Florida Senate - 2008 CS for SB 700
By the Committee on Criminal Justice; and Senator Crist
591-05772-08 2008700c1
1
A bill to be entitled
2
An act relating to juvenile justice; amending s. 29.008,
3
F.S.; conforming cross-references; amending s. 790.22,
4
F.S.; revising provisions relating to community service
5
programs; amending s. 939.185, F.S.; providing diversion
6
options; amending s. 984.05, F.S., conforming cross-
7
references; amending s. 984.09, F.S.; deleting duplicative
8
provisions relating to contempt of court and alternative
9
sanctions; amending s. 985.02, F.S.; providing diversion
10
options; amending s. 985.03, F.S.; defining the term
11
"ordinary medical care"; amending and renumbering
12
provisions of s. 985.037, F.S., relating to alterative
13
sanctions; creating s. 985.0375, F.S.; providing for
14
alternative sanctions; amending s. 985.04, F.S; providing
15
that confidential information obtained during an
16
official's service with juvenile delinquents may be shared
17
with authorized personnel of the Department of Children
18
and Family Services; amending s. 985.245, F.S.; providing
19
for additional representatives to be included on the
20
committee formed to advise the Department of Juvenile
21
Justice on the risk assessment instrument; requiring
22
periodic evaluation of the risk assessment instrument;
23
amending s. 985.265, F.S.; providing an exception to
24
required supervision in direct supervision housing;
25
amending s. 985.601, F.S.; requiring the Department of
26
Juvenile Justice to adopt rules to establish procedures to
27
provide ordinary medical care, mental health, substance
28
abuse, and developmental disabilities services to youth
29
within the juvenile justice continuum; requiring that, to
30
the extent possible within available fiscal resources, the
31
procedures must be commensurate with procedures that youth
32
receive in the community; amending s. 985.606, F.S.;
33
revising provisions governing data collection; amending s.
34
985.632, F.S.; authorizing the department to conduct a
35
demonstration project in order to create an accountable
36
juvenile justice system that is outcome-based; amending s.
37
985.644, F.S., relating to departmental contracting
38
powers; removing references to the Department of Children
39
and Family Services; amending s. 985.66, F.S.;
40
transferring the responsibility for the juvenile justice
41
training program from the Juvenile Justice Standards and
42
Training Commission to the Department of Juvenile Justice;
43
requiring the department to adopt rules; amending s.
44
985.664, F.S., relating to the juvenile justice circuit
45
boards and juvenile justice county councils; providing a
46
reference to the Children and Youth Cabinet; amending s.
47
985.668, F.S.; encouraging each juvenile justice circuit
48
board, in consultation with the juvenile justice county
49
council, to propose an innovation zone within the circuit;
50
amending s. 985.676, F.S.; including the development and
51
implantation of a strategic plan; amending s. 985.721,
52
F.S.; conforming a cross-reference; creating s. 1006.125,
53
F.S.; requiring that a student charged with a violation of
54
the code of student conduct which constitutes a serious
55
criminal offense be reported to a law enforcement agency;
56
amending s. 1006.13, F.S.; removing the reference of zero
57
tolerance; providing an appropriation; providing an
58
effective date.
59
60
Be It Enacted by the Legislature of the State of Florida:
61
62
Section 1. Paragraph (b) of subsection (3) of section
63
29.008, Florida Statutes, is amended to read:
64
29.008 County funding of court-related functions.--
65
(3) The following shall be considered a local requirement
66
pursuant to subparagraph (2)(a)1.:
67
(b) Alternative sanctions coordinators pursuant to s.
69
Section 2. Paragraph (c) of subsection (4) of section
70
790.22, Florida Statutes, is amended to read:
71
790.22 Use of BB guns, air or gas-operated guns, or
72
electric weapons or devices by minor under 16; limitation;
73
possession of firearms by minor under 18 prohibited; penalties.--
74
(4)
75
(c) The juvenile justice circuit boards or juvenile justice
76
county councils or the Department of Juvenile Justice shall
77
establish appropriate community service programs to be available
78
as provided in s. 985.0375 to the alternative sanctions
79
coordinators of the circuit courts in implementing this
80
subsection. The boards or councils or department shall propose
81
the implementation of a community service program in each
82
circuit, and may submit a circuit plan, to be implemented upon
83
approval of the circuit alternative sanctions coordinator.
84
Section 3. Paragraph (a) of subsection (1) of section
85
939.185, Florida Statutes, is amended to read:
86
939.185 Assessment of additional court costs and
87
surcharges.--
88
(1)(a) The board of county commissioners may adopt by
89
ordinance an additional court cost, not to exceed $65, to be
90
imposed by the court when a person pleads guilty or nolo
91
contendere to, or is found guilty of, or adjudicated delinquent
92
for, any felony, misdemeanor, delinquent act, or criminal traffic
93
offense under the laws of this state. Such additional assessment
94
shall be accounted for separately by the county in which the
95
offense occurred and be used only in the county imposing this
96
cost, to be allocated as follows:
97
1. Twenty-five percent of the amount collected shall be
98
allocated to fund innovations to supplement state funding for the
99
elements of the state courts system identified in s. 29.004 and
100
county funding for local requirements under s. 29.008(2)(a)2.
101
2. Twenty-five percent of the amount collected shall be
102
allocated to assist counties in providing legal aid programs
103
required under s. 29.008(3)(a).
104
3. Twenty-five percent of the amount collected shall be
105
allocated to fund personnel and legal materials for the public as
106
part of a law library.
107
4. Twenty-five percent of the amount collected shall be
108
used as determined by the board of county commissioners to
109
support teen court programs, except as provided in s. 938.19(7),
110
juvenile assessment centers, and other juvenile alternative
111
programs that include diversion options for first-time
112
misdemeanant youth or youth 10 years of age or younger.
113
114
Each county receiving funds under this section shall report the
115
amount of funds collected pursuant to this section and an
116
itemized list of expenditures for all authorized programs and
117
activities. The report shall be submitted in a format developed
118
by the Supreme Court to the Governor, the Chief Financial
119
Officer, the President of the Senate, and the Speaker of the
120
House of Representatives on a quarterly basis beginning with the
121
quarter ending September 30, 2004. Quarterly reports shall be
122
submitted no later than 30 days after the end of the quarter. Any
123
unspent funds at the close of the county fiscal year allocated
124
under subparagraphs 2., 3., and 4., shall be transferred for use
125
pursuant to subparagraph 1.
126
Section 4. Section 984.05, Florida Statutes, is amended to
127
read:
128
984.05 Rules relating to habitual truants; adoption by
129
State Board of Education and Department of Juvenile Justice.--The
130
Department of Juvenile Justice and the State Board of Education
131
shall work together on the development of, and shall adopt, rules
132
as necessary for administering the implementation of ss.
134
Section 5. Section 984.09, Florida Statutes, is amended to
135
read:
136
984.09 Punishment for contempt of court; alternative
137
sanctions.--
138
(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--Except as
139
otherwise provided in this section, the court may punish any
140
child for contempt for interfering with the court or with court
141
administration, or for violating any provision of this chapter or
142
order of the court relative thereto as provided in s. 985.037. It
143
is the intent of the Legislature that the court restrict and
144
limit the use of contempt powers with respect to commitment of a
145
child to a secure facility. A child who commits direct contempt
146
of court or indirect contempt of a valid court order may be taken
147
into custody and ordered to serve an alternative sanction or
148
placed in a secure facility, as authorized in this section, by
149
order of the court.
150
(2) PLACEMENT IN A SECURE FACILITY.--
151
(a) A child may be placed in a secure facility as provided
152
in s. 985.037(2) for purposes of punishment for contempt of court
153
if alternative sanctions are unavailable or inappropriate, or if
154
the child has already been ordered to serve an alternative
155
sanction but failed to comply with the sanction.
156
(a) A delinquent child who has been held in direct or
157
indirect contempt may be placed in a secure detention facility
158
for 5 days for a first offense or 15 days for a second or
159
subsequent offense, or in a secure residential commitment
160
facility.
161
(b) A child in need of services who has been held in direct
162
contempt or indirect contempt may be placed, for 5 days for a
163
first offense or 15 days for a second or subsequent offense, in a
164
staff-secure shelter or a staff-secure residential facility
165
solely for children in need of services if such placement is
166
available, or, if such placement is not available, the child may
167
be placed in an appropriate mental health facility or substance
168
abuse facility for assessment. In addition to disposition under
169
this paragraph, a child in need of services who is held in direct
170
contempt or indirect contempt may be placed in a physically
171
secure setting as provided under s. 984.226 if conditions of
172
eligibility are met.
173
(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
174
have an alternative sanctions coordinator who shall serve under
175
the chief administrative judge of the juvenile division of the
176
circuit court, and who shall coordinate and maintain a spectrum
177
of contempt sanction alternatives in conjunction with the circuit
178
plan implemented in accordance with s. 790.22(4)(c). Upon
179
determining that a child has committed direct contempt of court
180
or indirect contempt of a valid court order, the court may
181
immediately request the alternative sanctions coordinator to
182
recommend the most appropriate available alternative sanction and
183
shall order the child to perform up to 50 hours of community-
184
service manual labor or a similar alternative sanction, unless an
185
alternative sanction is unavailable or inappropriate, or unless
186
the child has failed to comply with a prior alternative sanction.
187
Alternative contempt sanctions may be provided by local industry
188
or by any nonprofit organization or any public or private
189
business or service entity that has entered into a contract with
190
the Department of Juvenile Justice to act as an agent of the
191
state to provide voluntary supervision of children on behalf of
192
the state in exchange for the manual labor of children and
193
limited immunity in accordance with s. 768.28(11).
194
(3)(4) CHILDREN IN NEED OF SERVICES CONTEMPT OF COURT
195
SANCTIONS; PROCEDURE AND DUE PROCESS.--
196
(a) If a child is charged with direct contempt of court,
197
including traffic court, the court may impose an authorized
198
sanction immediately.
199
(b) If a child is charged with indirect contempt of court,
200
the court must hold a hearing within 24 hours to determine
201
whether the child committed indirect contempt of a valid court
202
order. At the hearing, the following due process rights must be
203
provided to the child:
204
1. Right to a copy of the order to show cause alleging
205
facts supporting the contempt charge.
206
2. Right to an explanation of the nature and the
207
consequences of the proceedings.
208
3. Right to legal counsel and the right to have legal
209
counsel appointed by the court if the juvenile is indigent,
210
pursuant to s. 985.033.
211
4. Right to confront witnesses.
212
5. Right to present witnesses.
213
6. Right to have a transcript or record of the proceeding.
214
7. Right to appeal to an appropriate court.
215
216
The child's parent or guardian may address the court regarding
217
the due process rights of the child. The court shall review the
218
placement of the child every 72 hours to determine whether it is
219
appropriate for the child to remain in the facility.
220
(c) The court may not order that a child be placed in a
221
secure facility for punishment for contempt unless the court
222
determines that an alternative sanction is inappropriate or
223
unavailable or that the child was initially ordered to an
224
alternative sanction and did not comply with the alternative
225
sanction. The court is encouraged to order a child to perform
226
community service, up to the maximum number of hours, where
227
appropriate before ordering that the child be placed in a secure
228
facility as punishment for contempt of court.
229
(d) In addition to any other sanction imposed under s.
230
985.037 this section, the court may direct the Department of
231
Highway Safety and Motor Vehicles to withhold issuance of, or
232
suspend, a child's driver's license or driving privilege. The
233
court may order that a child's driver's license or driving
234
privilege be withheld or suspended for up to 1 year for a first
235
offense of contempt and up to 2 years for a second or subsequent
236
offense. If the child's driver's license or driving privilege is
237
suspended or revoked for any reason at the time the sanction for
238
contempt is imposed, the court shall extend the period of
239
suspension or revocation by the additional period ordered under
240
this paragraph. If the child's driver's license is being withheld
241
at the time the sanction for contempt is imposed, the period of
242
suspension or revocation ordered under this paragraph shall begin
243
on the date on which the child is otherwise eligible to drive.
244
for a child in need of services whose driver's license or driving
245
privilege is suspended under that section this paragraph, the
246
court may direct the Department of Highway Safety and Motor
247
Vehicles to issue the child a license for driving privileges
248
restricted to business or employment purposes only, as defined in
249
s. 322.271, or for the purpose of completing court-ordered
250
community service, if the child is otherwise qualified for a
251
license. However, the department may not issue a restricted
252
license unless specifically ordered to do so by the court.
253
(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created
254
the position of alternative sanctions coordinator within each
255
judicial circuit, pursuant to subsection (3). Each alternative
256
sanctions coordinator shall serve under the direction of the
257
chief administrative judge of the juvenile division as directed
258
by the chief judge of the circuit. The alternative sanctions
259
coordinator shall act as the liaison between the judiciary, local
260
department officials, district school board employees, and local
261
law enforcement agencies. The alternative sanctions coordinator
262
shall coordinate within the circuit community-based alternative
263
sanctions, including nonsecure detention programs, community
264
service projects, and other juvenile sanctions, in conjunction
265
with the circuit plan implemented in accordance with s.
266
790.22(4)(c).
267
Section 6. Subsection (3) of section 985.02, Florida
268
Statutes, is amended to read:
269
985.02 Legislative intent for the juvenile justice
270
system.--
271
(3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.--It is the
272
policy of the state with respect to juvenile justice and
273
delinquency prevention to first protect the public from acts of
274
delinquency. In addition, it is the policy of the state to:
275
(a) Develop and implement effective methods of preventing
276
and reducing acts of delinquency, with a focus on maintaining and
277
strengthening the family as a whole so that children may remain
278
in their homes or communities.
279
(b) Develop and implement effective programs to prevent
280
delinquency, to divert children from the traditional juvenile
281
justice system, to intervene at an early stage of delinquency,
282
and to provide critically needed alternatives to
283
institutionalization and deep-end commitment.
284
(c) Provide well-trained personnel, high-quality services,
285
and cost-effective programs within the juvenile justice system.
286
(d) Increase the capacity of local governments and public
287
and private agencies to conduct rehabilitative treatment programs
288
and to provide research, evaluation, and training services in the
289
field of juvenile delinquency prevention.
290
(e) Encourage and promote diversion options when
291
appropriate, especially for first-time misdemeanant youth or
292
youth 10 years of age or younger.
293
294
The Legislature intends that detention care, in addition to
295
providing secure and safe custody, will promote the health and
296
well-being of the children committed thereto and provide an
297
environment that fosters their social, emotional, intellectual,
298
and physical development.
299
Section 7. Subsections (39) through (57) of section 985.03,
300
Florida Statutes, are redesignated as subsections (40) through
301
(58), respectively, and a new subsection (38) is added to that
302
section, to read:
303
985.03 Definitions.--As used in this chapter, the term:
304
(38) "Ordinary medical care" means medical procedures that
305
are administered or performed on a routine basis and include, but
306
are not limited to, inoculations, physical examinations, remedial
307
treatment for minor illnesses and injuries, preventive services,
308
medication management, chronic disease management, and other
309
medical procedures that are administered or performed on a
310
routine basis and that do not involve hospitalization, surgery,
311
or use of general anesthesia.
312
Section 8. Subsections (1), (2), and (4) of section
313
985.037, Florida Statutes, are amended, and subsections (3) and
314
(5) of that section are redesignated as subsections (1) and (2)
315
of section 985.0375, Florida Statutes, and amended to read:
316
985.037 Punishment for contempt of court; alternative
317
sanctions.--
318
(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court may
319
punish any child for contempt for interfering with the court or
320
with court administration, or for violating any provision of this
321
chapter or order of the court relative thereto. It is the intent
322
of the Legislature that the court restrict and limit the use of
323
contempt powers with respect to commitment of a child to a secure
324
facility. A child who commits direct contempt of court or
325
indirect contempt of a valid court order may be taken into
326
custody and ordered to serve an alternative sanction or placed in
327
a secure facility, as authorized in this section, by order of the
328
court.
329
(2) PLACEMENT IN A SECURE FACILITY.--A child may be placed
330
in a secure facility for purposes of punishment for contempt of
331
court if alternative sanctions are unavailable or inappropriate,
332
or if the child has already been ordered to serve an alternative
333
sanction but failed to comply with the sanction. A delinquent
334
child who has been held in direct or indirect contempt may be
335
placed in a secure detention facility not to exceed 5 days for a
336
first offense and not to exceed 15 days for a second or
337
subsequent offense.
338
(3)(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
339
PROCESS.--
340
(a) If a child is charged with direct contempt of court,
341
including traffic court, the court may impose an authorized
342
sanction immediately.
343
(b) If a child is charged with indirect contempt of court,
344
the court must hold a hearing within 24 hours to determine
345
whether the child committed indirect contempt of a valid court
346
order. At the hearing, the following due process rights must be
347
provided to the child:
348
1. Right to a copy of the order to show cause alleging
349
facts supporting the contempt charge.
350
2. Right to an explanation of the nature and the
351
consequences of the proceedings.
352
3. Right to legal counsel and the right to have legal
353
counsel appointed by the court if the juvenile is indigent, under
354
s. 985.033.
355
4. Right to confront witnesses.
356
5. Right to present witnesses.
357
6. Right to have a transcript or record of the proceeding.
358
7. Right to appeal to an appropriate court.
359
360
The child's parent or guardian may address the court regarding
361
the due process rights of the child. The court shall review the
362
placement of the child every 72 hours to determine whether it is
363
appropriate for the child to remain in the facility.
364
(c) The court may not order that a child be placed in a
365
secure facility for punishment for contempt unless the court
366
determines that an alternative sanction is inappropriate or
367
unavailable or that the child was initially ordered to an
368
alternative sanction and did not comply with the alternative
369
sanction. The court is encouraged to order a child to perform
370
community service, up to the maximum number of hours, where
371
appropriate before ordering that the child be placed in a secure
372
facility as punishment for contempt of court.
373
(d) In addition to any other sanction imposed under this
374
section, the court may direct the Department of Highway Safety
375
and Motor Vehicles to withhold issuance of, or suspend, a child's
376
driver's license or driving privilege. The court may order that a
377
child's driver's license or driving privilege be withheld or
378
suspended for up to 1 year for a first offense of contempt and up
379
to 2 years for a second or subsequent offense. If the child's
380
driver's license or driving privilege is suspended or revoked for
381
any reason at the time the sanction for contempt is imposed, the
382
court shall extend the period of suspension or revocation by the
383
additional period ordered under this paragraph. If the child's
384
driver's license is being withheld at the time the sanction for
385
contempt is imposed, the period of suspension or revocation
386
ordered under this paragraph shall begin on the date on which the
387
child is otherwise eligible to drive.
388
389
985.0375 Alternative sanctions.--
390
(1)(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
391
have an alternative sanctions coordinator who shall serve under
392
the chief administrative judge of the juvenile division of the
393
circuit court, and who shall coordinate and maintain a spectrum
394
of contempt sanction alternatives in conjunction with the circuit
395
plan implemented in accordance with s. 790.22(4)(c). Upon
396
determining that a child has committed direct contempt of court
397
or indirect contempt of a valid court order, the court may
398
immediately request the alternative sanctions coordinator to
399
recommend the most appropriate available alternative sanction and
400
shall order the child to perform up to 50 hours of community-
401
service manual labor or a similar alternative sanction, unless an
402
alternative sanction is unavailable or inappropriate, or unless
403
the child has failed to comply with a prior alternative sanction.
404
Alternative contempt sanctions may be provided by local industry
405
or by any nonprofit organization or any public or private
406
business or service entity that has entered into a contract with
407
the department of Juvenile Justice to act as an agent of the
408
state to provide voluntary supervision of children on behalf of
409
the state in exchange for the manual labor of children and
410
limited immunity in accordance with s. 768.28(11).
411
(2)(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created
412
the position of alternative sanctions coordinator within each
413
judicial circuit, pursuant to subsection (1) (3). Each
414
alternative sanctions coordinator shall serve under the direction
415
of the chief administrative judge of the juvenile division as
416
directed by the chief judge of the circuit. The alternative
417
sanctions coordinator shall act as the liaison between the
418
judiciary, local department officials, district school board
419
employees, and local law enforcement agencies. The alternative
420
sanctions coordinator shall coordinate within the circuit
421
community-based alternative sanctions, including nonsecure
422
detention programs, community service projects, and other
423
juvenile sanctions, to implement s. 790.22(4) in conjunction with
424
the circuit plan implemented in accordance with s. 790.22(4)(c).
425
Section 9. Subsections (1) and (7) of section 985.04,
426
Florida Statutes, are amended to read:
427
985.04 Oaths; records; confidential information.--
428
(1) Except as provided in subsections (2), (3), (6), and
429
(7) and s. 943.053, all information obtained under this chapter
430
in the discharge of official duty by any judge, any employee of
431
the court, any authorized agent of the department, the Parole
432
Commission, the Department of Corrections, the juvenile justice
433
circuit boards, any law enforcement agent, or any licensed
434
professional or licensed community agency representative
435
participating in the assessment or treatment of a juvenile is
436
confidential and may be disclosed only to the authorized
437
personnel of the court, the department and its designees, the
438
Department of Corrections, the Department of Children and Family
439
Services, the Parole Commission, law enforcement agents, school
440
superintendents and their designees, any licensed professional or
441
licensed community agency representative participating in the
442
assessment or treatment of a juvenile, and others entitled under
443
this chapter to receive that information, or upon order of the
444
court. Within each county, the sheriff, the chiefs of police, the
445
district school superintendent, and the department shall enter
446
into an interagency agreement for the purpose of sharing
447
information about juvenile offenders among all parties. The
448
agreement must specify the conditions under which summary
449
criminal history information is to be made available to
450
appropriate school personnel, and the conditions under which
451
school records are to be made available to appropriate department
452
personnel. Such agreement shall require notification to any
453
classroom teacher of assignment to the teacher's classroom of a
454
juvenile who has been placed in a probation or commitment program
455
for a felony offense. The agencies entering into such agreement
456
must comply with s. 943.0525, and must maintain the
457
confidentiality of information that is otherwise exempt from s.
458
119.07(1), as provided by law.
459
(7)(a) Records in the custody of the department regarding
460
children are not open to inspection by the public. Such records
461
may be inspected only upon order of the Secretary of Juvenile
462
Justice or his or her authorized agent by persons who have
463
sufficient reason and upon such conditions for their use and
464
disposition as the secretary or his or her authorized agent deems
465
proper. The information in such records may be disclosed only to
466
other employees of the department who have a need therefor in
467
order to perform their official duties; to other persons as
468
authorized by rule of the department; and, upon request, to the
469
Department of Corrections and the Department of Children and
470
Family Services. The secretary or his or her authorized agent may
471
permit properly qualified persons to inspect and make abstracts
472
from records for statistical purposes under whatever conditions
473
upon their use and disposition the secretary or his or her
474
authorized agent deems proper, provided adequate assurances are
475
given that children's names and other identifying information
476
will not be disclosed by the applicant.
477
(b) The destruction of records pertaining to children
478
committed to or supervised by the department pursuant to a court
479
order, which records are retained until a child reaches the age
480
of 24 years or until a serious or habitual delinquent child
481
reaches the age of 26 years, shall be subject to chapter 943.
482
Section 10. Subsection (2) of section 985.245, Florida
483
Statutes, is amended to read:
484
985.245 Risk assessment instrument.--
485
(2)(a) The risk assessment instrument for detention care
486
placement determinations and court orders shall be developed by
487
the department in consultation agreement with a committee
488
composed of two representatives appointed by the following
489
associations: the Conference of Circuit Judges of Florida, the
490
Prosecuting Attorneys Association, the Public Defenders
491
Association, the Florida Sheriffs Association, and the Florida
492
Association of Chiefs of Police. Each association shall appoint
493
two individuals, one representing an urban area and one
494
representing a rural area. In addition, the committee shall
495
include two representatives from child advocacy organizations,
496
and two recognized child mental health experts, appointed by the
497
department. The parties involved shall evaluate and revise the
498
risk assessment instrument as is considered necessary using the
499
method for revision as agreed by the parties. The risk assessment
500
instrument shall be evaluated to determine if the instrument
501
contributes to disproportionate minority contact.
502
(b) The risk assessment instrument shall take into
503
consideration, but need not be limited to, prior history of
504
failure to appear, prior offenses, prior history of residential
505
delinquency commitments, offenses committed pending adjudication,
506
any unlawful possession of a firearm, theft of a motor vehicle or
507
possession of a stolen motor vehicle, and probation status at the
508
time the child is taken into custody. The risk assessment
509
instrument shall also take into consideration appropriate
510
aggravating and mitigating circumstances, and shall be designed
511
to target a narrower population of children than s. 985.255. The
512
risk assessment instrument shall also include any information
513
concerning the child's history of abuse and neglect. The risk
514
assessment shall indicate whether detention care is warranted,
515
and, if detention care is warranted, whether the child should be
516
placed into secure, nonsecure, or home detention care.
517
(c) Any risk assessment instrument used for determining
518
detention care placements and court orders shall be validated not
519
later than December 31, 2008, and periodically evaluated
520
thereafter for continued validity.
521
Section 11. Subsection (5) of section 985.265, Florida
522
Statutes, is amended to read:
523
985.265 Detention transfer and release; education; adult
524
jails.--
525
(5) The court shall order the delivery of a child to a jail
526
or other facility intended or used for the detention of adults:
527
(a) When the child has been transferred or indicted for
528
criminal prosecution as an adult under part X, except that the
529
court may not order or allow a child alleged to have committed a
530
misdemeanor who is being transferred for criminal prosecution
532
held in a jail or other facility intended or used for the
533
detention of adults; however, such child may be held temporarily
534
in a detention facility; or
535
(b) When a child taken into custody in this state is wanted
536
by another jurisdiction for prosecution as an adult.
537
538
The child shall be housed separately from adult inmates to
539
prohibit a child from having regular contact with incarcerated
540
adults, including trustees. "Regular contact" means sight and
541
sound contact. Separation of children from adults shall permit no
542
more than haphazard or accidental contact. The receiving jail or
543
other facility shall contain a separate section for children and
544
shall have an adequate staff to supervise and monitor the child's
545
activities at all times. Supervision and monitoring of children
546
includes physical observation and documented checks by jail or
547
receiving facility supervisory personnel at intervals not to
548
exceed 15 minutes, except in direct supervision housing with 24-
549
hour supervision. This subsection does not prohibit placing two
550
or more children in the same cell. Under no circumstances shall a
551
child be placed in the same cell with an adult.
552
Section 12. Subsection (2) of section 985.601, Florida
553
Statutes, is amended, and paragraph (e) is added to subsection
554
(3) of that section, to read:
555
985.601 Administering the juvenile justice continuum.--
556
(2)(a) The department shall develop and implement an
557
appropriate continuum of care that provides individualized,
558
multidisciplinary assessments, objective evaluations of relative
559
risks, and the matching of needs with placements for all children
560
under its care, and that uses a system of case management to
561
facilitate each child being appropriately assessed, provided with
562
services, and placed in a program that meets the child's needs.
563
(b) As part of the continuum of services, the department
564
shall adopt rules establishing procedures to provide ordinary
565
medical care, mental health, substance abuse, and developmental
566
disabilities services to youth within the juvenile justice
567
continuum as defined in s. 985.03.
568
569
The department shall coordinate such rulemaking with other
570
affected agencies to avoid duplication, conflict, or
571
inconsistency.
572
(3)
573
(e) In order to be eligible to participate in the state-
574
funded Intensive Delinquency Diversion Services program, counties
575
having nonstate-funded delinquency programs for youth must
576
include diversion options for first-time misdemeanant youth or
577
youth 10 years of age or younger, unless otherwise prohibited.
578
Section 13. Section 985.606, Florida Statutes, is amended
579
to read:
580
985.606 Prevention services providers; outcome performance
581
data collection; reporting.--Each state agency or entity that
582
receives or uses state appropriations to fund programs, grants,
583
appropriations, or activities that are designed to prevent
584
juvenile crime, delinquency, gang membership, status offenses, or
585
that are designed to prevent a child from becoming a "child in
586
need of services," as defined in chapter 984, shall collect data
587
relative to the outcomes related to performance of such
588
activities and shall provide said data to the Governor, the
589
President of the Senate, and the Speaker of the House no later
590
than January 31st of each year for the preceding fiscal year.
591
Section 14. Subsection (8) is added to section 985.632,
592
Florida Statutes, to read:
593
985.632 Quality assurance and cost-effectiveness; outcome-
594
based contracting.--
595
(8) To create an accountable juvenile justice system that
596
is outcome-based, the department is authorized to conduct a
597
demonstration project using outcome performance-based contracts.
598
During the 2008-2009 fiscal year, the department shall develop,
599
in consultation with the Department of Financial Services and a
600
provider organization that has multiple sites, an implementation
601
plan for outcome-based contracting. Such a plan shall include
602
interim and long-term outcome performance measures, strategies
603
for using financial incentives and disincentives to increase
604
provider performance, a plan to shift oversight and monitoring of
605
providers from a compliance-based approach to a more outcome-
606
based approach, and recommendations of needed legislative action
607
to implement. This plan shall be submitted to the Executive
608
Office of the Governor, the President of the Senate, and the
609
Speaker of the House of Representatives by March 1, 2009.
610
Section 15. Section 985.644, Florida Statutes, is amended
611
to read:
612
985.644 Departmental contracting powers; personnel
613
standards and screening.--
614
(1) The department of Juvenile Justice or the Department of
615
Children and Family Services, as appropriate, may contract with
616
the Federal Government, other state departments and agencies,
617
county and municipal governments and agencies, public and private
618
agencies, and private individuals and corporations in carrying
619
out the purposes of, and the responsibilities established in,
620
this chapter.
621
(a) When the department of Juvenile Justice or the
622
Department of Children and Family Services contracts with a
623
provider for any program for children, all personnel, including
624
owners, operators, employees, and volunteers, in the facility
625
must be of good moral character. Each contract entered into by
626
the either department for services delivered on an appointment or
627
intermittent basis by a provider that does not have regular
628
custodial responsibility for children and each contract with a
629
school for before or aftercare services must ensure that the
630
owners, operators, and all personnel who have direct contact with
631
children are of good moral character. A volunteer who assists on
632
an intermittent basis for less than 40 hours per month need not
633
be screened if the volunteer is under direct and constant
634
supervision by persons who meet the screening requirements.
635
(b) The department of Juvenile Justice and the Department
636
of Children and Family Services shall require employment
637
screening pursuant to chapter 435, using the level 2 standards
638
set forth in that chapter for personnel in programs for children
639
or youths.
640
(c) The department of Juvenile Justice or the Department of
641
Children and Family Services may grant exemptions from
642
disqualification from working with children as provided in s.
643
644
(2) The department may contract with the Federal
645
Government, other state departments and agencies, county and
646
municipal governments and agencies, public and private agencies,
647
and private individuals and corporations in carrying out the
648
purposes and the responsibilities of the delinquency services and
649
programs of the department.
650
(2)(3) The department shall adopt a rule pursuant to
651
chapter 120 establishing a procedure to provide notice of policy
652
changes that affect contracted delinquency services and programs.
653
A policy is defined as an operational requirement that applies to
654
only the specified contracted delinquency service or program. The
655
procedure must shall include:
656
(a) Public notice of policy development.
657
(b) Opportunity for public comment on the proposed policy.
658
(c) Assessment for fiscal impact upon the department and
659
providers.
660
(d) The department's response to comments received.
661
(4) When the department contracts with a provider for any
662
delinquency service or program, all personnel, including all
663
owners, operators, employees, and volunteers in the facility or
664
providing the service or program shall be of good moral
665
character. A volunteer who assists on an intermittent basis for
666
less than 40 hours per month is not required to be screened if
667
the volunteer is under direct and constant supervision by persons
668
who meet the screening requirements.
669
(3)(5)(a) For any person employed by the department, or by
670
a provider under contract with the department, in delinquency
671
facilities, services, or programs, the department shall require:
672
1. A level 2 employment screening pursuant to chapter 435
673
prior to employment.
674
2. A federal criminal records check by the Federal Bureau
675
of Investigation every 5 years following the date of the person's
676
employment.
677
(b) Except for law enforcement, correctional, and
678
correctional probation officers, to whom s. 943.13(5) applies,
679
the department shall electronically submit to the Department of
680
Law Enforcement:
681
1. Fingerprint information obtained during the employment
682
screening required by subparagraph (a)1.
683
2. Beginning on December 15, 2005, fingerprint information
684
for all persons employed by the department, or by a provider
685
under contract with the department, in delinquency facilities,
686
services, or programs if such fingerprint information has not
687
previously been electronically submitted to the Department of Law
688
Enforcement under this paragraph.
689
(c) All fingerprint information electronically submitted to
690
the Department of Law Enforcement under paragraph (b) shall be
691
retained by the Department of Law Enforcement and entered into
692
the statewide automated fingerprint identification system
693
authorized by s. 943.05(2)(b). Thereafter, such fingerprint
694
information shall be available for all purposes and uses
695
authorized for arrest fingerprint information entered into the
696
statewide automated fingerprint identification system pursuant to
697
s. 943.051 until the fingerprint information is removed under
698
pursuant to paragraph (e). The Department of Law Enforcement
699
shall search all arrest fingerprint information received pursuant
700
to s. 943.051 against the fingerprint information entered into
701
the statewide automated fingerprint system under pursuant to this
702
subsection. Any arrest records identified as a result of the
703
search shall be reported to the department in the manner and
704
timeframe established by the Department of Law Enforcement by
705
rule.
706
(d) The department shall pay an annual fee to the
707
Department of Law Enforcement for its costs resulting from the
708
fingerprint information retention services required by this
709
subsection. The amount of the annual fee and procedures for the
710
submission and retention of fingerprint information and for the
711
dissemination of search results shall be established by the
712
Department of Law Enforcement by adopting a rule that is
713
applicable to the department individually under pursuant to this
714
subsection or that is applicable to the department and other
715
employing agencies pursuant to rulemaking authority otherwise
716
provided by law.
717
(e) The department shall notify the Department of Law
718
Enforcement when a person whose fingerprint information is
719
retained by the Department of Law Enforcement under this
720
subsection is no longer employed by the department, or by a
721
provider under contract with the department, in a delinquency
722
facility, service, or program. This notice shall be provided by
723
the department to the Department of Law Enforcement no later than
724
6 months after the date of the change in the person's employment
725
status. Fingerprint information for persons identified by the
726
department in the notice shall be removed from the statewide
727
automated fingerprint system.
728
(6) The department may grant exemptions from
729
disqualification from working with children as provided in s.
730
731
Section 16. Subsections (2), (3), (4), (5), (6), (7), (8),
732
and (9) of section 985.66, Florida Statutes, are amended to read:
733
985.66 Juvenile justice training academies; Juvenile
734
Justice Standards and Training Commission; Juvenile Justice
735
Training Trust Fund.--
736
(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
737
STANDARDS AND TRAINING COMMISSION.--
738
(a) There is created under the Department of Juvenile
739
Justice the Juvenile Justice Standards and Training Commission,
740
hereinafter referred to as the commission. The 17-member
741
commission shall consist of the Attorney General or designee, the
742
Commissioner of Education or designee, a member of the juvenile
743
court judiciary to be appointed by the Chief Justice of the
744
Supreme Court, and 14 members to be appointed by the Secretary of
745
Juvenile Justice as follows:
746
1. Seven members shall be juvenile justice professionals: a
747
superintendent or a direct care staff member from an institution;
748
a director from a contracted community-based program; a
749
superintendent and a direct care staff member from a regional
750
detention center or facility; a juvenile probation officer
751
supervisor and a juvenile probation officer; and a director of a
752
day treatment or conditional release program. No fewer than three
753
of these members shall be contract providers.
754
2. Two members shall be representatives of local law
755
enforcement agencies.
756
3. One member shall be an educator from the state's
757
university and community college program of criminology, criminal
758
justice administration, social work, psychology, sociology, or
759
other field of study pertinent to the training of juvenile
760
justice program staff.
761
4. One member shall be a member of the public.
762
5. One member shall be a state attorney, or assistant state
763
attorney, who has juvenile court experience.
764
6. One member shall be a public defender, or assistant
765
public defender, who has juvenile court experience.
766
7. One member shall be a representative of the business
767
community.
768
769
All appointed members shall be appointed to serve terms of 2
770
years.
771
(b) The composition of the commission shall be broadly
772
reflective of the public and shall include minorities and women.
773
The term "minorities" as used in this paragraph means a member of
774
a socially or economically disadvantaged group that includes
775
blacks, Hispanics, and American Indians.
776
(c) The Department of Juvenile Justice shall provide the
777
commission with staff necessary to assist the commission in the
778
performance of its duties.
779
(d) The commission shall annually elect its chairperson and
780
other officers. The commission shall hold at least four regular
781
meetings each year at the call of the chairperson or upon the
782
written request of three members of the commission. A majority of
783
the members of the commission constitutes a quorum. Members of
784
the commission shall serve without compensation but are entitled
785
to be reimbursed for per diem and travel expenses as provided by
786
s. 112.061 and these expenses shall be paid from the Juvenile
787
Justice Training Trust Fund.
788
(e) The powers, duties, and functions of the department
789
commission shall be to:
790
(a)1. Designate the location of the training academies;
791
develop, implement, maintain, and update the curriculum to be
792
used in the training of delinquency juvenile justice program
793
staff; establish timeframes for participation in and completion
794
of training by delinquency juvenile justice program staff;
795
develop, implement, maintain, and update job-related
796
examinations; develop, implement, and update the types and
797
frequencies of evaluations of the training academies; approve,
798
modify, or disapprove the budget for the training academies, and
799
the contractor to be selected to organize and operate the
800
training academies and to provide the training curriculum.
801
(b)2. Establish uniform minimum job-related training
802
courses and examinations for delinquency juvenile justice program
803
staff.
804
(c)3. Consult and cooperate with the state or any political
805
subdivision; any private entity or contractor; and with private
806
and public universities, colleges, community colleges, and other
807
educational institutions concerning the development of juvenile
808
justice training and programs or courses of instruction,
809
including, but not limited to, education and training in the
810
areas of juvenile justice.
811
(d)4. Enter into With the approval of the department, make
812
and enter into such contracts and agreements with other agencies,
813
organizations, associations, corporations, individuals, or
814
federal agencies as the commission determines are necessary in
815
the execution of its powers or the performance of its duties.
816
5. Make recommendations to the Department of Juvenile
817
Justice concerning any matter within the purview of this section.
818
(3) JUVENILE JUSTICE TRAINING PROGRAM.--The department
819
commission shall establish a certifiable program for juvenile
820
justice training pursuant to this section, and all delinquency
821
department program staff and providers who deliver direct care
822
services pursuant to contract with the department shall be
823
required to participate in and successfully complete the
824
commission-approved program of training pertinent to their areas
825
of responsibility. Judges, state attorneys, and public defenders,
826
law enforcement officers, and school district personnel may
827
participate in such training program. For the delinquency
828
juvenile justice program staff, the department commission shall,
829
based on a job-task analysis:
830
(a) Design, implement, maintain, evaluate, and revise a
831
basic training program, including a competency-based examination,
832
for the purpose of providing minimum employment training
833
qualifications for all delinquency program staff juvenile justice
834
personnel. All delinquency program staff of the department and
835
providers who deliver direct-care services who are hired after
836
October 1, 1999, must meet the following minimum requirements:
837
1. Be at least 19 years of age.
838
2. Be a high school graduate or its equivalent as
839
determined by the department commission.
840
3. Not have been convicted of any felony or a misdemeanor
841
involving perjury or a false statement, or have received a
842
dishonorable discharge from any of the Armed Forces of the United
843
States. Any person who, after September 30, 1999, pleads guilty
844
or nolo contendere to or is found guilty of any felony or a
845
misdemeanor involving perjury or false statement is not eligible
846
for employment, notwithstanding suspension of sentence or
847
withholding of adjudication. Notwithstanding this subparagraph,
848
any person who pled nolo contendere to a misdemeanor involving a
849
false statement before October 1, 1999, and who has had such
850
record of that plea sealed or expunged is not ineligible for
851
employment for that reason.
852
4. Abide by all the provisions of s. 985.644(1) regarding
853
fingerprinting and background investigations and other screening
854
requirements for personnel.
855
5. Execute and submit to the department an affidavit-of-
856
application form, adopted by the department, attesting to his or
857
her compliance with subparagraphs 1.-4. The affidavit must be
858
executed under oath and constitutes an official statement under
859
s. 837.06. The affidavit must include conspicuous language that
860
the intentional false execution of the affidavit constitutes a
861
misdemeanor of the second degree. The employing agency shall
862
retain the affidavit.
863
(b) Design, implement, maintain, evaluate, and revise an
864
advanced training program, including a competency-based
865
examination for each training course, which is intended to
866
enhance knowledge, skills, and abilities related to job
867
performance.
868
(c) Design, implement, maintain, evaluate, and revise a
869
career development training program, including a competency-based
870
examination for each training course. Career development courses
871
are intended to prepare personnel for promotion.
872
(d) The department commission is encouraged to design,
873
implement, maintain, evaluate, and revise juvenile justice
874
training courses, or to enter into contracts for such training
875
courses, that are intended to provide for the safety and well-
876
being of both citizens and juvenile offenders.
877
(4) JUVENILE JUSTICE TRAINING TRUST FUND.--
878
(a) There is created within the State Treasury a Juvenile
879
Justice Training Trust Fund to be used by the Department of
880
Juvenile Justice for the purpose of funding the development and
881
updating of a job-task analysis of delinquency program staff
882
juvenile justice personnel; the development, implementation, and
883
updating of job-related training courses and examinations; and
884
the cost of commission-approved juvenile justice training
885
courses; and reimbursement for expenses as provided in s. 112.061
886
for members of the commission and staff.
887
(b) One dollar from every noncriminal traffic infraction
889
deposited into the Juvenile Justice Training Trust Fund.
890
(c) In addition to the funds generated by paragraph (b),
891
the trust fund may receive funds from any other public or private
892
source.
893
(d) Funds that are not expended by the end of the budget
894
cycle or through a supplemental budget approved by the department
895
shall revert to the trust fund.
896
(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING
897
ACADEMIES.--The number, location, and establishment of juvenile
898
justice training academies shall be determined by the department
899
commission.
900
(6) SCHOLARSHIPS AND STIPENDS.--
901
(a) By rule, the department commission shall establish
902
criteria to award scholarships or stipends to qualified
903
delinquency program staff juvenile justice personnel who are
904
residents of the state who want to pursue a bachelor's or
905
associate in arts degree in juvenile justice or a related field.
906
The department shall handle the administration of the scholarship
907
or stipend. The Department of Education shall handle the notes
908
issued for the payment of the scholarships or stipends. All
909
scholarship and stipend awards shall be paid from the Juvenile
910
Justice Training Trust Fund upon vouchers approved by the
911
Department of Education and properly certified by the Chief
912
Financial Officer. Prior to the award of a scholarship or
913
stipend, the delinquency program staff juvenile justice employee
914
must agree in writing to practice her or his profession in
915
juvenile justice or a related field for 1 month for each month of
916
grant or to repay the full amount of the scholarship or stipend
917
together with interest at the rate of 5 percent per annum over a
918
period not to exceed 10 years. Repayment shall be made payable to
919
the state for deposit into the Juvenile Justice Training Trust
920
Fund.
921
(b) The department commission may establish the scholarship
922
program by rule and implement the program on or after July 1,
923
1996.
924
(7) ADOPTION OF RULES.--The department may commission shall
925
adopt rules as necessary to carry out the provisions of this
926
section.
927
(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
928
MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of
929
Risk Management of the Department of Financial Services is
930
authorized to insure a private agency, individual, or corporation
931
operating a state-owned training school under a contract to carry
932
out the purposes and responsibilities of any program of the
933
department. The coverage authorized herein shall be under the
934
same general terms and conditions as the department is insured
935
for its responsibilities under chapter 284.
936
(9) As used in this section, the term "delinquency program
937
staff" means supervisory and direct care staff of a delinquency
938
program as well as support staff who have direct contact with
939
children in a delinquency program that is owned and operated by
940
the department. The Juvenile Justice Standards and Training
941
Commission is terminated on June 30, 2001, and such termination
942
shall be reviewed by the Legislature prior to that date.
943
Section 17. Section 985.664, Florida Statutes, is amended
944
to read:
945
985.664 Juvenile justice circuit boards and juvenile
946
justice county councils.--
947
(1) There is authorized a juvenile justice circuit board to
948
be established in each of the 20 judicial circuits and a juvenile
949
justice county council to be established in each of the 67
950
counties. The purpose of each juvenile justice circuit board and
951
each juvenile justice county council is to provide advice and
952
direction to the department and the Children and Youth Cabinet in
953
the development and implementation of juvenile justice programs
954
and to work collaboratively with the department in seeking
955
program improvements and policy changes to address the emerging
956
and changing needs of Florida's youth who are at risk of
957
delinquency.
958
(2) Each juvenile justice county council shall develop a
959
juvenile justice prevention and early intervention plan for the
960
county and shall collaborate with the circuit board and other
961
county councils assigned to that circuit in the development of a
962
comprehensive plan for the circuit. As part of such plan, each
963
council and board shall make provision for continual monitoring
964
to identify and remedy disproportionate minority contact with the
965
juvenile justice system. The Children and Youth Cabinet shall
966
consider these local plans in implementing s. 402.56(5).
967
(3) Juvenile justice circuit boards and county councils
968
shall also participate in facilitating interagency cooperation
969
and information sharing.
970
(4) Juvenile justice circuit boards and county councils may
971
apply for and receive public or private grants to be administered
972
by one of the community partners that support one or more
973
components of the county or circuit plan.
974
(5) Juvenile justice circuit boards and county councils
975
shall advise and assist the department in the evaluation and
976
award of prevention and early intervention grant programs,
977
including the Community Juvenile Justice Partnership Grant
978
program established in s. 985.676 and proceeds from the Invest in
979
Children license plate annual use fees.
980
(6) Each juvenile justice circuit board shall provide an
981
annual report to the department and to the Children and Youth
982
Cabinet describing the activities of the circuit board and each
983
of the county councils contained within its circuit. The
984
department may prescribe a format and content requirements for
985
submission of annual reports.
986
(7) Membership of the juvenile justice circuit board may
987
not exceed 18 members, except as provided in subsections (8) and
988
(9). Members must include the state attorney, the public
989
defender, and the chief judge of the circuit, or their respective
990
designees. The remaining 15 members of the board must be
991
appointed by the county councils within that circuit. The board
992
where possible must be composed of an equitable number of members
993
include at least one representative from each county council
994
within the circuit, taking into account differences in
995
population. In appointing members to the circuit board, the
996
county councils must reflect:
997
(a) The circuit's geography and population distribution.
998
(b) Juvenile justice partners, including, but not limited
999
to, representatives of law enforcement, the school system, and
1000
the Department of Children and Family Services.
1001
(c) Diversity in the judicial circuit.
1002
(d) Representation from residents of the targeted high-
1003
crime zip code communities as identified by the department and
1004
based on referral rates within the county.
1005
(8) At any time after the adoption of initial bylaws
1006
pursuant to subsection (12), a juvenile justice circuit board may
1007
revise the bylaws to increase the number of members by not more
1008
than three in order to adequately reflect the diversity of the
1009
population and community organizations or agencies in the
1010
circuit.
1011
(9) If county councils are not formed within a circuit, the
1012
circuit board may establish its membership in accordance with
1013
subsection (10). For juvenile justice circuit boards organized
1014
pursuant to this subsection, the state attorney, public defender,
1015
and chief circuit judge, or their respective designees, shall be
1016
members of the circuit board.
1017
(10) Membership of the juvenile justice county councils, or
1018
juvenile justice circuit boards established under subsection (9),
1019
must include representation from residents of the targeted high-
1020
crime zip code communities as identified by the department and
1021
based on referral rates within the county and may also include
1022
representatives from the following entities:
1023
(a) Representatives from the school district, which may
1024
include elected school board officials, the school
1025
superintendent, school or district administrators, teachers, and
1026
counselors.
1027
(b) Representatives of the board of county commissioners.
1028
(c) Representatives of the governing bodies of local
1029
municipalities within the county.
1030
(d) A representative of the corresponding circuit or
1031
regional entity of the Department of Children and Family
1032
Services.
1033
(e) Representatives of local law enforcement agencies,
1034
including the sheriff or the sheriff's designee.
1035
(f) Representatives of the judicial system.
1036
(g) Representatives of the business community.
1037
(h) Representatives of other interested officials, groups,
1038
or entities, including, but not limited to, a children's services
1039
council, public or private providers of juvenile justice programs
1040
and services, students, parents, and advocates. Private providers
1041
of juvenile justice programs may not exceed one-third of the
1042
voting membership.
1043
(i) Representatives of the faith community.
1044
(j) Representatives of victim-service programs and victims
1045
of crimes.
1046
(k) Representatives of the Department of Corrections.
1047
(11) Each juvenile justice county council, or juvenile
1048
justice circuit board established under subsection (9), must
1049
provide for the establishment of an executive committee of not
1050
more than 10 members. The duties and authority of the executive
1051
committee must be addressed in the bylaws.
1052
(12) Each juvenile justice circuit board and county council
1053
shall develop bylaws that provide for officers and committees as
1054
the board or council deems necessary and shall specify the
1055
qualifications, method of selection, and term for each office
1056
created. The bylaws shall address at least the following issues:
1057
process for appointments to the board or council; election or
1058
appointment of officers; filling of vacant positions; duration of
1059
member terms; provisions for voting; meeting attendance
1060
requirements; and the establishment and duties of an executive
1061
committee, if required under subsection (11).
1062
(13) The secretary shall meet at least annually,
1063
individually or collectively, by telephone or in person, with the
1064
chair of the juvenile justice circuit boards and the Children and
1065
Youth Cabinet in order to:
1066
1. Advise juvenile justice circuit board chairs of
1067
statewide juvenile justice issues and activities.
1068
2. Provide and receive comments on prevention and
1069
intervention program budget priorities.
1070
3. Provide and receive comments on the planning process.
1071
4. Discuss program development, program implementation,
1072
quality assurance, and program outcomes.
1073
(14)(13) Members of juvenile justice circuit boards and
1074
county councils are subject to the provisions of part III of
1075
chapter 112.
1076
(15) Juvenile justice circuit boards and county councils
1077
shall use due diligence in notifying the community of board
1078
vacancies through various community outreach outlets such as
1079
community newspapers, churches, and free public announcements.
1080
Section 18. Section 985.668, Florida Statutes, is amended
1081
to read:
1082
985.668 Innovation zones.--The department shall encourage
1083
each of the juvenile justice circuit boards, in consultation with
1084
the juvenile justice county council within the circuit, to
1085
propose at least one innovation zone within the circuit for the
1086
purpose of implementing any experimental, pilot, or demonstration
1087
project that furthers the legislatively established goals of the
1088
department. An innovation zone is a defined geographic area such
1089
as a circuit, commitment region, county, municipality, service
1090
delivery area, school campus, or neighborhood providing a
1091
laboratory for the research, development, and testing of the
1092
applicability and efficacy of model programs, policy options, and
1093
new technologies for the department.
1094
(1)(a) The juvenile justice circuit board shall submit a
1095
proposal for an innovation zone to the secretary. If the purpose
1096
of the proposed innovation zone is to demonstrate that specific
1097
statutory goals can be achieved more effectively by using
1098
procedures that require modification of existing rules, policies,
1099
or procedures, the proposal may request the secretary to waive
1100
such existing rules, policies, or procedures or to otherwise
1101
authorize use of alternative procedures or practices. Waivers of
1102
such existing rules, policies, or procedures must comply with
1103
applicable state or federal law.
1104
(b) For innovation zone proposals that the secretary
1105
determines require changes to state law, the secretary may submit
1106
a request for a waiver from such laws, together with any proposed
1107
changes to state law, to the chairs of the appropriate
1108
legislative committees for consideration.
1109
(c) For innovation zone proposals that the secretary
1110
determines require waiver of federal law, the secretary may
1111
submit a request for such waivers to the applicable federal
1112
agency.
1113
(2) An innovation zone project may not have a duration of
1114
more than 2 years, but the secretary may grant an extension.
1115
(3) Before implementing an innovation zone under this
1116
subsection, the secretary shall, in conjunction with the Office
1117
of Program Policy Analysis and Government Accountability, develop
1118
measurable and valid objectives for such zone within a negotiated
1119
reasonable period of time. Moneys designated for an innovation
1120
zone in one operating circuit may not be used to fund an
1121
innovation zone in another operating circuit.
1122
(4) Program models for innovation zone projects include,
1123
but are not limited to:
1124
(a) A forestry alternative work program that provides
1125
selected juvenile offenders an opportunity to serve in a forestry
1126
work program as an alternative to incarceration, in which
1127
offenders assist in wildland firefighting, enhancement of state
1128
land management, environmental enhancement, and land restoration.
1129
(b) A collaborative public/private dropout prevention
1130
partnership that trains personnel from both the public and
1131
private sectors of a target community who are identified and
1132
brought into the school system as an additional resource for
1133
addressing problems which inhibit and retard learning, including
1134
abuse, neglect, financial instability, pregnancy, and substance
1135
abuse.
1136
(c) A support services program that provides economically
1137
disadvantaged youth with support services, jobs, training,
1138
counseling, mentoring, and prepaid postsecondary tuition
1139
scholarships.
1140
(d) A juvenile offender job training program that offers an
1141
opportunity for juvenile offenders to develop educational and job
1142
skills in a 12-month to 18-month nonresidential training program,
1143
teaching the offenders skills such as computer-aided design,
1144
modular panel construction, and heavy vehicle repair and
1145
maintenance which will readily transfer to the private sector,
1146
thereby promoting responsibility and productivity.
1147
(e) An infant mortality prevention program that is designed
1148
to discourage unhealthy behaviors such as smoking and alcohol or
1149
drug consumption, reduce the incidence of babies born prematurely
1150
or with low birth weight, reduce health care cost by enabling
1151
babies to be safely discharged earlier from the hospital, reduce
1152
the incidence of child abuse and neglect, and improve parenting
1153
and problem-solving skills.
1154
(f) A regional crime prevention and intervention program
1155
that serves as an umbrella agency to coordinate and replicate
1156
existing services to at-risk children, first-time juvenile
1157
offenders, youth crime victims, and school dropouts.
1158
(g) An alternative education outreach school program that
1159
serves delinquent repeat offenders between 14 and 18 years of age
1160
who have demonstrated failure in school and who are referred by
1161
the juvenile court.
1162
(h) A drug treatment and prevention program that provides
1163
early identification of children with alcohol or drug problems to
1164
facilitate treatment, comprehensive screening and assessment,
1165
family involvement, and placement options.
1166
(i) A community resource mother or father program that
1167
emphasizes parental responsibility for the behavior of children,
1168
and requires the availability of counseling services for children
1169
at high risk for delinquent behavior.
1170
Section 19. Paragraph (a) of subsection (2) and subsection
1171
(3) of section 985.676, Florida Statutes, are amended to read:
1172
985.676 Community juvenile justice partnership grants.--
1173
(2) GRANT APPLICATION PROCEDURES.--
1174
(a) Each entity wishing to apply for an annual community
1175
juvenile justice partnership grant, which may be renewed for a
1176
maximum of 2 additional years for the same provision of services,
1177
shall submit a grant proposal for funding or continued funding to
1178
the department. The department shall establish the grant
1179
application procedures. In order to be considered for funding,
1180
the grant proposal shall include the following assurances and
1181
information:
1182
1. A letter from the chair of the juvenile justice circuit
1183
board confirming that the grant application has been reviewed and
1184
found to support one or more purposes or goals of the juvenile
1185
justice plan as developed by the board.
1186
2. A rationale and description of the program and the
1187
services to be provided, including goals and objectives.
1188
3. A method for identification of the juveniles most likely
1189
to be involved in the juvenile justice system who will be the
1190
focus of the program.
1191
4. Provisions for the participation of parents and
1192
guardians in the program.
1193
5. Coordination with other community-based and social
1194
service prevention efforts, including, but not limited to, drug
1195
and alcohol abuse prevention and dropout prevention programs,
1196
that serve the target population or neighborhood.
1197
6. An evaluation component to measure the effectiveness of
1198
the program in accordance with s. 985.632.
1199
7. A program budget, including the amount and sources of
1200
local cash and in-kind resources committed to the budget. The
1201
proposal must establish to the satisfaction of the department
1202
that the entity will make a cash or in-kind contribution to the
1203
program of a value that is at least equal to 20 percent of the
1204
amount of the grant.
1205
8. The necessary program staff.
1206
(b) The department shall consider the following in awarding
1207
such grants:
1208
1. The recommendations of the juvenile justice county
1209
council as to the priority that should be given to proposals
1210
submitted by entities within a county.
1211
2. The recommendations of the juvenile justice circuit
1212
board as to the priority that should be given to proposals
1213
submitted by entities within a circuit.
1214
1215
As the first priority, the department shall fund applications
1216
that meet the requirements of this section and also fulfill the
1217
local juvenile circuit board plans.
1218
(3) RESTRICTIONS.--This section does not prevent a program
1219
initiated under a community juvenile justice partnership grant
1220
established pursuant to this section from continuing to operate
1221
beyond the 3-year maximum funding period if it can find other
1222
funding sources. Likewise, This section does not restrict the
1223
number of programs an entity may apply for or operate.
1224
Section 20. Section 985.721, Florida Statutes, is amended
1225
to read:
1226
985.721 Escapes from secure detention or residential
1227
commitment facility.--An escape from:
1228
(1) Any secure detention facility maintained for the
1229
temporary detention of children, pending adjudication,
1230
disposition, or placement;
1231
(2) Any residential commitment facility described in s.
1233
punishment, or rehabilitation of children found to have committed
1234
delinquent acts or violations of law; or
1235
(3) Lawful transportation to or from any such secure
1236
detention facility or residential commitment facility,
1237
1238
constitutes escape within the intent and meaning of s. 944.40 and
1239
is a felony of the third degree, punishable as provided in s.
1241
Section 21. Section 1006.125, Florida Statutes, is created
1242
to read:
1243
1006.125 Referrals to law enforcement agency; serious
1244
criminal offenses.--
1245
(1) A student who is charged by school authorities with a
1246
violation of the code of student conduct which may also
1247
constitute a serious criminal offense shall be reported to the
1248
law enforcement agency having jurisdiction over the student's
1249
school of attendance. This provision may be satisfied by
1250
providing notice to the appropriate school resource officer of
1251
the charge of violation of the code of student conduct and
1252
discipline code.
1253
(2) As used in this section, a serious criminal offense
1254
includes an offense that would constitute a capital felony, life
1255
felony, first-degree felony, second-degree or third-degree felony
1256
involving a firearm or weapon or violence against another person,
1257
or an offense that poses a serious threat to school safety or the
1258
safety of any individual student or group of students.
1259
(3) Counties may seek reimbursement of secure detention
1260
costs from the school district for detention costs associated
1261
with the referral of a student for an offense other than that
1262
specified in this section at a rate not to exceed the per diem
1263
rate set by the Department of Juvenile Justice pursuant to s.
1264
1265
Section 22. Subsections (1) and (2) of section 1006.13,
1266
Florida Statutes, are amended to read:
1267
1006.13 Policy of zero tolerance for crime and
1268
victimization.--
1269
(1) Each district school board shall adopt a policy of zero
1270
tolerance for:
1271
(a) Crime and substance abuse, including the reporting of
1272
delinquent acts and crimes occurring whenever and wherever
1273
students are under the jurisdiction of the district school board.
1274
(b) Victimization of students, including taking all steps
1275
necessary to protect the victim of any violent crime from any
1276
further victimization.
1277
(2) The zero tolerance policy shall require students found
1278
to have committed one of the following serious criminal offenses
1279
to be expelled, with or without continuing educational services,
1280
from the student's regular school for a period of not less than 1
1281
full year, and to be referred to the criminal justice or juvenile
1282
justice system.
1283
(a) Bringing a firearm or weapon, as defined in chapter
1284
790, to school, to any school function, or onto any school-
1285
sponsored transportation or possessing a firearm at school.
1286
(b) Making a threat or false report, as defined by ss.
1288
personnel's property, school transportation, or a school-
1289
sponsored activity.
1290
1291
District school boards may assign the student to a disciplinary
1292
program for the purpose of continuing educational services during
1293
the period of expulsion. District school superintendents may
1294
consider the 1-year expulsion requirement on a case-by-case basis
1295
and request the district school board to modify the requirement
1296
by assigning the student to a disciplinary program or second
1297
chance school if the request for modification is in writing and
1298
it is determined to be in the best interest of the student and
1299
the school system. If a student committing any of the offenses in
1300
this subsection is a student with a disability, the district
1301
school board shall comply with applicable State Board of
1302
Education rules.
1303
Section 23. For the 2008-2009 fiscal year, the sum of
1304
$50,000 in nonrecurring funds is appropriated from the General
1305
Revenue Fund to the Department of Juvenile Justice for the
1306
purpose of developing curriculum to be used for the certification
1307
of direct care staff of the department.
1308
Section 24. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.