Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 700

841552

CHAMBER ACTION

Senate

Comm: RCS

3/25/2008

House

The Committee on Criminal Justice (Crist) recommended the

following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Paragraph (b) of subsection (3) of section

29.008, Florida Statutes, is amended to read:

29.008 County funding of court-related functions.--

(3) The following shall be considered a local requirement

pursuant to subparagraph (2)(a)1.:

(b) Alternative sanctions coordinators pursuant to s.

985.0375 ss. 984.09 and 985.037.

Section 2. Paragraph (c) of subsection (4) of section

790.22, Florida Statutes, is amended to read:

790.22 Use of BB guns, air or gas-operated guns, or

electric weapons or devices by minor under 16; limitation;

possession of firearms by minor under 18 prohibited; penalties.--

(4)

county councils or the Department of Juvenile Justice shall

establish appropriate community service programs to be available

as provided in s. 985.0375 to the alternative sanctions

coordinators of the circuit courts in implementing this

subsection. The boards or councils or department shall propose

the implementation of a community service program in each

circuit, and may submit a circuit plan, to be implemented upon

approval of the circuit alternative sanctions coordinator.

Section 3. Paragraph (a) of subsection (1) of section

939.185, Florida Statutes, is amended to read:

939.185 Assessment of additional court costs and

surcharges.--

(1)(a) The board of county commissioners may adopt by

ordinance an additional court cost, not to exceed $65, to be

imposed by the court when a person pleads guilty or nolo

contendere to, or is found guilty of, or adjudicated delinquent

for, any felony, misdemeanor, delinquent act, or criminal traffic

offense under the laws of this state. Such additional assessment

shall be accounted for separately by the county in which the

offense occurred and be used only in the county imposing this

cost, to be allocated as follows:

1. Twenty-five percent of the amount collected shall be

allocated to fund innovations to supplement state funding for the

elements of the state courts system identified in s. 29.004 and

county funding for local requirements under s. 29.008(2)(a)2.

2. Twenty-five percent of the amount collected shall be

allocated to assist counties in providing legal aid programs

required under s. 29.008(3)(a).

3. Twenty-five percent of the amount collected shall be

allocated to fund personnel and legal materials for the public as

part of a law library.

4. Twenty-five percent of the amount collected shall be

used as determined by the board of county commissioners to

support teen court programs, except as provided in s. 938.19(7),

juvenile assessment centers, and other juvenile alternative

programs that include diversion options for first time

misdemeanant youth or youth age 10 or younger.

Each county receiving funds under this section shall report the

amount of funds collected pursuant to this section and an

itemized list of expenditures for all authorized programs and

activities. The report shall be submitted in a format developed

by the Supreme Court to the Governor, the Chief Financial

Officer, the President of the Senate, and the Speaker of the

House of Representatives on a quarterly basis beginning with the

quarter ending September 30, 2004. Quarterly reports shall be

submitted no later than 30 days after the end of the quarter. Any

unspent funds at the close of the county fiscal year allocated

under subparagraphs 2., 3., and 4., shall be transferred for use

pursuant to subparagraph 1.

Section 4. Section 984.05, Florida Statutes, is amended to

read:

984.05 Rules relating to habitual truants; adoption by

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

Department of Juvenile Justice and the State Board of Education

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

as necessary for administering the implementation of ss.

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

Section 5. Section 984.09, Florida Statutes, is amended to

read:

984.09 Punishment for contempt of court; alternative

sanctions.--

(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.-Except as

otherwise provided in this section, the court may punish any

child for contempt for interfering with the court or with court

administration, or for violating any provision of this chapter or

order of the court relative thereto as provided in s. 985.037. It

is the intent of the Legislature that the court restrict and

limit the use of contempt powers with respect to commitment of a

child to a secure facility. A child who commits direct contempt

of court or indirect contempt of a valid court order may be taken

into custody and ordered to serve an alternative sanction or

placed in a secure facility, as authorized in this section, by

order of the court.

(2) PLACEMENT IN A SECURE FACILITY.-

(a) A child may be placed in a secure facility as provided

in s. 985.037(2) for purposes of punishment for contempt of court

if alternative sanctions are unavailable or inappropriate, or if

the child has already been ordered to serve an alternative

100

sanction but failed to comply with the sanction.

101

(a) A delinquent child who has been held in direct or

102

indirect contempt may be placed in a secure detention facility

103

for 5 days for a first offense or 15 days for a second or

104

subsequent offense, or in a secure residential commitment

105

facility.

106

(b) A child in need of services who has been held in direct

107

contempt or indirect contempt may be placed, for 5 days for a

108

first offense or 15 days for a second or subsequent offense, in a

109

staff-secure shelter or a staff-secure residential facility

110

solely for children in need of services if such placement is

111

available, or, if such placement is not available, the child may

112

be placed in an appropriate mental health facility or substance

113

abuse facility for assessment. In addition to disposition under

114

this paragraph, a child in need of services who is held in direct

115

contempt or indirect contempt may be placed in a physically

116

secure setting as provided under s. 984.226 if conditions of

117

eligibility are met.

118

(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall

119

have an alternative sanctions coordinator who shall serve under

120

the chief administrative judge of the juvenile division of the

121

circuit court, and who shall coordinate and maintain a spectrum

122

of contempt sanction alternatives in conjunction with the circuit

123

plan implemented in accordance with s. 790.22(4)(c). Upon

124

determining that a child has committed direct contempt of court

125

or indirect contempt of a valid court order, the court may

126

immediately request the alternative sanctions coordinator to

127

recommend the most appropriate available alternative sanction and

128

shall order the child to perform up to 50 hours of community-

129

service manual labor or a similar alternative sanction, unless an

130

alternative sanction is unavailable or inappropriate, or unless

131

the child has failed to comply with a prior alternative sanction.

132

Alternative contempt sanctions may be provided by local industry

133

or by any nonprofit organization or any public or private

134

business or service entity that has entered into a contract with

135

the Department of Juvenile Justice to act as an agent of the

136

state to provide voluntary supervision of children on behalf of

137

the state in exchange for the manual labor of children and

138

limited immunity in accordance with s. 768.28(11).

139

(3)(4) CHILDREN IN NEED OF SERVICES CONTEMPT OF COURT

140

SANCTIONS; PROCEDURE AND DUE PROCESS.--

141

(a) If a child is charged with direct contempt of court,

142

including traffic court, the court may impose an authorized

143

sanction immediately.

144

(b) If a child is charged with indirect contempt of court,

145

the court must hold a hearing within 24 hours to determine

146

whether the child committed indirect contempt of a valid court

147

order. At the hearing, the following due process rights must be

148

provided to the child:

149

1. Right to a copy of the order to show cause alleging

150

facts supporting the contempt charge.

151

2. Right to an explanation of the nature and the

152

consequences of the proceedings.

153

3. Right to legal counsel and the right to have legal

154

counsel appointed by the court if the juvenile is indigent,

155

pursuant to s. 985.033.

156

4. Right to confront witnesses.

157

5. Right to present witnesses.

158

6. Right to have a transcript or record of the proceeding.

159

7. Right to appeal to an appropriate court.

160

161

The child's parent or guardian may address the court regarding

162

the due process rights of the child. The court shall review the

163

placement of the child every 72 hours to determine whether it is

164

appropriate for the child to remain in the facility.

165

166

secure facility for punishment for contempt unless the court

167

determines that an alternative sanction is inappropriate or

168

unavailable or that the child was initially ordered to an

169

alternative sanction and did not comply with the alternative

170

sanction. The court is encouraged to order a child to perform

171

community service, up to the maximum number of hours, where

172

appropriate before ordering that the child be placed in a secure

173

facility as punishment for contempt of court.

174

(d) In addition to any other sanction imposed under s.

175

985.037 this section, the court may direct the Department of

176

Highway Safety and Motor Vehicles to withhold issuance of, or

177

suspend, a child's driver's license or driving privilege. The

178

court may order that a child's driver's license or driving

179

privilege be withheld or suspended for up to 1 year for a first

180

offense of contempt and up to 2 years for a second or subsequent

181

offense. If the child's driver's license or driving privilege is

182

suspended or revoked for any reason at the time the sanction for

183

contempt is imposed, the court shall extend the period of

184

suspension or revocation by the additional period ordered under

185

this paragraph. If the child's driver's license is being withheld

186

at the time the sanction for contempt is imposed, the period of

187

suspension or revocation ordered under this paragraph shall begin

188

on the date on which the child is otherwise eligible to drive.

189

for a child in need of services whose driver's license or driving

190

privilege is suspended under that section this paragraph, the

191

court may direct the Department of Highway Safety and Motor

192

Vehicles to issue the child a license for driving privileges

193

restricted to business or employment purposes only, as defined in

194

s. 322.271, or for the purpose of completing court-ordered

195

community service, if the child is otherwise qualified for a

196

license. However, the department may not issue a restricted

197

license unless specifically ordered to do so by the court.

198

(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created

199

the position of alternative sanctions coordinator within each

200

judicial circuit, pursuant to subsection (3). Each alternative

201

sanctions coordinator shall serve under the direction of the

202

chief administrative judge of the juvenile division as directed

203

by the chief judge of the circuit. The alternative sanctions

204

coordinator shall act as the liaison between the judiciary, local

205

department officials, district school board employees, and local

206

law enforcement agencies. The alternative sanctions coordinator

207

shall coordinate within the circuit community-based alternative

208

sanctions, including nonsecure detention programs, community

209

service projects, and other juvenile sanctions, in conjunction

210

with the circuit plan implemented in accordance with s.

211

790.22(4)(c).

212

Section 6. Subsection (3) of section 985.02, Florida

213

Statutes, is amended to read:

214

985.02 Legislative intent for the juvenile justice

215

system.--

216

(3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.--It is the

217

policy of the state with respect to juvenile justice and

218

delinquency prevention to first protect the public from acts of

219

delinquency. In addition, it is the policy of the state to:

220

(a) Develop and implement effective methods of preventing

221

and reducing acts of delinquency, with a focus on maintaining and

222

strengthening the family as a whole so that children may remain

223

in their homes or communities.

224

(b) Develop and implement effective programs to prevent

225

delinquency, to divert children from the traditional juvenile

226

justice system, to intervene at an early stage of delinquency,

227

and to provide critically needed alternatives to

228

institutionalization and deep-end commitment.

229

230

and cost-effective programs within the juvenile justice system.

231

(d) Increase the capacity of local governments and public

232

and private agencies to conduct rehabilitative treatment programs

233

and to provide research, evaluation, and training services in the

234

field of juvenile delinquency prevention.

235

(e) Encourage and promote diversion options when

236

appropriate, especially for first time misdemeanant youth or

237

youth age 10 or younger.

238

239

The Legislature intends that detention care, in addition to

240

providing secure and safe custody, will promote the health and

241

well-being of the children committed thereto and provide an

242

environment that fosters their social, emotional, intellectual,

243

and physical development.

244

Section 7. Subsections (39) through (57) of section 985.03,

245

Florida Statutes, are redesignated as subsections (40) through

246

(58), respectively, and a new subsection (38) is added to that

247

section, to read:

248

985.03 Definitions.--As used in this chapter, the term:

249

(38) "Ordinary medical care" means medical procedures which

250

are administered or performed on a routine basis and include, but

251

are not limited to, inoculations, physical examinations, remedial

252

treatment for minor illnesses and injuries, preventive services,

253

medication management, chronic disease management and other

254

medical procedures which are administered or performed on a

255

routine basis and which do not involve hospitalization, surgery,

256

or use of general anesthesia.

257

Section 8. Subsections (1), (2), and (4) of section

258

985.037, Florida Statutes, are amended, and subsections (3) and

259

(5) of that section are redesignated as subsections (1) and (2)

260

of section 985.0375, Florida Statutes, and amended to read:

261

985.037 Punishment for contempt of court; alternative

262

sanctions.--

263

(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court may

264

punish any child for contempt for interfering with the court or

265

with court administration, or for violating any provision of this

266

chapter or order of the court relative thereto. It is the intent

267

of the Legislature that the court restrict and limit the use of

268

contempt powers with respect to commitment of a child to a secure

269

facility. A child who commits direct contempt of court or

270

indirect contempt of a valid court order may be taken into

271

custody and ordered to serve an alternative sanction or placed in

272

a secure facility, as authorized in this section, by order of the

273

court.

274

(2) PLACEMENT IN A SECURE FACILITY.--A child may be placed

275

in a secure facility for purposes of punishment for contempt of

276

court if alternative sanctions are unavailable or inappropriate,

277

or if the child has already been ordered to serve an alternative

278

sanction but failed to comply with the sanction. A delinquent

279

child who has been held in direct or indirect contempt may be

280

placed in a secure detention facility not to exceed 5 days for a

281

first offense and not to exceed 15 days for a second or

282

subsequent offense.

283

(3)(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE

284

PROCESS.--

285

(a) If a child is charged with direct contempt of court,

286

including traffic court, the court may impose an authorized

287

sanction immediately.

288

(b) If a child is charged with indirect contempt of court,

289

the court must hold a hearing within 24 hours to determine

290

whether the child committed indirect contempt of a valid court

291

order. At the hearing, the following due process rights must be

292

provided to the child:

293

1. Right to a copy of the order to show cause alleging

294

facts supporting the contempt charge.

295

2. Right to an explanation of the nature and the

296

consequences of the proceedings.

297

3. Right to legal counsel and the right to have legal

298

counsel appointed by the court if the juvenile is indigent, under

299

s. 985.033.

300

4. Right to confront witnesses.

301

5. Right to present witnesses.

302

6. Right to have a transcript or record of the proceeding.

303

7. Right to appeal to an appropriate court.

304

305

The child's parent or guardian may address the court regarding

306

the due process rights of the child. The court shall review the

307

placement of the child every 72 hours to determine whether it is

308

appropriate for the child to remain in the facility.

309

310

secure facility for punishment for contempt unless the court

311

determines that an alternative sanction is inappropriate or

312

unavailable or that the child was initially ordered to an

313

alternative sanction and did not comply with the alternative

314

sanction. The court is encouraged to order a child to perform

315

community service, up to the maximum number of hours, where

316

appropriate before ordering that the child be placed in a secure

317

facility as punishment for contempt of court.

318

(d) In addition to any other sanction imposed under this

319

section, the court may direct the Department of Highway Safety

320

and Motor Vehicles to withhold issuance of, or suspend, a child's

321

driver's license or driving privilege. The court may order that a

322

child's driver's license or driving privilege be withheld or

323

suspended for up to 1 year for a first offense of contempt and up

324

to 2 years for a second or subsequent offense. If the child's

325

driver's license or driving privilege is suspended or revoked for

326

any reason at the time the sanction for contempt is imposed, the

327

court shall extend the period of suspension or revocation by the

328

additional period ordered under this paragraph. If the child's

329

driver's license is being withheld at the time the sanction for

330

contempt is imposed, the period of suspension or revocation

331

ordered under this paragraph shall begin on the date on which the

332

child is otherwise eligible to drive.

333

334

985.0375 Alternative sanctions.--

335

(1)(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall

336

have an alternative sanctions coordinator who shall serve under

337

the chief administrative judge of the juvenile division of the

338

circuit court, and who shall coordinate and maintain a spectrum

339

of contempt sanction alternatives in conjunction with the circuit

340

plan implemented in accordance with s. 790.22(4)(c). Upon

341

determining that a child has committed direct contempt of court

342

or indirect contempt of a valid court order, the court may

343

immediately request the alternative sanctions coordinator to

344

recommend the most appropriate available alternative sanction and

345

shall order the child to perform up to 50 hours of community-

346

service manual labor or a similar alternative sanction, unless an

347

alternative sanction is unavailable or inappropriate, or unless

348

the child has failed to comply with a prior alternative sanction.

349

Alternative contempt sanctions may be provided by local industry

350

or by any nonprofit organization or any public or private

351

business or service entity that has entered into a contract with

352

the department of Juvenile Justice to act as an agent of the

353

state to provide voluntary supervision of children on behalf of

354

the state in exchange for the manual labor of children and

355

limited immunity in accordance with s. 768.28(11).

356

(2)(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created

357

the position of alternative sanctions coordinator within each

358

judicial circuit, pursuant to subsection (1)(3). Each alternative

359

sanctions coordinator shall serve under the direction of the

360

chief administrative judge of the juvenile division as directed

361

by the chief judge of the circuit. The alternative sanctions

362

coordinator shall act as the liaison between the judiciary, local

363

department officials, district school board employees, and local

364

law enforcement agencies. The alternative sanctions coordinator

365

shall coordinate within the circuit community-based alternative

366

sanctions, including nonsecure detention programs, community

367

service projects, and other juvenile sanctions, to implement s.

368

790.22(4) in conjunction with the circuit plan implemented in

369

accordance with s. 790.22(4)(c).

370

Section 9. Subsections (1) and (7) of section 985.04,

371

Florida Statutes, are amended to read:

372

985.04 Oaths; records; confidential information.--

373

(1) Except as provided in subsections (2), (3), (6), and

374

(7) and s. 943.053, all information obtained under this chapter

375

in the discharge of official duty by any judge, any employee of

376

the court, any authorized agent of the department, the Parole

377

Commission, the Department of Corrections, the juvenile justice

378

circuit boards, any law enforcement agent, or any licensed

379

professional or licensed community agency representative

380

participating in the assessment or treatment of a juvenile is

381

confidential and may be disclosed only to the authorized

382

personnel of the court, the department and its designees, the

383

Department of Corrections, the Department of Children and

384

Families, the Parole Commission, law enforcement agents, school

385

superintendents and their designees, any licensed professional or

386

licensed community agency representative participating in the

387

assessment or treatment of a juvenile, and others entitled under

388

this chapter to receive that information, or upon order of the

389

court. Within each county, the sheriff, the chiefs of police, the

390

district school superintendent, and the department shall enter

391

into an interagency agreement for the purpose of sharing

392

information about juvenile offenders among all parties. The

393

agreement must specify the conditions under which summary

394

criminal history information is to be made available to

395

appropriate school personnel, and the conditions under which

396

school records are to be made available to appropriate department

397

personnel. Such agreement shall require notification to any

398

classroom teacher of assignment to the teacher's classroom of a

399

juvenile who has been placed in a probation or commitment program

400

for a felony offense. The agencies entering into such agreement

401

must comply with s. 943.0525, and must maintain the

402

confidentiality of information that is otherwise exempt from s.

403

119.07(1), as provided by law.

404

(7)(a) Records in the custody of the department regarding

405

children are not open to inspection by the public. Such records

406

may be inspected only upon order of the Secretary of Juvenile

407

Justice or his or her authorized agent by persons who have

408

sufficient reason and upon such conditions for their use and

409

disposition as the secretary or his or her authorized agent deems

410

proper. The information in such records may be disclosed only to

411

other employees of the department who have a need therefor in

412

order to perform their official duties; to other persons as

413

authorized by rule of the department; and, upon request, to the

414

Department of Corrections and the Department of Children and

415

Families. The secretary or his or her authorized agent may permit

416

properly qualified persons to inspect and make abstracts from

417

records for statistical purposes under whatever conditions upon

418

their use and disposition the secretary or his or her authorized

419

agent deems proper, provided adequate assurances are given that

420

children's names and other identifying information will not be

421

disclosed by the applicant.

422

(b) The destruction of records pertaining to children

423

committed to or supervised by the department pursuant to a court

424

order, which records are retained until a child reaches the age

425

of 24 years or until a serious or habitual delinquent child

426

reaches the age of 26 years, shall be subject to chapter 943.

427

Section 10. Subsection (2) of section 985.245, Florida

428

Statutes, is amended to read:

429

985.245 Risk assessment instrument.--

430

(2)(a) The risk assessment instrument for detention care

431

placement determinations and court orders shall be developed by

432

the department in consultation agreement with a committee

433

composed of two representatives appointed by the following

434

associations: the Conference of Circuit Judges of Florida, the

435

Prosecuting Attorneys Association, the Public Defenders

436

Association, the Florida Sheriffs Association, and the Florida

437

Association of Chiefs of Police. Each association shall appoint

438

two individuals, one representing an urban area and one

439

representing a rural area. In addition, the committee shall

440

include two representatives from child advocacy organizations,

441

and two recognized child mental health experts, appointed by the

442

department. The parties involved shall evaluate and revise the

443

risk assessment instrument as is considered necessary using the

444

method for revision as agreed by the parties. The risk assessment

445

instrument shall be evaluated to determine if the instrument

446

contributes to disproportionate minority contact.

447

(b) The risk assessment instrument shall take into

448

consideration, but need not be limited to, prior history of

449

failure to appear, prior offenses, prior history of residential

450

delinquency commitments, offenses committed pending adjudication,

451

any unlawful possession of a firearm, theft of a motor vehicle or

452

possession of a stolen motor vehicle, and probation status at the

453

time the child is taken into custody. The risk assessment

454

instrument shall also take into consideration appropriate

455

aggravating and mitigating circumstances, and shall be designed

456

to target a narrower population of children than s. 985.255. The

457

risk assessment instrument shall also include any information

458

concerning the child's history of abuse and neglect. The risk

459

assessment shall indicate whether detention care is warranted,

460

and, if detention care is warranted, whether the child should be

461

placed into secure, nonsecure, or home detention care.

462

463

care placement determinations and court orders shall be validated

464

not later than December 31, 2008, and periodically evaluated

465

thereafter for continued validity.

466

Section 11. Paragraph (b) of subsection (5) of section

467

985.265, Florida Statutes, is amended to read:

468

985.265 Detention transfer and release; education; adult

469

jails.--

470

(5) The court shall order the delivery of a child to a jail

471

or other facility intended or used for the detention of adults:

472

(b) When a child taken into custody in this state is wanted

473

by another jurisdiction for prosecution as an adult.

474

475

The child shall be housed separately from adult inmates to

476

prohibit a child from having regular contact with incarcerated

477

adults, including trustees. "Regular contact" means sight and

478

sound contact. Separation of children from adults shall permit no

479

more than haphazard or accidental contact. The receiving jail or

480

other facility shall contain a separate section for children and

481

shall have an adequate staff to supervise and monitor the child's

482

activities at all times. Supervision and monitoring of children

483

includes physical observation and documented checks by jail or

484

receiving facility supervisory personnel at intervals not to

485

exceed 15 minutes, except in direct supervision housing with 24-

486

hour supervision. This subsection does not prohibit placing two

487

or more children in the same cell. Under no circumstances shall a

488

child be placed in the same cell with an adult.

489

Section 12. Subsection (2) is amended, and a new paragraph

490

(e) is added to subsection (3) of section 985.601, Florida

491

Statutes, to read:

492

985.601 Administering the juvenile justice continuum.--

493

(2)(a) The department shall develop and implement an

494

appropriate continuum of care that provides individualized,

495

multidisciplinary assessments, objective evaluations of relative

496

risks, and the matching of needs with placements for all children

497

under its care, and that uses a system of case management to

498

facilitate each child being appropriately assessed, provided with

499

services, and placed in a program that meets the child's needs.

500

(b) As part of the continuum of services, the department

501

shall adopt rules establishing procedures to provide ordinary

502

medical care, mental health, substance abuse, and developmental

503

disabilities services to youth within the juvenile justice

504

continuum as defined in s. 985.03.

505

506

The department shall coordinate such rulemaking with other

507

affected agencies to avoid duplication, conflict, or

508

inconsistency.

509

(3)(a) The department shall develop or contract for

510

diversified and innovative programs to provide rehabilitative

511

treatment, including early intervention and prevention,

512

diversion, comprehensive intake, case management, diagnostic and

513

classification assessments, individual and family counseling,

514

shelter care, diversified detention care emphasizing alternatives

515

to secure detention, diversified probation, halfway houses,

516

foster homes, community-based substance abuse treatment services,

517

community-based mental health treatment services, community-based

518

residential and nonresidential programs, environmental programs,

519

and programs for serious or habitual juvenile offenders. Each

520

program shall place particular emphasis on reintegration and

521

conditional release for all children in the program.

522

(b) The Legislature intends that, whenever possible and

523

reasonable, the department make every effort to consider

524

qualified faith-based organizations on an equal basis with other

525

private organizations when selecting contract providers of

526

services to juveniles.

527

528

organizations on the same basis as any other nongovernmental

529

providers, without impairing the religious character of such

530

organizations. Any faith-based organization may act as a

531

contractor in the delivery of services under any program, on the

532

same basis as any other nongovernmental provider, without

533

impairing the religious character of such organization. A faith-

534

based organization, which has entered into a contract with the

535

department, shall retain its independence from state and local

536

governments with regard to control over the definition,

537

development, practice, and expression of its religious beliefs.

538

The department shall not require a faith-based organization to

539

alter its form of internal government or remove religious art,

540

icons, scripture, or other symbols in order to be eligible to

541

contract as a provider.

542

(d) The department may include in any services contract a

543

requirement that providers prepare plans describing their

544

implementation of paragraphs (a) and (c). A failure to deliver

545

such plans, if required, may be considered by the department as a

546

breach of the contract that may result in cancellation of the

547

contract.

548

(e) In order to be eligible to participate in the state-

549

funded Intensive Delinquency Diversion Services program, counties

550

with non-state funded delinquency programs for youth must include

551

diversion options for first time misdemeanant youth or youth age

552

10 or younger, unless otherwise prohibited.

553

Section 13. Section 985.606, Florida Statutes, is amended

554

to read:

555

985.606 Prevention services providers; outcome performance

556

data collection; reporting.--Each state agency or entity that

557

receives or uses state appropriations to fund programs, grants,

558

appropriations, or activities that are designed to prevent

559

juvenile crime, delinquency, gang membership, status offenses, or

560

that are designed to prevent a child from becoming a "child in

561

need of services," as defined in chapter 984, shall collect data

562

relative to the outcomes related to performance of such

563

activities and shall provide said data to the Governor, the

564

President of the Senate, and the Speaker of the House no later

565

than January 31st of each year for the preceding fiscal year.

566

Section 14. Subsection (8) is added to section 985.632,

567

Florida Statutes, to read:

568

985.632 Quality assurance and cost-effectiveness; outcome-

569

based contracting.--

570

(8) To create an accountable juvenile justice system that

571

is outcome-based, the department is authorized to conduct a

572

demonstration project utilizing outcome performance-based

573

contracts. During fiscal year 2008-09, the department shall

574

develop, in consultation with the Department of Financial

575

Services and a provider organization with multiple sites, an

576

implementation plan for outcome-based contracting. Such a plan

577

shall include interim and long-term outcome performance measures,

578

strategies for using financial incentives and disincentives to

579

increase provider performance, a plan to shift oversight and

580

monitoring of providers from a compliance-based approach to a

581

more outcome-based approach, and recommendations of needed

582

legislative action to implement. This plan shall be submitted to

583

the Executive Office of the Governor, the Speaker of the House,

584

and the President of the Senate no later than March 1, 2009.

585

Section 15. Section 985.644, Florida Statutes, is amended

586

to read:

587

985.644 Departmental contracting powers; personnel

588

standards and screening.--

589

(1) The department of Juvenile Justice or the Department of

590

Children and Family Services, as appropriate, may contract with

591

the Federal Government, other state departments and agencies,

592

county and municipal governments and agencies, public and private

593

agencies, and private individuals and corporations in carrying

594

out the purposes of, and the responsibilities established in,

595

this chapter.

596

(a) When the department of Juvenile Justice or the

597

Department of Children and Family Services contracts with a

598

provider for any program for children, all personnel, including

599

owners, operators, employees, and volunteers, in the facility

600

must be of good moral character. Each contract entered into by

601

the either department for services delivered on an appointment or

602

intermittent basis by a provider that does not have regular

603

custodial responsibility for children and each contract with a

604

school for before or aftercare services must ensure that the

605

owners, operators, and all personnel who have direct contact with

606

children are of good moral character. A volunteer who assists on

607

an intermittent basis for less than 40 hours per month need not

608

be screened if the volunteer is under direct and constant

609

supervision by persons who meet the screening requirements.

610

(b) The department of Juvenile Justice and the Department

611

of Children and Family Services shall require employment

612

screening pursuant to chapter 435, using the level 2 standards

613

set forth in that chapter for personnel in programs for children

614

or youths.

615

616

Children and Family Services may grant exemptions from

617

disqualification from working with children as provided in s.

618

435.07.

619

(2) The department may contract with the Federal

620

Government, other state departments and agencies, county and

621

municipal governments and agencies, public and private agencies,

622

and private individuals and corporations in carrying out the

623

purposes and the responsibilities of the delinquency services and

624

programs of the department.

625

(2)(3) The department shall adopt a rule pursuant to

626

chapter 120 establishing a procedure to provide notice of policy

627

changes that affect contracted delinquency services and programs.

628

A policy is defined as an operational requirement that applies to

629

only the specified contracted delinquency service or program. The

630

procedure must shall include:

631

(a) Public notice of policy development.

632

(b) Opportunity for public comment on the proposed policy.

633

634

providers.

635

(d) The department's response to comments received.

636

(4) When the department contracts with a provider for any

637

delinquency service or program, all personnel, including all

638

owners, operators, employees, and volunteers in the facility or

639

providing the service or program shall be of good moral

640

character. A volunteer who assists on an intermittent basis for

641

less than 40 hours per month is not required to be screened if

642

the volunteer is under direct and constant supervision by persons

643

who meet the screening requirements.

644

(3)(5)(a) For any person employed by the department, or by

645

a provider under contract with the department, in delinquency

646

facilities, services, or programs, the department shall require:

647

1. A level 2 employment screening pursuant to chapter 435

648

prior to employment.

649

2. A federal criminal records check by the Federal Bureau

650

of Investigation every 5 years following the date of the person's

651

employment.

652

(b) Except for law enforcement, correctional, and

653

correctional probation officers, to whom s. 943.13(5) applies,

654

the department shall electronically submit to the Department of

655

Law Enforcement:

656

1. Fingerprint information obtained during the employment

657

screening required by subparagraph (a)1.

658

2. Beginning on December 15, 2005, fingerprint information

659

for all persons employed by the department, or by a provider

660

under contract with the department, in delinquency facilities,

661

services, or programs if such fingerprint information has not

662

previously been electronically submitted to the Department of Law

663

Enforcement under this paragraph.

664

665

the Department of Law Enforcement under paragraph (b) shall be

666

retained by the Department of Law Enforcement and entered into

667

the statewide automated fingerprint identification system

668

authorized by s. 943.05(2)(b). Thereafter, such fingerprint

669

information shall be available for all purposes and uses

670

authorized for arrest fingerprint information entered into the

671

statewide automated fingerprint identification system pursuant to

672

s. 943.051 until the fingerprint information is removed under

673

pursuant to paragraph (e). The Department of Law Enforcement

674

shall search all arrest fingerprint information received pursuant

675

to s. 943.051 against the fingerprint information entered into

676

the statewide automated fingerprint system under pursuant to this

677

subsection. Any arrest records identified as a result of the

678

search shall be reported to the department in the manner and

679

timeframe established by the Department of Law Enforcement by

680

rule.

681

(d) The department shall pay an annual fee to the

682

Department of Law Enforcement for its costs resulting from the

683

fingerprint information retention services required by this

684

subsection. The amount of the annual fee and procedures for the

685

submission and retention of fingerprint information and for the

686

dissemination of search results shall be established by the

687

Department of Law Enforcement by adopting a rule that is

688

applicable to the department individually under pursuant to this

689

subsection or that is applicable to the department and other

690

employing agencies pursuant to rulemaking authority otherwise

691

provided by law.

692

(e) The department shall notify the Department of Law

693

Enforcement when a person whose fingerprint information is

694

retained by the Department of Law Enforcement under this

695

subsection is no longer employed by the department, or by a

696

provider under contract with the department, in a delinquency

697

facility, service, or program. This notice shall be provided by

698

the department to the Department of Law Enforcement no later than

699

6 months after the date of the change in the person's employment

700

status. Fingerprint information for persons identified by the

701

department in the notice shall be removed from the statewide

702

automated fingerprint system.

703

(6) The department may grant exemptions from

704

disqualification from working with children as provided in s.

705

435.07.

706

Section 16. Subsections (2), (3), (4),(5),(6), (7), (8),

707

and (9) of section 985.66, Florida Statutes, are amended to read:

708

985.66 Juvenile justice training academies; Juvenile

709

Justice Standards and Training Commission; Juvenile Justice

710

Training Trust Fund.--

711

(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE

712

STANDARDS AND TRAINING COMMISSION.--

713

(a) There is created under the Department of Juvenile

714

Justice the Juvenile Justice Standards and Training Commission,

715

hereinafter referred to as the commission. The 17-member

716

commission shall consist of the Attorney General or designee, the

717

Commissioner of Education or designee, a member of the juvenile

718

court judiciary to be appointed by the Chief Justice of the

719

Supreme Court, and 14 members to be appointed by the Secretary of

720

Juvenile Justice as follows:

721

1. Seven members shall be juvenile justice professionals: a

722

superintendent or a direct care staff member from an institution;

723

a director from a contracted community-based program; a

724

superintendent and a direct care staff member from a regional

725

detention center or facility; a juvenile probation officer

726

supervisor and a juvenile probation officer; and a director of a

727

day treatment or conditional release program. No fewer than three

728

of these members shall be contract providers.

729

2. Two members shall be representatives of local law

730

enforcement agencies.

731

3. One member shall be an educator from the state's

732

university and community college program of criminology, criminal

733

justice administration, social work, psychology, sociology, or

734

other field of study pertinent to the training of juvenile

735

justice program staff.

736

4. One member shall be a member of the public.

737

5. One member shall be a state attorney, or assistant state

738

attorney, who has juvenile court experience.

739

6. One member shall be a public defender, or assistant

740

public defender, who has juvenile court experience.

741

7. One member shall be a representative of the business

742

community.

743

744

All appointed members shall be appointed to serve terms of 2

745

years.

746

(b) The composition of the commission shall be broadly

747

reflective of the public and shall include minorities and women.

748

The term "minorities" as used in this paragraph means a member of

749

a socially or economically disadvantaged group that includes

750

blacks, Hispanics, and American Indians.

751

752

commission with staff necessary to assist the commission in the

753

performance of its duties.

754

(d) The commission shall annually elect its chairperson and

755

other officers. The commission shall hold at least four regular

756

meetings each year at the call of the chairperson or upon the

757

written request of three members of the commission. A majority of

758

the members of the commission constitutes a quorum. Members of

759

the commission shall serve without compensation but are entitled

760

to be reimbursed for per diem and travel expenses as provided by

761

s. 112.061 and these expenses shall be paid from the Juvenile

762

Justice Training Trust Fund.

763

(a)(e) The powers, duties, and functions of the department

764

commission shall be to:

765

1. Designate the location of the training academies;

766

develop, implement, maintain, and update the curriculum to be

767

used in the training of delinquency juvenile justice program

768

staff; establish timeframes for participation in and completion

769

of training by delinquency juvenile justice program staff;

770

develop, implement, maintain, and update job-related

771

examinations; develop, implement, and update the types and

772

frequencies of evaluations of the training academies; approve,

773

modify, or disapprove the budget for the training academies, and

774

the contractor to be selected to organize and operate the

775

training academies and to provide the training curriculum.

776

2. Establish uniform minimum job-related training courses

777

and examinations for delinquency juvenile justice program staff.

778

3. Consult and cooperate with the state or any political

779

subdivision; any private entity or contractor; and with private

780

and public universities, colleges, community colleges, and other

781

educational institutions concerning the development of juvenile

782

justice training and programs or courses of instruction,

783

including, but not limited to, education and training in the

784

areas of juvenile justice.

785

4. Enter into With the approval of the department, make and

786

enter into such contracts and agreements with other agencies,

787

organizations, associations, corporations, individuals, or

788

federal agencies as the commission determines are necessary in

789

the execution of its powers or the performance of its duties.

790

5. Make recommendations to the Department of Juvenile

791

Justice concerning any matter within the purview of this section.

792

(3) JUVENILE JUSTICE TRAINING PROGRAM.--The department

793

commission shall establish a certifiable program for juvenile

794

justice training pursuant to this section, and all delinquency

795

department program staff and providers who deliver direct care

796

services pursuant to contract with the department shall be

797

required to participate in and successfully complete the

798

commission-approved program of training pertinent to their areas

799

of responsibility. Judges, state attorneys, and public defenders,

800

law enforcement officers, and school district personnel may

801

participate in such training program. For the delinquency

802

juvenile justice program staff, the department commission shall,

803

based on a job-task analysis:

804

(a) Design, implement, maintain, evaluate, and revise a

805

basic training program, including a competency-based examination,

806

for the purpose of providing minimum employment training

807

qualifications for all delinquency program staff juvenile justice

808

personnel. All delinquency program staff of the department and

809

providers who deliver direct-care services who are hired after

810

October 1, 1999, must meet the following minimum requirements:

811

1. Be at least 19 years of age.

812

2. Be a high school graduate or its equivalent as

813

determined by the department commission.

814

3. Not have been convicted of any felony or a misdemeanor

815

involving perjury or a false statement, or have received a

816

dishonorable discharge from any of the Armed Forces of the United

817

States. Any person who, after September 30, 1999, pleads guilty

818

or nolo contendere to or is found guilty of any felony or a

819

misdemeanor involving perjury or false statement is not eligible

820

for employment, notwithstanding suspension of sentence or

821

withholding of adjudication. Notwithstanding this subparagraph,

822

any person who pled nolo contendere to a misdemeanor involving a

823

false statement before October 1, 1999, and who has had such

824

record of that plea sealed or expunged is not ineligible for

825

employment for that reason.

826

4. Abide by all the provisions of s. 985.644(1) regarding

827

fingerprinting and background investigations and other screening

828

requirements for personnel.

829

5. Execute and submit to the department an affidavit-of-

830

application form, adopted by the department, attesting to his or

831

her compliance with subparagraphs 1.-4. The affidavit must be

832

executed under oath and constitutes an official statement under

833

s. 837.06. The affidavit must include conspicuous language that

834

the intentional false execution of the affidavit constitutes a

835

misdemeanor of the second degree. The employing agency shall

836

retain the affidavit.

837

(b) Design, implement, maintain, evaluate, and revise an

838

advanced training program, including a competency-based

839

examination for each training course, which is intended to

840

enhance knowledge, skills, and abilities related to job

841

performance.

842

843

career development training program, including a competency-based

844

examination for each training course. Career development courses

845

are intended to prepare personnel for promotion.

846

(d) The department commission is encouraged to design,

847

implement, maintain, evaluate, and revise juvenile justice

848

training courses, or to enter into contracts for such training

849

courses, that are intended to provide for the safety and well-

850

being of both citizens and juvenile offenders.

851

(4) JUVENILE JUSTICE TRAINING TRUST FUND.--

852

(a) There is created within the State Treasury a Juvenile

853

Justice Training Trust Fund to be used by the Department of

854

Juvenile Justice for the purpose of funding the development and

855

updating of a job-task analysis of delinquency program staff

856

juvenile justice personnel; the development, implementation, and

857

updating of job-related training courses and examinations; and

858

the cost of commission-approved juvenile justice training

859

courses; and reimbursement for expenses as provided in s. 112.061

860

for members of the commission and staff.

861

(b) One dollar from every noncriminal traffic infraction

862

collected pursuant to ss. 318.14(10)(b) and 318.18 shall be

863

deposited into the Juvenile Justice Training Trust Fund.

864

865

the trust fund may receive funds from any other public or private

866

source.

867

(d) Funds that are not expended by the end of the budget

868

cycle or through a supplemental budget approved by the department

869

shall revert to the trust fund.

870

(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

871

ACADEMIES.--The number, location, and establishment of juvenile

872

justice training academies shall be determined by the department

873

commission.

874

(6) SCHOLARSHIPS AND STIPENDS.--

875

(a) By rule, the department commission shall establish

876

criteria to award scholarships or stipends to qualified

877

delinquency program staff juvenile justice personnel who are

878

residents of the state who want to pursue a bachelor's or

879

associate in arts degree in juvenile justice or a related field.

880

The department shall handle the administration of the scholarship

881

or stipend. The Department of Education shall handle the notes

882

issued for the payment of the scholarships or stipends. All

883

scholarship and stipend awards shall be paid from the Juvenile

884

Justice Training Trust Fund upon vouchers approved by the

885

Department of Education and properly certified by the Chief

886

Financial Officer. Prior to the award of a scholarship or

887

stipend, the delinquency program staff juvenile justice employee

888

must agree in writing to practice her or his profession in

889

juvenile justice or a related field for 1 month for each month of

890

grant or to repay the full amount of the scholarship or stipend

891

together with interest at the rate of 5 percent per annum over a

892

period not to exceed 10 years. Repayment shall be made payable to

893

the state for deposit into the Juvenile Justice Training Trust

894

Fund.

895

(b) The department commission may establish the scholarship

896

program by rule and implement the program on or after July 1,

897

1996.

898

(7) ADOPTION OF RULES.--The department may commission shall

899

adopt rules as necessary to carry out the provisions of this

900

section.

901

(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

902

MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of

903

Risk Management of the Department of Financial Services is

904

authorized to insure a private agency, individual, or corporation

905

operating a state-owned training school under a contract to carry

906

out the purposes and responsibilities of any program of the

907

department. The coverage authorized herein shall be under the

908

same general terms and conditions as the department is insured

909

for its responsibilities under chapter 284.

910

(9) As used in this section, the term "delinquency program

911

staff" means supervisory and direct care staff of a delinquency

912

program as well as support staff who have direct contact with

913

children in a delinquency program that is owned and operated by

914

the department. The Juvenile Justice Standards and Training

915

Commission is terminated on June 30, 2001, and such termination

916

shall be reviewed by the Legislature prior to that date.

917

Section 17. Section 985.664, Florida Statutes, is amended

918

to read:

919

985.664 Juvenile justice circuit boards and juvenile

920

justice county councils.--

921

(1) There is authorized a juvenile justice circuit board to

922

be established in each of the 20 judicial circuits and a juvenile

923

justice county council to be established in each of the 67

924

counties. The purpose of each juvenile justice circuit board and

925

each juvenile justice county council is to provide advice and

926

direction to the department and the Children and Youth Cabinet in

927

the development and implementation of juvenile justice programs

928

and to work collaboratively with the department in seeking

929

program improvements and policy changes to address the emerging

930

and changing needs of Florida's youth who are at risk of

931

delinquency.

932

(2) Each juvenile justice county council shall develop a

933

juvenile justice prevention and early intervention plan for the

934

county and shall collaborate with the circuit board and other

935

county councils assigned to that circuit in the development of a

936

comprehensive plan for the circuit. As part of such plan, each

937

council and board shall make provision for continual monitoring

938

to identify and remedy disproportionate minority contact with the

939

juvenile justice system. The Children and Youth Cabinet shall

940

consider these local plans in implementing s. 402.56(5).

941

(3) Juvenile justice circuit boards and county councils

942

shall also participate in facilitating interagency cooperation

943

and information sharing.

944

(4) Juvenile justice circuit boards and county councils may

945

apply for and receive public or private grants to be administered

946

by one of the community partners that support one or more

947

components of the county or circuit plan.

948

(5) Juvenile justice circuit boards and county councils

949

shall advise and assist the department in the evaluation and

950

award of prevention and early intervention grant programs,

951

including the Community Juvenile Justice Partnership Grant

952

program established in s. 985.676 and proceeds from the Invest in

953

Children license plate annual use fees.

954

(6) Each juvenile justice circuit board shall provide an

955

annual report to the department and to the Children and Youth

956

Cabinet describing the activities of the circuit board and each

957

of the county councils contained within its circuit. The

958

department may prescribe a format and content requirements for

959

submission of annual reports.

960

(7) Membership of the juvenile justice circuit board may

961

not exceed 18 members, except as provided in subsections (8) and

962

(9). Members must include the state attorney, the public

963

defender, and the chief judge of the circuit, or their respective

964

designees. The remaining 15 members of the board must be

965

appointed by the county councils within that circuit. The board

966

where possible must be composed of an equitable number of members

967

include at least one representative from each county council

968

within the circuit, taking into account differences in

969

population. In appointing members to the circuit board, the

970

county councils must reflect:

971

(a) The circuit's geography and population distribution.

972

(b) Juvenile justice partners, including, but not limited

973

to, representatives of law enforcement, the school system, and

974

the Department of Children and Family Services.

975

976

(d) Representation from residents of the targeted high-

977

crime zip code communities as identified by the department and

978

based on referral rates within the county.

979

(8) At any time after the adoption of initial bylaws

980

pursuant to subsection (12), a juvenile justice circuit board may

981

revise the bylaws to increase the number of members by not more

982

than three in order to adequately reflect the diversity of the

983

population and community organizations or agencies in the

984

circuit.

985

(9) If county councils are not formed within a circuit, the

986

circuit board may establish its membership in accordance with

987

subsection (10). For juvenile justice circuit boards organized

988

pursuant to this subsection, the state attorney, public defender,

989

and chief circuit judge, or their respective designees, shall be

990

members of the circuit board.

991

(10) Membership of the juvenile justice county councils, or

992

juvenile justice circuit boards established under subsection (9),

993

must include representation from residents of the targeted high-

994

crime zip code communities as identified by the department and

995

based on referral rates within the county and may also include

996

representatives from the following entities:

997

(a) Representatives from the school district, which may

998

include elected school board officials, the school

999

superintendent, school or district administrators, teachers, and

1000

counselors.

1001

(b) Representatives of the board of county commissioners.

1002

1003

municipalities within the county.

1004

(d) A representative of the corresponding circuit or

1005

regional entity of the Department of Children and Family

1006

Services.

1007

(e) Representatives of local law enforcement agencies,

1008

including the sheriff or the sheriff's designee.

1009

(f) Representatives of the judicial system.

1010

(g) Representatives of the business community.

1011

(h) Representatives of other interested officials, groups,

1012

or entities, including, but not limited to, a children's services

1013

council, public or private providers of juvenile justice programs

1014

and services, students, parents, and advocates. Private providers

1015

of juvenile justice programs may not exceed one-third of the

1016

voting membership.

1017

(i) Representatives of the faith community.

1018

(j) Representatives of victim-service programs and victims

1019

of crimes.

1020

(k) Representatives of the Department of Corrections.

1021

(11) Each juvenile justice county council, or juvenile

1022

justice circuit board established under subsection (9), must

1023

provide for the establishment of an executive committee of not

1024

more than 10 members. The duties and authority of the executive

1025

committee must be addressed in the bylaws.

1026

(12) Each juvenile justice circuit board and county council

1027

shall develop bylaws that provide for officers and committees as

1028

the board or council deems necessary and shall specify the

1029

qualifications, method of selection, and term for each office

1030

created. The bylaws shall address at least the following issues:

1031

process for appointments to the board or council; election or

1032

appointment of officers; filling of vacant positions; duration of

1033

member terms; provisions for voting; meeting attendance

1034

requirements; and the establishment and duties of an executive

1035

committee, if required under subsection (11).

1036

(13) The secretary shall meet at least annually,

1037

individually or collectively, by phone or in person, with the

1038

chair of the juvenile justice circuit boards and the Children and

1039

Youth Cabinet in order to:

1040

1. Advise juvenile justice circuit board chairs of

1041

statewide juvenile justice issues and activities.

1042

2. Provide and receive comments on prevention and

1043

intervention program budget priorities.

1044

3. Provide and receive comments on the planning process.

1045

4. Discuss program development, program implementation,

1046

quality assurance, and program outcomes.

1047

(14)(13) Members of juvenile justice circuit boards and

1048

county councils are subject to the provisions of part III of

1049

chapter 112.

1050

(15) Juvenile justice circuit boards and county councils

1051

shall use due diligence in notifying the community of board

1052

vacancies through various community outreach outlets such as

1053

community newspapers, churches and free public announcements.

1054

Section 18. Subsection (1) of section 985.668, Florida

1055

Statutes, is amended to read:

1056

985.668 Innovation zones.--The department shall encourage

1057

each of the juvenile justice circuit boards in consultation with

1058

the juvenile justice county council within the circuit to propose

1059

at least one innovation zone within the circuit for the purpose

1060

of implementing any experimental, pilot, or demonstration project

1061

that furthers the legislatively established goals of the

1062

department. An innovation zone is a defined geographic area such

1063

as a circuit, commitment region, county, municipality, service

1064

delivery area, school campus, or neighborhood providing a

1065

laboratory for the research, development, and testing of the

1066

applicability and efficacy of model programs, policy options, and

1067

new technologies for the department.

1068

(1)(a) The juvenile justice circuit board shall submit a

1069

proposal for an innovation zone to the secretary. If the purpose

1070

of the proposed innovation zone is to demonstrate that specific

1071

statutory goals can be achieved more effectively by using

1072

procedures that require modification of existing rules, policies,

1073

or procedures, the proposal may request the secretary to waive

1074

such existing rules, policies, or procedures or to otherwise

1075

authorize use of alternative procedures or practices. Waivers of

1076

such existing rules, policies, or procedures must comply with

1077

applicable state or federal law.

1078

(b) For innovation zone proposals that the secretary

1079

determines require changes to state law, the secretary may submit

1080

a request for a waiver from such laws, together with any proposed

1081

changes to state law, to the chairs of the appropriate

1082

legislative committees for consideration.

1083

1084

determines require waiver of federal law, the secretary may

1085

submit a request for such waivers to the applicable federal

1086

agency.

1087

Section 19. Paragraph (a) of subsection (2) and subsection

1088

(3) of section 985.676, Florida Statutes, are amended to read:

1089

985.676 Community juvenile justice partnership grants.--

1090

(2) GRANT APPLICATION PROCEDURES.--

1091

(a) Each entity wishing to apply for an annual community

1092

juvenile justice partnership grant, which may be renewed for a

1093

maximum of 2 additional years for the same provision of services,

1094

shall submit a grant proposal for funding or continued funding to

1095

the department. The department shall establish the grant

1096

application procedures. In order to be considered for funding,

1097

the grant proposal shall include the following assurances and

1098

information:

1099

1. A letter from the chair of the juvenile justice circuit

1100

board confirming that the grant application has been reviewed and

1101

found to support one or more purposes or goals of the juvenile

1102

justice plan as developed by the board.

1103

2. A rationale and description of the program and the

1104

services to be provided, including goals and objectives.

1105

3. A method for identification of the juveniles most likely

1106

to be involved in the juvenile justice system who will be the

1107

focus of the program.

1108

4. Provisions for the participation of parents and

1109

guardians in the program.

1110

5. Coordination with other community-based and social

1111

service prevention efforts, including, but not limited to, drug

1112

and alcohol abuse prevention and dropout prevention programs,

1113

that serve the target population or neighborhood.

1114

6. An evaluation component to measure the effectiveness of

1115

the program in accordance with s. 985.632.

1116

7. A program budget, including the amount and sources of

1117

local cash and in-kind resources committed to the budget. The

1118

proposal must establish to the satisfaction of the department

1119

that the entity will make a cash or in-kind contribution to the

1120

program of a value that is at least equal to 20 percent of the

1121

amount of the grant.

1122

8. The necessary program staff.

1123

(b) The department shall consider the following in awarding

1124

such grants:

1125

1. The recommendations of the juvenile justice county

1126

council as to the priority that should be given to proposals

1127

submitted by entities within a county.

1128

2. The recommendations of the juvenile justice circuit

1129

board as to the priority that should be given to proposals

1130

submitted by entities within a circuit.

1131

1132

As the first priority, the department shall fund applications

1133

that meet the requirements of this section and also fulfill the

1134

local juvenile circuit board plans.

1135

(3) RESTRICTIONS.--This section does not prevent a program

1136

initiated under a community juvenile justice partnership grant

1137

established pursuant to this section from continuing to operate

1138

beyond the 3-year maximum funding period if it can find other

1139

funding sources. Likewise, This section does not restrict the

1140

number of programs an entity may apply for or operate.

1141

Section 20. Section 985.721, Florida Statutes, is amended

1142

to read:

1143

985.721 Escapes from secure detention or residential

1144

commitment facility.--An escape from:

1145

(1) Any secure detention facility maintained for the

1146

temporary detention of children, pending adjudication,

1147

disposition, or placement;

1148

(2) Any residential commitment facility described in s.

1149

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

1150

punishment, or rehabilitation of children found to have committed

1151

delinquent acts or violations of law; or

1152

(3) Lawful transportation to or from any such secure

1153

detention facility or residential commitment facility,

1154

1155

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

1156

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

1157

775.082, s. 775.083, or s. 775.084.

1158

Section 21. Section 1006.125, Florida Statutes, is created

1159

to read:

1160

1006.125 Referrals to law enforcement; serious criminal

1161

offenses.--

1162

(1) A student that is charged by school authorities with a

1163

violation of the code of student conduct that may also constitute

1164

a serious criminal offense shall be reported to the law

1165

enforcement agency having jurisdiction over the student's school

1166

of attendance. This provision may be satisfied by providing

1167

notice to the appropriate school resource officer of the charge

1168

of violation of the code of student conduct and discipline code.

1169

(2) As used in this section, serious criminal offense

1170

includes an offense which would constitute a capital felony; life

1171

felony; first degree felony; second or third degree felony

1172

involving a firearm or weapon or violence against another person,

1173

or an offense that poses a serious threat to school safety or the

1174

safety of any individual student or group of students.

1175

(3) Counties may seek reimbursement of secure detention

1176

costs from the school district for detention costs associated

1177

with the referral of a student for an offense other than that

1178

specified in this section at a rate not to exceed the per diem

1179

rate set by the Department of Juvenile Justice pursuant to s.

1180

985.686.

1181

Section 22. Subsections (1) and (2) of section 1006.13,

1182

Florida Statutes, are amended to read:

1183

1006.13 Policy of zero tolerance for crime and

1184

victimization.--

1185

(1) Each district school board shall adopt a policy of zero

1186

tolerance for:

1187

(a) Crime and substance abuse, including the reporting of

1188

delinquent acts and crimes occurring whenever and wherever

1189

students are under the jurisdiction of the district school board.

1190

(b) Victimization of students, including taking all steps

1191

necessary to protect the victim of any violent crime from any

1192

further victimization.

1193

(2) The zero tolerance policy shall require students found

1194

to have committed one of the following serious criminal offenses

1195

to be expelled, with or without continuing educational services,

1196

from the student's regular school for a period of not less than 1

1197

full year, and to be referred to the criminal justice or juvenile

1198

justice system.

1199

(a) Bringing a firearm or weapon, as defined in chapter

1200

790, to school, to any school function, or onto any school-

1201

sponsored transportation or possessing a firearm at school.

1202

(b) Making a threat or false report, as defined by ss.

1203

790.162 and 790.163, respectively, involving school or school

1204

personnel's property, school transportation, or a school-

1205