Florida Senate - 2008 CS for CS for SB 700

By the Committees on Judiciary; Criminal Justice; and Senator Crist

590-06962-08 2008700c2

A bill to be entitled

An act relating to juvenile justice; amending s. 29.008,

F.S.; conforming cross-references; amending s. 790.22,

F.S.; revising provisions relating to community service

programs; amending s. 939.185, F.S.; providing diversion

options; amending s. 984.05, F.S., conforming cross-

references; amending s. 984.09, F.S.; deleting duplicative

provisions relating to contempt of court and alternative

sanctions; amending s. 985.02, F.S.; providing diversion

options; amending s. 985.03, F.S.; defining the term

"ordinary medical care"; amending and renumbering

provisions of s. 985.037, F.S., relating to alterative

sanctions; creating s. 985.0375, F.S.; providing for

alternative sanctions; amending s. 985.04, F.S; providing

that confidential information obtained during an

official's service with juvenile delinquents may be shared

with authorized personnel of the Department of Children

and Family Services; amending s. 985.245, F.S.; providing

for additional representatives to be included on the

committee formed to advise the Department of Juvenile

Justice on the risk assessment instrument; requiring

periodic evaluation of the risk assessment instrument;

amending s. 985.265, F.S.; providing an exception to

required supervision in direct supervision housing;

amending s. 985.601, F.S.; requiring the Department of

Juvenile Justice to adopt rules to establish procedures to

provide ordinary medical care, mental health, substance

abuse, and developmental disabilities services to youth

within the juvenile justice continuum; requiring that, to

the extent possible within available fiscal resources, the

procedures must be commensurate with procedures that youth

receive in the community; amending s. 985.606, F.S.;

revising provisions governing data collection; amending s.

985.632, F.S.; authorizing the department to conduct a

demonstration project in order to create an accountable

juvenile justice system that is outcome-based; amending s.

985.644, F.S., relating to departmental contracting

powers; removing references to the Department of Children

and Family Services; amending s. 985.66, F.S.;

transferring the responsibility for the juvenile justice

training program from the Juvenile Justice Standards and

Training Commission to the Department of Juvenile Justice;

requiring the department to adopt rules; amending s.

985.664, F.S., relating to the juvenile justice circuit

boards and juvenile justice county councils; providing a

reference to the Children and Youth Cabinet; requiring

that juvenile justice circuit boards and county councils

participate in facilitating interagency cooperation and

information sharing with certain entities; requiring that

such collaborations specify certain information; providing

requirements for the annual reports required to be

submitted by each juvenile justice circuit board; amending

s. 985.668, F.S.; encouraging each juvenile justice

circuit board, in consultation with the juvenile justice

county council, to propose an innovation zone within the

circuit; amending s. 985.676, F.S.; including the

development and implantation of a strategic plan; amending

s. 985.721, F.S.; conforming a cross-reference; creating

s. 1006.125, F.S.; requiring that a student charged with a

violation of the code of student conduct which constitutes

a serious criminal offense be reported to a law

enforcement agency; amending s. 1006.13, F.S.; removing

the reference of zero tolerance; providing an

appropriation; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

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

100

shall be accounted for separately by the county in which the

101

offense occurred and be used only in the county imposing this

102

cost, to be allocated as follows:

103

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

104

allocated to fund innovations to supplement state funding for the

105

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

106

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

107

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

108

allocated to assist counties in providing legal aid programs

109

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

110

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

111

allocated to fund personnel and legal materials for the public as

112

part of a law library.

113

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

114

used as determined by the board of county commissioners to

115

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

116

juvenile assessment centers, and other juvenile alternative

117

programs that include diversion options for first-time

118

misdemeanant youth or youth 10 years of age or younger.

119

120

Each county receiving funds under this section shall report the

121

amount of funds collected pursuant to this section and an

122

itemized list of expenditures for all authorized programs and

123

activities. The report shall be submitted in a format developed

124

by the Supreme Court to the Governor, the Chief Financial

125

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

126

House of Representatives on a quarterly basis beginning with the

127

quarter ending September 30, 2004. Quarterly reports shall be

128

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

129

unspent funds at the close of the county fiscal year allocated

130

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

131

pursuant to subparagraph 1.

132

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

133

read:

134

984.05 Rules relating to habitual truants; adoption by

135

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

136

Department of Juvenile Justice and the State Board of Education

137

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

138

as necessary for administering the implementation of ss.

139

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

140

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

141

read:

142

984.09 Punishment for contempt of court; alternative

143

sanctions.--

144

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

145

otherwise provided in this section, the court may punish any

146

child for contempt for interfering with the court or with court

147

administration, or for violating any provision of this chapter or

148

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

149

is the intent of the Legislature that the court restrict and

150

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

151

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

152

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

153

into custody and ordered to serve an alternative sanction or

154

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

155

order of the court.

156

(2) PLACEMENT IN A SECURE FACILITY.--

157

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

158

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

159

if alternative sanctions are unavailable or inappropriate, or if

160

the child has already been ordered to serve an alternative

161

sanction but failed to comply with the sanction.

162

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

163

indirect contempt may be placed in a secure detention facility

164

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

165

subsequent offense, or in a secure residential commitment

166

facility.

167

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

168

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

169

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

170

staff-secure shelter or a staff-secure residential facility

171

solely for children in need of services if such placement is

172

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

173

be placed in an appropriate mental health facility or substance

174

abuse facility for assessment. In addition to disposition under

175

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

176

contempt or indirect contempt may be placed in a physically

177

secure setting as provided under s. 984.226 if conditions of

178

eligibility are met.

179

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

180

have an alternative sanctions coordinator who shall serve under

181

the chief administrative judge of the juvenile division of the

182

circuit court, and who shall coordinate and maintain a spectrum

183

of contempt sanction alternatives in conjunction with the circuit

184

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

185

determining that a child has committed direct contempt of court

186

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

187

immediately request the alternative sanctions coordinator to

188

recommend the most appropriate available alternative sanction and

189

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

190

service manual labor or a similar alternative sanction, unless an

191

alternative sanction is unavailable or inappropriate, or unless

192

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

193

Alternative contempt sanctions may be provided by local industry

194

or by any nonprofit organization or any public or private

195

business or service entity that has entered into a contract with

196

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

197

state to provide voluntary supervision of children on behalf of

198

the state in exchange for the manual labor of children and

199

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

200

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

201

SANCTIONS; PROCEDURE AND DUE PROCESS.--

202

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

203

including traffic court, the court may impose an authorized

204

sanction immediately.

205

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

206

the court must hold a hearing within 24 hours to determine

207

whether the child committed indirect contempt of a valid court

208

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

209

provided to the child:

210

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

211

facts supporting the contempt charge.

212

2. Right to an explanation of the nature and the

213

consequences of the proceedings.

214

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

215

counsel appointed by the court if the juvenile is indigent,

216

pursuant to s. 985.033.

217

4. Right to confront witnesses.

218

5. Right to present witnesses.

219

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

220

7. Right to appeal to an appropriate court.

221

222

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

223

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

224

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

225

appropriate for the child to remain in the facility.

226

227

secure facility for punishment for contempt unless the court

228

determines that an alternative sanction is inappropriate or

229

unavailable or that the child was initially ordered to an

230

alternative sanction and did not comply with the alternative

231

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

232

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

233

appropriate before ordering that the child be placed in a secure

234

facility as punishment for contempt of court.

235

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

236

985.037 this section, the court may direct the Department of

237

Highway Safety and Motor Vehicles to withhold issuance of, or

238

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

239

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

240

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

241

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

242

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

243

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

244

contempt is imposed, the court shall extend the period of

245

suspension or revocation by the additional period ordered under

246

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

247

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

248

suspension or revocation ordered under this paragraph shall begin

249

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

250

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

251

privilege is suspended under that section this paragraph, the

252

court may direct the Department of Highway Safety and Motor

253

Vehicles to issue the child a license for driving privileges

254

restricted to business or employment purposes only, as defined in

255

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

256

community service, if the child is otherwise qualified for a

257

license. However, the department may not issue a restricted

258

license unless specifically ordered to do so by the court.

259

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

260

the position of alternative sanctions coordinator within each

261

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

262

sanctions coordinator shall serve under the direction of the

263

chief administrative judge of the juvenile division as directed

264

by the chief judge of the circuit. The alternative sanctions

265

coordinator shall act as the liaison between the judiciary, local

266

department officials, district school board employees, and local

267

law enforcement agencies. The alternative sanctions coordinator

268

shall coordinate within the circuit community-based alternative

269

sanctions, including nonsecure detention programs, community

270

service projects, and other juvenile sanctions, in conjunction

271

with the circuit plan implemented in accordance with s.

272

790.22(4)(c).

273

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

274

Statutes, is amended to read:

275

985.02 Legislative intent for the juvenile justice

276

system.--

277

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

278

policy of the state with respect to juvenile justice and

279

delinquency prevention to first protect the public from acts of

280

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

281

(a) Develop and implement effective methods of preventing

282

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

283

strengthening the family as a whole so that children may remain

284

in their homes or communities.

285

(b) Develop and implement effective programs to prevent

286

delinquency, to divert children from the traditional juvenile

287

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

288

and to provide critically needed alternatives to

289

institutionalization and deep-end commitment.

290

291

and cost-effective programs within the juvenile justice system.

292

(d) Increase the capacity of local governments and public

293

and private agencies to conduct rehabilitative treatment programs

294

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

295

field of juvenile delinquency prevention.

296

(e) Encourage and promote diversion options when

297

appropriate, especially for first-time misdemeanant youth or

298

youth 10 years of age or younger.

299

300

The Legislature intends that detention care, in addition to

301

providing secure and safe custody, will promote the health and

302

well-being of the children committed thereto and provide an

303

environment that fosters their social, emotional, intellectual,

304

and physical development.

305

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

306

Florida Statutes, are redesignated as subsections (40) through

307

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

308

section, to read:

309

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

310

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

311

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

312

are not limited to, inoculations, physical examinations, remedial

313

treatment for minor illnesses and injuries, preventive services,

314

medication management, chronic disease management, and other

315

medical procedures that are administered or performed on a

316

routine basis and that do not involve hospitalization, surgery,

317

or use of general anesthesia.

318

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

319

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

320

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

321

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

322

985.037 Punishment for contempt of court; alternative

323

sanctions.--

324

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

325

punish any child for contempt for interfering with the court or

326

with court administration, or for violating any provision of this

327

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

328

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

329

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

330

facility. A child who commits direct contempt of court or

331

indirect contempt of a valid court order may be taken into

332

custody and ordered to serve an alternative sanction or placed in

333

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

334

court.

335

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

336

in a secure facility for purposes of punishment for contempt of

337

court if alternative sanctions are unavailable or inappropriate,

338

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

339

sanction but failed to comply with the sanction. A delinquent

340

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

341

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

342

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

343

subsequent offense.

344

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

345

PROCESS.--

346

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

347

including traffic court, the court may impose an authorized

348

sanction immediately.

349

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

350

the court must hold a hearing within 24 hours to determine

351

whether the child committed indirect contempt of a valid court

352

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

353

provided to the child:

354

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

355

facts supporting the contempt charge.

356

2. Right to an explanation of the nature and the

357

consequences of the proceedings.

358

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

359

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

360

s. 985.033.

361

4. Right to confront witnesses.

362

5. Right to present witnesses.

363

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

364

7. Right to appeal to an appropriate court.

365

366

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

367

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

368

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

369

appropriate for the child to remain in the facility.

370

371

secure facility for punishment for contempt unless the court

372

determines that an alternative sanction is inappropriate or

373

unavailable or that the child was initially ordered to an

374

alternative sanction and did not comply with the alternative

375

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

376

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

377

appropriate before ordering that the child be placed in a secure

378

facility as punishment for contempt of court.

379

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

380

section, the court may direct the Department of Highway Safety

381

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

382

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

383

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

384

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

385

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

386

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

387

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

388

court shall extend the period of suspension or revocation by the

389

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

390

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

391

contempt is imposed, the period of suspension or revocation

392

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

393

child is otherwise eligible to drive.

394

395

985.0375 Alternative sanctions.--

396

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

397

have an alternative sanctions coordinator who shall serve under

398

the chief administrative judge of the juvenile division of the

399

circuit court, and who shall coordinate and maintain a spectrum

400

of contempt sanction alternatives in conjunction with the circuit

401

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

402

determining that a child has committed direct contempt of court

403

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

404

immediately request the alternative sanctions coordinator to

405

recommend the most appropriate available alternative sanction and

406

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

407

service manual labor or a similar alternative sanction, unless an

408

alternative sanction is unavailable or inappropriate, or unless

409

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

410

Alternative contempt sanctions may be provided by local industry

411

or by any nonprofit organization or any public or private

412

business or service entity that has entered into a contract with

413

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

414

state to provide voluntary supervision of children on behalf of

415

the state in exchange for the manual labor of children and

416

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

417

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

418

the position of alternative sanctions coordinator within each

419

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

420

alternative sanctions coordinator shall serve under the direction

421

of the chief administrative judge of the juvenile division as

422

directed by the chief judge of the circuit. The alternative

423

sanctions coordinator shall act as the liaison between the

424

judiciary, local department officials, district school board

425

employees, and local law enforcement agencies. The alternative

426

sanctions coordinator shall coordinate within the circuit

427

community-based alternative sanctions, including nonsecure

428

detention programs, community service projects, and other

429

juvenile sanctions, to implement s. 790.22(4) in conjunction with

430

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

431

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

432

Florida Statutes, are amended to read:

433

985.04 Oaths; records; confidential information.--

434

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

435

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

436

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

437

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

438

Commission, the Department of Corrections, the juvenile justice

439

circuit boards, any law enforcement agent, or any licensed

440

professional or licensed community agency representative

441

participating in the assessment or treatment of a juvenile is

442

confidential and may be disclosed only to the authorized

443

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

444

Department of Corrections, the Department of Children and Family

445

Services, the Parole Commission, law enforcement agents, school

446

superintendents and their designees, any licensed professional or

447

licensed community agency representative participating in the

448

assessment or treatment of a juvenile, and others entitled under

449

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

450

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

451

district school superintendent, and the department shall enter

452

into an interagency agreement for the purpose of sharing

453

information about juvenile offenders among all parties. The

454

agreement must specify the conditions under which summary

455

criminal history information is to be made available to

456

appropriate school personnel, and the conditions under which

457

school records are to be made available to appropriate department

458

personnel. Such agreement shall require notification to any

459

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

460

juvenile who has been placed in a probation or commitment program

461

for a felony offense. The agencies entering into such agreement

462

must comply with s. 943.0525, and must maintain the

463

confidentiality of information that is otherwise exempt from s.

464

119.07(1), as provided by law.

465

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

466

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

467

may be inspected only upon order of the Secretary of Juvenile

468

Justice or his or her authorized agent by persons who have

469

sufficient reason and upon such conditions for their use and

470

disposition as the secretary or his or her authorized agent deems

471

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

472

other employees of the department who have a need therefor in

473

order to perform their official duties; to other persons as

474

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

475

Department of Corrections and the Department of Children and

476

Family Services. The secretary or his or her authorized agent may

477

permit properly qualified persons to inspect and make abstracts

478

from records for statistical purposes under whatever conditions

479

upon their use and disposition the secretary or his or her

480

authorized agent deems proper, provided adequate assurances are

481

given that children's names and other identifying information

482

will not be disclosed by the applicant.

483

(b) The destruction of records pertaining to children

484

committed to or supervised by the department pursuant to a court

485

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

486

of 24 years or until a serious or habitual delinquent child

487

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

488

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

489

Statutes, is amended to read:

490

985.245 Risk assessment instrument.--

491

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

492

placement determinations and court orders shall be developed by

493

the department in consultation agreement with a committee

494

composed of two representatives appointed by the following

495

associations: the Conference of Circuit Judges of Florida, the

496

Prosecuting Attorneys Association, the Public Defenders

497

Association, the Florida Sheriffs Association, and the Florida

498

Association of Chiefs of Police. Each association shall appoint

499

two individuals, one representing an urban area and one

500

representing a rural area. In addition, the committee shall

501

include two representatives from child advocacy organizations,

502

and two recognized child mental health experts, appointed by the

503

department. The parties involved shall evaluate and revise the

504

risk assessment instrument as is considered necessary using the

505

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

506

instrument shall be evaluated to determine if the instrument

507

contributes to disproportionate minority contact.

508

(b) The risk assessment instrument shall take into

509

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

510

failure to appear, prior offenses, prior history of residential

511

delinquency commitments, offenses committed pending adjudication,

512

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

513

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

514

time the child is taken into custody. The risk assessment

515

instrument shall also take into consideration appropriate

516

aggravating and mitigating circumstances, and shall be designed

517

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

518

risk assessment instrument shall also include any information

519

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

520

assessment shall indicate whether detention care is warranted,

521

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

522

placed into secure, nonsecure, or home detention care.

523

524

detention care placements and court orders shall be validated not

525

later than December 31, 2008, and periodically evaluated

526

thereafter for continued validity.

527

Section 11. Subsection (5) of section 985.265, Florida

528

Statutes, is amended to read:

529

985.265 Detention transfer and release; education; adult

530

jails.--

531

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

532

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

533

(a) When the child has been transferred or indicted for

534

criminal prosecution as an adult under part X, except that the

535

court may not order or allow a child alleged to have committed a

536

misdemeanor who is being transferred for criminal prosecution

537

pursuant to either s. 985.556 or s. 985.557 to be detained or

538

held in a jail or other facility intended or used for the

539

detention of adults; however, such child may be held temporarily

540

in a detention facility; or

541

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

542

by another jurisdiction for prosecution as an adult.

543

544

The child shall be housed separately from adult inmates to

545

prohibit a child from having regular contact with incarcerated

546

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

547

sound contact. Separation of children from adults shall permit no

548

more than haphazard or accidental contact. The receiving jail or

549

other facility shall contain a separate section for children and

550

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

551

activities at all times. Supervision and monitoring of children

552

includes physical observation and documented checks by jail or

553

receiving facility supervisory personnel at intervals not to

554

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

555

hour supervision. This subsection does not prohibit placing two

556

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

557

child be placed in the same cell with an adult.

558

Section 12. Subsection (2) of section 985.601, Florida

559

Statutes, is amended, and paragraph (e) is added to subsection

560

(3) of that section, to read:

561

985.601 Administering the juvenile justice continuum.--

562

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

563

appropriate continuum of care that provides individualized,

564

multidisciplinary assessments, objective evaluations of relative

565

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

566

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

567

facilitate each child being appropriately assessed, provided with

568

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

569

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

570

shall adopt rules establishing procedures to provide ordinary

571

medical care, mental health, substance abuse, and developmental

572

disabilities services to youth within the juvenile justice

573

continuum as defined in s. 985.03.

574

575

The department shall coordinate such rulemaking with other

576

affected agencies to avoid duplication, conflict, or

577

inconsistency.

578

(3)

579

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

580

funded Intensive Delinquency Diversion Services program, counties

581

having nonstate-funded delinquency programs for youth must

582

include diversion options for first-time misdemeanant youth or

583

youth 10 years of age or younger, unless otherwise prohibited.

584

Section 13. Section 985.606, Florida Statutes, is amended

585

to read:

586

985.606 Prevention services providers; outcome performance

587

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

588

receives or uses state appropriations to fund programs, grants,

589

appropriations, or activities that are designed to prevent

590

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

591

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

592

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

593

relative to the outcomes related to performance of such

594

activities and shall provide said data to the Governor, the

595

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

596

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

597

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

598

Florida Statutes, to read:

599

985.632 Quality assurance and cost-effectiveness; outcome-

600

based contracting.--

601

(8) To create an accountable juvenile justice system that

602

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

603

demonstration project using outcome performance-based contracts.

604

During the 2008-2009 fiscal year, the department shall develop,

605

in consultation with the Department of Financial Services and a

606

provider organization that has multiple sites, an implementation

607

plan for outcome-based contracting. Such a plan shall include

608

interim and long-term outcome performance measures, strategies

609

for using financial incentives and disincentives to increase

610

provider performance, a plan to shift oversight and monitoring of

611

providers from a compliance-based approach to a more outcome-

612

based approach, and recommendations of needed legislative action

613

to implement. This plan shall be submitted to the Executive

614

Office of the Governor, the President of the Senate, and the

615

Speaker of the House of Representatives by March 1, 2009.

616

Section 15. Section 985.644, Florida Statutes, is amended

617

to read:

618

985.644 Departmental contracting powers; personnel

619

standards and screening.--

620

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

621

Children and Family Services, as appropriate, may contract with

622

the Federal Government, other state departments and agencies,

623

county and municipal governments and agencies, public and private

624

agencies, and private individuals and corporations in carrying

625

out the purposes of, and the responsibilities established in,

626

this chapter.

627

(a) When the department of Juvenile Justice or the

628

Department of Children and Family Services contracts with a

629

provider for any program for children, all personnel, including

630

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

631

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

632

the either department for services delivered on an appointment or

633

intermittent basis by a provider that does not have regular

634

custodial responsibility for children and each contract with a

635

school for before or aftercare services must ensure that the

636

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

637

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

638

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

639

be screened if the volunteer is under direct and constant

640

supervision by persons who meet the screening requirements.

641

(b) The department of Juvenile Justice and the Department

642

of Children and Family Services shall require employment

643

screening pursuant to chapter 435, using the level 2 standards

644

set forth in that chapter for personnel in programs for children

645

or youths.

646

647

Children and Family Services may grant exemptions from

648

disqualification from working with children as provided in s.

649

435.07.

650

(2) The department may contract with the Federal

651

Government, other state departments and agencies, county and

652

municipal governments and agencies, public and private agencies,

653

and private individuals and corporations in carrying out the

654

purposes and the responsibilities of the delinquency services and

655

programs of the department.

656

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

657

chapter 120 establishing a procedure to provide notice of policy

658

changes that affect contracted delinquency services and programs.

659

A policy is defined as an operational requirement that applies to

660

only the specified contracted delinquency service or program. The

661

procedure must shall include:

662

(a) Public notice of policy development.

663

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

664

665

providers.

666

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

667

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

668

delinquency service or program, all personnel, including all

669

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

670

providing the service or program shall be of good moral

671

character. A volunteer who assists on an intermittent basis for

672

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

673

the volunteer is under direct and constant supervision by persons

674

who meet the screening requirements.

675

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

676

a provider under contract with the department, in delinquency

677

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

678

1. A level 2 employment screening pursuant to chapter 435

679

prior to employment.

680

2. A federal criminal records check by the Federal Bureau

681

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

682

employment.

683

(b) Except for law enforcement, correctional, and

684

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

685

the department shall electronically submit to the Department of

686

Law Enforcement:

687

1. Fingerprint information obtained during the employment

688

screening required by subparagraph (a)1.

689

2. Beginning on December 15, 2005, fingerprint information

690

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

691

under contract with the department, in delinquency facilities,

692

services, or programs if such fingerprint information has not

693

previously been electronically submitted to the Department of Law

694

Enforcement under this paragraph.

695

696

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

697

retained by the Department of Law Enforcement and entered into

698

the statewide automated fingerprint identification system

699

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

700

information shall be available for all purposes and uses

701

authorized for arrest fingerprint information entered into the

702

statewide automated fingerprint identification system pursuant to

703

s. 943.051 until the fingerprint information is removed under

704

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

705

shall search all arrest fingerprint information received pursuant

706

to s. 943.051 against the fingerprint information entered into

707

the statewide automated fingerprint system under pursuant to this

708

subsection. Any arrest records identified as a result of the

709

search shall be reported to the department in the manner and

710

timeframe established by the Department of Law Enforcement by

711

rule.

712

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

713

Department of Law Enforcement for its costs resulting from the

714

fingerprint information retention services required by this

715

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

716

submission and retention of fingerprint information and for the

717

dissemination of search results shall be established by the

718

Department of Law Enforcement by adopting a rule that is

719

applicable to the department individually under pursuant to this

720

subsection or that is applicable to the department and other

721

employing agencies pursuant to rulemaking authority otherwise

722

provided by law.

723

(e) The department shall notify the Department of Law

724

Enforcement when a person whose fingerprint information is

725

retained by the Department of Law Enforcement under this

726

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

727

provider under contract with the department, in a delinquency

728

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

729

the department to the Department of Law Enforcement no later than

730

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

731

status. Fingerprint information for persons identified by the

732

department in the notice shall be removed from the statewide

733

automated fingerprint system.

734

(6) The department may grant exemptions from

735

disqualification from working with children as provided in s.

736

435.07.

737

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

738

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

739

985.66 Juvenile justice training academies; Juvenile

740

Justice Standards and Training Commission; Juvenile Justice

741

Training Trust Fund.--

742

(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE

743

STANDARDS AND TRAINING COMMISSION.--

744

(a) There is created under the Department of Juvenile

745

Justice the Juvenile Justice Standards and Training Commission,

746

hereinafter referred to as the commission. The 17-member

747

commission shall consist of the Attorney General or designee, the

748

Commissioner of Education or designee, a member of the juvenile

749

court judiciary to be appointed by the Chief Justice of the

750

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

751

Juvenile Justice as follows:

752

1. Seven members shall be juvenile justice professionals: a

753

superintendent or a direct care staff member from an institution;

754

a director from a contracted community-based program; a

755

superintendent and a direct care staff member from a regional

756

detention center or facility; a juvenile probation officer

757

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

758

day treatment or conditional release program. No fewer than three

759

of these members shall be contract providers.

760

2. Two members shall be representatives of local law

761

enforcement agencies.

762

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

763

university and community college program of criminology, criminal

764

justice administration, social work, psychology, sociology, or

765

other field of study pertinent to the training of juvenile

766

justice program staff.

767

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

768

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

769

attorney, who has juvenile court experience.

770

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

771

public defender, who has juvenile court experience.

772

7. One member shall be a representative of the business

773

community.

774

775

All appointed members shall be appointed to serve terms of 2

776

years.

777

(b) The composition of the commission shall be broadly

778

reflective of the public and shall include minorities and women.

779

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

780

a socially or economically disadvantaged group that includes

781

blacks, Hispanics, and American Indians.

782

783

commission with staff necessary to assist the commission in the

784

performance of its duties.

785

(d) The commission shall annually elect its chairperson and

786

other officers. The commission shall hold at least four regular

787

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

788

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

789

the members of the commission constitutes a quorum. Members of

790

the commission shall serve without compensation but are entitled

791

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

792

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

793

Justice Training Trust Fund.

794

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

795

commission shall be to:

796

(a)1. Designate the location of the training academies;

797

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

798

used in the training of delinquency juvenile justice program

799

staff; establish timeframes for participation in and completion

800

of training by delinquency juvenile justice program staff;

801

develop, implement, maintain, and update job-related

802

examinations; develop, implement, and update the types and

803

frequencies of evaluations of the training academies; approve,

804

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

805

the contractor to be selected to organize and operate the

806

training academies and to provide the training curriculum.

807

(b)2. Establish uniform minimum job-related training

808

courses and examinations for delinquency juvenile justice program

809

staff.

810

811

subdivision; any private entity or contractor; and with private

812

and public universities, colleges, community colleges, and other

813

educational institutions concerning the development of juvenile

814

justice training and programs or courses of instruction,

815

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

816

areas of juvenile justice.

817

(d)4. Enter into With the approval of the department, make

818

and enter into such contracts and agreements with other agencies,

819

organizations, associations, corporations, individuals, or

820

federal agencies as the commission determines are necessary in

821

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

822

5. Make recommendations to the Department of Juvenile

823

Justice concerning any matter within the purview of this section.

824

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

825

commission shall establish a certifiable program for juvenile

826

justice training pursuant to this section, and all delinquency

827

department program staff and providers who deliver direct care

828

services pursuant to contract with the department shall be

829

required to participate in and successfully complete the

830

commission-approved program of training pertinent to their areas

831

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

832

law enforcement officers, and school district personnel may

833

participate in such training program. For the delinquency

834

juvenile justice program staff, the department commission shall,

835

based on a job-task analysis:

836

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

837

basic training program, including a competency-based examination,

838

for the purpose of providing minimum employment training

839

qualifications for all delinquency program staff juvenile justice

840

personnel. All delinquency program staff of the department and

841

providers who deliver direct-care services who are hired after

842

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

843

1. Be at least 19 years of age.

844

2. Be a high school graduate or its equivalent as

845

determined by the department commission.

846

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

847

involving perjury or a false statement, or have received a

848

dishonorable discharge from any of the Armed Forces of the United

849

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

850

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

851

misdemeanor involving perjury or false statement is not eligible

852

for employment, notwithstanding suspension of sentence or

853

withholding of adjudication. Notwithstanding this subparagraph,

854

any person who pled nolo contendere to a misdemeanor involving a

855

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

856

record of that plea sealed or expunged is not ineligible for

857

employment for that reason.

858

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

859

fingerprinting and background investigations and other screening

860

requirements for personnel.

861

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

862

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

863

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

864

executed under oath and constitutes an official statement under

865

s. 837.06. The affidavit must include conspicuous language that

866

the intentional false execution of the affidavit constitutes a

867

misdemeanor of the second degree. The employing agency shall

868

retain the affidavit.

869

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

870

advanced training program, including a competency-based

871

examination for each training course, which is intended to

872

enhance knowledge, skills, and abilities related to job

873

performance.

874

875

career development training program, including a competency-based

876

examination for each training course. Career development courses

877

are intended to prepare personnel for promotion.

878

(d) The department commission is encouraged to design,

879

implement, maintain, evaluate, and revise juvenile justice

880

training courses, or to enter into contracts for such training

881

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

882

being of both citizens and juvenile offenders.

883

(4) JUVENILE JUSTICE TRAINING TRUST FUND.--

884

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

885

Justice Training Trust Fund to be used by the Department of

886

Juvenile Justice for the purpose of funding the development and

887

updating of a job-task analysis of delinquency program staff

888

juvenile justice personnel; the development, implementation, and

889

updating of job-related training courses and examinations; and

890

the cost of commission-approved juvenile justice training

891

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

892

for members of the commission and staff.

893

(b) One dollar from every noncriminal traffic infraction

894

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

895

deposited into the Juvenile Justice Training Trust Fund.

896

897

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

898

source.

899

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

900

cycle or through a supplemental budget approved by the department

901

shall revert to the trust fund.

902

(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

903

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

904

justice training academies shall be determined by the department

905

commission.

906

(6) SCHOLARSHIPS AND STIPENDS.--

907

(a) By rule, the department commission shall establish

908

criteria to award scholarships or stipends to qualified

909

delinquency program staff juvenile justice personnel who are

910

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

911

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

912

The department shall handle the administration of the scholarship

913

or stipend. The Department of Education shall handle the notes

914

issued for the payment of the scholarships or stipends. All

915

scholarship and stipend awards shall be paid from the Juvenile

916

Justice Training Trust Fund upon vouchers approved by the

917

Department of Education and properly certified by the Chief

918

Financial Officer. Prior to the award of a scholarship or

919

stipend, the delinquency program staff juvenile justice employee

920

must agree in writing to practice her or his profession in

921

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

922

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

923

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

924

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

925

the state for deposit into the Juvenile Justice Training Trust

926

Fund.

927

(b) The department commission may establish the scholarship

928

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

929

1996.

930

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

931

adopt rules as necessary to carry out the provisions of this

932

section.

933

(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

934

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

935

Risk Management of the Department of Financial Services is

936

authorized to insure a private agency, individual, or corporation

937

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

938

out the purposes and responsibilities of any program of the

939

department. The coverage authorized herein shall be under the

940

same general terms and conditions as the department is insured

941

for its responsibilities under chapter 284.

942

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

943

staff" means supervisory and direct care staff of a delinquency

944

program as well as support staff who have direct contact with

945

children in a delinquency program that is owned and operated by

946

the department. The Juvenile Justice Standards and Training

947

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

948

shall be reviewed by the Legislature prior to that date.

949

Section 17. Section 985.664, Florida Statutes, is amended

950

to read:

951

985.664 Juvenile justice circuit boards and juvenile

952

justice county councils.--

953

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

954

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

955

justice county council to be established in each of the 67

956

counties. The purpose of each juvenile justice circuit board and

957

each juvenile justice county council is to provide advice and

958

direction to the department and the Children and Youth Cabinet in

959

the development and implementation of juvenile justice programs

960

and to work collaboratively with the department in seeking

961

program improvements and policy changes to address the emerging

962

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

963

delinquency.

964

(2) Each juvenile justice county council shall develop a

965

juvenile justice prevention and early intervention plan for the

966

county and shall collaborate with the circuit board and other

967

county councils assigned to that circuit in the development of a

968

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

969

council and board shall make provision for continual monitoring

970

to identify and remedy disproportionate minority contact with the

971

juvenile justice system. The Children and Youth Cabinet shall

972

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

973

(3) Juvenile justice circuit boards and county councils

974

shall also participate in facilitating interagency cooperation

975

and information sharing with local school authorities, law

976

enforcement agencies, state attorneys, public defenders, judicial

977

entities, local representatives of the department, the Department

978

of Children and Family Services, and faith-based and community-

979

based organizations for the purposes of forwarding the goals of

980

the county or circuit plan. Such interagency collaborations shall

981

specify how the community's entities will cooperate, collaborate,

982

and share information to achieve the goals of the juvenile

983

justice prevention and early intervention plan or the

984

comprehensive plan for the circuit.

985

(4) Juvenile justice circuit boards and county councils may

986

apply for and receive public or private grants to be administered

987

by one of the community partners that support one or more

988

components of the county or circuit plan.

989

(5) Juvenile justice circuit boards and county councils

990

shall advise and assist the department in the evaluation and

991

award of prevention and early intervention grant programs,

992

including the Community Juvenile Justice Partnership Grant

993

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

994

Children license plate annual use fees.

995

(6) Each juvenile justice circuit board shall provide an

996

annual report to the department and to the Children and Youth

997

Cabinet describing the activities of the circuit board and each

998

of the county councils contained within its circuit. Such reports

999

must be agreed upon and signed by each acting chair of the board

1000

and council and submitted to the Children and Youth Cabinet

1001

through the department secretary or the secretary's designee. The

1002

department may prescribe a format and content requirements for

1003

submission of annual reports.

1004

(7) Membership of the juvenile justice circuit board may

1005

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

1006

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

1007

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

1008

designees. The remaining 15 members of the board must be

1009

appointed by the county councils within that circuit. The board

1010

where possible must be composed of an equitable number of members

1011

include at least one representative from each county council

1012

within the circuit, taking into account differences in

1013

population. In appointing members to the circuit board, the

1014

county councils must reflect:

1015

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

1016

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

1017

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

1018

the Department of Children and Family Services.

1019

1020

(d) Representation from residents of the targeted high-

1021

crime zip code communities as identified by the department and

1022

based on referral rates within the county.

1023

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

1024

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

1025

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

1026

than three in order to adequately reflect the diversity of the

1027

population and community organizations or agencies in the

1028

circuit.

1029

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

1030

circuit board may establish its membership in accordance with

1031

subsection (10). For juvenile justice circuit boards organized

1032

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

1033

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

1034

members of the circuit board.

1035

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

1036

juvenile justice circuit boards established under subsection (9),

1037

must include representation from residents of the targeted high-

1038

crime zip code communities as identified by the department and

1039

based on referral rates within the county and may also include

1040

representatives from the following entities:

1041

(a) Representatives from the school district, which may

1042

include elected school board officials, the school

1043

superintendent, school or district administrators, teachers, and

1044

counselors.

1045

(b) Representatives of the board of county commissioners.

1046

1047

municipalities within the county.

1048

(d) A representative of the corresponding circuit or

1049

regional entity of the Department of Children and Family

1050

Services.

1051

(e) Representatives of local law enforcement agencies,

1052

including the sheriff or the sheriff's designee.

1053

(f) Representatives of the judicial system.

1054

(g) Representatives of the business community.

1055

(h) Representatives of other interested officials, groups,

1056

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

1057

council, public or private providers of juvenile justice programs

1058

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

1059

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

1060

voting membership.

1061

(i) Representatives of the faith community.

1062

(j) Representatives of victim-service programs and victims

1063

of crimes.

1064

(k) Representatives of the Department of Corrections.

1065

(11) Each juvenile justice county council, or juvenile

1066

justice circuit board established under subsection (9), must

1067

provide for the establishment of an executive committee of not

1068

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

1069

committee must be addressed in the bylaws.

1070

(12) Each juvenile justice circuit board and county council

1071

shall develop bylaws that provide for officers and committees as

1072

the board or council deems necessary and shall specify the

1073

qualifications, method of selection, and term for each office

1074

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

1075

process for appointments to the board or council; election or

1076

appointment of officers; filling of vacant positions; duration of

1077

member terms; provisions for voting; meeting attendance

1078

requirements; and the establishment and duties of an executive

1079

committee, if required under subsection (11).

1080

(13) The secretary shall meet at least annually,

1081

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

1082

chair of the juvenile justice circuit boards and the Children and

1083

Youth Cabinet in order to:

1084

1. Advise juvenile justice circuit board chairs of

1085

statewide juvenile justice issues and activities.

1086

2. Provide and receive comments on prevention and

1087

intervention program budget priorities.

1088

3. Provide and receive comments on the planning process.

1089

4. Discuss program development, program implementation,

1090

quality assurance, and program outcomes.

1091

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

1092

county councils are subject to the provisions of part III of

1093

chapter 112.

1094

(15) Juvenile justice circuit boards and county councils

1095

shall use due diligence in notifying the community of board

1096

vacancies through various community outreach outlets such as

1097

community newspapers, churches, and free public announcements.

1098

Section 18. Section 985.668, Florida Statutes, is amended

1099

to read:

1100

985.668 Innovation zones.--The department shall encourage

1101

each of the juvenile justice circuit boards, in consultation with

1102

the juvenile justice county council within the circuit, to

1103

propose at least one innovation zone within the circuit for the

1104

purpose of implementing any experimental, pilot, or demonstration

1105

project that furthers the legislatively established goals of the

1106

department. An innovation zone is a defined geographic area such

1107

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

1108

delivery area, school campus, or neighborhood providing a

1109

laboratory for the research, development, and testing of the

1110

applicability and efficacy of model programs, policy options, and

1111

new technologies for the department.

1112

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

1113

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

1114

of the proposed innovation zone is to demonstrate that specific

1115

statutory goals can be achieved more effectively by using

1116

procedures that require modification of existing rules, policies,

1117

or procedures, the proposal may request the secretary to waive

1118

such existing rules, policies, or procedures or to otherwise

1119

authorize use of alternative procedures or practices. Waivers of

1120

such existing rules, policies, or procedures must comply with

1121

applicable state or federal law.

1122

(b) For innovation zone proposals that the secretary

1123

determines require changes to state law, the secretary may submit

1124

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

1125

changes to state law, to the chairs of the appropriate

1126

legislative committees for consideration.

1127

1128

determines require waiver of federal law, the secretary may

1129

submit a request for such waivers to the applicable federal

1130

agency.

1131

(2) An innovation zone project may not have a duration of

1132

more than 2 years, but the secretary may grant an extension.

1133

(3) Before implementing an innovation zone under this

1134

subsection, the secretary shall, in conjunction with the Office

1135

of Program Policy Analysis and Government Accountability, develop

1136

measurable and valid objectives for such zone within a negotiated

1137

reasonable period of time. Moneys designated for an innovation

1138

zone in one operating circuit may not be used to fund an

1139

innovation zone in another operating circuit.

1140

(4) Program models for innovation zone projects include,

1141

but are not limited to:

1142

(a) A forestry alternative work program that provides

1143

selected juvenile offenders an opportunity to serve in a forestry

1144

work program as an alternative to incarceration, in which

1145

offenders assist in wildland firefighting, enhancement of state

1146

land management, environmental enhancement, and land restoration.

1147

(b) A collaborative public/private dropout prevention

1148

partnership that trains personnel from both the public and

1149

private sectors of a target community who are identified and

1150

brought into the school system as an additional resource for

1151

addressing problems which inhibit and retard learning, including

1152

abuse, neglect, financial instability, pregnancy, and substance

1153

abuse.

1154

1155

disadvantaged youth with support services, jobs, training,

1156

counseling, mentoring, and prepaid postsecondary tuition

1157

scholarships.

1158

(d) A juvenile offender job training program that offers an

1159

opportunity for juvenile offenders to develop educational and job

1160

skills in a 12-month to 18-month nonresidential training program,

1161

teaching the offenders skills such as computer-aided design,

1162

modular panel construction, and heavy vehicle repair and

1163

maintenance which will readily transfer to the private sector,

1164

thereby promoting responsibility and productivity.

1165

(e) An infant mortality prevention program that is designed

1166

to discourage unhealthy behaviors such as smoking and alcohol or

1167

drug consumption, reduce the incidence of babies born prematurely

1168

or with low birth weight, reduce health care cost by enabling

1169

babies to be safely discharged earlier from the hospital, reduce

1170

the incidence of child abuse and neglect, and improve parenting

1171

and problem-solving skills.

1172

(f) A regional crime prevention and intervention program

1173

that serves as an umbrella agency to coordinate and replicate

1174

existing services to at-risk children, first-time juvenile

1175

offenders, youth crime victims, and school dropouts.

1176

(g) An alternative education outreach school program that

1177

serves delinquent repeat offenders between 14 and 18 years of age

1178

who have demonstrated failure in school and who are referred by

1179

the juvenile court.

1180

(h) A drug treatment and prevention program that provides

1181

early identification of children with alcohol or drug problems to

1182

facilitate treatment, comprehensive screening and assessment,

1183

family involvement, and placement options.

1184

(i) A community resource mother or father program that

1185

emphasizes parental responsibility for the behavior of children,

1186

and requires the availability of counseling services for children

1187

at high risk for delinquent behavior.

1188

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

1189

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

1190

985.676 Community juvenile justice partnership grants.--

1191

(2) GRANT APPLICATION PROCEDURES.--

1192

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

1193

juvenile justice partnership grant, which may be renewed for a

1194

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

1195

shall submit a grant proposal for funding or continued funding to

1196

the department. The department shall establish the grant

1197

application procedures. In order to be considered for funding,

1198

the grant proposal shall include the following assurances and

1199

information:

1200

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

1201

board confirming that the grant application has been reviewed and

1202

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

1203

justice plan as developed by the board.

1204

2. A rationale and description of the program and the

1205

services to be provided, including goals and objectives.

1206

3. A method for identification of the juveniles most likely

1207

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

1208

focus of the program.

1209

4. Provisions for the participation of parents and

1210

guardians in the program.

1211

5. Coordination with other community-based and social

1212

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

1213

and alcohol abuse prevention and dropout prevention programs,

1214

that serve the target population or neighborhood.

1215

6. An evaluation component to measure the effectiveness of

1216

the program in accordance with s. 985.632.

1217

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

1218

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

1219

proposal must establish to the satisfaction of the department

1220

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

1221

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

1222

amount of the grant.

1223

8. The necessary program staff.

1224

(b) The department shall consider the following in awarding

1225

such grants:

1226

1. The recommendations of the juvenile justice county

1227

council as to the priority that should be given to proposals

1228

submitted by entities within a county.

1229

2. The recommendations of the juvenile justice circuit

1230

board as to the priority that should be given to proposals

1231

submitted by entities within a circuit.

1232

1233

As the first priority, the department shall fund applications

1234

that meet the requirements of this section and also fulfill the

1235

local juvenile justice circuit board and county council plans.

1236

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

1237

initiated under a community juvenile justice partnership grant

1238

established pursuant to this section from continuing to operate

1239

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

1240

funding sources. Likewise, This section does not restrict the

1241

number of programs an entity may apply for or operate.

1242

Section 20. Section 985.721, Florida Statutes, is amended

1243

to read:

1244

985.721 Escapes from secure detention or residential

1245

commitment facility.--An escape from:

1246

(1) Any secure detention facility maintained for the

1247

temporary detention of children, pending adjudication,

1248

disposition, or placement;

1249

(2) Any residential commitment facility described in s.

1250

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

1251

punishment, or rehabilitation of children found to have committed

1252

delinquent acts or violations of law; or

1253

(3) Lawful transportation to or from any such secure

1254

detention facility or residential commitment facility,

1255

1256

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

1257

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

1258

775.082, s. 775.083, or s. 775.084.

1259

Section 21. Section 1006.125, Florida Statutes, is created

1260

to read:

1261

1006.125 Referrals to law enforcement agency; serious

1262

criminal offenses.--

1263

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

1264

violation of the code of student conduct which may also

1265

constitute a serious criminal offense shall be reported to the

1266

law enforcement agency having jurisdiction over the student's

1267

school of attendance. This provision may be satisfied by

1268

providing notice to the appropriate school resource officer of

1269

the charge of violation of the code of student conduct and

1270

discipline code.

1271

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

1272

includes an offense that would constitute a capital felony, life

1273

felony, first-degree felony, second-degree or third-degree felony

1274

involving a firearm or weapon or violence against another person,

1275

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

1276

safety of any individual student or group of students.

1277

(3) Counties may seek reimbursement of secure detention

1278

costs from the school district for detention costs associated

1279

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

1280

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

1281

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

1282

985.686.

1283

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

1284

Florida Statutes, are amended to read:

1285

1006.13 Policy of zero tolerance for crime and

1286

victimization.--

1287

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

1288

tolerance for:

1289

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

1290

delinquent acts and crimes occurring whenever and wherever

1291

students are under the jurisdiction of the district school board.

1292

(b) Victimization of students, including taking all steps

1293

necessary to protect the victim of any violent crime from any

1294

further victimization.

1295

(2) The zero tolerance policy shall require students found

1296

to have committed one of the following serious criminal offenses

1297

to be expelled, with or without continuing educational services,

1298

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

1299

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

1300

justice system.

1301

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

1302

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

1303

sponsored transportation or possessing a firearm at school.

1304

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

1305

790.162 and 790.163, respectively, involving school or school

1306

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

1307