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The Committee on Criminal Justice (Wise) recommended the

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following substitute for amendment (207442):

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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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     (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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requiring the department to provide legal counsel and

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fiscal agency services to boards and councils; specifying

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the parties to an interagency agreement; amending s.

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985.668, F.S., authorizing county councils to propose

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innovation zones within the circuit; amending s. 985.676,

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F.S., providing additional requirements the department

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must consider in awarding certain grants; establishing a

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required prioritization for awarding such grants;

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providing an

3/17/2008  5:36:00 PM     CJ.CJ.05167