CS/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 offenses; providing for reimbursement of secure
75	detention costs in certain circumstances; providing a
76	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 for consideration of certain provider
80	types relating to services for children in need of
81	services and families in need of services; providing an
82	appropriation; providing effective dates.
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Paragraph (b) of subsection (3) of section
87	29.008, Florida Statutes, is amended to read:
88	29.008  County funding of court-related functions.--
89	(3)  The following shall be considered a local requirement
90	pursuant to subparagraph (2)(a)1.:
91	(b)  Alternative sanctions coordinators pursuant to s.
92	985.0375 ss. 984.09 and 985.037.
93	Section 2.  Paragraph (c) of subsection (4) of section
94	790.22, Florida Statutes, is amended to read:
95	790.22  Use of BB guns, air or gas-operated guns, or
96	electric weapons or devices by minor under 16; limitation;
97	possession of firearms by minor under 18 prohibited;
98	penalties.--
99	(4)
100	(c)  The juvenile justice circuit boards or juvenile
101	justice county councils or the Department of Juvenile Justice
102	shall establish appropriate community service programs to be
103	available as provided in s. 985.0375 to the alternative
104	sanctions coordinators of the circuit courts in implementing
105	this subsection. The boards or councils or department shall
106	propose the implementation of a community service program in
107	each circuit, and may submit a circuit plan, to be implemented
108	upon approval of the circuit alternative sanctions coordinator.
109	Section 3.  Paragraph (a) of subsection (1) of section
110	939.185, Florida Statutes, is amended to read:
111	939.185  Assessment of additional court costs and
112	surcharges.--
113	(1)(a)  The board of county commissioners may adopt by
114	ordinance an additional court cost, not to exceed $65, to be
115	imposed by the court when a person pleads guilty or nolo
116	contendere to, or is found guilty of, or adjudicated delinquent
117	for, any felony, misdemeanor, delinquent act, or criminal
118	traffic offense under the laws of this state. Such additional
119	assessment shall be accounted for separately by the county in
120	which the offense occurred and be used only in the county
121	imposing this cost, to be allocated as follows:
122	1.  Twenty-five percent of the amount collected shall be
123	allocated to fund innovations to supplement state funding for
124	the elements of the state courts system identified in s. 29.004
125	and county funding for local requirements under s.
126	29.008(2)(a)2.
127	2.  Twenty-five percent of the amount collected shall be
128	allocated to assist counties in providing legal aid programs
129	required under s. 29.008(3)(a).
130	3.  Twenty-five percent of the amount collected shall be
131	allocated to fund personnel and legal materials for the public
132	as part of a law library.
133	4.  Twenty-five percent of the amount collected shall be
134	used as determined by the board of county commissioners to
135	support teen court programs, except as provided in s. 938.19(7),
136	juvenile assessment centers, and other juvenile alternative
137	programs that include diversion options for first time
138	misdemeanant youth or youth age 10 or younger.
139
140	Each county receiving funds under this section shall report the
141	amount of funds collected pursuant to this section and an
142	itemized list of expenditures for all authorized programs and
143	activities. The report shall be submitted in a format developed
144	by the Supreme Court to the Governor, the Chief Financial
145	Officer, the President of the Senate, and the Speaker of the
146	House of Representatives on a quarterly basis beginning with the
147	quarter ending September 30, 2004. Quarterly reports shall be
148	submitted no later than 30 days after the end of the quarter.
149	Any unspent funds at the close of the county fiscal year
150	allocated under subparagraphs 2., 3., and 4., shall be
151	transferred for use pursuant to subparagraph 1.
152	Section 4.  Effective upon the effective date of HB 7089 or
153	similar legislation, if such legislation becomes law, paragraph
154	(a) of subsection (3) of section 943.053, Florida Statutes, is
155	amended to read:
156	943.053  Dissemination of criminal justice information;
157	fees.--
158	(3)(a)1.  Criminal history information, including
159	information relating to minors, compiled by the Criminal Justice
160	Information Program from intrastate sources shall be available
161	on a priority basis to criminal justice agencies for criminal
162	justice purposes free of charge. After providing the program
163	with all known identifying information, persons in the private
164	sector and noncriminal justice agencies may be provided criminal
165	history information upon tender of fees as established in this
166	subsection and in the manner prescribed by rule of the
167	Department of Law Enforcement. Such fees are to offset the cost
168	of producing the record information, including the total cost of
169	creating, storing, maintaining, updating, retrieving, improving,
170	and providing criminal history information in a centralized,
171	automated database, including personnel, technology, and
172	infrastructure expenses. Any access to criminal history
173	information by the private sector or noncriminal justice
174	agencies as provided in this subsection shall be assessed
175	without regard to the quantity or category of criminal history
176	record information requested. Fees may be waived or reduced by
177	the executive director of the Department of Law Enforcement for
178	good cause shown.
179	3.  The subject of a criminal history record which is
180	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
181	of the State Constitution under subparagraph 2. when he or she
182	attains the age of 18 years may thereafter lawfully deny or fail
183	to acknowledge the arrests and dispositions covered by the
184	confidentiality and exemption, except when the subject of the
185	record:
186	a.  Is a candidate for employment with a criminal justice
187	agency;
188	b.  Is a defendant in a criminal prosecution;
189	c.  Petitions for expunction or sealing under s. 943.0585
190	or s. 943.059;
191	d.  Is a candidate for admission to The Florida Bar;
192	e.  Is seeking to be employed or licensed by or to contract
193	with the Department of Children and Family Services or the
194	Department of Juvenile Justice or to be employed or used by a
195	contractor or licensee of either department in a sensitive
196	position having direct contact with children, the
197	developmentally disabled, the aged, or the elderly as provided
198	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
199	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
200	415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
201	f.  Is seeking to be employed or licensed by the Department
202	of Education, any district school board, any university
203	laboratory school, any charter school, any private or parochial
204	school, or any local governmental entity that licenses child
205	care facilities;
206	g.  Is attempting to purchase a firearm from a licensed
207	importer, licensed manufacturer, or licensed dealer and is
208	subject to a criminal history background check under state or
209	federal law; or
210	h.  Is seeking authorization from a Florida seaport
211	identified in s. 311.09 for employment within or access to one
212	or more of such seaports pursuant to s. 311.12 or s. 311.125.
213	4.  Subject to the exceptions in subparagraph 3., a person
214	whose criminal history record is confidential and exempt from s.
215	119.07(1) and s. 24(a), Art. I of the State Constitution under
216	subparagraph 2. when he or she attains the age of 18 years may
217	not be held under any provision of law of this state to commit
218	perjury or to be otherwise liable for giving a false statement
219	by reason of such person's failure to recite or acknowledge the
220	confidential and exempt criminal history record.
221	Section 5.  Paragraph (a) of subsection (4) of section
222	943.0585, Florida Statutes, is amended to read:
223	943.0585  Court-ordered expunction of criminal history
224	records.--The courts of this state have jurisdiction over their
225	own procedures, including the maintenance, expunction, and
226	correction of judicial records containing criminal history
227	information to the extent such procedures are not inconsistent
228	with the conditions, responsibilities, and duties established by
229	this section. Any court of competent jurisdiction may order a
230	criminal justice agency to expunge the criminal history record
231	of a minor or an adult who complies with the requirements of
232	this section. The court shall not order a criminal justice
233	agency to expunge a criminal history record until the person
234	seeking to expunge a criminal history record has applied for and
235	received a certificate of eligibility for expunction pursuant to
236	subsection (2). A criminal history record that relates to a
237	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
238	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
239	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
240	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
241	any violation specified as a predicate offense for registration
242	as a sexual predator pursuant to s. 775.21, without regard to
243	whether that offense alone is sufficient to require such
244	registration, or for registration as a sexual offender pursuant
245	to s. 943.0435, may not be expunged, without regard to whether
246	adjudication was withheld, if the defendant was found guilty of
247	or pled guilty or nolo contendere to the offense, or if the
248	defendant, as a minor, was found to have committed, or pled
249	guilty or nolo contendere to committing, the offense as a
250	delinquent act. The court may only order expunction of a
251	criminal history record pertaining to one arrest or one incident
252	of alleged criminal activity, except as provided in this
253	section. The court may, at its sole discretion, order the
254	expunction of a criminal history record pertaining to more than
255	one arrest if the additional arrests directly relate to the
256	original arrest. If the court intends to order the expunction of
257	records pertaining to such additional arrests, such intent must
258	be specified in the order. A criminal justice agency may not
259	expunge any record pertaining to such additional arrests if the
260	order to expunge does not articulate the intention of the court
261	to expunge a record pertaining to more than one arrest. This
262	section does not prevent the court from ordering the expunction
263	of only a portion of a criminal history record pertaining to one
264	arrest or one incident of alleged criminal activity.
265	Notwithstanding any law to the contrary, a criminal justice
266	agency may comply with laws, court orders, and official requests
267	of other jurisdictions relating to expunction, correction, or
268	confidential handling of criminal history records or information
269	derived therefrom. This section does not confer any right to the
270	expunction of any criminal history record, and any request for
271	expunction of a criminal history record may be denied at the
272	sole discretion of the court.
273	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
274	criminal history record of a minor or an adult which is ordered
275	expunged by a court of competent jurisdiction pursuant to this
276	section must be physically destroyed or obliterated by any
277	criminal justice agency having custody of such record; except
278	that any criminal history record in the custody of the
279	department must be retained in all cases. A criminal history
280	record ordered expunged that is retained by the department is
281	confidential and exempt from the provisions of s. 119.07(1) and
282	s. 24(a), Art. I of the State Constitution and not available to
283	any person or entity except upon order of a court of competent
284	jurisdiction. A criminal justice agency may retain a notation
285	indicating compliance with an order to expunge.
286	(a)  The person who is the subject of a criminal history
287	record that is expunged under this section or under other
288	provisions of law, including s. 943.0515, former s. 893.14,
289	former s. 901.33, and former s. 943.058, may lawfully deny or
290	fail to acknowledge the arrests covered by the expunged record,
291	except when the subject of the record:
292	1.  Is a candidate for employment with a criminal justice
293	agency;
294	2.  Is a defendant in a criminal prosecution;
295	3.  Concurrently or subsequently petitions for relief under
296	this section or s. 943.059;
297	4.  Is a candidate for admission to The Florida Bar;
298	5.  Is seeking to be employed or licensed by or to contract
299	with the Department of Children and Family Services or the
300	Department of Juvenile Justice or to be employed or used by such
301	contractor or licensee in a sensitive position having direct
302	contact with children, the developmentally disabled, the aged,
303	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
304	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
305	409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter
306	400, or chapter 429;
307	6.  Is seeking to be employed or licensed by the Department
308	of Education, any district school board, any university
309	laboratory school, any charter school, any private or parochial
310	school, or any local governmental entity that licenses child
311	care facilities; or
312	7.  Is seeking authorization from a Florida seaport
313	identified in s. 311.09 for employment within or access to one
314	or more of such seaports pursuant to s. 311.12 or s. 311.125.
315	Section 6.  Section 984.05, Florida Statutes, is amended to
316	read:
317	984.05  Rules relating to habitual truants; adoption by
318	State Board of Education and Department of Juvenile
319	Justice.--The Department of Juvenile Justice and the State Board
320	of Education shall work together on the development of, and
321	shall adopt, rules as necessary for administering the
322	implementation of ss. 984.03(27), 985.03(25), and 1003.27.
323	Section 7.  Section 984.09, Florida Statutes, is amended to
324	read:
325	984.09  Punishment for contempt of court; alternative
326	sanctions.--
327	(1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.--Except as
328	otherwise provided in this section, the court may punish any
329	child for contempt for interfering with the court or with court
330	administration, or for violating any provision of this chapter
331	or order of the court relative thereto as provided in s.
332	985.037. It is the intent of the Legislature that the court
333	restrict and limit the use of contempt powers with respect to
334	commitment of a child to a secure facility. A child who commits
335	direct contempt of court or indirect contempt of a valid court
336	order may be taken into custody and ordered to serve an
337	alternative sanction or placed in a secure facility, as
338	authorized in this section, by order of the court.
339	(2)  PLACEMENT IN A SECURE FACILITY.--
340	(a)  A child may be placed in a secure facility as provided
341	in s. 985.037(2) for purposes of punishment for contempt of
342	court if alternative sanctions are unavailable or inappropriate,
343	or if the child has already been ordered to serve an alternative
344	sanction but failed to comply with the sanction.
345	(a)  A delinquent child who has been held in direct or
346	indirect contempt may be placed in a secure detention facility
347	for 5 days for a first offense or 15 days for a second or
348	subsequent offense, or in a secure residential commitment
349	facility.
350	(b)  A child in need of services who has been held in
351	direct contempt or indirect contempt may be placed, for 5 days
352	for a first offense or 15 days for a second or subsequent
353	offense, in a staff-secure shelter or a staff-secure residential
354	facility solely for children in need of services if such
355	placement is available, or, if such placement is not available,
356	the child may be placed in an appropriate mental health facility
357	or substance abuse facility for assessment. In addition to
358	disposition under this paragraph, a child in need of services
359	who is held in direct contempt or indirect contempt may be
360	placed in a physically secure setting as provided under s.
361	984.226 if conditions of eligibility are met.
362	(3)  ALTERNATIVE SANCTIONS.--Each judicial circuit shall
363	have an alternative sanctions coordinator who shall serve under
364	the chief administrative judge of the juvenile division of the
365	circuit court, and who shall coordinate and maintain a spectrum
366	of contempt sanction alternatives in conjunction with the
367	circuit plan implemented in accordance with s. 790.22(4)(c).
368	Upon determining that a child has committed direct contempt of
369	court or indirect contempt of a valid court order, the court may
370	immediately request the alternative sanctions coordinator to
371	recommend the most appropriate available alternative sanction
372	and shall order the child to perform up to 50 hours of
373	community-service manual labor or a similar alternative
374	sanction, unless an alternative sanction is unavailable or
375	inappropriate, or unless the child has failed to comply with a
376	prior alternative sanction. Alternative contempt sanctions may
377	be provided by local industry or by any nonprofit organization
378	or any public or private business or service entity that has
379	entered into a contract with the Department of Juvenile Justice
380	to act as an agent of the state to provide voluntary supervision
381	of children on behalf of the state in exchange for the manual
382	labor of children and limited immunity in accordance with s.
383	768.28(11).
384	(3)(4)  CHILDREN IN NEED OF SERVICES CONTEMPT OF COURT
385	SANCTIONS; PROCEDURE AND DUE PROCESS.--
386	(a)  If a child is charged with direct contempt of court,
387	including traffic court, the court may impose an authorized
388	sanction immediately.
389	(b)  If a child is charged with indirect contempt of court,
390	the court must hold a hearing within 24 hours to determine
391	whether the child committed indirect contempt of a valid court
392	order. At the hearing, the following due process rights must be
393	provided to the child:
394	1.  Right to a copy of the order to show cause alleging
395	facts supporting the contempt charge.
396	2.  Right to an explanation of the nature and the
397	consequences of the proceedings.
398	3.  Right to legal counsel and the right to have legal
399	counsel appointed by the court if the juvenile is indigent,
400	pursuant to s. 985.033.
401	4.  Right to confront witnesses.
402	5.  Right to present witnesses.
403	6.  Right to have a transcript or record of the proceeding.
404	7.  Right to appeal to an appropriate court.
405
406	The child's parent or guardian may address the court regarding
407	the due process rights of the child. The court shall review the
408	placement of the child every 72 hours to determine whether it is
409	appropriate for the child to remain in the facility.
410	(c)  The court may not order that a child be placed in a
411	secure facility for punishment for contempt unless the court
412	determines that an alternative sanction is inappropriate or
413	unavailable or that the child was initially ordered to an
414	alternative sanction and did not comply with the alternative
415	sanction. The court is encouraged to order a child to perform
416	community service, up to the maximum number of hours, where
417	appropriate before ordering that the child be placed in a secure
418	facility as punishment for contempt of court.
419	(d)  In addition to any other sanction imposed under s.
420	985.037 this section, the court may direct the Department of
421	Highway Safety and Motor Vehicles to withhold issuance of, or
422	suspend, a child's driver's license or driving privilege. The
423	court may order that a child's driver's license or driving
424	privilege be withheld or suspended for up to 1 year for a first
425	offense of contempt and up to 2 years for a second or subsequent
426	offense. If the child's driver's license or driving privilege is
427	suspended or revoked for any reason at the time the sanction for
428	contempt is imposed, the court shall extend the period of
429	suspension or revocation by the additional period ordered under
430	this paragraph. If the child's driver's license is being
431	withheld at the time the sanction for contempt is imposed, the
432	period of suspension or revocation ordered under this paragraph
433	shall begin on the date on which the child is otherwise eligible
434	to drive. for a child in need of services whose driver's license
435	or driving privilege is suspended under that section this
436	paragraph, the court may direct the Department of Highway Safety
437	and Motor Vehicles to issue the child a license for driving
438	privileges restricted to business or employment purposes only,
439	as defined in s. 322.271, or for the purpose of completing
440	court-ordered community service, if the child is otherwise
441	qualified for a license. However, the department may not issue a
442	restricted license unless specifically ordered to do so by the
443	court.
444	(5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is created
445	the position of alternative sanctions coordinator within each
446	judicial circuit, pursuant to subsection (3). Each alternative
447	sanctions coordinator shall serve under the direction of the
448	chief administrative judge of the juvenile division as directed
449	by the chief judge of the circuit. The alternative sanctions
450	coordinator shall act as the liaison between the judiciary,
451	local department officials, district school board employees, and
452	local law enforcement agencies. The alternative sanctions
453	coordinator shall coordinate within the circuit community-based
454	alternative sanctions, including nonsecure detention programs,
455	community service projects, and other juvenile sanctions, in
456	conjunction with the circuit plan implemented in accordance with
457	s. 790.22(4)(c).
458	Section 8.  Paragraph (e) is added to subsection (3) of
459	section 985.02, Florida Statutes, to read:
460	985.02  Legislative intent for the juvenile justice
461	system.--
462	(3)  JUVENILE JUSTICE AND DELINQUENCY PREVENTION.--It is
463	the policy of the state with respect to juvenile justice and
464	delinquency prevention to first protect the public from acts of
465	delinquency. In addition, it is the policy of the state to:
466	(e)  Encourage and promote diversion options when
467	appropriate, especially for first-time misdemeanant youth or
468	youth age 10 or younger.
469
470	The Legislature intends that detention care, in addition to
471	providing secure and safe custody, will promote the health and
472	well-being of the children committed thereto and provide an
473	environment that fosters their social, emotional, intellectual,
474	and physical development.
475	Section 9.  Subsections (39) through (57) of section
476	985.03, Florida Statutes, are redesignated as subsections (40)
477	through (58), respectively, and a new subsection (39) is added
478	to that section to read:
479	985.03  Definitions.--As used in this chapter, the term:
480	(39)  "Ordinary medical care" means medical procedures
481	which are administered or performed on a routine basis and
482	include, but are not limited to, inoculations, physical
483	examinations, remedial treatment for minor illnesses and
484	injuries, preventive services, medication management, chronic
485	disease management, and other medical procedures that are
486	administered or performed on a routine basis and that do not
487	involve hospitalization, surgery, or use of general anesthesia.
488	Section 10.  Subsections (1), (2), and (4) of section
489	985.037, Florida Statutes, are amended, and subsections (3) and
490	(5) of that section are redesignated as subsections (1) and (2)
491	of section 985.0375, Florida Statutes, and amended to read:
492	985.037  Punishment for contempt of court; alternative
493	sanctions.--
494	(1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court may
495	punish any child for contempt for interfering with the court or
496	with court administration, or for violating any provision of
497	this chapter or order of the court relative thereto. It is the
498	intent of the Legislature that the court restrict and limit the
499	use of contempt powers with respect to commitment of a child to
500	a secure facility. A child who commits direct contempt of court
501	or indirect contempt of a valid court order may be taken into
502	custody and ordered to serve an alternative sanction or placed
503	in a secure facility, as authorized in this section, by order of
504	the court.
505	(2)  PLACEMENT IN A SECURE FACILITY.--A child may be placed
506	in a secure facility for purposes of punishment for contempt of
507	court if alternative sanctions are unavailable or inappropriate,
508	or if the child has already been ordered to serve an alternative
509	sanction but failed to comply with the sanction. A delinquent
510	child who has been held in direct or indirect contempt may be
511	placed in a secure detention facility not to exceed 5 days for a
512	first offense and not to exceed 15 days for a second or
513	subsequent offense.
514	(3)(4)  CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
515	PROCESS.--
516	(a)  If a child is charged with direct contempt of court,
517	including traffic court, the court may impose an authorized
518	sanction immediately.
519	(b)  If a child is charged with indirect contempt of court,
520	the court must hold a hearing within 24 hours to determine
521	whether the child committed indirect contempt of a valid court
522	order. At the hearing, the following due process rights must be
523	provided to the child:
524	1.  Right to a copy of the order to show cause alleging
525	facts supporting the contempt charge.
526	2.  Right to an explanation of the nature and the
527	consequences of the proceedings.
528	3.  Right to legal counsel and the right to have legal
529	counsel appointed by the court if the juvenile is indigent,
530	under s. 985.033.
531	4.  Right to confront witnesses.
532	5.  Right to present witnesses.
533	6.  Right to have a transcript or record of the proceeding.
534	7.  Right to appeal to an appropriate court.
535
536	The child's parent or guardian may address the court regarding
537	the due process rights of the child. The court shall review the
538	placement of the child every 72 hours to determine whether it is
539	appropriate for the child to remain in the facility.
540	(c)  The court may not order that a child be placed in a
541	secure facility for punishment for contempt unless the court
542	determines that an alternative sanction is inappropriate or
543	unavailable or that the child was initially ordered to an
544	alternative sanction and did not comply with the alternative
545	sanction. The court is encouraged to order a child to perform
546	community service, up to the maximum number of hours, where
547	appropriate before ordering that the child be placed in a secure
548	facility as punishment for contempt of court.
549	(d)  In addition to any other sanction imposed under this
550	section, the court may direct the Department of Highway Safety
551	and Motor Vehicles to withhold issuance of, or suspend, a
552	child's driver's license or driving privilege. The court may
553	order that a child's driver's license or driving privilege be
554	withheld or suspended for up to 1 year for a first offense of
555	contempt and up to 2 years for a second or subsequent offense.
556	If the child's driver's license or driving privilege is
557	suspended or revoked for any reason at the time the sanction for
558	contempt is imposed, the court shall extend the period of
559	suspension or revocation by the additional period ordered under
560	this paragraph. If the child's driver's license is being
561	withheld at the time the sanction for contempt is imposed, the
562	period of suspension or revocation ordered under this paragraph
563	shall begin on the date on which the child is otherwise eligible
564	to drive.
565	985.0375  Alternative sanctions.--
566	(1)(3)  ALTERNATIVE SANCTIONS.--Each judicial circuit shall
567	have an alternative sanctions coordinator who shall serve under
568	the chief administrative judge of the juvenile division of the
569	circuit court, and who shall coordinate and maintain a spectrum
570	of contempt sanction alternatives in conjunction with the
571	circuit plan implemented in accordance with s. 790.22(4)(c).
572	Upon determining that a child has committed direct contempt of
573	court or indirect contempt of a valid court order, the court may
574	immediately request the alternative sanctions coordinator to
575	recommend the most appropriate available alternative sanction
576	and shall order the child to perform up to 50 hours of
577	community-service manual labor or a similar alternative
578	sanction, unless an alternative sanction is unavailable or
579	inappropriate, or unless the child has failed to comply with a
580	prior alternative sanction. Alternative contempt sanctions may
581	be provided by local industry or by any nonprofit organization
582	or any public or private business or service entity that has
583	entered into a contract with the department of Juvenile Justice
584	to act as an agent of the state to provide voluntary supervision
585	of children on behalf of the state in exchange for the manual
586	labor of children and limited immunity in accordance with s.
587	768.28(11).
588	(2)(5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is
589	created the position of alternative sanctions coordinator within
590	each judicial circuit, pursuant to subsection (1)(3). Each
591	alternative sanctions coordinator shall serve under the
592	direction of the chief administrative judge of the juvenile
593	division as directed by the chief judge of the circuit. The
594	alternative sanctions coordinator shall act as the liaison
595	between the judiciary, local department officials, district
596	school board employees, and local law enforcement agencies. The
597	alternative sanctions coordinator shall coordinate within the
598	circuit community-based alternative sanctions, including
599	nonsecure detention programs, community service projects, and
600	other juvenile sanctions, to implement s. 790.22(4) in
601	conjunction with the circuit plan implemented in accordance with
602	s. 790.22(4)(c).
603	Section 11.  Subsections (1) and (7) of section 985.04,
604	Florida Statutes, are amended to read:
605	985.04  Oaths; records; confidential information.--
606	(1)  Except as provided in subsections (2), (3), (6), and
607	(7) and s. 943.053, all information obtained under this chapter
608	in the discharge of official duty by any judge, any employee of
609	the court, any authorized agent of the department, the Parole
610	Commission, the Department of Corrections, the juvenile justice
611	circuit boards, any law enforcement agent, or any licensed
612	professional or licensed community agency representative
613	participating in the assessment or treatment of a juvenile is
614	confidential and may be disclosed only to the authorized
615	personnel of the court, the department and its designees, the
616	Department of Corrections, the Department of Children and Family
617	Services, the Parole Commission, law enforcement agents, school
618	superintendents and their designees, any licensed professional
619	or licensed community agency representative participating in the
620	assessment or treatment of a juvenile, and others entitled under
621	this chapter to receive that information, or upon order of the
622	court. Within each county, the sheriff, the chiefs of police,
623	the district school superintendent, and the department shall
624	enter into an interagency agreement for the purpose of sharing
625	information about juvenile offenders among all parties. The
626	agreement must specify the conditions under which summary
627	criminal history information is to be made available to
628	appropriate school personnel, and the conditions under which
629	school records are to be made available to appropriate
630	department personnel. Such agreement shall require notification
631	to any classroom teacher of assignment to the teacher's
632	classroom of a juvenile who has been placed in a probation or
633	commitment program for a felony offense. The agencies entering
634	into such agreement must comply with s. 943.0525, and must
635	maintain the confidentiality of information that is otherwise
636	exempt from s. 119.07(1), as provided by law.
637	(7)(a)  Records in the custody of the department regarding
638	children are not open to inspection by the public. Such records
639	may be inspected only upon order of the Secretary of Juvenile
640	Justice or his or her authorized agent by persons who have
641	sufficient reason and upon such conditions for their use and
642	disposition as the secretary or his or her authorized agent
643	deems proper. The information in such records may be disclosed
644	only to other employees of the department who have a need
645	therefor in order to perform their official duties; to other
646	persons as authorized by rule of the department; and, upon
647	request, to the Department of Corrections and the Department of
648	Children and Family Services. The secretary or his or her
649	authorized agent may permit properly qualified persons to
650	inspect and make abstracts from records for statistical purposes
651	under whatever conditions upon their use and disposition the
652	secretary or his or her authorized agent deems proper, provided
653	adequate assurances are given that children's names and other
654	identifying information will not be disclosed by the applicant.
655	(b)  The destruction of records pertaining to children
656	committed to or supervised by the department pursuant to a court
657	order, which records are retained until a child reaches the age
658	of 24 years or until a serious or habitual delinquent child
659	reaches the age of 26 years, shall be subject to chapter 943.
660	Section 12.  Subsection (2) of section 985.245, Florida
661	Statutes, is amended to read:
662	985.245  Risk assessment instrument.--
663	(2)(a)  The risk assessment instrument for detention care
664	placement determinations and court orders shall be developed by
665	the department in consultation agreement with a committee
666	composed of two representatives appointed by the following
667	associations: the Conference of Circuit Judges of Florida, the
668	Prosecuting Attorneys Association, the Public Defenders
669	Association, the Florida Sheriffs Association, and the Florida
670	Association of Chiefs of Police. Each association shall appoint
671	two individuals, one representing an urban area and one
672	representing a rural area. In addition, the committee shall
673	include two representatives from child advocacy organizations,
674	and two recognized child mental health experts, appointed by the
675	department. The parties involved shall evaluate and revise the
676	risk assessment instrument as is considered necessary using the
677	method for revision as agreed by the parties. The risk
678	assessment instrument shall be evaluated to determine if the
679	instrument contributes to disproportionate minority contact.
680	(b)  The risk assessment instrument shall take into
681	consideration, but need not be limited to, prior history of
682	failure to appear, prior offenses, prior history of residential
683	delinquency commitments, offenses committed pending
684	adjudication, any unlawful possession of a firearm, theft of a
685	motor vehicle or possession of a stolen motor vehicle, and
686	probation status at the time the child is taken into custody.
687	The risk assessment instrument shall also take into
688	consideration appropriate aggravating and mitigating
689	circumstances, and shall be designed to target a narrower
690	population of children than s. 985.255. The risk assessment
691	instrument shall also include any information concerning the
692	child's history of abuse and neglect. The risk assessment shall
693	indicate whether detention care is warranted, and, if detention
694	care is warranted, whether the child should be placed into
695	secure, nonsecure, or home detention care.
696	(c)  Any risk assessment instrument used for detention care
697	placement determinations and court orders shall be validated not
698	later than December 31, 2008, and periodically evaluated
699	thereafter for continued validity.
700	Section 13.  Subsection (5) of section 985.265, Florida
701	Statutes, is amended to read:
702	985.265  Detention transfer and release; education; adult
703	jails.--
704	(5)  The court shall order the delivery of a child to a
705	jail or other facility intended or used for the detention of
706	adults:
707	(a)  When the child has been transferred or indicted for
708	criminal prosecution as an adult under part X, except that the
709	court may not order or allow a child alleged to have committed a
710	misdemeanor who is being transferred for criminal prosecution
711	pursuant to either s. 985.556 or s. 985.557 to be detained or
712	held in a jail or other facility intended or used for the
713	detention of adults; however, such child may be held temporarily
714	in a detention facility; or
715	(b)  When a child taken into custody in this state is
716	wanted by another jurisdiction for prosecution as an adult.
717
718	The child shall be housed separately from adult inmates to
719	prohibit a child from having regular contact with incarcerated
720	adults, including trustees. "Regular contact" means sight and
721	sound contact. Separation of children from adults shall permit
722	no more than haphazard or accidental contact. The receiving jail
723	or other facility shall contain a separate section for children
724	and shall have an adequate staff to supervise and monitor the
725	child's activities at all times. Supervision and monitoring of
726	children includes physical observation and documented checks by
727	jail or receiving facility supervisory personnel at intervals
728	not to exceed 15 minutes, except in direct supervision housing
729	with 24-hour supervision. This subsection does not prohibit
730	placing two or more children in the same cell. Under no
731	circumstances shall a child be placed in the same cell with an
732	adult.
733	Section 14.  Section 985.438, Florida Statutes, is created
734	to read:
735	985.438  Commitment alternatives; Redirection Program.--
736	(1)  The Redirection Program is created for the purpose of
737	providing an alternative to residential commitment for eligible
738	youth that would otherwise be committed to a residential
739	program. Under this program, eligible youth may be diverted or
740	redirected to a therapy-based community program when
741	appropriate. The department, in conjunction with the chief judge
742	and the state attorney in each participating judicial circuit,
743	shall develop criteria to identify those eligible youth that are
744	appropriate for participation in the program. Eligible youth
745	shall include youth that:
746	(a)  Have been adjudicated delinquent, or have had
747	adjudication withheld, for a non-law violation such as a
748	violation of a condition of probation; or
749	(b)  Have been adjudicated delinquent, or have had
750	adjudication withheld, for a nonviolent felony, other than a
751	first degree felony or any felony direct-filed in adult court,
752	except that a female adjudicated delinquent, or with
753	adjudication withheld, for domestic violence shall be considered
754	eligible.
755	(2)  The Redirection Program must provide evidence-based
756	multisystemic therapy and functional family therapy, except that
757	treatment services shall be functional family therapy for youth
758	for whom these services are appropriate.
759	(3)  The department shall maintain the data necessary for
760	continued longitudinal evaluations of the program, including
761	those relating to program expansion and program effectiveness.
762	Section 15.  Subsection (2) of section 985.601, Florida
763	Statutes, is amended, and paragraph (e) is added to subsection
764	(3) of that section, to read:
765	985.601  Administering the juvenile justice continuum.--
766	(2)(a)  The department shall develop and implement an
767	appropriate continuum of care that provides individualized,
768	multidisciplinary assessments, objective evaluations of relative
769	risks, and the matching of needs with placements for all
770	children under its care, and that uses a system of case
771	management to facilitate each child being appropriately
772	assessed, provided with services, and placed in a program that
773	meets the child's needs.
774	(b)  As part of the continuum of services, the department
775	shall adopt rules establishing procedures to provide ordinary
776	medical care, mental health, substance abuse, and developmental
777	disabilities services to youth within the juvenile justice
778	continuum as defined in s. 985.03. The department shall
779	coordinate such rulemaking with other affected agencies to avoid
780	duplication, conflict, or inconsistency.
781	(3)
782	(e)  In order to be eligible to participate in the state-
783	funded Intensive Delinquency Diversion Services Program,
784	counties with non-state-funded delinquency programs for youth
785	must include diversion options for first-time misdemeanant youth
786	or youth 10 years of age 10 or younger, unless otherwise
787	prohibited.
788	Section 16.  Section 985.606, Florida Statutes, is amended
789	to read:
790	985.606  Prevention services providers; outcome performance
791	data collection; reporting.--Each state agency or entity that
792	receives or uses state appropriations to fund programs, grants,
793	appropriations, or activities that are designed to prevent
794	juvenile crime, delinquency, gang membership, status offenses,
795	or that are designed to prevent a child from becoming a "child
796	in need of services," as defined in chapter 984, shall collect
797	data relative to the outcomes related to performance of such
798	activities and shall provide said data to the Governor, the
799	President of the Senate, and the Speaker of the House no later
800	than January 31st of each year for the preceding fiscal year.
801	Section 17.  Subsection (8) is added to section 985.632,
802	Florida Statutes, to read:
803	985.632  Quality assurance and cost-effectiveness; outcome-
804	based contracting.--
805	(8)  To create an accountable juvenile justice system that
806	is outcome-based, the department is authorized to conduct a
807	demonstration project using outcome-based contracts. During
808	fiscal year 2008-2009, the department shall develop, in
809	consultation with the Department of Financial Services and a
810	provider organization with multiple sites, an implementation
811	plan for outcome-based contracting. Such a plan shall include
812	interim and long-term outcome performance measures, strategies
813	for using financial incentives and disincentives to increase
814	provider performance, a plan to shift oversight and monitoring
815	of providers from a compliance-based approach to a more outcome-
816	based approach, and recommendations of needed legislative action
817	for implementation. This plan shall be submitted to the
818	Executive Office of the Governor, the Speaker of the House of
819	Representatives, and the President of the Senate no later than
820	March 1, 2009.
821	Section 18.  Section 985.644, Florida Statutes, is amended
822	to read:
823	985.644  Departmental contracting powers; personnel
824	standards and screening.--
825	(1)  The department of Juvenile Justice or the Department
826	of Children and Family Services, as appropriate, may contract
827	with the Federal Government, other state departments and
828	agencies, county and municipal governments and agencies, public
829	and private agencies, and private individuals and corporations
830	in carrying out the purposes of, and the responsibilities
831	established in, this chapter.
832	(a)  When the department of Juvenile Justice or the
833	Department of Children and Family Services contracts with a
834	provider for any program for children, all personnel, including
835	owners, operators, employees, and volunteers, in the facility
836	must be of good moral character. Each contract entered into by
837	the either department for services delivered on an appointment
838	or intermittent basis by a provider that does not have regular
839	custodial responsibility for children and each contract with a
840	school for before or aftercare services must ensure that the
841	owners, operators, and all personnel who have direct contact
842	with children are of good moral character. A volunteer who
843	assists on an intermittent basis for less than 40 hours per
844	month need not be screened if the volunteer is under direct and
845	constant supervision by persons who meet the screening
846	requirements.
847	(b)  The department of Juvenile Justice and the Department
848	of Children and Family Services shall require employment
849	screening pursuant to chapter 435, using the level 2 standards
850	set forth in that chapter for personnel in programs for children
851	or youths.
852	(c)  The department of Juvenile Justice or the Department
853	of Children and Family Services may grant exemptions from
854	disqualification from working with children as provided in s.
855	435.07.
856	(2)  The department may contract with the Federal
857	Government, other state departments and agencies, county and
858	municipal governments and agencies, public and private agencies,
859	and private individuals and corporations in carrying out the
860	purposes and the responsibilities of the delinquency services
861	and programs of the department.
862	(2)(3)  The department shall adopt a rule pursuant to
863	chapter 120 establishing a procedure to provide notice of policy
864	changes that affect contracted delinquency services and
865	programs. A policy is defined as an operational requirement that
866	applies to only the specified contracted delinquency service or
867	program. The procedure must shall include:
868	(a)  Public notice of policy development.
869	(b)  Opportunity for public comment on the proposed policy.
870	(c)  Assessment for fiscal impact upon the department and
871	providers.
872	(d)  The department's response to comments received.
873	(4)  When the department contracts with a provider for any
874	delinquency service or program, all personnel, including all
875	owners, operators, employees, and volunteers in the facility or
876	providing the service or program shall be of good moral
877	character. A volunteer who assists on an intermittent basis for
878	less than 40 hours per month is not required to be screened if
879	the volunteer is under direct and constant supervision by
880	persons who meet the screening requirements.
881	(3)(5)(a)  For any person employed by the department, or by
882	a provider under contract with the department, in delinquency
883	facilities, services, or programs, the department shall require:
884	1.  A level 2 employment screening pursuant to chapter 435
885	prior to employment.
886	2.  A federal criminal records check by the Federal Bureau
887	of Investigation every 5 years following the date of the
888	person's employment.
889	(b)  Except for law enforcement, correctional, and
890	correctional probation officers, to whom s. 943.13(5) applies,
891	the department shall electronically submit to the Department of
892	Law Enforcement:
893	1.  Fingerprint information obtained during the employment
894	screening required by subparagraph (a)1.
895	2.  Beginning on December 15, 2005, Fingerprint information
896	for all persons employed by the department, or by a provider
897	under contract with the department, in delinquency facilities,
898	services, or programs if such fingerprint information has not
899	previously been electronically submitted to the Department of
900	Law Enforcement under this paragraph.
901	(c)  All fingerprint information electronically submitted
902	to the Department of Law Enforcement under paragraph (b) shall
903	be retained by the Department of Law Enforcement and entered
904	into the statewide automated fingerprint identification system
905	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
906	information shall be available for all purposes and uses
907	authorized for arrest fingerprint information entered into the
908	statewide automated fingerprint identification system pursuant
909	to s. 943.051 until the fingerprint information is removed under
910	pursuant to paragraph (e). The Department of Law Enforcement
911	shall search all arrest fingerprint information received
912	pursuant to s. 943.051 against the fingerprint information
913	entered into the statewide automated fingerprint system under
914	pursuant to this subsection. Any arrest records identified as a
915	result of the search shall be reported to the department in the
916	manner and timeframe established by the Department of Law
917	Enforcement by rule.
918	(d)  The department shall pay an annual fee to the
919	Department of Law Enforcement for its costs resulting from the
920	fingerprint information retention services required by this
921	subsection. The amount of the annual fee and procedures for the
922	submission and retention of fingerprint information and for the
923	dissemination of search results shall be established by the
924	Department of Law Enforcement by adopting a rule that is
925	applicable to the department individually under pursuant to this
926	subsection or that is applicable to the department and other
927	employing agencies pursuant to rulemaking authority otherwise
928	provided by law.
929	(e)  The department shall notify the Department of Law
930	Enforcement when a person whose fingerprint information is
931	retained by the Department of Law Enforcement under this
932	subsection is no longer employed by the department, or by a
933	provider under contract with the department, in a delinquency
934	facility, service, or program. This notice shall be provided by
935	the department to the Department of Law Enforcement no later
936	than 6 months after the date of the change in the person's
937	employment status. Fingerprint information for persons
938	identified by the department in the notice shall be removed from
939	the statewide automated fingerprint system.
940	(6)  The department may grant exemptions from
941	disqualification from working with children as provided in s.
942	435.07.
943	Section 19.  Subsections (2) and (3), paragraph (a) of
944	subsection (4), and subsections (5), (6), (7), (8), and (9) of
945	section 985.66, Florida Statutes, are amended to read:
946	985.66  Juvenile justice training academies; Juvenile
947	Justice Standards and Training Commission; Juvenile Justice
948	Training Trust Fund.--
949	(2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
950	STANDARDS AND TRAINING COMMISSION.--
951	(a)  There is created under the Department of Juvenile
952	Justice the Juvenile Justice Standards and Training Commission,
953	hereinafter referred to as the commission. The 17-member
954	commission shall consist of the Attorney General or designee,
955	the Commissioner of Education or designee, a member of the
956	juvenile court judiciary to be appointed by the Chief Justice
957	of the Supreme Court, and 14 members to be appointed by the
958	Secretary of Juvenile Justice as follows:
959	1.  Seven members shall be juvenile justice professionals:
960	a superintendent or a direct care staff member from an
961	institution; a director from a contracted community-based
962	program; a superintendent and a direct care staff member from a
963	regional detention center or facility; a juvenile probation
964	officer supervisor and a juvenile probation officer; and a
965	director of a day treatment or conditional release program. No
966	fewer than three of these members shall be contract providers.
967	2.  Two members shall be representatives of local law
968	enforcement agencies.
969	3.  One member shall be an educator from the state's
970	university and community college program of criminology,
971	criminal justice administration, social work, psychology,
972	sociology, or other field of study pertinent to the training of
973	juvenile justice program staff.
974	4.  One member shall be a member of the public.
975	5.  One member shall be a state attorney, or assistant
976	state attorney, who has juvenile court experience.
977	6.  One member shall be a public defender, or assistant
978	public defender, who has juvenile court experience.
979	7.  One member shall be a representative of the business
980	community.
981
982	All appointed members shall be appointed to serve terms of 2
983	years.
984	(b)  The composition of the commission shall be broadly
985	reflective of the public and shall include minorities and
986	women. The term "minorities" as used in this paragraph means a
987	member of a socially or economically disadvantaged group that
988	includes blacks, Hispanics, and American Indians.
989	(c)  The Department of Juvenile Justice shall provide the
990	commission with staff necessary to assist the commission in the
991	performance of its duties.
992	(d)  The commission shall annually elect its chairperson
993	and other officers. The commission shall hold at least four
994	regular meetings each year at the call of the chairperson or
995	upon the written request of three members of the commission. A
996	majority of the members of the commission constitutes a quorum.
997	Members of the commission shall serve without compensation but
998	are entitled to be reimbursed for per diem and travel expenses
999	as provided by s. 112.061 and these expenses shall be paid from
1000	the Juvenile Justice Training Trust Fund.
1001	(e)  The powers, duties, and functions of the department
1002	commission shall be to:
1003	(a)1.  Designate the location of the training academies;
1004	develop, implement, maintain, and update the curriculum to be
1005	used in the training of delinquency juvenile justice program
1006	staff; establish timeframes for participation in and completion
1007	of training by delinquency juvenile justice program staff;
1008	develop, implement, maintain, and update job-related
1009	examinations; develop, implement, and update the types and
1010	frequencies of evaluations of the training academies; approve,
1011	modify, or disapprove the budget for the training academies,
1012	and the contractor to be selected to organize and operate the
1013	training academies and to provide the training curriculum.
1014	(b)2.  Establish uniform minimum job-related training
1015	courses and examinations for delinquency juvenile justice
1016	program staff.
1017	(c)3.  Consult and cooperate with the state or any
1018	political subdivision; any private entity or contractor; and
1019	with private and public universities, colleges, community
1020	colleges, and other educational institutions concerning the
1021	development of juvenile justice training and programs or
1022	courses of instruction, including, but not limited to,
1023	education and training in the areas of juvenile justice.
1024	(d)4.  Enter into With the approval of the department,
1025	make and enter into such contracts and agreements with other
1026	agencies, organizations, associations, corporations,
1027	individuals, or federal agencies as the commission determines
1028	are necessary in the execution of its powers or the performance
1029	of its duties.
1030	5.  Make recommendations to the Department of Juvenile
1031	Justice concerning any matter within the purview of this
1032	section.
1033	(3)  JUVENILE JUSTICE TRAINING PROGRAM.--The department
1034	commission shall establish a certifiable program for juvenile
1035	justice training pursuant to this section, and all delinquency
1036	department program staff and providers who deliver direct care
1037	services pursuant to contract with the department shall be
1038	required to participate in and successfully complete the
1039	commission-approved program of training pertinent to their
1040	areas of responsibility. Judges, state attorneys, and public
1041	defenders, law enforcement officers, and school district
1042	personnel may participate in such training program. For the
1043	delinquency juvenile justice program staff, the department
1044	commission shall, based on a job-task analysis:
1045	(a)  Design, implement, maintain, evaluate, and revise a
1046	basic training program, including a competency-based
1047	examination, for the purpose of providing minimum employment
1048	training qualifications for all delinquency program staff
1049	juvenile justice personnel. All delinquency program staff of
1050	the department and providers who deliver direct-care services
1051	who are hired after October 1, 1999, must meet the following
1052	minimum requirements:
1053	1.  Be at least 19 years of age.
1054	2.  Be a high school graduate or its equivalent as
1055	determined by the department commission.
1056	3.  Not have been convicted of any felony or a misdemeanor
1057	involving perjury or a false statement, or have received a
1058	dishonorable discharge from any of the Armed Forces of the
1059	United States. Any person who, after September 30, 1999, pleads
1060	guilty or nolo contendere to or is found guilty of any felony
1061	or a misdemeanor involving perjury or false statement is not
1062	eligible for employment, notwithstanding suspension of sentence
1063	or withholding of adjudication. Notwithstanding this
1064	subparagraph, any person who pled nolo contendere to a
1065	misdemeanor involving a false statement before October 1, 1999,
1066	and who has had such record of that plea sealed or expunged is
1067	not ineligible for employment for that reason.
1068	4.  Abide by all the provisions of s. 985.644(1) regarding
1069	fingerprinting and background investigations and other
1070	screening requirements for personnel.
1071	5.  Execute and submit to the department an affidavit-of-
1072	application form, adopted by the department, attesting to his
1073	or her compliance with subparagraphs 1.-4. The affidavit must
1074	be executed under oath and constitutes an official statement
1075	under s. 837.06. The affidavit must include conspicuous
1076	language that the intentional false execution of the affidavit
1077	constitutes a misdemeanor of the second degree. The employing
1078	agency shall retain the affidavit.
1079	(b)  Design, implement, maintain, evaluate, and revise an
1080	advanced training program, including a competency-based
1081	examination for each training course, which is intended to
1082	enhance knowledge, skills, and abilities related to job
1083	performance.
1084	(c)  Design, implement, maintain, evaluate, and revise a
1085	career development training program, including a competency-
1086	based examination for each training course. Career development
1087	courses are intended to prepare personnel for promotion.
1088
1089	(d)  The department commission is encouraged to design,
1090	implement, maintain, evaluate, and revise juvenile justice
1091	training courses, or to enter into contracts for such training
1092	courses, that are intended to provide for the safety and well-
1093	being of both citizens and juvenile offenders.
1094	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
1095	(a)  There is created within the State Treasury a Juvenile
1096	Justice Training Trust Fund to be used by the Department of
1097	Juvenile Justice for the purpose of funding the development and
1098	updating of a job-task analysis of delinquency program staff
1099	juvenile justice personnel; the development, implementation,
1100	and updating of job-related training courses and examinations;
1101	and the cost of commission-approved juvenile justice training
1102	courses; and reimbursement for expenses as provided in s.
1103	112.061 for members of the commission and staff.
1104	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING
1105	ACADEMIES.--The number, location, and establishment of juvenile
1106	justice training academies shall be determined by the
1107	department commission.
1108	(6)  SCHOLARSHIPS AND STIPENDS.--
1109	(a)  By rule, the department commission shall establish
1110	criteria to award scholarships or stipends to qualified
1111	delinquency program staff juvenile justice personnel who are
1112	residents of the state who want to pursue a bachelor's or
1113	associate in arts degree in juvenile justice or a related
1114	field. The department shall handle the administration of the
1115	scholarship or stipend.  The Department of Education shall
1116	handle the notes issued for the payment of the scholarships or
1117	stipends. All scholarship and stipend awards shall be paid from
1118	the Juvenile Justice Training Trust Fund upon vouchers approved
1119	by the Department of Education and properly certified by the
1120	Chief Financial Officer. Prior to the award of a scholarship or
1121	stipend, the delinquency program staff juvenile justice
1122	employee must agree in writing to practice her or his
1123	profession in juvenile justice or a related field for 1 month
1124	for each month of grant or to repay the full amount of the
1125	scholarship or stipend together with interest at the rate of 5
1126	percent per annum over a period not to exceed 10 years.
1127	Repayment shall be made payable to the state for deposit into
1128	the Juvenile Justice Training Trust Fund.
1129	(b)  The department commission may establish the
1130	scholarship program by rule and implement the program on or
1131	after July 1, 1996.
1132	(7)  ADOPTION OF RULES.--The department may commission
1133	shall adopt rules as necessary to carry out the provisions of
1134	this section.
1135	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
1136	MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of
1137	Risk Management of the Department of Financial Services is
1138	authorized to insure a private agency, individual, or
1139	corporation operating a state-owned training school under a
1140	contract to carry out the purposes and responsibilities of any
1141	program of the department. The coverage authorized herein shall
1142	be under the same general terms and conditions as the
1143	department is insured for its responsibilities under chapter
1144	284.
1145	(9)  DELINQUENCY PROGRAM STAFF DEFINED.--As used in this
1146	section, the term "delinquency program staff" means supervisory
1147	and direct care staff of a delinquency program as well as
1148	support staff who have direct contact with children in a
1149	delinquency program that is owned or operated by the
1150	department.
1151	(9)  The Juvenile Justice Standards and Training Commission
1152	is terminated on June 30, 2001, and such termination shall be
1153	reviewed by the Legislature prior to that date.
1154	Section 20.  Subsections (1), (2), (6), (7), and (10) of
1155	section 985.664, Florida Statutes, are amended, subsection (13)
1156	of that section is redesignated as subsection (14), and new
1157	subsections (13) and (15) are added to that section, to read:
1158	985.664  Juvenile justice circuit boards and juvenile
1159	justice county councils.--
1160	(1)  There is authorized a juvenile justice circuit board
1161	to be established in each of the 20 judicial circuits and a
1162	juvenile justice county council to be established in each of the
1163	67 counties. The purpose of each juvenile justice circuit board
1164	and each juvenile justice county council is to provide advice
1165	and direction to the department and the Children and Youth
1166	Cabinet in the development and implementation of juvenile
1167	justice programs and to work collaboratively with the department
1168	in seeking program improvements and policy changes to address
1169	the emerging and changing needs of Florida's youth who are at
1170	risk of delinquency.
1171	(2)  Each juvenile justice county council shall develop a
1172	juvenile justice prevention and early intervention plan for the
1173	county and shall collaborate with the circuit board and other
1174	county councils assigned to that circuit in the development of a
1175	comprehensive plan for the circuit. As part of such plan, each
1176	council and board shall make provision for continual monitoring
1177	to identify and remedy disproportionate minority contact with
1178	the juvenile justice system. The Children and Youth Cabinet
1179	shall consider these local plans in implementing s. 402.56(5).
1180	(6)  Each juvenile justice circuit board shall provide an
1181	annual report to the department and to the Children and Youth
1182	Cabinet describing the activities of the circuit board and each
1183	of the county councils contained within its circuit. The
1184	department may prescribe a format and content requirements for
1185	submission of annual reports.
1186	(7)  Membership of the juvenile justice circuit board may
1187	not exceed 18 members, except as provided in subsections (8) and
1188	(9). Members must include the state attorney, the public
1189	defender, and the chief judge of the circuit, or their
1190	respective designees. The remaining 15 members of the board must
1191	be appointed by the county councils within that circuit. The
1192	board where possible must be composed of an equitable number of
1193	members include at least one representative from each county
1194	council within the circuit, taking into account differences in
1195	population. In appointing members to the circuit board, the
1196	county councils must reflect:
1197	(a)  The circuit's geography and population distribution.
1198	(b)  Juvenile justice partners, including, but not limited
1199	to, representatives of law enforcement, the school system, and
1200	the Department of Children and Family Services.
1201	(c)  Diversity in the judicial circuit.
1202	(d)  Representation from residents of communities in
1203	targeted high-crime zip codes as identified by the department
1204	and based on referral rates within the county.
1205	(10)  Membership of the juvenile justice county councils,
1206	or juvenile justice circuit boards established under subsection
1207	(9), must include representation from residents of communities
1208	in targeted high-crime zip codes as identified by the department
1209	and based on referral rates within the county and may also
1210	include representatives from the following entities:
1211	(a)  Representatives from the school district, which may
1212	include elected school board officials, the school
1213	superintendent, school or district administrators, teachers, and
1214	counselors.
1215	(b)  Representatives of the board of county commissioners.
1216	(c)  Representatives of the governing bodies of local
1217	municipalities within the county.
1218	(d)  A representative of the corresponding circuit or
1219	regional entity of the Department of Children and Family
1220	Services.
1221	(e)  Representatives of local law enforcement agencies,
1222	including the sheriff or the sheriff's designee.
1223	(f)  Representatives of the judicial system.
1224	(g)  Representatives of the business community.
1225	(h)  Representatives of other interested officials, groups,
1226	or entities, including, but not limited to, a children's
1227	services council, public or private providers of juvenile
1228	justice programs and services, students, parents, and advocates.
1229	Private providers of juvenile justice programs may not exceed
1230	one-third of the voting membership.
1231	(i)  Representatives of the faith community.
1232	(j)  Representatives of victim-service programs and victims
1233	of crimes.
1234	(k)  Representatives of the Department of Corrections.
1235	(13)  The secretary shall meet at least annually,
1236	individually or collectively, by phone or in person, with the
1237	chair of the juvenile justice circuit boards and the Children
1238	and Youth Cabinet in order to:
1239	(a)  Advise juvenile justice circuit board chairs of
1240	statewide juvenile justice issues and activities.
1241	(b)  Provide and receive comments on prevention and
1242	intervention program budget priorities.
1243	(c)  Provide and receive comments on the planning process.
1244	(d)  Discuss program development, program implementation,
1245	quality assurance, and program outcomes.
1246	(15)  Juvenile justice circuit boards and county councils
1247	shall use due diligence in notifying the community of board
1248	vacancies through various community outreach outlets such as
1249	community newspapers, religious organizations, and free public
1250	announcements.
1251	Section 21.  Section 985.668, Florida Statutes, is amended
1252	to read:
1253	985.668  Innovation zones.--
1254	(1)  The department shall encourage each of the juvenile
1255	justice circuit boards, in consultation with the juvenile
1256	justice county council within the circuit, to propose at least
1257	one innovation zone within the circuit for the purpose of
1258	implementing any experimental, pilot, or demonstration project
1259	that furthers the legislatively established goals of the
1260	department. An innovation zone is a defined geographic area such
1261	as a circuit, commitment region, county, municipality, service
1262	delivery area, school campus, or neighborhood providing a
1263	laboratory for the research, development, and testing of the
1264	applicability and efficacy of model programs, policy options,
1265	and new technologies for the department.
1266	(2)(1)(a)  The juvenile justice circuit board shall submit
1267	a proposal for an innovation zone to the secretary. If the
1268	purpose of the proposed innovation zone is to demonstrate that
1269	specific statutory goals can be achieved more effectively by
1270	using procedures that require modification of existing rules,
1271	policies, or procedures, the proposal may request the secretary
1272	to waive such existing rules, policies, or procedures or to
1273	otherwise authorize use of alternative procedures or practices.
1274	Waivers of such existing rules, policies, or procedures must
1275	comply with applicable state or federal law.
1276	(b)  For innovation zone proposals that the secretary
1277	determines require changes to state law, the secretary may
1278	submit a request for a waiver from such laws, together with any
1279	proposed changes to state law, to the chairs of the appropriate
1280	legislative committees for consideration.
1281	(c)  For innovation zone proposals that the secretary
1282	determines require waiver of federal law, the secretary may
1283	submit a request for such waivers to the applicable federal
1284	agency.
1285	(3)(2)  An innovation zone project may not have a duration
1286	of more than 2 years, but the secretary may grant an extension.
1287	(4)(3)  Before implementing an innovation zone under this
1288	subsection, the secretary shall, in conjunction with the Office
1289	of Program Policy Analysis and Government Accountability,
1290	develop measurable and valid objectives for such zone within a
1291	negotiated reasonable period of time. Moneys designated for an
1292	innovation zone in one operating circuit may not be used to fund
1293	an innovation zone in another operating circuit.
1294	(5)(4)  Program models for innovation zone projects
1295	include, but are not limited to:
1296	(a)  A forestry alternative work program that provides
1297	selected juvenile offenders an opportunity to serve in a
1298	forestry work program as an alternative to incarceration, in
1299	which offenders assist in wildland firefighting, enhancement of
1300	state land management, environmental enhancement, and land
1301	restoration.
1302	(b)  A collaborative public/private dropout prevention
1303	partnership that trains personnel from both the public and
1304	private sectors of a target community who are identified and
1305	brought into the school system as an additional resource for
1306	addressing problems which inhibit and retard learning, including
1307	abuse, neglect, financial instability, pregnancy, and substance
1308	abuse.
1309	(c)  A support services program that provides economically
1310	disadvantaged youth with support services, jobs, training,
1311	counseling, mentoring, and prepaid postsecondary tuition
1312	scholarships.
1313	(d)  A juvenile offender job training program that offers
1314	an opportunity for juvenile offenders to develop educational and
1315	job skills in a 12-month to 18-month nonresidential training
1316	program, teaching the offenders skills such as computer-aided
1317	design, modular panel construction, and heavy vehicle repair and
1318	maintenance which will readily transfer to the private sector,
1319	thereby promoting responsibility and productivity.
1320	(e)  An infant mortality prevention program that is
1321	designed to discourage unhealthy behaviors such as smoking and
1322	alcohol or drug consumption, reduce the incidence of babies born
1323	prematurely or with low birth weight, reduce health care cost by
1324	enabling babies to be safely discharged earlier from the
1325	hospital, reduce the incidence of child abuse and neglect, and
1326	improve parenting and problem-solving skills.
1327	(f)  A regional crime prevention and intervention program
1328	that serves as an umbrella agency to coordinate and replicate
1329	existing services to at-risk children, first-time juvenile
1330	offenders, youth crime victims, and school dropouts.
1331	(g)  An alternative education outreach school program that
1332	serves delinquent repeat offenders between 14 and 18 years of
1333	age who have demonstrated failure in school and who are referred
1334	by the juvenile court.
1335	(h)  A drug treatment and prevention program that provides
1336	early identification of children with alcohol or drug problems
1337	to facilitate treatment, comprehensive screening and assessment,
1338	family involvement, and placement options.
1339	(i)  A community resource mother or father program that
1340	emphasizes parental responsibility for the behavior of children,
1341	and requires the availability of counseling services for
1342	children at high risk for delinquent behavior.
1343	Section 22.  Paragraphs (a) and (b) of subsection (2) and
1344	subsection (3) of section 985.676, Florida Statutes, are amended
1345	to read:
1346	985.676  Community juvenile justice partnership grants.--
1347	(2)  GRANT APPLICATION PROCEDURES.--
1348	(a)  Each entity wishing to apply for an annual community
1349	juvenile justice partnership grant, which may be renewed for a
1350	maximum of 2 additional years for the same provision of
1351	services, shall submit a grant proposal for funding or continued
1352	funding to the department. The department shall establish the
1353	grant application procedures. In order to be considered for
1354	funding, the grant proposal shall include the following
1355	assurances and information:
1356	1.  A letter from the chair of the juvenile justice circuit
1357	board confirming that the grant application has been reviewed
1358	and found to support one or more purposes or goals of the
1359	juvenile justice plan as developed by the board.
1360	2.  A rationale and description of the program and the
1361	services to be provided, including goals and objectives.
1362	3.  A method for identification of the juveniles most
1363	likely to be involved in the juvenile justice system who will be
1364	the focus of the program.
1365	4.  Provisions for the participation of parents and
1366	guardians in the program.
1367	5.  Coordination with other community-based and social
1368	service prevention efforts, including, but not limited to, drug
1369	and alcohol abuse prevention and dropout prevention programs,
1370	that serve the target population or neighborhood.
1371	6.  An evaluation component to measure the effectiveness of
1372	the program in accordance with s. 985.632.
1373	7.  A program budget, including the amount and sources of
1374	local cash and in-kind resources committed to the budget. The
1375	proposal must establish to the satisfaction of the department
1376	that the entity will make a cash or in-kind contribution to the
1377	program of a value that is at least equal to 20 percent of the
1378	amount of the grant.
1379	8.  The necessary program staff.
1380	(b)  The department shall consider the following in
1381	awarding such grants:
1382	1.  The recommendations of the juvenile justice county
1383	council as to the priority that should be given to proposals
1384	submitted by entities within a county.
1385	2.  The recommendations of the juvenile justice circuit
1386	board as to the priority that should be given to proposals
1387	submitted by entities within a circuit.
1388
1389	As the first priority in awarding grants under this paragraph,
1390	the department shall fund applications that meet the
1391	requirements of this section and also fulfill the local juvenile
1392	circuit board plans.
1393	(3)  RESTRICTIONS.--This section does not prevent a program
1394	initiated under a community juvenile justice partnership grant
1395	established pursuant to this section from continuing to operate
1396	beyond the 3-year maximum funding period if it can find other
1397	funding sources. Likewise, This section does not restrict the
1398	number of programs an entity may apply for or operate.
1399	Section 23.  Section 985.721, Florida Statutes, is amended
1400	to read:
1401	985.721  Escapes from secure detention or residential
1402	commitment facility.--An escape from:
1403	(1)  Any secure detention facility maintained for the
1404	temporary detention of children, pending adjudication,
1405	disposition, or placement;
1406	(2)  Any residential commitment facility described in s.
1407	985.03(45)(44), maintained for the custody, treatment,
1408	punishment, or rehabilitation of children found to have
1409	committed delinquent acts or violations of law; or
1410	(3)  Lawful transportation to or from any such secure
1411	detention facility or residential commitment facility,
1412
1413	constitutes escape within the intent and meaning of s. 944.40
1414	and is a felony of the third degree, punishable as provided in
1415	s. 775.082, s. 775.083, or s. 775.084.
1416	Section 24.  Section 1006.125, Florida Statutes, is created
1417	to read:
1418	1006.125  Referrals to law enforcement; serious offenses.--
1419	(1)  A student alleged to have committed a serious offense
1420	shall be reported to the law enforcement agency having
1421	jurisdiction over the student's school of attendance. This
1422	requirement may be satisfied by providing notice to the
1423	appropriate school resource officer of the charge of violation
1424	of the code of student conduct and discipline code.
1425	(2)  As used in this section, serious offense includes an
1426	offense that would constitute a capital felony; life felony;
1427	first degree felony; second or third degree felony involving a
1428	firearm or weapon or violence against another person; a
1429	delinquent act that would constitute such a felony if committed
1430	by an adult; or an offense that poses a serious threat to school
1431	safety or the safety of any individual student or group of
1432	students.
1433	(3)  Counties may seek reimbursement from the school
1434	district for secure detention costs associated with the referral
1435	of a student for an offense other than that specified in this
1436	section when the school authority refers the student to law
1437	enforcement and requests that the student be placed in secure
1438	detention and the student is placed in secure detention. In such
1439	case, the county may be reimbursed at a rate not to exceed the
1440	per diem rate set by the Department of Juvenile Justice pursuant
1441	to s. 985.686.
1442	Section 25.  Subsections (1) and (2) of section 1006.13,
1443	Florida Statutes, are amended to read:
1444	1006.13  Policy of zero tolerance for crime and
1445	victimization.--
1446	(1)  Each district school board shall adopt a policy of
1447	zero tolerance for:
1448	(a)  Crime and substance abuse, including the reporting of
1449	delinquent acts and crimes occurring whenever and wherever
1450	students are under the jurisdiction of the district school
1451	board.
1452	(b)  Victimization of students, including taking all steps
1453	necessary to protect the victim of any violent crime from any
1454	further victimization.
1455	(2)  The zero tolerance policy shall require students found
1456	to have committed one of the following serious criminal offenses
1457	to be expelled, with or without continuing educational services,
1458	from the student's regular school for a period of not less than
1459	1 full year, and to be referred to the criminal justice or
1460	juvenile justice system.
1461	(a)  Bringing a firearm or weapon, as defined in chapter
1462	790, to school, to any school function, or onto any school-
1463	sponsored transportation or possessing a firearm at school.
1464	(b)  Making a threat or false report, as defined by ss.
1465	790.162 and 790.163, respectively, involving school or school
1466	personnel's property, school transportation, or a school-
1467	sponsored activity.
1468
1469	District school boards may assign the student to a disciplinary
1470	program for the purpose of continuing educational services
1471	during the period of expulsion. District school superintendents
1472	may consider the 1-year expulsion requirement on a case-by-case
1473	basis and request the district school board to modify the
1474	requirement by assigning the student to a disciplinary program
1475	or second chance school if the request for modification is in
1476	writing and it is determined to be in the best interest of the
1477	student and the school system. If a student committing any of
1478	the offenses in this subsection is a student with a disability,
1479	the district school board shall comply with applicable State
1480	Board of Education rules.
1481	Section 26.  A children-in-need-of-services and families-
1482	in-need-of-services provider shall demonstrate that it has
1483	considered local, nontraditional, nonresidential delinquency
1484	prevention service providers, including, but not limited to,
1485	grassroots, community-based, and faith-based organizations, to
1486	subcontract and deliver nonresidential services to youth
1487	eligible for such services as defined in chapter 984, Florida
1488	Statutes, in areas with high ratios of juvenile arrests in
1489	relation to the numbers of youth ages 10 to 17 in those areas.
1490	Such services shall be offered throughout the judicial circuit
1491	by the children-in-need-of-services and families-in-need-of-
1492	services provider.
1493	Section 27.  For fiscal year 2008-2009, there is hereby
1494	appropriated from the General Revenue Fund to the Department of
1495	Juvenile Justice $50,000 in nonrecurring funds for the purpose
1496	of developing curriculum to be used for the certification of
1497	direct care staff of the department.
1498	Section 28.  Except as otherwise expressly provided in this
1499	act, this act shall take effect July 1, 2008.

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