Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2154

660448

CHAMBER ACTION

Senate

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House



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The Committee on Criminal Justice (Crist) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (2) of section 409.145, Florida

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Statutes, is amended to read:

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     409.145  Care of children.--

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     (2)  The following dependent children shall be subject to

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the protection, care, guidance, and supervision of the

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department or any duly licensed public or private agency:

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     (a)  Any child who has been temporarily or permanently

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taken from the custody of the parents, custodians, or guardians

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in accordance with those provisions in chapter 39 that relate to

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dependent children.

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     (b)  Any child who is in need of the protective supervision

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of the department as determined by intake or by the court in

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accordance with those provisions of chapter 39 that relate to

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dependent children.

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     (c)  Any child who is voluntarily placed, with the written

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consent of the parents or guardians, in the department's foster

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care program or the foster care program of a licensed private

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agency.

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This includes a child who is or has been under the custody,

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supervision, or care of the Department of Juvenile Justice and

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who otherwise falls into one of the categories provided in this

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subsection.

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     Section 2.  Subsection (2) of section 409.1451, Florida

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Statutes, is amended to read:

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     409.1451  Independent living transition services.--

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     (2)  ELIGIBILITY.--

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     (a)  The department shall serve children who have reached

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13 years of age but are not yet 18 years of age and who are in

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foster care by providing services pursuant to subsection (4).

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This includes children who are or were under the custody,

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supervision, or care of the Department of Juvenile Justice and

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who otherwise meet the requirements of this paragraph. Children

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to be served must meet the eligibility requirements set forth

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for specific services as provided in this section.

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     (b)  The department shall serve young adults who have

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reached 18 years of age but are not yet 23 years of age and who

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were in foster care when they turned 18 years of age or, after

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reaching 16 years of age, were adopted from foster care or

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placed with a court-approved dependency guardian and have spent

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a minimum of 6 months in foster care within the 12 months

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immediately preceding such placement or adoption, by providing

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services pursuant to subsection (5). This includes young adults

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who are or were under the custody, supervision, or care of the

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Department of Juvenile Justice and who otherwise meet the

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requirements of this paragraph. Young adults to be served must

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meet the eligibility requirements set forth for specific

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services in this section.

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     Section 3.  Present subsections (4) through (38) of section

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985.03, Florida Statutes, are renumbered as subsections (5)

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through (39), respectively, and present subsections (39) through

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(57) of section 985.03, Florida Statutes, are renumbered as

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subsections (41) through (59), respectively and new subsections

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(4) and (40) are added to that section, to read:

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     985.03  Definitions.--As used in this chapter, the term:

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     (4) "Adult transition services" means services and support

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for a youth in the custody or under the supervision of the

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department which has as its objective the acquisition of

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knowledge, skills, and aptitudes that are essential to a

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responsible, self-supporting adult life. The array of services

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provided must include:

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     (a) An assessment of the youth's ability and readiness for

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adult life.

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     (b) A plan for the youth to acquire knowledge,

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information, and counseling sufficient to make a successful

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transition to adulthood.

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     (c) The purchase of services that are proven to be

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effective in achieving the objective of successfully

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transitioning to adulthood.

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     (40) "Ordinary medical care" means medical procedures which

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are administered or performed on a routine basis and include,

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but are not limited to, inoculations, physical examinations,

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remedial treatment for minor illnesses and injuries, preventive

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services, medication management, chronic disease management and

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other medical procedures which are administered or performed on

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a routine basis and which do not involve hospitalization,

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surgery, or use of general anesthesia.

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     Section 4.  Subsection (1), subsection (7) of section

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985.04, Florida Statutes, are amended to read:

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     985.04  Oaths; records; confidential information.--

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     (1)  Except as provided in subsections (2), (3), (6), and

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(7) and s. 943.053, all information obtained under this chapter

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in the discharge of official duty by any judge, any employee of

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the court, any authorized agent of the department, the Parole

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Commission, the Department of Corrections, the juvenile justice

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circuit boards, any law enforcement agent, or any licensed

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professional or licensed community agency representative

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participating in the assessment or treatment of a juvenile is

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confidential and may be disclosed only to the authorized

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personnel of the court, the department and its designees, the

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Department of Corrections, the Department of Children and

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Families, the Parole Commission, law enforcement agents, school

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superintendents and their designees, any licensed professional

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or licensed community agency representative participating in the

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assessment or treatment of a juvenile, and others entitled under

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this chapter to receive that information, or upon order of the

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court. Within each county, the sheriff, the chiefs of police,

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the district school superintendent, and the department shall

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enter into an interagency agreement for the purpose of sharing

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information about juvenile offenders among all parties. The

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agreement must specify the conditions under which summary

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criminal history information is to be made available to

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appropriate school personnel, and the conditions under which

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school records are to be made available to appropriate

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department personnel. Such agreement shall require notification

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to any classroom teacher of assignment to the teacher's

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classroom of a juvenile who has been placed in a probation or

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commitment program for a felony offense. The agencies entering

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into such agreement must comply with s. 943.0525, and must

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maintain the confidentiality of information that is otherwise

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exempt from s. 119.07(1), as provided by law.

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     (7)(a)  Records in the custody of the department regarding

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children are not open to inspection by the public. Such records

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may be inspected only upon order of the Secretary of Juvenile

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Justice or his or her authorized agent by persons who have

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sufficient reason and upon such conditions for their use and

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disposition as the secretary or his or her authorized agent

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deems proper. The information in such records may be disclosed

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only to other employees of the department who have a need

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therefor in order to perform their official duties; to other

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persons as authorized by rule of the department; and, upon

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request, to the Department of Corrections and the Department of

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Children and Families. The secretary or his or her authorized

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agent may permit properly qualified persons to inspect and make

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abstracts from records for statistical purposes under whatever

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conditions upon their use and disposition the secretary or his

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or her authorized agent deems proper, provided adequate

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assurances are given that children's names and other identifying

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information will not be disclosed by the applicant.

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     (b)  The destruction of records pertaining to children

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committed to or supervised by the department pursuant to a court

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order, which records are retained until a child reaches the age

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of 24 years or until a serious or habitual delinquent child

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reaches the age of 26 years, shall be subject to chapter 943.

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     Section 5.  Subsection (1) of section 985.494, Florida

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Statutes, is amended to read:

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     985.494  Commitment programs for juvenile felony

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offenders.--

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     (1)  Notwithstanding any other law and regardless of the

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child's age, a child who is adjudicated delinquent, or for whom

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adjudication is withheld, for an act that would be a felony if

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committed by an adult, shall be committed to:

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     (a)  A sheriff's training and respect program under s.

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985.4891 if the child has participated in an early delinquency

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intervention program as provided in s. 985.61.

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     (b)  A program for serious or habitual juvenile offenders

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under s. 985.47 or an intensive residential treatment program

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for offenders less than 13 years of age under s. 985.483, if the

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child has participated in an early delinquency intervention

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program and has completed a sheriff's training and respect

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program.

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     (c)  A maximum-risk residential program, if the child has

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participated in an early delinquency intervention program, has

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completed a sheriff's training and respect program, and has

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completed a program for serious or habitual juvenile offenders

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or an intensive residential treatment program for offenders less

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than 13 years of age. The commitment of a child to a maximum-

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risk residential program must be for an indeterminate period,

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but may not exceed the maximum term of imprisonment that an

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adult may serve for the same offense.

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     Section 6.  Subsection (2) of section 985.601, Florida

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Statutes, is amended to read:

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     985.601  Administering the juvenile justice continuum.--

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     (2)(a) The department shall develop and implement an

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appropriate continuum of care that provides individualized,

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multidisciplinary assessments, objective evaluations of relative

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risks, and the matching of needs with placements for all

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children under its care, and that uses a system of case

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management to facilitate each child being appropriately

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assessed, provided with services, and placed in a program that

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meets the child's needs.

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     (b) The department shall adopt rules to ensure the

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effective provision of services to youth in the department's

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care and custody. These services shall, to the extent possible

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within available fiscal resources, be commensurate with services

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youth would receive in the community. The rules shall address:

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     1. The delivery of ordinary medical care in department

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facilities and programs owned and operated by or contracted by

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the department;

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     2. The delivery of mental health services in department

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facilities and programs owned and operated by or contracted by

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the department;

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     3. The delivery of substance abuse services in department

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facilities and programs owned and operated by or contracted by

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the department;

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     4. The delivery of services to youth with developmental

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disabilities in department facilities and programs owned and

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operated by or contracted by the department.

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The department shall coordinate its rulemaking with the

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Department of Children and Families and the Agency for Persons

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with Disabilities to ensure that the rules promulgated under

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this section do not encroach upon the substantive jurisdiction

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of those agencies.

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     Section 7.  Section 985.626, Florida Statutes, is created

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to read:

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     985.626 Adult transition services.--

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     (1) The Legislature finds that older adolescents in the

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juvenile justice system are often faced with the need to support

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themselves in the very near future. The Legislature further

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finds that this can be an overwhelming task particularly if they

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lack skills to support themselves by legal means and must

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overcome the stigma of being delinquent. The Legislature

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therefore intends that the Department of Juvenile Justice

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provide adult transition services to assist juveniles in the

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custody of the department or under its supervision in acquiring

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the skills necessary to successfully transition to responsible

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adulthood.

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     (2) The department may provide to children, age 16 or

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older, who are currently under the department's custody,

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supervision, or care, an opportunity to participate in adult

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transition services provided by the department in commitment

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programs or in probation or conditional release programs in the

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community. To implement this program, the department shall:

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     (a) Conduct an assessment of the child to determine the

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child's readiness for adult life, and to determine the skills

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and abilities the child needs to be able to live independently

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and become self-sufficient.

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     (b) Based on the assessment, develop an adult transition

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plan that includes a list of goals, skills, and training needed,

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recommended services, available resources, and a proposed

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schedule of activities, which shall become a component of the

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written case plan required for all youth under the custody,

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supervision, or care of the department. The child, the child's

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parent or guardian, probation officer, or case manager, as

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appropriate, shall be encouraged to participate in the

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development of the adult transition plan and to sign and commit

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to following the plan.

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     1. The department shall develop procedures to maximize the

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participation of parents or guardians in the development of the

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plan and the activities and services provided pursuant to this

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section. If a parent or guardian is unavailable or

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uncooperative, the plan shall be developed without their

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participation. If the parent or guardian is available and

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cooperative, the plan must not conflict with the parents right

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to nurture and train their child in ways that are within the law

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and compliant with any court order.

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     2. The plan must describe the child's current skills and a

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plan for acquiring additional identified skills; provide a plan

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for acquiring future educational, vocational, and training

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skills; describe the child's present financial and budgeting

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capabilities and provide a plan for improving resources and

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abilities; describe a proposed residence, if applicable; propose

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services to be provided by the department and other agencies,

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including the type of service and the nature and frequency of

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contact; and provide a plan for maintaining or developing

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relationships with his or her family, other adults, friends, and

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the community, as appropriate.

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     (c) Provide adult transition services that may include

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life skills training, including training to develop banking and

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budgeting skills, time management or organizational skills,

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interviewing and career planning skills, educational support,

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employment training; personal health management, and parenting

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skills, and counseling. If possible, services shall be provided

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before the child's 18th birthday.

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     1. Children receiving these services should also be

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provided with information related to social security insurance

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benefits and public assistance.

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     2. Services may include residential services and

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assistance that allows the child to live independently of the

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daily care and supervision of an adult in a setting that is not

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required to be licensed under s. 409.175. A child under the care

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or supervision of the department who has reached 16 years of age

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but is not yet 19 years of age is eligible for such services if

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he or she is not a danger to the public safety and is able to

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demonstrate minimally sufficient skill and aptitude for living

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with decreased adult supervision, as determined by the

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department, using established procedures and assessments.

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     (3) The department may contract for the provision of

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services under this section.

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     (4) Adult transition services delivered under this section

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shall be coordinated with the delivery of similar services

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available from the Department of Children and Family Services

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pursuant to s. 409.1451 and from other public or private

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agencies. Court-ordered commitment or probation with the

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department is not a barrier to accessing services otherwise

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available to children who qualify under s. 409.145.

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     Section 8.  Section 985.644, Florida Statutes, is amended

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to read:

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     985.644  Departmental contracting powers; personnel

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standards and screening.--

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     (1) The department of Juvenile Justice or the Department

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of Children and Family Services, as appropriate, may contract

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with the Federal Government, other state departments and

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agencies, county and municipal governments and agencies, public

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and private agencies, and private individuals and corporations

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in carrying out the purposes of, and the responsibilities

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established in, this chapter.

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     (a) When the department of Juvenile Justice or the

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Department of Children and Family Services contracts with a

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provider for any program for children, all personnel, including

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owners, operators, employees, and volunteers, in the facility

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must be of good moral character. Each contract entered into by

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either department for services delivered on an appointment or

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intermittent basis by a provider that does not have regular

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custodial responsibility for children and each contract with a

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school for before or aftercare services must ensure that the

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owners, operators, and all personnel who have direct contact

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with children are of good moral character. A volunteer who

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assists on an intermittent basis for less than 40 hours per

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month need not be screened if the volunteer is under direct and

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constant supervision by persons who meet the screening

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requirements.

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     (b) The department of Juvenile Justice and the Department

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of Children and Family Services shall require employment

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screening under pursuant to chapter 435, using the level 2

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standards set forth in that chapter for personnel, in programs

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for children or youths.

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     (c) The department of Juvenile Justice or the Department

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of Children and Family Services may grant exemptions from

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disqualification from working with children as provided in s.

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435.07.

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     (2) The department may contract with the Federal

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Government, other state departments and agencies, county and

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municipal governments and agencies, public and private agencies,

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and private individuals and corporations in carrying out the

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purposes and the responsibilities of the delinquency services

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and programs of the department.

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     (2)(3) The department shall adopt a rule pursuant to

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chapter 120 establishing a procedure to provide notice of policy

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changes that affect contracted delinquency services and

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programs. A policy is defined as an operational requirement that

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applies to only the specified contracted delinquency service or

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program. The procedure shall include:

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     (a)  Public notice of policy development.

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     (b)  Opportunity for public comment on the proposed policy.

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     (c)  Assessment for fiscal impact upon the department and

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providers.

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     (d)  The department's response to comments received.

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     (4) When the department contracts with a provider for any

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delinquency service or program, all personnel, including all

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owners, operators, employees, and volunteers in the facility or

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providing the service or program shall be of good moral

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character. A volunteer who assists on an intermittent basis for

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less than 40 hours per month is not required to be screened if

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the volunteer is under direct and constant supervision by

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persons who meet the screening requirements.

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     (3)(5)(a) For any person employed by the department, or by

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a provider under contract with the department, in delinquency

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facilities, services, or programs, the department shall require:

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     1.  A level 2 employment screening pursuant to chapter 435

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prior to employment.

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     2.  A federal criminal records check by the Federal Bureau

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of Investigation every 5 years following the date of the

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person's employment.

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     (b)  Except for law enforcement, correctional, and

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correctional probation officers, to whom s. 943.13(5) applies,

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the department shall electronically submit to the Department of

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Law Enforcement:

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     1.  Fingerprint information obtained during the employment

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screening required by subparagraph (a)1.

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     2.  Beginning on December 15, 2005, fingerprint information

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for all persons employed by the department, or by a provider

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under contract with the department, in delinquency facilities,

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services, or programs if such fingerprint information has not

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previously been electronically submitted to the Department of

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Law Enforcement under this paragraph.

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     (c)  All fingerprint information electronically submitted

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to the Department of Law Enforcement under paragraph (b) shall

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be retained by the Department of Law Enforcement and entered

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into the statewide automated fingerprint identification system

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authorized by s. 943.05(2)(b). Thereafter, such fingerprint

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information shall be available for all purposes and uses

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authorized for arrest fingerprint information entered into the

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statewide automated fingerprint identification system pursuant

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to s. 943.051 until the fingerprint information is removed

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pursuant to paragraph (e). The Department of Law Enforcement

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shall search all arrest fingerprint information received

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pursuant to s. 943.051 against the fingerprint information

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entered into the statewide automated fingerprint system pursuant

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to this subsection. Any arrest records identified as a result of

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the search shall be reported to the department in the manner and

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timeframe established by the Department of Law Enforcement by

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rule.

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     (d)  The department shall pay an annual fee to the

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Department of Law Enforcement for its costs resulting from the

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fingerprint information retention services required by this

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subsection. The amount of the annual fee and procedures for the

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submission and retention of fingerprint information and for the

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dissemination of search results shall be established by the

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Department of Law Enforcement by a rule that is applicable to

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the department individually pursuant to this subsection or that

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is applicable to the department and other employing agencies

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pursuant to rulemaking authority otherwise provided by law.

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     (e)  The department shall notify the Department of Law

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Enforcement when a person whose fingerprint information is

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retained by the Department of Law Enforcement under this

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subsection is no longer employed by the department, or by a

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provider under contract with the department, in a delinquency

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facility, service, or program. This notice shall be provided by

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the department to the Department of Law Enforcement no later

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than 6 months after the date of the change in the person's

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employment status. Fingerprint information for persons

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identified by the department in the notice shall be removed from

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the statewide automated fingerprint system.

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     (4)(6) The department may grant exemptions from

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disqualification from working with children as provided in s.

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435.07.

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     Section 9.  Section 985.66, Florida Statutes, is amended to

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read:

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     985.66  Juvenile justice training academies; Juvenile

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Justice Standards and Training Commission; Juvenile Justice

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Training Trust Fund.--

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     (1)  LEGISLATIVE PURPOSE.--In order to enable the state to

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provide a systematic approach to staff development and training

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for judges, state attorneys, public defenders, law enforcement

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officers, school district personnel, and juvenile justice

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program staff that will meet the needs of such persons in their

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discharge of duties while at the same time meeting the

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requirements for the American Correction Association

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accreditation by the Commission on Accreditation for

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Corrections, it is the purpose of the Legislature to require the

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department to establish, maintain, and oversee the operation of

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juvenile justice training academies in the state. The purpose of

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the Legislature in establishing staff development and training

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programs is to foster better staff morale and reduce

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mistreatment and aggressive and abusive behavior in delinquency

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programs; to positively impact the recidivism of children in the

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juvenile justice system; and to afford greater protection of the

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public through an improved level of services delivered by a

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professionally trained juvenile justice program staff to

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children who are alleged to be or who have been found to be

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delinquent.

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     (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE

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STANDARDS AND TRAINING COMMISSION.--

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     (a) There is created under the Department of Juvenile

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Justice the Juvenile Justice Standards and Training Commission,

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hereinafter referred to as the commission. The 17-member

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commission shall consist of the Attorney General or designee,

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the Commissioner of Education or designee, a member of the

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juvenile court judiciary to be appointed by the Chief Justice of

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the Supreme Court, and 14 members to be appointed by the

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Secretary of Juvenile Justice as follows:

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     1. Seven members shall be juvenile justice professionals:

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a superintendent or a direct care staff member from an

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institution; a director from a contracted community-based

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program; a superintendent and a direct care staff member from a

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regional detention center or facility; a juvenile probation

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officer supervisor and a juvenile probation officer; and a

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director of a day treatment or conditional release program. No

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fewer than three of these members shall be contract providers.

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     2. Two members shall be representatives of local law

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enforcement agencies.

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     3. One member shall be an educator from the state's

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university and community college program of criminology,

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criminal justice administration, social work, psychology,

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sociology, or other field of study pertinent to the training of

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juvenile justice program staff.

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     4. One member shall be a member of the public.

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     5. One member shall be a state attorney, or assistant

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state attorney, who has juvenile court experience.

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     6. One member shall be a public defender, or assistant

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public defender, who has juvenile court experience.

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     7. One member shall be a representative of the business

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community.

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All appointed members shall be appointed to serve terms of 2

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years.

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     (b) The composition of the commission shall be broadly

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reflective of the public and shall include minorities and women.

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The term "minorities" as used in this paragraph means a member

468

of a socially or economically disadvantaged group that includes

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blacks, Hispanics, and American Indians.

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     (c) The Department of Juvenile Justice shall provide the

471

commission with staff necessary to assist the commission in the

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performance of its duties.

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     (d) The commission shall annually elect its chairperson

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and other officers. The commission shall hold at least four

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regular meetings each year at the call of the chairperson or

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upon the written request of three members of the commission. A

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majority of the members of the commission constitutes a quorum.

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Members of the commission shall serve without compensation but

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are entitled to be reimbursed for per diem and travel expenses

480

as provided by s. 112.061 and these expenses shall be paid from

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the Juvenile Justice Training Trust Fund.

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     (a)(e) The powers, duties, and functions of the department

483

commission shall be to:

484

     1.  Designate the location of the training academies;

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develop, implement, maintain, and update the curriculum to be

486

used in the training of juvenile justice program staff;

487

establish timeframes for participation in and completion of

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training by juvenile justice program staff; develop, implement,

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maintain, and update job-related examinations; develop,

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implement, and update the types and frequencies of evaluations

491

of the training academies; approve, modify, or disapprove the

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budget for the training academies, and the contractor to be

493

selected to organize and operate the training academies and to

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provide the training curriculum.

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     2.  Establish uniform minimum job-related training courses

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and examinations for juvenile justice program staff.

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     3.  Consult and cooperate with the state or any political

498

subdivision; any private entity or contractor; and with private

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and public universities, colleges, community colleges, and other

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educational institutions concerning the development of juvenile

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justice training and programs or courses of instruction,

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including, but not limited to, education and training in the

503

areas of juvenile justice.

504

     4. Enter into With the approval of the department, make

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and enter into such contracts and agreements with other

506

agencies, organizations, associations, corporations,

507

individuals, or federal agencies as the commission determines

508

are necessary in the execution of its powers or the performance

509

of its duties.

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     5. Make recommendations to the Department of Juvenile

511

Justice concerning any matter within the purview of this

512

section.

513

     (3) JUVENILE JUSTICE TRAINING PROGRAM.--The department

514

commission shall establish a certifiable program for juvenile

515

justice training pursuant to this section, and all department

516

program staff and providers who deliver direct care services

517

pursuant to contract with the department shall be required to

518

participate in and successfully complete the commission-approved

519

program of training pertinent to their areas of responsibility.

520

Judges, state attorneys, and public defenders, law enforcement

521

officers, and school district personnel may participate in such

522

training program. For the juvenile justice program staff, the

523

department commission shall, based on a job-task analysis:

524

     (a)  Design, implement, maintain, evaluate, and revise a

525

basic training program, including a competency-based

526

examination, for the purpose of providing minimum employment

527

training qualifications for all juvenile justice personnel. All

528

program staff of the department and providers who deliver

529

direct-care services who are hired after October 1, 1999, must

530

meet the following minimum requirements:

531

     1.  Be at least 19 years of age.

532

     2.  Be a high school graduate or its equivalent as

533

determined by the department commission.

534

     3.  Not have been convicted of any felony or a misdemeanor

535

involving perjury or a false statement, or have received a

536

dishonorable discharge from any of the Armed Forces of the

537

United States. Any person who, after September 30, 1999, pleads

538

guilty or nolo contendere to or is found guilty of any felony or

539

a misdemeanor involving perjury or false statement is not

540

eligible for employment, notwithstanding suspension of sentence

541

or withholding of adjudication. Notwithstanding this

542

subparagraph, any person who pled nolo contendere to a

543

misdemeanor involving a false statement before October 1, 1999,

544

and who has had such record of that plea sealed or expunged is

545

not ineligible for employment for that reason.

546

     4.  Abide by all the provisions of s. 985.644(1) regarding

547

fingerprinting and background investigations and other screening

548

requirements for personnel.

549

     5.  Execute and submit to the department an affidavit-of-

550

application form, adopted by the department, attesting to his or

551

her compliance with subparagraphs 1.-4. The affidavit must be

552

executed under oath and constitutes an official statement under

553

s. 837.06. The affidavit must include conspicuous language that

554

the intentional false execution of the affidavit constitutes a

555

misdemeanor of the second degree. The employing agency shall

556

retain the affidavit.

557

     (b)  Design, implement, maintain, evaluate, and revise an

558

advanced training program, including a competency-based

559

examination for each training course, which is intended to

560

enhance knowledge, skills, and abilities related to job

561

performance.

562

     (c)  Design, implement, maintain, evaluate, and revise a

563

career development training program, including a competency-

564

based examination for each training course. Career development

565

courses are intended to prepare personnel for promotion.

566

     (d) The department commission is encouraged to design,

567

implement, maintain, evaluate, and revise juvenile justice

568

training courses, or to enter into contracts for such training

569

courses, that are intended to provide for the safety and well-

570

being of both citizens and juvenile offenders.

571

     (4)  JUVENILE JUSTICE TRAINING TRUST FUND.--

572

     (a)  There is created within the State Treasury a Juvenile

573

Justice Training Trust Fund to be used by the Department of

574

Juvenile Justice for the purpose of funding the development and

575

updating of a job-task analysis of juvenile justice personnel;

576

the development, implementation, and updating of job-related

577

training courses and examinations; and the cost of commission-

578

approved juvenile justice training courses; and reimbursement

579

for expenses as provided in s. 112.061 for members of the

580

commission and staff.

581

     (b)  One dollar from every noncriminal traffic infraction

582

collected pursuant to ss. 318.14(10)(b) and 318.18 shall be

583

deposited into the Juvenile Justice Training Trust Fund.

584

     (c)  In addition to the funds generated by paragraph (b),

585

the trust fund may receive funds from any other public or

586

private source.

587

     (d)  Funds that are not expended by the end of the budget

588

cycle or through a supplemental budget approved by the

589

department shall revert to the trust fund.

590

     (5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

591

ACADEMIES.--The number, location, and establishment of juvenile

592

justice training academies shall be determined by the department

593

commission.

594

     (6) SCHOLARSHIPS AND STIPENDS.--

595

     (a) By rule, the commission shall establish criteria to

596

award scholarships or stipends to qualified juvenile justice

597

personnel who are residents of the state who want to pursue a

598

bachelor's or associate in arts degree in juvenile justice or a

599

related field. The department shall handle the administration of

600

the scholarship or stipend. The Department of Education shall

601

handle the notes issued for the payment of the scholarships or

602

stipends. All scholarship and stipend awards shall be paid from

603

the Juvenile Justice Training Trust Fund upon vouchers approved

604

by the Department of Education and properly certified by the

605

Chief Financial Officer. Prior to the award of a scholarship or

606

stipend, the juvenile justice employee must agree in writing to

607

practice her or his profession in juvenile justice or a related

608

field for 1 month for each month of grant or to repay the full

609

amount of the scholarship or stipend together with interest at

610

the rate of 5 percent per annum over a period not to exceed 10

611

years. Repayment shall be made payable to the state for deposit

612

into the Juvenile Justice Training Trust Fund.

613

     (b) The commission may establish the scholarship program

614

by rule and implement the program on or after July 1, 1996.

615

     (7) ADOPTION OF RULES.--The commission shall adopt rules

616

as necessary to carry out the provisions of this section.

617

     (6)(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

618

MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of

619

Risk Management of the Department of Financial Services is

620

authorized to insure a private agency, individual, or

621

corporation operating a state-owned training school under a

622

contract to carry out the purposes and responsibilities of any

623

program of the department. The coverage authorized herein shall

624

be under the same general terms and conditions as the department

625

is insured for its responsibilities under chapter 284.

626

     (9) The Juvenile Justice Standards and Training Commission

627

is terminated on June 30, 2001, and such termination shall be

628

reviewed by the Legislature prior to that date.

629

     Section 10.  Section 984.05, Florida Statutes, is amended

630

to read:

631

     984.05  Rules relating to habitual truants; adoption by

632

State Board of Education and Department of Juvenile

633

Justice.--The Department of Juvenile Justice and the State Board

634

of Education shall work together on the development of, and

635

shall adopt, rules as necessary for administering the

636

implementation of ss. 984.03(27), s. 985.03(26) 985.03(25), and

637

1003.27.

638

     Section 11. Section 985.61, Florida Statutes, is repealed.

639

     Section 12.  Subsection (2) of section 985.721, Florida

640

Statutes, is amended to read:

641

     985.721  Escapes from secure detention or residential

642

commitment facility.--An escape from:

643

     (2) Any residential commitment facility described in s.

644

985.03(46) s. 985.03(44), maintained for the custody, treatment,

645

punishment, or rehabilitation of children found to have

646

committed delinquent acts or violations of law; or

647

648

constitutes escape within the intent and meaning of s. 944.40

649

and is a felony of the third degree, punishable as provided in

650

s. 775.082, s. 775.083, or s. 775.084.

651

     Section 13.  This act shall take effect July 1, 2008.

652

653

================ T I T L E  A M E N D M E N T ================

654

And the title is amended as follows:

655

     Delete everything before the enacting clause

656

and insert:

657

A bill to be entitled

658

An act relating to Juvenile Justice; amending ss. 409.145

659

and 409.1451, F.S.; clarifying that a child in the

660

juvenile justice system is eligible for services provided

661

by the Department of Children and Family Services;

662

amending s. 985.03, F.S.; defining the term "adult

663

transition services"; defining the term "ordinary medical

664

care"; amending s. 985.04, F.S.; providing that

665

confidential information obtained during an official's

666

service with juvenile delinquents may be shared with

667

authorized personnel of the Department of Children and

668

Family Services; amending s. 985.494, F.S.; removing

669

references to the early delinquency intervention program

670

when the court considers where to commit a delinquent;

671

amending s. 985.601, F.S.; requiring the Department of

672

Juvenile Justice to adopt rules to establish procedures to

673

provide ordinary medical care, mental health, substance

674

abuse, and developmental disabilities services to youth

675

within the juvenile justice continuum; requiring that, to

676

the extent possible within available fiscal resources, the

677

procedures must be commensurate with procedures that youth

678

receive in the community; creating s. 985.626, F.S.;

679

providing legislative intent; authorizing the Department

680

of Juvenile Justice to provide adult transition services

681

to certain children in their custody or care; authorizing

682

an assessment and adult transition plan; specifying

683

services; requiring adult transitions services to be

684

coordinating with similar services offered by other

685

agencies; amending s. 985.644, F.S.; deleting references

686

to the Department of Children and Family Services for

687

contracting services that carry out the purposes of the

688

Department of Juvenile Justice; amending s. 985.66, F.S.;

689

transferring the responsibility for the juvenile justice

690

training program from the Juvenile Justice Standards and

691

Training Commission to the Department of Juvenile Justice;

692

repealing s. 985.61, F.S., relating to the early

693

delinquency intervention program; amending ss. 984.05 and

694

985.721, F.S.; conforming cross-references; providing an

695

effective date.

3/17/2008  7:59:00 AM     CJ.12.05031

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