1

The Committee on Criminal Justice (King) recommended the

2

following amendment:

3

4

     Senate Amendment (with title amendment)

5

6

     Delete everything after the enacting clause

7

and insert:

8

     Section 1.  Paragraph (i) of subsection (5) of section

9

985.0301, Florida Statutes, is amended to read:

10

     985.0301  Jurisdiction.--

11

     (5)

12

     (i) The court retains may retain jurisdiction over a child

13

and the child's parent or legal guardian whom:

14

     1. The court has ordered to pay restitution until the

15

restitution order is satisfied. To retain jurisdiction, The court

16

shall enter a restitution order, which is separate from any

17

disposition or order of commitment, on or prior to the date that

18

the court's jurisdiction would cease under this section. The

19

contents of the restitution order shall be limited to the child's

20

name and address, the name and address of the parent or legal

21

guardian, the name and address of the payee, the case number, the

22

date and amount of restitution ordered, any amount of restitution

23

paid, the amount of restitution due and owing, and a notation

24

that costs, interest, penalties, and attorney's fees may also be

25

due and owing. The terms of the restitution order are subject to

26

s. 775.089(5).

27

     2. The court has ordered to pay costs, fees, and costs

28

associated with court-appointed counsel until the costs, fees,

29

and costs associated with court-appointed counsel are satisfied,

30

regardless of adjudication. The child and the child's parent or

31

legal guardian remain responsible for unpaid costs, fees, and

32

costs associated with court-appointed counsel until the unpaid

33

costs, fees, and costs associated with court-appointed counsel

34

are satisfied, even after the child turns 19 years of age. The

35

implementation of this subparagraph does not, in any way,

36

authorize or otherwise permit details of the juvenile court

37

record to be disclosed except as provided by law.

38

39

The retention of jurisdiction under this paragraph does not

40

preclude the department from closing out the community

41

supervision case for a child if the child has successfully met

42

all other conditions of the supervision case plan.

43

     Section 2.  Section 985.031, Florida Statutes, is created to

44

read:

45

     985.031 Preadjudicatory release; circuit court

46

authority.--The circuit court shall have the authority to set

47

reasonable conditions of preadjudicatory release. The child shall

48

comply with all such preadjudicatory release conditions prior to

49

an adjudicatory hearing. Reasonable conditions of preadjudicatory

50

release may include, but are not limited to, the following:

51

     (1) The child shall not engage in a violation of law.

52

     (2) The child shall not possess or carry any weapon.

53

     (3) The child shall not possess or use any alcoholic

54

beverage or illegal drug or associate with those who are

55

currently possessing or using any alcoholic beverage or illegal

56

drug.

57

     (4) The child shall obey all reasonable household rules.

58

     (5) The child shall attend school regularly, including all

59

classes.

60

     (6) The child shall abide by the curfew set by his or her

61

parents or guardians, or as set by the court.

62

     (7) The child shall have no contact with any codefendants,

63

an alleged victim, or the family of any alleged victim.

64

     (8) The child shall not return to the scene of the alleged

65

crime, unless approved by the court.

66

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

67

985.101, Florida Statutes, is amended to read:

68

     985.101 Taking a child into custody; preadjudicatory

69

release conditions.--

70

     (1)  A child may be taken into custody under the following

71

circumstances:

72

     (d)  By a law enforcement officer who has probable cause to

73

believe that the child is in violation of the conditions of the

74

child's preadjudicatory release, conditions of the child's

75

probation, home detention, postcommitment probation, or

76

conditional release supervision; has absconded from

77

nonresidential commitment; or has escaped from residential

78

commitment.

79

80

Nothing in this subsection shall be construed to allow the

81

detention of a child who does not meet the detention criteria in

82

part V.

83

     Section 4.  Subsection (1) of section 985.24, Florida

84

Statutes, is amended to read:

85

     985.24  Use of detention; prohibitions.--

86

     (1)  All determinations and court orders regarding the use

87

of secure, nonsecure, or home detention care shall be based

88

primarily upon findings that the child:

89

     (a)  Presents a substantial risk of not appearing at a

90

subsequent hearing;

91

     (b)  Presents a substantial risk of inflicting bodily harm

92

on others as evidenced by recent behavior;

93

     (c)  Presents a history of committing a property offense

94

prior to adjudication, disposition, or placement;

95

     (d) Has been adjudicated delinquent and committed to the

96

department in a residential facility, but is on home or nonsecure

97

detention care while awaiting placement, and:

98

     1. Absconds from home or nonsecure detention care or

99

otherwise violates the terms of release; or

100

     2. There is probable cause to believe that the child has

101

committed a new violation of law;

102

     (e)(d) Has committed contempt of court by:

103

     1.  Intentionally disrupting the administration of the

104

court;

105

     2.  Intentionally disobeying a court order; or

106

     3.  Engaging in a punishable act or speech in the court's

107

presence which shows disrespect for the authority and dignity of

108

the court; or

109

     (f)(e) Requests protection from imminent bodily harm.

110

     Section 5.  Subsection (1) of section 985.245, Florida

111

Statutes, is amended to read:

112

     985.245  Risk assessment instrument.--

113

     (1)  All determinations and court orders regarding placement

114

of a child into detention care shall comply with all requirements

115

and criteria provided in this part and shall be based on a risk

116

assessment of the child, unless the child is placed into

117

detention care as provided in s. 985.255(2) or s. 985.28.

118

     Section 6.  Paragraph (b) of subsection (1) of section

119

985.25, Florida Statutes, is amended to read:

120

     985.25  Detention intake.--

121

     (1)  The juvenile probation officer shall receive custody of

122

a child who has been taken into custody from the law enforcement

123

agency and shall review the facts in the law enforcement report

124

or probable cause affidavit and make such further inquiry as may

125

be necessary to determine whether detention care is required.

126

     (b)  The juvenile probation officer shall base the decision

127

whether or not to place the child into secure detention care,

128

home detention care, or nonsecure detention care on an assessment

129

of risk in accordance with the risk assessment instrument and

130

procedures developed by the department under s. 985.245. However,

131

a child shall be placed in secure detention care if:

132

     1. The child is charged with possessing or discharging a

133

firearm on school property in violation of s. 790.115;

134

     2. The child is alleged to have absconded from home or

135

nonsecure detention care or the child otherwise violates the

136

terms of release after adjudication and commitment to the

137

department but before placement in a residential facility; or

138

     3. There is probable cause to believe the child has

139

committed a new violation of law while on home or nonsecure

140

detention care after adjudication and commitment but before

141

placement in a residential facility shall be placed in secure

142

detention care.

143

144

Under no circumstances shall the juvenile probation officer or

145

the state attorney or law enforcement officer authorize the

146

detention of any child in a jail or other facility intended or

147

used for the detention of adults, without an order of the court.

148

     Section 7.  Subsections (1) and (3) of section 985.255,

149

Florida Statutes, are amended to read:

150

     985.255  Detention criteria; detention hearing.--

151

     (1)  Subject to s. 985.25(1), a child taken into custody and

152

placed into nonsecure or home detention care or detained in

153

secure detention care prior to a detention hearing may continue

154

to be detained by the court if:

155

     (a) The child is alleged to have absconded from home or

156

nonsecure detention care or otherwise violates the terms of

157

release after adjudication and commitment but while awaiting

158

placement in a residential facility.

159

     (b) There is probable cause to believe the child has

160

committed a new violation of law while on home or nonsecure

161

detention care after adjudication and commitment but while

162

awaiting placement in a residential facility.

163

     (c)(a) The child is alleged to be an escapee from a

164

residential commitment program; or an absconder from a

165

nonresidential commitment program, a probation program, or

166

conditional release supervision; or is alleged to have escaped

167

while being lawfully transported to or from a residential

168

commitment program.

169

     (d)(b) The child is wanted in another jurisdiction for an

170

offense which, if committed by an adult, would be a felony.

171

     (e)(c) The child is charged with a delinquent act or

172

violation of law and requests in writing through legal counsel to

173

be detained for protection from an imminent physical threat to

174

his or her personal safety.

175

     (f)(d) The child is charged with committing an offense of

176

domestic violence as defined in s. 741.28 and is detained as

177

provided in subsection (2).

178

     (g)(e) The child is charged with possession or discharging

179

a firearm on school property in violation of s. 790.115.

180

     (h)(f) The child is charged with a capital felony, a life

181

felony, a felony of the first degree, a felony of the second

182

degree that does not involve a violation of chapter 893, or a

183

felony of the third degree that is also a crime of violence,

184

including any such offense involving the use or possession of a

185

firearm.

186

     (i)(g) The child is charged with any second degree or third

187

degree felony involving a violation of chapter 893 or any third

188

degree felony that is not also a crime of violence, and the

189

child:

190

     1.  Has a record of failure to appear at court hearings

191

after being properly notified in accordance with the Rules of

192

Juvenile Procedure;

193

     2.  Has a record of law violations prior to court hearings;

194

     3.  Has already been detained or has been released and is

195

awaiting final disposition of the case;

196

     4.  Has a record of violent conduct resulting in physical

197

injury to others; or

198

     5.  Is found to have been in possession of a firearm.

199

     (j)(h) The child is alleged to have violated the conditions

200

of the child's probation or conditional release supervision.

201

However, a child detained under this paragraph may be held only

202

in a consequence unit as provided in s. 985.439. If a consequence

203

unit is not available, the child may be placed in secure

204

detention care, home detention care, or home detention care with

205

electronic monitoring shall be placed on home detention with

206

electronic monitoring.

207

     (k)(i) The child is detained on a judicial order for

208

failure to appear and has previously willfully failed to appear,

209

after proper notice, for an adjudicatory hearing on the same case

210

regardless of the results of the risk assessment instrument. A

211

child may be held in secure detention for up to 72 hours in

212

advance of the next scheduled court hearing pursuant to this

213

paragraph. The child's failure to keep the clerk of court and

214

defense counsel informed of a current and valid mailing address

215

where the child will receive notice to appear at court

216

proceedings does not provide an adequate ground for excusal of

217

the child's nonappearance at the hearings.

218

     (l)(j) The child is detained on a judicial order for

219

failure to appear and has previously willfully failed to appear,

220

after proper notice, at two or more court hearings of any nature

221

on the same case regardless of the results of the risk assessment

222

instrument. A child may be held in secure detention for up to 72

223

hours in advance of the next scheduled court hearing pursuant to

224

this paragraph. The child's failure to keep the clerk of court

225

and defense counsel informed of a current and valid mailing

226

address where the child will receive notice to appear at court

227

proceedings does not provide an adequate ground for excusal of

228

the child's nonappearance at the hearings.

229

     (3)(a)  A child who meets any of the criteria in subsection

230

(1) and who is ordered to be detained under that subsection shall

231

be given a hearing within 24 hours after being taken into

232

custody. The purpose of the detention hearing is to determine the

233

existence of probable cause that the child has committed the

234

delinquent act or violation of law that he or she is charged with

235

and the need for continued detention. Unless a child is detained

236

under paragraph (1)(a), paragraph (1)(b), paragraph (1)(f)(d), or

237

paragraph (1)(g)(e), the court shall use the results of the risk

238

assessment performed by the juvenile probation officer and, based

239

on the criteria in subsection (1), shall determine the need for

240

continued detention. A child placed into secure, nonsecure, or

241

home detention care may continue to be so detained by the court.

242

A child detained under paragraph (1)(a) or paragraph (1)(b) may

243

be placed into secure detention care pending placement in a

244

residential facility.

245

     (b)  If the court orders a placement more restrictive than

246

indicated by the results of the risk assessment instrument, the

247

court shall state, in writing, clear and convincing reasons for

248

such placement.

249

     (c) Except as provided in paragraph (1)(a), paragraph

250

(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed

251

into secure or nonsecure detention care, or into a respite home

252

or other placement pursuant to a court order following a hearing,

253

the court order must include specific instructions that direct

254

the release of the child from such placement no later than 5 p.m.

255

on the last day of the detention period specified in s. 985.26 or

256

s. 985.27, whichever is applicable, unless the requirements of

257

such applicable provision have been met or an order of

258

continuance has been granted under s. 985.26(4).

259

     Section 8.  Section 985.26, Florida Statutes, is amended to

260

read:

261

     985.26  Length of detention.--

262

     (1)  A child may not be placed into or held in secure,

263

nonsecure, or home detention care for longer than 24 hours unless

264

the court orders such detention care, and the order includes

265

specific instructions that direct the release of the child from

266

such detention care, in accordance with s. 985.255. The order

267

shall be a final order, reviewable by appeal under s. 985.534 and

268

the Florida Rules of Appellate Procedure. Appeals of such orders

269

shall take precedence over other appeals and other pending

270

matters.

271

     (2)  A child may not be held in secure, nonsecure, or home

272

detention care under a special detention order for more than 21

273

days unless an adjudicatory hearing for the case has been

274

commenced in good faith by the court. However, upon good cause

275

being shown that the nature of the charge requires additional

276

time for the prosecution or defense of the case, the court may

277

extend the length of detention for an additional 9 days if the

278

child is charged with an offense that would be, if committed by

279

an adult, a capital felony, a life felony, a felony of the first

280

degree, or a felony of the second degree involving violence

281

against any individual. For purposes of this subsection, if a

282

child is released, the child must comply with all conditions of

283

preadjudicatory release set by the circuit court.

284

     (3)  Except as provided in subsection (2), a child may not

285

be held in secure, nonsecure, or home detention care for more

286

than 15 days following the entry of an order of adjudication.

287

     (4)  The time limits in subsections (2) and (3) do not

288

include periods of delay resulting from a continuance granted by

289

the court for cause on motion of the child or his or her counsel

290

or of the state. Upon the issuance of an order granting a

291

continuance for cause on a motion by either the child, the

292

child's counsel, or the state, the court shall conduct a hearing

293

at the end of each 72-hour period, excluding Saturdays, Sundays,

294

and legal holidays, to determine the need for continued detention

295

of the child and the need for further continuance of proceedings

296

for the child or the state.

297

     (5) The time limits required under this section do not

298

apply to children held in secure detention care pursuant to ss.

299

985.255(1) and (3), 985.27(1)(a) and (b), and 985.28.

300

     (6)(5) A child who was not in secure detention care at the

301

time of the adjudicatory hearing, but for whom residential

302

commitment is anticipated or recommended, may be placed under a

303

special detention order for a period not to exceed 72 hours,

304

excluding weekends and legal holidays, for the purpose of

305

conducting a comprehensive evaluation as provided in s. 985.185.

306

Motions for the issuance of such special detention order may be

307

made subsequent to a finding of delinquency. Upon said motion,

308

the court shall conduct a hearing to determine the

309

appropriateness of such special detention order and shall order

310

the least restrictive level of detention care necessary to

311

complete the comprehensive evaluation process that is consistent

312

with public safety. Such special detention order may be extended

313

for an additional 72 hours upon further order of the court.

314

     (7)(6) If a child is detained and a petition for

315

delinquency is filed, the child shall be arraigned in accordance

316

with the Florida Rules of Juvenile Procedure within 48 hours

317

after the filing of the petition for delinquency.

318

     Section 9.  Subsection (1) of section 985.265, Florida

319

Statutes, is amended to read:

320

     985.265  Detention transfer and release; education; adult

321

jails.--

322

     (1)  If a child is detained under this part, the department

323

may transfer the child from nonsecure or home detention care to

324

secure detention care only if significantly changed circumstances

325

warrant such transfer. Such circumstances include, but are not

326

necessarily limited to:

327

     (a) Where a child is alleged to have absconded from home or

328

nonsecure detention care or otherwise violates the terms of

329

release after adjudication and commitment but while awaiting

330

placement in a residential facility; or

331

     (b) Where probable cause exists that a child has committed

332

a new violation of law while on home or nonsecure detention care

333

after adjudication and commitment but while awaiting placement in

334

a residential facility.

335

     Section 10.  Subsection (1) of section 985.27, Florida

336

Statutes, is amended to read:

337

     985.27  Postcommitment detention while awaiting placement.--

338

     (1)  The court must place all children who are adjudicated

339

and awaiting placement in a commitment program in secure

340

detention care, home detention care, or nonsecure detention care.

341

Children who are in home detention care or nonsecure detention

342

care may be placed on electronic monitoring.

343

     (a)  A child who is awaiting placement in a low-risk

344

residential program must be removed from detention within 5 days,

345

excluding Saturdays, Sundays, and legal holidays. Any child held

346

in secure detention during the 5 days must meet detention

347

admission criteria under this part. A child who is placed in home

348

detention care, nonsecure detention care, or home or nonsecure

349

detention care with electronic monitoring, while awaiting

350

placement in a minimum-risk or low-risk program, may be held in

351

secure detention care for 5 days, if the child violates the

352

conditions of the home detention care, the nonsecure detention

353

care, or the electronic monitoring agreement. For any subsequent

354

violation, the court may impose an additional 15 5 days,

355

excluding Saturdays, Sundays, and legal holidays, in secure

356

detention care.

357

     (b)1. A child who is awaiting placement in a moderate-risk

358

residential program must be placed in secure detention care, home

359

detention care, or nonsecure detention care. Any child held in

360

secure detention care must meet detention admission criteria

361

under this part.

362

     2. A child may not be held in secure detention care longer

363

than 15 days, excluding Saturdays, Sundays, and legal holidays,

364

while awaiting placement in a moderate-risk residential facility,

365

except that any child shall be held in secure detention care

366

until placed in a residential facility if:

367

     a. The child is alleged to have absconded from home

368

detention care or nonsecure detention care or otherwise violated

369

the terms of release or electronic monitoring; or

370

     b. Probable cause exists that a child committed a new

371

violation of law while on home detention care, nonsecure

372

detention care, or electronic monitoring and the child is

373

awaiting placement in a residential program. A child who is

374

awaiting placement in a moderate-risk residential program must be

375

removed from detention within 5 days, excluding Saturdays,

376

Sundays, and legal holidays. Any child held in secure detention

377

during the 5 days must meet detention admission criteria under

378

this part. The department may seek an order from the court

379

authorizing continued detention for a specific period of time

380

necessary for the appropriate residential placement of the child.

381

However, such continued detention in secure detention care may

382

not exceed 15 days after entry of the commitment order, excluding

383

Saturdays, Sundays, and legal holidays, and except as otherwise

384

provided in this section. A child who is placed in home detention

385

care, nonsecure detention care, or home or nonsecure detention

386

care with electronic monitoring, while awaiting placement in a

387

moderate-risk program, may be held in secure detention care for 5

388

days, if the child violates the conditions of the home detention

389

care, the nonsecure detention care, or the electronic monitoring

390

agreement. For any subsequent violation, the court may impose an

391

additional 5 days in secure detention care.

392

     (c)  If the child is committed to a high-risk residential

393

program, the child must be held in secure detention care until

394

placement or commitment is accomplished.

395

     (d)  If the child is committed to a maximum-risk residential

396

program, the child must be held in secure detention care until

397

placement or commitment is accomplished.

398

     Section 11.  Section 985.28, Florida Statutes, is created to

399

read:

400

     985.28 Appearance in court; preadjudicatory detention;

401

contempt.--

402

     (1) A child may be held in secure detention care if, after

403

proper notice, the child fails to appear in court because the

404

child refuses to appear, runs away, or otherwise intentionally

405

avoids his or her appearance. The court may hold the child in

406

secure detention care until the trial concludes, regardless of

407

the results of the risk assessment instrument.

408

     (2) A parent or legal guardian, after being properly

409

noticed, who knowingly and willfully fails to bring or otherwise

410

prevents a child from appearing for trial may be held in contempt

411

of court.

412

     Section 12.  Subsection (1) of section 985.35, Florida

413

Statutes, is amended to read:

414

     985.35  Adjudicatory hearings; withheld adjudications;

415

orders of adjudication.--

416

     (1)  The adjudicatory hearing must be held as soon as

417

practicable after the petition alleging that a child has

418

committed a delinquent act or violation of law is filed and in

419

accordance with the Florida Rules of Juvenile Procedure; but

420

reasonable delay for the purpose of investigation, discovery, or

421

procuring counsel or witnesses shall be granted. If the child is

422

being detained, the time limitations in s. 985.26(2) and (3)

423

apply.

424

     Section 13.  Paragraph (c) of subsection (1) of section

425

985.43, Florida Statutes, is amended, and subsection (4) is added

426

to that section, to read:

427

     985.43  Predisposition reports; other evaluations.--

428

     (1)  Upon a finding that the child has committed a

429

delinquent act:

430

     (c)  A child who was not in secure detention at the time of

431

the adjudicatory hearing, but for whom residential commitment is

432

anticipated or recommended, may be placed under a special

433

detention order, as provided in s. 985.26(6)(5), for the purpose

434

of conducting a comprehensive evaluation.

435

     (4) The Legislature finds that the court is in the best

436

position to weigh all facts and circumstances to determine

437

whether or not to commit a juvenile to the department and to

438

determine the most appropriate restrictiveness level for a

439

juvenile committed to the department.

440

     Section 14.  Paragraphs (a) and (b) of subsection (7) of

441

section 985.433, Florida Statutes, are amended to read:

442

     985.433  Disposition hearings in delinquency cases.--When a

443

child has been found to have committed a delinquent act, the

444

following procedures shall be applicable to the disposition of

445

the case:

446

     (7)  If the court determines that the child should be

447

adjudicated as having committed a delinquent act and should be

448

committed to the department, such determination shall be in

449

writing or on the record of the hearing. The determination shall

450

include a specific finding of the reasons for the decision to

451

adjudicate and to commit the child to the department, including

452

any determination that the child was a member of a criminal

453

street gang.

454

     (a) The juvenile probation officer shall make a

455

recommendation to the court concerning placement and any proposed

456

treatment plan recommend to the court the most appropriate

457

placement and treatment plan, specifically identifying the

458

restrictiveness level most appropriate for the child. If the

459

court has determined that the child was a member of a criminal

460

street gang, that determination shall be given great weight in

461

identifying the most appropriate restrictiveness level for the

462

child. The court shall consider the department's recommendation

463

in making its commitment decision.

464

     (b) The court may shall commit the child to the department

465

at the restrictiveness level identified by the department, or the

466

court may order placement at a different restrictiveness level.

467

The court may determine the disposition on the same factors as

468

the department considered in the department's predisposition

469

report and placement recommendation even if the court reaches a

470

different conclusion. The court may commit the child to a

471

different restrictiveness level than recommended by the

472

department. The court shall state for the record the reasons for

473

the disposition imposed that establish by a preponderance of the

474

evidence why the court is disregarding the assessment of the

475

child and the restrictiveness level recommended by the

476

department. Any party may appeal the court's findings resulting

477

in a modified level of restrictiveness under this paragraph. The

478

department shall maintain data to identify the extent to which

479

the courts agree with the department's recommendation.

480

     Section 15.  Subsection (2) of section 985.439, Florida

481

Statutes, is amended to read:

482

     985.439  Violation of probation or postcommitment

483

probation.--

484

     (2)  A child taken into custody under s. 985.101 for

485

violating the conditions of probation or postcommitment probation

486

shall be held in a consequence unit if such a unit is available

487

or may be detained under part V in a facility other than a

488

consequence unit if one is not available. The child shall be

489

afforded a hearing within 24 hours after being taken into custody

490

to determine the existence of probable cause that the child

491

violated the conditions of probation or postcommitment probation.

492

A consequence unit is a secure facility specifically designated

493

by the department for children who are taken into custody under

494

s. 985.101 for violating probation or postcommitment probation,

495

or who have been found by the court to have violated the

496

conditions of probation or postcommitment probation. If the

497

violation involves a new charge of delinquency, the child may be

498

detained under part V in a facility other than a consequence

499

unit. If the child is not eligible for detention for the new

500

charge of delinquency, the child may be held in the consequence

501

unit pending a hearing and is subject to the time limitations

502

specified in part V.

503

     Section 16.  Section 938.20, Florida Statutes, is created to

504

read:

505

     938.20 County juvenile crime prevention fund.--

506

     (1) Notwithstanding s. 318.121, and in addition to ss.

507

938.19 and 939.185, in each county the board of county

508

commissioners may adopt a mandatory court cost to be assessed in

509

specific cases by incorporating by reference the provisions of

510

this section in a county ordinance. Assessments collected by the

511

clerk of the circuit court under this section shall be deposited

512

into an account specifically for the administration of the

513

county's juvenile crime prevention fund. The proceeds of the

514

county's juvenile crime prevention fund shall be used only to

515

fund local programs whose principal focus is the prevention of

516

juvenile crime, the creation of consequence or suspension

517

centers, and truancy programs and other areas of local concern

518

relating to juvenile crime.

519

     (2) A sum of up to $50 shall be assessed as a court cost in

520

the circuit court in the county against each juvenile who pleads

521

guilty or nolo contendere to, or is found guilty of, regardless

522

of adjudication, a violation of criminal law or municipal or

523

county ordinance.

524

     (3) The assessment for court costs under this section shall

525

be assessed in addition to any other cost or fee and may not be

526

deducted from the proceeds of any other cost that is received by

527

the county.

528

     (4)(a) The clerk of the circuit court shall collect the

529

assessments for court costs under this section and shall remit

530

the assessments to the county's juvenile crime prevention fund

531

monthly.

532

     (b) The clerk of the circuit court shall withhold 3 percent

533

of the assessments collected, which shall be retained as fee

534

income of the office of the clerk of the circuit court.

535

     (5) A county's juvenile crime prevention fund must account

536

for all funds received and disbursed under this section in a

537

written report to the board of county commissioners of that

538

county. The report must be given to the commissioners by August 1

539

of each year unless a different date is required by the

540

commissioners.

541

     (6) A county's juvenile crime prevention fund may be

542

administered by a nonprofit organization, a law enforcement

543

agency, the court administrator, the clerk of the circuit court,

544

a county agency, or another similar agency authorized by the

545

board of county commissioners of that county.

546

     Section 17.  Subsection (8) of section 790.22, Florida

547

Statutes, is amended to read:

548

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

549

electric weapons or devices by minor under 16; limitation;

550

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

551

     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor

552

under 18 years of age is charged with an offense that involves

553

the use or possession of a firearm, as defined in s. 790.001,

554

including a violation of subsection (3), or is charged for any

555

offense during the commission of which the minor possessed a

556

firearm, the minor shall be detained in secure detention, unless

557

the state attorney authorizes the release of the minor, and shall

558

be given a hearing within 24 hours after being taken into

559

custody. At the hearing, the court may order that the minor

560

continue to be held in secure detention in accordance with the

561

applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if

562

the court finds that the minor meets the criteria specified in s.

563

985.255, or if the court finds by clear and convincing evidence

564

that the minor is a clear and present danger to himself or

565

herself or the community. The Department of Juvenile Justice

566

shall prepare a form for all minors charged under this subsection

567

that states the period of detention and the relevant demographic

568

information, including, but not limited to, the sex, age, and

569

race of the minor; whether or not the minor was represented by

570

private counsel or a public defender; the current offense; and

571

the minor's complete prior record, including any pending cases.

572

The form shall be provided to the judge to be considered when

573

determining whether the minor should be continued in secure

574

detention under this subsection. An order placing a minor in

575

secure detention because the minor is a clear and present danger

576

to himself or herself or the community must be in writing, must

577

specify the need for detention and the benefits derived by the

578

minor or the community by placing the minor in secure detention,

579

and must include a copy of the form provided by the department.

580

The Department of Juvenile Justice must send the form, including

581

a copy of any order, without client-identifying information, to

582

the Office of Economic and Demographic Research.

583

     Section 18. The Legislature determines and declares that

584

this act fulfills an important state interest.

585

     Section 19.  This act shall take effect July 1, 2008.

586

587

588

================ T I T L E  A M E N D M E N T ================

589

And the title is amended as follows:

590

591

     Delete everything before the enacting clause

592

and insert:

593

A bill to be entitled

594

An act relating to juvenile justice; amending s. 985.0301,

595

F.S.; permitting a court to retain jurisdiction over a

596

child and the child's parent or legal guardian whom the

597

court has ordered to pay costs, fees, and costs associated

598

with court-appointed counsel until the costs, fees, and

599

costs associated with court-appointed counsel are

600

satisfied; providing intent; creating s. 985.031, F.S.;

601

authorizing the court to set reasonable conditions of

602

preadjudicatory release; providing examples of such

603

conditions; amending s. 985.101, F.S.; permitting a child

604

to be taken into custody for violations of preadjudicatory

605

release conditions; providing that conditions of

606

preadjudicatory release may not be used to impose home

607

detention when not otherwise authorized; amending s.

608

985.24, F.S.; providing an additional finding to support

609

the use of secure, nonsecure, or home detention care;

610

amending s. 985.245, F.S.; providing that placement in

611

detention care under a specified provision does not

612

require a risk assessment; amending s. 985.25, F.S.;

613

providing additional grounds for placement of a child in

614

secure detention care; amending s. 985.255, F.S.;

615

providing for continuing home or nonsecure or home

616

detention care or secure detention care prior to a

617

detention hearing in certain circumstances; amending s.

618

985.26, F.S.; requiring that children who have been

619

released comply with preadjudicatory release conditions;

620

providing that certain time limits do not apply to secure

621

detention under specified provisions; amending s. 985.265,

622

F.S.; specifying some changed circumstances that permit

623

the Department of Juvenile Justice to transfer a child

624

from home or nonsecure or home detention care to secure

625

detention care; amending s. 985.27, F.S.; specifying

626

circumstances under which a child who is awaiting

627

placement in a low-risk or minimum-risk residential

628

program may be held in secure detention care; providing

629

time limits on such detention care; providing for secure

630

detention care for absconders from specified types of

631

care; revising provisions for detention care of a child

632

awaiting placement in a moderate-risk residential program;

633

providing for secure detention care in specified

634

circumstances; creating s. 985.28, F.S.; providing for

635

secure detention of a child in specified circumstances;

636

permitting a parent or legal guardian of a child to be

637

held in contempt of court if he or she knowingly and

638

willfully fails to bring or otherwise prevents the child

639

from appearing for trial; amending s. 985.35, F.S.;

640

conforming a cross-reference to changes made by the act;

641

amending s. 985.43, F.S.; conforming a cross-reference to

642

changes made by the act; providing a legislative

643

declaration concerning the determination whether to commit

644

a juvenile to the department and the most appropriate

645

placement level if the juvenile is committed; amending s.

646

985.433, F.S.; revising provisions relating to

647

recommendations by probation officers to the court

648

concerning placement and any proposed treatment plan of

649

juveniles; specifying that the court has the power to

650

determine appropriate dispositions; requiring that reasons

651

for a disposition be stated for the record; amending s.

652

985.439, F.S.; permitting a child to be detained in a

653

facility other than a consequence unit if one is not

654

available for a violation of probation or postcommitment

655

probation under specified provisions; creating s. 938.20,

656

F.S.; permitting each county to create a juvenile crime

657

prevention fund; providing for an additional court cost;

658

providing for administration and use of funds; amending s.

659

790.22, F.S.; conforming a cross-reference; providing that

660

the act fulfills an important state interest; providing an

661

effective date.

3/27/2008  12:17:00 PM     8-05944-08