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The Committee on Criminal Justice (Aronberg) recommended the

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following amendment to amendment (149962):

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     Senate Amendment (with title amendments)

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     Delete lines 8-585

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and insert:

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     Section 1.  Section 985.031, Florida Statutes, is created to

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read:

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     985.031 Preadjudicatory release; circuit court

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

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reasonable conditions of preadjudicatory release as an

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alternative to secure detention time. The child shall comply with

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all such preadjudicatory release conditions prior to an

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adjudicatory hearing. Preadjudicatory release conditions may not

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be imposed on a child who is not represented by counsel.

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Reasonable conditions of preadjudicatory release may include, but

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are not limited to, the following:

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

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

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     (3) The child may not possess or use any alcoholic beverage

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or associate with anyone who is currently possessing or alcoholic

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beverage or associate with anyone who is currently possessing or

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using any illegal drug or illegally possessing or using any

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alcoholic beverage.

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     (4) The child shall obey all reasonable household rules

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that are announced in open court, entered in the written order,

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and provided to the child in court.

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

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classes, if the child is enrolled in school.

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

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parents or guardians, or as set by the court, if the curfew is

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rationally related to the underlying sworn facts of the alleged

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law violation.

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     (7) In cases not involving the child's school, the child

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may not return to the scene of the alleged crime, unless the

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child is accompanied by defense counsel or approved by the court.

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     Section 2.  Paragraph (d) of subsection (1) of section

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985.101, Florida Statutes, is amended to read:

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     985.101  Taking a child into custody.--

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

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circumstances:

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

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

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

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probation, home detention, postcommitment probation, or

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conditional release supervision; has absconded from

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nonresidential commitment; or has escaped from residential

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commitment.

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Nothing in this subsection shall be construed to allow the

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

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part V.

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     Section 3.  Subsection (1) of section 985.24, Florida

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Statutes, is amended to read:

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     985.24  Use of detention; prohibitions.--

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     (1)  All determinations and court orders regarding the use

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

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primarily upon findings that the child:

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

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subsequent hearing;

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     (b)  Presents a substantial risk of inflicting bodily harm

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on others as evidenced by recent behavior;

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     (c)  Presents a history of committing a property offense

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prior to adjudication, disposition, or placement;

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     (d) Has been adjudicated delinquent and committed to the

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department in a residential facility.

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

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     1.  Intentionally disrupting the administration of the

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court;

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     2.  Intentionally disobeying a court order; or

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

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presence which shows disrespect for the authority and dignity of

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the court; or

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

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     Section 4.  Paragraph (b) of subsection (1) of section

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985.25, Florida Statutes, is amended to read:

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     985.25  Detention intake.--

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     (1)  The juvenile probation officer shall receive custody of

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

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agency and shall review the facts in the law enforcement report

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or probable cause affidavit and make such further inquiry as may

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be necessary to determine whether detention care is required.

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     (b)  The juvenile probation officer shall base the decision

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

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home detention care, or nonsecure detention care on an assessment

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of risk in accordance with the risk assessment instrument and

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

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a child charged with possessing or discharging a firearm on

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school property in violation of s. 790.115, a child alleged to

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have absconded from home or nonsecure detention care or a child

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who otherwise violates the terms of release after adjudication

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and commitment to the department but before placement in a

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residential facility shall be placed in secure detention care.

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Under no circumstances shall the juvenile probation officer or

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the state attorney or law enforcement officer authorize the

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

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

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     Section 5.  Section 985.26, Florida Statutes, is amended to

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read:

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     985.26  Length of detention.--

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

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

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the court orders such detention care, and the order includes

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specific instructions that direct the release of the child from

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

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

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the Florida Rules of Appellate Procedure. Appeals of such orders

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shall take precedence over other appeals and other pending

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matters.

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

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detention care under a special detention order for more than 21

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days unless an adjudicatory hearing for the case has been

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

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being shown that the nature of the charge requires additional

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

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

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

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

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degree, or a felony of the second degree involving violence

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

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

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preadjudicatory release set by the circuit court.

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

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

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

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

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include periods of delay resulting from a continuance granted by

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

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

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

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

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

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and legal holidays, to determine the need for continued detention

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of the child and the need for further continuance of proceedings

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for the child or the state.

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

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time of the adjudicatory hearing, but for whom residential

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commitment is anticipated or recommended, may be placed under a

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

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excluding weekends and legal holidays, for the purpose of

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conducting a comprehensive evaluation as provided in s. 985.185.

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Motions for the issuance of such special detention order may be

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

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the court shall conduct a hearing to determine the

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appropriateness of such special detention order and shall order

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the least restrictive level of detention care necessary to

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complete the comprehensive evaluation process that is consistent

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with public safety. Such special detention order may be extended

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

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

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is filed, the child shall be arraigned in accordance with the

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Florida Rules of Juvenile Procedure within 48 hours after the

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filing of the petition for delinquency.

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     Section 6.  Subsection (1) of section 985.27, Florida

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Statutes, is amended to read:

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     985.27  Postcommitment detention while awaiting placement.--

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

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and awaiting placement in a commitment program in secure

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

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Children who are in home detention care or nonsecure detention

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care may be placed on electronic monitoring.

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

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residential program must be removed from detention within 5 days,

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

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in secure detention during the 5 days must meet detention

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

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detention care, nonsecure detention care, or home or nonsecure

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detention care with electronic monitoring, while awaiting

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

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

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conditions of the home detention care, the nonsecure detention

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care, or the electronic monitoring agreement. For any subsequent

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violation, the court may impose an additional 5 days in secure

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detention care.

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

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residential program must be placed in secure detention care. Any

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child held in secure detention care must meet detention admission

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criteria under this part.

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

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

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while awaiting placement in a moderate-risk residential facility.

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A child who is awaiting placement in a moderate-risk residential

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program must be removed from detention within 5 days, excluding

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

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detention during the 5 days must meet detention admission

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criteria under this part. The department may seek an order from

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the court authorizing continued detention for a specific period

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of time necessary for the appropriate residential placement of

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the child. However, such continued detention in secure detention

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care may not exceed 15 days after entry of the commitment order,

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

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

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detention care, nonsecure detention care, or home or nonsecure

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detention care with electronic monitoring, while awaiting

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placement in a moderate-risk program, may be held in secure

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

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of the home detention care, the nonsecure detention care, or the

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electronic monitoring agreement. For any subsequent violation,

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the court may impose an additional 5 days in secure detention

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care.

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

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

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placement or commitment is accomplished.

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

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

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placement or commitment is accomplished.

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     Section 7.  Subsection (4) is added to section 985.43,

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Florida Statutes, to read:

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     985.43  Predisposition reports; other evaluations.--

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

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position to weigh all facts and circumstances to determine

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

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determine the most appropriate restrictiveness level for a

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juvenile committed to the department.

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     Section 8.  Paragraphs (a) and (b) of subsection (7) of

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section 985.433, Florida Statutes, are amended to read:

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     985.433  Disposition hearings in delinquency cases.--When a

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

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following procedures shall be applicable to the disposition of

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the case:

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

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adjudicated as having committed a delinquent act and should be

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committed to the department, such determination shall be in

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

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include a specific finding of the reasons for the decision to

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adjudicate and to commit the child to the department, including

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any determination that the child was a member of a criminal

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street gang.

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     (a) The juvenile probation officer shall make a

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recommendation to the court concerning placement and any proposed

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treatment plan recommend to the court the most appropriate

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placement and treatment plan, specifically identifying the

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restrictiveness level most appropriate for the child. If the

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

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street gang, that determination shall be given great weight in

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identifying the most appropriate restrictiveness level for the

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child. The court shall consider the department's recommendation

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in making its commitment decision.

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

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at the restrictiveness level identified by the department, or the

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court may order placement at a different restrictiveness level.

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The court may determine the disposition on the same factors as

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the department considered in the department's predisposition

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report and placement recommendation even if the court reaches a

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different conclusion. The court may commit the child to a

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different restrictiveness level than recommended by the

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

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the disposition imposed that establish by a preponderance of the

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evidence why the court is disregarding the assessment of the

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child and the restrictiveness level recommended by the

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

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in a modified level of restrictiveness under this paragraph. The

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department shall maintain data to identify the extent to which

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the courts agree with the department's recommendation.

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     Section 9.  Section 938.20, Florida Statutes, is created to

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read:

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     938.20 County juvenile crime prevention fund.--

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

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938.19 and 939.185, in each county the board of county

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commissioners may adopt a mandatory court cost to be assessed in

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specific cases by incorporating by reference the provisions of

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this section in a county ordinance. Assessments collected by the

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clerk of the circuit court under this section shall be deposited

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into an account specifically for the administration of the

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

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

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fund local programs whose principal focus is the prevention of

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juvenile crime, the creation of consequence or suspension

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centers, and truancy programs and other areas of local concern

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relating to juvenile crime.

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

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the circuit court in the county against each juvenile who pleads

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

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of adjudication, a violation of criminal law or municipal or

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county ordinance.

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

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

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

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the county.

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

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assessments for court costs under this section and shall remit

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the assessments to the county's juvenile crime prevention fund

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monthly.

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

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of the assessments collected, which shall be retained as fee

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

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

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for all funds received and disbursed under this section in a

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written report to the board of county commissioners of that

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

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of each year unless a different date is required by the

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commissioners.

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

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administered by a nonprofit organization, a law enforcement

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

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a county agency, or another similar agency authorized by the

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board of county commissioners of that county.

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     Section 10.  This act shall take effect July 1, 2008.

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

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And the title is amended as follows:

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     Delete lines 593-661

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and insert:

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A bill to be entitled

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An act relating to juvenile justice; creating s. 985.031,

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F.S.; authorizing the court to set reasonable conditions

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of preadjudicatory release; providing examples of such

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

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to be taken into custody for violations of preadjudicatory

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release conditions; amending s. 985.24, F.S.; providing an

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additional finding to support the use of secure,

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nonsecure, or home detention care; amending s. 985.25,

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F.S.; providing additional grounds for placement of a

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child in secure detention care; amending s. 985.26, F.S.;

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requiring that children who have been released comply with

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preadjudicatory release conditions; providing that certain

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time limits do not apply to secure detention under

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specified provisions; amending s. 985.27, F.S.; specifying

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circumstances under which a child who is awaiting

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placement in a low-risk or minimum-risk residential

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program may be held in secure detention care; providing

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time limits on such detention care; revising provisions

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for detention care of a child awaiting placement in a

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moderate-risk residential program; providing for secure

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detention care in specified circumstances; amending s.

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985.43, F.S.; providing a legislative declaration

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concerning the determination whether to commit a juvenile

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to the department and the most appropriate placement level

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if the juvenile is committed; amending s. 985.433, F.S.;

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revising provisions relating to recommendations by

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probation officers to the court concerning placement and

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any proposed treatment plan of juveniles; specifying that

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the court has the power to determine appropriate

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dispositions; requiring that reasons for a disposition be

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stated for the record; creating s. 938.20, F.S.;

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permitting each county to create a juvenile crime

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prevention fund; providing for an additional court cost;

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providing for administration and use of funds; providing

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an effective date.