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A bill to be entitled

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

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

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

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

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

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costs associated with court-appointed counsel are

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

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authorizing the court to set reasonable conditions of

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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; providing that conditions of

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preadjudicatory release may not be used to impose home

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detention when not otherwise authorized; amending s.

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

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

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

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detention care under a specified provision does not

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

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providing additional grounds for placement of a child in

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

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providing for continuing home or nonsecure or home

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detention care or secure detention care prior to a

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detention hearing in certain circumstances; amending s.

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

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released comply with preadjudicatory release conditions;

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providing that certain time limits do not apply to secure

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detention under specified provisions; amending s. 985.265,

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F.S.; specifying some changed circumstances that permit

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the Department of Juvenile Justice to transfer a child

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from home or nonsecure or home detention care to secure

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detention care; 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; providing for secure

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detention care for absconders from specified types of

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care; revising provisions for detention care of a child

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awaiting placement in a moderate-risk residential program;

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providing for secure detention care in specified

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

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secure detention of a child in specified circumstances;

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permitting a parent or legal guardian of a child to be

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held in contempt of court if he or she knowingly and

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willfully fails to bring or otherwise prevents the child

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

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

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

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changes made by the act; providing a legislative

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declaration concerning the determination whether to commit

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a juvenile to the department and the most appropriate

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placement level if the juvenile is committed; amending s.

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985.433, F.S.; revising provisions relating to

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recommendations by probation officers to the court

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concerning placement and any proposed treatment plan of

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juveniles; specifying that the court has the power to

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determine appropriate dispositions; requiring that reasons

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

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

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facility other than a consequence unit if one is not

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available for a violation of probation or postcommitment

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probation under specified provisions; creating s. 938.20,

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F.S.; 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; amending s.

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

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the act fulfills an important state interest; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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)

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

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indicated by the results of the risk assessment instrument, the

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

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such placement.

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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

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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) The time limits required under this section do not

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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

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

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delinquency is filed, the child shall be arraigned in accordance

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with the Florida Rules of Juvenile Procedure within 48 hours

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after the filing of the petition for delinquency.

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

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Statutes, is amended to read:

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     985.265  Detention transfer and release; education; adult

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jails.--

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     (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

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warrant such transfer. Such circumstances include, but are not

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necessarily limited to:

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     (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

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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

399

a residential facility.

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

401

Statutes, is amended to read:

402

     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,

410

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 15 5 days,

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excluding Saturdays, Sundays, and legal holidays, in secure

421

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, home

424

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

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secure detention care must meet detention admission criteria

426

under this part.

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

428

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

429

while awaiting placement in a moderate-risk residential facility,

430

except that any child shall be held in secure detention care

431

until placed in a residential facility if:

432

     a. The child is alleged to have absconded from home

433

detention care or nonsecure detention care or otherwise violated

434

the terms of release or electronic monitoring; or

435

     b. Probable cause exists that a child committed a new

436

violation of law while on home detention care, nonsecure

437

detention care, or electronic monitoring and the child is

438

awaiting placement in a residential program. A child who is

439

awaiting placement in a moderate-risk residential program must be

440

removed from detention within 5 days, excluding Saturdays,

441

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

442

during the 5 days must meet detention admission criteria under

443

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

444

authorizing continued detention for a specific period of time

445

necessary for the appropriate residential placement of the child.

446

However, such continued detention in secure detention care may

447

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

448

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

449

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

450

care, nonsecure detention care, or home or nonsecure detention

451

care with electronic monitoring, while awaiting placement in a

452

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

453

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

454

care, the nonsecure detention care, or the electronic monitoring

455

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

456

additional 5 days in secure detention 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

459

placement or commitment is accomplished.

460

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

461

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

462

placement or commitment is accomplished.

463

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

464

read:

465

     985.28 Appearance in court; preadjudicatory detention;

466

contempt.--

467

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

468

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

469

child refuses to appear, runs away, or otherwise intentionally

470

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

471

secure detention care until the trial concludes, regardless of

472

the results of the risk assessment instrument.

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

474

noticed, who knowingly and willfully fails to bring or otherwise

475

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

476

of court.

477

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

478

Statutes, is amended to read:

479

     985.35  Adjudicatory hearings; withheld adjudications;

480

orders of adjudication.--

481

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

482

practicable after the petition alleging that a child has

483

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

484

accordance with the Florida Rules of Juvenile Procedure; but

485

reasonable delay for the purpose of investigation, discovery, or

486

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

487

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

488

apply.

489

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

490

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

491

to that section, to read:

492

     985.43  Predisposition reports; other evaluations.--

493

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

494

delinquent act:

495

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

496

the adjudicatory hearing, but for whom residential commitment is

497

anticipated or recommended, may be placed under a special

498

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

499

of conducting a comprehensive evaluation.

500

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

501

position to weigh all facts and circumstances to determine

502

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

503

determine the most appropriate restrictiveness level for a

504

juvenile committed to the department.

505

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

506

section 985.433, Florida Statutes, are amended to read:

507

     985.433  Disposition hearings in delinquency cases.--When a

508

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

509

following procedures shall be applicable to the disposition of

510

the case:

511

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

512

adjudicated as having committed a delinquent act and should be

513

committed to the department, such determination shall be in

514

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

515

include a specific finding of the reasons for the decision to

516

adjudicate and to commit the child to the department, including

517

any determination that the child was a member of a criminal

518

street gang.

519

     (a) The juvenile probation officer shall make a

520

recommendation to the court concerning placement and any proposed

521

treatment plan recommend to the court the most appropriate

522

placement and treatment plan, specifically identifying the

523

restrictiveness level most appropriate for the child. If the

524

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

525

street gang, that determination shall be given great weight in

526

identifying the most appropriate restrictiveness level for the

527

child. The court shall consider the department's recommendation

528

in making its commitment decision.

529

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

530

at the restrictiveness level identified by the department, or the

531

court may order placement at a different restrictiveness level.

532

The court may determine the disposition on the same factors as

533

the department considered in the department's predisposition

534

report and placement recommendation even if the court reaches a

535

different conclusion. The court may commit the child to a

536

different restrictiveness level than recommended by the

537

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

538

the disposition imposed that establish by a preponderance of the

539

evidence why the court is disregarding the assessment of the

540

child and the restrictiveness level recommended by the

541

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

542

in a modified level of restrictiveness under this paragraph. The

543

department shall maintain data to identify the extent to which

544

the courts agree with the department's recommendation.

545

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

546

Statutes, is amended to read:

547

     985.439  Violation of probation or postcommitment

548

probation.--

549

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

550

violating the conditions of probation or postcommitment probation

551

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

552

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

553

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

554

afforded a hearing within 24 hours after being taken into custody

555

to determine the existence of probable cause that the child

556

violated the conditions of probation or postcommitment probation.

557

A consequence unit is a secure facility specifically designated

558

by the department for children who are taken into custody under

559

s. 985.101 for violating probation or postcommitment probation,

560

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

561

conditions of probation or postcommitment probation. If the

562

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

563

detained under part V in a facility other than a consequence

564

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

565

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

566

unit pending a hearing and is subject to the time limitations

567

specified in part V.

568

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

569

read:

570

     938.20 County juvenile crime prevention fund.--

571

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

572

938.19 and 939.185, in each county the board of county

573

commissioners may adopt a mandatory court cost to be assessed in

574

specific cases by incorporating by reference the provisions of

575

this section in a county ordinance. Assessments collected by the

576

clerk of the circuit court under this section shall be deposited

577

into an account specifically for the administration of the

578

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

579

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

580

fund local programs whose principal focus is the prevention of

581

juvenile crime, the creation of consequence or suspension

582

centers, and truancy programs and other areas of local concern

583

relating to juvenile crime.

584

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

585

the circuit court in the county against each juvenile who pleads

586

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

587

of adjudication, a violation of criminal law or municipal or

588

county ordinance.

589

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

590

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

591

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

592

the county.

593

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

594

assessments for court costs under this section and shall remit

595

the assessments to the county's juvenile crime prevention fund

596

monthly.

597

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

598

of the assessments collected, which shall be retained as fee

599

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

600

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

601

for all funds received and disbursed under this section in a

602

written report to the board of county commissioners of that

603

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

604

of each year unless a different date is required by the

605

commissioners.

606

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

607

administered by a nonprofit organization, a law enforcement

608

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

609

a county agency, or another similar agency authorized by the

610

board of county commissioners of that county.

611

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

612

Statutes, is amended to read:

613

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

614

electric weapons or devices by minor under 16; limitation;

615

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

616

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

617

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

618

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

619

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

620

offense during the commission of which the minor possessed a

621

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

622

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

623

be given a hearing within 24 hours after being taken into

624

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

625

continue to be held in secure detention in accordance with the

626

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

627

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

628

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

629

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

630

herself or the community. The Department of Juvenile Justice

631

shall prepare a form for all minors charged under this subsection

632

that states the period of detention and the relevant demographic

633

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

634

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

635

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

636

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

637

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

638

determining whether the minor should be continued in secure

639

detention under this subsection. An order placing a minor in

640

secure detention because the minor is a clear and present danger

641

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

642

specify the need for detention and the benefits derived by the

643

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

644

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

645

The Department of Juvenile Justice must send the form, including

646

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

647

the Office of Economic and Demographic Research.

648

     Section 18. The Legislature determines and declares that

649

this act fulfills an important state interest.

650

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