Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 700
163700
Senate
Comm: RCS
4/8/2008
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House
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The Committee on Judiciary (Gaetz) recommended the following
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amendment:
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Senate Amendment (with title amendment)
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Delete lines 943-1223
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and insert:
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Section 17. Section 985.664, Florida Statutes, is amended
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to read:
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985.664 Juvenile justice circuit boards and juvenile
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justice county councils.--
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(1) There is authorized a juvenile justice circuit board to
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be established in each of the 20 judicial circuits and a juvenile
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justice county council to be established in each of the 67
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counties. The purpose of each juvenile justice circuit board and
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each juvenile justice county council is to provide advice and
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direction to the department and the Children and Youth Cabinet in
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the development and implementation of juvenile justice programs
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and to work collaboratively with the department in seeking
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program improvements and policy changes to address the emerging
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and changing needs of Florida's youth who are at risk of
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delinquency.
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(2) Each juvenile justice county council shall develop a
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juvenile justice prevention and early intervention plan for the
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county and shall collaborate with the circuit board and other
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county councils assigned to that circuit in the development of a
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comprehensive plan for the circuit. As part of such plan, each
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council and board shall make provision for continual monitoring
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to identify and remedy disproportionate minority contact with the
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juvenile justice system. The Children and Youth Cabinet shall
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consider these local plans in implementing s. 402.56(5).
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(3) Juvenile justice circuit boards and county councils
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shall also participate in facilitating interagency cooperation
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and information sharing with local school authorities, law
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enforcement agencies, state attorneys, public defenders, judicial
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entities, local representatives of the department, the Department
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of Children and Family Services, and faith-based and community-
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based organizations for the purposes of forwarding the goals of
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the county or circuit plan. Such interagency collaborations shall
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specify how the community's entities will cooperate, collaborate,
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and share information to achieve the goals of the juvenile
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justice prevention and early intervention plan or the
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comprehensive plan for the circuit.
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(4) Juvenile justice circuit boards and county councils may
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apply for and receive public or private grants to be administered
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by one of the community partners that support one or more
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components of the county or circuit plan.
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(5) Juvenile justice circuit boards and county councils
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shall advise and assist the department in the evaluation and
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award of prevention and early intervention grant programs,
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including the Community Juvenile Justice Partnership Grant
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program established in s. 985.676 and proceeds from the Invest in
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Children license plate annual use fees.
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(6) Each juvenile justice circuit board shall provide an
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annual report to the department and to the Children and Youth
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Cabinet describing the activities of the circuit board and each
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of the county councils contained within its circuit. Such reports
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must be agreed upon and signed by each acting chair of the board
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and council and submitted to the Children and Youth Cabinet
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through the department secretary or the secretary's designee. The
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department may prescribe a format and content requirements for
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submission of annual reports.
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(7) Membership of the juvenile justice circuit board may
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not exceed 18 members, except as provided in subsections (8) and
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(9). Members must include the state attorney, the public
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defender, and the chief judge of the circuit, or their respective
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designees. The remaining 15 members of the board must be
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appointed by the county councils within that circuit. The board
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where possible must be composed of an equitable number of members
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include at least one representative from each county council
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within the circuit, taking into account differences in
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population. In appointing members to the circuit board, the
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county councils must reflect:
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(a) The circuit's geography and population distribution.
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(b) Juvenile justice partners, including, but not limited
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to, representatives of law enforcement, the school system, and
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the Department of Children and Family Services.
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(c) Diversity in the judicial circuit.
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(d) Representation from residents of the targeted high-
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crime zip code communities as identified by the department and
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based on referral rates within the county.
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(8) At any time after the adoption of initial bylaws
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pursuant to subsection (12), a juvenile justice circuit board may
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revise the bylaws to increase the number of members by not more
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than three in order to adequately reflect the diversity of the
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population and community organizations or agencies in the
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circuit.
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(9) If county councils are not formed within a circuit, the
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circuit board may establish its membership in accordance with
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subsection (10). For juvenile justice circuit boards organized
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pursuant to this subsection, the state attorney, public defender,
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and chief circuit judge, or their respective designees, shall be
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members of the circuit board.
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(10) Membership of the juvenile justice county councils, or
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juvenile justice circuit boards established under subsection (9),
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must include representation from residents of the targeted high-
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crime zip code communities as identified by the department and
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based on referral rates within the county and may also include
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representatives from the following entities:
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(a) Representatives from the school district, which may
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include elected school board officials, the school
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superintendent, school or district administrators, teachers, and
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counselors.
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(b) Representatives of the board of county commissioners.
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(c) Representatives of the governing bodies of local
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municipalities within the county.
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(d) A representative of the corresponding circuit or
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regional entity of the Department of Children and Family
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Services.
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(e) Representatives of local law enforcement agencies,
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including the sheriff or the sheriff's designee.
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(f) Representatives of the judicial system.
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(g) Representatives of the business community.
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(h) Representatives of other interested officials, groups,
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or entities, including, but not limited to, a children's services
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council, public or private providers of juvenile justice programs
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and services, students, parents, and advocates. Private providers
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of juvenile justice programs may not exceed one-third of the
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voting membership.
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(i) Representatives of the faith community.
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(j) Representatives of victim-service programs and victims
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of crimes.
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(k) Representatives of the Department of Corrections.
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(11) Each juvenile justice county council, or juvenile
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justice circuit board established under subsection (9), must
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provide for the establishment of an executive committee of not
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more than 10 members. The duties and authority of the executive
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committee must be addressed in the bylaws.
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(12) Each juvenile justice circuit board and county council
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shall develop bylaws that provide for officers and committees as
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the board or council deems necessary and shall specify the
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qualifications, method of selection, and term for each office
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created. The bylaws shall address at least the following issues:
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process for appointments to the board or council; election or
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appointment of officers; filling of vacant positions; duration of
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member terms; provisions for voting; meeting attendance
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requirements; and the establishment and duties of an executive
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committee, if required under subsection (11).
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(13) The secretary shall meet at least annually,
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individually or collectively, by telephone or in person, with the
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chair of the juvenile justice circuit boards and the Children and
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Youth Cabinet in order to:
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1. Advise juvenile justice circuit board chairs of
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statewide juvenile justice issues and activities.
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2. Provide and receive comments on prevention and
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intervention program budget priorities.
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3. Provide and receive comments on the planning process.
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4. Discuss program development, program implementation,
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quality assurance, and program outcomes.
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(14)(13) Members of juvenile justice circuit boards and
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county councils are subject to the provisions of part III of
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chapter 112.
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(15) Juvenile justice circuit boards and county councils
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shall use due diligence in notifying the community of board
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vacancies through various community outreach outlets such as
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community newspapers, churches, and free public announcements.
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Section 18. Section 985.668, Florida Statutes, is amended
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to read:
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985.668 Innovation zones.--The department shall encourage
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each of the juvenile justice circuit boards, in consultation with
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the juvenile justice county council within the circuit, to
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propose at least one innovation zone within the circuit for the
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purpose of implementing any experimental, pilot, or demonstration
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project that furthers the legislatively established goals of the
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department. An innovation zone is a defined geographic area such
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as a circuit, commitment region, county, municipality, service
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delivery area, school campus, or neighborhood providing a
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laboratory for the research, development, and testing of the
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applicability and efficacy of model programs, policy options, and
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new technologies for the department.
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(1)(a) The juvenile justice circuit board shall submit a
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proposal for an innovation zone to the secretary. If the purpose
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of the proposed innovation zone is to demonstrate that specific
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statutory goals can be achieved more effectively by using
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procedures that require modification of existing rules, policies,
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or procedures, the proposal may request the secretary to waive
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such existing rules, policies, or procedures or to otherwise
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authorize use of alternative procedures or practices. Waivers of
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such existing rules, policies, or procedures must comply with
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applicable state or federal law.
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(b) For innovation zone proposals that the secretary
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determines require changes to state law, the secretary may submit
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a request for a waiver from such laws, together with any proposed
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changes to state law, to the chairs of the appropriate
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legislative committees for consideration.
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(c) For innovation zone proposals that the secretary
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determines require waiver of federal law, the secretary may
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submit a request for such waivers to the applicable federal
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agency.
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(2) An innovation zone project may not have a duration of
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more than 2 years, but the secretary may grant an extension.
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(3) Before implementing an innovation zone under this
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subsection, the secretary shall, in conjunction with the Office
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of Program Policy Analysis and Government Accountability, develop
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measurable and valid objectives for such zone within a negotiated
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reasonable period of time. Moneys designated for an innovation
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zone in one operating circuit may not be used to fund an
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innovation zone in another operating circuit.
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(4) Program models for innovation zone projects include,
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but are not limited to:
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(a) A forestry alternative work program that provides
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selected juvenile offenders an opportunity to serve in a forestry
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work program as an alternative to incarceration, in which
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offenders assist in wildland firefighting, enhancement of state
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land management, environmental enhancement, and land restoration.
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(b) A collaborative public/private dropout prevention
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partnership that trains personnel from both the public and
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private sectors of a target community who are identified and
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brought into the school system as an additional resource for
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addressing problems which inhibit and retard learning, including
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abuse, neglect, financial instability, pregnancy, and substance
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abuse.
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(c) A support services program that provides economically
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disadvantaged youth with support services, jobs, training,
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counseling, mentoring, and prepaid postsecondary tuition
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scholarships.
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(d) A juvenile offender job training program that offers an
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opportunity for juvenile offenders to develop educational and job
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skills in a 12-month to 18-month nonresidential training program,
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teaching the offenders skills such as computer-aided design,
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modular panel construction, and heavy vehicle repair and
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maintenance which will readily transfer to the private sector,
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thereby promoting responsibility and productivity.
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(e) An infant mortality prevention program that is designed
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to discourage unhealthy behaviors such as smoking and alcohol or
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drug consumption, reduce the incidence of babies born prematurely
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or with low birth weight, reduce health care cost by enabling
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babies to be safely discharged earlier from the hospital, reduce
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the incidence of child abuse and neglect, and improve parenting
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and problem-solving skills.
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(f) A regional crime prevention and intervention program
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that serves as an umbrella agency to coordinate and replicate
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existing services to at-risk children, first-time juvenile
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offenders, youth crime victims, and school dropouts.
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(g) An alternative education outreach school program that
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serves delinquent repeat offenders between 14 and 18 years of age
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who have demonstrated failure in school and who are referred by
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the juvenile court.
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(h) A drug treatment and prevention program that provides
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early identification of children with alcohol or drug problems to
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facilitate treatment, comprehensive screening and assessment,
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family involvement, and placement options.
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(i) A community resource mother or father program that
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emphasizes parental responsibility for the behavior of children,
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and requires the availability of counseling services for children
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at high risk for delinquent behavior.
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Section 19. Paragraph (a) of subsection (2) and subsection
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(3) of section 985.676, Florida Statutes, are amended to read:
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985.676 Community juvenile justice partnership grants.--
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(2) GRANT APPLICATION PROCEDURES.--
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(a) Each entity wishing to apply for an annual community
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juvenile justice partnership grant, which may be renewed for a
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maximum of 2 additional years for the same provision of services,
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shall submit a grant proposal for funding or continued funding to
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the department. The department shall establish the grant
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application procedures. In order to be considered for funding,
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the grant proposal shall include the following assurances and
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information:
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1. A letter from the chair of the juvenile justice circuit
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board confirming that the grant application has been reviewed and
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found to support one or more purposes or goals of the juvenile
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justice plan as developed by the board.
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2. A rationale and description of the program and the
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services to be provided, including goals and objectives.
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3. A method for identification of the juveniles most likely
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to be involved in the juvenile justice system who will be the
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focus of the program.
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4. Provisions for the participation of parents and
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guardians in the program.
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5. Coordination with other community-based and social
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service prevention efforts, including, but not limited to, drug
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and alcohol abuse prevention and dropout prevention programs,
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that serve the target population or neighborhood.
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6. An evaluation component to measure the effectiveness of
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the program in accordance with s. 985.632.
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7. A program budget, including the amount and sources of
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local cash and in-kind resources committed to the budget. The
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proposal must establish to the satisfaction of the department
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that the entity will make a cash or in-kind contribution to the
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program of a value that is at least equal to 20 percent of the
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amount of the grant.
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8. The necessary program staff.
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(b) The department shall consider the following in awarding
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such grants:
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1. The recommendations of the juvenile justice county
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council as to the priority that should be given to proposals
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submitted by entities within a county.
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2. The recommendations of the juvenile justice circuit
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board as to the priority that should be given to proposals
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submitted by entities within a circuit.
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As the first priority, the department shall fund applications
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that meet the requirements of this section and also fulfill the
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local juvenile justice circuit board and county council plans.
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(3) RESTRICTIONS.--This section does not prevent a program
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initiated under a community juvenile justice partnership grant
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established pursuant to this section from continuing to operate
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beyond the 3-year maximum funding period if it can find other
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funding sources. Likewise, This section does not restrict the
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number of programs an entity may apply for or operate.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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On line 46, after the semicolon,
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insert:
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requiring that juvenile justice circuit boards and county
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councils participate in facilitating interagency
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cooperation and information sharing with certain entities;
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requiring that such collaborations specify certain
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information; providing requirements for the annual reports
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required to be submitted by each juvenile justice circuit
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board;
4/8/2008 7:57:00 AM 4-06771-08
CODING: Words stricken are deletions; words underlined are additions.