HB 1475

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 394.492,
3	F.S.; including children 9 years of age or younger at the
4	time of referral for a delinquent act within the
5	definition of those children who are eligible to receive
6	comprehensive mental health services; amending s. 435.04,
7	F.S., relating to level 2 screening standards; correcting
8	a cross-reference; amending s. 984.03, F.S.; expanding the
9	meaning of the term "child in need of services" to include
10	a child 9 years of age or younger at the time of referral
11	to the Department of Juvenile Justice; amending s. 985.02,
12	F.S.; providing additional legislative findings and
13	intent; amending s. 985.03, F.S.; redefining the term
14	"child in need of services" to provide that a child is
15	eligible to receive comprehensive services if the child is
16	9 years of age or younger at the time of referral to the
17	department; defining the term "ordinary medical care in
18	department facilities and programs"; amending s. 985.125,
19	F.S.; encouraging law enforcement agencies, school
20	districts, counties, municipalities, and the Department of
21	Juvenile Justice to establish prearrest or postarrest
22	diversion programs for first-time misdemeanor offenders
23	and offenders who are 9 years of age or younger; amending
24	s. 985.441, F.S.; providing that a court may commit a
25	female child adjudicated as delinquent to the department
26	for placement in a mother-infant program designed to serve
27	the needs of the juvenile mothers or expectant juvenile
28	mothers who are committed as delinquents; requiring the
29	department to adopt rules to govern the operation of the
30	mother-infant program; amending s. 985.601, F.S.;
31	requiring that the department adopt rules to ensure the
32	effective delivery of services to children in the care and
33	custody of the department; requiring the department to
34	coordinate its rule-adoption process with the Department
35	of Children and Family Services and the Agency for Persons
36	with Disabilities; amending s. 985.644, F.S.; deleting
37	authorization for the Department of Children and Family
38	Services to contract for certain services; eliminating the
39	exemption from background screening previously granted to
40	a volunteer who assists on an intermittent basis for less
41	than 40 hours per month in programs serving children if
42	the volunteer was under direct and constant supervision by
43	persons who meet the screening requirements; amending s.
44	985.66, F.S.; eliminating the Juvenile Justice Standards
45	and Training Commission; providing that the department
46	rather than the commission is responsible for delinquency
47	program staff development and training; detailing the
48	minimum qualifications for delinquency program staff of
49	the department and contract providers who deliver direct-
50	care services to children; defining the term "delinquency
51	program staff"; amending s. 985.48, F.S.; conforming a
52	provision to the termination of the Juvenile Justice
53	Standards and Training Commission; amending s. 985.721,
54	F.S.; conforming a cross-reference to changes made by the
55	act; providing an effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Paragraph (i) is added to subsection (4) of
60	section 394.492, Florida Statutes, to read:
61	394.492  Definitions.--As used in ss. 394.490-394.497, the
62	term:
63	(4)  "Child or adolescent at risk of emotional disturbance"
64	means a person under 18 years of age who has an increased
65	likelihood of becoming emotionally disturbed because of risk
66	factors that include, but are not limited to:
67	(i)  Being 9 years of age or younger at the time of
68	referral for a delinquent act.
69	Section 2.  Paragraph (b) of subsection (4) of section
70	435.04, Florida Statutes, is amended to read:
71	435.04  Level 2 screening standards.--
72	(4)  Standards must also ensure that the person:
73	(b)  Has not committed an act that constitutes domestic
74	violence as defined in s. 741.28 741.30.
75	Section 3.  Subsection (9) of section 984.03, Florida
76	Statutes, is amended to read:
77	984.03  Definitions.--When used in this chapter, the term:
78	(9)  "Child in need of services" means a child for whom
79	there is no pending investigation into an allegation or
80	suspicion of abuse, neglect, or abandonment; no pending referral
81	alleging that the child is delinquent, except if the child is 9
82	years of age or younger at the time of referral to the
83	department; or no current supervision by the department of
84	Juvenile Justice or the Department of Children and Family
85	Services for an adjudication of dependency or delinquency. The
86	child must also, pursuant to this chapter, be found by the
87	court:
88	(a)  To have persistently run away from the child's parents
89	or legal custodians despite reasonable efforts of the child, the
90	parents or legal custodians, and appropriate agencies to remedy
91	the conditions contributing to the behavior. Reasonable efforts
92	shall include voluntary participation by the child's parents or
93	legal custodians and the child in family mediation, services,
94	and treatment offered by the department of Juvenile Justice or
95	the Department of Children and Family Services;
96	(b)  To be habitually truant from school, while subject to
97	compulsory school attendance, despite reasonable efforts to
98	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
99	through voluntary participation by the child's parents or legal
100	custodians and by the child in family mediation, services, and
101	treatment offered by the department of Juvenile Justice or the
102	Department of Children and Family Services; or
103	(c)  To have persistently disobeyed the reasonable and
104	lawful demands of the child's parents or legal custodians, and
105	to be beyond their control despite efforts by the child's
106	parents or legal custodians and appropriate agencies to remedy
107	the conditions contributing to the behavior. Reasonable efforts
108	may include such things as good faith participation in family or
109	individual counseling; or.
110	(d)  To be 9 years of age or younger and have been referred
111	to the department for committing a delinquent act.
112	Section 4.  Subsection (9) is added to section 985.02,
113	Florida Statutes, to read:
114	985.02  Legislative intent for the juvenile justice
115	system.--
116	(9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
117	finds that very young children need age-appropriate services in
118	order to prevent and reduce future acts of delinquency. Children
119	who are 9 years of age or younger who have been determined by
120	the court to pose no danger to the community and are unlikely to
121	recidivate should be diverted into prearrest or postarrest
122	programs, civil citation programs, or children-in-need-of-
123	services and families-in-need-of-services programs, as
124	appropriate. If, following a needs assessment, the child is
125	found to be in need of mental health services or substance abuse
126	treatment services, the department shall cooperate with the
127	Department of Children and Family Services to provide the most
128	appropriate services for the child.
129	Section 5.  Subsection (7) of section 985.03, Florida
130	Statutes, is amended, present subsections (39) through (57) are
131	redesignated as subsections (40) through (58), respectively, and
132	a new subsection (39) is added to that section, to read:
133	985.03  Definitions.--As used in this chapter, the term:
134	(7)  "Child in need of services" means a child for whom
135	there is no pending investigation into an allegation or
136	suspicion of abuse, neglect, or abandonment; no pending referral
137	alleging that the child is delinquent, except if the child is 9
138	years of age or younger at the time of referral to the
139	department; or no current supervision by the department or the
140	Department of Children and Family Services for an adjudication
141	of dependency or delinquency. The child must also, under this
142	chapter, be found by the court:
143	(a)  To have persistently run away from the child's parents
144	or legal custodians despite reasonable efforts of the child, the
145	parents or legal custodians, and appropriate agencies to remedy
146	the conditions contributing to the behavior. Reasonable efforts
147	shall include voluntary participation by the child's parents or
148	legal custodians and the child in family mediation, services,
149	and treatment offered by the department or the Department of
150	Children and Family Services;
151	(b)  To be habitually truant from school, while subject to
152	compulsory school attendance, despite reasonable efforts to
153	remedy the situation under ss. 1003.26 and 1003.27 and through
154	voluntary participation by the child's parents or legal
155	custodians and by the child in family mediation, services, and
156	treatment offered by the department of Juvenile Justice or the
157	Department of Children and Family Services; or
158	(c)  To have persistently disobeyed the reasonable and
159	lawful demands of the child's parents or legal custodians, and
160	to be beyond their control despite efforts by the child's
161	parents or legal custodians and appropriate agencies to remedy
162	the conditions contributing to the behavior. Reasonable efforts
163	may include such things as good faith participation in family or
164	individual counseling; or.
165	(d)  To have been referred for a delinquent act at the age
166	of 9 years or younger.
167	(39)  "Ordinary medical care in department facilities and
168	programs" means medical procedures that are administered or
169	performed on a routine basis and include, but are not limited
170	to, inoculations, physical examinations, remedial treatment for
171	minor illnesses and injuries, preventive services, medication
172	management, chronic disease detection and treatment, and other
173	medical procedures that are administered or performed on a
174	routine basis and that do not involve hospitalization, surgery,
175	or use of general anesthesia.
176	Section 6.  Subsection (1) of section 985.125, Florida
177	Statutes, is amended to read:
178	985.125  Prearrest or postarrest diversion programs.--
179	(1)  A law enforcement agency, or school district, county,
180	municipality, or the department, in cooperation with the state
181	attorney, is encouraged to may establish a prearrest or
182	postarrest diversion programs for first-time misdemeanor
183	offenders and offenders who are 9 years of age or younger
184	program.
185	Section 7.  Paragraph (e) is added to subsection (1) of
186	section 985.441, Florida Statutes, to read:
187	985.441  Commitment.--
188	(1)  The court that has jurisdiction of an adjudicated
189	delinquent child may, by an order stating the facts upon which a
190	determination of a sanction and rehabilitative program was made
191	at the disposition hearing:
192	(e)  Commit the child to the department for placement in a
193	mother-infant program designed to serve the needs of the
194	juvenile mothers or expectant juvenile mothers who are committed
195	as delinquents. The department's mother-infant program must be
196	licensed as a child care facility in accordance with s. 402.308
197	and must provide the services and support necessary to enable
198	the committed juvenile mothers to provide for the needs of their
199	infants who, upon agreement of the mother, may accompany them in
200	the program. The department shall adopt rules to govern the
201	operation of such programs.
202	Section 8.  Subsection (2) of section 985.601, Florida
203	Statutes, is amended to read:
204	985.601  Administering the juvenile justice continuum.--
205	(2)(a)  The department shall develop and implement an
206	appropriate continuum of care that provides individualized,
207	multidisciplinary assessments, objective evaluations of relative
208	risks, and the matching of needs with placements for all
209	children under its care, and that uses a system of case
210	management to facilitate each child being appropriately
211	assessed, provided with services, and placed in a program that
212	meets the child's needs.
213	(b)  The department shall adopt rules to ensure the
214	effective delivery of services to children in the department's
215	care and custody. The rules must address the delivery of:
216	1.  Ordinary medical care in department facilities and
217	programs;
218	2.  Mental health services in department facilities and
219	programs;
220	3.  Substance abuse treatment services in department
221	facilities and programs; and
222	4.  Services to children with developmental disabilities in
223	department facilities and programs.
224
225	The department shall coordinate its rulemaking with the
226	Department of Children and Family Services and the Agency for
227	Persons with Disabilities to ensure that the rules adopted under
228	this section do not encroach upon the substantive jurisdiction
229	of those agencies. The department shall include the above-
230	mentioned entities in the rulemaking process, as appropriate.
231	Section 9.  Section 985.644, Florida Statutes, is amended
232	to read:
233	985.644  Departmental contracting powers; personnel
234	standards and screening.--
235	(1)  The department of Juvenile Justice or the Department
236	of Children and Family Services, as appropriate, may contract
237	with the Federal Government, other state departments and
238	agencies, county and municipal governments and agencies, public
239	and private agencies, and private individuals and corporations
240	in carrying out the purposes of, and the responsibilities
241	established in, this chapter.
242	(a)  When the department of Juvenile Justice or the
243	Department of Children and Family Services contracts with a
244	provider for any program for children, all personnel, including
245	owners, operators, employees, and volunteers, in the facility
246	must be of good moral character. Each contract entered into by
247	either department for services delivered on an appointment or
248	intermittent basis by a provider that does not have regular
249	custodial responsibility for children and each contract with a
250	school for before or aftercare services must ensure that the
251	owners, operators, and all personnel who have direct contact
252	with children are of good moral character. A volunteer who
253	assists on an intermittent basis for less than 40 hours per
254	month need not be screened if the volunteer is under direct and
255	constant supervision by persons who meet the screening
256	requirements.
257	(b)  The department of Juvenile Justice and the Department
258	of Children and Family Services shall require employment
259	screening pursuant to chapter 435, using the level 2 standards
260	set forth in that chapter for personnel in programs for children
261	or youths.
262	(c)  The department of Juvenile Justice or the Department
263	of Children and Family Services may grant exemptions from
264	disqualification from working with children as provided in s.
265	435.07.
266	(2)  The department may contract with the Federal
267	Government, other state departments and agencies, county and
268	municipal governments and agencies, public and private agencies,
269	and private individuals and corporations in carrying out the
270	purposes and the responsibilities of the delinquency services
271	and programs of the department.
272	(3)  The department shall adopt a rule pursuant to chapter
273	120 establishing a procedure to provide notice of policy changes
274	that affect contracted delinquency services and programs. A
275	policy is defined as an operational requirement that applies to
276	only the specified contracted delinquency service or program.
277	The procedure shall include:
278	(a)  Public notice of policy development.
279	(b)  Opportunity for public comment on the proposed policy.
280	(c)  Assessment for fiscal impact upon the department and
281	providers.
282	(d)  The department's response to comments received.
283	(4)  When the department contracts with a provider for any
284	delinquency service or program, all personnel, including all
285	owners, operators, employees, and volunteers in the facility or
286	providing the service or program shall be of good moral
287	character. A volunteer who assists on an intermittent basis for
288	less than 40 hours per month is not required to be screened if
289	the volunteer is under direct and constant supervision by
290	persons who meet the screening requirements.
291	(4)(5)(a)  For any person employed by the department, or by
292	a provider under contract with the department, in delinquency
293	facilities, services, or programs, the department shall require:
294	1.  A level 2 employment screening pursuant to chapter 435
295	prior to employment.
296	2.  A federal criminal records check by the Federal Bureau
297	of Investigation every 5 years following the date of the
298	person's employment.
299	(b)  Except for law enforcement, correctional, and
300	correctional probation officers, to whom s. 943.13(5) applies,
301	the department shall electronically submit to the Department of
302	Law Enforcement:
303	1.  Fingerprint information obtained during the employment
304	screening required by subparagraph (a)1.
305	2.  Beginning on December 15, 2005, Fingerprint information
306	for all persons employed by the department, or by a provider
307	under contract with the department, in delinquency facilities,
308	services, or programs if such fingerprint information has not
309	previously been electronically submitted to the Department of
310	Law Enforcement under this paragraph.
311	(c)  All fingerprint information electronically submitted
312	to the Department of Law Enforcement under paragraph (b) shall
313	be retained by the Department of Law Enforcement and entered
314	into the statewide automated fingerprint identification system
315	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
316	information shall be available for all purposes and uses
317	authorized for arrest fingerprint information entered into the
318	statewide automated fingerprint identification system pursuant
319	to s. 943.051 until the fingerprint information is removed
320	pursuant to paragraph (e). The Department of Law Enforcement
321	shall search all arrest fingerprint information received
322	pursuant to s. 943.051 against the fingerprint information
323	entered into the statewide automated fingerprint system pursuant
324	to this subsection. Any arrest records identified as a result of
325	the search shall be reported to the department in the manner and
326	timeframe established by the Department of Law Enforcement by
327	rule.
328	(d)  The department shall pay an annual fee to the
329	Department of Law Enforcement for its costs resulting from the
330	fingerprint information retention services required by this
331	subsection. The amount of the annual fee and procedures for the
332	submission and retention of fingerprint information and for the
333	dissemination of search results shall be established by the
334	Department of Law Enforcement by a rule that is applicable to
335	the department individually pursuant to this subsection or that
336	is applicable to the department and other employing agencies
337	pursuant to rulemaking authority otherwise provided by law.
338	(e)  The department shall notify the Department of Law
339	Enforcement when a person whose fingerprint information is
340	retained by the Department of Law Enforcement under this
341	subsection is no longer employed by the department, or by a
342	provider under contract with the department, in a delinquency
343	facility, service, or program. This notice shall be provided by
344	the department to the Department of Law Enforcement no later
345	than 6 months after the date of the change in the person's
346	employment status. Fingerprint information for persons
347	identified by the department in the notice shall be removed from
348	the statewide automated fingerprint system.
349	(5)(6)  The department may grant exemptions from
350	disqualification from working with children as provided in s.
351	435.07.
352	Section 10.  Section 985.66, Florida Statutes, is amended
353	to read:
354	985.66  Juvenile justice training academies; staff
355	development and training Juvenile Justice Standards and Training
356	Commission; Juvenile Justice Training Trust Fund.--
357	(1)  LEGISLATIVE PURPOSE.--In order to enable the state to
358	provide a systematic approach to staff development and training
359	for judges, state attorneys, public defenders, law enforcement
360	officers, school district personnel, and delinquency juvenile
361	justice program staff that will meet the needs of such persons
362	in their discharge of duties while at the same time meeting the
363	requirements for the American Correction Association
364	accreditation by the Commission on Accreditation for
365	Corrections, it is the purpose of the Legislature to require the
366	department to establish, maintain, and oversee the operation of
367	juvenile justice training academies in the state. The purpose of
368	the Legislature in establishing staff development and training
369	programs is to foster better staff morale and reduce
370	mistreatment and aggressive and abusive behavior in delinquency
371	programs; to positively impact the recidivism of children in the
372	juvenile justice system; and to afford greater protection of the
373	public through an improved level of services delivered by a
374	professionally trained delinquency juvenile justice program
375	staff to children who are alleged to be or who have been found
376	to be delinquent.
377	(2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
378	STANDARDS AND TRAINING COMMISSION.--
379	(a)  There is created under the Department of Juvenile
380	Justice the Juvenile Justice Standards and Training Commission,
381	hereinafter referred to as the commission. The 17-member
382	commission shall consist of the Attorney General or designee,
383	the Commissioner of Education or designee, a member of the
384	juvenile court judiciary to be appointed by the Chief Justice of
385	the Supreme Court, and 14 members to be appointed by the
386	Secretary of Juvenile Justice as follows:
387	1.  Seven members shall be juvenile justice professionals:
388	a superintendent or a direct care staff member from an
389	institution; a director from a contracted community-based
390	program; a superintendent and a direct care staff member from a
391	regional detention center or facility; a juvenile probation
392	officer supervisor and a juvenile probation officer; and a
393	director of a day treatment or conditional release program. No
394	fewer than three of these members shall be contract providers.
395	2.  Two members shall be representatives of local law
396	enforcement agencies.
397	3.  One member shall be an educator from the state's
398	university and community college program of criminology,
399	criminal justice administration, social work, psychology,
400	sociology, or other field of study pertinent to the training of
401	juvenile justice program staff.
402	4.  One member shall be a member of the public.
403	5.  One member shall be a state attorney, or assistant
404	state attorney, who has juvenile court experience.
405	6.  One member shall be a public defender, or assistant
406	public defender, who has juvenile court experience.
407	7.  One member shall be a representative of the business
408	community.
409
410	All appointed members shall be appointed to serve terms of 2
411	years.
412	(b)  The composition of the commission shall be broadly
413	reflective of the public and shall include minorities and women.
414	The term "minorities" as used in this paragraph means a member
415	of a socially or economically disadvantaged group that includes
416	blacks, Hispanics, and American Indians.
417	(c)  The Department of Juvenile Justice shall provide the
418	commission with staff necessary to assist the commission in the
419	performance of its duties.
420	(d)  The commission shall annually elect its chairperson
421	and other officers. The commission shall hold at least four
422	regular meetings each year at the call of the chairperson or
423	upon the written request of three members of the commission. A
424	majority of the members of the commission constitutes a quorum.
425	Members of the commission shall serve without compensation but
426	are entitled to be reimbursed for per diem and travel expenses
427	as provided by s. 112.061 and these expenses shall be paid from
428	the Juvenile Justice Training Trust Fund.
429	(e)  The department powers, duties, and functions of the
430	commission shall be to:
431	(a)1.  Designate the location of the training academies;
432	develop, implement, maintain, and update the curriculum to be
433	used in the training of delinquency juvenile justice program
434	staff; establish timeframes for participation in and completion
435	of training by delinquency juvenile justice program staff;
436	develop, implement, maintain, and update job-related
437	examinations; develop, implement, and update the types and
438	frequencies of evaluations of the training academies; approve,
439	modify, or disapprove the budget for the training academies, and
440	the contractor to be selected to organize and operate the
441	training academies and to provide the training curriculum.
442	(b)2.  Establish uniform minimum job-related training
443	courses and examinations for delinquency juvenile justice
444	program staff.
445	(c)3.  Consult and cooperate with the state or any
446	political subdivision; any private entity or contractor; and
447	with private and public universities, colleges, community
448	colleges, and other educational institutions concerning the
449	development of juvenile justice training and programs or courses
450	of instruction, including, but not limited to, education and
451	training in the areas of juvenile justice.
452	(d)4.  Enter into With the approval of the department, make
453	and enter into such contracts and agreements with other
454	agencies, organizations, associations, corporations,
455	individuals, or federal agencies as the commission determines
456	are necessary in the execution of the its powers of the
457	department or the performance of its duties.
458	5.  Make recommendations to the Department of Juvenile
459	Justice concerning any matter within the purview of this
460	section.
461	(3)  JUVENILE JUSTICE TRAINING PROGRAM.--The department
462	commission shall establish a certifiable program for juvenile
463	justice training pursuant to this section, and all delinquency
464	department program staff and providers who deliver direct care
465	services pursuant to contract with the department shall be
466	required to participate in and successfully complete the
467	department-approved commission-approved program of training
468	pertinent to their areas of responsibility. Judges, state
469	attorneys, and public defenders, law enforcement officers, and
470	school district personnel may participate in such training
471	program. For the delinquency juvenile justice program staff, the
472	department commission shall, based on a job-task analysis:
473	(a)  Design, implement, maintain, evaluate, and revise a
474	basic training program, including a competency-based
475	examination, for the purpose of providing minimum employment
476	training qualifications for all delinquency program staff
477	juvenile justice personnel. All program staff of the department
478	and providers who deliver direct-care services who are hired
479	after October 1, 1999, must meet the following minimum
480	requirements:
481	1.  Be at least 19 years of age.
482	2.  Be a high school graduate or its equivalent as
483	determined by the department commission.
484	3.  Not have been convicted of any felony or a misdemeanor
485	involving perjury or a false statement, or have received a
486	dishonorable discharge from any of the Armed Forces of the
487	United States. Any person who, after September 30, 1999, pleads
488	guilty or nolo contendere to or is found guilty of any felony or
489	a misdemeanor involving perjury or false statement is not
490	eligible for employment, notwithstanding suspension of sentence
491	or withholding of adjudication. Notwithstanding this
492	subparagraph, any person who pled nolo contendere to a
493	misdemeanor involving a false statement before October 1, 1999,
494	and who has had such record of that plea sealed or expunged is
495	not ineligible for employment for that reason.
496	4.  Abide by all the provisions of s. 985.644(1) regarding
497	fingerprinting and background investigations and other screening
498	requirements for personnel.
499	5.  Execute and submit to the department an affidavit-of-
500	application form, adopted by the department, attesting to his or
501	her compliance with subparagraphs 1.-4. The affidavit must be
502	executed under oath and constitutes an official statement under
503	s. 837.06. The affidavit must include conspicuous language that
504	the intentional false execution of the affidavit constitutes a
505	misdemeanor of the second degree. The employing agency shall
506	retain the affidavit.
507	(b)  Design, implement, maintain, evaluate, and revise an
508	advanced training program, including a competency-based
509	examination for each training course, which is intended to
510	enhance knowledge, skills, and abilities related to job
511	performance.
512	(c)  Design, implement, maintain, evaluate, and revise a
513	career development training program, including a competency-
514	based examination for each training course. Career development
515	courses are intended to prepare personnel for promotion.
516	(d)  The department commission is encouraged to design,
517	implement, maintain, evaluate, and revise juvenile justice
518	training courses, or to enter into contracts for such training
519	courses, that are intended to provide for the safety and well-
520	being of both citizens and juvenile offenders.
521	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.--
522	(a)  There is created within the State Treasury a Juvenile
523	Justice Training Trust Fund to be used by the Department of
524	Juvenile Justice for the purpose of funding the development and
525	updating of a job-task analysis of delinquency program staff
526	juvenile justice personnel; the development, implementation, and
527	updating of job-related training courses and examinations; and
528	the cost of commission-approved juvenile justice training
529	courses; and reimbursement for expenses as provided in s.
530	112.061 for members of the commission and staff.
531	(b)  One dollar from every noncriminal traffic infraction
532	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
533	deposited into the Juvenile Justice Training Trust Fund.
534	(c)  In addition to the funds generated by paragraph (b),
535	the trust fund may receive funds from any other public or
536	private source.
537	(d)  Funds that are not expended by the end of the budget
538	cycle or through a supplemental budget approved by the
539	department shall revert to the trust fund.
540	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING
541	ACADEMIES.--The number, location, and establishment of juvenile
542	justice training academies shall be determined by the department
543	commission.
544	(6)  SCHOLARSHIPS AND STIPENDS.--
545	(a)  By rule, the department commission shall establish
546	criteria to award scholarships or stipends to qualified
547	delinquency program staff juvenile justice personnel who are
548	residents of the state who want to pursue a bachelor's or
549	associate in arts degree in juvenile justice or a related field.
550	The department shall handle the administration of the
551	scholarship or stipend. The Department of Education shall handle
552	the notes issued for the payment of the scholarships or
553	stipends. All scholarship and stipend awards shall be paid from
554	the Juvenile Justice Training Trust Fund upon vouchers approved
555	by the Department of Education and properly certified by the
556	Chief Financial Officer. Prior to the award of a scholarship or
557	stipend, the delinquency program staff juvenile justice employee
558	must agree in writing to practice her or his profession in
559	juvenile justice or a related field for 1 month for each month
560	of grant or to repay the full amount of the scholarship or
561	stipend together with interest at the rate of 5 percent per
562	annum over a period not to exceed 10 years. Repayment shall be
563	made payable to the state for deposit into the Juvenile Justice
564	Training Trust Fund.
565	(b)  The department commission may establish the
566	scholarship program by rule and implement the program on or
567	after July 1, 1996.
568	(7)  ADOPTION OF RULES.--The department commission shall
569	adopt rules as necessary to administer carry out the provisions
570	of this section.
571	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
572	MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of
573	Risk Management of the Department of Financial Services is
574	authorized to insure a private agency, individual, or
575	corporation operating a state-owned training school under a
576	contract to carry out the purposes and responsibilities of any
577	program of the department. The coverage authorized herein shall
578	be under the same general terms and conditions as the department
579	is insured for its responsibilities under chapter 284.
580	(9)  DELINQUENCY PROGRAM STAFF DEFINED.--As used in this
581	section, the term "delinquency program staff" means supervisory
582	and direct care staff of a delinquency program as well as
583	support staff who have direct contact with children in a
584	delinquency program that is owned and operated by the
585	department. The Juvenile Justice Standards and Training
586	Commission is terminated on June 30, 2001, and such termination
587	shall be reviewed by the Legislature prior to that date.
588	Section 11.  Subsection (8) of section 985.48, Florida
589	Statutes, is amended to read:
590	985.48  Juvenile sexual offender commitment programs;
591	sexual abuse intervention networks.--
592	(8)  The department Juvenile Justice Standards and Training
593	Commission shall establish criteria for training all contract
594	and department staff or provide a special training program for
595	contract and department staff to effectively manage and provide
596	services and treatment to a juvenile sexual offender in a
597	juvenile sexual offender program.
598	Section 12.  Subsection (2) of section 985.721, Florida
599	Statutes, is amended to read:
600	985.721  Escapes from secure detention or residential
601	commitment facility.--An escape from:
602	(2)  Any residential commitment facility described in s.
603	985.03(45)(44), maintained for the custody, treatment,
604	punishment, or rehabilitation of children found to have
605	committed delinquent acts or violations of law; or
606
607	constitutes escape within the intent and meaning of s. 944.40
608	and is a felony of the third degree, punishable as provided in
609	s. 775.082, s. 775.083, or s. 775.084.
610	Section 13.  This act shall take effect July 1, 2009.

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