CS/CS/HB 173

1
A bill to be entitled
2An act relating to juvenile justice; creating s. 985.031,
3F.S.; authorizing the court to set reasonable conditions
4of preadjudicatory release for children charged with
5specified acts or who have previously been charged with or
6committed delinquent acts; providing examples of such
7conditions; amending s. 985.101, F.S.; permitting a child
8to be taken into custody for violations of preadjudicatory
9release conditions; providing that a child taken into
10custody for a violation of preadjudicatory release
11conditions must appear before a judge within 24 hours;
12providing that conditions of preadjudicatory release may
13not be used to impose home detention when not otherwise
14authorized; amending s. 985.24, F.S.; providing an
15additional finding to support the use of secure,
16nonsecure, or home detention care; amending s. 985.245,
17F.S.; providing that placement in detention care under a
18specified provision does not require a risk assessment;
19amending s. 985.25, F.S.; providing additional grounds for
20placement of a child in secure detention care; amending s.
21985.255, F.S.; providing for continuing home or nonsecure
22or home detention care or secure detention care prior to a
23detention hearing in certain circumstances; amending s.
24985.26, F.S.; requiring that children who have been
25released comply with preadjudicatory release conditions;
26providing that certain time limits do not apply to secure
27detention under specified provisions; amending s. 985.265,
28F.S.; specifying some changed circumstances that permit
29the Department of Juvenile Justice to transfer a child
30from home or nonsecure or home detention care to secure
31detention care; amending s. 985.27, F.S.; specifying
32circumstances under which a child who is awaiting
33placement in a low-risk or minimum-risk residential
34program may be held in secure detention care; providing
35time limits on such detention care; providing for secure
36detention care for absconders from specified types of
37care; revising provisions for detention care of a child
38awaiting placement in a moderate-risk residential program;
39providing for secure detention care in specified
40circumstances; creating s. 985.28, F.S.; providing for
41secure detention of a child in specified circumstances;
42permitting a parent or legal guardian of a child to be
43held in contempt of court if he or she knowingly and
44willfully fails to bring or otherwise prevents the child
45from appearing for trial; amending s. 985.35, F.S.;
46conforming a cross-reference to changes made by the act;
47amending s. 985.43, F.S.; conforming a cross-reference to
48changes made by the act; providing a legislative
49declaration concerning the determination whether to commit
50a juvenile to the department and the most appropriate
51placement level if the juvenile is committed; amending s.
52985.433, F.S.; revising provisions relating to
53recommendations by probation officers to the court
54concerning placement and any proposed treatment plan of
55juveniles; specifying that the court has the power to
56determine appropriate dispositions; requiring that reasons
57for a disposition be stated for the record; amending s.
58985.439, F.S.; permitting a child to be detained in a
59facility other than a consequence unit if one is not
60available for a violation of probation or postcommitment
61probation under specified provisions; creating s. 938.20,
62F.S.; permitting each county to create a juvenile crime
63prevention fund; providing for an additional court cost;
64providing that no juvenile shall be assessed the
65additional court cost if the juvenile and the juvenile's
66parents or other legal guardian are found to be indigent;
67providing for administration and use of funds; amending s.
68790.22, F.S.; conforming a cross-reference; providing that
69the act fulfills an important state interest; providing
70legislative intent; providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Section 985.031, Florida Statutes, is created
75to read:
76     985.031  Preadjudicatory release; circuit court
77authority.--The circuit court shall have the authority to set
78reasonable conditions of preadjudicatory release for a child
79charged with the commission of a delinquent act which
80constitutes a felony or when the child has previously been
81charged with or found to have committed, regardless of
82adjudication, a delinquent act. The child shall comply with all
83such preadjudicatory release conditions prior to an adjudicatory
84hearing. Reasonable conditions of preadjudicatory release may
85include, but are not limited to, the following:
86     (1)  The child shall not engage in a violation of law.
87     (2)  The child shall not possess or carry any weapon.
88     (3)  The child shall not possess or use any alcoholic
89beverage or illegal drug or associate with those who are
90currently possessing or using any alcoholic beverage or illegal
91drug.
92     (4)  The child shall obey all reasonable household rules.
93     (5)  The child shall attend school regularly, including all
94classes.
95     (6)  The child shall abide by the curfew set by his or her
96parents or guardians, or as set by the court.
97     (7)  The child shall have no contact with any codefendants,
98an alleged victim, or the family of any alleged victim.
99     (8)  The child shall not return to the scene of the alleged
100crime, unless approved by the court.
101     Section 2.  Paragraph (d) of subsection (1) of section
102985.101, Florida Statutes, is amended, and subsection (5) is
103added to that section, to read:
104     985.101  Taking a child into custody; preadjudicatory
105release conditions.--
106     (1)  A child may be taken into custody under the following
107circumstances:
108     (d)  By a law enforcement officer who has probable cause to
109believe that the child is in violation of the conditions of the
110child's preadjudicatory release, conditions of the child's
111probation, home detention, postcommitment probation, or
112conditional release supervision; has absconded from
113nonresidential commitment; or has escaped from residential
114commitment.
115
116Nothing in this subsection shall be construed to allow the
117detention of a child who does not meet the detention criteria in
118part V.
119     (5)  If a child is taken into custody under paragraph
120(1)(d) for a violation of the conditions of preadjudicatory
121release, the child must appear before a judge within 24 hours.
122     Section 3.  Subsection (1) of section 985.24, Florida
123Statutes, is amended to read:
124     985.24  Use of detention; prohibitions.--
125     (1)  All determinations and court orders regarding the use
126of secure, nonsecure, or home detention care shall be based
127primarily upon findings that the child:
128     (a)  Presents a substantial risk of not appearing at a
129subsequent hearing;
130     (b)  Presents a substantial risk of inflicting bodily harm
131on others as evidenced by recent behavior;
132     (c)  Presents a history of committing a property offense
133prior to adjudication, disposition, or placement;
134     (d)  Has been adjudicated delinquent and committed to the
135department in a residential facility, but is on home or
136nonsecure detention care while awaiting placement, and:
137     1.  Absconds from home or nonsecure detention care or
138otherwise violates the terms of release; or
139     2.  There is probable cause to believe that the child has
140committed a new violation of law;
141     (e)(d)  Has committed contempt of court by:
142     1.  Intentionally disrupting the administration of the
143court;
144     2.  Intentionally disobeying a court order; or
145     3.  Engaging in a punishable act or speech in the court's
146presence which shows disrespect for the authority and dignity of
147the court; or
148     (f)(e)  Requests protection from imminent bodily harm.
149     Section 4.  Subsection (1) of section 985.245, Florida
150Statutes, is amended to read:
151     985.245  Risk assessment instrument.--
152     (1)  All determinations and court orders regarding
153placement of a child into detention care shall comply with all
154requirements and criteria provided in this part and shall be
155based on a risk assessment of the child, unless the child is
156placed into detention care as provided in s. 985.255(2) or s.
157985.28.
158     Section 5.  Paragraph (b) of subsection (1) of section
159985.25, Florida Statutes, is amended to read:
160     985.25  Detention intake.--
161     (1)  The juvenile probation officer shall receive custody
162of a child who has been taken into custody from the law
163enforcement agency and shall review the facts in the law
164enforcement report or probable cause affidavit and make such
165further inquiry as may be necessary to determine whether
166detention care is required.
167     (b)  The juvenile probation officer shall base the decision
168whether or not to place the child into secure detention care,
169home detention care, or nonsecure detention care on an
170assessment of risk in accordance with the risk assessment
171instrument and procedures developed by the department under s.
172985.245. However, a child shall be placed in secure detention
173care if:
174     1.  The child is charged with possessing or discharging a
175firearm on school property in violation of s. 790.115;
176     2.  The child is alleged to have absconded from home or
177nonsecure detention care or the child otherwise violates the
178terms of release after adjudication and commitment to the
179department but before placement in a residential facility; or
180     3.  There is probable cause to believe the child has
181committed a new violation of law while on home or nonsecure
182detention care after adjudication and commitment but before
183placement in a residential facility shall be placed in secure
184detention care.
185
186Under no circumstances shall the juvenile probation officer or
187the state attorney or law enforcement officer authorize the
188detention of any child in a jail or other facility intended or
189used for the detention of adults, without an order of the court.
190     Section 6.  Subsections (1) and (3) of section 985.255,
191Florida Statutes, are amended to read:
192     985.255  Detention criteria; detention hearing.--
193     (1)  Subject to s. 985.25(1), a child taken into custody
194and placed into nonsecure or home detention care or detained in
195secure detention care prior to a detention hearing may continue
196to be detained by the court if:
197     (a)  The child is alleged to have absconded from home or
198nonsecure detention care or otherwise violates the terms of
199release after adjudication and commitment but while awaiting
200placement in a residential facility.
201     (b)  There is probable cause to believe the child has
202committed a new violation of law while on home or nonsecure
203detention care after adjudication and commitment but while
204awaiting placement in a residential facility.
205     (c)(a)  The child is alleged to be an escapee from a
206residential commitment program; or an absconder from a
207nonresidential commitment program, a probation program, or
208conditional release supervision; or is alleged to have escaped
209while being lawfully transported to or from a residential
210commitment program.
211     (d)(b)  The child is wanted in another jurisdiction for an
212offense which, if committed by an adult, would be a felony.
213     (e)(c)  The child is charged with a delinquent act or
214violation of law and requests in writing through legal counsel
215to be detained for protection from an imminent physical threat
216to his or her personal safety.
217     (f)(d)  The child is charged with committing an offense of
218domestic violence as defined in s. 741.28 and is detained as
219provided in subsection (2).
220     (g)(e)  The child is charged with possession or discharging
221a firearm on school property in violation of s. 790.115.
222     (h)(f)  The child is charged with a capital felony, a life
223felony, a felony of the first degree, a felony of the second
224degree that does not involve a violation of chapter 893, or a
225felony of the third degree that is also a crime of violence,
226including any such offense involving the use or possession of a
227firearm.
228     (i)(g)  The child is charged with any second degree or
229third degree felony involving a violation of chapter 893 or any
230third degree felony that is not also a crime of violence, and
231the child:
232     1.  Has a record of failure to appear at court hearings
233after being properly notified in accordance with the Rules of
234Juvenile Procedure;
235     2.  Has a record of law violations prior to court hearings;
236     3.  Has already been detained or has been released and is
237awaiting final disposition of the case;
238     4.  Has a record of violent conduct resulting in physical
239injury to others; or
240     5.  Is found to have been in possession of a firearm.
241     (j)(h)  The child is alleged to have violated the
242conditions of the child's probation or conditional release
243supervision. However, a child detained under this paragraph may
244be held only in a consequence unit as provided in s. 985.439. If
245a consequence unit is not available, the child may be placed in
246secure detention care, home detention care, or home detention
247care with electronic monitoring shall be placed on home
248detention with electronic monitoring.
249     (k)(i)  The child is detained on a judicial order for
250failure to appear and has previously willfully failed to appear,
251after proper notice, for an adjudicatory hearing on the same
252case regardless of the results of the risk assessment
253instrument. A child may be held in secure detention for up to 72
254hours in advance of the next scheduled court hearing pursuant to
255this paragraph. The child's failure to keep the clerk of court
256and defense counsel informed of a current and valid mailing
257address where the child will receive notice to appear at court
258proceedings does not provide an adequate ground for excusal of
259the child's nonappearance at the hearings.
260     (l)(j)  The child is detained on a judicial order for
261failure to appear and has previously willfully failed to appear,
262after proper notice, at two or more court hearings of any nature
263on the same case regardless of the results of the risk
264assessment instrument. A child may be held in secure detention
265for up to 72 hours in advance of the next scheduled court
266hearing pursuant to this paragraph. The child's failure to keep
267the clerk of court and defense counsel informed of a current and
268valid mailing address where the child will receive notice to
269appear at court proceedings does not provide an adequate ground
270for excusal of the child's nonappearance at the hearings.
271     (3)(a)  A child who meets any of the criteria in subsection
272(1) and who is ordered to be detained under that subsection
273shall be given a hearing within 24 hours after being taken into
274custody. The purpose of the detention hearing is to determine
275the existence of probable cause that the child has committed the
276delinquent act or violation of law that he or she is charged
277with and the need for continued detention. Unless a child is
278detained under paragraph (1)(a), paragraph (1)(b), paragraph
279(1)(f)(d), or paragraph (1)(g)(e), the court shall use the
280results of the risk assessment performed by the juvenile
281probation officer and, based on the criteria in subsection (1),
282shall determine the need for continued detention. A child placed
283into secure, nonsecure, or home detention care may continue to
284be so detained by the court. A child detained under paragraph
285(1)(a) or paragraph (1)(b) may be placed into secure detention
286care pending placement in a residential facility.
287     (c)  Except as provided in paragraph (1)(a), paragraph
288(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
289into secure or nonsecure detention care, or into a respite home
290or other placement pursuant to a court order following a
291hearing, the court order must include specific instructions that
292direct the release of the child from such placement no later
293than 5 p.m. on the last day of the detention period specified in
294s. 985.26 or s. 985.27, whichever is applicable, unless the
295requirements of such applicable provision have been met or an
296order of continuance has been granted under s. 985.26(4).
297     Section 7.  Section 985.26, Florida Statutes, is amended to
298read:
299     985.26  Length of detention.--
300     (1)  A child may not be placed into or held in secure,
301nonsecure, or home detention care for longer than 24 hours
302unless the court orders such detention care, and the order
303includes specific instructions that direct the release of the
304child from such detention care, in accordance with s. 985.255.
305The order shall be a final order, reviewable by appeal under s.
306985.534 and the Florida Rules of Appellate Procedure. Appeals of
307such orders shall take precedence over other appeals and other
308pending matters.
309     (2)  A child may not be held in secure, nonsecure, or home
310detention care under a special detention order for more than 21
311days unless an adjudicatory hearing for the case has been
312commenced in good faith by the court. However, upon good cause
313being shown that the nature of the charge requires additional
314time for the prosecution or defense of the case, the court may
315extend the length of detention for an additional 9 days if the
316child is charged with an offense that would be, if committed by
317an adult, a capital felony, a life felony, a felony of the first
318degree, or a felony of the second degree involving violence
319against any individual. For purposes of this subsection, if a
320child is released, the child must comply with all conditions of
321preadjudicatory release set by the circuit court.
322     (3)  Except as provided in subsection (2), a child may not
323be held in secure, nonsecure, or home detention care for more
324than 15 days following the entry of an order of adjudication.
325     (4)  The time limits in subsections (2) and (3) do not
326include periods of delay resulting from a continuance granted by
327the court for cause on motion of the child or his or her counsel
328or of the state. Upon the issuance of an order granting a
329continuance for cause on a motion by either the child, the
330child's counsel, or the state, the court shall conduct a hearing
331at the end of each 72-hour period, excluding Saturdays, Sundays,
332and legal holidays, to determine the need for continued
333detention of the child and the need for further continuance of
334proceedings for the child or the state.
335     (5)  The time limits required under this section do not
336apply to children held in secure detention care pursuant to ss.
337985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28.
338     (6)(5)  A child who was not in secure detention care at the
339time of the adjudicatory hearing, but for whom residential
340commitment is anticipated or recommended, may be placed under a
341special detention order for a period not to exceed 72 hours,
342excluding weekends and legal holidays, for the purpose of
343conducting a comprehensive evaluation as provided in s. 985.185.
344Motions for the issuance of such special detention order may be
345made subsequent to a finding of delinquency. Upon said motion,
346the court shall conduct a hearing to determine the
347appropriateness of such special detention order and shall order
348the least restrictive level of detention care necessary to
349complete the comprehensive evaluation process that is consistent
350with public safety. Such special detention order may be extended
351for an additional 72 hours upon further order of the court.
352     (7)(6)  If a child is detained and a petition for
353delinquency is filed, the child shall be arraigned in accordance
354with the Florida Rules of Juvenile Procedure within 48 hours
355after the filing of the petition for delinquency.
356     Section 8.  Subsection (1) of section 985.265, Florida
357Statutes, is amended to read:
358     985.265  Detention transfer and release; education; adult
359jails.--
360     (1)  If a child is detained under this part, the department
361may transfer the child from nonsecure or home detention care to
362secure detention care only if significantly changed
363circumstances warrant such transfer. Such circumstances include,
364but are not necessarily limited to:
365     (a)  Where a child is alleged to have absconded from home
366or nonsecure detention care or otherwise violates the terms of
367release after adjudication and commitment but while awaiting
368placement in a residential facility; or
369     (b)  Where probable cause exists that a child has committed
370a new violation of law while on home or nonsecure detention care
371after adjudication and commitment but while awaiting placement
372in a residential facility.
373     Section 9.  Subsection (1) of section 985.27, Florida
374Statutes, is amended to read:
375     985.27  Postcommitment detention while awaiting
376placement.--
377     (1)  The court must place all children who are adjudicated
378and awaiting placement in a commitment program in secure
379detention care, home detention care, or nonsecure detention
380care. Children who are in home detention care or nonsecure
381detention care may be placed on electronic monitoring.
382     (a)  A child who is awaiting placement in a low-risk
383residential program must be removed from detention within 5
384days, excluding Saturdays, Sundays, and legal holidays. Any
385child held in secure detention during the 5 days must meet
386detention admission criteria under this part. A child who is
387placed in home detention care, nonsecure detention care, or home
388or nonsecure detention care with electronic monitoring, while
389awaiting placement in a minimum-risk or low-risk program, may be
390held in secure detention care for 5 days, if the child violates
391the conditions of the home detention care, the nonsecure
392detention care, or the electronic monitoring agreement. For any
393subsequent violation, the court may impose an additional 15 5
394days, excluding Saturdays, Sundays, and legal holidays, in
395secure detention care.
396     (b)1.  A child who is awaiting placement in a moderate-risk
397residential program must be placed in secure detention care,
398home detention care, or nonsecure detention care. Any child held
399in secure detention care must meet detention admission criteria
400under this part.
401     2.  A child may not be held in secure detention care longer
402than 15 days, excluding Saturdays, Sundays, and legal holidays,
403while awaiting placement in a moderate-risk residential
404facility, except that any child shall be held in secure
405detention care until placed in a residential facility if:
406     a.  The child is alleged to have absconded from home
407detention care or nonsecure detention care or otherwise violated
408the terms of release or electronic monitoring; or
409     b.  Probable cause exists that a child committed a new
410violation of law while on home detention care, nonsecure
411detention care, or electronic monitoring and the child is
412awaiting placement in a residential program. A child who is
413awaiting placement in a moderate-risk residential program must
414be removed from detention within 5 days, excluding Saturdays,
415Sundays, and legal holidays. Any child held in secure detention
416during the 5 days must meet detention admission criteria under
417this part. The department may seek an order from the court
418authorizing continued detention for a specific period of time
419necessary for the appropriate residential placement of the
420child. However, such continued detention in secure detention
421care may not exceed 15 days after entry of the commitment order,
422excluding Saturdays, Sundays, and legal holidays, and except as
423otherwise provided in this section. A child who is placed in
424home detention care, nonsecure detention care, or home or
425nonsecure detention care with electronic monitoring, while
426awaiting placement in a moderate-risk program, may be held in
427secure detention care for 5 days, if the child violates the
428conditions of the home detention care, the nonsecure detention
429care, or the electronic monitoring agreement. For any subsequent
430violation, the court may impose an additional 5 days in secure
431detention care.
432     (c)  If the child is committed to a high-risk residential
433program, the child must be held in secure detention care until
434placement or commitment is accomplished.
435     (d)  If the child is committed to a maximum-risk
436residential program, the child must be held in secure detention
437care until placement or commitment is accomplished.
438     Section 10.  Section 985.28, Florida Statutes, is created
439to read:
440     985.28  Appearance in court; preadjudicatory detention;
441contempt.--
442     (1)  A child may be held in secure detention care if, after
443proper notice, the child fails to appear in court because the
444child refuses to appear, runs away, or otherwise intentionally
445avoids his or her appearance. The court may hold the child in
446secure detention care until the trial concludes, regardless of
447the results of the risk assessment instrument.
448     (2)  A parent or legal guardian, after being properly
449noticed, who knowingly and willfully fails to bring or otherwise
450prevents a child from appearing for trial may be held in
451contempt of court.
452     Section 11.  Subsection (1) of section 985.35, Florida
453Statutes, is amended to read:
454     985.35  Adjudicatory hearings; withheld adjudications;
455orders of adjudication.--
456     (1)  The adjudicatory hearing must be held as soon as
457practicable after the petition alleging that a child has
458committed a delinquent act or violation of law is filed and in
459accordance with the Florida Rules of Juvenile Procedure; but
460reasonable delay for the purpose of investigation, discovery, or
461procuring counsel or witnesses shall be granted. If the child is
462being detained, the time limitations in s. 985.26(2) and (3)
463apply.
464     Section 12.  Paragraph (c) of subsection (1) of section
465985.43, Florida Statutes, is amended, and subsection (4) is
466added to that section, to read:
467     985.43  Predisposition reports; other evaluations.--
468     (1)  Upon a finding that the child has committed a
469delinquent act:
470     (c)  A child who was not in secure detention at the time of
471the adjudicatory hearing, but for whom residential commitment is
472anticipated or recommended, may be placed under a special
473detention order, as provided in s. 985.26(6)(5), for the purpose
474of conducting a comprehensive evaluation.
475     (4)  The Legislature finds that the court is in the best
476position to weigh all facts and circumstances to determine
477whether or not to commit a juvenile to the department and to
478determine the most appropriate restrictiveness level for a
479juvenile committed to the department.
480     Section 13.  Paragraphs (a) and (b) of subsection (7) of
481section 985.433, Florida Statutes, are amended to read:
482     985.433  Disposition hearings in delinquency cases.--When a
483child has been found to have committed a delinquent act, the
484following procedures shall be applicable to the disposition of
485the case:
486     (7)  If the court determines that the child should be
487adjudicated as having committed a delinquent act and should be
488committed to the department, such determination shall be in
489writing or on the record of the hearing. The determination shall
490include a specific finding of the reasons for the decision to
491adjudicate and to commit the child to the department, including
492any determination that the child was a member of a criminal
493gang.
494     (a)  The juvenile probation officer shall make a
495recommendation to the court concerning placement and any
496proposed treatment plan recommend to the court the most
497appropriate placement and treatment plan, specifically
498identifying the restrictiveness level most appropriate for the
499child. If the court has determined that the child was a member
500of a criminal gang, that determination shall be given great
501weight in identifying the most appropriate restrictiveness level
502for the child. The court shall consider the department's
503recommendation in making its commitment decision.
504     (b)  The court may shall commit the child to the department
505at the restrictiveness level identified by the department, or
506the court may order placement at a different restrictiveness
507level. The court may determine the disposition on the same
508factors as the department considered in the department's
509predisposition report and placement recommendation even if the
510court reaches a different conclusion. The court may commit the
511child to a different restrictiveness level than recommended by
512the department. The court shall state for the record the reasons
513for the disposition imposed that establish by a preponderance of
514the evidence why the court is disregarding the assessment of the
515child and the restrictiveness level recommended by the
516department. Any party may appeal the court's findings resulting
517in a modified level of restrictiveness under this paragraph. The
518department shall maintain data to identify the extent to which
519the courts agree with the department's recommendation.
520     Section 14.  Subsection (2) of section 985.439, Florida
521Statutes, is amended to read:
522     985.439  Violation of probation or postcommitment
523probation.--
524     (2)  A child taken into custody under s. 985.101 for
525violating the conditions of probation or postcommitment
526probation shall be held in a consequence unit if such a unit is
527available or may be detained under part V in a facility other
528than a consequence unit if one is not available. The child shall
529be afforded a hearing within 24 hours after being taken into
530custody to determine the existence of probable cause that the
531child violated the conditions of probation or postcommitment
532probation. A consequence unit is a secure facility specifically
533designated by the department for children who are taken into
534custody under s. 985.101 for violating probation or
535postcommitment probation, or who have been found by the court to
536have violated the conditions of probation or postcommitment
537probation. If the violation involves a new charge of
538delinquency, the child may be detained under part V in a
539facility other than a consequence unit. If the child is not
540eligible for detention for the new charge of delinquency, the
541child may be held in the consequence unit pending a hearing and
542is subject to the time limitations specified in part V.
543     Section 15.  Section 938.20, Florida Statutes, is created
544to read:
545     938.20  County juvenile crime prevention fund.--
546     (1)  Notwithstanding s. 318.121, and in addition to ss.
547938.19 and 939.185, in each county the board of county
548commissioners may adopt a mandatory court cost to be assessed in
549specific cases by incorporating by reference the provisions of
550this section in a county ordinance. Assessments collected by the
551clerk of the circuit court under this section shall be deposited
552into an account specifically for the administration of the
553county's juvenile crime prevention fund. The proceeds of the
554county's juvenile crime prevention fund shall only be used to
555fund local programs whose principal focus is the prevention of
556juvenile crime, the creation of consequence or suspension
557centers, and truancy programs and such other areas of local
558concern relating to juvenile crime.
559     (2)  A sum of up to $50 shall be assessed as a court cost
560in the circuit court in the county against each juvenile who
561pleads guilty or nolo contendere to, or is found guilty of,
562regardless of adjudication, a delinquent act. No juvenile shall
563be assessed court costs under this section if the juvenile and
564the juvenile's parents or other legal guardian are found to be
565indigent.
566     (3)  The assessment for court costs under this section
567shall be assessed in addition to any other cost or fee and may
568not be deducted from the proceeds of any other cost that is
569received by the county.
570     (4)(a)  The clerk of the circuit court shall collect the
571assessments for court costs under this section and shall remit
572the assessments to the county's juvenile crime prevention fund
573monthly.
574     (b)  The clerk of the circuit court shall withhold 3
575percent of the assessments collected, which shall be retained as
576fee income of the office of the clerk of the circuit court.
577     (5)  A county's juvenile crime prevention fund must account
578for all funds received and disbursed under this section in a
579written report to the board of county commissioners of that
580county. The report must be given to the commissioners by August
5811 of each year unless a different date is required by the
582commissioners.
583     (6)  A county's juvenile crime prevention fund may be
584administered by a nonprofit organization, a law enforcement
585agency, the court administrator, the clerk of the circuit court,
586a county agency, or another similar agency authorized by the
587board of county commissioners of that county.
588     Section 16.  Subsection (8) of section 790.22, Florida
589Statutes, is amended to read:
590     790.22  Use of BB guns, air or gas-operated guns, or
591electric weapons or devices by minor under 16; limitation;
592possession of firearms by minor under 18 prohibited;
593penalties.--
594     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
595under 18 years of age is charged with an offense that involves
596the use or possession of a firearm, as defined in s. 790.001,
597including a violation of subsection (3), or is charged for any
598offense during the commission of which the minor possessed a
599firearm, the minor shall be detained in secure detention, unless
600the state attorney authorizes the release of the minor, and
601shall be given a hearing within 24 hours after being taken into
602custody. At the hearing, the court may order that the minor
603continue to be held in secure detention in accordance with the
604applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
605the court finds that the minor meets the criteria specified in
606s. 985.255, or if the court finds by clear and convincing
607evidence that the minor is a clear and present danger to himself
608or herself or the community. The Department of Juvenile Justice
609shall prepare a form for all minors charged under this
610subsection that states the period of detention and the relevant
611demographic information, including, but not limited to, the sex,
612age, and race of the minor; whether or not the minor was
613represented by private counsel or a public defender; the current
614offense; and the minor's complete prior record, including any
615pending cases. The form shall be provided to the judge to be
616considered when determining whether the minor should be
617continued in secure detention under this subsection. An order
618placing a minor in secure detention because the minor is a clear
619and present danger to himself or herself or the community must
620be in writing, must specify the need for detention and the
621benefits derived by the minor or the community by placing the
622minor in secure detention, and must include a copy of the form
623provided by the department. The Department of Juvenile Justice
624must send the form, including a copy of any order, without
625client-identifying information, to the Office of Economic and
626Demographic Research.
627     Section 17.  The Legislature determines and declares that
628this act fulfills an important state interest.
629     Section 18.  It is the intent of the Legislature with this
630act to ensure public safety and to provide appropriate and
631effective treatment to address physical, social, and emotional
632needs of juveniles, including, but not limited to, substance
633abuse services, mental health services, family counseling, anger
634management, other behavioral services, and health care services.
635     Section 19.  This act shall take effect July 1, 2009.


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