HB 7087

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 29.008,
3	F.S.; conforming cross-references; amending s. 790.22,
4	F.S.; revising provisions relating to community service
5	programs; amending s. 939.185, F.S.; providing diversion
6	options for specified youth; amending s. 943.053, F.S.;
7	revising provisions relating to dissemination of criminal
8	justice information; amending s. 943.0585, F.S., relating
9	to court-ordered expunction of criminal history records,
10	to revise a reference; amending s. 984.05, F.S.; revising
11	terminology applicable to rules relating to habitual
12	truants; amending s. 984.09, F.S.; deleting duplicative
13	provisions relating to contempt of court and alternative
14	sanctions; amending s. 985.02, F.S.; providing diversion
15	options for specified youth; amending s. 985.03, F.S.;
16	defining the term "ordinary medical care"; amending and
17	redesignating provisions of s. 985.037, F.S.; relating to
18	alterative sanctions; creating s. 985.0375, F.S.;
19	providing for alternative sanctions; amending s. 985.04,
20	F.S.; providing that confidential information obtained
21	during an official's service with juvenile delinquents may
22	be shared with authorized personnel of the Department of
23	Children and Family Services; amending s. 985.245, F.S.;
24	providing additional representatives to the committee
25	developing a risk assessment instrument; providing an
26	additional factor to be considered in a risk assessment
27	instrument; providing for periodic evaluation of risk
28	assessment instruments; amending s. 985.265, F.S.;
29	providing an exception in direct supervision housing for
30	supervision and monitoring of children in a jail or other
31	adult facility; creating s. 985.438, F.S.; providing for
32	commitment alternatives; providing for the Redirection
33	Program; providing eligibility for participation;
34	requiring maintenance of data for program evaluation;
35	amending s. 985.601, F.S.; requiring the Department of
36	Juvenile Justice to adopt rules to establish procedures to
37	provide ordinary medical care, mental health, substance
38	abuse, and developmental disabilities services to youth
39	within the juvenile justice continuum; requiring that
40	certain rulemaking be coordinated with other agencies;
41	requiring counties with non-state-funded delinquency
42	programs for youth to provide diversion options for
43	certain youth in order to participate in a specified
44	delinquency diversion program; amending s. 985.606, F.S.;
45	revising provisions relating to data collection; amending
46	s. 985.632, F.S.; providing for a demonstration project
47	using outcome-based contracts; requiring a report;
48	amending s. 985.644, F.S.; removing the reference to the
49	Department of Children and Family Services as it relates
50	to contracting for certain services; revising provisions
51	relating to the contracting powers of the Department of
52	Juvenile Justice; amending s. 985.66, F.S.; transferring
53	the responsibility for the juvenile justice training
54	program from the Juvenile Justice Standards and Training
55	Commission to the Department of Juvenile Justice;
56	conforming provisions; requiring the department to adopt
57	rules; defining the term "delinquency program staff";
58	amending s. 985.664, F.S.; revising provisions relating to
59	juvenile justice circuit boards and juvenile justice
60	county councils to provide references to the Children and
61	Youth Cabinet; providing additional duties for councils
62	and boards; revising provisions concerning membership of
63	boards and councils; requiring the secretary of the
64	department to meet with the chair of the juvenile justice
65	circuit boards and the Children and Youth Cabinet at least
66	annually for specified purposes; amending s. 985.668,
67	F.S.; including juvenile justice county councils in
68	provisions relating to innovation zone proposals; amending
69	s. 985.676, F.S.; deleting a limit on renewals of annual
70	community juvenile justice partnership grants; providing
71	priority for funding certain applications; amending s.
72	985.721, F.S.; conforming a cross-reference; creating s.
73	1006.125, F.S.; requiring referral to law enforcement of
74	serious criminal offenses; providing for reimbursement of
75	secure detention costs in certain circumstances; providing
76	a limit on such reimbursements; amending s. 1006.13, F.S.;
77	revising provisions relating to school policies concerning
78	crime and victimization to remove references to zero
79	tolerance; providing an appropriation; providing effective
80	dates.
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1.  Paragraph (b) of subsection (3) of section
85	29.008, Florida Statutes, is amended to read:
86	29.008  County funding of court-related functions.--
87	(3)  The following shall be considered a local requirement
88	pursuant to subparagraph (2)(a)1.:
89	(b)  Alternative sanctions coordinators pursuant to s.
90	985.0375 ss. 984.09 and 985.037.
91	Section 2.  Paragraph (c) of subsection (4) of section
92	790.22, Florida Statutes, is amended to read:
93	790.22  Use of BB guns, air or gas-operated guns, or
94	electric weapons or devices by minor under 16; limitation;
95	possession of firearms by minor under 18 prohibited;
96	penalties.--
97	(4)
98	(c)  The juvenile justice circuit boards or juvenile
99	justice county councils or the Department of Juvenile Justice
100	shall establish appropriate community service programs to be
101	available as provided in s. 985.0375 to the alternative
102	sanctions coordinators of the circuit courts in implementing
103	this subsection. The boards or councils or department shall
104	propose the implementation of a community service program in
105	each circuit, and may submit a circuit plan, to be implemented
106	upon approval of the circuit alternative sanctions coordinator.
107	Section 3.  Paragraph (a) of subsection (1) of section
108	939.185, Florida Statutes, is amended to read:
109	939.185  Assessment of additional court costs and
110	surcharges.--
111	(1)(a)  The board of county commissioners may adopt by
112	ordinance an additional court cost, not to exceed $65, to be
113	imposed by the court when a person pleads guilty or nolo
114	contendere to, or is found guilty of, or adjudicated delinquent
115	for, any felony, misdemeanor, delinquent act, or criminal
116	traffic offense under the laws of this state. Such additional
117	assessment shall be accounted for separately by the county in
118	which the offense occurred and be used only in the county
119	imposing this cost, to be allocated as follows:
120	1.  Twenty-five percent of the amount collected shall be
121	allocated to fund innovations to supplement state funding for
122	the elements of the state courts system identified in s. 29.004
123	and county funding for local requirements under s.
124	29.008(2)(a)2.
125	2.  Twenty-five percent of the amount collected shall be
126	allocated to assist counties in providing legal aid programs
127	required under s. 29.008(3)(a).
128	3.  Twenty-five percent of the amount collected shall be
129	allocated to fund personnel and legal materials for the public
130	as part of a law library.
131	4.  Twenty-five percent of the amount collected shall be
132	used as determined by the board of county commissioners to
133	support teen court programs, except as provided in s. 938.19(7),
134	juvenile assessment centers, and other juvenile alternative
135	programs that include diversion options for first time
136	misdemeanant youth or youth age 10 or younger.
137
138	Each county receiving funds under this section shall report the
139	amount of funds collected pursuant to this section and an
140	itemized list of expenditures for all authorized programs and
141	activities. The report shall be submitted in a format developed
142	by the Supreme Court to the Governor, the Chief Financial
143	Officer, the President of the Senate, and the Speaker of the
144	House of Representatives on a quarterly basis beginning with the
145	quarter ending September 30, 2004. Quarterly reports shall be
146	submitted no later than 30 days after the end of the quarter.
147	Any unspent funds at the close of the county fiscal year
148	allocated under subparagraphs 2., 3., and 4., shall be
149	transferred for use pursuant to subparagraph 1.
150	Section 4.  Effective upon the effective date of HB 7089 or
151	similar legislation, if such legislation becomes law, paragraph
152	(a) of subsection (3) of section 943.053, Florida Statutes, is
153	amended to read:
154	943.053  Dissemination of criminal justice information;
155	fees.--
156	(3)(a)1.  Criminal history information, including
157	information relating to minors, compiled by the Criminal Justice
158	Information Program from intrastate sources shall be available
159	on a priority basis to criminal justice agencies for criminal
160	justice purposes free of charge. After providing the program
161	with all known identifying information, persons in the private
162	sector and noncriminal justice agencies may be provided criminal
163	history information upon tender of fees as established in this
164	subsection and in the manner prescribed by rule of the
165	Department of Law Enforcement. Such fees are to offset the cost
166	of producing the record information, including the total cost of
167	creating, storing, maintaining, updating, retrieving, improving,
168	and providing criminal history information in a centralized,
169	automated database, including personnel, technology, and
170	infrastructure expenses. Any access to criminal history
171	information by the private sector or noncriminal justice
172	agencies as provided in this subsection shall be assessed
173	without regard to the quantity or category of criminal history
174	record information requested. Fees may be waived or reduced by
175	the executive director of the Department of Law Enforcement for
176	good cause shown.
177	3.  The subject of a criminal history record which is
178	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
179	of the State Constitution under subparagraph 2. when he or she
180	attains the age of 18 years may thereafter lawfully deny or fail
181	to acknowledge the arrests and dispositions covered by the
182	confidentiality and exemption, except when the subject of the
183	record:
184	a.  Is a candidate for employment with a criminal justice
185	agency;
186	b.  Is a defendant in a criminal prosecution;
187	c.  Petitions for expunction or sealing under s. 943.0585
188	or s. 943.059;
189	d.  Is a candidate for admission to The Florida Bar;
190	e.  Is seeking to be employed or licensed by or to contract
191	with the Department of Children and Family Services or the
192	Department of Juvenile Justice or to be employed or used by a
193	contractor or licensee of either department in a sensitive
194	position having direct contact with children, the
195	developmentally disabled, the aged, or the elderly as provided
196	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
197	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
198	415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
199	f.  Is seeking to be employed or licensed by the Department
200	of Education, any district school board, any university
201	laboratory school, any charter school, any private or parochial
202	school, or any local governmental entity that licenses child
203	care facilities;
204	g.  Is attempting to purchase a firearm from a licensed
205	importer, licensed manufacturer, or licensed dealer and is
206	subject to a criminal history background check under state or
207	federal law; or
208	h.  Is seeking authorization from a Florida seaport
209	identified in s. 311.09 for employment within or access to one
210	or more of such seaports pursuant to s. 311.12 or s. 311.125.
211	4.  Subject to the exceptions in subparagraph 3., a person
212	whose criminal history record is confidential and exempt from s.
213	119.07(1) and s. 24(a), Art. I of the State Constitution under
214	subparagraph 2. when he or she attains the age of 18 years may
215	not be held under any provision of law of this state to commit
216	perjury or to be otherwise liable for giving a false statement
217	by reason of such person's failure to recite or acknowledge the
218	confidential and exempt criminal history record.
219	Section 5.  Paragraph (a) of subsection (4) of section
220	943.0585, Florida Statutes, is amended to read:
221	943.0585  Court-ordered expunction of criminal history
222	records.--The courts of this state have jurisdiction over their
223	own procedures, including the maintenance, expunction, and
224	correction of judicial records containing criminal history
225	information to the extent such procedures are not inconsistent
226	with the conditions, responsibilities, and duties established by
227	this section. Any court of competent jurisdiction may order a
228	criminal justice agency to expunge the criminal history record
229	of a minor or an adult who complies with the requirements of
230	this section. The court shall not order a criminal justice
231	agency to expunge a criminal history record until the person
232	seeking to expunge a criminal history record has applied for and
233	received a certificate of eligibility for expunction pursuant to
234	subsection (2). A criminal history record that relates to a
235	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
236	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
237	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
238	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
239	any violation specified as a predicate offense for registration
240	as a sexual predator pursuant to s. 775.21, without regard to
241	whether that offense alone is sufficient to require such
242	registration, or for registration as a sexual offender pursuant
243	to s. 943.0435, may not be expunged, without regard to whether
244	adjudication was withheld, if the defendant was found guilty of
245	or pled guilty or nolo contendere to the offense, or if the
246	defendant, as a minor, was found to have committed, or pled
247	guilty or nolo contendere to committing, the offense as a
248	delinquent act. The court may only order expunction of a
249	criminal history record pertaining to one arrest or one incident
250	of alleged criminal activity, except as provided in this
251	section. The court may, at its sole discretion, order the
252	expunction of a criminal history record pertaining to more than
253	one arrest if the additional arrests directly relate to the
254	original arrest. If the court intends to order the expunction of
255	records pertaining to such additional arrests, such intent must
256	be specified in the order. A criminal justice agency may not
257	expunge any record pertaining to such additional arrests if the
258	order to expunge does not articulate the intention of the court
259	to expunge a record pertaining to more than one arrest. This
260	section does not prevent the court from ordering the expunction
261	of only a portion of a criminal history record pertaining to one
262	arrest or one incident of alleged criminal activity.
263	Notwithstanding any law to the contrary, a criminal justice
264	agency may comply with laws, court orders, and official requests
265	of other jurisdictions relating to expunction, correction, or
266	confidential handling of criminal history records or information
267	derived therefrom. This section does not confer any right to the
268	expunction of any criminal history record, and any request for
269	expunction of a criminal history record may be denied at the
270	sole discretion of the court.
271	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
272	criminal history record of a minor or an adult which is ordered
273	expunged by a court of competent jurisdiction pursuant to this
274	section must be physically destroyed or obliterated by any
275	criminal justice agency having custody of such record; except
276	that any criminal history record in the custody of the
277	department must be retained in all cases. A criminal history
278	record ordered expunged that is retained by the department is
279	confidential and exempt from the provisions of s. 119.07(1) and
280	s. 24(a), Art. I of the State Constitution and not available to
281	any person or entity except upon order of a court of competent
282	jurisdiction. A criminal justice agency may retain a notation
283	indicating compliance with an order to expunge.
284	(a)  The person who is the subject of a criminal history
285	record that is expunged under this section or under other
286	provisions of law, including s. 943.0515, former s. 893.14,
287	former s. 901.33, and former s. 943.058, may lawfully deny or
288	fail to acknowledge the arrests covered by the expunged record,
289	except when the subject of the record:
290	1.  Is a candidate for employment with a criminal justice
291	agency;
292	2.  Is a defendant in a criminal prosecution;
293	3.  Concurrently or subsequently petitions for relief under
294	this section or s. 943.059;
295	4.  Is a candidate for admission to The Florida Bar;
296	5.  Is seeking to be employed or licensed by or to contract
297	with the Department of Children and Family Services or the
298	Department of Juvenile Justice or to be employed or used by such
299	contractor or licensee in a sensitive position having direct
300	contact with children, the developmentally disabled, the aged,
301	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
302	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
303	409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter
304	400, or chapter 429;
305	6.  Is seeking to be employed or licensed by the Department
306	of Education, any district school board, any university
307	laboratory school, any charter school, any private or parochial
308	school, or any local governmental entity that licenses child
309	care facilities; or
310	7.  Is seeking authorization from a Florida seaport
311	identified in s. 311.09 for employment within or access to one
312	or more of such seaports pursuant to s. 311.12 or s. 311.125.
313	Section 6.  Section 984.05, Florida Statutes, is amended to
314	read:
315	984.05  Rules relating to habitual truants; adoption by
316	State Board of Education and Department of Juvenile
317	Justice.--The Department of Juvenile Justice and the State Board
318	of Education shall work together on the development of, and
319	shall adopt, rules as necessary for administering the
320	implementation of ss. 984.03(27), 985.03(25), and 1003.27.
321	Section 7.  Section 984.09, Florida Statutes, is amended to
322	read:
323	984.09  Punishment for contempt of court; alternative
324	sanctions.--
325	(1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.--Except as
326	otherwise provided in this section, the court may punish any
327	child for contempt for interfering with the court or with court
328	administration, or for violating any provision of this chapter
329	or order of the court relative thereto as provided in s.
330	985.037. It is the intent of the Legislature that the court
331	restrict and limit the use of contempt powers with respect to
332	commitment of a child to a secure facility. A child who commits
333	direct contempt of court or indirect contempt of a valid court
334	order may be taken into custody and ordered to serve an
335	alternative sanction or placed in a secure facility, as
336	authorized in this section, by order of the court.
337	(2)  PLACEMENT IN A SECURE FACILITY.--
338	(a)  A child may be placed in a secure facility as provided
339	in s. 985.037(2) for purposes of punishment for contempt of
340	court if alternative sanctions are unavailable or inappropriate,
341	or if the child has already been ordered to serve an alternative
342	sanction but failed to comply with the sanction.
343	(a)  A delinquent child who has been held in direct or
344	indirect contempt may be placed in a secure detention facility
345	for 5 days for a first offense or 15 days for a second or
346	subsequent offense, or in a secure residential commitment
347	facility.
348	(b)  A child in need of services who has been held in
349	direct contempt or indirect contempt may be placed, for 5 days
350	for a first offense or 15 days for a second or subsequent
351	offense, in a staff-secure shelter or a staff-secure residential
352	facility solely for children in need of services if such
353	placement is available, or, if such placement is not available,
354	the child may be placed in an appropriate mental health facility
355	or substance abuse facility for assessment. In addition to
356	disposition under this paragraph, a child in need of services
357	who is held in direct contempt or indirect contempt may be
358	placed in a physically secure setting as provided under s.
359	984.226 if conditions of eligibility are met.
360	(3)  ALTERNATIVE SANCTIONS.--Each judicial circuit shall
361	have an alternative sanctions coordinator who shall serve under
362	the chief administrative judge of the juvenile division of the
363	circuit court, and who shall coordinate and maintain a spectrum
364	of contempt sanction alternatives in conjunction with the
365	circuit plan implemented in accordance with s. 790.22(4)(c).
366	Upon determining that a child has committed direct contempt of
367	court or indirect contempt of a valid court order, the court may
368	immediately request the alternative sanctions coordinator to
369	recommend the most appropriate available alternative sanction
370	and shall order the child to perform up to 50 hours of
371	community-service manual labor or a similar alternative
372	sanction, unless an alternative sanction is unavailable or
373	inappropriate, or unless the child has failed to comply with a
374	prior alternative sanction. Alternative contempt sanctions may
375	be provided by local industry or by any nonprofit organization
376	or any public or private business or service entity that has
377	entered into a contract with the Department of Juvenile Justice
378	to act as an agent of the state to provide voluntary supervision
379	of children on behalf of the state in exchange for the manual
380	labor of children and limited immunity in accordance with s.
381	768.28(11).
382	(3)(4)  CHILDREN IN NEED OF SERVICES CONTEMPT OF COURT
383	SANCTIONS; PROCEDURE AND DUE PROCESS.--
384	(a)  If a child is charged with direct contempt of court,
385	including traffic court, the court may impose an authorized
386	sanction immediately.
387	(b)  If a child is charged with indirect contempt of court,
388	the court must hold a hearing within 24 hours to determine
389	whether the child committed indirect contempt of a valid court
390	order. At the hearing, the following due process rights must be
391	provided to the child:
392	1.  Right to a copy of the order to show cause alleging
393	facts supporting the contempt charge.
394	2.  Right to an explanation of the nature and the
395	consequences of the proceedings.
396	3.  Right to legal counsel and the right to have legal
397	counsel appointed by the court if the juvenile is indigent,
398	pursuant to s. 985.033.
399	4.  Right to confront witnesses.
400	5.  Right to present witnesses.
401	6.  Right to have a transcript or record of the proceeding.
402	7.  Right to appeal to an appropriate court.
403
404	The child's parent or guardian may address the court regarding
405	the due process rights of the child. The court shall review the
406	placement of the child every 72 hours to determine whether it is
407	appropriate for the child to remain in the facility.
408	(c)  The court may not order that a child be placed in a
409	secure facility for punishment for contempt unless the court
410	determines that an alternative sanction is inappropriate or
411	unavailable or that the child was initially ordered to an
412	alternative sanction and did not comply with the alternative
413	sanction. The court is encouraged to order a child to perform
414	community service, up to the maximum number of hours, where
415	appropriate before ordering that the child be placed in a secure
416	facility as punishment for contempt of court.
417	(d)  In addition to any other sanction imposed under s.
418	985.037 this section, the court may direct the Department of
419	Highway Safety and Motor Vehicles to withhold issuance of, or
420	suspend, a child's driver's license or driving privilege. The
421	court may order that a child's driver's license or driving
422	privilege be withheld or suspended for up to 1 year for a first
423	offense of contempt and up to 2 years for a second or subsequent
424	offense. If the child's driver's license or driving privilege is
425	suspended or revoked for any reason at the time the sanction for
426	contempt is imposed, the court shall extend the period of
427	suspension or revocation by the additional period ordered under
428	this paragraph. If the child's driver's license is being
429	withheld at the time the sanction for contempt is imposed, the
430	period of suspension or revocation ordered under this paragraph
431	shall begin on the date on which the child is otherwise eligible
432	to drive. for a child in need of services whose driver's license
433	or driving privilege is suspended under that section this
434	paragraph, the court may direct the Department of Highway Safety
435	and Motor Vehicles to issue the child a license for driving
436	privileges restricted to business or employment purposes only,
437	as defined in s. 322.271, or for the purpose of completing
438	court-ordered community service, if the child is otherwise
439	qualified for a license. However, the department may not issue a
440	restricted license unless specifically ordered to do so by the
441	court.
442	(5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is created
443	the position of alternative sanctions coordinator within each
444	judicial circuit, pursuant to subsection (3). Each alternative
445	sanctions coordinator shall serve under the direction of the
446	chief administrative judge of the juvenile division as directed
447	by the chief judge of the circuit. The alternative sanctions
448	coordinator shall act as the liaison between the judiciary,
449	local department officials, district school board employees, and
450	local law enforcement agencies. The alternative sanctions
451	coordinator shall coordinate within the circuit community-based
452	alternative sanctions, including nonsecure detention programs,
453	community service projects, and other juvenile sanctions, in
454	conjunction with the circuit plan implemented in accordance with
455	s. 790.22(4)(c).
456	Section 8.  Paragraph (e) is added to subsection (3) of
457	section 985.02, Florida Statutes, to read:
458	985.02  Legislative intent for the juvenile justice
459	system.--
460	(3)  JUVENILE JUSTICE AND DELINQUENCY PREVENTION.--It is
461	the policy of the state with respect to juvenile justice and
462	delinquency prevention to first protect the public from acts of
463	delinquency. In addition, it is the policy of the state to:
464	(e)  Encourage and promote diversion options when
465	appropriate, especially for first-time misdemeanant youth or
466	youth age 10 or younger.
467
468	The Legislature intends that detention care, in addition to
469	providing secure and safe custody, will promote the health and
470	well-being of the children committed thereto and provide an
471	environment that fosters their social, emotional, intellectual,
472	and physical development.
473	Section 9.  Subsections (39) through (57) of section
474	985.03, Florida Statutes, are redesignated as subsections (40)
475	through (58), respectively, and a new subsection (39) is added
476	to that section to read:
477	985.03  Definitions.--As used in this chapter, the term:
478	(39)  "Ordinary medical care" means medical procedures
479	which are administered or performed on a routine basis and
480	include, but are not limited to, inoculations, physical
481	examinations, remedial treatment for minor illnesses and
482	injuries, preventive services, medication management, chronic
483	disease management, and other medical procedures that are
484	administered or performed on a routine basis and that do not
485	involve hospitalization, surgery, or use of general anesthesia.
486	Section 10.  Subsections (1), (2), and (4) of section
487	985.037, Florida Statutes, are amended, and subsections (3) and
488	(5) of that section are redesignated as subsections (1) and (2)
489	of section 985.0375, Florida Statutes, and amended to read:
490	985.037  Punishment for contempt of court; alternative
491	sanctions.--
492	(1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court may
493	punish any child for contempt for interfering with the court or
494	with court administration, or for violating any provision of
495	this chapter or order of the court relative thereto. It is the
496	intent of the Legislature that the court restrict and limit the
497	use of contempt powers with respect to commitment of a child to
498	a secure facility. A child who commits direct contempt of court
499	or indirect contempt of a valid court order may be taken into
500	custody and ordered to serve an alternative sanction or placed
501	in a secure facility, as authorized in this section, by order of
502	the court.
503	(2)  PLACEMENT IN A SECURE FACILITY.--A child may be placed
504	in a secure facility for purposes of punishment for contempt of
505	court if alternative sanctions are unavailable or inappropriate,
506	or if the child has already been ordered to serve an alternative
507	sanction but failed to comply with the sanction. A delinquent
508	child who has been held in direct or indirect contempt may be
509	placed in a secure detention facility not to exceed 5 days for a
510	first offense and not to exceed 15 days for a second or
511	subsequent offense.
512	(3)(4)  CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
513	PROCESS.--
514	(a)  If a child is charged with direct contempt of court,
515	including traffic court, the court may impose an authorized
516	sanction immediately.
517	(b)  If a child is charged with indirect contempt of court,
518	the court must hold a hearing within 24 hours to determine
519	whether the child committed indirect contempt of a valid court
520	order. At the hearing, the following due process rights must be
521	provided to the child:
522	1.  Right to a copy of the order to show cause alleging
523	facts supporting the contempt charge.
524	2.  Right to an explanation of the nature and the
525	consequences of the proceedings.
526	3.  Right to legal counsel and the right to have legal
527	counsel appointed by the court if the juvenile is indigent,
528	under s. 985.033.
529	4.  Right to confront witnesses.
530	5.  Right to present witnesses.
531	6.  Right to have a transcript or record of the proceeding.
532	7.  Right to appeal to an appropriate court.
533
534	The child's parent or guardian may address the court regarding
535	the due process rights of the child. The court shall review the
536	placement of the child every 72 hours to determine whether it is
537	appropriate for the child to remain in the facility.
538	(c)  The court may not order that a child be placed in a
539	secure facility for punishment for contempt unless the court
540	determines that an alternative sanction is inappropriate or
541	unavailable or that the child was initially ordered to an
542	alternative sanction and did not comply with the alternative
543	sanction. The court is encouraged to order a child to perform
544	community service, up to the maximum number of hours, where
545	appropriate before ordering that the child be placed in a secure
546	facility as punishment for contempt of court.
547	(d)  In addition to any other sanction imposed under this
548	section, the court may direct the Department of Highway Safety
549	and Motor Vehicles to withhold issuance of, or suspend, a
550	child's driver's license or driving privilege. The court may
551	order that a child's driver's license or driving privilege be
552	withheld or suspended for up to 1 year for a first offense of
553	contempt and up to 2 years for a second or subsequent offense.
554	If the child's driver's license or driving privilege is
555	suspended or revoked for any reason at the time the sanction for
556	contempt is imposed, the court shall extend the period of
557	suspension or revocation by the additional period ordered under
558	this paragraph. If the child's driver's license is being
559	withheld at the time the sanction for contempt is imposed, the
560	period of suspension or revocation ordered under this paragraph
561	shall begin on the date on which the child is otherwise eligible
562	to drive.
563	985.0375  Alternative sanctions.--
564	(1)(3)  ALTERNATIVE SANCTIONS.--Each judicial circuit shall
565	have an alternative sanctions coordinator who shall serve under
566	the chief administrative judge of the juvenile division of the
567	circuit court, and who shall coordinate and maintain a spectrum
568	of contempt sanction alternatives in conjunction with the
569	circuit plan implemented in accordance with s. 790.22(4)(c).
570	Upon determining that a child has committed direct contempt of
571	court or indirect contempt of a valid court order, the court may
572	immediately request the alternative sanctions coordinator to
573	recommend the most appropriate available alternative sanction
574	and shall order the child to perform up to 50 hours of
575	community-service manual labor or a similar alternative
576	sanction, unless an alternative sanction is unavailable or
577	inappropriate, or unless the child has failed to comply with a
578	prior alternative sanction. Alternative contempt sanctions may
579	be provided by local industry or by any nonprofit organization
580	or any public or private business or service entity that has
581	entered into a contract with the department of Juvenile Justice
582	to act as an agent of the state to provide voluntary supervision
583	of children on behalf of the state in exchange for the manual
584	labor of children and limited immunity in accordance with s.
585	768.28(11).
586	(2)(5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is
587	created the position of alternative sanctions coordinator within
588	each judicial circuit, pursuant to subsection (1)(3). Each
589	alternative sanctions coordinator shall serve under the
590	direction of the chief administrative judge of the juvenile
591	division as directed by the chief judge of the circuit. The
592	alternative sanctions coordinator shall act as the liaison
593	between the judiciary, local department officials, district
594	school board employees, and local law enforcement agencies. The
595	alternative sanctions coordinator shall coordinate within the
596	circuit community-based alternative sanctions, including
597	nonsecure detention programs, community service projects, and
598	other juvenile sanctions, to implement s. 790.22(4) in
599	conjunction with the circuit plan implemented in accordance with
600	s. 790.22(4)(c).
601	Section 11.  Subsections (1) and (7) of section 985.04,
602	Florida Statutes, are amended to read:
603	985.04  Oaths; records; confidential information.--
604	(1)  Except as provided in subsections (2), (3), (6), and
605	(7) and s. 943.053, all information obtained under this chapter
606	in the discharge of official duty by any judge, any employee of
607	the court, any authorized agent of the department, the Parole
608	Commission, the Department of Corrections, the juvenile justice
609	circuit boards, any law enforcement agent, or any licensed
610	professional or licensed community agency representative
611	participating in the assessment or treatment of a juvenile is
612	confidential and may be disclosed only to the authorized
613	personnel of the court, the department and its designees, the
614	Department of Corrections, the Department of Children and Family
615	Services, the Parole Commission, law enforcement agents, school
616	superintendents and their designees, any licensed professional
617	or licensed community agency representative participating in the
618	assessment or treatment of a juvenile, and others entitled under
619	this chapter to receive that information, or upon order of the
620	court. Within each county, the sheriff, the chiefs of police,
621	the district school superintendent, and the department shall
622	enter into an interagency agreement for the purpose of sharing
623	information about juvenile offenders among all parties. The
624	agreement must specify the conditions under which summary
625	criminal history information is to be made available to
626	appropriate school personnel, and the conditions under which
627	school records are to be made available to appropriate
628	department personnel. Such agreement shall require notification
629	to any classroom teacher of assignment to the teacher's
630	classroom of a juvenile who has been placed in a probation or
631	commitment program for a felony offense. The agencies entering
632	into such agreement must comply with s. 943.0525, and must
633	maintain the confidentiality of information that is otherwise
634	exempt from s. 119.07(1), as provided by law.
635	(7)(a)  Records in the custody of the department regarding
636	children are not open to inspection by the public. Such records
637	may be inspected only upon order of the Secretary of Juvenile
638	Justice or his or her authorized agent by persons who have
639	sufficient reason and upon such conditions for their use and
640	disposition as the secretary or his or her authorized agent
641	deems proper. The information in such records may be disclosed
642	only to other employees of the department who have a need
643	therefor in order to perform their official duties; to other
644	persons as authorized by rule of the department; and, upon
645	request, to the Department of Corrections and the Department of
646	Children and Family Services. The secretary or his or her
647	authorized agent may permit properly qualified persons to
648	inspect and make abstracts from records for statistical purposes
649	under whatever conditions upon their use and disposition the
650	secretary or his or her authorized agent deems proper, provided
651	adequate assurances are given that children's names and other
652	identifying information will not be disclosed by the applicant.
653	(b)  The destruction of records pertaining to children
654	committed to or supervised by the department pursuant to a court
655	order, which records are retained until a child reaches the age
656	of 24 years or until a serious or habitual delinquent child
657	reaches the age of 26 years, shall be subject to chapter 943.
658	Section 12.  Subsection (2) of section 985.245, Florida
659	Statutes, is amended to read:
660	985.245  Risk assessment instrument.--
661	(2)(a)  The risk assessment instrument for detention care
662	placement determinations and court orders shall be developed by
663	the department in consultation agreement with a committee
664	composed of two representatives appointed by the following
665	associations: the Conference of Circuit Judges of Florida, the
666	Prosecuting Attorneys Association, the Public Defenders
667	Association, the Florida Sheriffs Association, and the Florida
668	Association of Chiefs of Police. Each association shall appoint
669	two individuals, one representing an urban area and one
670	representing a rural area. In addition, the committee shall
671	include two representatives from child advocacy organizations,
672	and two recognized child mental health experts, appointed by the
673	department. The parties involved shall evaluate and revise the
674	risk assessment instrument as is considered necessary using the
675	method for revision as agreed by the parties. The risk
676	assessment instrument shall be evaluated to determine if the
677	instrument contributes to disproportionate minority contact.
678	(b)  The risk assessment instrument shall take into
679	consideration, but need not be limited to, prior history of
680	failure to appear, prior offenses, prior history of residential
681	delinquency commitments, offenses committed pending
682	adjudication, any unlawful possession of a firearm, theft of a
683	motor vehicle or possession of a stolen motor vehicle, and
684	probation status at the time the child is taken into custody.
685	The risk assessment instrument shall also take into
686	consideration appropriate aggravating and mitigating
687	circumstances, and shall be designed to target a narrower
688	population of children than s. 985.255. The risk assessment
689	instrument shall also include any information concerning the
690	child's history of abuse and neglect. The risk assessment shall
691	indicate whether detention care is warranted, and, if detention
692	care is warranted, whether the child should be placed into
693	secure, nonsecure, or home detention care.
694	(c)  Any risk assessment instrument used for detention care
695	placement determinations and court orders shall be validated not
696	later than December 31, 2008, and periodically evaluated
697	thereafter for continued validity.
698	Section 13.  Subsection (5) of section 985.265, Florida
699	Statutes, is amended to read:
700	985.265  Detention transfer and release; education; adult
701	jails.--
702	(5)  The court shall order the delivery of a child to a
703	jail or other facility intended or used for the detention of
704	adults:
705	(a)  When the child has been transferred or indicted for
706	criminal prosecution as an adult under part X, except that the
707	court may not order or allow a child alleged to have committed a
708	misdemeanor who is being transferred for criminal prosecution
709	pursuant to either s. 985.556 or s. 985.557 to be detained or
710	held in a jail or other facility intended or used for the
711	detention of adults; however, such child may be held temporarily
712	in a detention facility; or
713	(b)  When a child taken into custody in this state is
714	wanted by another jurisdiction for prosecution as an adult.
715
716	The child shall be housed separately from adult inmates to
717	prohibit a child from having regular contact with incarcerated
718	adults, including trustees. "Regular contact" means sight and
719	sound contact. Separation of children from adults shall permit
720	no more than haphazard or accidental contact. The receiving jail
721	or other facility shall contain a separate section for children
722	and shall have an adequate staff to supervise and monitor the
723	child's activities at all times. Supervision and monitoring of
724	children includes physical observation and documented checks by
725	jail or receiving facility supervisory personnel at intervals
726	not to exceed 15 minutes, except in direct supervision housing
727	with 24-hour supervision. This subsection does not prohibit
728	placing two or more children in the same cell. Under no
729	circumstances shall a child be placed in the same cell with an
730	adult.
731	Section 14.  Section 985.438, Florida Statutes, is created
732	to read:
733	985.438  Commitment alternatives; Redirection Program.--
734	(1)  The Redirection Program is created for the purpose of
735	providing an alternative to residential commitment for eligible
736	youth that would otherwise be committed to a residential
737	program. Under this program, eligible youth may be diverted or
738	redirected to a therapy-based community program when
739	appropriate. The department, in conjunction with the chief judge
740	and the state attorney in each participating judicial circuit,
741	shall develop criteria to identify those eligible youth that are
742	appropriate for participation in the program. Eligible youth
743	shall include youth that:
744	(a)  Have been adjudicated delinquent, or have had
745	adjudication withheld, for a non-law violation such as a
746	violation of a condition of probation; or
747	(b)  Have been adjudicated delinquent, or have had
748	adjudication withheld, for a nonviolent felony, other than a
749	first degree felony or any felony direct-filed in adult court,
750	except that a female adjudicated delinquent, or with
751	adjudication withheld, for domestic violence shall be considered
752	eligible.
753	(2)  The Redirection Program must provide evidence-based
754	multisystemic therapy and functional family therapy, except that
755	treatment services shall be functional family therapy for youth
756	for whom these services are appropriate.
757	(3)  The department shall maintain the data necessary for
758	continued longitudinal evaluations of the program, including
759	those relating to program expansion and program effectiveness.
760	Section 15.  Subsection (2) of section 985.601, Florida
761	Statutes, is amended, and paragraph (e) is added to subsection
762	(3) of that section, to read:
763	985.601  Administering the juvenile justice continuum.--
764	(2)(a)  The department shall develop and implement an
765	appropriate continuum of care that provides individualized,
766	multidisciplinary assessments, objective evaluations of relative
767	risks, and the matching of needs with placements for all
768	children under its care, and that uses a system of case
769	management to facilitate each child being appropriately
770	assessed, provided with services, and placed in a program that
771	meets the child's needs.
772	(b)  As part of the continuum of services, the department
773	shall adopt rules establishing procedures to provide ordinary
774	medical care, mental health, substance abuse, and developmental
775	disabilities services to youth within the juvenile justice
776	continuum as defined in s. 985.03. The department shall
777	coordinate such rulemaking with other affected agencies to avoid
778	duplication, conflict, or inconsistency.
779	(3)
780	(e)  In order to be eligible to participate in the state-
781	funded Intensive Delinquency Diversion Services Program,
782	counties with non-state-funded delinquency programs for youth
783	must include diversion options for first-time misdemeanant youth
784	or youth 10 years of age 10 or younger, unless otherwise
785	prohibited.
786	Section 16.  Section 985.606, Florida Statutes, is amended
787	to read:
788	985.606  Prevention services providers; outcome performance
789	data collection; reporting.--Each state agency or entity that
790	receives or uses state appropriations to fund programs, grants,
791	appropriations, or activities that are designed to prevent
792	juvenile crime, delinquency, gang membership, status offenses,
793	or that are designed to prevent a child from becoming a "child
794	in need of services," as defined in chapter 984, shall collect
795	data relative to the outcomes related to performance of such
796	activities and shall provide said data to the Governor, the
797	President of the Senate, and the Speaker of the House no later
798	than January 31st of each year for the preceding fiscal year.
799	Section 17.  Subsection (8) is added to section 985.632,
800	Florida Statutes, to read:
801	985.632  Quality assurance and cost-effectiveness; outcome-
802	based contracting.--
803	(8)  To create an accountable juvenile justice system that
804	is outcome-based, the department is authorized to conduct a
805	demonstration project using outcome-based contracts. During
806	fiscal year 2008-2009, the department shall develop, in
807	consultation with the Department of Financial Services and a
808	provider organization with multiple sites, an implementation
809	plan for outcome-based contracting. Such a plan shall include
810	interim and long-term outcome performance measures, strategies
811	for using financial incentives and disincentives to increase
812	provider performance, a plan to shift oversight and monitoring
813	of providers from a compliance-based approach to a more outcome-
814	based approach, and recommendations of needed legislative action
815	for implementation. This plan shall be submitted to the
816	Executive Office of the Governor, the Speaker of the House of
817	Representatives, and the President of the Senate no later than
818	March 1, 2009.
819	Section 18.  Section 985.644, Florida Statutes, is amended
820	to read:
821	985.644  Departmental contracting powers; personnel
822	standards and screening.--
823	(1)  The department of Juvenile Justice or the Department
824	of Children and Family Services, as appropriate, may contract
825	with the Federal Government, other state departments and
826	agencies, county and municipal governments and agencies, public
827	and private agencies, and private individuals and corporations
828	in carrying out the purposes of, and the responsibilities
829	established in, this chapter.
830	(a)  When the department of Juvenile Justice or the
831	Department of Children and Family Services contracts with a
832	provider for any program for children, all personnel, including
833	owners, operators, employees, and volunteers, in the facility
834	must be of good moral character. Each contract entered into by
835	the either department for services delivered on an appointment
836	or intermittent basis by a provider that does not have regular
837	custodial responsibility for children and each contract with a
838	school for before or aftercare services must ensure that the
839	owners, operators, and all personnel who have direct contact
840	with children are of good moral character. A volunteer who
841	assists on an intermittent basis for less than 40 hours per
842	month need not be screened if the volunteer is under direct and
843	constant supervision by persons who meet the screening
844	requirements.
845	(b)  The department of Juvenile Justice and the Department
846	of Children and Family Services shall require employment
847	screening pursuant to chapter 435, using the level 2 standards
848	set forth in that chapter for personnel in programs for children
849	or youths.
850	(c)  The department of Juvenile Justice or the Department
851	of Children and Family Services may grant exemptions from
852	disqualification from working with children as provided in s.
853	435.07.
854	(2)  The department may contract with the Federal
855	Government, other state departments and agencies, county and
856	municipal governments and agencies, public and private agencies,
857	and private individuals and corporations in carrying out the
858	purposes and the responsibilities of the delinquency services
859	and programs of the department.
860	(2)(3)  The department shall adopt a rule pursuant to
861	chapter 120 establishing a procedure to provide notice of policy
862	changes that affect contracted delinquency services and
863	programs. A policy is defined as an operational requirement that
864	applies to only the specified contracted delinquency service or
865	program. The procedure must shall include:
866	(a)  Public notice of policy development.
867	(b)  Opportunity for public comment on the proposed policy.
868	(c)  Assessment for fiscal impact upon the department and
869	providers.
870	(d)  The department's response to comments received.
871	(4)  When the department contracts with a provider for any
872	delinquency service or program, all personnel, including all
873	owners, operators, employees, and volunteers in the facility or
874	providing the service or program shall be of good moral
875	character. A volunteer who assists on an intermittent basis for
876	less than 40 hours per month is not required to be screened if
877	the volunteer is under direct and constant supervision by
878	persons who meet the screening requirements.
879	(3)(5)(a)  For any person employed by the department, or by
880	a provider under contract with the department, in delinquency
881	facilities, services, or programs, the department shall require:
882	1.  A level 2 employment screening pursuant to chapter 435
883	prior to employment.
884	2.  A federal criminal records check by the Federal Bureau
885	of Investigation every 5 years following the date of the
886	person's employment.
887	(b)  Except for law enforcement, correctional, and
888	correctional probation officers, to whom s. 943.13(5) applies,
889	the department shall electronically submit to the Department of
890	Law Enforcement:
891	1.  Fingerprint information obtained during the employment
892	screening required by subparagraph (a)1.
893	2.  Beginning on December 15, 2005, Fingerprint information
894	for all persons employed by the department, or by a provider
895	under contract with the department, in delinquency facilities,
896	services, or programs if such fingerprint information has not
897	previously been electronically submitted to the Department of
898	Law Enforcement under this paragraph.
899	(c)  All fingerprint information electronically submitted
900	to the Department of Law Enforcement under paragraph (b) shall
901	be retained by the Department of Law Enforcement and entered
902	into the statewide automated fingerprint identification system
903	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
904	information shall be available for all purposes and uses
905	authorized for arrest fingerprint information entered into the
906	statewide automated fingerprint identification system pursuant
907	to s. 943.051 until the fingerprint information is removed under
908	pursuant to paragraph (e). The Department of Law Enforcement
909	shall search all arrest fingerprint information received
910	pursuant to s. 943.051 against the fingerprint information
911	entered into the statewide automated fingerprint system under
912	pursuant to this subsection. Any arrest records identified as a
913	result of the search shall be reported to the department in the
914	manner and timeframe established by the Department of Law
915	Enforcement by rule.
916	(d)  The department shall pay an annual fee to the
917	Department of Law Enforcement for its costs resulting from the
918	fingerprint information retention services required by this
919	subsection. The amount of the annual fee and procedures for the
920	submission and retention of fingerprint information and for the
921	dissemination of search results shall be established by the
922	Department of Law Enforcement by adopting a rule that is
923	applicable to the department individually under pursuant to this
924	subsection or that is applicable to the department and other
925	employing agencies pursuant to rulemaking authority otherwise
926	provided by law.
927	(e)  The department shall notify the Department of Law
928	Enforcement when a person whose fingerprint information is
929	retained by the Department of Law Enforcement under this
930	subsection is no longer employed by the department, or by a
931	provider under contract with the department, in a delinquency
932	facility, service, or program. This notice shall be provided by
933	the department to the Department of Law Enforcement no later
934	than 6 months after the date of the change in the person's
935	employment status. Fingerprint information for persons
936	identified by the department in the notice shall be removed from
937	the statewide automated fingerprint system.
938	(6)  The department may grant exemptions from
939	disqualification from working with children as provided in s.
940	435.07.
941	Section 19.  Subsections (2) and (3), paragraph (a) of
942	subsection (4), and subsections (5), (6), (7), (8), and (9) of
943	section 985.66, Florida Statutes, are amended to read:
944	985.66  Juvenile justice training academies; Juvenile
945	Justice Standards and Training Commission; Juvenile Justice
946	Training Trust Fund.--
947	(2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
948	STANDARDS AND TRAINING COMMISSION.--
949	(a)  There is created under the Department of Juvenile
950	Justice the Juvenile Justice Standards and Training Commission,
951	hereinafter referred to as the commission. The 17-member
952	commission shall consist of the Attorney General or designee,
953	the Commissioner of Education or designee, a member of the
954	juvenile court judiciary to be appointed by the Chief Justice
955	of the Supreme Court, and 14 members to be appointed by the
956	Secretary of Juvenile Justice as follows:
957	1.  Seven members shall be juvenile justice professionals:
958	a superintendent or a direct care staff member from an
959	institution; a director from a contracted community-based
960	program; a superintendent and a direct care staff member from a
961	regional detention center or facility; a juvenile probation
962	officer supervisor and a juvenile probation officer; and a
963	director of a day treatment or conditional release program. No
964	fewer than three of these members shall be contract providers.
965	2.  Two members shall be representatives of local law
966	enforcement agencies.
967	3.  One member shall be an educator from the state's
968	university and community college program of criminology,
969	criminal justice administration, social work, psychology,
970	sociology, or other field of study pertinent to the training of
971	juvenile justice program staff.
972	4.  One member shall be a member of the public.
973	5.  One member shall be a state attorney, or assistant
974	state attorney, who has juvenile court experience.
975	6.  One member shall be a public defender, or assistant
976	public defender, who has juvenile court experience.
977	7.  One member shall be a representative of the business
978	community.
979
980	All appointed members shall be appointed to serve terms of 2
981	years.
982	(b)  The composition of the commission shall be broadly
983	reflective of the public and shall include minorities and
984	women. The term "minorities" as used in this paragraph means a
985	member of a socially or economically disadvantaged group that
986	includes blacks, Hispanics, and American Indians.
987	(c)  The Department of Juvenile Justice shall provide the
988	commission with staff necessary to assist the commission in the
989	performance of its duties.
990	(d)  The commission shall annually elect its chairperson
991	and other officers. The commission shall hold at least four
992	regular meetings each year at the call of the chairperson or
993	upon the written request of three members of the commission. A
994	majority of the members of the commission constitutes a quorum.
995	Members of the commission shall serve without compensation but
996	are entitled to be reimbursed for per diem and travel expenses
997	as provided by s. 112.061 and these expenses shall be paid from
998	the Juvenile Justice Training Trust Fund.
999	(e)  The powers, duties, and functions of the department
1000	commission shall be to:
1001	(a)1.  Designate the location of the training academies;
1002	develop, implement, maintain, and update the curriculum to be
1003	used in the training of delinquency juvenile justice program
1004	staff; establish timeframes for participation in and completion
1005	of training by delinquency juvenile justice program staff;
1006	develop, implement, maintain, and update job-related
1007	examinations; develop, implement, and update the types and
1008	frequencies of evaluations of the training academies; approve,
1009	modify, or disapprove the budget for the training academies,
1010	and the contractor to be selected to organize and operate the
1011	training academies and to provide the training curriculum.
1012	(b)2.  Establish uniform minimum job-related training
1013	courses and examinations for delinquency juvenile justice
1014	program staff.
1015	(c)3.  Consult and cooperate with the state or any
1016	political subdivision; any private entity or contractor; and
1017	with private and public universities, colleges, community
1018	colleges, and other educational institutions concerning the
1019	development of juvenile justice training and programs or
1020	courses of instruction, including, but not limited to,
1021	education and training in the areas of juvenile justice.
1022	(d)4.  Enter into With the approval of the department,
1023	make and enter into such contracts and agreements with other
1024	agencies, organizations, associations, corporations,
1025	individuals, or federal agencies as the commission determines
1026	are necessary in the execution of its powers or the performance
1027	of its duties.
1028	5.  Make recommendations to the Department of Juvenile
1029	Justice concerning any matter within the purview of this
1030	section.
1031	(3)  JUVENILE JUSTICE TRAINING PROGRAM.--The department
1032	commission shall establish a certifiable program for juvenile
1033	justice training pursuant to this section, and all delinquency
1034	department program staff and providers who deliver direct care
1035	services pursuant to contract with the department shall be
1036	required to participate in and successfully complete the
1037	commission-approved program of training pertinent to their
1038	areas of responsibility. Judges, state attorneys, and public
1039	defenders, law enforcement officers, and school district
1040	personnel may participate in such training program. For the
1041	delinquency juvenile justice program staff, the department
1042	commission shall, based on a job-task analysis:
1043	(a)  Design, implement, maintain, evaluate, and revise a
1044	basic training program, including a competency-based
1045	examination, for the purpose of providing minimum employment
1046	training qualifications for all delinquency program staff
1047	juvenile justice personnel. All delinquency program staff of
1048	the department and providers who deliver direct-care services
1049	who are hired after October 1, 1999, must meet the following
1050	minimum requirements:
1051	1.  Be at least 19 years of age.
1052	2.  Be a high school graduate or its equivalent as
1053	determined by the department commission.
1054	3.  Not have been convicted of any felony or a misdemeanor
1055	involving perjury or a false statement, or have received a
1056	dishonorable discharge from any of the Armed Forces of the
1057	United States. Any person who, after September 30, 1999, pleads
1058	guilty or nolo contendere to or is found guilty of any felony
1059	or a misdemeanor involving perjury or false statement is not
1060	eligible for employment, notwithstanding suspension of sentence
1061	or withholding of adjudication. Notwithstanding this
1062	subparagraph, any person who pled nolo contendere to a
1063	misdemeanor involving a false statement before October 1, 1999,
1064	and who has had such record of that plea sealed or expunged is
1065	not ineligible for employment for that reason.
1066	4.  Abide by all the provisions of s. 985.644(1) regarding
1067	fingerprinting and background investigations and other
1068	screening requirements for personnel.
1069	5.  Execute and submit to the department an affidavit-of-
1070	application form, adopted by the department, attesting to his
1071	or her compliance with subparagraphs 1.-4. The affidavit must
1072	be executed under oath and constitutes an official statement
1073	under s. 837.06. The affidavit must include conspicuous
1074	language that the intentional false execution of the affidavit
1075	constitutes a misdemeanor of the second degree. The employing
1076	agency shall retain the affidavit.
1077	(b)  Design, implement, maintain, evaluate, and revise an
1078	advanced training program, including a competency-based
1079	examination for each training course, which is intended to
1080	enhance knowledge, skills, and abilities related to job
1081	performance.
1082	(c)  Design, implement, maintain, evaluate, and revise a
1083	career development training program, including a competency-
1084	based examination for each training course. Career development
1085	courses are intended to prepare personnel for promotion.
1086
1087	(d)  The department commission is encouraged to design,
1088	implement, maintain, evaluate, and revise juvenile justice
1089	training courses, or to enter into contracts for such training
1090	courses, that are intended to provide for the safety and well-
1091	being of both citizens and juvenile offenders.
1092	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
1093	(a)  There is created within the State Treasury a Juvenile
1094	Justice Training Trust Fund to be used by the Department of
1095	Juvenile Justice for the purpose of funding the development and
1096	updating of a job-task analysis of delinquency program staff
1097	juvenile justice personnel; the development, implementation,
1098	and updating of job-related training courses and examinations;
1099	and the cost of commission-approved juvenile justice training
1100	courses; and reimbursement for expenses as provided in s.
1101	112.061 for members of the commission and staff.
1102	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING
1103	ACADEMIES.--The number, location, and establishment of juvenile
1104	justice training academies shall be determined by the
1105	department commission.
1106	(6)  SCHOLARSHIPS AND STIPENDS.--
1107	(a)  By rule, the department commission shall establish
1108	criteria to award scholarships or stipends to qualified
1109	delinquency program staff juvenile justice personnel who are
1110	residents of the state who want to pursue a bachelor's or
1111	associate in arts degree in juvenile justice or a related
1112	field. The department shall handle the administration of the
1113	scholarship or stipend.  The Department of Education shall
1114	handle the notes issued for the payment of the scholarships or
1115	stipends. All scholarship and stipend awards shall be paid from
1116	the Juvenile Justice Training Trust Fund upon vouchers approved
1117	by the Department of Education and properly certified by the
1118	Chief Financial Officer. Prior to the award of a scholarship or
1119	stipend, the delinquency program staff juvenile justice
1120	employee must agree in writing to practice her or his
1121	profession in juvenile justice or a related field for 1 month
1122	for each month of grant or to repay the full amount of the
1123	scholarship or stipend together with interest at the rate of 5
1124	percent per annum over a period not to exceed 10 years.
1125	Repayment shall be made payable to the state for deposit into
1126	the Juvenile Justice Training Trust Fund.
1127	(b)  The department commission may establish the
1128	scholarship program by rule and implement the program on or
1129	after July 1, 1996.
1130	(7)  ADOPTION OF RULES.--The department may commission
1131	shall adopt rules as necessary to carry out the provisions of
1132	this section.
1133	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
1134	MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of
1135	Risk Management of the Department of Financial Services is
1136	authorized to insure a private agency, individual, or
1137	corporation operating a state-owned training school under a
1138	contract to carry out the purposes and responsibilities of any
1139	program of the department. The coverage authorized herein shall
1140	be under the same general terms and conditions as the
1141	department is insured for its responsibilities under chapter
1142	284.
1143	(9)  DELINQUENCY PROGRAM STAFF DEFINED.--As used in this
1144	section, the term "delinquency program staff" means supervisory
1145	and direct care staff of a delinquency program as well as
1146	support staff who have direct contact with children in a
1147	delinquency program that is owned or operated by the
1148	department.
1149	(9)  The Juvenile Justice Standards and Training Commission
1150	is terminated on June 30, 2001, and such termination shall be
1151	reviewed by the Legislature prior to that date.
1152	Section 20.  Subsections (1), (2), (6), (7), and (10) of
1153	section 985.664, Florida Statutes, are amended, subsection (13)
1154	of that section is redesignated as subsection (14), and new
1155	subsections (13) and (15) are added to that section, to read:
1156	985.664  Juvenile justice circuit boards and juvenile
1157	justice county councils.--
1158	(1)  There is authorized a juvenile justice circuit board
1159	to be established in each of the 20 judicial circuits and a
1160	juvenile justice county council to be established in each of the
1161	67 counties. The purpose of each juvenile justice circuit board
1162	and each juvenile justice county council is to provide advice
1163	and direction to the department and the Children and Youth
1164	Cabinet in the development and implementation of juvenile
1165	justice programs and to work collaboratively with the department
1166	in seeking program improvements and policy changes to address
1167	the emerging and changing needs of Florida's youth who are at
1168	risk of delinquency.
1169	(2)  Each juvenile justice county council shall develop a
1170	juvenile justice prevention and early intervention plan for the
1171	county and shall collaborate with the circuit board and other
1172	county councils assigned to that circuit in the development of a
1173	comprehensive plan for the circuit. As part of such plan, each
1174	council and board shall make provision for continual monitoring
1175	to identify and remedy disproportionate minority contact with
1176	the juvenile justice system. The Children and Youth Cabinet
1177	shall consider these local plans in implementing s. 402.56(5).
1178	(6)  Each juvenile justice circuit board shall provide an
1179	annual report to the department and to the Children and Youth
1180	Cabinet describing the activities of the circuit board and each
1181	of the county councils contained within its circuit. The
1182	department may prescribe a format and content requirements for
1183	submission of annual reports.
1184	(7)  Membership of the juvenile justice circuit board may
1185	not exceed 18 members, except as provided in subsections (8) and
1186	(9). Members must include the state attorney, the public
1187	defender, and the chief judge of the circuit, or their
1188	respective designees. The remaining 15 members of the board must
1189	be appointed by the county councils within that circuit. The
1190	board where possible must be composed of an equitable number of
1191	members include at least one representative from each county
1192	council within the circuit, taking into account differences in
1193	population. In appointing members to the circuit board, the
1194	county councils must reflect:
1195	(a)  The circuit's geography and population distribution.
1196	(b)  Juvenile justice partners, including, but not limited
1197	to, representatives of law enforcement, the school system, and
1198	the Department of Children and Family Services.
1199	(c)  Diversity in the judicial circuit.
1200	(d)  Representation from residents of communities in
1201	targeted high-crime zip codes as identified by the department
1202	and based on referral rates within the county.
1203	(10)  Membership of the juvenile justice county councils,
1204	or juvenile justice circuit boards established under subsection
1205	(9), must include representation from residents of communities
1206	in targeted high-crime zip codes as identified by the department
1207	and based on referral rates within the county and may also
1208	include representatives from the following entities:
1209	(a)  Representatives from the school district, which may
1210	include elected school board officials, the school
1211	superintendent, school or district administrators, teachers, and
1212	counselors.
1213	(b)  Representatives of the board of county commissioners.
1214	(c)  Representatives of the governing bodies of local
1215	municipalities within the county.
1216	(d)  A representative of the corresponding circuit or
1217	regional entity of the Department of Children and Family
1218	Services.
1219	(e)  Representatives of local law enforcement agencies,
1220	including the sheriff or the sheriff's designee.
1221	(f)  Representatives of the judicial system.
1222	(g)  Representatives of the business community.
1223	(h)  Representatives of other interested officials, groups,
1224	or entities, including, but not limited to, a children's
1225	services council, public or private providers of juvenile
1226	justice programs and services, students, parents, and advocates.
1227	Private providers of juvenile justice programs may not exceed
1228	one-third of the voting membership.
1229	(i)  Representatives of the faith community.
1230	(j)  Representatives of victim-service programs and victims
1231	of crimes.
1232	(k)  Representatives of the Department of Corrections.
1233	(13)  The secretary shall meet at least annually,
1234	individually or collectively, by phone or in person, with the
1235	chair of the juvenile justice circuit boards and the Children
1236	and Youth Cabinet in order to:
1237	(a)  Advise juvenile justice circuit board chairs of
1238	statewide juvenile justice issues and activities.
1239	(b)  Provide and receive comments on prevention and
1240	intervention program budget priorities.
1241	(c)  Provide and receive comments on the planning process.
1242	(d)  Discuss program development, program implementation,
1243	quality assurance, and program outcomes.
1244	(15)  Juvenile justice circuit boards and county councils
1245	shall use due diligence in notifying the community of board
1246	vacancies through various community outreach outlets such as
1247	community newspapers, religious organizations, and free public
1248	announcements.
1249	Section 21.  Section 985.668, Florida Statutes, is amended
1250	to read:
1251	985.668  Innovation zones.--
1252	(1)  The department shall encourage each of the juvenile
1253	justice circuit boards, in consultation with the juvenile
1254	justice county council within the circuit, to propose at least
1255	one innovation zone within the circuit for the purpose of
1256	implementing any experimental, pilot, or demonstration project
1257	that furthers the legislatively established goals of the
1258	department. An innovation zone is a defined geographic area such
1259	as a circuit, commitment region, county, municipality, service
1260	delivery area, school campus, or neighborhood providing a
1261	laboratory for the research, development, and testing of the
1262	applicability and efficacy of model programs, policy options,
1263	and new technologies for the department.
1264	(2)(1)(a)  The juvenile justice circuit board shall submit
1265	a proposal for an innovation zone to the secretary. If the
1266	purpose of the proposed innovation zone is to demonstrate that
1267	specific statutory goals can be achieved more effectively by
1268	using procedures that require modification of existing rules,
1269	policies, or procedures, the proposal may request the secretary
1270	to waive such existing rules, policies, or procedures or to
1271	otherwise authorize use of alternative procedures or practices.
1272	Waivers of such existing rules, policies, or procedures must
1273	comply with applicable state or federal law.
1274	(b)  For innovation zone proposals that the secretary
1275	determines require changes to state law, the secretary may
1276	submit a request for a waiver from such laws, together with any
1277	proposed changes to state law, to the chairs of the appropriate
1278	legislative committees for consideration.
1279	(c)  For innovation zone proposals that the secretary
1280	determines require waiver of federal law, the secretary may
1281	submit a request for such waivers to the applicable federal
1282	agency.
1283	(3)(2)  An innovation zone project may not have a duration
1284	of more than 2 years, but the secretary may grant an extension.
1285	(4)(3)  Before implementing an innovation zone under this
1286	subsection, the secretary shall, in conjunction with the Office
1287	of Program Policy Analysis and Government Accountability,
1288	develop measurable and valid objectives for such zone within a
1289	negotiated reasonable period of time. Moneys designated for an
1290	innovation zone in one operating circuit may not be used to fund
1291	an innovation zone in another operating circuit.
1292	(5)(4)  Program models for innovation zone projects
1293	include, but are not limited to:
1294	(a)  A forestry alternative work program that provides
1295	selected juvenile offenders an opportunity to serve in a
1296	forestry work program as an alternative to incarceration, in
1297	which offenders assist in wildland firefighting, enhancement of
1298	state land management, environmental enhancement, and land
1299	restoration.
1300	(b)  A collaborative public/private dropout prevention
1301	partnership that trains personnel from both the public and
1302	private sectors of a target community who are identified and
1303	brought into the school system as an additional resource for
1304	addressing problems which inhibit and retard learning, including
1305	abuse, neglect, financial instability, pregnancy, and substance
1306	abuse.
1307	(c)  A support services program that provides economically
1308	disadvantaged youth with support services, jobs, training,
1309	counseling, mentoring, and prepaid postsecondary tuition
1310	scholarships.
1311	(d)  A juvenile offender job training program that offers
1312	an opportunity for juvenile offenders to develop educational and
1313	job skills in a 12-month to 18-month nonresidential training
1314	program, teaching the offenders skills such as computer-aided
1315	design, modular panel construction, and heavy vehicle repair and
1316	maintenance which will readily transfer to the private sector,
1317	thereby promoting responsibility and productivity.
1318	(e)  An infant mortality prevention program that is
1319	designed to discourage unhealthy behaviors such as smoking and
1320	alcohol or drug consumption, reduce the incidence of babies born
1321	prematurely or with low birth weight, reduce health care cost by
1322	enabling babies to be safely discharged earlier from the
1323	hospital, reduce the incidence of child abuse and neglect, and
1324	improve parenting and problem-solving skills.
1325	(f)  A regional crime prevention and intervention program
1326	that serves as an umbrella agency to coordinate and replicate
1327	existing services to at-risk children, first-time juvenile
1328	offenders, youth crime victims, and school dropouts.
1329	(g)  An alternative education outreach school program that
1330	serves delinquent repeat offenders between 14 and 18 years of
1331	age who have demonstrated failure in school and who are referred
1332	by the juvenile court.
1333	(h)  A drug treatment and prevention program that provides
1334	early identification of children with alcohol or drug problems
1335	to facilitate treatment, comprehensive screening and assessment,
1336	family involvement, and placement options.
1337	(i)  A community resource mother or father program that
1338	emphasizes parental responsibility for the behavior of children,
1339	and requires the availability of counseling services for
1340	children at high risk for delinquent behavior.
1341	Section 22.  Paragraphs (a) and (b) of subsection (2) and
1342	subsection (3) of section 985.676, Florida Statutes, are amended
1343	to read:
1344	985.676  Community juvenile justice partnership grants.--
1345	(2)  GRANT APPLICATION PROCEDURES.--
1346	(a)  Each entity wishing to apply for an annual community
1347	juvenile justice partnership grant, which may be renewed for a
1348	maximum of 2 additional years for the same provision of
1349	services, shall submit a grant proposal for funding or continued
1350	funding to the department. The department shall establish the
1351	grant application procedures. In order to be considered for
1352	funding, the grant proposal shall include the following
1353	assurances and information:
1354	1.  A letter from the chair of the juvenile justice circuit
1355	board confirming that the grant application has been reviewed
1356	and found to support one or more purposes or goals of the
1357	juvenile justice plan as developed by the board.
1358	2.  A rationale and description of the program and the
1359	services to be provided, including goals and objectives.
1360	3.  A method for identification of the juveniles most
1361	likely to be involved in the juvenile justice system who will be
1362	the focus of the program.
1363	4.  Provisions for the participation of parents and
1364	guardians in the program.
1365	5.  Coordination with other community-based and social
1366	service prevention efforts, including, but not limited to, drug
1367	and alcohol abuse prevention and dropout prevention programs,
1368	that serve the target population or neighborhood.
1369	6.  An evaluation component to measure the effectiveness of
1370	the program in accordance with s. 985.632.
1371	7.  A program budget, including the amount and sources of
1372	local cash and in-kind resources committed to the budget. The
1373	proposal must establish to the satisfaction of the department
1374	that the entity will make a cash or in-kind contribution to the
1375	program of a value that is at least equal to 20 percent of the
1376	amount of the grant.
1377	8.  The necessary program staff.
1378	(b)  The department shall consider the following in
1379	awarding such grants:
1380	1.  The recommendations of the juvenile justice county
1381	council as to the priority that should be given to proposals
1382	submitted by entities within a county.
1383	2.  The recommendations of the juvenile justice circuit
1384	board as to the priority that should be given to proposals
1385	submitted by entities within a circuit.
1386
1387	As the first priority in awarding grants under this paragraph,
1388	the department shall fund applications that meet the
1389	requirements of this section and also fulfill the local juvenile
1390	circuit board plans.
1391	(3)  RESTRICTIONS.--This section does not prevent a program
1392	initiated under a community juvenile justice partnership grant
1393	established pursuant to this section from continuing to operate
1394	beyond the 3-year maximum funding period if it can find other
1395	funding sources. Likewise, This section does not restrict the
1396	number of programs an entity may apply for or operate.
1397	Section 23.  Section 985.721, Florida Statutes, is amended
1398	to read:
1399	985.721  Escapes from secure detention or residential
1400	commitment facility.--An escape from:
1401	(1)  Any secure detention facility maintained for the
1402	temporary detention of children, pending adjudication,
1403	disposition, or placement;
1404	(2)  Any residential commitment facility described in s.
1405	985.03(45)(44), maintained for the custody, treatment,
1406	punishment, or rehabilitation of children found to have
1407	committed delinquent acts or violations of law; or
1408	(3)  Lawful transportation to or from any such secure
1409	detention facility or residential commitment facility,
1410
1411	constitutes escape within the intent and meaning of s. 944.40
1412	and is a felony of the third degree, punishable as provided in
1413	s. 775.082, s. 775.083, or s. 775.084.
1414	Section 24.  Section 1006.125, Florida Statutes, is created
1415	to read:
1416	1006.125  Referrals to law enforcement; serious criminal
1417	offenses.--
1418	(1)  A student alleged to have committed a serious criminal
1419	offense shall be reported to the law enforcement agency having
1420	jurisdiction over the student's school of attendance. This
1421	requirement may be satisfied by providing notice to the
1422	appropriate school resource officer of the charge of violation
1423	of the code of student conduct and discipline code.
1424	(2)  As used in this section, serious criminal offense
1425	includes an offense that would constitute a capital felony; life
1426	felony; first degree felony; second or third degree felony
1427	involving a firearm or weapon or violence against another
1428	person; or an offense that poses a serious threat to school
1429	safety or the safety of any individual student or group of
1430	students.
1431	(3)  Counties may seek reimbursement of secure detention
1432	costs from the school district for secure detention costs
1433	associated with the referral of a student for an offense other
1434	than that specified in this section when the school district
1435	does not object to the referral. In such case, the county may be
1436	reimbursed at a rate not to exceed the per diem rate set by the
1437	Department of Juvenile Justice pursuant to s. 985.686.
1438	Section 25.  Subsections (1) and (2) of section 1006.13,
1439	Florida Statutes, are amended to read:
1440	1006.13  Policy of zero tolerance for crime and
1441	victimization.--
1442	(1)  Each district school board shall adopt a policy of
1443	zero tolerance for:
1444	(a)  Crime and substance abuse, including the reporting of
1445	delinquent acts and crimes occurring whenever and wherever
1446	students are under the jurisdiction of the district school
1447	board.
1448	(b)  Victimization of students, including taking all steps
1449	necessary to protect the victim of any violent crime from any
1450	further victimization.
1451	(2)  The zero tolerance policy shall require students found
1452	to have committed one of the following serious criminal offenses
1453	to be expelled, with or without continuing educational services,
1454	from the student's regular school for a period of not less than
1455	1 full year, and to be referred to the criminal justice or
1456	juvenile justice system.
1457	(a)  Bringing a firearm or weapon, as defined in chapter
1458	790, to school, to any school function, or onto any school-
1459	sponsored transportation or possessing a firearm at school.
1460	(b)  Making a threat or false report, as defined by ss.
1461	790.162 and 790.163, respectively, involving school or school
1462	personnel's property, school transportation, or a school-
1463	sponsored activity.
1464
1465	District school boards may assign the student to a disciplinary
1466	program for the purpose of continuing educational services
1467	during the period of expulsion. District school superintendents
1468	may consider the 1-year expulsion requirement on a case-by-case
1469	basis and request the district school board to modify the
1470	requirement by assigning the student to a disciplinary program
1471	or second chance school if the request for modification is in
1472	writing and it is determined to be in the best interest of the
1473	student and the school system. If a student committing any of
1474	the offenses in this subsection is a student with a disability,
1475	the district school board shall comply with applicable State
1476	Board of Education rules.
1477	Section 26.  For fiscal year 2008-2009, there is hereby
1478	appropriated from the General Revenue Fund to the Department of
1479	Juvenile Justice $50,000 in nonrecurring funds for the purpose
1480	of developing curriculum to be used for the certification of
1481	direct care staff of the department.
1482	Section 27.  Except as otherwise expressly provided in this
1483	act, this act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.