CS/HB 273

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.0301,
3F.S.; permitting a court to retain jurisdiction over a
4child and the child's parent or legal guardian whom the
5court has ordered to pay costs, fees, and costs associated
6with court-appointed counsel until the costs, fees, and
7costs associated with court-appointed counsel are
8satisfied; providing intent; creating s. 985.031, F.S.;
9authorizing the court to set reasonable conditions of
10preadjudicatory release; providing examples of such
11conditions; amending s. 985.101, F.S.; permitting a child
12to be taken into custody for violations of preadjudicatory
13release conditions; providing that conditions of
14preadjudicatory release may not be used to impose home
15detention when not otherwise authorized; amending s.
16985.24, F.S.; providing an additional finding to support
17the use of secure, nonsecure, or home detention care;
18amending s. 985.245, F.S.; providing that placement in
19detention care under a specified provision does not
20require a risk assessment; amending s. 985.25, F.S.;
21providing additional grounds for placement of a child in
22secure detention care; amending s. 985.255, F.S.;
23providing for continuing home or nonsecure or home
24detention care or secure detention care prior to a
25detention hearing in certain circumstances; amending s.
26985.26, F.S.; revising time limits for secure, nonsecure,
27or home detention care under a special detention order;
28requiring that children who have been released comply with
29preadjudicatory release conditions; permitting a child to
30be held in secure detention care for additional time under
31specified circumstances; providing that certain time
32limits do not apply to secure detention under a specified
33provision; amending s. 985.265, F.S.; specifying some
34changed circumstances that permit the Department of
35Juvenile Justice to transfer a child from home or
36nonsecure or home detention care to secure detention care;
37amending s. 985.27, F.S.; specifying circumstances under
38which a child who is awaiting placement in a low-risk or
39minimum-risk residential program may be held in secure
40detention care; providing time limits on such detention
41care; providing for secure detention care for absconders
42from specified types of care; revising provisions for
43detention care of a child awaiting placement in a
44moderate-risk residential program; providing for secure
45detention care in specified circumstances; creating s.
46985.28, F.S.; providing for secure detention of a child in
47specified circumstances; permitting a parent or legal
48guardian of a child to be held in contempt of court if he
49or she knowingly and willfully fails to bring or otherwise
50prevents the child from appearing for trial; amending s.
51985.35, F.S.; conforming a cross-reference to changes made
52by the act; amending s. 985.43, F.S.; conforming a cross-
53reference to changes made by the act; providing a
54legislative declaration concerning the determination
55whether to commit a juvenile to the department and the
56most appropriate placement level if the juvenile is
57committed; amending s. 985.433, F.S.; revising provisions
58relating to recommendations by probation officers to the
59court concerning placement and any proposed treatment plan
60of juveniles; specifying that the court has the power to
61determine appropriate dispositions; requiring that reasons
62for a disposition be stated for the record; amending s.
63985.439, F.S.; permitting a child to be detained in a
64facility other than a consequence unit if one is not
65available for a violation of probation or postcommitment
66probation under specified provisions; creating s. 938.20,
67F.S.; permitting each county to create a juvenile crime
68prevention fund; providing for an additional court cost;
69providing for administration and use of funds; amending s.
70790.22, F.S.; conforming a cross-reference; providing that
71the act fulfills an important state interest; providing an
72effective date.
73
74Be It Enacted by the Legislature of the State of Florida:
75
76     Section 1.  Paragraph (i) of subsection (5) of section
77985.0301, Florida Statutes, is amended to read:
78     985.0301  Jurisdiction.--
79     (5)
80     (i)  The court retains may retain jurisdiction over a child
81and the child's parent or legal guardian whom:
82     1.  The court has ordered to pay restitution until the
83restitution order is satisfied. To retain jurisdiction, The
84court shall enter a restitution order, which is separate from
85any disposition or order of commitment, on or prior to the date
86that the court's jurisdiction would cease under this section.
87The contents of the restitution order shall be limited to the
88child's name and address, the name and address of the parent or
89legal guardian, the name and address of the payee, the case
90number, the date and amount of restitution ordered, any amount
91of restitution paid, the amount of restitution due and owing,
92and a notation that costs, interest, penalties, and attorney's
93fees may also be due and owing. The terms of the restitution
94order are subject to s. 775.089(5).
95     2.  The court has ordered to pay costs, fees, and costs
96associated with court-appointed counsel until the costs, fees,
97and costs associated with court-appointed counsel are satisfied,
98regardless of adjudication. The child and the child's parent or
99legal guardian remain responsible for unpaid costs, fees, and
100costs associated with court-appointed counsel until the unpaid
101costs, fees, and costs associated with court-appointed counsel
102are satisfied, even after the child turns 19 years of age. The
103implementation of this subparagraph does not, in any way,
104authorize or otherwise permit details of the juvenile court
105record to be disclosed except as provided by law.
106
107The retention of jurisdiction under this paragraph does not
108preclude the department from closing out the community
109supervision case for a child if the child has successfully met
110all other conditions of the supervision case plan.
111     Section 2.  Section 985.031, Florida Statutes, is created
112to read:
113     985.031  Preadjudicatory release; circuit court
114authority.--The circuit court shall have the authority to set
115reasonable conditions of preadjudicatory release. The child
116shall comply with all such preadjudicatory release conditions
117prior to an adjudicatory hearing. Reasonable conditions of
118preadjudicatory release may include, but are not limited to, the
119following:
120     (1)  The child shall not engage in a violation of law.
121     (2)  The child shall not possess or carry any weapon.
122     (3)  The child shall not possess or use any alcoholic
123beverage or any illegal drug or associate with those who do.
124     (4)  The child shall obey all reasonable household rules.
125     (5)  The child shall attend school regularly, including all
126classes.
127     (6)  The child shall abide by the curfew set by his or her
128parents or guardians, or as set by the court.
129     (7)  The child shall have no contact with any codefendants,
130an alleged victim, or the family of any alleged victim.
131     (8)  The child shall not return to the scene of the alleged
132crime, unless approved by the court.
133     Section 3.  Paragraph (d) of subsection (1) of section
134985.101, Florida Statutes, is amended to read:
135     985.101  Taking a child into custody; preadjudicatory
136release conditions.--
137     (1)  A child may be taken into custody under the following
138circumstances:
139     (d)  By a law enforcement officer who has probable cause to
140believe that the child is in violation of the conditions of the
141child's preadjudicatory release, conditions of the child's
142probation, home detention, postcommitment probation, or
143conditional release supervision; has absconded from
144nonresidential commitment; or has escaped from residential
145commitment.
146
147Nothing in this subsection shall be construed to allow the
148detention of a child who does not meet the detention criteria in
149part V.
150     Section 4.  Subsection (1) of section 985.24, Florida
151Statutes, is amended to read:
152     985.24  Use of detention; prohibitions.--
153     (1)  All determinations and court orders regarding the use
154of secure, nonsecure, or home detention care shall be based
155primarily upon findings that the child:
156     (a)  Presents a substantial risk of not appearing at a
157subsequent hearing;
158     (b)  Presents a substantial risk of inflicting bodily harm
159on others as evidenced by recent behavior;
160     (c)  Presents a history of committing a property offense
161prior to adjudication, disposition, or placement;
162     (d)  Has been adjudicated delinquent and committed to the
163department in a residential facility, but is on home or
164nonsecure detention care while awaiting placement, and:
165     1.  Absconds from home or nonsecure detention care or
166otherwise violates the terms of release; or
167     2.  There is probable cause to believe that the child has
168committed a new violation of law;
169     (e)(d)  Has committed contempt of court by:
170     1.  Intentionally disrupting the administration of the
171court;
172     2.  Intentionally disobeying a court order; or
173     3.  Engaging in a punishable act or speech in the court's
174presence which shows disrespect for the authority and dignity of
175the court; or
176     (f)(e)  Requests protection from imminent bodily harm.
177     Section 5.  Subsection (1) of section 985.245, Florida
178Statutes, is amended to read:
179     985.245  Risk assessment instrument.--
180     (1)  All determinations and court orders regarding
181placement of a child into detention care shall comply with all
182requirements and criteria provided in this part and shall be
183based on a risk assessment of the child, unless the child is
184placed into detention care as provided in s. 985.255(2) or s.
185985.28.
186     Section 6.  Paragraph (b) of subsection (1) of section
187985.25, Florida Statutes, is amended to read:
188     985.25  Detention intake.--
189     (1)  The juvenile probation officer shall receive custody
190of a child who has been taken into custody from the law
191enforcement agency and shall review the facts in the law
192enforcement report or probable cause affidavit and make such
193further inquiry as may be necessary to determine whether
194detention care is required.
195     (b)  The juvenile probation officer shall base the decision
196whether or not to place the child into secure detention care,
197home detention care, or nonsecure detention care on an
198assessment of risk in accordance with the risk assessment
199instrument and procedures developed by the department under s.
200985.245. However, a child shall be placed in secure detention
201care if:
202     1.  The child is charged with possessing or discharging a
203firearm on school property in violation of s. 790.115;
204     2.  The child is alleged to have absconded from home or
205nonsecure detention care or the child otherwise violates the
206terms of release after adjudication and commitment to the
207department but before placement in a residential facility; or
208     3.  There is probable cause to believe the child has
209committed a new violation of law while on home or nonsecure
210detention care after adjudication and commitment but before
211placement in a residential facility shall be placed in secure
212detention care.
213
214Under no circumstances shall the juvenile probation officer or
215the state attorney or law enforcement officer authorize the
216detention of any child in a jail or other facility intended or
217used for the detention of adults, without an order of the court.
218     Section 7.  Subsections (1) and (3) of section 985.255,
219Florida Statutes, are amended to read:
220     985.255  Detention criteria; detention hearing.--
221     (1)  Subject to s. 985.25(1), a child taken into custody
222and placed into nonsecure or home detention care or detained in
223secure detention care prior to a detention hearing may continue
224to be detained by the court if:
225     (a)  The child is alleged to have absconded from home or
226nonsecure detention care or otherwise violates the terms of
227release after adjudication and commitment but while awaiting
228placement in a residential facility.
229     (b)  There is probable cause to believe the child has
230committed a new violation of law while on home or nonsecure
231detention care after adjudication and commitment but while
232awaiting placement in a residential facility.
233     (c)(a)  The child is alleged to be an escapee from a
234residential commitment program; or an absconder from a
235nonresidential commitment program, a probation program, or
236conditional release supervision; or is alleged to have escaped
237while being lawfully transported to or from a residential
238commitment program.
239     (d)(b)  The child is wanted in another jurisdiction for an
240offense which, if committed by an adult, would be a felony.
241     (e)(c)  The child is charged with a delinquent act or
242violation of law and requests in writing through legal counsel
243to be detained for protection from an imminent physical threat
244to his or her personal safety.
245     (f)(d)  The child is charged with committing an offense of
246domestic violence as defined in s. 741.28 and is detained as
247provided in subsection (2).
248     (g)(e)  The child is charged with possession or discharging
249a firearm on school property in violation of s. 790.115.
250     (h)(f)  The child is charged with a capital felony, a life
251felony, a felony of the first degree, a felony of the second
252degree that does not involve a violation of chapter 893, or a
253felony of the third degree that is also a crime of violence,
254including any such offense involving the use or possession of a
255firearm.
256     (i)(g)  The child is charged with any second degree or
257third degree felony involving a violation of chapter 893 or any
258third degree felony that is not also a crime of violence, and
259the child:
260     1.  Has a record of failure to appear at court hearings
261after being properly notified in accordance with the Rules of
262Juvenile Procedure;
263     2.  Has a record of law violations prior to court hearings;
264     3.  Has already been detained or has been released and is
265awaiting final disposition of the case;
266     4.  Has a record of violent conduct resulting in physical
267injury to others; or
268     5.  Is found to have been in possession of a firearm.
269     (j)(h)  The child is alleged to have violated the
270conditions of the child's probation or conditional release
271supervision. However, a child detained under this paragraph may
272be held only in a consequence unit as provided in s. 985.439. If
273a consequence unit is not available, the child may be placed in
274secure detention care, home detention care, or home detention
275care with electronic monitoring shall be placed on home
276detention with electronic monitoring.
277     (k)(i)  The child is detained on a judicial order for
278failure to appear and has previously willfully failed to appear,
279after proper notice, for an adjudicatory hearing on the same
280case regardless of the results of the risk assessment
281instrument. A child may be held in secure detention for up to 72
282hours in advance of the next scheduled court hearing pursuant to
283this paragraph. The child's failure to keep the clerk of court
284and defense counsel informed of a current and valid mailing
285address where the child will receive notice to appear at court
286proceedings does not provide an adequate ground for excusal of
287the child's nonappearance at the hearings.
288     (l)(j)  The child is detained on a judicial order for
289failure to appear and has previously willfully failed to appear,
290after proper notice, at two or more court hearings of any nature
291on the same case regardless of the results of the risk
292assessment instrument. A child may be held in secure detention
293for up to 72 hours in advance of the next scheduled court
294hearing pursuant to this paragraph. The child's failure to keep
295the clerk of court and defense counsel informed of a current and
296valid mailing address where the child will receive notice to
297appear at court proceedings does not provide an adequate ground
298for excusal of the child's nonappearance at the hearings.
299     (3)(a)  A child who meets any of the criteria in subsection
300(1) and who is ordered to be detained under that subsection
301shall be given a hearing within 24 hours after being taken into
302custody. The purpose of the detention hearing is to determine
303the existence of probable cause that the child has committed the
304delinquent act or violation of law that he or she is charged
305with and the need for continued detention. Unless a child is
306detained under paragraph (1)(a), paragraph (1)(b), paragraph
307(1)(f)(d), or paragraph (1)(g)(e), the court shall use the
308results of the risk assessment performed by the juvenile
309probation officer and, based on the criteria in subsection (1),
310shall determine the need for continued detention. A child placed
311into secure, nonsecure, or home detention care may continue to
312be so detained by the court. A child detained under paragraph
313(1)(a) or paragraph (1)(b) may be placed into secure detention
314care pending placement in a residential facility.
315     (c)  Except as provided in paragraph (1)(a), paragraph
316(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
317into secure or nonsecure detention care, or into a respite home
318or other placement pursuant to a court order following a
319hearing, the court order must include specific instructions that
320direct the release of the child from such placement no later
321than 5 p.m. on the last day of the detention period specified in
322s. 985.26 or s. 985.27, whichever is applicable, unless the
323requirements of such applicable provision have been met or an
324order of continuance has been granted under s. 985.26(4).
325     Section 8.  Section 985.26, Florida Statutes, is amended to
326read:
327     985.26  Length of detention.--
328     (1)  A child may not be placed into or held in secure,
329nonsecure, or home detention care for longer than 24 hours
330unless the court orders such detention care, and the order
331includes specific instructions that direct the release of the
332child from such detention care, in accordance with s. 985.255.
333The order shall be a final order, reviewable by appeal under s.
334985.534 and the Florida Rules of Appellate Procedure. Appeals of
335such orders shall take precedence over other appeals and other
336pending matters.
337     (2)(a)  A child may not be held in secure, nonsecure, or
338home detention care under a special detention order for more
339than 21 days, except as provided in paragraph (b), unless an
340adjudicatory hearing for the case has been commenced in good
341faith by the court.
342     (b)1.  A child charged with an offense that would be, if
343committed by an adult, a capital felony, life felony, a felony
344of the first degree, or a felony of the second degree involving
345violence against any individual may not be held in secure,
346nonsecure, or home detention care under a special detention
347order for more than 30 days unless an adjudicatory hearing for
348the case has been commenced in good faith by the court.
349     2.  However, Upon good cause being shown that the nature of
350the charge requires additional time for the prosecution or
351defense of the case, the court may extend the length of
352detention under this paragraph for an additional 15 9 days if
353the child is charged with an offense that would be, if committed
354by an adult, a capital felony, a life felony, a felony of the
355first degree, or a felony of the second degree involving
356violence against any individual.
357
358For purposes of this subsection, if a child is released, the
359child must comply with all conditions of preadjudicatory release
360set by the circuit court.
361     (3)  Except as provided in subsection (2), a child may not
362be held in secure, nonsecure, or home detention care for more
363than 15 days following the entry of an order of adjudication.
364     (4)  The time limits in subsections (2) and (3) do not
365include periods of delay resulting from a continuance granted by
366the court for cause on motion of the child or his or her counsel
367or of the state. Upon the issuance of an order granting a
368continuance for cause on a motion by either the child, the
369child's counsel, or the state, the court shall conduct a hearing
370at the end of each 72-hour period, excluding Saturdays, Sundays,
371and legal holidays, to determine the need for continued
372detention of the child and the need for further continuance of
373proceedings for the child or the state.
374     (5)  The time limits required under this section do not
375apply to children held in secure detention care pursuant to ss.
376985.255(1) and (3), 985.27(1)(a) and (b), and 985.28.
377     (6)(5)  A child who was not in secure detention care at the
378time of the adjudicatory hearing, but for whom residential
379commitment is anticipated or recommended, may be placed under a
380special detention order for a period not to exceed 72 hours,
381excluding weekends and legal holidays, for the purpose of
382conducting a comprehensive evaluation as provided in s. 985.185.
383Motions for the issuance of such special detention order may be
384made subsequent to a finding of delinquency. Upon said motion,
385the court shall conduct a hearing to determine the
386appropriateness of such special detention order and shall order
387the least restrictive level of detention care necessary to
388complete the comprehensive evaluation process that is consistent
389with public safety. Such special detention order may be extended
390for an additional 72 hours upon further order of the court.
391     (7)(6)  If a child is detained and a petition for
392delinquency is filed, the child shall be arraigned in accordance
393with the Florida Rules of Juvenile Procedure within 48 hours
394after the filing of the petition for delinquency.
395     Section 9.  Subsection (1) of section 985.265, Florida
396Statutes, is amended to read:
397     985.265  Detention transfer and release; education; adult
398jails.--
399     (1)  If a child is detained under this part, the department
400may transfer the child from nonsecure or home detention care to
401secure detention care only if significantly changed
402circumstances warrant such transfer. Such circumstances include,
403but are not necessarily limited to:
404     (a)  Where a child is alleged to have absconded from home
405or nonsecure detention care or otherwise violates the terms of
406release after adjudication and commitment but while awaiting
407placement in a residential facility; or
408     (b)  Where probable cause exists that a child has committed
409a new violation of law while on home or nonsecure detention care
410after adjudication and commitment but while awaiting placement
411in a residential facility.
412     Section 10.  Subsection (1) of section 985.27, Florida
413Statutes, is amended to read:
414     985.27  Postcommitment detention while awaiting
415placement.--
416     (1)  The court must place all children who are adjudicated
417and awaiting placement in a commitment program in secure
418detention care, home detention care, or nonsecure detention
419care. Children who are in home detention care or nonsecure
420detention care may be placed on electronic monitoring.
421     (a)  A child who is awaiting placement in a low-risk
422residential program must be removed from detention within 5
423days, excluding Saturdays, Sundays, and legal holidays. Any
424child held in secure detention during the 5 days must meet
425detention admission criteria under this part. A child who is
426placed in home detention care, nonsecure detention care, or home
427or nonsecure detention care with electronic monitoring, while
428awaiting placement in a minimum-risk or low-risk program, may be
429held in secure detention care for 5 days, if the child violates
430the conditions of the home detention care, the nonsecure
431detention care, or the electronic monitoring agreement. For any
432subsequent violation, the court may impose an additional 15 5
433days, excluding Saturdays, Sundays, and legal holidays, in
434secure detention care.
435     (b)1.  A child who is awaiting placement in a moderate-risk
436residential program must be placed in secure detention care,
437home detention care, or nonsecure detention care. Any child held
438in secure detention care must meet detention admission criteria
439under this part.
440     2.  A child may not be held in secure detention care longer
441than 15 days, excluding Saturdays, Sundays, and legal holidays,
442while awaiting placement in a moderate-risk residential
443facility, except that any child shall be held in secure
444detention care until placed in a residential facility if:
445     a.  The child is alleged to have absconded from home
446detention care or nonsecure detention care or otherwise violated
447the terms of release or electronic monitoring; or
448     b.  Probable cause exists that a child committed a new
449violation of law while on home detention care, nonsecure
450detention care, or electronic monitoring and the child is
451awaiting placement in a residential program. A child who is
452awaiting placement in a moderate-risk residential program must
453be removed from detention within 5 days, excluding Saturdays,
454Sundays, and legal holidays. Any child held in secure detention
455during the 5 days must meet detention admission criteria under
456this part. The department may seek an order from the court
457authorizing continued detention for a specific period of time
458necessary for the appropriate residential placement of the
459child. However, such continued detention in secure detention
460care may not exceed 15 days after entry of the commitment order,
461excluding Saturdays, Sundays, and legal holidays, and except as
462otherwise provided in this section. A child who is placed in
463home detention care, nonsecure detention care, or home or
464nonsecure detention care with electronic monitoring, while
465awaiting placement in a moderate-risk program, may be held in
466secure detention care for 5 days, if the child violates the
467conditions of the home detention care, the nonsecure detention
468care, or the electronic monitoring agreement. For any subsequent
469violation, the court may impose an additional 5 days in secure
470detention care.
471     (c)  If the child is committed to a high-risk residential
472program, the child must be held in secure detention care until
473placement or commitment is accomplished.
474     (d)  If the child is committed to a maximum-risk
475residential program, the child must be held in secure detention
476care until placement or commitment is accomplished.
477     Section 11.  Section 985.28, Florida Statutes, is created
478to read:
479     985.28  Appearance in court; preadjudicatory detention;
480contempt.--
481     (1)  A child may be held in secure detention care if, after
482proper notice, the child fails to appear in court because the
483child refuses to appear, runs away, or otherwise intentionally
484avoids his or her appearance. The court may hold the child in
485secure detention care until the trial concludes, regardless of
486the results of the risk assessment instrument.
487     (2)  A parent or legal guardian, after being properly
488noticed, who knowingly and willfully fails to bring or otherwise
489prevents a child from appearing for trial may be held in
490contempt of court.
491     Section 12.  Subsection (1) of section 985.35, Florida
492Statutes, is amended to read:
493     985.35  Adjudicatory hearings; withheld adjudications;
494orders of adjudication.--
495     (1)  The adjudicatory hearing must be held as soon as
496practicable after the petition alleging that a child has
497committed a delinquent act or violation of law is filed and in
498accordance with the Florida Rules of Juvenile Procedure; but
499reasonable delay for the purpose of investigation, discovery, or
500procuring counsel or witnesses shall be granted. If the child is
501being detained, the time limitations in s. 985.26(2) and (3)
502apply.
503     Section 13.  Paragraph (c) of subsection (1) of section
504985.43, Florida Statutes, is amended, and subsection (4) is
505added to that section, to read:
506     985.43  Predisposition reports; other evaluations.--
507     (1)  Upon a finding that the child has committed a
508delinquent act:
509     (c)  A child who was not in secure detention at the time of
510the adjudicatory hearing, but for whom residential commitment is
511anticipated or recommended, may be placed under a special
512detention order, as provided in s. 985.26(6)(5), for the purpose
513of conducting a comprehensive evaluation.
514     (4)  The Legislature finds that the court is in the best
515position to weigh all facts and circumstances to determine
516whether or not to commit a juvenile to the department and to
517determine the most appropriate restrictiveness level for a
518juvenile committed to the department.
519     Section 14.  Paragraphs (a) and (b) of subsection (7) of
520section 985.433, Florida Statutes, are amended to read:
521     985.433  Disposition hearings in delinquency cases.--When a
522child has been found to have committed a delinquent act, the
523following procedures shall be applicable to the disposition of
524the case:
525     (7)  If the court determines that the child should be
526adjudicated as having committed a delinquent act and should be
527committed to the department, such determination shall be in
528writing or on the record of the hearing. The determination shall
529include a specific finding of the reasons for the decision to
530adjudicate and to commit the child to the department, including
531any determination that the child was a member of a criminal
532street gang.
533     (a)  The juvenile probation officer shall make a
534recommendation to the court concerning placement and any
535proposed treatment plan recommend to the court the most
536appropriate placement and treatment plan, specifically
537identifying the restrictiveness level most appropriate for the
538child. If the court has determined that the child was a member
539of a criminal street gang, that determination shall be given
540great weight in identifying the most appropriate restrictiveness
541level for the child. The court shall consider the department's
542recommendation in making its commitment decision.
543     (b)  The court may shall commit the child to the department
544at the restrictiveness level identified by the department, or
545the court may order placement at a different restrictiveness
546level. The court may determine the disposition on the same
547factors as the department considered in the department's
548predisposition report and placement recommendation even if the
549court reaches a different conclusion. The court may commit the
550child to a different restrictiveness level than recommended by
551the department. The court shall state for the record the reasons
552for the disposition imposed that establish by a preponderance of
553the evidence why the court is disregarding the assessment of the
554child and the restrictiveness level recommended by the
555department. Any party may appeal the court's findings resulting
556in a modified level of restrictiveness under this paragraph. The
557department shall maintain data to identify the extent to which
558the courts agree with the department's recommendation.
559     Section 15.  Subsection (2) of section 985.439, Florida
560Statutes, is amended to read:
561     985.439  Violation of probation or postcommitment
562probation.--
563     (2)  A child taken into custody under s. 985.101 for
564violating the conditions of probation or postcommitment
565probation shall be held in a consequence unit if such a unit is
566available or may be detained under part V in a facility other
567than a consequence unit if one is not available. The child shall
568be afforded a hearing within 24 hours after being taken into
569custody to determine the existence of probable cause that the
570child violated the conditions of probation or postcommitment
571probation. A consequence unit is a secure facility specifically
572designated by the department for children who are taken into
573custody under s. 985.101 for violating probation or
574postcommitment probation, or who have been found by the court to
575have violated the conditions of probation or postcommitment
576probation. If the violation involves a new charge of
577delinquency, the child may be detained under part V in a
578facility other than a consequence unit. If the child is not
579eligible for detention for the new charge of delinquency, the
580child may be held in the consequence unit pending a hearing and
581is subject to the time limitations specified in part V.
582     Section 16.  Section 938.20, Florida Statutes, is created
583to read:
584     938.20  County juvenile crime prevention fund.--
585     (1)  Notwithstanding s. 318.121, and in addition to ss.
586938.19 and 939.185, in each county the board of county
587commissioners may adopt a mandatory court cost to be assessed in
588specific cases by incorporating by reference the provisions of
589this section in a county ordinance. Assessments collected by the
590clerk of the circuit court under this section shall be deposited
591into an account specifically for the administration of the
592county's juvenile crime prevention fund. The proceeds of the
593county's juvenile crime prevention fund shall only be used to
594fund local programs whose principal focus is the prevention of
595juvenile crime, the creation of consequence or suspension
596centers, and truancy programs and such other areas of local
597concern relating to juvenile crime.
598     (2)  A sum of up to $50 shall be assessed as a court cost
599in the circuit court in the county against each juvenile who
600pleads guilty or nolo contendere to, or is found guilty of,
601regardless of adjudication, a violation of criminal law or
602municipal or county ordinance.
603     (3)  The assessment for court costs under this section
604shall be assessed in addition to any other cost or fee and may
605not be deducted from the proceeds of any other cost that is
606received by the county.
607     (4)(a)  The clerk of the circuit court shall collect the
608assessments for court costs under this section and shall remit
609the assessments to the county's juvenile crime prevention fund
610monthly.
611     (b)  The clerk of the circuit court shall withhold 3
612percent of the assessments collected, which shall be retained as
613fee income of the office of the clerk of the circuit court.
614     (5)  A county's juvenile crime prevention fund must account
615for all funds received and disbursed under this section in a
616written report to the board of county commissioners of that
617county. The report must be given to the commissioners by August
6181 of each year unless a different date is required by the
619commissioners.
620     (6)  A county's juvenile crime prevention fund may be
621administered by a nonprofit organization, a law enforcement
622agency, the court administrator, the clerk of the circuit court,
623a county agency, or another similar agency authorized by the
624board of county commissioners of that county.
625     Section 17.  Subsection (8) of section 790.22, Florida
626Statutes, is amended to read:
627     790.22  Use of BB guns, air or gas-operated guns, or
628electric weapons or devices by minor under 16; limitation;
629possession of firearms by minor under 18 prohibited;
630penalties.--
631     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
632under 18 years of age is charged with an offense that involves
633the use or possession of a firearm, as defined in s. 790.001,
634including a violation of subsection (3), or is charged for any
635offense during the commission of which the minor possessed a
636firearm, the minor shall be detained in secure detention, unless
637the state attorney authorizes the release of the minor, and
638shall be given a hearing within 24 hours after being taken into
639custody. At the hearing, the court may order that the minor
640continue to be held in secure detention in accordance with the
641applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
642the court finds that the minor meets the criteria specified in
643s. 985.255, or if the court finds by clear and convincing
644evidence that the minor is a clear and present danger to himself
645or herself or the community. The Department of Juvenile Justice
646shall prepare a form for all minors charged under this
647subsection that states the period of detention and the relevant
648demographic information, including, but not limited to, the sex,
649age, and race of the minor; whether or not the minor was
650represented by private counsel or a public defender; the current
651offense; and the minor's complete prior record, including any
652pending cases. The form shall be provided to the judge to be
653considered when determining whether the minor should be
654continued in secure detention under this subsection. An order
655placing a minor in secure detention because the minor is a clear
656and present danger to himself or herself or the community must
657be in writing, must specify the need for detention and the
658benefits derived by the minor or the community by placing the
659minor in secure detention, and must include a copy of the form
660provided by the department. The Department of Juvenile Justice
661must send the form, including a copy of any order, without
662client-identifying information, to the Office of Economic and
663Demographic Research.
664     Section 18.  The Legislature determines and declares that
665this act fulfills an important state interest.
666     Section 19.  This act shall take effect July 1, 2008.


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