Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 7087, 1st Eng.

206662

CHAMBER ACTION

Senate

Floor: 1/AD/3R

4/28/2008 3:21 PM

House

Floor: AA

5/2/2008 3:58 PM

Senator Crist moved the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

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

29.008, Florida Statutes, is amended to read:

29.008 County funding of court-related functions.--

(3) The following shall be considered a local requirement

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

(b) Alternative sanctions coordinators pursuant to s.

985.0375 ss. 984.09 and 985.037.

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

790.22, Florida Statutes, is amended to read:

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

electric weapons or devices by minor under 16; limitation;

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

(4)

county councils or the Department of Juvenile Justice shall

establish appropriate community service programs to be available

as provided in s. 985.0375 to the alternative sanctions

coordinators of the circuit courts in implementing this

subsection. The boards or councils or department shall propose

the implementation of a community service program in each

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

approval of the circuit alternative sanctions coordinator.

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

939.185, Florida Statutes, is amended to read:

939.185 Assessment of additional court costs and

surcharges.--

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

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

imposed by the court when a person pleads guilty or nolo

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

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

offense under the laws of this state. Such additional assessment

shall be accounted for separately by the county in which the

offense occurred and be used only in the county imposing this

cost, to be allocated as follows:

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

allocated to fund innovations to supplement state funding for the

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

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

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

allocated to assist counties in providing legal aid programs

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

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

allocated to fund personnel and legal materials for the public as

part of a law library.

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

used as determined by the board of county commissioners to

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

juvenile assessment centers, and other juvenile alternative

programs that include diversion options for first-time

misdemeanant youth or youth 10 years of age or younger.

Each county receiving funds under this section shall report the

amount of funds collected pursuant to this section and an

itemized list of expenditures for all authorized programs and

activities. The report shall be submitted in a format developed

by the Supreme Court to the Governor, the Chief Financial

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

House of Representatives on a quarterly basis beginning with the

quarter ending September 30, 2004. Quarterly reports shall be

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

unspent funds at the close of the county fiscal year allocated

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

pursuant to subparagraph 1.

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

read:

984.05 Rules relating to habitual truants; adoption by

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

Department of Juvenile Justice and the State Board of Education

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

as necessary for administering the implementation of ss.

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

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

read:

984.09 Punishment for contempt of court; alternative

sanctions.--

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

otherwise provided in this section, the court may punish any

child for contempt for interfering with the court or with court

administration, or for violating any provision of this chapter or

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

is the intent of the Legislature that the court restrict and

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

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

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

into custody and ordered to serve an alternative sanction or

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

order of the court.

(2) PLACEMENT IN A SECURE FACILITY.--

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

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

if alternative sanctions are unavailable or inappropriate, or if

the child has already been ordered to serve an alternative

sanction but failed to comply with the sanction.

100

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

101

indirect contempt may be placed in a secure detention facility

102

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

103

subsequent offense, or in a secure residential commitment

104

facility.

105

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

106

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

107

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

108

staff-secure shelter or a staff-secure residential facility

109

solely for children in need of services if such placement is

110

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

111

be placed in an appropriate mental health facility or substance

112

abuse facility for assessment. In addition to disposition under

113

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

114

contempt or indirect contempt may be placed in a physically

115

secure setting as provided under s. 984.226 if conditions of

116

eligibility are met.

117

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

118

have an alternative sanctions coordinator who shall serve under

119

the chief administrative judge of the juvenile division of the

120

circuit court, and who shall coordinate and maintain a spectrum

121

of contempt sanction alternatives in conjunction with the circuit

122

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

123

determining that a child has committed direct contempt of court

124

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

125

immediately request the alternative sanctions coordinator to

126

recommend the most appropriate available alternative sanction and

127

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

128

service manual labor or a similar alternative sanction, unless an

129

alternative sanction is unavailable or inappropriate, or unless

130

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

131

Alternative contempt sanctions may be provided by local industry

132

or by any nonprofit organization or any public or private

133

business or service entity that has entered into a contract with

134

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

135

state to provide voluntary supervision of children on behalf of

136

the state in exchange for the manual labor of children and

137

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

138

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

139

SANCTIONS; PROCEDURE AND DUE PROCESS.--

140

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

141

including traffic court, the court may impose an authorized

142

sanction immediately.

143

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

144

the court must hold a hearing within 24 hours to determine

145

whether the child committed indirect contempt of a valid court

146

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

147

provided to the child:

148

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

149

facts supporting the contempt charge.

150

2. Right to an explanation of the nature and the

151

consequences of the proceedings.

152

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

153

counsel appointed by the court if the juvenile is indigent,

154

pursuant to s. 985.033.

155

4. Right to confront witnesses.

156

5. Right to present witnesses.

157

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

158

7. Right to appeal to an appropriate court.

159

160

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

161

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

162

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

163

appropriate for the child to remain in the facility.

164

165

secure facility for punishment for contempt unless the court

166

determines that an alternative sanction is inappropriate or

167

unavailable or that the child was initially ordered to an

168

alternative sanction and did not comply with the alternative

169

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

170

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

171

appropriate before ordering that the child be placed in a secure

172

facility as punishment for contempt of court.

173

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

174

985.037 this section, the court may direct the Department of

175

Highway Safety and Motor Vehicles to withhold issuance of, or

176

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

177

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

178

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

179

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

180

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

181

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

182

contempt is imposed, the court shall extend the period of

183

suspension or revocation by the additional period ordered under

184

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

185

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

186

suspension or revocation ordered under this paragraph shall begin

187

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

188

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

189

privilege is suspended under that section this paragraph, the

190

court may direct the Department of Highway Safety and Motor

191

Vehicles to issue the child a license for driving privileges

192

restricted to business or employment purposes only, as defined in

193

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

194

community service, if the child is otherwise qualified for a

195

license. However, the department may not issue a restricted

196

license unless specifically ordered to do so by the court.

197

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

198

the position of alternative sanctions coordinator within each

199

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

200

sanctions coordinator shall serve under the direction of the

201

chief administrative judge of the juvenile division as directed

202

by the chief judge of the circuit. The alternative sanctions

203

coordinator shall act as the liaison between the judiciary, local

204

department officials, district school board employees, and local

205

law enforcement agencies. The alternative sanctions coordinator

206

shall coordinate within the circuit community-based alternative

207

sanctions, including nonsecure detention programs, community

208

service projects, and other juvenile sanctions, in conjunction

209

with the circuit plan implemented in accordance with s.

210

790.22(4)(c).

211

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

212

Statutes, is amended to read:

213

985.02 Legislative intent for the juvenile justice

214

system.--

215

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

216

policy of the state with respect to juvenile justice and

217

delinquency prevention to first protect the public from acts of

218

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

219

(a) Develop and implement effective methods of preventing

220

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

221

strengthening the family as a whole so that children may remain

222

in their homes or communities.

223

(b) Develop and implement effective programs to prevent

224

delinquency, to divert children from the traditional juvenile

225

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

226

and to provide critically needed alternatives to

227

institutionalization and deep-end commitment.

228

229

and cost-effective programs within the juvenile justice system.

230

(d) Increase the capacity of local governments and public

231

and private agencies to conduct rehabilitative treatment programs

232

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

233

field of juvenile delinquency prevention.

234

(e) Encourage and promote diversion options when

235

appropriate, especially for first-time misdemeanant youth or

236

youth 10 years of age or younger.

237

238

The Legislature intends that detention care, in addition to

239

providing secure and safe custody, will promote the health and

240

well-being of the children committed thereto and provide an

241

environment that fosters their social, emotional, intellectual,

242

and physical development.

243

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

244

Florida Statutes, are redesignated as subsections (40) through

245

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

246

section, to read:

247

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

248

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

249

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

250

are not limited to, inoculations, physical examinations, remedial

251

treatment for minor illnesses and injuries, preventive services,

252

medication management, chronic disease management, and other

253

medical procedures that are administered or performed on a

254

routine basis and that do not involve hospitalization, surgery,

255

or use of general anesthesia.

256

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

257

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

258

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

259

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

260

985.037 Punishment for contempt of court; alternative

261

sanctions.--

262

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

263

punish any child for contempt for interfering with the court or

264

with court administration, or for violating any provision of this

265

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

266

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

267

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

268

facility. A child who commits direct contempt of court or

269

indirect contempt of a valid court order may be taken into

270

custody and ordered to serve an alternative sanction or placed in

271

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

272

court.

273

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

274

in a secure facility for purposes of punishment for contempt of

275

court if alternative sanctions are unavailable or inappropriate,

276

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

277

sanction but failed to comply with the sanction. A delinquent

278

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

279

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

280

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

281

subsequent offense.

282

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

283

PROCESS.--

284

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

285

including traffic court, the court may impose an authorized

286

sanction immediately.

287

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

288

the court must hold a hearing within 24 hours to determine

289

whether the child committed indirect contempt of a valid court

290

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

291

provided to the child:

292

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

293

facts supporting the contempt charge.

294

2. Right to an explanation of the nature and the

295

consequences of the proceedings.

296

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

297

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

298

s. 985.033.

299

4. Right to confront witnesses.

300

5. Right to present witnesses.

301

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

302

7. Right to appeal to an appropriate court.

303

304

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

305

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

306

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

307

appropriate for the child to remain in the facility.

308

309

secure facility for punishment for contempt unless the court

310

determines that an alternative sanction is inappropriate or

311

unavailable or that the child was initially ordered to an

312

alternative sanction and did not comply with the alternative

313

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

314

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

315

appropriate before ordering that the child be placed in a secure

316

facility as punishment for contempt of court.

317

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

318

section, the court may direct the Department of Highway Safety

319

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

320

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

321

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

322

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

323

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

324

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

325

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

326

court shall extend the period of suspension or revocation by the

327

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

328

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

329

contempt is imposed, the period of suspension or revocation

330

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

331

child is otherwise eligible to drive.

332

985.0375 Alternative sanctions.--

333

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

334

have an alternative sanctions coordinator who shall serve under

335

the chief administrative judge of the juvenile division of the

336

circuit court, and who shall coordinate and maintain a spectrum

337

of contempt sanction alternatives in conjunction with the circuit

338

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

339

determining that a child has committed direct contempt of court

340

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

341

immediately request the alternative sanctions coordinator to

342

recommend the most appropriate available alternative sanction and

343

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

344

service manual labor or a similar alternative sanction, unless an

345

alternative sanction is unavailable or inappropriate, or unless

346

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

347

Alternative contempt sanctions may be provided by local industry

348

or by any nonprofit organization or any public or private

349

business or service entity that has entered into a contract with

350

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

351

state to provide voluntary supervision of children on behalf of

352

the state in exchange for the manual labor of children and

353

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

354

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

355

the position of alternative sanctions coordinator within each

356

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

357

alternative sanctions coordinator shall serve under the direction

358

of the chief administrative judge of the juvenile division as

359

directed by the chief judge of the circuit. The alternative

360

sanctions coordinator shall act as the liaison between the

361

judiciary, local department officials, district school board

362

employees, and local law enforcement agencies. The alternative

363

sanctions coordinator shall coordinate within the circuit

364

community-based alternative sanctions, including nonsecure

365

detention programs, community service projects, and other

366

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

367

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

368

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

369

Florida Statutes, are amended to read:

370

985.04 Oaths; records; confidential information.--

371

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

372

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

373

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

374

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

375

Commission, the Department of Corrections, the juvenile justice

376

circuit boards, any law enforcement agent, or any licensed

377

professional or licensed community agency representative

378

participating in the assessment or treatment of a juvenile is

379

confidential and may be disclosed only to the authorized

380

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

381

Department of Corrections, the Department of Children and Family

382

Services, the Parole Commission, law enforcement agents, school

383

superintendents and their designees, any licensed professional or

384

licensed community agency representative participating in the

385

assessment or treatment of a juvenile, and others entitled under

386

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

387

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

388

district school superintendent, and the department shall enter

389

into an interagency agreement for the purpose of sharing

390

information about juvenile offenders among all parties. The

391

agreement must specify the conditions under which summary

392

criminal history information is to be made available to

393

appropriate school personnel, and the conditions under which

394

school records are to be made available to appropriate department

395

personnel. Such agreement shall require notification to any

396

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

397

juvenile who has been placed in a probation or commitment program

398

for a felony offense. The agencies entering into such agreement

399

must comply with s. 943.0525, and must maintain the

400

confidentiality of information that is otherwise exempt from s.

401

119.07(1), as provided by law.

402

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

403

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

404

may be inspected only upon order of the Secretary of Juvenile

405

Justice or his or her authorized agent by persons who have

406

sufficient reason and upon such conditions for their use and

407

disposition as the secretary or his or her authorized agent deems

408

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

409

other employees of the department who have a need therefor in

410

order to perform their official duties; to other persons as

411

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

412

Department of Corrections and the Department of Children and

413

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

414

permit properly qualified persons to inspect and make abstracts

415

from records for statistical purposes under whatever conditions

416

upon their use and disposition the secretary or his or her

417

authorized agent deems proper, provided adequate assurances are

418

given that children's names and other identifying information

419

will not be disclosed by the applicant.

420

(b) The destruction of records pertaining to children

421

committed to or supervised by the department pursuant to a court

422

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

423

of 24 years or until a serious or habitual delinquent child

424

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

425

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

426

Statutes, is amended to read:

427

985.245 Risk assessment instrument.--

428

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

429

placement determinations and court orders shall be developed by

430

the department in consultation agreement with a committee

431

composed of two representatives appointed by the following

432

associations: the Conference of Circuit Judges of Florida, the

433

Prosecuting Attorneys Association, the Public Defenders

434

Association, the Florida Sheriffs Association, and the Florida

435

Association of Chiefs of Police. Each association shall appoint

436

two individuals, one representing an urban area and one

437

representing a rural area. In addition, the committee shall

438

include two representatives from child advocacy organizations,

439

and two recognized child mental health experts, appointed by the

440

department. The parties involved shall evaluate and revise the

441

risk assessment instrument as is considered necessary using the

442

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

443

instrument shall be evaluated to determine if the instrument

444

contributes to disproportionate minority contact.

445

(b) The risk assessment instrument shall take into

446

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

447

failure to appear, prior offenses, prior history of residential

448

delinquency commitments, offenses committed pending adjudication,

449

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

450

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

451

time the child is taken into custody. The risk assessment

452

instrument shall also take into consideration appropriate

453

aggravating and mitigating circumstances, and shall be designed

454

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

455

risk assessment instrument shall also include any information

456

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

457

assessment shall indicate whether detention care is warranted,

458

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

459

placed into secure, nonsecure, or home detention care.

460

461

detention care placements and court orders shall be validated not

462

later than December 31, 2008, and periodically evaluated

463

thereafter for continued validity.

464

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

465

Statutes, is amended to read:

466

985.265 Detention transfer and release; education; adult

467

jails.--

468

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

469

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

470

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

471

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

472

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

473

misdemeanor who is being transferred for criminal prosecution

474

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

475

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

476

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

477

in a detention facility; or

478

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

479

by another jurisdiction for prosecution as an adult.

480

481

The child shall be housed separately from adult inmates to

482

prohibit a child from having regular contact with incarcerated

483

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

484

sound contact. Separation of children from adults shall permit no

485

more than haphazard or accidental contact. The receiving jail or

486

other facility shall contain a separate section for children and

487

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

488

activities at all times. Supervision and monitoring of children

489

includes physical observation and documented checks by jail or

490

receiving facility supervisory personnel at intervals not to

491

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

492

hour supervision. This subsection does not prohibit placing two

493

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

494

child be placed in the same cell with an adult.

495

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

496

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

497

(3) of that section, to read:

498

985.601 Administering the juvenile justice continuum.--

499

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

500

appropriate continuum of care that provides individualized,

501

multidisciplinary assessments, objective evaluations of relative

502

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

503

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

504

facilitate each child being appropriately assessed, provided with

505

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

506

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

507

shall adopt rules establishing procedures to provide ordinary

508

medical care, mental health, substance abuse, and developmental

509

disabilities services to youth within the juvenile justice

510

continuum as defined in s. 985.03.

511

512

The department shall coordinate such rulemaking with other

513

affected agencies to avoid duplication, conflict, or

514

inconsistency.

515

(3)

516

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

517

funded Intensive Delinquency Diversion Services program, counties

518

having nonstate-funded delinquency programs for youth must

519

include diversion options for first-time misdemeanant youth or

520

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

521

Section 13. Section 985.606, Florida Statutes, is amended

522

to read:

523

985.606 Prevention services providers; outcome performance

524

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

525

receives or uses state appropriations to fund programs, grants,

526

appropriations, or activities that are designed to prevent

527

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

528

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

529

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

530

relative to the outcomes related to performance of such

531

activities and shall provide said data to the Governor, the

532

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

533

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

534

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

535

Florida Statutes, to read:

536

985.632 Quality assurance and cost-effectiveness; outcome-

537

based contracting.--

538

(8) To create an accountable juvenile justice system that

539

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

540

demonstration project using outcome performance-based contracts.

541

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

542

in consultation with the Department of Financial Services and a

543

provider organization that has multiple sites, an implementation

544

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

545

interim and long-term outcome performance measures, strategies

546

for using financial incentives and disincentives to increase

547

provider performance, a plan to shift oversight and monitoring of

548

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

549

based approach, and recommendations of needed legislative action

550

to implement. This plan shall be submitted to the Executive

551

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

552

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

553

Section 15. Section 985.644, Florida Statutes, is amended

554

to read:

555

985.644 Departmental contracting powers; personnel

556

standards and screening.--

557

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

558

Children and Family Services, as appropriate, may contract with

559

the Federal Government, other state departments and agencies,

560

county and municipal governments and agencies, public and private

561

agencies, and private individuals and corporations in carrying

562

out the purposes of, and the responsibilities established in,

563

this chapter.

564

(a) When the department of Juvenile Justice or the

565

Department of Children and Family Services contracts with a

566

provider for any program for children, all personnel, including

567

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

568

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

569

the either department for services delivered on an appointment or

570

intermittent basis by a provider that does not have regular

571

custodial responsibility for children and each contract with a

572

school for before or aftercare services must ensure that the

573

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

574

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

575

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

576

be screened if the volunteer is under direct and constant

577

supervision by persons who meet the screening requirements.

578

(b) The department of Juvenile Justice and the Department

579

of Children and Family Services shall require employment

580

screening pursuant to chapter 435, using the level 2 standards

581

set forth in that chapter for personnel in programs for children

582

or youths.

583

584

Children and Family Services may grant exemptions from

585

disqualification from working with children as provided in s.

586

435.07.

587

(2) The department may contract with the Federal

588

Government, other state departments and agencies, county and

589

municipal governments and agencies, public and private agencies,

590

and private individuals and corporations in carrying out the

591

purposes and the responsibilities of the delinquency services and

592

programs of the department.

593

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

594

chapter 120 establishing a procedure to provide notice of policy

595

changes that affect contracted delinquency services and programs.

596

A policy is defined as an operational requirement that applies to

597

only the specified contracted delinquency service or program. The

598

procedure must shall include:

599

(a) Public notice of policy development.

600

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

601

602

providers.

603

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

604

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

605

delinquency service or program, all personnel, including all

606

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

607

providing the service or program shall be of good moral

608

character. A volunteer who assists on an intermittent basis for

609

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

610

the volunteer is under direct and constant supervision by persons

611

who meet the screening requirements.

612

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

613

a provider under contract with the department, in delinquency

614

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

615

1. A level 2 employment screening pursuant to chapter 435

616

prior to employment.

617

2. A federal criminal records check by the Federal Bureau

618

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

619

employment.

620

(b) Except for law enforcement, correctional, and

621

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

622

the department shall electronically submit to the Department of

623

Law Enforcement:

624

1. Fingerprint information obtained during the employment

625

screening required by subparagraph (a)1.

626

2. Beginning on December 15, 2005, fingerprint information

627

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

628

under contract with the department, in delinquency facilities,

629

services, or programs if such fingerprint information has not

630

previously been electronically submitted to the Department of Law

631

Enforcement under this paragraph.

632

633

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

634

retained by the Department of Law Enforcement and entered into

635

the statewide automated fingerprint identification system

636

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

637

information shall be available for all purposes and uses

638

authorized for arrest fingerprint information entered into the

639

statewide automated fingerprint identification system pursuant to

640

s. 943.051 until the fingerprint information is removed under

641

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

642

shall search all arrest fingerprint information received pursuant

643

to s. 943.051 against the fingerprint information entered into

644

the statewide automated fingerprint system under pursuant to this

645

subsection. Any arrest records identified as a result of the

646

search shall be reported to the department in the manner and

647

timeframe established by the Department of Law Enforcement by

648

rule.

649

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

650

Department of Law Enforcement for its costs resulting from the

651

fingerprint information retention services required by this

652

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

653

submission and retention of fingerprint information and for the

654

dissemination of search results shall be established by the

655

Department of Law Enforcement by adopting a rule that is

656

applicable to the department individually under pursuant to this

657

subsection or that is applicable to the department and other

658

employing agencies pursuant to rulemaking authority otherwise

659

provided by law.

660

(e) The department shall notify the Department of Law

661

Enforcement when a person whose fingerprint information is

662

retained by the Department of Law Enforcement under this

663

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

664

provider under contract with the department, in a delinquency

665

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

666

the department to the Department of Law Enforcement no later than

667

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

668

status. Fingerprint information for persons identified by the

669

department in the notice shall be removed from the statewide

670

automated fingerprint system.

671

(6) The department may grant exemptions from

672

disqualification from working with children as provided in s.

673

435.07.

674

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

675

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

676

985.66 Juvenile justice training academies; Juvenile

677

Justice Standards and Training Commission; Juvenile Justice

678

Training Trust Fund.--

679

(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE

680

STANDARDS AND TRAINING COMMISSION.--

681

(a) There is created under the Department of Juvenile

682

Justice the Juvenile Justice Standards and Training Commission,

683

hereinafter referred to as the commission. The 17-member

684

commission shall consist of the Attorney General or designee, the

685

Commissioner of Education or designee, a member of the juvenile

686

court judiciary to be appointed by the Chief Justice of the

687

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

688

Juvenile Justice as follows:

689

1. Seven members shall be juvenile justice professionals: a

690

superintendent or a direct care staff member from an institution;

691

a director from a contracted community-based program; a

692

superintendent and a direct care staff member from a regional

693

detention center or facility; a juvenile probation officer

694

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

695

day treatment or conditional release program. No fewer than three

696

of these members shall be contract providers.

697

2. Two members shall be representatives of local law

698

enforcement agencies.

699

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

700

university and community college program of criminology, criminal

701

justice administration, social work, psychology, sociology, or

702

other field of study pertinent to the training of juvenile

703

justice program staff.

704

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

705

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

706

attorney, who has juvenile court experience.

707

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

708

public defender, who has juvenile court experience.

709

7. One member shall be a representative of the business

710

community.

711

712

All appointed members shall be appointed to serve terms of 2

713

years.

714

(b) The composition of the commission shall be broadly

715

reflective of the public and shall include minorities and women.

716

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

717

a socially or economically disadvantaged group that includes

718

blacks, Hispanics, and American Indians.

719

720

commission with staff necessary to assist the commission in the

721

performance of its duties.

722

(d) The commission shall annually elect its chairperson and

723

other officers. The commission shall hold at least four regular

724

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

725

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

726

the members of the commission constitutes a quorum. Members of

727

the commission shall serve without compensation but are entitled

728

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

729

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

730

Justice Training Trust Fund.

731

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

732

commission shall be to:

733

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

734

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

735

used in the training of delinquency juvenile justice program

736

staff; establish timeframes for participation in and completion

737

of training by delinquency juvenile justice program staff;

738

develop, implement, maintain, and update job-related

739

examinations; develop, implement, and update the types and

740

frequencies of evaluations of the training academies; approve,

741

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

742

the contractor to be selected to organize and operate the

743

training academies and to provide the training curriculum.

744

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

745

courses and examinations for delinquency juvenile justice program

746

staff.

747

748

subdivision; any private entity or contractor; and with private

749

and public universities, colleges, community colleges, and other

750

educational institutions concerning the development of juvenile

751

justice training and programs or courses of instruction,

752

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

753

areas of juvenile justice.

754

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

755

and enter into such contracts and agreements with other agencies,

756

organizations, associations, corporations, individuals, or

757

federal agencies as the commission determines are necessary in

758

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

759

5. Make recommendations to the Department of Juvenile

760

Justice concerning any matter within the purview of this section.

761

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

762

commission shall establish a certifiable program for juvenile

763

justice training pursuant to this section, and all delinquency

764

department program staff and providers who deliver direct care

765

services pursuant to contract with the department shall be

766

required to participate in and successfully complete the

767

commission-approved program of training pertinent to their areas

768

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

769

law enforcement officers, and school district personnel may

770

participate in such training program. For the delinquency

771

juvenile justice program staff, the department commission shall,

772

based on a job-task analysis:

773

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

774

basic training program, including a competency-based examination,

775

for the purpose of providing minimum employment training

776

qualifications for all delinquency program staff juvenile justice

777

personnel. All delinquency program staff of the department and

778

providers who deliver direct-care services who are hired after

779

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

780

1. Be at least 19 years of age.

781

2. Be a high school graduate or its equivalent as

782

determined by the department commission.

783

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

784

involving perjury or a false statement, or have received a

785

dishonorable discharge from any of the Armed Forces of the United

786

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

787

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

788

misdemeanor involving perjury or false statement is not eligible

789

for employment, notwithstanding suspension of sentence or

790

withholding of adjudication. Notwithstanding this subparagraph,

791

any person who pled nolo contendere to a misdemeanor involving a

792

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

793

record of that plea sealed or expunged is not ineligible for

794

employment for that reason.

795

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

796

fingerprinting and background investigations and other screening

797

requirements for personnel.

798

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

799

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

800

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

801

executed under oath and constitutes an official statement under

802

s. 837.06. The affidavit must include conspicuous language that

803

the intentional false execution of the affidavit constitutes a

804

misdemeanor of the second degree. The employing agency shall

805

retain the affidavit.

806

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

807

advanced training program, including a competency-based

808

examination for each training course, which is intended to

809

enhance knowledge, skills, and abilities related to job

810

performance.

811

812

career development training program, including a competency-based

813

examination for each training course. Career development courses

814

are intended to prepare personnel for promotion.

815

(d) The department commission is encouraged to design,

816

implement, maintain, evaluate, and revise juvenile justice

817

training courses, or to enter into contracts for such training

818

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

819

being of both citizens and juvenile offenders.

820

(4) JUVENILE JUSTICE TRAINING TRUST FUND.--

821

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

822

Justice Training Trust Fund to be used by the Department of

823

Juvenile Justice for the purpose of funding the development and

824

updating of a job-task analysis of delinquency program staff

825

juvenile justice personnel; the development, implementation, and

826

updating of job-related training courses and examinations; and

827

the cost of commission-approved juvenile justice training

828

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

829

for members of the commission and staff.

830

(b) One dollar from every noncriminal traffic infraction

831

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

832

deposited into the Juvenile Justice Training Trust Fund.

833

834

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

835

source.

836

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

837

cycle or through a supplemental budget approved by the department

838

shall revert to the trust fund.

839

(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

840

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

841

justice training academies shall be determined by the department

842

commission.

843

(6) SCHOLARSHIPS AND STIPENDS.--

844

(a) By rule, the department commission shall establish

845

criteria to award scholarships or stipends to qualified

846

delinquency program staff juvenile justice personnel who are

847

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

848

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

849

The department shall handle the administration of the scholarship

850

or stipend. The Department of Education shall handle the notes

851

issued for the payment of the scholarships or stipends. All

852

scholarship and stipend awards shall be paid from the Juvenile

853

Justice Training Trust Fund upon vouchers approved by the

854

Department of Education and properly certified by the Chief

855

Financial Officer. Prior to the award of a scholarship or

856

stipend, the delinquency program staff juvenile justice employee

857

must agree in writing to practice her or his profession in

858

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

859

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

860

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

861

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

862

the state for deposit into the Juvenile Justice Training Trust

863

Fund.

864

(b) The department commission may establish the scholarship

865

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

866

1996.

867

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

868

adopt rules as necessary to carry out the provisions of this

869

section.

870

(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

871

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

872

Risk Management of the Department of Financial Services is

873

authorized to insure a private agency, individual, or corporation

874

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

875

out the purposes and responsibilities of any program of the

876

department. The coverage authorized herein shall be under the

877

same general terms and conditions as the department is insured

878

for its responsibilities under chapter 284.

879

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

880

staff" means supervisory and direct care staff of a delinquency

881

program as well as support staff who have direct contact with

882

children in a delinquency program that is owned and operated by

883

the department. The Juvenile Justice Standards and Training

884

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

885

shall be reviewed by the Legislature prior to that date.

886

Section 17. Section 985.664, Florida Statutes, is amended

887

to read:

888

985.664 Juvenile justice circuit boards and juvenile

889

justice county councils.--

890

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

891

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

892

justice county council to be established in each of the 67

893

counties. The purpose of each juvenile justice circuit board and

894

each juvenile justice county council is to provide advice and

895

direction to the department and the Children and Youth Cabinet in

896

the development and implementation of juvenile justice programs

897

and to work collaboratively with the department in seeking

898

program improvements and policy changes to address the emerging

899

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

900

delinquency.

901

(2) Each juvenile justice county council shall develop a

902

juvenile justice prevention and early intervention plan for the

903

county and shall collaborate with the circuit board and other

904

county councils assigned to that circuit in the development of a

905

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

906

council and board shall make provision for continual monitoring

907

to identify and remedy disproportionate minority contact with the

908

juvenile justice system. The Children and Youth Cabinet shall

909

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

910

(3) Juvenile justice circuit boards and county councils

911

shall also participate in facilitating interagency cooperation

912

and information sharing with local school authorities, law

913

enforcement agencies, state attorneys, public defenders, judicial

914

entities, local representatives of the department, the Department

915

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

916

based organizations for the purposes of forwarding the goals of

917

the county or circuit plan. Such interagency collaborations shall

918

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

919

and share information to achieve the goals of the juvenile

920

justice prevention and early intervention plan or the

921

comprehensive plan for the circuit.

922

(4) Juvenile justice circuit boards and county councils may

923

apply for and receive public or private grants to be administered

924

by one of the community partners that support one or more

925

components of the county or circuit plan.

926

(5) Juvenile justice circuit boards and county councils

927

shall advise and assist the department in the evaluation and

928

award of prevention and early intervention grant programs,

929

including the Community Juvenile Justice Partnership Grant

930

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

931

Children license plate annual use fees.

932

(6) Each juvenile justice circuit board shall provide an

933

annual report to the department and to the Children and Youth

934

Cabinet describing the activities of the circuit board and each

935

of the county councils contained within its circuit. Such reports

936

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

937

and council and submitted to the Children and Youth Cabinet

938

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

939

department may prescribe a format and content requirements for

940

submission of annual reports.

941

(7) Membership of the juvenile justice circuit board may

942

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

943

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

944

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

945

designees. The remaining 15 members of the board must be

946

appointed by the county councils within that circuit. The board

947

where possible must be composed of an equitable number of members

948

include at least one representative from each county council

949

within the circuit, taking into account differences in

950

population. In appointing members to the circuit board, the

951

county councils must reflect:

952

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

953

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

954

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

955

the Department of Children and Family Services.

956

957

(d) Representation from residents of the targeted high-

958

crime zip code communities as identified by the department and

959

based on referral rates within the county.

960

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

961

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

962

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

963

than three in order to adequately reflect the diversity of the

964

population and community organizations or agencies in the

965

circuit.

966

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

967

circuit board may establish its membership in accordance with

968

subsection (10). For juvenile justice circuit boards organized

969

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

970

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

971

members of the circuit board.

972

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

973

juvenile justice circuit boards established under subsection (9),

974

must include representation from residents of the targeted high-

975

crime zip code communities as identified by the department and

976

based on referral rates within the county and may also include

977

representatives from the following entities:

978

(a) Representatives from the school district, which may

979

include elected school board officials, the school

980

superintendent, school or district administrators, teachers, and

981

counselors.

982

(b) Representatives of the board of county commissioners.

983

984

municipalities within the county.

985

(d) A representative of the corresponding circuit or

986

regional entity of the Department of Children and Family

987

Services.

988

(e) Representatives of local law enforcement agencies,

989

including the sheriff or the sheriff's designee.

990

(f) Representatives of the judicial system.

991

(g) Representatives of the business community.

992

(h) Representatives of other interested officials, groups,

993

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

994

council, public or private providers of juvenile justice programs

995

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

996

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

997

voting membership.

998

(i) Representatives of the faith community.

999

(j) Representatives of victim-service programs and victims

1000

of crimes.

1001

(k) Representatives of the Department of Corrections.

1002

(11) Each juvenile justice county council, or juvenile

1003

justice circuit board established under subsection (9), must

1004

provide for the establishment of an executive committee of not

1005

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

1006

committee must be addressed in the bylaws.

1007

(12) Each juvenile justice circuit board and county council

1008

shall develop bylaws that provide for officers and committees as

1009

the board or council deems necessary and shall specify the

1010

qualifications, method of selection, and term for each office

1011

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

1012

process for appointments to the board or council; election or

1013

appointment of officers; filling of vacant positions; duration of

1014

member terms; provisions for voting; meeting attendance

1015

requirements; and the establishment and duties of an executive

1016

committee, if required under subsection (11).

1017

(13) The secretary shall meet at least annually,

1018

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

1019

chair of the juvenile justice circuit boards and the Children and

1020

Youth Cabinet in order to:

1021

1. Advise juvenile justice circuit board chairs of

1022

statewide juvenile justice issues and activities.

1023

2. Provide and receive comments on prevention and

1024

intervention program budget priorities.

1025

3. Provide and receive comments on the planning process.

1026

4. Discuss program development, program implementation,

1027

quality assurance, and program outcomes.

1028

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

1029

county councils are subject to the provisions of part III of

1030

chapter 112.

1031

(15) Juvenile justice circuit boards and county councils

1032

shall use due diligence in notifying the community of board

1033

vacancies through various community outreach outlets such as

1034

community newspapers, churches, and free public announcements.

1035

Section 18. Section 985.668, Florida Statutes, is amended

1036

to read:

1037

985.668 Innovation zones.--The department shall encourage

1038

each of the juvenile justice circuit boards, in consultation with

1039

the juvenile justice county council within the circuit, to

1040

propose at least one innovation zone within the circuit for the

1041

purpose of implementing any experimental, pilot, or demonstration

1042

project that furthers the legislatively established goals of the

1043

department. An innovation zone is a defined geographic area such

1044

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

1045

delivery area, school campus, or neighborhood providing a

1046

laboratory for the research, development, and testing of the

1047

applicability and efficacy of model programs, policy options, and

1048

new technologies for the department.

1049

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

1050

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

1051

of the proposed innovation zone is to demonstrate that specific

1052

statutory goals can be achieved more effectively by using

1053

procedures that require modification of existing rules, policies,

1054

or procedures, the proposal may request the secretary to waive

1055

such existing rules, policies, or procedures or to otherwise

1056

authorize use of alternative procedures or practices. Waivers of

1057

such existing rules, policies, or procedures must comply with

1058

applicable state or federal law.

1059

(b) For innovation zone proposals that the secretary

1060

determines require changes to state law, the secretary may submit

1061

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

1062

changes to state law, to the chairs of the appropriate

1063

legislative committees for consideration.

1064

1065

determines require waiver of federal law, the secretary may

1066

submit a request for such waivers to the applicable federal

1067

agency.

1068

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

1069

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

1070

(3) Before implementing an innovation zone under this

1071

subsection, the secretary shall, in conjunction with the Office

1072

of Program Policy Analysis and Government Accountability, develop

1073

measurable and valid objectives for such zone within a negotiated

1074

reasonable period of time. Moneys designated for an innovation

1075

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

1076

innovation zone in another operating circuit.

1077

(4) Program models for innovation zone projects include,

1078

but are not limited to:

1079

(a) A forestry alternative work program that provides

1080

selected juvenile offenders an opportunity to serve in a forestry

1081

work program as an alternative to incarceration, in which

1082

offenders assist in wildland firefighting, enhancement of state

1083

land management, environmental enhancement, and land restoration.

1084

(b) A collaborative public/private dropout prevention

1085

partnership that trains personnel from both the public and

1086

private sectors of a target community who are identified and

1087

brought into the school system as an additional resource for

1088

addressing problems which inhibit and retard learning, including

1089

abuse, neglect, financial instability, pregnancy, and substance

1090

abuse.

1091

1092

disadvantaged youth with support services, jobs, training,

1093

counseling, mentoring, and prepaid postsecondary tuition

1094

scholarships.

1095

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

1096

opportunity for juvenile offenders to develop educational and job

1097

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

1098

teaching the offenders skills such as computer-aided design,

1099

modular panel construction, and heavy vehicle repair and

1100

maintenance which will readily transfer to the private sector,

1101

thereby promoting responsibility and productivity.

1102

(e) An infant mortality prevention program that is designed

1103

to discourage unhealthy behaviors such as smoking and alcohol or

1104

drug consumption, reduce the incidence of babies born prematurely

1105

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

1106

babies to be safely discharged earlier from the hospital, reduce

1107

the incidence of child abuse and neglect, and improve parenting

1108

and problem-solving skills.

1109

(f) A regional crime prevention and intervention program

1110

that serves as an umbrella agency to coordinate and replicate

1111

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

1112

offenders, youth crime victims, and school dropouts.

1113

(g) An alternative education outreach school program that

1114

serves delinquent repeat offenders between 14 and 18 years of age

1115

who have demonstrated failure in school and who are referred by

1116

the juvenile court.

1117

(h) A drug treatment and prevention program that provides

1118

early identification of children with alcohol or drug problems to

1119

facilitate treatment, comprehensive screening and assessment,

1120

family involvement, and placement options.

1121

(i) A community resource mother or father program that

1122

emphasizes parental responsibility for the behavior of children,

1123

and requires the availability of counseling services for children

1124

at high risk for delinquent behavior.

1125

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

1126

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

1127

985.676 Community juvenile justice partnership grants.--

1128

(2) GRANT APPLICATION PROCEDURES.--

1129

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

1130

juvenile justice partnership grant, which may be renewed for a

1131

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

1132

shall submit a grant proposal for funding or continued funding to

1133

the department. The department shall establish the grant

1134

application procedures. In order to be considered for funding,

1135

the grant proposal shall include the following assurances and

1136

information:

1137

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

1138

board confirming that the grant application has been reviewed and

1139

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

1140

justice plan as developed by the board.

1141

2. A rationale and description of the program and the

1142

services to be provided, including goals and objectives.

1143

3. A method for identification of the juveniles most likely

1144

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

1145

focus of the program.

1146

4. Provisions for the participation of parents and

1147

guardians in the program.

1148

5. Coordination with other community-based and social

1149

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

1150

and alcohol abuse prevention and dropout prevention programs,

1151

that serve the target population or neighborhood.

1152

6. An evaluation component to measure the effectiveness of

1153

the program in accordance with s. 985.632.

1154

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

1155

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

1156

proposal must establish to the satisfaction of the department

1157

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

1158

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

1159

amount of the grant.

1160

8. The necessary program staff.

1161

(b) The department shall consider the following in awarding

1162

such grants:

1163

1. The recommendations of the juvenile justice county

1164

council as to the priority that should be given to proposals

1165

submitted by entities within a county.

1166

2. The recommendations of the juvenile justice circuit

1167

board as to the priority that should be given to proposals

1168

submitted by entities within a circuit.

1169

1170

As the first priority, the department shall fund applications

1171

that meet the requirements of this section and also fulfill the

1172

local juvenile justice circuit board and county council plans.

1173

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

1174

initiated under a community juvenile justice partnership grant

1175

established pursuant to this section from continuing to operate

1176

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

1177

funding sources. Likewise, This section does not restrict the

1178

number of programs an entity may apply for or operate.

1179

Section 20. Section 985.721, Florida Statutes, is amended

1180

to read:

1181

985.721 Escapes from secure detention or residential

1182

commitment facility.--An escape from:

1183

(1) Any secure detention facility maintained for the

1184

temporary detention of children, pending adjudication,

1185

disposition, or placement;

1186

(2) Any residential commitment facility described in s.

1187

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

1188

punishment, or rehabilitation of children found to have committed

1189

delinquent acts or violations of law; or

1190

(3) Lawful transportation to or from any such secure

1191

detention facility or residential commitment facility,

1192

1193

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

1194

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

1195

775.082, s. 775.083, or s. 775.084.

1196

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

1197

Florida Statutes, are amended to read:

1198

1006.13 Policy of zero tolerance for crime and

1199

victimization.--

1200

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

1201

tolerance for:

1202

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

1203

delinquent acts and crimes occurring whenever and wherever

1204

students are under the jurisdiction of the district school board.

1205

(b) Victimization of students, including taking all steps

1206

necessary to protect the victim of any violent crime from any

1207

further victimization.

1208

(2) The zero tolerance policy shall require students found

1209

to have committed one of the following serious criminal offenses

1210

to be expelled, with or without continuing educational services,

1211

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

1212

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

1213

or juvenile justice system.

1214

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

1215

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

1216

sponsored transportation or possessing a firearm at school.

1217

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

1218

790.162 and 790.163, respectively, involving school or school

1219

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

1220