Florida Senate - 2009                             CS for SB 2094
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Crist
       
       
       
       586-04060-09                                          20092094c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for a delinquent act
    5         within the definition of those children who are
    6         eligible to receive comprehensive mental health
    7         services; amending s. 435.04, F.S., relating to level
    8         2 screening standards; correcting a cross-reference;
    9         amending s. 984.03, F.S.; expanding the meaning of the
   10         term “child in need of services” to include a child 9
   11         years of age or younger at the time of referral to the
   12         Department of Juvenile Justice; amending s. 985.02,
   13         F.S.; providing additional legislative findings and
   14         intent; amending s. 985.03, F.S.; redefining the term
   15         “child in need of services” to provide that a child is
   16         eligible to receive comprehensive services if the
   17         child is 9 years of age or younger at the time of
   18         referral to the department; defining the term
   19         “ordinary medical care in department facilities and
   20         programs”; amending s. 985.125, F.S.; encouraging law
   21         enforcement agencies, school districts, counties,
   22         municipalities, and the Department of Juvenile Justice
   23         to establish prearrest or postarrest diversion
   24         programs for first-time misdemeanor offenders who are
   25         9 years of age or younger; amending s. 985.441, F.S.;
   26         providing that a court may commit a female child
   27         adjudicated as delinquent to the department for
   28         placement in a mother-infant program designed to serve
   29         the needs of the juvenile mothers or expectant
   30         juvenile mothers who are committed as delinquents;
   31         requiring the department to adopt rules to govern the
   32         operation of the mother-infant program; amending s.
   33         985.601, F.S.; requiring that the department adopt
   34         rules to ensure the effective delivery of services to
   35         children in the care and custody of the department;
   36         requiring the department to coordinate its rule
   37         adoption process with the Department of Children and
   38         Family Services and the Agency for Persons with
   39         Disabilities; amending s. 985.644, F.S.; eliminating
   40         the exemption from background screening previously
   41         granted to a volunteer who assists on an intermittent
   42         basis for less than 40 hours per month in programs
   43         serving children if the volunteer was under direct and
   44         constant supervision by persons who meet the screening
   45         requirements; eliminating the Juvenile Justice
   46         Standards and Training Commission; providing that the
   47         department rather than the commission is responsible
   48         for juvenile justice staff development and training;
   49         detailing the minimum qualifications for juvenile
   50         justice staff of the department and contract providers
   51         who deliver direct-care services to children;
   52         providing an effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Paragraph (i) is added to subsection (4) of
   57  section 394.492, Florida Statutes, to read:
   58         394.492 Definitions.—As used in ss. 394.490-394.497, the
   59  term:
   60         (4) “Child or adolescent at risk of emotional disturbance”
   61  means a person under 18 years of age who has an increased
   62  likelihood of becoming emotionally disturbed because of risk
   63  factors that include, but are not limited to:
   64         (i)Being 9 years of age or younger at the time of referral
   65  for a delinquent act.
   66         Section 2. Paragraph (b) of subsection (4) of section
   67  435.04, Florida Statutes, is amended to read:
   68         435.04 Level 2 screening standards.—
   69         (4) Standards must also ensure that the person:
   70         (b) Has not committed an act that constitutes domestic
   71  violence as defined in s. 741.28 s. 741.30.
   72         Section 3. Subsection (9) of section 984.03, Florida
   73  Statutes, is amended to read:
   74         984.03 Definitions.—When used in this chapter, the term:
   75         (9) “Child in need of services” means a child for whom
   76  there is no pending investigation into an allegation or
   77  suspicion of abuse, neglect, or abandonment; no pending referral
   78  alleging that the child is delinquent, except if the child is 9
   79  years of age or younger at the time of referral to the
   80  department; or no current supervision by the department of
   81  Juvenile Justice or the Department of Children and Family
   82  Services for an adjudication of dependency or delinquency. The
   83  child must also, pursuant to this chapter, be found by the
   84  court:
   85         (a) To have persistently run away from the child’s parents
   86  or legal custodians despite reasonable efforts of the child, the
   87  parents or legal custodians, and appropriate agencies to remedy
   88  the conditions contributing to the behavior. Reasonable efforts
   89  shall include voluntary participation by the child’s parents or
   90  legal custodians and the child in family mediation, services,
   91  and treatment offered by the department of Juvenile Justice or
   92  the Department of Children and Family Services;
   93         (b) To be habitually truant from school, while subject to
   94  compulsory school attendance, despite reasonable efforts to
   95  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
   96  through voluntary participation by the child’s parents or legal
   97  custodians and by the child in family mediation, services, and
   98  treatment offered by the department of Juvenile Justice or the
   99  Department of Children and Family Services; or
  100         (c) To have persistently disobeyed the reasonable and
  101  lawful demands of the child’s parents or legal custodians, and
  102  to be beyond their control despite efforts by the child’s
  103  parents or legal custodians and appropriate agencies to remedy
  104  the conditions contributing to the behavior. Reasonable efforts
  105  may include such things as good faith participation in family or
  106  individual counseling; or.
  107         (d)To be 9 years of age or younger and have been referred
  108  to the department for committing a delinquent act.
  109         Section 4. Subsection (9) is added to section 985.02,
  110  Florida Statutes, to read:
  111         985.02 Legislative intent for the juvenile justice system.—
  112         (9)CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  113  finds that very young children need age-appropriate services in
  114  order to prevent and reduce future acts of delinquency. Children
  115  who are 9 years of age or younger who have been determined by
  116  the court to pose no danger to the community and are unlikely to
  117  recidivate, should be diverted into prearrest or postarrest
  118  programs, civil citation programs, or children-in-need-of
  119  services and families-in-need-of-services programs, as
  120  appropriate. If, upon findings from the needs assessment, the
  121  child is found to be in need of mental health services or
  122  substance abuse treatment services, the department shall
  123  cooperate with the parent or legal guardian and the Department
  124  of Children and Family Services, as appropriate, to identify the
  125  most appropriate services and supports and available funding
  126  sources to meet the needs of the child.
  127         Section 5. Subsection (7) of section 985.03, Florida
  128  Statutes, is amended, present subsections (39) through (57) are
  129  redesignated as subsections (40) through (58), respectively, and
  130  a new subsection (39) is added to that section, to read:
  131         985.03 Definitions.—As used in this chapter, the term:
  132         (7) “Child in need of services” means a child for whom
  133  there is no pending investigation into an allegation or
  134  suspicion of abuse, neglect, or abandonment; no pending referral
  135  alleging that the child is delinquent, except if the child is 9
  136  years of age or younger at the time of referral to the
  137  department; or no current supervision by the department or the
  138  Department of Children and Family Services for an adjudication
  139  of dependency or delinquency. The child must also, under this
  140  chapter, be found by the court:
  141         (a) To have persistently run away from the child’s parents
  142  or legal custodians despite reasonable efforts of the child, the
  143  parents or legal custodians, and appropriate agencies to remedy
  144  the conditions contributing to the behavior. Reasonable efforts
  145  shall include voluntary participation by the child’s parents or
  146  legal custodians and the child in family mediation, services,
  147  and treatment offered by the department or the Department of
  148  Children and Family Services;
  149         (b) To be habitually truant from school, while subject to
  150  compulsory school attendance, despite reasonable efforts to
  151  remedy the situation under ss. 1003.26 and 1003.27 and through
  152  voluntary participation by the child’s parents or legal
  153  custodians and by the child in family mediation, services, and
  154  treatment offered by the department of Juvenile Justice or the
  155  Department of Children and Family Services; or
  156         (c) To have persistently disobeyed the reasonable and
  157  lawful demands of the child’s parents or legal custodians, and
  158  to be beyond their control despite efforts by the child’s
  159  parents or legal custodians and appropriate agencies to remedy
  160  the conditions contributing to the behavior. Reasonable efforts
  161  may include such things as good faith participation in family or
  162  individual counseling; or.
  163         (d)To have been referred for a delinquent act at the age
  164  of 9 years or younger.
  165         (39)“Ordinary medical care in department facilities and
  166  programs” means medical procedures that are administered or
  167  performed on a routine basis and include, but are not limited
  168  to, inoculations, physical examinations, remedial treatment for
  169  minor illnesses and injuries, preventive services, medication
  170  management, chronic disease detection and treatment, and other
  171  medical procedures that are administered or performed on a
  172  routine basis and that do not involve hospitalization, surgery,
  173  or use of general anesthesia.
  174         Section 6. Subsection (1) of section 985.125, Florida
  175  Statutes, is amended to read:
  176         985.125 Prearrest or postarrest diversion programs.—
  177         (1) A law enforcement agency, or school district, county,
  178  municipality, or the department, in cooperation with the state
  179  attorney, is encouraged to may establish a prearrest or
  180  postarrest diversion programs for first-time misdemeanor
  181  offenders and offenders who are 9 years of age or younger
  182  program.
  183         Section 7. Paragraph (e) is added to subsection (1) of
  184  section 985.441, Florida Statutes, to read:
  185         985.441 Commitment.—
  186         (1) The court that has jurisdiction of an adjudicated
  187  delinquent child may, by an order stating the facts upon which a
  188  determination of a sanction and rehabilitative program was made
  189  at the disposition hearing:
  190         (e)Commit the child to the department for placement in a
  191  mother-infant program designed to serve the needs of the
  192  juvenile mothers or expectant juvenile mothers who are committed
  193  as delinquents. The department’s mother-infant program must be
  194  licensed as a child care facility in accordance with s. 402.308,
  195  and must provide the services and support necessary to enable
  196  the committed juvenile mothers to provide for the needs of their
  197  infants who, upon agreement of the mother, may accompany them in
  198  the program. The department shall adopt rules to govern the
  199  operation of such programs.
  200         Section 8. Subsection (2) of section 985.601, Florida
  201  Statutes, is amended to read:
  202         985.601 Administering the juvenile justice continuum.—
  203         (2)(a) The department shall develop and implement an
  204  appropriate continuum of care that provides individualized,
  205  multidisciplinary assessments, objective evaluations of relative
  206  risks, and the matching of needs with placements for all
  207  children under its care, and that uses a system of case
  208  management to facilitate each child being appropriately
  209  assessed, provided with services, and placed in a program that
  210  meets the child’s needs.
  211         (b)The department shall adopt rules to ensure the
  212  effective delivery of services to children in the department’s
  213  care and custody. The rules must address the delivery of:
  214         1.Ordinary medical care in department facilities and
  215  programs;
  216         2.Mental health services in department facilities and
  217  programs;
  218         3.Substance abuse treatment services in department
  219  facilities and programs; and
  220         4.Services to children with developmental disabilities in
  221  department facilities and programs.
  222  
  223  The department shall coordinate its rulemaking with the
  224  Department of Children and Family Services and the Agency for
  225  Persons with Disabilities to ensure that the rules adopted under
  226  this section do not encroach upon the substantive jurisdiction
  227  of those agencies. The department shall include the above
  228  mentioned entities in the rulemaking process, as appropriate.
  229         Section 9. Section 985.644, Florida Statutes, is amended to
  230  read:
  231         985.644 Departmental contracting powers; personnel
  232  standards and screening.—
  233         (1) The department of Juvenile Justice or the Department of
  234  Children and Family Services, as appropriate, may contract with
  235  the Federal Government, other state departments and agencies,
  236  county and municipal governments and agencies, public and
  237  private agencies, and private individuals and corporations in
  238  carrying out the purposes of, and the responsibilities
  239  established in, this chapter.
  240         (a) When the department of Juvenile Justice or the
  241  Department of Children and Family Services contracts with a
  242  provider for any program for children, all personnel, including
  243  owners, operators, employees, and volunteers, in the facility
  244  must be of good moral character. Each contract entered into by
  245  either department for services delivered on an appointment or
  246  intermittent basis by a provider that does not have regular
  247  custodial responsibility for children and each contract with a
  248  school for before or aftercare services must ensure that the
  249  owners, operators, and all personnel who have direct contact
  250  with children are of good moral character. A volunteer who
  251  assists on an intermittent basis for less than 40 hours per
  252  month need not be screened if the volunteer is under direct and
  253  constant supervision by persons who meet the screening
  254  requirements.
  255         (b) The department of Juvenile Justice and the Department
  256  of Children and Family Services shall require employment
  257  screening pursuant to chapter 435, using the level 2 standards
  258  set forth in that chapter for personnel in programs for children
  259  or youths.
  260         (c) The department of Juvenile Justice or the Department of
  261  Children and Family Services may grant exemptions from
  262  disqualification from working with children as provided in s.
  263  435.07.
  264         (2) The department may contract with the Federal
  265  Government, other state departments and agencies, county and
  266  municipal governments and agencies, public and private agencies,
  267  and private individuals and corporations in carrying out the
  268  purposes and the responsibilities of the delinquency services
  269  and programs of the department.
  270         (3) The department shall adopt a rule pursuant to chapter
  271  120 establishing a procedure to provide notice of policy changes
  272  that affect contracted delinquency services and programs. A
  273  policy is defined as an operational requirement that applies to
  274  only the specified contracted delinquency service or program.
  275  The procedure shall include:
  276         (a) Public notice of policy development.
  277         (b) Opportunity for public comment on the proposed policy.
  278         (c) Assessment for fiscal impact upon the department and
  279  providers.
  280         (d) The department’s response to comments received.
  281         (4)When the department contracts with a provider for any
  282  delinquency service or program, all personnel, including all
  283  owners, operators, employees, and volunteers in the facility or
  284  providing the service or program shall be of good moral
  285  character. A volunteer who assists on an intermittent basis for
  286  less than 40 hours per month is not required to be screened if
  287  the volunteer is under direct and constant supervision by
  288  persons who meet the screening requirements.
  289         (4)(5)(a) For any person employed by the department, or by
  290  a provider under contract with the department, in delinquency
  291  facilities, services, or programs, the department shall require:
  292         1. A level 2 employment screening pursuant to chapter 435
  293  prior to employment.
  294         2. A federal criminal records check by the Federal Bureau
  295  of Investigation every 5 years following the date of the
  296  person’s employment.
  297         (b) Except for law enforcement, correctional, and
  298  correctional probation officers, to whom s. 943.13(5) applies,
  299  the department shall electronically submit to the Department of
  300  Law Enforcement:
  301         1. Fingerprint information obtained during the employment
  302  screening required by subparagraph (a)1.
  303         2. Beginning on December 15, 2005, Fingerprint information
  304  for all persons employed by the department, or by a provider
  305  under contract with the department, in delinquency facilities,
  306  services, or programs if such fingerprint information has not
  307  previously been electronically submitted to the Department of
  308  Law Enforcement under this paragraph.
  309         (c) All fingerprint information electronically submitted to
  310  the Department of Law Enforcement under paragraph (b) shall be
  311  retained by the Department of Law Enforcement and entered into
  312  the statewide automated fingerprint identification system
  313  authorized by s. 943.05(2)(b). Thereafter, such fingerprint
  314  information shall be available for all purposes and uses
  315  authorized for arrest fingerprint information entered into the
  316  statewide automated fingerprint identification system pursuant
  317  to s. 943.051 until the fingerprint information is removed
  318  pursuant to paragraph (e). The Department of Law Enforcement
  319  shall search all arrest fingerprint information received
  320  pursuant to s. 943.051 against the fingerprint information
  321  entered into the statewide automated fingerprint system pursuant
  322  to this subsection. Any arrest records identified as a result of
  323  the search shall be reported to the department in the manner and
  324  timeframe established by the Department of Law Enforcement by
  325  rule.
  326         (d) The department shall pay an annual fee to the
  327  Department of Law Enforcement for its costs resulting from the
  328  fingerprint information retention services required by this
  329  subsection. The amount of the annual fee and procedures for the
  330  submission and retention of fingerprint information and for the
  331  dissemination of search results shall be established by the
  332  Department of Law Enforcement by a rule that is applicable to
  333  the department individually pursuant to this subsection or that
  334  is applicable to the department and other employing agencies
  335  pursuant to rulemaking authority otherwise provided by law.
  336         (e) The department shall notify the Department of Law
  337  Enforcement when a person whose fingerprint information is
  338  retained by the Department of Law Enforcement under this
  339  subsection is no longer employed by the department, or by a
  340  provider under contract with the department, in a delinquency
  341  facility, service, or program. This notice shall be provided by
  342  the department to the Department of Law Enforcement no later
  343  than 6 months after the date of the change in the person’s
  344  employment status. Fingerprint information for persons
  345  identified by the department in the notice shall be removed from
  346  the statewide automated fingerprint system.
  347         (5)(6) The department may grant exemptions from
  348  disqualification from working with children as provided in s.
  349  435.07.
  350         Section 10. Section 985.66, Florida Statutes, is amended to
  351  read:
  352         985.66 Juvenile justice training academies; staff
  353  development and training Juvenile Justice Standards and Training
  354  Commission; Juvenile Justice Training Trust Fund.—
  355         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
  356  provide a systematic approach to staff development and training
  357  for judges, state attorneys, public defenders, law enforcement
  358  officers, school district personnel, and juvenile justice
  359  program staff that will meet the needs of such persons in their
  360  discharge of duties while at the same time meeting the
  361  requirements for the American Correction Association
  362  accreditation by the Commission on Accreditation for
  363  Corrections, it is the purpose of the Legislature to require the
  364  department to establish, maintain, and oversee the operation of
  365  juvenile justice training academies in the state. The purpose of
  366  the Legislature in establishing staff development and training
  367  programs is to foster better staff morale and reduce
  368  mistreatment and aggressive and abusive behavior in delinquency
  369  programs; to positively impact the recidivism of children in the
  370  juvenile justice system; and to afford greater protection of the
  371  public through an improved level of services delivered by a
  372  professionally trained juvenile justice program staff to
  373  children who are alleged to be or who have been found to be
  374  delinquent.
  375         (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
  376  STANDARDS AND TRAINING COMMISSION.—
  377         (a)There is created under the Department of Juvenile
  378  Justice the Juvenile Justice Standards and Training Commission,
  379  hereinafter referred to as the commission. The 17-member
  380  commission shall consist of the Attorney General or designee,
  381  the Commissioner of Education or designee, a member of the
  382  juvenile court judiciary to be appointed by the Chief Justice of
  383  the Supreme Court, and 14 members to be appointed by the
  384  Secretary of Juvenile Justice as follows:
  385         1.Seven members shall be juvenile justice professionals: a
  386  superintendent or a direct care staff member from an
  387  institution; a director from a contracted community-based
  388  program; a superintendent and a direct care staff member from a
  389  regional detention center or facility; a juvenile probation
  390  officer supervisor and a juvenile probation officer; and a
  391  director of a day treatment or conditional release program. No
  392  fewer than three of these members shall be contract providers.
  393         2.Two members shall be representatives of local law
  394  enforcement agencies.
  395         3.One member shall be an educator from the state’s
  396  university and community college program of criminology,
  397  criminal justice administration, social work, psychology,
  398  sociology, or other field of study pertinent to the training of
  399  juvenile justice program staff.
  400         4.One member shall be a member of the public.
  401         5.One member shall be a state attorney, or assistant state
  402  attorney, who has juvenile court experience.
  403         6.One member shall be a public defender, or assistant
  404  public defender, who has juvenile court experience.
  405         7.One member shall be a representative of the business
  406  community.
  407  
  408  All appointed members shall be appointed to serve terms of 2
  409  years.
  410         (b)The composition of the commission shall be broadly
  411  reflective of the public and shall include minorities and women.
  412  The term “minorities” as used in this paragraph means a member
  413  of a socially or economically disadvantaged group that includes
  414  blacks, Hispanics, and American Indians.
  415         (c)The Department of Juvenile Justice shall provide the
  416  commission with staff necessary to assist the commission in the
  417  performance of its duties.
  418         (d)The commission shall annually elect its chairperson and
  419  other officers. The commission shall hold at least four regular
  420  meetings each year at the call of the chairperson or upon the
  421  written request of three members of the commission. A majority
  422  of the members of the commission constitutes a quorum. Members
  423  of the commission shall serve without compensation but are
  424  entitled to be reimbursed for per diem and travel expenses as
  425  provided by s. 112.061 and these expenses shall be paid from the
  426  Juvenile Justice Training Trust Fund.
  427         (e) The department powers, duties, and functions of the
  428  commission shall be to:
  429         (a)1. Designate the location of the training academies;
  430  develop, implement, maintain, and update the curriculum to be
  431  used in the training of delinquency juvenile justice program
  432  staff; establish timeframes for participation in and completion
  433  of training by delinquency juvenile justice program staff;
  434  develop, implement, maintain, and update job-related
  435  examinations; develop, implement, and update the types and
  436  frequencies of evaluations of the training academies; approve,
  437  modify, or disapprove the budget for the training academies, and
  438  the contractor to be selected to organize and operate the
  439  training academies and to provide the training curriculum.
  440         (b)2. Establish uniform minimum job-related training
  441  courses and examinations for delinquency juvenile justice
  442  program staff.
  443         (c)3. Consult and cooperate with the state or any political
  444  subdivision; any private entity or contractor; and with private
  445  and public universities, colleges, community colleges, and other
  446  educational institutions concerning the development of juvenile
  447  justice training and programs or courses of instruction,
  448  including, but not limited to, education and training in the
  449  areas of juvenile justice.
  450         (d)4.Enter into With the approval of the department, make
  451  and enter into such contracts and agreements with other
  452  agencies, organizations, associations, corporations,
  453  individuals, or federal agencies as the commission determines
  454  are necessary in the execution of the its powers of the
  455  department or the performance of its duties.
  456         5.Make recommendations to the Department of Juvenile
  457  Justice concerning any matter within the purview of this
  458  section.
  459         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
  460  commission shall establish a certifiable program for juvenile
  461  justice training pursuant to this section, and all delinquency
  462  department program staff and providers who deliver direct care
  463  services pursuant to contract with the department shall be
  464  required to participate in and successfully complete the
  465  department-approved commission-approved program of training
  466  pertinent to their areas of responsibility. Judges, state
  467  attorneys, and public defenders, law enforcement officers, and
  468  school district personnel may participate in such training
  469  program. For the delinquency juvenile justice program staff, the
  470  department commission shall, based on a job-task analysis:
  471         (a) Design, implement, maintain, evaluate, and revise a
  472  basic training program, including a competency-based
  473  examination, for the purpose of providing minimum employment
  474  training qualifications for all juvenile justice personnel. All
  475  program staff of the department and providers who deliver
  476  direct-care services who are hired after October 1, 1999, must
  477  meet the following minimum requirements:
  478         1. Be at least 19 years of age.
  479         2. Be a high school graduate or its equivalent as
  480  determined by the department commission.
  481         3. Not have been convicted of any felony or a misdemeanor
  482  involving perjury or a false statement, or have received a
  483  dishonorable discharge from any of the Armed Forces of the
  484  United States. Any person who, after September 30, 1999, pleads
  485  guilty or nolo contendere to or is found guilty of any felony or
  486  a misdemeanor involving perjury or false statement is not
  487  eligible for employment, notwithstanding suspension of sentence
  488  or withholding of adjudication. Notwithstanding this
  489  subparagraph, any person who pled nolo contendere to a
  490  misdemeanor involving a false statement before October 1, 1999,
  491  and who has had such record of that plea sealed or expunged is
  492  not ineligible for employment for that reason.
  493         4. Abide by all the provisions of s. 985.644(1) regarding
  494  fingerprinting and background investigations and other screening
  495  requirements for personnel.
  496         5. Execute and submit to the department an affidavit-of
  497  application form, adopted by the department, attesting to his or
  498  her compliance with subparagraphs 1.-4. The affidavit must be
  499  executed under oath and constitutes an official statement under
  500  s. 837.06. The affidavit must include conspicuous language that
  501  the intentional false execution of the affidavit constitutes a
  502  misdemeanor of the second degree. The employing agency shall
  503  retain the affidavit.
  504         (b) Design, implement, maintain, evaluate, and revise an
  505  advanced training program, including a competency-based
  506  examination for each training course, which is intended to
  507  enhance knowledge, skills, and abilities related to job
  508  performance.
  509         (c) Design, implement, maintain, evaluate, and revise a
  510  career development training program, including a competency
  511  based examination for each training course. Career development
  512  courses are intended to prepare personnel for promotion.
  513         (d) The department commission is encouraged to design,
  514  implement, maintain, evaluate, and revise juvenile justice
  515  training courses, or to enter into contracts for such training
  516  courses, that are intended to provide for the safety and well
  517  being of both citizens and juvenile offenders.
  518         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
  519         (a) There is created within the State Treasury a Juvenile
  520  Justice Training Trust Fund to be used by the Department of
  521  Juvenile Justice for the purpose of funding the development and
  522  updating of a job-task analysis of delinquency program staff
  523  juvenile justice personnel; the development, implementation, and
  524  updating of job-related training courses and examinations; and
  525  the cost of commission-approved juvenile justice training
  526  courses; and reimbursement for expenses as provided in s.
  527  112.061 for members of the commission and staff.
  528         (b) One dollar from every noncriminal traffic infraction
  529  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
  530  deposited into the Juvenile Justice Training Trust Fund.
  531         (c) In addition to the funds generated by paragraph (b),
  532  the trust fund may receive funds from any other public or
  533  private source.
  534         (d) Funds that are not expended by the end of the budget
  535  cycle or through a supplemental budget approved by the
  536  department shall revert to the trust fund.
  537         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
  538  The number, location, and establishment of juvenile justice
  539  training academies shall be determined by the department
  540  commission.
  541         (6) SCHOLARSHIPS AND STIPENDS.—
  542         (a) By rule, the department commission shall establish
  543  criteria to award scholarships or stipends to qualified
  544  delinquency program staff juvenile justice personnel who are
  545  residents of the state who want to pursue a bachelor’s or
  546  associate in arts degree in juvenile justice or a related field.
  547  The department shall handle the administration of the
  548  scholarship or stipend. The Department of Education shall handle
  549  the notes issued for the payment of the scholarships or
  550  stipends. All scholarship and stipend awards shall be paid from
  551  the Juvenile Justice Training Trust Fund upon vouchers approved
  552  by the Department of Education and properly certified by the
  553  Chief Financial Officer. Prior to the award of a scholarship or
  554  stipend, the delinquency program staff juvenile justice employee
  555  must agree in writing to practice her or his profession in
  556  juvenile justice or a related field for 1 month for each month
  557  of grant or to repay the full amount of the scholarship or
  558  stipend together with interest at the rate of 5 percent per
  559  annum over a period not to exceed 10 years. Repayment shall be
  560  made payable to the state for deposit into the Juvenile Justice
  561  Training Trust Fund.
  562         (b) The department commission may establish the scholarship
  563  program by rule and implement the program on or after July 1,
  564  1996.
  565         (7) ADOPTION OF RULES.—The department commission shall
  566  adopt rules as necessary to administer carry out the provisions
  567  of this section.
  568         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
  569  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
  570  Risk Management of the Department of Financial Services is
  571  authorized to insure a private agency, individual, or
  572  corporation operating a state-owned training school under a
  573  contract to carry out the purposes and responsibilities of any
  574  program of the department. The coverage authorized herein shall
  575  be under the same general terms and conditions as the department
  576  is insured for its responsibilities under chapter 284.
  577         (9) DELINQUENCY PROGRAM STAFF DEFINED.As used in this
  578  section, the term “delinquency program staff” means supervisory
  579  and direct care staff of a delinquency program as well as
  580  support staff who have direct contact with children in a
  581  delinquency program that is owned and operated by the
  582  department. The Juvenile Justice Standards and Training
  583  Commission is terminated on June 30, 2001, and such termination
  584  shall be reviewed by the Legislature prior to that date.
  585         Section 11. This act shall take effect July 1, 2009.