Florida Senate - 2008 CS for CS for CS for SB 700

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

604-08321-08 2008700c3

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; amending

s. 1006.13, F.S.; removing the reference of zero

tolerance; 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

shall be accounted for separately by the county in which the

offense occurred and be used only in the county imposing this

cost, to be allocated as follows:

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

100

allocated to fund innovations to supplement state funding for the

101

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

102

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

103

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

104

allocated to assist counties in providing legal aid programs

105

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

106

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

107

allocated to fund personnel and legal materials for the public as

108

part of a law library.

109

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

110

used as determined by the board of county commissioners to

111

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

112

juvenile assessment centers, and other juvenile alternative

113

programs that include diversion options for first-time

114

misdemeanant youth or youth 10 years of age or younger.

115

116

Each county receiving funds under this section shall report the

117

amount of funds collected pursuant to this section and an

118

itemized list of expenditures for all authorized programs and

119

activities. The report shall be submitted in a format developed

120

by the Supreme Court to the Governor, the Chief Financial

121

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

122

House of Representatives on a quarterly basis beginning with the

123

quarter ending September 30, 2004. Quarterly reports shall be

124

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

125

unspent funds at the close of the county fiscal year allocated

126

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

127

pursuant to subparagraph 1.

128

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

129

read:

130

984.05 Rules relating to habitual truants; adoption by

131

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

132

Department of Juvenile Justice and the State Board of Education

133

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

134

as necessary for administering the implementation of ss.

135

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

136

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

137

read:

138

984.09 Punishment for contempt of court; alternative

139

sanctions.--

140

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

141

otherwise provided in this section, the court may punish any

142

child for contempt for interfering with the court or with court

143

administration, or for violating any provision of this chapter or

144

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

145

is the intent of the Legislature that the court restrict and

146

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

147

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

148

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

149

into custody and ordered to serve an alternative sanction or

150

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

151

order of the court.

152

(2) PLACEMENT IN A SECURE FACILITY.--

153

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

154

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

155

if alternative sanctions are unavailable or inappropriate, or if

156

the child has already been ordered to serve an alternative

157

sanction but failed to comply with the sanction.

158

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

159

indirect contempt may be placed in a secure detention facility

160

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

161

subsequent offense, or in a secure residential commitment

162

facility.

163

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

164

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

165

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

166

staff-secure shelter or a staff-secure residential facility

167

solely for children in need of services if such placement is

168

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

169

be placed in an appropriate mental health facility or substance

170

abuse facility for assessment. In addition to disposition under

171

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

172

contempt or indirect contempt may be placed in a physically

173

secure setting as provided under s. 984.226 if conditions of

174

eligibility are met.

175

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

176

have an alternative sanctions coordinator who shall serve under

177

the chief administrative judge of the juvenile division of the

178

circuit court, and who shall coordinate and maintain a spectrum

179

of contempt sanction alternatives in conjunction with the circuit

180

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

181

determining that a child has committed direct contempt of court

182

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

183

immediately request the alternative sanctions coordinator to

184

recommend the most appropriate available alternative sanction and

185

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

186

service manual labor or a similar alternative sanction, unless an

187

alternative sanction is unavailable or inappropriate, or unless

188

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

189

Alternative contempt sanctions may be provided by local industry

190

or by any nonprofit organization or any public or private

191

business or service entity that has entered into a contract with

192

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

193

state to provide voluntary supervision of children on behalf of

194

the state in exchange for the manual labor of children and

195

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

196

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

197

SANCTIONS; PROCEDURE AND DUE PROCESS.--

198

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

199

including traffic court, the court may impose an authorized

200

sanction immediately.

201

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

202

the court must hold a hearing within 24 hours to determine

203

whether the child committed indirect contempt of a valid court

204

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

205

provided to the child:

206

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

207

facts supporting the contempt charge.

208

2. Right to an explanation of the nature and the

209

consequences of the proceedings.

210

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

211

counsel appointed by the court if the juvenile is indigent,

212

pursuant to s. 985.033.

213

4. Right to confront witnesses.

214

5. Right to present witnesses.

215

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

216

7. Right to appeal to an appropriate court.

217

218

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

219

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

220

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

221

appropriate for the child to remain in the facility.

222

223

secure facility for punishment for contempt unless the court

224

determines that an alternative sanction is inappropriate or

225

unavailable or that the child was initially ordered to an

226

alternative sanction and did not comply with the alternative

227

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

228

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

229

appropriate before ordering that the child be placed in a secure

230

facility as punishment for contempt of court.

231

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

232

985.037 this section, the court may direct the Department of

233

Highway Safety and Motor Vehicles to withhold issuance of, or

234

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

235

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

236

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

237

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

238

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

239

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

240

contempt is imposed, the court shall extend the period of

241

suspension or revocation by the additional period ordered under

242

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

243

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

244

suspension or revocation ordered under this paragraph shall begin

245

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

246

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

247

privilege is suspended under that section this paragraph, the

248

court may direct the Department of Highway Safety and Motor

249

Vehicles to issue the child a license for driving privileges

250

restricted to business or employment purposes only, as defined in

251

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

252

community service, if the child is otherwise qualified for a

253

license. However, the department may not issue a restricted

254

license unless specifically ordered to do so by the court.

255

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

256

the position of alternative sanctions coordinator within each

257

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

258

sanctions coordinator shall serve under the direction of the

259

chief administrative judge of the juvenile division as directed

260

by the chief judge of the circuit. The alternative sanctions

261

coordinator shall act as the liaison between the judiciary, local

262

department officials, district school board employees, and local

263

law enforcement agencies. The alternative sanctions coordinator

264

shall coordinate within the circuit community-based alternative

265

sanctions, including nonsecure detention programs, community

266

service projects, and other juvenile sanctions, in conjunction

267

with the circuit plan implemented in accordance with s.

268

790.22(4)(c).

269

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

270

Statutes, is amended to read:

271

985.02 Legislative intent for the juvenile justice

272

system.--

273

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

274

policy of the state with respect to juvenile justice and

275

delinquency prevention to first protect the public from acts of

276

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

277

(a) Develop and implement effective methods of preventing

278

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

279

strengthening the family as a whole so that children may remain

280

in their homes or communities.

281

(b) Develop and implement effective programs to prevent

282

delinquency, to divert children from the traditional juvenile

283

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

284

and to provide critically needed alternatives to

285

institutionalization and deep-end commitment.

286

287

and cost-effective programs within the juvenile justice system.

288

(d) Increase the capacity of local governments and public

289

and private agencies to conduct rehabilitative treatment programs

290

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

291

field of juvenile delinquency prevention.

292

(e) Encourage and promote diversion options when

293

appropriate, especially for first-time misdemeanant youth or

294

youth 10 years of age or younger.

295

296

The Legislature intends that detention care, in addition to

297

providing secure and safe custody, will promote the health and

298

well-being of the children committed thereto and provide an

299

environment that fosters their social, emotional, intellectual,

300

and physical development.

301

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

302

Florida Statutes, are redesignated as subsections (40) through

303

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

304

section, to read:

305

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

306

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

307

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

308

are not limited to, inoculations, physical examinations, remedial

309

treatment for minor illnesses and injuries, preventive services,

310

medication management, chronic disease management, and other

311

medical procedures that are administered or performed on a

312

routine basis and that do not involve hospitalization, surgery,

313

or use of general anesthesia.

314

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

315

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

316

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

317

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

318

985.037 Punishment for contempt of court; alternative

319

sanctions.--

320

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

321

punish any child for contempt for interfering with the court or

322

with court administration, or for violating any provision of this

323

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

324

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

325

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

326

facility. A child who commits direct contempt of court or

327

indirect contempt of a valid court order may be taken into

328

custody and ordered to serve an alternative sanction or placed in

329

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

330

court.

331

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

332

in a secure facility for purposes of punishment for contempt of

333

court if alternative sanctions are unavailable or inappropriate,

334

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

335

sanction but failed to comply with the sanction. A delinquent

336

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

337

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

338

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

339

subsequent offense.

340

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

341

PROCESS.--

342

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

343

including traffic court, the court may impose an authorized

344

sanction immediately.

345

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

346

the court must hold a hearing within 24 hours to determine

347

whether the child committed indirect contempt of a valid court

348

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

349

provided to the child:

350

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

351

facts supporting the contempt charge.

352

2. Right to an explanation of the nature and the

353

consequences of the proceedings.

354

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

355

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

356

s. 985.033.

357

4. Right to confront witnesses.

358

5. Right to present witnesses.

359

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

360

7. Right to appeal to an appropriate court.

361

362

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

363

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

364

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

365

appropriate for the child to remain in the facility.

366

367

secure facility for punishment for contempt unless the court

368

determines that an alternative sanction is inappropriate or

369

unavailable or that the child was initially ordered to an

370

alternative sanction and did not comply with the alternative

371

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

372

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

373

appropriate before ordering that the child be placed in a secure

374

facility as punishment for contempt of court.

375

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

376

section, the court may direct the Department of Highway Safety

377

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

378

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

379

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

380

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

381

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

382

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

383

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

384

court shall extend the period of suspension or revocation by the

385

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

386

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

387

contempt is imposed, the period of suspension or revocation

388

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

389

child is otherwise eligible to drive.

390

985.0375 Alternative sanctions.--

391

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

392

have an alternative sanctions coordinator who shall serve under

393

the chief administrative judge of the juvenile division of the

394

circuit court, and who shall coordinate and maintain a spectrum

395

of contempt sanction alternatives in conjunction with the circuit

396

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

397

determining that a child has committed direct contempt of court

398

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

399

immediately request the alternative sanctions coordinator to

400

recommend the most appropriate available alternative sanction and

401

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

402

service manual labor or a similar alternative sanction, unless an

403

alternative sanction is unavailable or inappropriate, or unless

404

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

405

Alternative contempt sanctions may be provided by local industry

406

or by any nonprofit organization or any public or private

407

business or service entity that has entered into a contract with

408

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

409

state to provide voluntary supervision of children on behalf of

410

the state in exchange for the manual labor of children and

411

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

412

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

413

the position of alternative sanctions coordinator within each

414

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

415

alternative sanctions coordinator shall serve under the direction

416

of the chief administrative judge of the juvenile division as

417

directed by the chief judge of the circuit. The alternative

418

sanctions coordinator shall act as the liaison between the

419

judiciary, local department officials, district school board

420

employees, and local law enforcement agencies. The alternative

421

sanctions coordinator shall coordinate within the circuit

422

community-based alternative sanctions, including nonsecure

423

detention programs, community service projects, and other

424

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

425

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

426

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

427

Florida Statutes, are amended to read:

428

985.04 Oaths; records; confidential information.--

429

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

430

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

431

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

432

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

433

Commission, the Department of Corrections, the juvenile justice

434

circuit boards, any law enforcement agent, or any licensed

435

professional or licensed community agency representative

436

participating in the assessment or treatment of a juvenile is

437

confidential and may be disclosed only to the authorized

438

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

439

Department of Corrections, the Department of Children and Family

440

Services, the Parole Commission, law enforcement agents, school

441

superintendents and their designees, any licensed professional or

442

licensed community agency representative participating in the

443

assessment or treatment of a juvenile, and others entitled under

444

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

445

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

446

district school superintendent, and the department shall enter

447

into an interagency agreement for the purpose of sharing

448

information about juvenile offenders among all parties. The

449

agreement must specify the conditions under which summary

450

criminal history information is to be made available to

451

appropriate school personnel, and the conditions under which

452

school records are to be made available to appropriate department

453

personnel. Such agreement shall require notification to any

454

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

455

juvenile who has been placed in a probation or commitment program

456

for a felony offense. The agencies entering into such agreement

457

must comply with s. 943.0525, and must maintain the

458

confidentiality of information that is otherwise exempt from s.

459

119.07(1), as provided by law.

460

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

461

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

462

may be inspected only upon order of the Secretary of Juvenile

463

Justice or his or her authorized agent by persons who have

464

sufficient reason and upon such conditions for their use and

465

disposition as the secretary or his or her authorized agent deems

466

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

467

other employees of the department who have a need therefor in

468

order to perform their official duties; to other persons as

469

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

470

Department of Corrections and the Department of Children and

471

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

472

permit properly qualified persons to inspect and make abstracts

473

from records for statistical purposes under whatever conditions

474

upon their use and disposition the secretary or his or her

475

authorized agent deems proper, provided adequate assurances are

476

given that children's names and other identifying information

477

will not be disclosed by the applicant.

478

(b) The destruction of records pertaining to children

479

committed to or supervised by the department pursuant to a court

480

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

481

of 24 years or until a serious or habitual delinquent child

482

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

483

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

484

Statutes, is amended to read:

485

985.245 Risk assessment instrument.--

486

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

487

placement determinations and court orders shall be developed by

488

the department in consultation agreement with a committee

489

composed of two representatives appointed by the following

490

associations: the Conference of Circuit Judges of Florida, the

491

Prosecuting Attorneys Association, the Public Defenders

492

Association, the Florida Sheriffs Association, and the Florida

493

Association of Chiefs of Police. Each association shall appoint

494

two individuals, one representing an urban area and one

495

representing a rural area. In addition, the committee shall

496

include two representatives from child advocacy organizations,

497

and two recognized child mental health experts, appointed by the

498

department. The parties involved shall evaluate and revise the

499

risk assessment instrument as is considered necessary using the

500

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

501

instrument shall be evaluated to determine if the instrument

502

contributes to disproportionate minority contact.

503

(b) The risk assessment instrument shall take into

504

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

505

failure to appear, prior offenses, prior history of residential

506

delinquency commitments, offenses committed pending adjudication,

507

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

508

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

509

time the child is taken into custody. The risk assessment

510

instrument shall also take into consideration appropriate

511

aggravating and mitigating circumstances, and shall be designed

512

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

513

risk assessment instrument shall also include any information

514

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

515

assessment shall indicate whether detention care is warranted,

516

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

517

placed into secure, nonsecure, or home detention care.

518

519

detention care placements and court orders shall be validated not

520

later than December 31, 2008, and periodically evaluated

521

thereafter for continued validity.

522

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

523

Statutes, is amended to read:

524

985.265 Detention transfer and release; education; adult

525

jails.--

526

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

527

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

528

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

529

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

530

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

531

misdemeanor who is being transferred for criminal prosecution

532

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

533

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

534

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

535

in a detention facility; or

536

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

537

by another jurisdiction for prosecution as an adult.

538

539

The child shall be housed separately from adult inmates to

540

prohibit a child from having regular contact with incarcerated

541

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

542

sound contact. Separation of children from adults shall permit no

543

more than haphazard or accidental contact. The receiving jail or

544

other facility shall contain a separate section for children and

545

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

546

activities at all times. Supervision and monitoring of children

547

includes physical observation and documented checks by jail or

548

receiving facility supervisory personnel at intervals not to

549

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

550

hour supervision. This subsection does not prohibit placing two

551

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

552

child be placed in the same cell with an adult.

553

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

554

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

555

(3) of that section, to read:

556

985.601 Administering the juvenile justice continuum.--

557

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

558

appropriate continuum of care that provides individualized,

559

multidisciplinary assessments, objective evaluations of relative

560

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

561

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

562

facilitate each child being appropriately assessed, provided with

563

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

564

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

565

shall adopt rules establishing procedures to provide ordinary

566

medical care, mental health, substance abuse, and developmental

567

disabilities services to youth within the juvenile justice

568

continuum as defined in s. 985.03.

569

570

The department shall coordinate such rulemaking with other

571

affected agencies to avoid duplication, conflict, or

572

inconsistency.

573

(3)

574

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

575

funded Intensive Delinquency Diversion Services program, counties

576

having nonstate-funded delinquency programs for youth must

577

include diversion options for first-time misdemeanant youth or

578

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

579

Section 13. Section 985.606, Florida Statutes, is amended

580

to read:

581

985.606 Prevention services providers; outcome performance

582

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

583

receives or uses state appropriations to fund programs, grants,

584

appropriations, or activities that are designed to prevent

585

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

586

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

587

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

588

relative to the outcomes related to performance of such

589

activities and shall provide said data to the Governor, the

590

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

591

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

592

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

593

Florida Statutes, to read:

594

985.632 Quality assurance and cost-effectiveness; outcome-

595

based contracting.--

596

(8) To create an accountable juvenile justice system that

597

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

598

demonstration project using outcome performance-based contracts.

599

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

600

in consultation with the Department of Financial Services and a

601

provider organization that has multiple sites, an implementation

602

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

603

interim and long-term outcome performance measures, strategies

604

for using financial incentives and disincentives to increase

605

provider performance, a plan to shift oversight and monitoring of

606

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

607

based approach, and recommendations of needed legislative action

608

to implement. This plan shall be submitted to the Executive

609

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

610

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

611

Section 15. Section 985.644, Florida Statutes, is amended

612

to read:

613

985.644 Departmental contracting powers; personnel

614

standards and screening.--

615

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

616

Children and Family Services, as appropriate, may contract with

617

the Federal Government, other state departments and agencies,

618

county and municipal governments and agencies, public and private

619

agencies, and private individuals and corporations in carrying

620

out the purposes of, and the responsibilities established in,

621

this chapter.

622

(a) When the department of Juvenile Justice or the

623

Department of Children and Family Services contracts with a

624

provider for any program for children, all personnel, including

625

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

626

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

627

the either department for services delivered on an appointment or

628

intermittent basis by a provider that does not have regular

629

custodial responsibility for children and each contract with a

630

school for before or aftercare services must ensure that the

631

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

632

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

633

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

634

be screened if the volunteer is under direct and constant

635

supervision by persons who meet the screening requirements.

636

(b) The department of Juvenile Justice and the Department

637

of Children and Family Services shall require employment

638

screening pursuant to chapter 435, using the level 2 standards

639

set forth in that chapter for personnel in programs for children

640

or youths.

641

642

Children and Family Services may grant exemptions from

643

disqualification from working with children as provided in s.

644

435.07.

645

(2) The department may contract with the Federal

646

Government, other state departments and agencies, county and

647

municipal governments and agencies, public and private agencies,

648

and private individuals and corporations in carrying out the

649

purposes and the responsibilities of the delinquency services and

650

programs of the department.

651

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

652

chapter 120 establishing a procedure to provide notice of policy

653

changes that affect contracted delinquency services and programs.

654

A policy is defined as an operational requirement that applies to

655

only the specified contracted delinquency service or program. The

656

procedure must shall include:

657

(a) Public notice of policy development.

658

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

659

660

providers.

661

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

662

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

663

delinquency service or program, all personnel, including all

664

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

665

providing the service or program shall be of good moral

666

character. A volunteer who assists on an intermittent basis for

667

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

668

the volunteer is under direct and constant supervision by persons

669

who meet the screening requirements.

670

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

671

a provider under contract with the department, in delinquency

672

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

673

1. A level 2 employment screening pursuant to chapter 435

674

prior to employment.

675

2. A federal criminal records check by the Federal Bureau

676

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

677

employment.

678

(b) Except for law enforcement, correctional, and

679

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

680

the department shall electronically submit to the Department of

681

Law Enforcement:

682

1. Fingerprint information obtained during the employment

683

screening required by subparagraph (a)1.

684

2. Beginning on December 15, 2005, fingerprint information

685

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

686

under contract with the department, in delinquency facilities,

687

services, or programs if such fingerprint information has not

688

previously been electronically submitted to the Department of Law

689

Enforcement under this paragraph.

690

691

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

692

retained by the Department of Law Enforcement and entered into

693

the statewide automated fingerprint identification system

694

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

695

information shall be available for all purposes and uses

696

authorized for arrest fingerprint information entered into the

697

statewide automated fingerprint identification system pursuant to

698

s. 943.051 until the fingerprint information is removed under

699

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

700

shall search all arrest fingerprint information received pursuant

701

to s. 943.051 against the fingerprint information entered into

702

the statewide automated fingerprint system under pursuant to this

703

subsection. Any arrest records identified as a result of the

704

search shall be reported to the department in the manner and

705

timeframe established by the Department of Law Enforcement by

706

rule.

707

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

708

Department of Law Enforcement for its costs resulting from the

709

fingerprint information retention services required by this

710

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

711

submission and retention of fingerprint information and for the

712

dissemination of search results shall be established by the

713

Department of Law Enforcement by adopting a rule that is

714

applicable to the department individually under pursuant to this

715

subsection or that is applicable to the department and other

716

employing agencies pursuant to rulemaking authority otherwise

717

provided by law.

718

(e) The department shall notify the Department of Law

719

Enforcement when a person whose fingerprint information is

720

retained by the Department of Law Enforcement under this

721

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

722

provider under contract with the department, in a delinquency

723

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

724

the department to the Department of Law Enforcement no later than

725

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

726

status. Fingerprint information for persons identified by the

727

department in the notice shall be removed from the statewide

728

automated fingerprint system.

729

(6) The department may grant exemptions from

730

disqualification from working with children as provided in s.

731

435.07.

732

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

733

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

734

985.66 Juvenile justice training academies; Juvenile

735

Justice Standards and Training Commission; Juvenile Justice

736

Training Trust Fund.--

737

(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE

738

STANDARDS AND TRAINING COMMISSION.--

739

(a) There is created under the Department of Juvenile

740

Justice the Juvenile Justice Standards and Training Commission,

741

hereinafter referred to as the commission. The 17-member

742

commission shall consist of the Attorney General or designee, the

743

Commissioner of Education or designee, a member of the juvenile

744

court judiciary to be appointed by the Chief Justice of the

745

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

746

Juvenile Justice as follows:

747

1. Seven members shall be juvenile justice professionals: a

748

superintendent or a direct care staff member from an institution;

749

a director from a contracted community-based program; a

750

superintendent and a direct care staff member from a regional

751

detention center or facility; a juvenile probation officer

752

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

753

day treatment or conditional release program. No fewer than three

754

of these members shall be contract providers.

755

2. Two members shall be representatives of local law

756

enforcement agencies.

757

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

758

university and community college program of criminology, criminal

759

justice administration, social work, psychology, sociology, or

760

other field of study pertinent to the training of juvenile

761

justice program staff.

762

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

763

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

764

attorney, who has juvenile court experience.

765

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

766

public defender, who has juvenile court experience.

767

7. One member shall be a representative of the business

768

community.

769

770

All appointed members shall be appointed to serve terms of 2

771

years.

772

(b) The composition of the commission shall be broadly

773

reflective of the public and shall include minorities and women.

774

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

775

a socially or economically disadvantaged group that includes

776

blacks, Hispanics, and American Indians.

777

778

commission with staff necessary to assist the commission in the

779

performance of its duties.

780

(d) The commission shall annually elect its chairperson and

781

other officers. The commission shall hold at least four regular

782

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

783

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

784

the members of the commission constitutes a quorum. Members of

785

the commission shall serve without compensation but are entitled

786

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

787

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

788

Justice Training Trust Fund.

789

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

790

commission shall be to:

791

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

792

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

793

used in the training of delinquency juvenile justice program

794

staff; establish timeframes for participation in and completion

795

of training by delinquency juvenile justice program staff;

796

develop, implement, maintain, and update job-related

797

examinations; develop, implement, and update the types and

798

frequencies of evaluations of the training academies; approve,

799

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

800

the contractor to be selected to organize and operate the

801

training academies and to provide the training curriculum.

802

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

803

courses and examinations for delinquency juvenile justice program

804

staff.

805

806

subdivision; any private entity or contractor; and with private

807

and public universities, colleges, community colleges, and other

808

educational institutions concerning the development of juvenile

809

justice training and programs or courses of instruction,

810

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

811

areas of juvenile justice.

812

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

813

and enter into such contracts and agreements with other agencies,

814

organizations, associations, corporations, individuals, or

815

federal agencies as the commission determines are necessary in

816

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

817

5. Make recommendations to the Department of Juvenile

818

Justice concerning any matter within the purview of this section.

819

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

820

commission shall establish a certifiable program for juvenile

821

justice training pursuant to this section, and all delinquency

822

department program staff and providers who deliver direct care

823

services pursuant to contract with the department shall be

824

required to participate in and successfully complete the

825

commission-approved program of training pertinent to their areas

826

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

827

law enforcement officers, and school district personnel may

828

participate in such training program. For the delinquency

829

juvenile justice program staff, the department commission shall,

830

based on a job-task analysis:

831

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

832

basic training program, including a competency-based examination,

833

for the purpose of providing minimum employment training

834

qualifications for all delinquency program staff juvenile justice

835

personnel. All delinquency program staff of the department and

836

providers who deliver direct-care services who are hired after

837

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

838

1. Be at least 19 years of age.

839

2. Be a high school graduate or its equivalent as

840

determined by the department commission.

841

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

842

involving perjury or a false statement, or have received a

843

dishonorable discharge from any of the Armed Forces of the United

844

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

845

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

846

misdemeanor involving perjury or false statement is not eligible

847

for employment, notwithstanding suspension of sentence or

848

withholding of adjudication. Notwithstanding this subparagraph,

849

any person who pled nolo contendere to a misdemeanor involving a

850

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

851

record of that plea sealed or expunged is not ineligible for

852

employment for that reason.

853

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

854

fingerprinting and background investigations and other screening

855

requirements for personnel.

856

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

857

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

858

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

859

executed under oath and constitutes an official statement under

860

s. 837.06. The affidavit must include conspicuous language that

861

the intentional false execution of the affidavit constitutes a

862

misdemeanor of the second degree. The employing agency shall

863

retain the affidavit.

864

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

865

advanced training program, including a competency-based

866

examination for each training course, which is intended to

867

enhance knowledge, skills, and abilities related to job

868

performance.

869

870

career development training program, including a competency-based

871

examination for each training course. Career development courses

872

are intended to prepare personnel for promotion.

873

(d) The department commission is encouraged to design,

874

implement, maintain, evaluate, and revise juvenile justice

875

training courses, or to enter into contracts for such training

876

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

877

being of both citizens and juvenile offenders.

878

(4) JUVENILE JUSTICE TRAINING TRUST FUND.--

879

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

880

Justice Training Trust Fund to be used by the Department of

881

Juvenile Justice for the purpose of funding the development and

882

updating of a job-task analysis of delinquency program staff

883

juvenile justice personnel; the development, implementation, and

884

updating of job-related training courses and examinations; and

885

the cost of commission-approved juvenile justice training

886

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

887

for members of the commission and staff.

888

(b) One dollar from every noncriminal traffic infraction

889

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

890

deposited into the Juvenile Justice Training Trust Fund.

891

892

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

893

source.

894

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

895

cycle or through a supplemental budget approved by the department

896

shall revert to the trust fund.

897

(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

898

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

899

justice training academies shall be determined by the department

900

commission.

901

(6) SCHOLARSHIPS AND STIPENDS.--

902

(a) By rule, the department commission shall establish

903

criteria to award scholarships or stipends to qualified

904

delinquency program staff juvenile justice personnel who are

905

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

906

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

907

The department shall handle the administration of the scholarship

908

or stipend. The Department of Education shall handle the notes

909

issued for the payment of the scholarships or stipends. All

910

scholarship and stipend awards shall be paid from the Juvenile

911

Justice Training Trust Fund upon vouchers approved by the

912

Department of Education and properly certified by the Chief

913

Financial Officer. Prior to the award of a scholarship or

914

stipend, the delinquency program staff juvenile justice employee

915

must agree in writing to practice her or his profession in

916

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

917

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

918

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

919

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

920

the state for deposit into the Juvenile Justice Training Trust

921

Fund.

922

(b) The department commission may establish the scholarship

923

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

924

1996.

925

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

926

adopt rules as necessary to carry out the provisions of this

927

section.

928

(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

929

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

930

Risk Management of the Department of Financial Services is

931

authorized to insure a private agency, individual, or corporation

932

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

933

out the purposes and responsibilities of any program of the

934

department. The coverage authorized herein shall be under the

935

same general terms and conditions as the department is insured

936

for its responsibilities under chapter 284.

937

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

938

staff" means supervisory and direct care staff of a delinquency

939

program as well as support staff who have direct contact with

940

children in a delinquency program that is owned and operated by

941

the department. The Juvenile Justice Standards and Training

942

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

943

shall be reviewed by the Legislature prior to that date.

944

Section 17. Section 985.664, Florida Statutes, is amended

945

to read:

946

985.664 Juvenile justice circuit boards and juvenile

947

justice county councils.--

948

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

949

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

950

justice county council to be established in each of the 67

951

counties. The purpose of each juvenile justice circuit board and

952

each juvenile justice county council is to provide advice and

953

direction to the department and the Children and Youth Cabinet in

954

the development and implementation of juvenile justice programs

955

and to work collaboratively with the department in seeking

956

program improvements and policy changes to address the emerging

957

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

958

delinquency.

959

(2) Each juvenile justice county council shall develop a

960

juvenile justice prevention and early intervention plan for the

961

county and shall collaborate with the circuit board and other

962

county councils assigned to that circuit in the development of a

963

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

964

council and board shall make provision for continual monitoring

965

to identify and remedy disproportionate minority contact with the

966

juvenile justice system. The Children and Youth Cabinet shall

967

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

968

(3) Juvenile justice circuit boards and county councils

969

shall also participate in facilitating interagency cooperation

970

and information sharing with local school authorities, law

971

enforcement agencies, state attorneys, public defenders, judicial

972

entities, local representatives of the department, the Department

973

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

974

based organizations for the purposes of forwarding the goals of

975

the county or circuit plan. Such interagency collaborations shall

976

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

977

and share information to achieve the goals of the juvenile

978

justice prevention and early intervention plan or the

979

comprehensive plan for the circuit.

980

(4) Juvenile justice circuit boards and county councils may

981

apply for and receive public or private grants to be administered

982

by one of the community partners that support one or more

983

components of the county or circuit plan.

984

(5) Juvenile justice circuit boards and county councils

985

shall advise and assist the department in the evaluation and

986

award of prevention and early intervention grant programs,

987

including the Community Juvenile Justice Partnership Grant

988

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

989

Children license plate annual use fees.

990

(6) Each juvenile justice circuit board shall provide an

991

annual report to the department and to the Children and Youth

992

Cabinet describing the activities of the circuit board and each

993

of the county councils contained within its circuit. Such reports

994

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

995

and council and submitted to the Children and Youth Cabinet

996

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

997

department may prescribe a format and content requirements for

998

submission of annual reports.

999

(7) Membership of the juvenile justice circuit board may

1000

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

1001

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

1002

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

1003

designees. The remaining 15 members of the board must be

1004

appointed by the county councils within that circuit. The board

1005

where possible must be composed of an equitable number of members

1006

include at least one representative from each county council

1007

within the circuit, taking into account differences in

1008

population. In appointing members to the circuit board, the

1009

county councils must reflect:

1010

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

1011

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

1012

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

1013

the Department of Children and Family Services.

1014

1015

(d) Representation from residents of the targeted high-

1016

crime zip code communities as identified by the department and

1017

based on referral rates within the county.

1018

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

1019

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

1020

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

1021

than three in order to adequately reflect the diversity of the

1022

population and community organizations or agencies in the

1023

circuit.

1024

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

1025

circuit board may establish its membership in accordance with

1026

subsection (10). For juvenile justice circuit boards organized

1027

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

1028

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

1029

members of the circuit board.

1030

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

1031

juvenile justice circuit boards established under subsection (9),

1032

must include representation from residents of the targeted high-

1033

crime zip code communities as identified by the department and

1034

based on referral rates within the county and may also include

1035

representatives from the following entities:

1036

(a) Representatives from the school district, which may

1037

include elected school board officials, the school

1038

superintendent, school or district administrators, teachers, and

1039

counselors.

1040

(b) Representatives of the board of county commissioners.

1041

1042

municipalities within the county.

1043

(d) A representative of the corresponding circuit or

1044

regional entity of the Department of Children and Family

1045

Services.

1046

(e) Representatives of local law enforcement agencies,

1047

including the sheriff or the sheriff's designee.

1048

(f) Representatives of the judicial system.

1049

(g) Representatives of the business community.

1050

(h) Representatives of other interested officials, groups,

1051

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

1052

council, public or private providers of juvenile justice programs

1053

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

1054

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

1055

voting membership.

1056

(i) Representatives of the faith community.

1057

(j) Representatives of victim-service programs and victims

1058

of crimes.

1059

(k) Representatives of the Department of Corrections.

1060

(11) Each juvenile justice county council, or juvenile

1061

justice circuit board established under subsection (9), must

1062

provide for the establishment of an executive committee of not

1063

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

1064

committee must be addressed in the bylaws.

1065

(12) Each juvenile justice circuit board and county council

1066

shall develop bylaws that provide for officers and committees as

1067

the board or council deems necessary and shall specify the

1068

qualifications, method of selection, and term for each office

1069

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

1070

process for appointments to the board or council; election or

1071

appointment of officers; filling of vacant positions; duration of

1072

member terms; provisions for voting; meeting attendance

1073

requirements; and the establishment and duties of an executive

1074

committee, if required under subsection (11).

1075

(13) The secretary shall meet at least annually,

1076

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

1077

chair of the juvenile justice circuit boards and the Children and

1078

Youth Cabinet in order to:

1079

1. Advise juvenile justice circuit board chairs of

1080

statewide juvenile justice issues and activities.

1081

2. Provide and receive comments on prevention and

1082

intervention program budget priorities.

1083

3. Provide and receive comments on the planning process.

1084

4. Discuss program development, program implementation,

1085

quality assurance, and program outcomes.

1086

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

1087

county councils are subject to the provisions of part III of

1088

chapter 112.

1089

(15) Juvenile justice circuit boards and county councils

1090

shall use due diligence in notifying the community of board

1091

vacancies through various community outreach outlets such as

1092

community newspapers, churches, and free public announcements.

1093

Section 18. Section 985.668, Florida Statutes, is amended

1094

to read:

1095

985.668 Innovation zones.--The department shall encourage

1096

each of the juvenile justice circuit boards, in consultation with

1097

the juvenile justice county council within the circuit, to

1098

propose at least one innovation zone within the circuit for the

1099

purpose of implementing any experimental, pilot, or demonstration

1100

project that furthers the legislatively established goals of the

1101

department. An innovation zone is a defined geographic area such

1102

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

1103

delivery area, school campus, or neighborhood providing a

1104

laboratory for the research, development, and testing of the

1105

applicability and efficacy of model programs, policy options, and

1106

new technologies for the department.

1107

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

1108

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

1109

of the proposed innovation zone is to demonstrate that specific

1110

statutory goals can be achieved more effectively by using

1111

procedures that require modification of existing rules, policies,

1112

or procedures, the proposal may request the secretary to waive

1113

such existing rules, policies, or procedures or to otherwise

1114

authorize use of alternative procedures or practices. Waivers of

1115

such existing rules, policies, or procedures must comply with

1116

applicable state or federal law.

1117

(b) For innovation zone proposals that the secretary

1118

determines require changes to state law, the secretary may submit

1119

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

1120

changes to state law, to the chairs of the appropriate

1121

legislative committees for consideration.

1122

1123

determines require waiver of federal law, the secretary may

1124

submit a request for such waivers to the applicable federal

1125

agency.

1126

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

1127

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

1128

(3) Before implementing an innovation zone under this

1129

subsection, the secretary shall, in conjunction with the Office

1130

of Program Policy Analysis and Government Accountability, develop

1131

measurable and valid objectives for such zone within a negotiated

1132

reasonable period of time. Moneys designated for an innovation

1133

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

1134

innovation zone in another operating circuit.

1135

(4) Program models for innovation zone projects include,

1136

but are not limited to:

1137

(a) A forestry alternative work program that provides

1138

selected juvenile offenders an opportunity to serve in a forestry

1139

work program as an alternative to incarceration, in which

1140

offenders assist in wildland firefighting, enhancement of state

1141

land management, environmental enhancement, and land restoration.

1142

(b) A collaborative public/private dropout prevention

1143

partnership that trains personnel from both the public and

1144

private sectors of a target community who are identified and

1145

brought into the school system as an additional resource for

1146

addressing problems which inhibit and retard learning, including

1147

abuse, neglect, financial instability, pregnancy, and substance

1148

abuse.

1149

1150

disadvantaged youth with support services, jobs, training,

1151

counseling, mentoring, and prepaid postsecondary tuition

1152

scholarships.

1153

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

1154

opportunity for juvenile offenders to develop educational and job

1155

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

1156

teaching the offenders skills such as computer-aided design,

1157

modular panel construction, and heavy vehicle repair and

1158

maintenance which will readily transfer to the private sector,

1159

thereby promoting responsibility and productivity.

1160

(e) An infant mortality prevention program that is designed

1161

to discourage unhealthy behaviors such as smoking and alcohol or

1162

drug consumption, reduce the incidence of babies born prematurely

1163

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

1164

babies to be safely discharged earlier from the hospital, reduce

1165

the incidence of child abuse and neglect, and improve parenting

1166

and problem-solving skills.

1167

(f) A regional crime prevention and intervention program

1168

that serves as an umbrella agency to coordinate and replicate

1169

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

1170

offenders, youth crime victims, and school dropouts.

1171

(g) An alternative education outreach school program that

1172

serves delinquent repeat offenders between 14 and 18 years of age

1173

who have demonstrated failure in school and who are referred by

1174

the juvenile court.

1175

(h) A drug treatment and prevention program that provides

1176

early identification of children with alcohol or drug problems to

1177

facilitate treatment, comprehensive screening and assessment,

1178

family involvement, and placement options.

1179

(i) A community resource mother or father program that

1180

emphasizes parental responsibility for the behavior of children,

1181

and requires the availability of counseling services for children

1182

at high risk for delinquent behavior.

1183

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

1184

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

1185

985.676 Community juvenile justice partnership grants.--

1186

(2) GRANT APPLICATION PROCEDURES.--

1187

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

1188

juvenile justice partnership grant, which may be renewed for a

1189

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

1190

shall submit a grant proposal for funding or continued funding to

1191

the department. The department shall establish the grant

1192

application procedures. In order to be considered for funding,

1193

the grant proposal shall include the following assurances and

1194

information:

1195

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

1196

board confirming that the grant application has been reviewed and

1197

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

1198

justice plan as developed by the board.

1199

2. A rationale and description of the program and the

1200

services to be provided, including goals and objectives.

1201

3. A method for identification of the juveniles most likely

1202

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

1203

focus of the program.

1204

4. Provisions for the participation of parents and

1205

guardians in the program.

1206

5. Coordination with other community-based and social

1207

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

1208

and alcohol abuse prevention and dropout prevention programs,

1209

that serve the target population or neighborhood.

1210

6. An evaluation component to measure the effectiveness of

1211

the program in accordance with s. 985.632.

1212

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

1213

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

1214

proposal must establish to the satisfaction of the department

1215

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

1216

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

1217

amount of the grant.

1218

8. The necessary program staff.

1219

(b) The department shall consider the following in awarding

1220

such grants:

1221

1. The recommendations of the juvenile justice county

1222

council as to the priority that should be given to proposals

1223

submitted by entities within a county.

1224

2. The recommendations of the juvenile justice circuit

1225

board as to the priority that should be given to proposals

1226

submitted by entities within a circuit.

1227

1228

As the first priority, the department shall fund applications

1229

that meet the requirements of this section and also fulfill the

1230

local juvenile justice circuit board and county council plans.

1231

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

1232

initiated under a community juvenile justice partnership grant

1233

established pursuant to this section from continuing to operate

1234

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

1235

funding sources. Likewise, This section does not restrict the

1236

number of programs an entity may apply for or operate.

1237

Section 20. Section 985.721, Florida Statutes, is amended

1238

to read:

1239

985.721 Escapes from secure detention or residential

1240

commitment facility.--An escape from:

1241

(1) Any secure detention facility maintained for the

1242

temporary detention of children, pending adjudication,

1243

disposition, or placement;

1244

(2) Any residential commitment facility described in s.

1245

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

1246

punishment, or rehabilitation of children found to have committed

1247

delinquent acts or violations of law; or

1248

(3) Lawful transportation to or from any such secure

1249

detention facility or residential commitment facility,

1250

1251

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

1252

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

1253

775.082, s. 775.083, or s. 775.084.

1254

Section 21. Subsections (1) and (2) of section 1006.13,

1255

Florida Statutes, are amended to read:

1256

1006.13 Policy of zero tolerance for crime and

1257

victimization.--

1258

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

1259

tolerance for:

1260

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

1261

delinquent acts and crimes occurring whenever and wherever

1262

students are under the jurisdiction of the district school board.

1263

(b) Victimization of students, including taking all steps

1264

necessary to protect the victim of any violent crime from any

1265

further victimization.

1266

(2) The zero tolerance policy shall require students found

1267

to have committed one of the following serious criminal offenses

1268

to be expelled, with or without continuing educational services,

1269

from the student's regular school for at least a period of not

1270

less than 1 full year, and to be referred to the criminal justice

1271

or juvenile justice system.

1272

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

1273

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

1274

sponsored transportation or possessing a firearm at school.

1275

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

1276

790.162 and 790.163, respectively, involving school or school

1277

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

1278