections. The secretary or his
212	or her authorized agent may permit properly qualified persons to
213	inspect and make abstracts from records for statistical purposes
214	under whatever conditions upon their use and disposition the
215	secretary or his or her authorized agent deems proper, provided
216	adequate assurances are given that children's names and other
217	identifying information will not be disclosed by the applicant.
218	(e)  Records sealed under paragraph (5)(a) may only be
219	disclosed for use in meeting the screening requirements for
220	personnel in ss. 402.3055, 435.03, and 435.04; however, current
221	criminal history information must be obtained from the
222	Department of Law Enforcement in accordance with s. 943.053. The
223	information shall be released to a person specified in ss.
224	402.3055, 435.03, or 435.04 for the purposes of complying with
225	each those respective sections.
226	(4)  INTERAGENCY AGREEMENTS.--Within each county, the
227	sheriff, the chiefs of police, the district school
228	superintendent, and the department shall enter into an
229	interagency agreement for the purpose of sharing information, as
230	authorized under subsection (2), about juvenile offenders among
231	all parties. The agreement must specify the conditions under
232	which summary criminal history information is to be made
233	available to appropriate school personnel, and the conditions
234	under which school records are to be made available to
235	appropriate department personnel. The agencies entering into
236	such agreement must comply with s. 943.0525, and all applicable
237	state and federal laws and regulations, and must maintain the
238	confidentiality of information that is otherwise exempt from s.
239	119.07(1), as provided by law.
240	(2)  Notwithstanding any other provisions of this chapter,
241	the name, photograph, address, and crime or arrest report of a
242	child:
243	(a)  Taken into custody if the child has been taken into
244	custody by a law enforcement officer for a violation of law
245	which, if committed by an adult, would be a felony;
246	(b)  Found by a court to have committed three or more
247	violations of law which, if committed by an adult, would be
248	misdemeanors;
249	(c)  Transferred to the adult system under s. 985.557,
250	indicted under s. 985.56, or waived under s. 985.556;
251	(d)  Taken into custody by a law enforcement officer for a
252	violation of law subject to s. 985.557(2)(b) or (d); or
253	(e)  Transferred to the adult system but sentenced to the
254	juvenile system under s. 985.565
255
256	shall not be considered confidential and exempt from s.
257	119.07(1) solely because of the child's age.
258	(3)  A law enforcement agency may release a copy of the
259	juvenile offense report to the victim of the offense. However,
260	information gained by the victim under this chapter, including
261	the next of kin of a homicide victim, regarding any case handled
262	in juvenile court, must not be revealed to any outside party,
263	except as is reasonably necessary in pursuit of legal remedies.
264	(4)(a)  Notwithstanding any other provision of this
265	section, when a child of any age is taken into custody by a law
266	enforcement officer for an offense that would have been a felony
267	if committed by an adult, or a crime of violence, the law
268	enforcement agency must notify the superintendent of schools
269	that the child is alleged to have committed the delinquent act.
270	(b)  Notwithstanding paragraph (a) or any other provision
271	of this section, when a child of any age is formally charged by
272	a state attorney with a felony or a delinquent act that would be
273	a felony if committed by an adult, the state attorney shall
274	notify the superintendent of the child's school that the child
275	has been charged with such felony or delinquent act. The
276	information obtained by the superintendent of schools under this
277	section must be released within 48 hours after receipt to
278	appropriate school personnel, including the principal of the
279	school of the child. The principal must immediately notify the
280	child's immediate classroom teachers. Upon notification, the
281	principal is authorized to begin disciplinary actions under s.
282	1006.09(1)-(4).
283	(c)  The department shall disclose to the school
284	superintendent the presence of any child in the care and custody
285	or under the jurisdiction or supervision of the department who
286	has a known history of criminal sexual behavior with other
287	juveniles; is an alleged juvenile sexual offender, as defined in
288	s. 39.01; or has pled guilty or nolo contendere to, or has been
289	found to have committed, a violation of chapter 794, chapter
290	796, chapter 800, s. 827.071, or s. 847.0133, regardless of
291	adjudication. Any employee of a district school board who
292	knowingly and willfully discloses such information to an
293	unauthorized person commits a misdemeanor of the second degree,
294	punishable as provided in s. 775.082 or s. 775.083.
295	(5)  Authorized agents of the department may administer
296	oaths and affirmations.
297	(5)(6)  RECORD RETENTION.--Records maintained by the
298	department, including copies of records maintained by the court:
299	(a)  May not be destroyed by the department for a period of
300	25 years after a child's final referral to the department unless
301	the child dies, if they, which pertain to a child found to have
302	committed a delinquent act which, if committed by an adult,
303	would be a crime specified in ss. 435.03 and 435.04 may not be
304	destroyed under this section for a period of 25 years after the
305	youth's final referral to the department, except in cases of the
306	death of the child. Such records, however, shall be sealed by
307	the court for use only in meeting the screening requirements for
308	personnel in ss. s. 402.3055, 435.03, and 435.04 and the other
309	sections cited above, or under departmental rule; however,
310	current criminal history information must be obtained from the
311	Department of Law Enforcement in accordance with s. 943.053. The
312	information shall be released to those persons specified in the
313	above cited sections for the purposes of complying with those
314	sections. The court may punish by contempt any person who
315	releases or uses the records for any unauthorized purpose.
316	(7)(a)  Records in the custody of the department regarding
317	children are not open to inspection by the public. Such records
318	may be inspected only upon order of the Secretary of Juvenile
319	Justice or his or her authorized agent by persons who have
320	sufficient reason and upon such conditions for their use and
321	disposition as the secretary or his or her authorized agent
322	deems proper. The information in such records may be disclosed
323	only to other employees of the department who have a need
324	therefor in order to perform their official duties; to other
325	persons as authorized by rule of the department; and, upon
326	request, to the Department of Corrections. The secretary or his
327	or her authorized agent may permit properly qualified persons to
328	inspect and make abstracts from records for statistical purposes
329	under whatever conditions upon their use and disposition the
330	secretary or his or her authorized agent deems proper, provided
331	adequate assurances are given that children's names and other
332	identifying information will not be disclosed by the applicant.
333	(b)  Other than records subject to paragraph (a), shall be
334	retained by the department until the record is expunged under
335	chapter 943.
336	(6)  PENALTIES.--
337	(a)  Any employee of a district school board who knowingly
338	and willfully discloses information received under paragraph
339	(3)(c) to an unauthorized person commits a misdemeanor of the
340	second degree, punishable as provided in s. 775.082 or s.
341	775.083.
342	(b)  The court may punish by contempt any person who
343	releases or uses sealed records under paragraph (5)(a) for any
344	purpose not authorized by paragraph (3)(e). The destruction of
345	records pertaining to children committed to or supervised by the
346	department pursuant to a court order, which records are retained
347	until a child reaches the age of 24 years or until a serious or
348	habitual delinquent child reaches the age of 26 years, shall be
349	subject to chapter 943.
350	(8)  Criminal history information made available to
351	governmental agencies by the Department of Law Enforcement or
352	other criminal justice agencies shall not be used for any
353	purpose other than that specified in the provision authorizing
354	the releases.
355	Section 4.  Subsections (1) and (3) of section 985.11,
356	Florida Statutes, are amended to read:
357	985.11  Fingerprinting and photographing.--
358	(1)(a)  A child who is charged with or found to have
359	committed an offense that would be a felony if committed by an
360	adult shall be fingerprinted and the fingerprints must be
361	submitted to the Department of Law Enforcement as provided in s.
362	943.051(3)(a).
363	(b)  A child who is charged with or found to have committed
364	one of the following offenses shall be fingerprinted, and the
365	fingerprints shall be submitted to the Department of Law
366	Enforcement as provided in s. 943.051(3)(b):
367	1.  Assault, as defined in s. 784.011.
368	2.  Battery, as defined in s. 784.03.
369	3.  Carrying a concealed weapon, as defined in s.
370	790.01(1).
371	4.  Unlawful use of destructive devices or bombs, as
372	defined in s. 790.1615(1).
373	5.  Negligent treatment of children, as defined in former
374	s. 827.05.
375	6.  Assault on a law enforcement officer, a firefighter, or
376	other specified officers, as defined in s. 784.07(2)(a).
377	7.  Open carrying of a weapon, as defined in s. 790.053.
378	8.  Exposure of sexual organs, as defined in s. 800.03.
379	9.  Unlawful possession of a firearm, as defined in s.
380	790.22(5).
381	10.  Petit theft, as defined in s. 812.014.
382	11.  Cruelty to animals, as defined in s. 828.12(1).
383	12.  Arson, resulting in bodily harm to a firefighter, as
384	defined in s. 806.031(1).
385	13.  Unlawful possession or discharge of a weapon or
386	firearm at a school-sponsored event or on school property as
387	defined in s. 790.115.
388
389	A law enforcement agency:
390	1.  Shall fingerprint a child and submit the fingerprints
391	to the Department of Law Enforcement when required under s.
392	943.051(3).
393	2.  May fingerprint and photograph a child taken into
394	custody upon probable cause that such child has committed any
395	other violation of law other than those specified in s.
396	943.051(3), as the agency deems appropriate. Such fingerprint
397	records may be submitted to the Department of Law Enforcement
398	for inclusion in the state criminal history records and may only
399	be used by criminal justice agencies for criminal justice
400	purposes.
401	(b)  Such fingerprint records and photographs of children
402	shall be retained by the law enforcement agency in a separate
403	file, and these records and all copies thereof must be marked
404	"Juvenile Confidential." These records are not available for
405	public disclosure and inspection under s. 119.07(1) except as
406	provided in ss. 943.053 and 985.04(2) and (3), but shall be
407	available to other law enforcement agencies, criminal justice
408	agencies, state attorneys, the courts, the child, the parents or
409	legal custodians of the child, their attorneys, and any other
410	person authorized by the court to have access to such records.
411	In addition, such records may be submitted to the Department of
412	Law Enforcement for inclusion in the state criminal history
413	records and used by criminal justice agencies for criminal
414	justice purposes. These records may, in the discretion of the
415	court, be open to inspection by anyone upon a showing of cause.
416	The fingerprint and photograph records shall be produced in the
417	court whenever directed by the court. Any photograph taken
418	pursuant to this section may be shown by a law enforcement
419	officer to any victim or witness of a crime for the purpose of
420	identifying the person who committed such crime.
421	(c)  The court shall be responsible for the fingerprinting
422	of any child at the disposition hearing if the child has been
423	adjudicated or had adjudication withheld for any felony in the
424	case currently before the court.
425	(3)  This section does not prohibit the fingerprinting or
426	photographing of child traffic violators. All records of such
427	traffic violations shall be kept in the full name of the
428	violator and shall be open to inspection and publication in the
429	same manner as adult traffic violations. This section does not
430	apply to the photographing of children by the department of
431	Juvenile Justice or the Department of Children and Family
432	Services.
433	Section 5.  Paragraph (b) of subsection (1), paragraph (a)
434	of subsection (2), and paragraph (b) of subsection (4) of
435	section 985.565, Florida Statutes, are amended to read:
436	985.565  Sentencing powers; procedures; alternatives and
437	blended sanctions for juveniles prosecuted as adults;
438	educational attainment.--
439	(1)  POWERS OF DISPOSITION.--
440	(b)  In determining whether to impose juvenile sanctions
441	instead of adult sanctions or blended sanctions, the court shall
442	consider the following criteria:
443	1.  The seriousness of the offense to the community and
444	whether the community would best be protected by juvenile or
445	adult sanctions.
446	2.  Whether the offense was committed in an aggressive,
447	violent, premeditated, or willful manner.
448	3.  Whether the offense was against persons or against
449	property, with greater weight being given to offenses against
450	persons, especially if personal injury resulted.
451	4.  The sophistication and maturity of the offender.
452	5.  The record and previous history of the offender,
453	including:
454	a.  Previous contacts with the Department of Corrections,
455	the Department of Juvenile Justice, the former Department of
456	Health and Rehabilitative Services, the Department of Children
457	and Family Services, law enforcement agencies, and the courts.
458	b.  Prior periods of probation.
459	c.  Prior adjudications that the offender committed a
460	delinquent act or violation of law as a child.
461	d.  Prior commitments to the Department of Juvenile
462	Justice, the former Department of Health and Rehabilitative
463	Services, the Department of Children and Family Services, or
464	other facilities or institutions.
465	6.  The prospects for adequate protection of the public and
466	the likelihood of deterrence and reasonable rehabilitation of
467	the offender if assigned to services and facilities of the
468	Department of Juvenile Justice.
469	7.  Whether the Department of Juvenile Justice has
470	appropriate programs, facilities, and services immediately
471	available.
472	8.  Whether adult sanctions would provide more appropriate
473	punishment and deterrence to further violations of law than the
474	imposition of juvenile sanctions.
475	(2)  PRESENTENCE INVESTIGATION REPORT.--
476	(a)  Upon a plea of guilty or nolo contendere, the court
477	may refer the case to the department for investigation and
478	recommendation as to the suitability of its programs for the
479	child.
480	(4)  SENTENCING ALTERNATIVES.--
481	(b)  Juvenile sanctions.--For juveniles transferred to
482	adult court but who do not qualify for such transfer under s.
483	985.556(3) or s. 985.557(2)(a) or (b), the court may impose
484	juvenile sanctions under this paragraph. If juvenile sanctions
485	sentences are imposed, the court shall, under this paragraph,
486	adjudge the child to have committed a delinquent act.
487	Adjudication of delinquency shall not be deemed a conviction,
488	nor shall it operate to impose any of the civil disabilities
489	ordinarily resulting from a conviction. The court shall impose
490	an adult sanction or a juvenile sanction or and may not sentence
491	the child to blended juvenile and adult sanctions a combination
492	of adult and juvenile punishments. An adult sanction or A
493	juvenile sanction or a blended juvenile and adult sanction may
494	include enforcement of an order of restitution or probation
495	previously ordered in any juvenile proceeding. However, if the
496	court imposes a juvenile sanction and the department determines
497	that the sanction is inappropriate unsuitable for the child, the
498	department shall provide the sentencing court with a written
499	report outlining the basis for its objections to the juvenile
500	sanction and shall simultaneously provide a copy to the state
501	attorney and defense counsel. The department shall return
502	custody of the child to the sentencing court for further
503	proceedings, including the imposition of juvenile sanctions,
504	blended juvenile and adult sanctions, alternative sanctions, or
505	adult sanctions. Upon adjudicating a child delinquent under
506	subsection (1), the court may sentence the child to juvenile
507	probation, juvenile commitment, blended juvenile and adult
508	sanctions, or to alternative sanctions under ss. 985.435,
509	985.437, 985.439, 985.441, 985.445, 985.45, and 985.455.:
510	1.  Juvenile probation.--The court may place the child on
511	probation in a probation program under the supervision of the
512	department for an indeterminate period of time until the child
513	reaches the age of 21 19 years or sooner if discharged by order
514	of the court. If, prior to the child's 21st birthday, the
515	department seeks to discharge the child from juvenile probation,
516	the department shall notify the sentencing court of its intent
517	to discharge the child no later than 30 days prior to the
518	proposed discharge date. The department shall file a written
519	notice of its proposal with the clerk of the court and give a
520	copy of the written notice to the sentencing judge, the state
521	attorney, and defense counsel at the time it files the notice
522	with the clerk of the court. Failure of the sentencing court or
523	the state attorney to object to the department's notice of
524	discharge within the 30-day time period shall be construed as
525	approval for the proposed discharge. If there is no objection,
526	the clerk of the court shall close the case.
527	2.  Juvenile commitment.--The court may commit the child to
528	the department for treatment in an appropriate program for
529	children for an indeterminate period of time until the child is
530	21 or sooner if discharged by order of the court department. If,
531	prior to the child's 21st birthday, the department seeks to
532	discharge the child from a commitment or aftercare program, the
533	department shall notify the sentencing court of its intent to
534	discharge the child no later than 30 14 days prior to the
535	proposed discharge date. The department shall file a written
536	notice of its proposal with the clerk of the court and give a
537	copy of the written notice to the sentencing judge, state
538	attorney, and defense counsel at the time it files the notice
539	with the clerk of the court. Failure of the sentencing court or
540	the state attorney to object timely respond to the department's
541	notice of discharge within the 30-day time period shall be
542	construed as considered approval for the proposed discharge. If
543	there is no objection, the clerk of the court shall close the
544	case.
545	3.  Blended juvenile and adult sanctions.--The court may
546	commit the child to the department for treatment in an
547	appropriate program for children for an indeterminate period of
548	time until the child is 21 years of age or sooner if discharged
549	by order of the court, followed by probation under the
550	supervision of the Department of Corrections. If, prior to the
551	child's 21st birthday the department seeks to discharge the
552	child from treatment, it shall notify the sentencing court of
553	its intent to discharge the child no later than 30 days prior to
554	the proposed discharge date. The department shall file a written
555	notice of its proposal with the clerk of the court and give a
556	copy of the written notice to the sentencing judge, Department
557	of Corrections, state attorney, and defense counsel at the time
558	it files the notice with the clerk of the court. Failure of the
559	sentencing court or the state attorney to object to the
560	department's notice of discharge within the 30-day time period
561	shall be construed as approval for the proposed discharge. An
562	order to discharge shall not be entered until the Department of
563	Corrections has certified that it has met with the child and
564	explained the terms of probation.
565	4.3.  Alternative sanctions.--The court may order
566	disposition under ss. 985.435, 985.437, 985.439, 985.441,
567	985.445, 985.45, and 985.455 as an alternative to youthful
568	offender or adult sentencing if the court determines not to
569	impose youthful offender or adult sanctions.
570	5.  Educational attainment.--Upon sentencing a child under
571	subsection (1) to juvenile probation, juvenile commitment,
572	blended juvenile and adult sanctions, or alternative sanctions,
573	the court shall consider the educational needs assessment
574	conducted pursuant to 985.18(1) and (2), the predisposition
575	report, together with any other report prepared pursuant to s.
576	985.43(1) and (2), and any other relevant information. Based on
577	this information, the court shall make a finding as to the
578	child's educational status, including, but not limited to, the
579	child's strengths, abilities, and unmet and special educational
580	needs. The court may enter an order that, as a condition of
581	probation or commitment, the child attain an appropriate
582	educational goal or goals. Examples of appropriate educationally
583	based goals are:
584	a.  Attainment of a high school diploma or its equivalent.
585	b.  Successful completion of literacy courses.
586	c.  Successful completion of vocational courses.
587	d.  Attendance and successful completion of the child's
588	current grade, if enrolled in school.
589	e.  Enrollment in an apprenticeship or a similar program.
590
591	It is the intent of the Legislature that the criteria and
592	guidelines in this subsection are mandatory and that a
593	determination of disposition under this subsection is subject to
594	the right of the child to appellate review under s. 985.534.
595	Section 6.  Subsection (2) of section 985.045, Florida
596	Statutes, is amended to read:
597	985.045  Court records.--
598	(2)  The clerk shall keep all official records required by
599	this section separate from other records of the circuit court,
600	except those records pertaining to motor vehicle violations,
601	which shall be forwarded to the Department of Highway Safety and
602	Motor Vehicles. Except as provided in ss. 943.053 and
603	985.04(3)(d)(7), official records required by this chapter are
604	not open to inspection by the public, but may be inspected only
605	upon order of the court by persons deemed by the court to have a
606	proper interest therein, except that a child and the parents,
607	guardians, or legal custodians of the child and their attorneys,
608	law enforcement agencies, the Department of Juvenile Justice and
609	its designees, the Parole Commission, the Department of
610	Corrections, and the Justice Administrative Commission shall
611	always have the right to inspect and copy any official record
612	pertaining to the child. The court may permit authorized
613	representatives of recognized organizations compiling statistics
614	for proper purposes to inspect, and make abstracts from,
615	official records under whatever conditions upon the use and
616	disposition of such records the court may deem proper and may
617	punish by contempt proceedings any violation of those
618	conditions.
619	Section 7.  Subsection (2) of section 1006.08, Florida
620	Statutes, is amended to read:
621	1006.08  District school superintendent duties relating to
622	student discipline and school safety.--
623	(2)  Notwithstanding the provisions of s. 985.04(3)(d)(7)
624	or any other provision of law to the contrary, the court shall,
625	within 48 hours of the finding, notify the appropriate district
626	school superintendent of the name and address of any student
627	found to have committed a delinquent act, or who has had
628	adjudication of a delinquent act withheld which, if committed by
629	an adult, would be a felony, or the name and address of any
630	student found guilty of a felony. Notification shall include the
631	specific delinquent act found to have been committed or for
632	which adjudication was withheld, or the specific felony for
633	which the student was found guilty.
634	Section 8.  Subsection (1) of section 1012.797, Florida
635	Statutes, is amended to read:
636	1012.797  Notification of district school superintendent of
637	certain charges against or convictions of employees.--
638	(1)  Notwithstanding the provisions of s. 985.04(3)(d)(7)
639	or any other provision of law to the contrary, a law enforcement
640	agency shall, within 48 hours, notify the appropriate district
641	school superintendent of the name and address of any employee of
642	the school district who is charged with a felony or with a
643	misdemeanor involving the abuse of a minor child or the sale or
644	possession of a controlled substance. The notification shall
645	include the specific charge for which the employee of the school
646	district was arrested. Such notification shall include other
647	education providers such as the Florida School for the Deaf and
648	the Blind, university lab schools, and private elementary and
649	secondary schools.
650	Section 9.  This act shall take effect July 1, 2007.

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