Florida Senate - 2008 SB 2508

By Senator Dockery

15-03215-08 20082508__

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A bill to be entitled

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An act relating to adult transition services; amending ss.

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

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juvenile justice system is eligible for services provided

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by the Department of Children and Family Services;

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

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transition services"; creating s. 985.626, F.S.; providing

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legislative intent; requiring the Department of Juvenile

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Justice to provide adult transition services to certain

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children in their custody or care; requiring an assessment

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and adult transition plan; specifying services; requiring

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adult transitions services to be coordinating with similar

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services offered by other agencies; amending ss. 984.05

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

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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 department

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or any duly licensed public or private agency:

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     (a)  Any child who has been temporarily or permanently taken

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

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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 13

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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 for

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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 placed

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with a court-approved dependency guardian and have spent a

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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 services

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in this section.

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     Section 3.  Present subsections (4) through (57) of section

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

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through (58), respectively, and a new subsection (4) is added to

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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, information,

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and counseling sufficient to make a successful transition to

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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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     Section 4.  Section 985.626, Florida Statutes, is created to

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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 finds

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that this can be an overwhelming task particularly if they lack

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skills to support themselves by legal means and must overcome the

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stigma of being delinquent. The Legislature therefore intends

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that the Department of Juvenile Justice provide adult transition

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services to assist juveniles in the custody of the department or

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under its supervision in acquiring the skills necessary to

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successfully transition to responsible adulthood.

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     (2) The department shall 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 and

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abilities the child needs to be able to live independently and

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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 uncooperative,

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the plan shall be developed without their participation. If the

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parent or guardian is available and cooperative, the plan must

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not conflict with the parents right to nurture and train their

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child in ways that are within the law and compliant with any

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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 life

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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 assistance

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that allows the child to live independently of the daily care and

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supervision of an adult in a setting that is not required to be

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licensed under s. 409.175. A child under the care or supervision

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of the department who has reached 16 years of age but is not yet

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19 years of age is eligible for such services if he or she is not

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a danger to the public safety and is able to demonstrate

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minimally sufficient skill and aptitude for living with decreased

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adult supervision, as determined by the department, using

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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 5.  Section 984.05, Florida Statutes, is amended to

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read:

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     984.05  Rules relating to habitual truants; adoption by

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

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Department of Juvenile Justice and the State Board of Education

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shall work together on the development of, and shall adopt, rules

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as necessary for administering the implementation of ss.

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984.03(27), 985.03(26) 985.03(25), and 1003.27.

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     Section 6.  Subsection (2) of section 985.721, Florida

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Statutes, is amended to read:

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     985.721  Escapes from secure detention or residential

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commitment facility.--An escape from:

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     (2) Any residential commitment facility described in s.

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985.03(45) s. 985.03(44), maintained for the custody, treatment,

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punishment, or rehabilitation of children found to have committed

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delinquent acts or violations of law; or

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constitutes escape within the intent and meaning of s. 944.40 and

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

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775.082, s. 775.083, or s. 775.084.

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     Section 7.  This act shall take effect July 1, 2008.

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