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The Committee on Criminal Justice (King) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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985.0301, Florida Statutes, is amended to read:

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     985.0301  Jurisdiction.--

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     (5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,

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985.435, 985.439, and 985.441, and except as provided in ss.

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985.465 and 985.47 and paragraph (f), when the jurisdiction of

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any child who is alleged to have committed a delinquent act or

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violation of law is obtained, the court shall retain

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jurisdiction, unless relinquished by its order, until the child

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reaches 19 years of age, with the same power over the child that

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the court had prior to the child becoming an adult.

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     (b)  Notwithstanding ss. 743.07 and 985.455(3), and except

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as provided in s. 985.47, the term of any order placing a child

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in a probation program must be until the child's 19th birthday

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unless he or she is released by the court on the motion of an

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interested party or on his or her own motion.

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     (c)  Notwithstanding ss. 743.07 and 985.455(3), and except

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as provided in s. 985.47, the term of the commitment must be

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until the child is discharged by the department or until he or

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she reaches the age of 21 years. Notwithstanding ss. 743.07,

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985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and

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985.513, and except as provided in this section and s. 985.47, a

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child may not be held under a commitment from a court under s.

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985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455 after

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becoming 21 years of age.

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     (d)  The court may retain jurisdiction over a child

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committed to the department for placement in a juvenile prison or

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in a high-risk or maximum-risk residential commitment program to

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allow the child to participate in a juvenile conditional release

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program pursuant to s. 985.46. In no case shall the jurisdiction

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of the court be retained beyond the child's 22nd birthday.

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However, if the child is not successful in the conditional

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release program, the department may use the transfer procedure

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under s. 985.441(3).

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     (e)  The court may retain jurisdiction over a child

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committed to the department for placement in an intensive

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residential treatment program for 10-year-old to 13-year-old

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offenders, in the residential commitment program in a juvenile

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prison, in a residential sex offender program, or in a program

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for serious or habitual juvenile offenders as provided in s.

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985.47 or s. 985.483 until the child reaches the age of 21. If

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the court exercises this jurisdiction retention, it shall do so

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solely for the purpose of the child completing the intensive

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residential treatment program for 10-year-old to 13-year-old

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offenders, in the residential commitment program in a juvenile

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prison, in a residential sex offender program, or the program for

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serious or habitual juvenile offenders. Such jurisdiction

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retention does not apply for other programs, other purposes, or

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new offenses.

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     (f)  The court may retain jurisdiction over a child

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committed to a juvenile correctional facility or a juvenile

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prison until the child reaches the age of 21 years, specifically

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for the purpose of allowing the child to complete such program.

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     (g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious

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or habitual juvenile offender shall not be held under commitment

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from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565

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after becoming 21 years of age. This subparagraph shall apply

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only for the purpose of completing the serious or habitual

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juvenile offender program under this chapter and shall be used

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solely for the purpose of treatment.

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     2.  The court may retain jurisdiction over a child who has

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been placed in a program or facility for serious or habitual

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juvenile offenders until the child reaches the age of 21,

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specifically for the purpose of the child completing the program.

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     (h)  The court may retain jurisdiction over a juvenile

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sexual offender who has been placed in a program or facility for

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juvenile sexual offenders until the juvenile sexual offender

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reaches the age of 21, specifically for the purpose of completing

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the program.

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

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and the child's parent or legal guardian whom:

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     1. The court has ordered to pay restitution until the

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restitution order is satisfied. To retain jurisdiction, The court

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shall enter a restitution order, which is separate from any

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

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

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

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

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

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date and amount of restitution ordered, any amount of restitution

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

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

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

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s. 775.089(5).

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

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

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and costs associated with court-appointed counsel are satisfied,

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

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legal guardian remain responsible for unpaid costs, fees, and

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costs associated with court-appointed counsel until the unpaid

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

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

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implementation of this subparagraph does not, in any way,

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authorize or otherwise permit details of the juvenile court

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record to be disclosed except as provided by law.

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The retention of jurisdiction under this paragraph does not

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preclude the department from closing out the community

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supervision case for a child if the child has successfully met

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all other conditions of the supervision case plan.

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     (j)  This subsection does not prevent the exercise of

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jurisdiction by any court having jurisdiction of the child if the

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child, after becoming an adult, commits a violation of law.

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     Section 2.  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. The child shall

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comply with all such preadjudicatory release conditions prior to

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an adjudicatory hearing. Reasonable conditions of preadjudicatory

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

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

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

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

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beverage or illegal drug or associate with those who are

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currently possessing or using any alcoholic beverage or illegal

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drug.

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

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

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classes.

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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.

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

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

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

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crime, unless approved by the court.

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     Section 3.  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; preadjudicatory

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release conditions.--

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

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circumstances:

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     (a)  Pursuant to an order of the circuit court issued under

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this chapter, based upon sworn testimony, either before or after

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a petition is filed.

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     (b)  For a delinquent act or violation of law, pursuant to

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Florida law pertaining to a lawful arrest. If such delinquent act

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or violation of law would be a felony if committed by an adult or

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involves a crime of violence, the arresting authority shall

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immediately notify the district school superintendent, or the

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superintendent's designee, of the school district with

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educational jurisdiction of the child. Such notification shall

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include other education providers such as the Florida School for

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the Deaf and the Blind, university developmental research

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schools, and private elementary and secondary schools. The

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information obtained by the superintendent of schools pursuant to

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this section must be released within 48 hours after receipt to

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appropriate school personnel, including the principal of the

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child's school, or as otherwise provided by law. The principal

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must immediately notify the child's immediate classroom teachers.

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Information provided by an arresting authority under this

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paragraph may not be placed in the student's permanent record and

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shall be removed from all school records no later than 9 months

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after the date of the arrest.

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     (c)  By a law enforcement officer for failing to appear at a

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court hearing after being properly noticed.

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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 4.  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, but is on home or nonsecure

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detention care while awaiting placement, and:

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     1. Absconds from home or nonsecure detention care or

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otherwise violates the terms of release; or

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

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committed a new violation of law;

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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 5.  Subsection (1) of section 985.245, Florida

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Statutes, is amended to read:

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     985.245  Risk assessment instrument.--

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     (1)  All determinations and court orders regarding placement

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of a child into detention care shall comply with all requirements

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

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assessment of the child, unless the child is placed into

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

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     Section 6.  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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     (a)  During the period of time from the taking of the child

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into custody to the date of the detention hearing, the initial

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decision as to the child's placement into secure detention care,

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nonsecure detention care, or home detention care shall be made by

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the juvenile probation officer under ss. 985.24 and 985.245(1).

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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 shall be placed in secure detention care if:

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     1. The child is charged with possessing or discharging a

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firearm on school property in violation of s. 790.115;

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

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nonsecure detention care or the child otherwise violates the

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terms of release after adjudication and commitment to the

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department but before placement in a residential facility; or

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     3. There is probable cause to believe the child has

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committed a new violation of law while on home or nonsecure

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detention care after adjudication and commitment but before

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placement in a residential facility shall be placed in secure

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detention care.

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     (c)  If the juvenile probation officer determines that a

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child who is eligible for detention based upon the results of the

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risk assessment instrument should be released, the juvenile

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probation officer shall contact the state attorney, who may

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authorize release. If detention is not authorized, the child may

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be released by the juvenile probation officer in accordance with

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ss. 985.115 and 985.13.

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

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Florida Statutes, are amended to read:

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     985.255  Detention criteria; detention hearing.--

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

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placed into nonsecure or home detention care or detained in

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secure detention care prior to a detention hearing may continue

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to be detained by the court if:

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

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nonsecure detention care or otherwise violates the terms of

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release after adjudication and commitment but while awaiting

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placement in a residential facility.

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

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committed a new violation of law while on home or nonsecure

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detention care after adjudication and commitment but while

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awaiting placement in a residential facility.

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

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residential commitment program; or an absconder from a

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nonresidential commitment program, a probation program, or

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conditional release supervision; or is alleged to have escaped

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while being lawfully transported to or from a residential

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commitment program.

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

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

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

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violation of law and requests in writing through legal counsel to

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be detained for protection from an imminent physical threat to

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his or her personal safety.

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

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

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provided in subsection (2).

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

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

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

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

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

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

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including any such offense involving the use or possession of a

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firearm.

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

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degree felony involving a violation of chapter 893 or any third

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

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child:

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

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after being properly notified in accordance with the Rules of

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Juvenile Procedure;

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

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

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awaiting final disposition of the case;

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     4.  Has a record of violent conduct resulting in physical

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injury to others; or

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

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

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of the child's probation or conditional release supervision.

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

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

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

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

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electronic monitoring shall be placed on home detention with

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electronic monitoring.

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

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failure to appear and has previously willfully failed to appear,

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

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regardless of the results of the risk assessment instrument. A

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

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advance of the next scheduled court hearing pursuant to this

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

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defense counsel informed of a current and valid mailing address

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where the child will receive notice to appear at court

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proceedings does not provide an adequate ground for excusal of

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the child's nonappearance at the hearings.

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

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failure to appear and has previously willfully failed to appear,

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

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

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

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hours in advance of the next scheduled court hearing pursuant to

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

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and defense counsel informed of a current and valid mailing

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address where the child will receive notice to appear at court

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proceedings does not provide an adequate ground for excusal of

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the child's nonappearance at the hearings.

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

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

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be given a hearing within 24 hours after being taken into

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

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existence of probable cause that the child has committed the

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

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

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

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

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assessment performed by the juvenile probation officer and, based

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

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

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

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

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be placed into secure detention care pending placement in a

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residential facility.

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

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

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

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

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the court order must include specific instructions that direct

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

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

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

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such applicable provision have been met or an order of

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

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     Section 8.  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

387

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

389

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,

393

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) The time limits required under this section do not

397

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

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

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     (6)(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

401

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,

403

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

408

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

411

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

414

delinquency is filed, the child shall be arraigned in accordance

415

with the Florida Rules of Juvenile Procedure within 48 hours

416

after the filing of the petition for delinquency.

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

418

Statutes, is amended to read:

419

     985.265  Detention transfer and release; education; adult

420

jails.--

421

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

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may transfer the child from nonsecure or home detention care to

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secure detention care only if significantly changed circumstances

424

warrant such transfer. Such circumstances include, but are not

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necessarily limited to:

426

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

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nonsecure detention care or otherwise violates the terms of

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release after adjudication and commitment but while awaiting

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placement in a residential facility; or

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

431

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

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after adjudication and commitment but while awaiting placement in

433

a residential facility.

434

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

435

Statutes, is amended to read:

436

     985.27  Postcommitment detention while awaiting placement.--

437

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

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and awaiting placement in a commitment program in secure

439

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

440

Children who are in home detention care or nonsecure detention

441

care may be placed on electronic monitoring.

442

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

443

residential program must be removed from detention within 5 days,

444

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

445

in secure detention during the 5 days must meet detention

446

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

447

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

453

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

454

excluding Saturdays, Sundays, and legal holidays, in secure

455

detention care.

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

457

residential program must be placed in secure detention care, home

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

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secure detention care must meet detention admission criteria

460

under this part.

461

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

462

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

463

while awaiting placement in a moderate-risk residential facility,

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except that any child shall be held in secure detention care

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until placed in a residential facility if:

466

     a. The child is alleged to have absconded from home

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detention care or nonsecure detention care or otherwise violated

468

the terms of release or electronic monitoring; or

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     b. Probable cause exists that a child committed a new

470

violation of law while on home detention care, nonsecure

471

detention care, or electronic monitoring and the child is

472

awaiting placement in a residential program. A child who is

473

awaiting placement in a moderate-risk residential program must be

474

removed from detention within 5 days, excluding Saturdays,

475

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

476

during the 5 days must meet detention admission criteria under

477

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

478

authorizing continued detention for a specific period of time

479

necessary for the appropriate residential placement of the child.

480

However, such continued detention in secure detention care may

481

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

482

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

483

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

484

care, nonsecure detention care, or home or nonsecure detention

485

care with electronic monitoring, while awaiting placement in a

486

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

487

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

488

care, the nonsecure detention care, or the electronic monitoring

489

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

490

additional 5 days in secure detention care.

491

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

492

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

493

placement or commitment is accomplished.

494

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

495

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

496

placement or commitment is accomplished.

497

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

498

read:

499

     985.28 Appearance in court; preadjudicatory detention;

500

contempt.--

501

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

502

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

503

child refuses to appear, runs away, or otherwise intentionally

504

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

505

secure detention care until the trial concludes, regardless of

506

the results of the risk assessment instrument.

507

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

508

noticed, who knowingly and willfully fails to bring or otherwise

509

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

510

of court.

511

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

512

Statutes, is amended to read:

513

     985.35  Adjudicatory hearings; withheld adjudications;

514

orders of adjudication.--

515

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

516

practicable after the petition alleging that a child has

517

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

518

accordance with the Florida Rules of Juvenile Procedure; but

519

reasonable delay for the purpose of investigation, discovery, or

520

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

521

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

522

apply.

523

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

524

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

525

to that section, to read:

526

     985.43  Predisposition reports; other evaluations.--

527

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

528

delinquent act:

529

     (a)  The court may order the department to prepare a

530

predisposition report regarding the child's eligibility for

531

disposition other than by adjudication and commitment to the

532

department or for disposition of adjudication, commitment to the

533

department, and, if appropriate, assignment of a residential

534

commitment level. The predisposition report shall be the result

535

of the multidisciplinary assessment, when such assessment is

536

needed, and of the classification and placement process, and it

537

shall indicate and report the child's priority needs,

538

recommendations as to a classification of risk for the child in

539

the context of his or her program and supervision needs, and a

540

plan for treatment that recommends the most appropriate placement

541

setting to meet the child's needs with the minimum program

542

security that reasonably ensures public safety. A predisposition

543

report shall be ordered for any child for whom a residential

544

commitment disposition is anticipated or recommended by an

545

officer of the court or by the department.

546

     (b)  A comprehensive evaluation for physical health; mental

547

health; substance abuse; or academic, educational, or vocational

548

problems shall be ordered for any child for whom a residential

549

commitment disposition is anticipated or recommended by an

550

officer of the court or by the department. If a comprehensive

551

evaluation is ordered, the predisposition report shall include a

552

summary of the comprehensive evaluation.

553

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

554

the adjudicatory hearing, but for whom residential commitment is

555

anticipated or recommended, may be placed under a special

556

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

557

of conducting a comprehensive evaluation.

558

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

559

position to weigh all facts and circumstances to determine

560

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

561

determine the most appropriate restrictiveness level for a

562

juvenile committed to the department.

563

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

564

section 985.433, Florida Statutes, are amended to read:

565

     985.433  Disposition hearings in delinquency cases.--When a

566

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

567

following procedures shall be applicable to the disposition of

568

the case:

569

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

570

adjudicated as having committed a delinquent act and should be

571

committed to the department, such determination shall be in

572

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

573

include a specific finding of the reasons for the decision to

574

adjudicate and to commit the child to the department, including

575

any determination that the child was a member of a criminal

576

street gang.

577

     (a) The juvenile probation officer shall make a

578

recommendation to the court concerning placement and any proposed

579

treatment plan recommend to the court the most appropriate

580

placement and treatment plan, specifically identifying the

581

restrictiveness level most appropriate for the child. If the

582

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

583

street gang, that determination shall be given great weight in

584

identifying the most appropriate restrictiveness level for the

585

child. The court shall consider the department's recommendation

586

in making its commitment decision.

587

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

588

at the restrictiveness level identified by the department, or the

589

court may order placement at a different restrictiveness level.

590

The court may determine the disposition on the same factors as

591

the department considered in the department's predisposition

592

report and placement recommendation even if the court reaches a

593

different conclusion. The court may commit the child to a

594

different restrictiveness level than recommended by the

595

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

596

the disposition imposed that establish by a preponderance of the

597

evidence why the court is disregarding the assessment of the

598

child and the restrictiveness level recommended by the

599

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

600

in a modified level of restrictiveness under this paragraph. The

601

department shall maintain data to identify the extent to which

602

the courts agree with the department's recommendation.

603

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

604

Statutes, is amended to read:

605

     985.439  Violation of probation or postcommitment

606

probation.--

607

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

608

violating the conditions of probation or postcommitment probation

609

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

610

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

611

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

612

afforded a hearing within 24 hours after being taken into custody

613

to determine the existence of probable cause that the child

614

violated the conditions of probation or postcommitment probation.

615

A consequence unit is a secure facility specifically designated

616

by the department for children who are taken into custody under

617

s. 985.101 for violating probation or postcommitment probation,

618

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

619

conditions of probation or postcommitment probation. If the

620

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

621

detained under part V in a facility other than a consequence

622

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

623

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

624

unit pending a hearing and is subject to the time limitations

625

specified in part V.

626

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

627

read:

628

     938.20 County juvenile crime prevention fund.--

629

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

630

938.19 and 939.185, in each county the board of county

631

commissioners may adopt a mandatory court cost to be assessed in

632

specific cases by incorporating by reference the provisions of

633

this section in a county ordinance. Assessments collected by the

634

clerk of the circuit court under this section shall be deposited

635

into an account specifically for the administration of the

636

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

637

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

638

fund local programs whose principal focus is the prevention of

639

juvenile crime, the creation of consequence or suspension

640

centers, and truancy programs and such other areas of local

641

concern relating to juvenile crime.

642

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

643

the circuit court in the county against each juvenile who pleads

644

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

645

of adjudication, a violation of criminal law or municipal or

646

county ordinance.

647

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

648

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

649

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

650

the county.

651

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

652

assessments for court costs under this section and shall remit

653

the assessments to the county's juvenile crime prevention fund

654

monthly.

655

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

656

of the assessments collected, which shall be retained as fee

657

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

658

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

659

for all funds received and disbursed under this section in a

660

written report to the board of county commissioners of that

661

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

662

of each year unless a different date is required by the

663

commissioners.

664

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

665

administered by a nonprofit organization, a law enforcement

666

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

667

a county agency, or another similar agency authorized by the

668

board of county commissioners of that county.

669

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

670

Statutes, is amended to read:

671

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

672

electric weapons or devices by minor under 16; limitation;

673

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

674

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

675

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

676

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

677

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

678

offense during the commission of which the minor possessed a

679

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

680

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

681

be given a hearing within 24 hours after being taken into

682

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

683

continue to be held in secure detention in accordance with the

684

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

685

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

686

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

687

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

688

herself or the community. The Department of Juvenile Justice

689

shall prepare a form for all minors charged under this subsection

690

that states the period of detention and the relevant demographic

691

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

692

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

693

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

694

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

695

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

696

determining whether the minor should be continued in secure

697

detention under this subsection. An order placing a minor in

698

secure detention because the minor is a clear and present danger

699

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

700

specify the need for detention and the benefits derived by the

701

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

702

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

703

The Department of Juvenile Justice must send the form, including

704

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

705

the Office of Economic and Demographic Research.

706

     Section 18. The Legislature determines and declares that

707

this act fulfills an important state interest.

708

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

709

710

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

711

And the title is amended as follows:

712

     Delete everything before the enacting clause

713

and insert:

714

A bill to be entitled

715

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

716

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

717

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

718

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

719

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

720

costs associated with court-appointed counsel are

721

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

722

authorizing the court to set reasonable conditions of

723

preadjudicatory release; providing examples of such

724

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

725

to be taken into custody for violations of preadjudicatory

726

release conditions; providing that conditions of

727

preadjudicatory release may not be used to impose home

728

detention when not otherwise authorized; amending s.

729

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

730

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

731

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

732

detention care under a specified provision does not

733

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

734

providing additional grounds for placement of a child in

735

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

736

providing for continuing home or nonsecure or home

737

detention care or secure detention care prior to a

738

detention hearing in certain circumstances; amending s.

739

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

740

released comply with preadjudicatory release conditions;

741

providing that certain time limits do not apply to secure

742

detention under specified provisions; amending s. 985.265,

743

F.S.; specifying some changed circumstances that permit

744

the Department of Juvenile Justice to transfer a child

745

from home or nonsecure or home detention care to secure

746

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

747

circumstances under which a child who is awaiting

748

placement in a low-risk or minimum-risk residential

749

program may be held in secure detention care; providing

750

time limits on such detention care; providing for secure

751

detention care for absconders from specified types of

752

care; revising provisions for detention care of a child

753

awaiting placement in a moderate-risk residential program;

754

providing for secure detention care in specified

755

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

756

secure detention of a child in specified circumstances;

757

permitting a parent or legal guardian of a child to be

758

held in contempt of court if he or she knowingly and

759

willfully fails to bring or otherwise prevents the child

760

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

761

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

762

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

763

changes made by the act; providing a legislative

764

declaration concerning the determination whether to commit

765

a juvenile to the department and the most appropriate

766

placement level if the juvenile is committed; amending s.

767

985.433, F.S.; revising provisions relating to

768

recommendations by probation officers to the court

769

concerning placement and any proposed treatment plan of

770

juveniles; specifying that the court has the power to

771

determine appropriate dispositions; requiring that reasons

772

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

773

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

774

facility other than a consequence unit if one is not

775

available for a violation of probation or postcommitment

776

probation under specified provisions; creating s. 938.20,

777

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

778

prevention fund; providing for an additional court cost;

779

providing for administration and use of funds; amending s.

780

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

781

the act fulfills an important state interest; providing an

782

effective date.

4/4/2008  8:24:00 AM     CJ.CJ.06693