CS/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.; requiring that children who have been
27released comply with preadjudicatory release conditions;
28providing that certain time limits do not apply to secure
29detention under specified provisions; amending s. 985.265,
30F.S.; specifying some changed circumstances that permit
31the Department of Juvenile Justice to transfer a child
32from home or nonsecure or home detention care to secure
33detention care; amending s. 985.27, F.S.; specifying
34circumstances under which a child who is awaiting
35placement in a low-risk or minimum-risk residential
36program may be held in secure detention care; providing
37time limits on such detention care; providing for secure
38detention care for absconders from specified types of
39care; revising provisions for detention care of a child
40awaiting placement in a moderate-risk residential program;
41providing for secure detention care in specified
42circumstances; creating s. 985.28, F.S.; providing for
43secure detention of a child in specified circumstances;
44permitting a parent or legal guardian of a child to be
45held in contempt of court if he or she knowingly and
46willfully fails to bring or otherwise prevents the child
47from appearing for trial; amending s. 985.35, F.S.;
48conforming a cross-reference to changes made by the act;
49amending s. 985.43, F.S.; conforming a cross-reference to
50changes made by the act; providing a legislative
51declaration concerning the determination whether to commit
52a juvenile to the department and the most appropriate
53placement level if the juvenile is committed; amending s.
54985.433, F.S.; revising provisions relating to
55recommendations by probation officers to the court
56concerning placement and any proposed treatment plan of
57juveniles; specifying that the court has the power to
58determine appropriate dispositions; requiring that reasons
59for a disposition be stated for the record; amending s.
60985.439, F.S.; permitting a child to be detained in a
61facility other than a consequence unit if one is not
62available for a violation of probation or postcommitment
63probation under specified provisions; creating s. 938.20,
64F.S.; permitting each county to create a juvenile crime
65prevention fund; providing for an additional court cost;
66providing for administration and use of funds; amending s.
67790.22, F.S.; conforming a cross-reference; providing that
68the act fulfills an important state interest; providing an
69effective date.
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Paragraph (i) of subsection (5) of section
74985.0301, Florida Statutes, is amended to read:
75     985.0301  Jurisdiction.--
76     (5)
77     (i)  The court retains may retain jurisdiction over a child
78and the child's parent or legal guardian whom:
79     1.  The court has ordered to pay restitution until the
80restitution order is satisfied. To retain jurisdiction, The
81court shall enter a restitution order, which is separate from
82any disposition or order of commitment, on or prior to the date
83that the court's jurisdiction would cease under this section.
84The contents of the restitution order shall be limited to the
85child's name and address, the name and address of the parent or
86legal guardian, the name and address of the payee, the case
87number, the date and amount of restitution ordered, any amount
88of restitution paid, the amount of restitution due and owing,
89and a notation that costs, interest, penalties, and attorney's
90fees may also be due and owing. The terms of the restitution
91order are subject to s. 775.089(5).
92     2.  The court has ordered to pay costs, fees, and costs
93associated with court-appointed counsel until the costs, fees,
94and costs associated with court-appointed counsel are satisfied,
95regardless of adjudication. The child and the child's parent or
96legal guardian remain responsible for unpaid costs, fees, and
97costs associated with court-appointed counsel until the unpaid
98costs, fees, and costs associated with court-appointed counsel
99are satisfied, even after the child turns 19 years of age. The
100implementation of this subparagraph does not, in any way,
101authorize or otherwise permit details of the juvenile court
102record to be disclosed except as provided by law.
103
104The retention of jurisdiction under this paragraph does not
105preclude the department from closing out the community
106supervision case for a child if the child has successfully met
107all other conditions of the supervision case plan.
108     Section 2.  Section 985.031, Florida Statutes, is created
109to read:
110     985.031  Preadjudicatory release; circuit court
111authority.--The circuit court shall have the authority to set
112reasonable conditions of preadjudicatory release. The child
113shall comply with all such preadjudicatory release conditions
114prior to an adjudicatory hearing. Reasonable conditions of
115preadjudicatory release may include, but are not limited to, the
116following:
117     (1)  The child shall not engage in a violation of law.
118     (2)  The child shall not possess or carry any weapon.
119     (3)  The child shall not possess or use any alcoholic
120beverage or illegal drug or associate with those who are
121currently possessing or using any alcoholic beverage or illegal
122drug.
123     (4)  The child shall obey all reasonable household rules.
124     (5)  The child shall attend school regularly, including all
125classes.
126     (6)  The child shall abide by the curfew set by his or her
127parents or guardians, or as set by the court.
128     (7)  The child shall have no contact with any codefendants,
129an alleged victim, or the family of any alleged victim.
130     (8)  The child shall not return to the scene of the alleged
131crime, unless approved by the court.
132     Section 3.  Paragraph (d) of subsection (1) of section
133985.101, Florida Statutes, is amended to read:
134     985.101  Taking a child into custody; preadjudicatory
135release conditions.--
136     (1)  A child may be taken into custody under the following
137circumstances:
138     (d)  By a law enforcement officer who has probable cause to
139believe that the child is in violation of the conditions of the
140child's preadjudicatory release, conditions of the child's
141probation, home detention, postcommitment probation, or
142conditional release supervision; has absconded from
143nonresidential commitment; or has escaped from residential
144commitment.
145
146Nothing in this subsection shall be construed to allow the
147detention of a child who does not meet the detention criteria in
148part V.
149     Section 4.  Subsection (1) of section 985.24, Florida
150Statutes, is amended to read:
151     985.24  Use of detention; prohibitions.--
152     (1)  All determinations and court orders regarding the use
153of secure, nonsecure, or home detention care shall be based
154primarily upon findings that the child:
155     (a)  Presents a substantial risk of not appearing at a
156subsequent hearing;
157     (b)  Presents a substantial risk of inflicting bodily harm
158on others as evidenced by recent behavior;
159     (c)  Presents a history of committing a property offense
160prior to adjudication, disposition, or placement;
161     (d)  Has been adjudicated delinquent and committed to the
162department in a residential facility, but is on home or
163nonsecure detention care while awaiting placement, and:
164     1.  Absconds from home or nonsecure detention care or
165otherwise violates the terms of release; or
166     2.  There is probable cause to believe that the child has
167committed a new violation of law;
168     (e)(d)  Has committed contempt of court by:
169     1.  Intentionally disrupting the administration of the
170court;
171     2.  Intentionally disobeying a court order; or
172     3.  Engaging in a punishable act or speech in the court's
173presence which shows disrespect for the authority and dignity of
174the court; or
175     (f)(e)  Requests protection from imminent bodily harm.
176     Section 5.  Subsection (1) of section 985.245, Florida
177Statutes, is amended to read:
178     985.245  Risk assessment instrument.--
179     (1)  All determinations and court orders regarding
180placement of a child into detention care shall comply with all
181requirements and criteria provided in this part and shall be
182based on a risk assessment of the child, unless the child is
183placed into detention care as provided in s. 985.255(2) or s.
184985.28.
185     Section 6.  Paragraph (b) of subsection (1) of section
186985.25, Florida Statutes, is amended to read:
187     985.25  Detention intake.--
188     (1)  The juvenile probation officer shall receive custody
189of a child who has been taken into custody from the law
190enforcement agency and shall review the facts in the law
191enforcement report or probable cause affidavit and make such
192further inquiry as may be necessary to determine whether
193detention care is required.
194     (b)  The juvenile probation officer shall base the decision
195whether or not to place the child into secure detention care,
196home detention care, or nonsecure detention care on an
197assessment of risk in accordance with the risk assessment
198instrument and procedures developed by the department under s.
199985.245. However, a child shall be placed in secure detention
200care if:
201     1.  The child is charged with possessing or discharging a
202firearm on school property in violation of s. 790.115;
203     2.  The child is alleged to have absconded from home or
204nonsecure detention care or the child otherwise violates the
205terms of release after adjudication and commitment to the
206department but before placement in a residential facility; or
207     3.  There is probable cause to believe the child has
208committed a new violation of law while on home or nonsecure
209detention care after adjudication and commitment but before
210placement in a residential facility shall be placed in secure
211detention care.
212
213Under no circumstances shall the juvenile probation officer or
214the state attorney or law enforcement officer authorize the
215detention of any child in a jail or other facility intended or
216used for the detention of adults, without an order of the court.
217     Section 7.  Subsections (1) and (3) of section 985.255,
218Florida Statutes, are amended to read:
219     985.255  Detention criteria; detention hearing.--
220     (1)  Subject to s. 985.25(1), a child taken into custody
221and placed into nonsecure or home detention care or detained in
222secure detention care prior to a detention hearing may continue
223to be detained by the court if:
224     (a)  The child is alleged to have absconded from home or
225nonsecure detention care or otherwise violates the terms of
226release after adjudication and commitment but while awaiting
227placement in a residential facility.
228     (b)  There is probable cause to believe the child has
229committed a new violation of law while on home or nonsecure
230detention care after adjudication and commitment but while
231awaiting placement in a residential facility.
232     (c)(a)  The child is alleged to be an escapee from a
233residential commitment program; or an absconder from a
234nonresidential commitment program, a probation program, or
235conditional release supervision; or is alleged to have escaped
236while being lawfully transported to or from a residential
237commitment program.
238     (d)(b)  The child is wanted in another jurisdiction for an
239offense which, if committed by an adult, would be a felony.
240     (e)(c)  The child is charged with a delinquent act or
241violation of law and requests in writing through legal counsel
242to be detained for protection from an imminent physical threat
243to his or her personal safety.
244     (f)(d)  The child is charged with committing an offense of
245domestic violence as defined in s. 741.28 and is detained as
246provided in subsection (2).
247     (g)(e)  The child is charged with possession or discharging
248a firearm on school property in violation of s. 790.115.
249     (h)(f)  The child is charged with a capital felony, a life
250felony, a felony of the first degree, a felony of the second
251degree that does not involve a violation of chapter 893, or a
252felony of the third degree that is also a crime of violence,
253including any such offense involving the use or possession of a
254firearm.
255     (i)(g)  The child is charged with any second degree or
256third degree felony involving a violation of chapter 893 or any
257third degree felony that is not also a crime of violence, and
258the child:
259     1.  Has a record of failure to appear at court hearings
260after being properly notified in accordance with the Rules of
261Juvenile Procedure;
262     2.  Has a record of law violations prior to court hearings;
263     3.  Has already been detained or has been released and is
264awaiting final disposition of the case;
265     4.  Has a record of violent conduct resulting in physical
266injury to others; or
267     5.  Is found to have been in possession of a firearm.
268     (j)(h)  The child is alleged to have violated the
269conditions of the child's probation or conditional release
270supervision. However, a child detained under this paragraph may
271be held only in a consequence unit as provided in s. 985.439. If
272a consequence unit is not available, the child may be placed in
273secure detention care, home detention care, or home detention
274care with electronic monitoring shall be placed on home
275detention with electronic monitoring.
276     (k)(i)  The child is detained on a judicial order for
277failure to appear and has previously willfully failed to appear,
278after proper notice, for an adjudicatory hearing on the same
279case regardless of the results of the risk assessment
280instrument. A child may be held in secure detention for up to 72
281hours in advance of the next scheduled court hearing pursuant to
282this paragraph. The child's failure to keep the clerk of court
283and defense counsel informed of a current and valid mailing
284address where the child will receive notice to appear at court
285proceedings does not provide an adequate ground for excusal of
286the child's nonappearance at the hearings.
287     (l)(j)  The child is detained on a judicial order for
288failure to appear and has previously willfully failed to appear,
289after proper notice, at two or more court hearings of any nature
290on the same case regardless of the results of the risk
291assessment instrument. A child may be held in secure detention
292for up to 72 hours in advance of the next scheduled court
293hearing pursuant to this paragraph. The child's failure to keep
294the clerk of court and defense counsel informed of a current and
295valid mailing address where the child will receive notice to
296appear at court proceedings does not provide an adequate ground
297for excusal of the child's nonappearance at the hearings.
298     (3)(a)  A child who meets any of the criteria in subsection
299(1) and who is ordered to be detained under that subsection
300shall be given a hearing within 24 hours after being taken into
301custody. The purpose of the detention hearing is to determine
302the existence of probable cause that the child has committed the
303delinquent act or violation of law that he or she is charged
304with and the need for continued detention. Unless a child is
305detained under paragraph (1)(a), paragraph (1)(b), paragraph
306(1)(f)(d), or paragraph (1)(g)(e), the court shall use the
307results of the risk assessment performed by the juvenile
308probation officer and, based on the criteria in subsection (1),
309shall determine the need for continued detention. A child placed
310into secure, nonsecure, or home detention care may continue to
311be so detained by the court. A child detained under paragraph
312(1)(a) or paragraph (1)(b) may be placed into secure detention
313care pending placement in a residential facility.
314     (c)  Except as provided in paragraph (1)(a), paragraph
315(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
316into secure or nonsecure detention care, or into a respite home
317or other placement pursuant to a court order following a
318hearing, the court order must include specific instructions that
319direct the release of the child from such placement no later
320than 5 p.m. on the last day of the detention period specified in
321s. 985.26 or s. 985.27, whichever is applicable, unless the
322requirements of such applicable provision have been met or an
323order of continuance has been granted under s. 985.26(4).
324     Section 8.  Section 985.26, Florida Statutes, is amended to
325read:
326     985.26  Length of detention.--
327     (1)  A child may not be placed into or held in secure,
328nonsecure, or home detention care for longer than 24 hours
329unless the court orders such detention care, and the order
330includes specific instructions that direct the release of the
331child from such detention care, in accordance with s. 985.255.
332The order shall be a final order, reviewable by appeal under s.
333985.534 and the Florida Rules of Appellate Procedure. Appeals of
334such orders shall take precedence over other appeals and other
335pending matters.
336     (2)  A child may not be held in secure, nonsecure, or home
337detention care under a special detention order for more than 21
338days unless an adjudicatory hearing for the case has been
339commenced in good faith by the court. However, upon good cause
340being shown that the nature of the charge requires additional
341time for the prosecution or defense of the case, the court may
342extend the length of detention for an additional 9 days if the
343child is charged with an offense that would be, if committed by
344an adult, a capital felony, a life felony, a felony of the first
345degree, or a felony of the second degree involving violence
346against any individual. For purposes of this subsection, if a
347child is released, the child must comply with all conditions of
348preadjudicatory release set by the circuit court.
349     (3)  Except as provided in subsection (2), a child may not
350be held in secure, nonsecure, or home detention care for more
351than 15 days following the entry of an order of adjudication.
352     (4)  The time limits in subsections (2) and (3) do not
353include periods of delay resulting from a continuance granted by
354the court for cause on motion of the child or his or her counsel
355or of the state. Upon the issuance of an order granting a
356continuance for cause on a motion by either the child, the
357child's counsel, or the state, the court shall conduct a hearing
358at the end of each 72-hour period, excluding Saturdays, Sundays,
359and legal holidays, to determine the need for continued
360detention of the child and the need for further continuance of
361proceedings for the child or the state.
362     (5)  The time limits required under this section do not
363apply to children held in secure detention care pursuant to ss.
364985.255(1) and (3), 985.27(1)(a) and (b), and 985.28.
365     (6)(5)  A child who was not in secure detention care at the
366time of the adjudicatory hearing, but for whom residential
367commitment is anticipated or recommended, may be placed under a
368special detention order for a period not to exceed 72 hours,
369excluding weekends and legal holidays, for the purpose of
370conducting a comprehensive evaluation as provided in s. 985.185.
371Motions for the issuance of such special detention order may be
372made subsequent to a finding of delinquency. Upon said motion,
373the court shall conduct a hearing to determine the
374appropriateness of such special detention order and shall order
375the least restrictive level of detention care necessary to
376complete the comprehensive evaluation process that is consistent
377with public safety. Such special detention order may be extended
378for an additional 72 hours upon further order of the court.
379     (7)(6)  If a child is detained and a petition for
380delinquency is filed, the child shall be arraigned in accordance
381with the Florida Rules of Juvenile Procedure within 48 hours
382after the filing of the petition for delinquency.
383     Section 9.  Subsection (1) of section 985.265, Florida
384Statutes, is amended to read:
385     985.265  Detention transfer and release; education; adult
386jails.--
387     (1)  If a child is detained under this part, the department
388may transfer the child from nonsecure or home detention care to
389secure detention care only if significantly changed
390circumstances warrant such transfer. Such circumstances include,
391but are not necessarily limited to:
392     (a)  Where a child is alleged to have absconded from home
393or nonsecure detention care or otherwise violates the terms of
394release after adjudication and commitment but while awaiting
395placement in a residential facility; or
396     (b)  Where probable cause exists that a child has committed
397a new violation of law while on home or nonsecure detention care
398after adjudication and commitment but while awaiting placement
399in a residential facility.
400     Section 10.  Subsection (1) of section 985.27, Florida
401Statutes, is amended to read:
402     985.27  Postcommitment detention while awaiting
403placement.--
404     (1)  The court must place all children who are adjudicated
405and awaiting placement in a commitment program in secure
406detention care, home detention care, or nonsecure detention
407care. Children who are in home detention care or nonsecure
408detention care may be placed on electronic monitoring.
409     (a)  A child who is awaiting placement in a low-risk
410residential program must be removed from detention within 5
411days, excluding Saturdays, Sundays, and legal holidays. Any
412child held in secure detention during the 5 days must meet
413detention admission criteria under this part. A child who is
414placed in home detention care, nonsecure detention care, or home
415or nonsecure detention care with electronic monitoring, while
416awaiting placement in a minimum-risk or low-risk program, may be
417held in secure detention care for 5 days, if the child violates
418the conditions of the home detention care, the nonsecure
419detention care, or the electronic monitoring agreement. For any
420subsequent violation, the court may impose an additional 15 5
421days, excluding Saturdays, Sundays, and legal holidays, in
422secure detention care.
423     (b)1.  A child who is awaiting placement in a moderate-risk
424residential program must be placed in secure detention care,
425home detention care, or nonsecure detention care. Any child held
426in secure detention care must meet detention admission criteria
427under this part.
428     2.  A child may not be held in secure detention care longer
429than 15 days, excluding Saturdays, Sundays, and legal holidays,
430while awaiting placement in a moderate-risk residential
431facility, except that any child shall be held in secure
432detention care until placed in a residential facility if:
433     a.  The child is alleged to have absconded from home
434detention care or nonsecure detention care or otherwise violated
435the terms of release or electronic monitoring; or
436     b.  Probable cause exists that a child committed a new
437violation of law while on home detention care, nonsecure
438detention care, or electronic monitoring and the child is
439awaiting placement in a residential program. A child who is
440awaiting placement in a moderate-risk residential program must
441be removed from detention within 5 days, excluding Saturdays,
442Sundays, and legal holidays. Any child held in secure detention
443during the 5 days must meet detention admission criteria under
444this part. The department may seek an order from the court
445authorizing continued detention for a specific period of time
446necessary for the appropriate residential placement of the
447child. However, such continued detention in secure detention
448care may not exceed 15 days after entry of the commitment order,
449excluding Saturdays, Sundays, and legal holidays, and except as
450otherwise provided in this section. A child who is placed in
451home detention care, nonsecure detention care, or home or
452nonsecure detention care with electronic monitoring, while
453awaiting placement in a moderate-risk program, may be held in
454secure detention care for 5 days, if the child violates the
455conditions of the home detention care, the nonsecure detention
456care, or the electronic monitoring agreement. For any subsequent
457violation, the court may impose an additional 5 days in secure
458detention care.
459     (c)  If the child is committed to a high-risk residential
460program, the child must be held in secure detention care until
461placement or commitment is accomplished.
462     (d)  If the child is committed to a maximum-risk
463residential program, the child must be held in secure detention
464care until placement or commitment is accomplished.
465     Section 11.  Section 985.28, Florida Statutes, is created
466to read:
467     985.28  Appearance in court; preadjudicatory detention;
468contempt.--
469     (1)  A child may be held in secure detention care if, after
470proper notice, the child fails to appear in court because the
471child refuses to appear, runs away, or otherwise intentionally
472avoids his or her appearance. The court may hold the child in
473secure detention care until the trial concludes, regardless of
474the results of the risk assessment instrument.
475     (2)  A parent or legal guardian, after being properly
476noticed, who knowingly and willfully fails to bring or otherwise
477prevents a child from appearing for trial may be held in
478contempt of court.
479     Section 12.  Subsection (1) of section 985.35, Florida
480Statutes, is amended to read:
481     985.35  Adjudicatory hearings; withheld adjudications;
482orders of adjudication.--
483     (1)  The adjudicatory hearing must be held as soon as
484practicable after the petition alleging that a child has
485committed a delinquent act or violation of law is filed and in
486accordance with the Florida Rules of Juvenile Procedure; but
487reasonable delay for the purpose of investigation, discovery, or
488procuring counsel or witnesses shall be granted. If the child is
489being detained, the time limitations in s. 985.26(2) and (3)
490apply.
491     Section 13.  Paragraph (c) of subsection (1) of section
492985.43, Florida Statutes, is amended, and subsection (4) is
493added to that section, to read:
494     985.43  Predisposition reports; other evaluations.--
495     (1)  Upon a finding that the child has committed a
496delinquent act:
497     (c)  A child who was not in secure detention at the time of
498the adjudicatory hearing, but for whom residential commitment is
499anticipated or recommended, may be placed under a special
500detention order, as provided in s. 985.26(6)(5), for the purpose
501of conducting a comprehensive evaluation.
502     (4)  The Legislature finds that the court is in the best
503position to weigh all facts and circumstances to determine
504whether or not to commit a juvenile to the department and to
505determine the most appropriate restrictiveness level for a
506juvenile committed to the department.
507     Section 14.  Paragraphs (a) and (b) of subsection (7) of
508section 985.433, Florida Statutes, are amended to read:
509     985.433  Disposition hearings in delinquency cases.--When a
510child has been found to have committed a delinquent act, the
511following procedures shall be applicable to the disposition of
512the case:
513     (7)  If the court determines that the child should be
514adjudicated as having committed a delinquent act and should be
515committed to the department, such determination shall be in
516writing or on the record of the hearing. The determination shall
517include a specific finding of the reasons for the decision to
518adjudicate and to commit the child to the department, including
519any determination that the child was a member of a criminal
520street gang.
521     (a)  The juvenile probation officer shall make a
522recommendation to the court concerning placement and any
523proposed treatment plan recommend to the court the most
524appropriate placement and treatment plan, specifically
525identifying the restrictiveness level most appropriate for the
526child. If the court has determined that the child was a member
527of a criminal street gang, that determination shall be given
528great weight in identifying the most appropriate restrictiveness
529level for the child. The court shall consider the department's
530recommendation in making its commitment decision.
531     (b)  The court may shall commit the child to the department
532at the restrictiveness level identified by the department, or
533the court may order placement at a different restrictiveness
534level. The court may determine the disposition on the same
535factors as the department considered in the department's
536predisposition report and placement recommendation even if the
537court reaches a different conclusion. The court may commit the
538child to a different restrictiveness level than recommended by
539the department. The court shall state for the record the reasons
540for the disposition imposed that establish by a preponderance of
541the evidence why the court is disregarding the assessment of the
542child and the restrictiveness level recommended by the
543department. Any party may appeal the court's findings resulting
544in a modified level of restrictiveness under this paragraph. The
545department shall maintain data to identify the extent to which
546the courts agree with the department's recommendation.
547     Section 15.  Subsection (2) of section 985.439, Florida
548Statutes, is amended to read:
549     985.439  Violation of probation or postcommitment
550probation.--
551     (2)  A child taken into custody under s. 985.101 for
552violating the conditions of probation or postcommitment
553probation shall be held in a consequence unit if such a unit is
554available or may be detained under part V in a facility other
555than a consequence unit if one is not available. The child shall
556be afforded a hearing within 24 hours after being taken into
557custody to determine the existence of probable cause that the
558child violated the conditions of probation or postcommitment
559probation. A consequence unit is a secure facility specifically
560designated by the department for children who are taken into
561custody under s. 985.101 for violating probation or
562postcommitment probation, or who have been found by the court to
563have violated the conditions of probation or postcommitment
564probation. If the violation involves a new charge of
565delinquency, the child may be detained under part V in a
566facility other than a consequence unit. If the child is not
567eligible for detention for the new charge of delinquency, the
568child may be held in the consequence unit pending a hearing and
569is subject to the time limitations specified in part V.
570     Section 16.  Section 938.20, Florida Statutes, is created
571to read:
572     938.20  County juvenile crime prevention fund.--
573     (1)  Notwithstanding s. 318.121, and in addition to ss.
574938.19 and 939.185, in each county the board of county
575commissioners may adopt a mandatory court cost to be assessed in
576specific cases by incorporating by reference the provisions of
577this section in a county ordinance. Assessments collected by the
578clerk of the circuit court under this section shall be deposited
579into an account specifically for the administration of the
580county's juvenile crime prevention fund. The proceeds of the
581county's juvenile crime prevention fund shall only be used to
582fund local programs whose principal focus is the prevention of
583juvenile crime, the creation of consequence or suspension
584centers, and truancy programs and such other areas of local
585concern relating to juvenile crime.
586     (2)  A sum of up to $50 shall be assessed as a court cost
587in the circuit court in the county against each juvenile who
588pleads guilty or nolo contendere to, or is found guilty of,
589regardless of adjudication, a violation of criminal law or
590municipal or county ordinance.
591     (3)  The assessment for court costs under this section
592shall be assessed in addition to any other cost or fee and may
593not be deducted from the proceeds of any other cost that is
594received by the county.
595     (4)(a)  The clerk of the circuit court shall collect the
596assessments for court costs under this section and shall remit
597the assessments to the county's juvenile crime prevention fund
598monthly.
599     (b)  The clerk of the circuit court shall withhold 3
600percent of the assessments collected, which shall be retained as
601fee income of the office of the clerk of the circuit court.
602     (5)  A county's juvenile crime prevention fund must account
603for all funds received and disbursed under this section in a
604written report to the board of county commissioners of that
605county. The report must be given to the commissioners by August
6061 of each year unless a different date is required by the
607commissioners.
608     (6)  A county's juvenile crime prevention fund may be
609administered by a nonprofit organization, a law enforcement
610agency, the court administrator, the clerk of the circuit court,
611a county agency, or another similar agency authorized by the
612board of county commissioners of that county.
613     Section 17.  Subsection (8) of section 790.22, Florida
614Statutes, is amended to read:
615     790.22  Use of BB guns, air or gas-operated guns, or
616electric weapons or devices by minor under 16; limitation;
617possession of firearms by minor under 18 prohibited;
618penalties.--
619     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
620under 18 years of age is charged with an offense that involves
621the use or possession of a firearm, as defined in s. 790.001,
622including a violation of subsection (3), or is charged for any
623offense during the commission of which the minor possessed a
624firearm, the minor shall be detained in secure detention, unless
625the state attorney authorizes the release of the minor, and
626shall be given a hearing within 24 hours after being taken into
627custody. At the hearing, the court may order that the minor
628continue to be held in secure detention in accordance with the
629applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
630the court finds that the minor meets the criteria specified in
631s. 985.255, or if the court finds by clear and convincing
632evidence that the minor is a clear and present danger to himself
633or herself or the community. The Department of Juvenile Justice
634shall prepare a form for all minors charged under this
635subsection that states the period of detention and the relevant
636demographic information, including, but not limited to, the sex,
637age, and race of the minor; whether or not the minor was
638represented by private counsel or a public defender; the current
639offense; and the minor's complete prior record, including any
640pending cases. The form shall be provided to the judge to be
641considered when determining whether the minor should be
642continued in secure detention under this subsection. An order
643placing a minor in secure detention because the minor is a clear
644and present danger to himself or herself or the community must
645be in writing, must specify the need for detention and the
646benefits derived by the minor or the community by placing the
647minor in secure detention, and must include a copy of the form
648provided by the department. The Department of Juvenile Justice
649must send the form, including a copy of any order, without
650client-identifying information, to the Office of Economic and
651Demographic Research.
652     Section 18.  The Legislature determines and declares that
653this act fulfills an important state interest.
654     Section 19.  This act shall take effect July 1, 2008.


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