Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2154
207442
Senate
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House
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The Committee on Criminal Justice (Wise) recommended the
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following amendment to amendment (660448):
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Senate Amendment (with title amendment)
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Between line(s) 650 and 651
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insert:
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Section 13. Section 985.664, Florida Statutes, is amended
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to read:
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985.664 Juvenile justice circuit boards and juvenile
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justice county councils.--
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(1) There is created and authorized a juvenile justice
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circuit board to be established in each of the 20 judicial
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circuits and a juvenile justice county council to be established
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in each of the 67 counties. The purpose of each juvenile justice
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circuit board and each juvenile justice county council is to
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provide advice and direction to the department in the development
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and implementation of juvenile justice programs and to work
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collaboratively with the department, the Department of Children
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and Family Services, and the governor's children and youth
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cabinet in seeking program improvements and policy changes to
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address the emerging and changing needs of Florida's youth who
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are in and at risk of delinquency and dependency.
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(2) Each juvenile justice county council shall develop a
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juvenile justice prevention and early intervention plan for the
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county and shall collaborate with the circuit board and other
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county councils assigned to that circuit in the development of a
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comprehensive plan for the circuit. The governor's children and
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youth cabinet based on the total comprehensive plan of each
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circuit shall monitor the local plans and design, direct, and
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monitor a statewide plan which shall be implemented by and
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through the boards and councils. And where beneficial boards and
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councils may implement through or recommend to the department,
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the governor's children and youth cabinet, or the Legislature a
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design or programs and projects in furtherance of and
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accomplishing the comprehensive plan.
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(3) Juvenile justice circuit boards and county councils
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shall also participate in facilitating interagency cooperation
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and information sharing by entering into a written county or
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circuit interagency agreement specifying the nature and extent of
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contributions each signatory agency will make in achieving the
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goals of the county or circuit plan and their commitment to the
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sharing of information useful in carrying out the goals of the
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interagency agreement to the extent authorized by law. The
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interagency agreement must include as parties, at a minimum,
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local school authorities or representatives, local law
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enforcement agencies, state attorneys, public defenders, and
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local representatives of the Department of Juvenile Justice and
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the Department of Children and Family Services. The agreement
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must specify how community entities will cooperate, collaborate,
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and share information to achieve the goals of the juvenile
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justice prevention and early intervention plan or comprehensive
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plan of the circuit. The boards shall provide the forum for the
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presentation of interagency recommendations and the resolution of
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disagreements relating to the contents of the county or circuit
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interagency agreement or the performance by the parties of their
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respective obligations under the agreement.
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(4) Juvenile justice circuit boards and county councils may
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apply for and receive public or private grants to be administered
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by one of the community partners that support one or more
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components of the county or circuit plan and to be used as
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otherwise directed in their bylaws. To aid in this process, the
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department shall provide fiscal agency services for the boards
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and councils.
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(5) Juvenile justice circuit boards and county councils
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shall advise and assist the department in the evaluation and
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award of prevention and early intervention grant programs,
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including the Community Juvenile Justice Partnership Grant
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program established in s. 985.676 and proceeds from the Invest in
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Children license plate annual use fees.
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(6) Each juvenile justice circuit board shall provide an
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annual report to the department and the governor's children and
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youth cabinet describing the activities of the circuit board and
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each of the county councils contained within its circuit agreed
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upon and signed by each acting chair of the board and council.
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The department may prescribe a format and content requirements
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for submission of annual reports, and shall present and submit
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it's annual legislative budget request reflecting the required
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material and fiscal needs of each board and council.
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(7) Membership of the juvenile justice circuit board may
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not exceed 18 members, except as provided in subsections (8) and
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(9). Members must include the state attorney, the public
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defender, and the chief judge of the circuit, or their respective
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designees who shall preside each on a rotating basis as chair in
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intervals of two year terms. The remaining 15 members of the
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board must be appointed by the county councils within that
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circuit. Notwithstanding county council members may serve as ex
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officio members of the juvenile justice circuit board. The board
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where possible for purposes of equity must be composed of an
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equal number of active members include at least one
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representative from each county council within the circuit. In
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appointing members to the circuit board, the county councils must
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reflect:
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(a) The circuit's geography and population distribution.
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(b) Juvenile justice partners, including, but not limited
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to, representatives of law enforcement, the school system, and
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the Department of Children and Family Services.
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(c) Diversity in the judicial circuit.
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(8) At any time after the adoption of initial bylaws
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pursuant to subsection (12), and absent any county councils
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formed within a circuit, a juvenile justice circuit board may
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revise the bylaws to increase the number of members by not more
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than three in order to adequately reflect the diversity of the
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population and community organizations or agencies in the
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circuit.
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(9) If county councils are not formed within a circuit, the
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circuit board may establish its membership in accordance with
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subsection (10) of not more than 18 members. For juvenile justice
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circuit boards organized pursuant to this subsection, the state
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attorney, public defender, and chief circuit judge, or their
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respective designees, shall be members of the circuit board.
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(10) Membership of the juvenile justice county councils, or
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juvenile justice circuit boards established under subsection (9),
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may include representatives from the following entities:
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(a) Representatives from the school district, which may
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include elected school board officials, the school
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superintendent, school or district administrators, teachers, and
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counselors.
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(b) Representatives of the board of county commissioners.
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(c) Representatives of the governing bodies of local
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municipalities within the county.
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(d) A representative of the corresponding circuit or
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regional entity of the Department of Children and Family
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Services.
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(e) Representatives of local law enforcement agencies,
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including the sheriff or the sheriff's designee.
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(f) Representatives of the judicial system.
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(g) Representatives of the business community.
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(h) Representatives of other interested officials, groups,
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or entities, including, but not limited to, a children's services
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council, public or private providers of juvenile justice programs
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and services, students, parents, and advocates. Private providers
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of juvenile justice programs may not exceed one-third of the
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voting membership.
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(i) Representatives of the faith community.
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(j) Representatives of victim-service programs and victims
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of crimes.
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(k) Representatives of the Department of Corrections.
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(11) Each juvenile justice county council, or juvenile
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justice circuit board established under subsection (9), must
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provide for the establishment of an executive committee of not
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more than 10 members. The duties and authority of the executive
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committee must be addressed in the bylaws.
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(12) Each juvenile justice circuit board and county council
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shall develop and adopt bylaws that provide for officers and
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committees as the board or council deems necessary and shall
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specify the qualifications, method of selection, and term for
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each office created, and other rules of procedure for it's
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operation, provided such bylaws and rules are not inconsistent
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with federal and state laws or county ordinances. The bylaws
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shall address at least the following issues: process for
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appointments to the board or council; election or appointment of
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officers; filling of vacant positions; duration of member terms;
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provisions for voting; meeting attendance requirements; and the
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establishment and duties of an executive committee, if required
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under subsection (11).
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(13) Members of juvenile justice circuit boards and county
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councils are subject to the provisions of part III of chapter 112,
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F.S., and s. 11.25, F.S. Juvenile justice circuit boards and county
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councils are units of the Legislature as prescribed by s. 11.135,
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F.S.
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(14) The secretary shall hold quarterly meetings with
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chairpersons of the juvenile justice boards and councils and
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governor's children and youth cabinet in order to:
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(a) Advise juvenile justice board and council chairs of
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statewide juvenile justice issues and activities.
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(b) Provide feedback on prevention and intervention program
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budget priorities.
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(c) Obtain input into the strategic planning process.
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(d) Discuss program development, program implementation,
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and quality assurance.
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(15) Nongovernmental members of the juvenile justice circuit
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boards and county councils shall serve without compensation, but
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are entitled to receive per diem and travel expenses in accordance
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with s. 112.061, Florida Statutes. The department shall provide to
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each board and council an allotted fund if appropriated by the
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Legislature, for the administration of it's duties.
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(16) The department shall provide legal counsel on all
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internal matters to the boards and councils where necessary as to
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their duties, responsibilities, and jurisdiction.
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Section 14. Subsection (1) of section 985.668, Florida
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Statutes, is amended to read:
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985.668 Innovation zones.--The department shall encourage
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each of the juvenile justice circuit boards or councils to
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propose at least one innovation zone within the circuit for the
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purpose of implementing any experimental, pilot, or demonstration
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project that furthers the legislatively established goals of the
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department. An innovation zone is a defined geographic area such
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as a circuit, commitment region, county, municipality, service
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delivery area, school campus, or neighborhood providing a
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laboratory for the research, development, and testing of the
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applicability and efficacy of model programs, policy options, and
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new technologies for the department.
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(1)(a) The juvenile justice circuit board or council shall
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submit a proposal for an innovation zone to the secretary. If the
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purpose of the proposed innovation zone is to demonstrate that
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specific statutory goals can be achieved more effectively by
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using procedures that require modification of existing rules,
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policies, or procedures, the proposal may request the secretary
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to waive such existing rules, policies, or procedures or to
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otherwise authorize use of alternative procedures or practices.
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Waivers of such existing rules, policies, or procedures must
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comply with applicable state or federal law.
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(b) For innovation zone proposals that the secretary
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determines require changes to state law, the secretary may submit
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a request for a waiver from such laws, together with any proposed
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changes to state law, to the chairs of the appropriate
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legislative committees for consideration.
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(c) For innovation zone proposals that the secretary
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determines require waiver of federal law, the secretary may
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submit a request for such waivers to the applicable federal
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agency.
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Section 15. Section 985.676, Florida Statutes, is amended
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to read:
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985.676 Community juvenile justice partnership grants.--
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(1) GRANTS; CRITERIA.--
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(a) In order to encourage the development of county and
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circuit juvenile justice plans and the development and
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implementation of county and circuit interagency agreements under
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s. 985.664, the community juvenile justice partnership grant
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program is established and shall be administered by the
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department.
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(b) In awarding these grants, the department shall consider
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applications that at a minimum provide for the following:
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1. The participation of the agencies and programs needed to
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implement the project or program for which the applicant is
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applying;
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2. The reduction of truancy and in-school and out-of-school
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suspensions and expulsions, the enhancement of school safety, and
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other delinquency early-intervention and diversion services;
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3. The number of youths from 10 through 17 years of age
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within the geographic area to be served by the program, giving
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those geographic areas having the highest number of youths from
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10 to 17 years of age priority for selection;
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4. The extent to which the program targets high-juvenile-
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crime neighborhoods and those public schools serving juveniles
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from high-crime neighborhoods;
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5. The validity and cost-effectiveness of the program; and
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6. The degree to which the program is located in and
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managed by local leaders of the target neighborhoods and public
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schools serving the target neighborhoods.
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7. The development and implementation of the goals of the
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local juvenile justice county council or circuit board, governor's
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children and youth cabinet, and other department purposes.
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(c) In addition, the department may consider the following
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criteria in awarding grants:
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1. The circuit juvenile justice plan and any county
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juvenile justice plans that are referred to or incorporated into
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the circuit plan, including a list of individuals, groups, and
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public and private entities that participated in the development
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of the plan.
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2. The diversity of community entities participating in the
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development of the circuit juvenile justice plan.
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3. The number of community partners who will be actively
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involved in the operation of the grant program.
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4. The number of students or youths to be served by the
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grant and the criteria by which they will be selected.
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5. The criteria by which the grant program will be
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evaluated and, if deemed successful, the feasibility of
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implementation in other communities.
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(2) GRANT APPLICATION PROCEDURES.--
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(a) Each entity wishing to apply for an annual community
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juvenile justice partnership grant, which may be renewed for a
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maximum of 2 additional years for the same provision of services,
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unless subject to extension as prescribed under paragraph (3) of
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this section, shall submit a grant proposal for funding or
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continued funding to the department. The department shall
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establish the grant application procedures. In order to be
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considered for funding, the grant proposal shall include the
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following assurances and information:
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1. A letter from each the chair of the juvenile justice
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circuit board and council confirming that the grant application
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has been reviewed and found to support one or more purposes or
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goals of the juvenile justice plan as developed by the board.
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2. A rationale and description of the program and the
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services to be provided, including goals and objectives.
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3. A method for identification of the juveniles most likely
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to be involved in the juvenile justice system who will be the
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focus of the program.
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4. Provisions for the participation of parents and
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guardians in the program.
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5. Coordination with other community-based and social
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service prevention efforts, including, but not limited to, drug
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and alcohol abuse prevention and dropout prevention programs,
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that serve the target population or neighborhood.
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6. An evaluation component to measure the effectiveness of
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the program in accordance with s. 985.632.
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7. A program budget, including the amount and sources of
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local cash and in-kind resources committed to the budget. The
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proposal must establish to the satisfaction of the department
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that the entity will make a cash or in-kind contribution to the
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program of a value that is at least equal to 20 percent of the
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amount of the grant.
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8. The necessary program staff.
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(b) The department shall consider and is required by the
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following in awarding such grants:
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1. The recommendations of the juvenile justice county
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council as to the priority that should be given to proposals
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submitted by entities within a county.
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2. The recommendations of the juvenile justice circuit
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board as to the priority that should be given to proposals
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submitted by entities within a circuit.
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3. First to fund and fulfill the local juvenile justice
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county council or circuit board plans, secondarily, governor's
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children and youth cabinet plan, and lastly, any other department
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stated purpose.
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(c) The department shall make available, to anyone wishing
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to apply for such a grant, information on all of the criteria to
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be used in the selection of the proposals for funding pursuant to
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the provisions of this subsection.
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(d) The department shall review all program proposals
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submitted. Entities submitting proposals shall be notified of
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approval not later than June 30 of each year.
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(e) Each entity that is awarded a grant as provided for in
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this section shall submit an annual evaluation report to the
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department, the circuit juvenile justice manager, the juvenile
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justice circuit board, and the juvenile justice county council,
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by a date subsequent to the end of the contract period
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established by the department, documenting the extent to which
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the program objectives have been met, the effect of the program
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on the juvenile arrest rate, and any other information required
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by the department. The department shall coordinate and
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incorporate all such annual evaluation reports with s. 985.632.
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Each entity is also subject to a financial audit and a
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performance audit.
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(f) The department may establish rules and policy
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provisions necessary to implement this section.
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(3) RESTRICTIONS.--This section does not prevent a program
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initiated under a community juvenile justice partnership grant
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established pursuant to this section from continuing to operate
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beyond the 3-year maximum funding period if it can find other
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funding sources. Likewise, this section does not restrict the
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number of programs an entity may apply for or operate.
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(Redesignate subsequent section.)
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line 694
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and insert:
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985.721, F.S.; conforming cross-references; amending s.
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985.664, F.S., authorizing juvenile justice boards and
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county councils to implement through or recommend to the
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Department, the governor's children and youth cabinet, or
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the Legislature programs furthering the comprehensive
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plan; requiring the department to present its annual
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legislative budget request reflecting required material
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and fiscal needs of each board and council; changing
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membership of the circuit boards and county councils;
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providing that circuit boards and county councils are
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legislative units under s. 11.135, F.S.; requiring the
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department to provide legal counsel and fiscal agency
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services to boards and councils; specifying the parties to
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an interagency agreement; amending s. 985.668, F.S.,
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authorizing county councils to propose innovation zones
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within the circuit; amending s. 985.676, F.S., providing
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additional requirements the department must consider in
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awarding certain grants; establishing a required
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prioritization for awarding such grants; providing an
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3/17/2008 1:49:00 PM CJ.CJ.05123
CODING: Words stricken are deletions; words underlined are additions.