Florida Senate - 2009 CS for CS for SB 2094
By the Committees on Criminal and Civil Justice Appropriations;
and Children, Families, and Elder Affairs; and Senator Crist
604-05712-09 20092094c2
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; amending
52 s. 985.664, F.S.; specifying the persons, entities,
53 and organizations with which the juvenile justice
54 circuit boards and county councils are required to
55 collaborate in order to facilitate interagency
56 cooperation and information sharing; requiring the
57 interagency collaboration agreement to specify how the
58 entities will share information to achieve certain
59 goals; requiring juvenile justice circuit boards and
60 county councils to use due diligence in notifying the
61 community of board vacancies; providing an effective
62 date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Paragraph (i) is added to subsection (4) of
67 section 394.492, Florida Statutes, to read:
68 394.492 Definitions.—As used in ss. 394.490-394.497, the
69 term:
70 (4) “Child or adolescent at risk of emotional disturbance”
71 means a person under 18 years of age who has an increased
72 likelihood of becoming emotionally disturbed because of risk
73 factors that include, but are not limited to:
74 (i) Being 9 years of age or younger at the time of referral
75 for a delinquent act.
76 Section 2. Paragraph (b) of subsection (4) of section
77 435.04, Florida Statutes, is amended to read:
78 435.04 Level 2 screening standards.—
79 (4) Standards must also ensure that the person:
80 (b) Has not committed an act that constitutes domestic
81 violence as defined in s. 741.28 s. 741.30.
82 Section 3. Subsection (9) of section 984.03, Florida
83 Statutes, is amended to read:
84 984.03 Definitions.—When used in this chapter, the term:
85 (9) “Child in need of services” means a child for whom
86 there is no pending investigation into an allegation or
87 suspicion of abuse, neglect, or abandonment; no pending referral
88 alleging that the child is delinquent, except if the child is 9
89 years of age or younger at the time of referral to the
90 department; or no current supervision by the department of
91 Juvenile Justice or the Department of Children and Family
92 Services for an adjudication of dependency or delinquency. The
93 child must also, pursuant to this chapter, be found by the
94 court:
95 (a) To have persistently run away from the child’s parents
96 or legal custodians despite reasonable efforts of the child, the
97 parents or legal custodians, and appropriate agencies to remedy
98 the conditions contributing to the behavior. Reasonable efforts
99 shall include voluntary participation by the child’s parents or
100 legal custodians and the child in family mediation, services,
101 and treatment offered by the department of Juvenile Justice or
102 the Department of Children and Family Services;
103 (b) To be habitually truant from school, while subject to
104 compulsory school attendance, despite reasonable efforts to
105 remedy the situation pursuant to ss. 1003.26 and 1003.27 and
106 through voluntary participation by the child’s parents or legal
107 custodians and by the child in family mediation, services, and
108 treatment offered by the department of Juvenile Justice or the
109 Department of Children and Family Services; or
110 (c) To have persistently disobeyed the reasonable and
111 lawful demands of the child’s parents or legal custodians, and
112 to be beyond their control despite efforts by the child’s
113 parents or legal custodians and appropriate agencies to remedy
114 the conditions contributing to the behavior. Reasonable efforts
115 may include such things as good faith participation in family or
116 individual counseling; or.
117 (d) To be 9 years of age or younger and have been referred
118 to the department for committing a delinquent act.
119 Section 4. Subsection (9) is added to section 985.02,
120 Florida Statutes, to read:
121 985.02 Legislative intent for the juvenile justice system.—
122 (9) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
123 finds that very young children need age-appropriate services in
124 order to prevent and reduce future acts of delinquency. Children
125 who are 9 years of age or younger who have been determined by
126 the court to pose no danger to the community and are unlikely to
127 recidivate, should be diverted into prearrest or postarrest
128 programs, civil citation programs, or children-in-need-of
129 services and families-in-need-of-services programs, as
130 appropriate. If, upon findings from the needs assessment, the
131 child is found to be in need of mental health services or
132 substance abuse treatment services, the department shall
133 cooperate with the parent or legal guardian and the Department
134 of Children and Family Services, as appropriate, to identify the
135 most appropriate services and supports and available funding
136 sources to meet the needs of the child.
137 Section 5. Subsection (7) of section 985.03, Florida
138 Statutes, is amended, present subsections (39) through (57) are
139 redesignated as subsections (40) through (58), respectively, and
140 a new subsection (39) is added to that section, to read:
141 985.03 Definitions.—As used in this chapter, the term:
142 (7) “Child in need of services” means a child for whom
143 there is no pending investigation into an allegation or
144 suspicion of abuse, neglect, or abandonment; no pending referral
145 alleging that the child is delinquent, except if the child is 9
146 years of age or younger at the time of referral to the
147 department; or no current supervision by the department or the
148 Department of Children and Family Services for an adjudication
149 of dependency or delinquency. The child must also, under this
150 chapter, be found by the court:
151 (a) To have persistently run away from the child’s parents
152 or legal custodians despite reasonable efforts of the child, the
153 parents or legal custodians, and appropriate agencies to remedy
154 the conditions contributing to the behavior. Reasonable efforts
155 shall include voluntary participation by the child’s parents or
156 legal custodians and the child in family mediation, services,
157 and treatment offered by the department or the Department of
158 Children and Family Services;
159 (b) To be habitually truant from school, while subject to
160 compulsory school attendance, despite reasonable efforts to
161 remedy the situation under ss. 1003.26 and 1003.27 and through
162 voluntary participation by the child’s parents or legal
163 custodians and by the child in family mediation, services, and
164 treatment offered by the department of Juvenile Justice or the
165 Department of Children and Family Services; or
166 (c) To have persistently disobeyed the reasonable and
167 lawful demands of the child’s parents or legal custodians, and
168 to be beyond their control despite efforts by the child’s
169 parents or legal custodians and appropriate agencies to remedy
170 the conditions contributing to the behavior. Reasonable efforts
171 may include such things as good faith participation in family or
172 individual counseling; or.
173 (d) To have been referred for a delinquent act at the age
174 of 9 years or younger.
175 (39) “Ordinary medical care in department facilities and
176 programs” means medical procedures that are administered or
177 performed on a routine basis and include, but are not limited
178 to, inoculations, physical examinations, remedial treatment for
179 minor illnesses and injuries, preventive services, medication
180 management, chronic disease detection and treatment, and other
181 medical procedures that are administered or performed on a
182 routine basis and that do not involve hospitalization, surgery,
183 or use of general anesthesia.
184 Section 6. Subsection (1) of section 985.125, Florida
185 Statutes, is amended to read:
186 985.125 Prearrest or postarrest diversion programs.—
187 (1) A law enforcement agency, or school district, county,
188 municipality, or the department, in cooperation with the state
189 attorney, is encouraged to may establish a prearrest or
190 postarrest diversion programs for first-time misdemeanor
191 offenders and offenders who are 9 years of age or younger
192 program.
193 Section 7. Paragraph (e) is added to subsection (1) of
194 section 985.441, Florida Statutes, to read:
195 985.441 Commitment.—
196 (1) The court that has jurisdiction of an adjudicated
197 delinquent child may, by an order stating the facts upon which a
198 determination of a sanction and rehabilitative program was made
199 at the disposition hearing:
200 (e) Commit the child to the department for placement in a
201 mother-infant program designed to serve the needs of the
202 juvenile mothers or expectant juvenile mothers who are committed
203 as delinquents. The department’s mother-infant program must be
204 licensed as a child care facility in accordance with s. 402.308,
205 and must provide the services and support necessary to enable
206 the committed juvenile mothers to provide for the needs of their
207 infants who, upon agreement of the mother, may accompany them in
208 the program. The department shall adopt rules to govern the
209 operation of such programs.
210 Section 8. Subsection (2) of section 985.601, Florida
211 Statutes, is amended to read:
212 985.601 Administering the juvenile justice continuum.—
213 (2)(a) The department shall develop and implement an
214 appropriate continuum of care that provides individualized,
215 multidisciplinary assessments, objective evaluations of relative
216 risks, and the matching of needs with placements for all
217 children under its care, and that uses a system of case
218 management to facilitate each child being appropriately
219 assessed, provided with services, and placed in a program that
220 meets the child’s needs.
221 (b) The department shall adopt rules to ensure the
222 effective delivery of services to children in the department’s
223 care and custody. The rules must address the delivery of:
224 1. Ordinary medical care in department facilities and
225 programs;
226 2. Mental health services in department facilities and
227 programs;
228 3. Substance abuse treatment services in department
229 facilities and programs; and
230 4. Services to children with developmental disabilities in
231 department facilities and programs.
232
233 The department shall coordinate its rulemaking with the
234 Department of Children and Family Services and the Agency for
235 Persons with Disabilities to ensure that the rules adopted under
236 this section do not encroach upon the substantive jurisdiction
237 of those agencies. The department shall include the above
238 mentioned entities in the rulemaking process, as appropriate.
239 Section 9. Section 985.644, Florida Statutes, is amended to
240 read:
241 985.644 Departmental contracting powers; personnel
242 standards and screening.—
243 (1) The department of Juvenile Justice or the Department of
244 Children and Family Services, as appropriate, may contract with
245 the Federal Government, other state departments and agencies,
246 county and municipal governments and agencies, public and
247 private agencies, and private individuals and corporations in
248 carrying out the purposes of, and the responsibilities
249 established in, this chapter.
250 (a) When the department of Juvenile Justice or the
251 Department of Children and Family Services contracts with a
252 provider for any program for children, all personnel, including
253 owners, operators, employees, and volunteers, in the facility
254 must be of good moral character. Each contract entered into by
255 either department for services delivered on an appointment or
256 intermittent basis by a provider that does not have regular
257 custodial responsibility for children and each contract with a
258 school for before or aftercare services must ensure that the
259 owners, operators, and all personnel who have direct contact
260 with children are of good moral character. A volunteer who
261 assists on an intermittent basis for less than 40 hours per
262 month need not be screened if the volunteer is under direct and
263 constant supervision by persons who meet the screening
264 requirements.
265 (b) The department of Juvenile Justice and the Department
266 of Children and Family Services shall require employment
267 screening pursuant to chapter 435, using the level 2 standards
268 set forth in that chapter for personnel in programs for children
269 or youths.
270 (c) The department of Juvenile Justice or the Department of
271 Children and Family Services may grant exemptions from
272 disqualification from working with children as provided in s.
273 435.07.
274 (2) The department may contract with the Federal
275 Government, other state departments and agencies, county and
276 municipal governments and agencies, public and private agencies,
277 and private individuals and corporations in carrying out the
278 purposes and the responsibilities of the delinquency services
279 and programs of the department.
280 (3) The department shall adopt a rule pursuant to chapter
281 120 establishing a procedure to provide notice of policy changes
282 that affect contracted delinquency services and programs. A
283 policy is defined as an operational requirement that applies to
284 only the specified contracted delinquency service or program.
285 The procedure shall include:
286 (a) Public notice of policy development.
287 (b) Opportunity for public comment on the proposed policy.
288 (c) Assessment for fiscal impact upon the department and
289 providers.
290 (d) The department’s response to comments received.
291 (4) When the department contracts with a provider for any
292 delinquency service or program, all personnel, including all
293 owners, operators, employees, and volunteers in the facility or
294 providing the service or program shall be of good moral
295 character. A volunteer who assists on an intermittent basis for
296 less than 40 hours per month is not required to be screened if
297 the volunteer is under direct and constant supervision by
298 persons who meet the screening requirements.
299 (4)(5)(a) For any person employed by the department, or by
300 a provider under contract with the department, in delinquency
301 facilities, services, or programs, the department shall require:
302 1. A level 2 employment screening pursuant to chapter 435
303 prior to employment.
304 2. A federal criminal records check by the Federal Bureau
305 of Investigation every 5 years following the date of the
306 person’s employment.
307 (b) Except for law enforcement, correctional, and
308 correctional probation officers, to whom s. 943.13(5) applies,
309 the department shall electronically submit to the Department of
310 Law Enforcement:
311 1. Fingerprint information obtained during the employment
312 screening required by subparagraph (a)1.
313 2. Beginning on December 15, 2005, Fingerprint information
314 for all persons employed by the department, or by a provider
315 under contract with the department, in delinquency facilities,
316 services, or programs if such fingerprint information has not
317 previously been electronically submitted to the Department of
318 Law Enforcement under this paragraph.
319 (c) All fingerprint information electronically submitted to
320 the Department of Law Enforcement under paragraph (b) shall be
321 retained by the Department of Law Enforcement and entered into
322 the statewide automated fingerprint identification system
323 authorized by s. 943.05(2)(b). Thereafter, such fingerprint
324 information shall be available for all purposes and uses
325 authorized for arrest fingerprint information entered into the
326 statewide automated fingerprint identification system pursuant
327 to s. 943.051 until the fingerprint information is removed
328 pursuant to paragraph (e). The Department of Law Enforcement
329 shall search all arrest fingerprint information received
330 pursuant to s. 943.051 against the fingerprint information
331 entered into the statewide automated fingerprint system pursuant
332 to this subsection. Any arrest records identified as a result of
333 the search shall be reported to the department in the manner and
334 timeframe established by the Department of Law Enforcement by
335 rule.
336 (d) The department shall pay an annual fee to the
337 Department of Law Enforcement for its costs resulting from the
338 fingerprint information retention services required by this
339 subsection. The amount of the annual fee and procedures for the
340 submission and retention of fingerprint information and for the
341 dissemination of search results shall be established by the
342 Department of Law Enforcement by a rule that is applicable to
343 the department individually pursuant to this subsection or that
344 is applicable to the department and other employing agencies
345 pursuant to rulemaking authority otherwise provided by law.
346 (e) The department shall notify the Department of Law
347 Enforcement when a person whose fingerprint information is
348 retained by the Department of Law Enforcement under this
349 subsection is no longer employed by the department, or by a
350 provider under contract with the department, in a delinquency
351 facility, service, or program. This notice shall be provided by
352 the department to the Department of Law Enforcement no later
353 than 6 months after the date of the change in the person’s
354 employment status. Fingerprint information for persons
355 identified by the department in the notice shall be removed from
356 the statewide automated fingerprint system.
357 (5)(6) The department may grant exemptions from
358 disqualification from working with children as provided in s.
359 435.07.
360 Section 10. Section 985.66, Florida Statutes, is amended to
361 read:
362 985.66 Juvenile justice training academies; staff
363 development and training Juvenile Justice Standards and Training
364 Commission; Juvenile Justice Training Trust Fund.—
365 (1) LEGISLATIVE PURPOSE.—In order to enable the state to
366 provide a systematic approach to staff development and training
367 for judges, state attorneys, public defenders, law enforcement
368 officers, school district personnel, and juvenile justice
369 program staff that will meet the needs of such persons in their
370 discharge of duties while at the same time meeting the
371 requirements for the American Correction Association
372 accreditation by the Commission on Accreditation for
373 Corrections, it is the purpose of the Legislature to require the
374 department to establish, maintain, and oversee the operation of
375 juvenile justice training academies in the state. The purpose of
376 the Legislature in establishing staff development and training
377 programs is to foster better staff morale and reduce
378 mistreatment and aggressive and abusive behavior in delinquency
379 programs; to positively impact the recidivism of children in the
380 juvenile justice system; and to afford greater protection of the
381 public through an improved level of services delivered by a
382 professionally trained juvenile justice program staff to
383 children who are alleged to be or who have been found to be
384 delinquent.
385 (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
386 STANDARDS AND TRAINING COMMISSION.—
387 (a) There is created under the Department of Juvenile
388 Justice the Juvenile Justice Standards and Training Commission,
389 hereinafter referred to as the commission. The 17-member
390 commission shall consist of the Attorney General or designee,
391 the Commissioner of Education or designee, a member of the
392 juvenile court judiciary to be appointed by the Chief Justice of
393 the Supreme Court, and 14 members to be appointed by the
394 Secretary of Juvenile Justice as follows:
395 1. Seven members shall be juvenile justice professionals: a
396 superintendent or a direct care staff member from an
397 institution; a director from a contracted community-based
398 program; a superintendent and a direct care staff member from a
399 regional detention center or facility; a juvenile probation
400 officer supervisor and a juvenile probation officer; and a
401 director of a day treatment or conditional release program. No
402 fewer than three of these members shall be contract providers.
403 2. Two members shall be representatives of local law
404 enforcement agencies.
405 3. One member shall be an educator from the state’s
406 university and community college program of criminology,
407 criminal justice administration, social work, psychology,
408 sociology, or other field of study pertinent to the training of
409 juvenile justice program staff.
410 4. One member shall be a member of the public.
411 5. One member shall be a state attorney, or assistant state
412 attorney, who has juvenile court experience.
413 6. One member shall be a public defender, or assistant
414 public defender, who has juvenile court experience.
415 7. One member shall be a representative of the business
416 community.
417
418 All appointed members shall be appointed to serve terms of 2
419 years.
420 (b) The composition of the commission shall be broadly
421 reflective of the public and shall include minorities and women.
422 The term “minorities” as used in this paragraph means a member
423 of a socially or economically disadvantaged group that includes
424 blacks, Hispanics, and American Indians.
425 (c) The Department of Juvenile Justice shall provide the
426 commission with staff necessary to assist the commission in the
427 performance of its duties.
428 (d) The commission shall annually elect its chairperson and
429 other officers. The commission shall hold at least four regular
430 meetings each year at the call of the chairperson or upon the
431 written request of three members of the commission. A majority
432 of the members of the commission constitutes a quorum. Members
433 of the commission shall serve without compensation but are
434 entitled to be reimbursed for per diem and travel expenses as
435 provided by s. 112.061 and these expenses shall be paid from the
436 Juvenile Justice Training Trust Fund.
437 (e) The department powers, duties, and functions of the
438 commission shall be to:
439 (a)1. Designate the location of the training academies;
440 develop, implement, maintain, and update the curriculum to be
441 used in the training of delinquency juvenile justice program
442 staff; establish timeframes for participation in and completion
443 of training by delinquency juvenile justice program staff;
444 develop, implement, maintain, and update job-related
445 examinations; develop, implement, and update the types and
446 frequencies of evaluations of the training academies; approve,
447 modify, or disapprove the budget for the training academies, and
448 the contractor to be selected to organize and operate the
449 training academies and to provide the training curriculum.
450 (b)2. Establish uniform minimum job-related training
451 courses and examinations for delinquency juvenile justice
452 program staff.
453 (c)3. Consult and cooperate with the state or any political
454 subdivision; any private entity or contractor; and with private
455 and public universities, colleges, community colleges, and other
456 educational institutions concerning the development of juvenile
457 justice training and programs or courses of instruction,
458 including, but not limited to, education and training in the
459 areas of juvenile justice.
460 (d)4. Enter into With the approval of the department, make
461 and enter into such contracts and agreements with other
462 agencies, organizations, associations, corporations,
463 individuals, or federal agencies as the commission determines
464 are necessary in the execution of the its powers of the
465 department or the performance of its duties.
466 5. Make recommendations to the Department of Juvenile
467 Justice concerning any matter within the purview of this
468 section.
469 (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
470 commission shall establish a certifiable program for juvenile
471 justice training pursuant to this section, and all delinquency
472 department program staff and providers who deliver direct care
473 services pursuant to contract with the department shall be
474 required to participate in and successfully complete the
475 department-approved commission-approved program of training
476 pertinent to their areas of responsibility. Judges, state
477 attorneys, and public defenders, law enforcement officers, and
478 school district personnel may participate in such training
479 program. For the delinquency juvenile justice program staff, the
480 department commission shall, based on a job-task analysis:
481 (a) Design, implement, maintain, evaluate, and revise a
482 basic training program, including a competency-based
483 examination, for the purpose of providing minimum employment
484 training qualifications for all juvenile justice personnel. All
485 program staff of the department and providers who deliver
486 direct-care services who are hired after October 1, 1999, must
487 meet the following minimum requirements:
488 1. Be at least 19 years of age.
489 2. Be a high school graduate or its equivalent as
490 determined by the department commission.
491 3. Not have been convicted of any felony or a misdemeanor
492 involving perjury or a false statement, or have received a
493 dishonorable discharge from any of the Armed Forces of the
494 United States. Any person who, after September 30, 1999, pleads
495 guilty or nolo contendere to or is found guilty of any felony or
496 a misdemeanor involving perjury or false statement is not
497 eligible for employment, notwithstanding suspension of sentence
498 or withholding of adjudication. Notwithstanding this
499 subparagraph, any person who pled nolo contendere to a
500 misdemeanor involving a false statement before October 1, 1999,
501 and who has had such record of that plea sealed or expunged is
502 not ineligible for employment for that reason.
503 4. Abide by all the provisions of s. 985.644(1) regarding
504 fingerprinting and background investigations and other screening
505 requirements for personnel.
506 5. Execute and submit to the department an affidavit-of
507 application form, adopted by the department, attesting to his or
508 her compliance with subparagraphs 1.-4. The affidavit must be
509 executed under oath and constitutes an official statement under
510 s. 837.06. The affidavit must include conspicuous language that
511 the intentional false execution of the affidavit constitutes a
512 misdemeanor of the second degree. The employing agency shall
513 retain the affidavit.
514 (b) Design, implement, maintain, evaluate, and revise an
515 advanced training program, including a competency-based
516 examination for each training course, which is intended to
517 enhance knowledge, skills, and abilities related to job
518 performance.
519 (c) Design, implement, maintain, evaluate, and revise a
520 career development training program, including a competency
521 based examination for each training course. Career development
522 courses are intended to prepare personnel for promotion.
523 (d) The department commission is encouraged to design,
524 implement, maintain, evaluate, and revise juvenile justice
525 training courses, or to enter into contracts for such training
526 courses, that are intended to provide for the safety and well
527 being of both citizens and juvenile offenders.
528 (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
529 (a) There is created within the State Treasury a Juvenile
530 Justice Training Trust Fund to be used by the Department of
531 Juvenile Justice for the purpose of funding the development and
532 updating of a job-task analysis of delinquency program staff
533 juvenile justice personnel; the development, implementation, and
534 updating of job-related training courses and examinations; and
535 the cost of commission-approved juvenile justice training
536 courses; and reimbursement for expenses as provided in s.
537 112.061 for members of the commission and staff.
538 (b) One dollar from every noncriminal traffic infraction
539 collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
540 deposited into the Juvenile Justice Training Trust Fund.
541 (c) In addition to the funds generated by paragraph (b),
542 the trust fund may receive funds from any other public or
543 private source.
544 (d) Funds that are not expended by the end of the budget
545 cycle or through a supplemental budget approved by the
546 department shall revert to the trust fund.
547 (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
548 The number, location, and establishment of juvenile justice
549 training academies shall be determined by the department
550 commission.
551 (6) SCHOLARSHIPS AND STIPENDS.—
552 (a) By rule, the department commission shall establish
553 criteria to award scholarships or stipends to qualified
554 delinquency program staff juvenile justice personnel who are
555 residents of the state who want to pursue a bachelor’s or
556 associate in arts degree in juvenile justice or a related field.
557 The department shall handle the administration of the
558 scholarship or stipend. The Department of Education shall handle
559 the notes issued for the payment of the scholarships or
560 stipends. All scholarship and stipend awards shall be paid from
561 the Juvenile Justice Training Trust Fund upon vouchers approved
562 by the Department of Education and properly certified by the
563 Chief Financial Officer. Prior to the award of a scholarship or
564 stipend, the delinquency program staff juvenile justice employee
565 must agree in writing to practice her or his profession in
566 juvenile justice or a related field for 1 month for each month
567 of grant or to repay the full amount of the scholarship or
568 stipend together with interest at the rate of 5 percent per
569 annum over a period not to exceed 10 years. Repayment shall be
570 made payable to the state for deposit into the Juvenile Justice
571 Training Trust Fund.
572 (b) The department commission may establish the scholarship
573 program by rule and implement the program on or after July 1,
574 1996.
575 (7) ADOPTION OF RULES.—The department commission shall
576 adopt rules as necessary to administer carry out the provisions
577 of this section.
578 (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
579 MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
580 Risk Management of the Department of Financial Services is
581 authorized to insure a private agency, individual, or
582 corporation operating a state-owned training school under a
583 contract to carry out the purposes and responsibilities of any
584 program of the department. The coverage authorized herein shall
585 be under the same general terms and conditions as the department
586 is insured for its responsibilities under chapter 284.
587 (9) DELINQUENCY PROGRAM STAFF DEFINED.—As used in this
588 section, the term “delinquency program staff” means supervisory
589 and direct care staff of a delinquency program as well as
590 support staff who have direct contact with children in a
591 delinquency program that is owned and operated by the
592 department. The Juvenile Justice Standards and Training
593 Commission is terminated on June 30, 2001, and such termination
594 shall be reviewed by the Legislature prior to that date.
595 Section 11. Subsection (3) of section 985.664, Florida
596 Statutes, is amended to read:
597 985.664 Juvenile justice circuit boards and juvenile
598 justice county councils.—
599 (3) Juvenile justice circuit boards and county councils
600 shall also participate in facilitating interagency cooperation
601 and information sharing with local school authorities, law
602 enforcement agencies, state attorneys, public defenders,
603 judicial entities, local representatives of the department, the
604 Department of Children and Family Services, and faith-based and
605 community-based organizations for the purpose of forwarding the
606 goals of the county or circuit plan. An interagency
607 collaboration agreement shall specify how the community’s
608 entities will cooperate, collaborate, and share information in
609 order to achieve the goals of the juvenile justice prevention
610 and early intervention plan or the comprehensive plan for the
611 circuit. Juvenile justice circuit boards and county councils
612 shall use due diligence in notifying the community of board
613 vacancies through various community outreach outlets, such as
614 community newspapers, churches, and free public announcements.
615 Section 12. This act shall take effect July 1, 2009.