Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 700

163700

CHAMBER ACTION

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.