Florida Senate - 2009 SB 2218
By Senator Wise
5-01476-09 20092218__
1 A bill to be entitled
2 An act relating to juvenile and criminal justice;
3 amending s. 20.316, F.S.; requiring the Department of
4 Juvenile Justice to establish the Juvenile Justice
5 Policy Research Institute within the department;
6 specifying purposes of the institute; amending s.
7 27.51, F.S.; providing that public defenders are
8 available to juveniles at all stages of delinquency
9 court proceedings; amending s. 394.492, F.S.;
10 providing that a child referred for a delinquent act
11 when he or she was younger than age 11 may be
12 considered at risk of emotional disturbance and
13 therefore subject to referral for mental health
14 services; amending ss. 984.03 and 985.03, F.S.;
15 correcting terminology in the definition of “child in
16 need of services”; amending s. 409.9025, F.S.;
17 providing for Medicaid eligibility for juveniles
18 committed to certain residential juvenile programs;
19 amending s. 943.0515, F.S.; requiring the Department
20 of Law Enforcement to notify specified agencies of the
21 criminal history records of a minor which are
22 expunged; requiring the arresting agency, the county,
23 and the department to send the notice of expungement
24 to those entities that received the criminal history
25 records information; requiring that criminal history
26 records that are to be expunged be physically
27 destroyed or obliterated by the criminal justice
28 agency having physical custody of the records;
29 providing an exception; amending s. 943.0585, F.S.;
30 prohibiting certain criminal history records from
31 being expunged; providing that other records may be
32 expunged under certain circumstances; providing that
33 certain information be included in the application for
34 a certificate of eligibility for expunction; providing
35 for county responsibilities when a county has
36 disseminated criminal history record information that
37 is the subject of an expungement order; prohibiting an
38 agency, organization, or company to which criminal
39 history record information was disseminated from
40 releasing the expunged information after a specified
41 period; amending s. 943.059, F.S.; prohibiting certain
42 criminal records from being sealed; providing that
43 other records may be sealed under certain
44 circumstances; requiring that certain information be
45 included in the application for a certificate of
46 eligibility for sealing; providing for county
47 responsibilities when a county has disseminated
48 criminal history record information that is the
49 subject of a sealing order; prohibiting an agency,
50 organization, or company to which criminal history
51 record information was disseminated from releasing the
52 sealed information after a specified period; amending
53 s. 943.0582, F.S.; conforming a cross-reference;
54 defining the term “violent offense”; providing for
55 automatic expunction of the arrest record of a minor
56 for a nonviolent first offense if no charges or
57 petition was brought concerning the offense; providing
58 for reversal of the expunction if the person is
59 subsequently found to have committed a criminal
60 offense or comparable ordinance violation; amending s.
61 985.125, F.S.; providing for establishment of
62 prearrest or postarrest diversion programs by
63 additional agencies; creating s. 985.165, F.S.;
64 providing legislative findings; requiring state
65 funding of community-based substance abuse
66 intervention, evaluation, and treatment services
67 programs in each judicial circuit; providing for
68 diversion of certain first-time drug offenders into
69 such programs; amending s. 985.245, F.S.; requiring
70 the juvenile risk assessment instrument to allow
71 additional points to be assessed against a child who
72 is charged with a felony and who has a prior
73 residential delinquency commitment; amending s.
74 985.441, F.S.; providing for commitment of juveniles
75 who are pregnant or mothers with infant children in
76 small family-style, community-based programs when
77 appropriate; creating s. 985.461, F.S.; requiring that
78 all youth exiting juvenile justice commitment programs
79 have made available to them the services of an
80 identified community-based, interagency transition
81 planning team; creating s. 985.495, F.S.; requiring
82 the Department of Juvenile Justice to provide access
83 to community-based, gender-specific aftercare services
84 to all girls in transition from department programs;
85 requiring that the department place such girls under
86 female probation or conditional release case managers;
87 providing for creation of a female caseload
88 supervision team in certain circumstances; creating s.
89 985.566, F.S.; requiring mandatory parole hearings for
90 certain inmates who are sentenced to an adult
91 correctional facility as a child, who have not
92 committed a specified offense, and who have served a
93 specified period of time; providing that inmates
94 convicted of specified offenses are ineligible;
95 providing for participation of victims in such
96 hearings; amending s. 985.622, F.S.; requiring that
97 certain juvenile justice programs offer vocational
98 training; requiring the Department of Juvenile Justice
99 to work with the Agency for Workforce Innovation and
100 Workforce Florida, Inc., to ensure that all job skills
101 training is in areas directly tied to careers listed
102 on Florida's targeted occupation list; deleting
103 obsolete provisions; amending s. 985.644, F.S.;
104 requiring the Department of Juvenile Justice to
105 conduct demonstration projects that emphasize the
106 benefits of outcome-based contracting with certain
107 performance standard requirements; authorizing the use
108 of interim and long-term outcome performance measures;
109 requiring projects to be completed by a specified
110 date; amending s. 435.04, F.S.; authorizing the
111 Department of Juvenile Justice, in certain
112 circumstances, to hire persons for employment in youth
113 facilities who were formerly in the juvenile justice
114 system and exited successfully; amending s. 985.644,
115 F.S.; authorizing the Department of Juvenile Justice
116 to conditionally hire juvenile justice employees upon
117 successful completion of a preliminary background
118 screening, but prior to a full background screening,
119 under specified conditions; amending s. 985.664, F.S.;
120 providing that juvenile justice circuit boards and
121 juvenile justice county councils may receive funds
122 through local discretionary grants for specified
123 purposes; amending s. 1006.13, F.S.; providing that
124 zero-tolerance policies does not apply to petty acts
125 of misconduct and misdemeanors; requiring that
126 discipline or prosecution for a violation of a zero
127 tolerance policy should be based on considerations of
128 an individual student and particular circumstances;
129 providing that school districts should involve law
130 enforcement agencies only for serious offenses that
131 threaten safety and use alternatives to expulsion or
132 referral for prosecution in certain circumstances;
133 amending s. 1011.62, F.S., relating to allocations
134 from the Florida Education Finance Program to school
135 districts for the operation of schools; providing for
136 the establishment of a cost factor for students in
137 juvenile justice education programs; requiring the
138 Department of Juvenile Justice, in consultation with
139 representatives of specified entities, to conduct a
140 review of the detention risk assessment instrument;
141 providing for creation of a Disproportionate Minority
142 Contact Task Force; providing for membership, goals,
143 and duties; requiring a report; providing for
144 dissolution of the task force; providing for pilot
145 projects for reduction of disproportionate minority
146 contact; providing for goals of the pilot projects;
147 requiring reports; providing for termination of the
148 pilot projects; directing the Children and Youth
149 Cabinet to coordinate and assist specified entities in
150 reviewing and amending K-12 zero-tolerance policies;
151 providing for goals of the review; providing
152 legislative findings; requiring the Department of
153 Juvenile Justice to identify service areas that
154 promote the concept of community-based programs;
155 requiring a report; requiring the Governor to
156 establish a task force to review and make
157 recommendations to modify current statutes or
158 practices associated with restoration of competency;
159 providing for membership; requiring a report;
160 providing for termination of the task force; requiring
161 the Governor to establish a task force to perform a
162 role delineation study and review and make
163 recommendations concerning specified issues; requiring
164 a report; providing for termination of the task force;
165 requiring the Department of Corrections, the
166 Department of Juvenile Justice, and the Department of
167 Children and Family Services to work with a university
168 in the State University System to calculate the return
169 on investment and cost savings of crime reduction
170 through effective prevention and intervention
171 programming; requiring a report; reenacting s.
172 402.22(4) and (7), F.S., relating to educational
173 programs for students in residential care facilities,
174 to incorporate the amendments made to s. 1011.62,
175 F.S., in a reference thereto; reenacting ss.
176 985.66(3)(a) and 985.688(10)(b), F.S., relating to
177 juvenile justice training academies and county and
178 municipal delinquency programs and facilities,
179 respectively, to incorporate the amendments made to s.
180 985.644, F.S., in a reference thereto; providing an
181 effective date.
182
183 Be It Enacted by the Legislature of the State of Florida:
184
185 Section 1. Subsection (5) is added to section 20.316,
186 Florida Statutes, to read:
187 20.316 Department of Juvenile Justice.—There is created a
188 Department of Juvenile Justice.
189 (5) RESEARCH INSTITUTE.—The department shall establish the
190 Juvenile Justice Policy Research Institute, which shall be
191 headed by a director. The institute shall be the principal unit
192 for research services within the department and shall provide
193 technical assistance, best practices, and policy and research
194 assistance and support to the policymakers of the department.
195 Section 2. Subsection (1) of section 27.51, Florida
196 Statutes, is amended to read:
197 27.51 Duties of public defender.—
198 (1) The public defender shall represent, without additional
199 compensation, any person determined to be indigent under s.
200 27.52 and:
201 (a) Under arrest for, or charged with, a felony;
202 (b) Under arrest for, or charged with:
203 1. A misdemeanor authorized for prosecution by the state
204 attorney;
205 2. A violation of chapter 316 punishable by imprisonment;
206 3. Criminal contempt; or
207 4. A violation of a special law or county or municipal
208 ordinance ancillary to a state charge, or if not ancillary to a
209 state charge, only if the public defender contracts with the
210 county or municipality to provide representation pursuant to ss.
211 27.54 and 125.69.
212
213 The public defender shall not provide representation pursuant to
214 this paragraph if the court, prior to trial, files in the cause
215 an order of no imprisonment as provided in s. 27.512;
216 (c) Alleged to be a delinquent child at all stages of any
217 delinquency court proceedings pursuant to a petition filed
218 before a circuit court;
219 (d) Sought by petition filed in such court to be
220 involuntarily placed as a mentally ill person under part I of
221 chapter 394, involuntarily committed as a sexually violent
222 predator under part V of chapter 394, or involuntarily admitted
223 to residential services as a person with developmental
224 disabilities under chapter 393. A public defender shall not
225 represent any plaintiff in a civil action brought under the
226 Florida Rules of Civil Procedure, the Federal Rules of Civil
227 Procedure, or the federal statutes, or represent a petitioner in
228 a rule challenge under chapter 120, unless specifically
229 authorized by statute;
230 (e) Convicted and sentenced to death, for purposes of
231 handling an appeal to the Supreme Court; or
232 (f) Is appealing a matter in a case arising under
233 paragraphs (a)-(d).
234 Section 3. Paragraph (i) is added to subsection (4) of
235 section 394.492, Florida Statutes, to read:
236 394.492 Definitions.—As used in ss. 394.490-394.497, the
237 term:
238 (4) “Child or adolescent at risk of emotional disturbance”
239 means a person under 18 years of age who has an increased
240 likelihood of becoming emotionally disturbed because of risk
241 factors that include, but are not limited to:
242 (i) Being 11 years of age or younger at the time of
243 referral for a delinquent act.
244 Section 4. Subsection (9) of section 984.03, Florida
245 Statutes, is amended to read:
246 984.03 Definitions.—When used in this chapter, the term:
247 (9) “Child in need of services” means a child for whom
248 there is no pending investigation into an allegation or
249 suspicion of abuse, neglect, or abandonment; no pending petition
250 referral alleging the child is delinquent; or no current
251 supervision by the Department of Juvenile Justice or the
252 Department of Children and Family Services for an adjudication
253 of dependency or delinquency. The child must also, pursuant to
254 this chapter, be found by the court:
255 (a) To have persistently run away from the child's parents
256 or legal custodians despite reasonable efforts of the child, the
257 parents or legal custodians, and appropriate agencies to remedy
258 the conditions contributing to the behavior. Reasonable efforts
259 shall include voluntary participation by the child's parents or
260 legal custodians and the child in family mediation, services,
261 and treatment offered by the Department of Juvenile Justice or
262 the Department of Children and Family Services;
263 (b) To be habitually truant from school, while subject to
264 compulsory school attendance, despite reasonable efforts to
265 remedy the situation pursuant to ss. 1003.26 and 1003.27 and
266 through voluntary participation by the child's parents or legal
267 custodians and by the child in family mediation, services, and
268 treatment offered by the Department of Juvenile Justice or the
269 Department of Children and Family Services; or
270 (c) To have persistently disobeyed the reasonable and
271 lawful demands of the child's parents or legal custodians, and
272 to be beyond their control despite efforts by the child's
273 parents or legal custodians and appropriate agencies to remedy
274 the conditions contributing to the behavior. Reasonable efforts
275 may include such things as good faith participation in family or
276 individual counseling.
277 Section 5. Subsection (7) of section 985.03, Florida
278 Statutes, is amended to read:
279 985.03 Definitions.—As used in this chapter, the term:
280 (7) “Child in need of services” means a child for whom
281 there is no pending investigation into an allegation or
282 suspicion of abuse, neglect, or abandonment; no pending petition
283 referral alleging the child is delinquent; or no current
284 supervision by the department or the Department of Children and
285 Family Services for an adjudication of dependency or
286 delinquency. The child must also, under this chapter, be found
287 by the court:
288 (a) To have persistently run away from the child's parents
289 or legal custodians despite reasonable efforts of the child, the
290 parents or legal custodians, and appropriate agencies to remedy
291 the conditions contributing to the behavior. Reasonable efforts
292 shall include voluntary participation by the child's parents or
293 legal custodians and the child in family mediation, services,
294 and treatment offered by the department or the Department of
295 Children and Family Services;
296 (b) To be habitually truant from school, while subject to
297 compulsory school attendance, despite reasonable efforts to
298 remedy the situation under ss. 1003.26 and 1003.27 and through
299 voluntary participation by the child's parents or legal
300 custodians and by the child in family mediation, services, and
301 treatment offered by the Department of Juvenile Justice or the
302 Department of Children and Family Services; or
303 (c) To have persistently disobeyed the reasonable and
304 lawful demands of the child's parents or legal custodians, and
305 to be beyond their control despite efforts by the child's
306 parents or legal custodians and appropriate agencies to remedy
307 the conditions contributing to the behavior. Reasonable efforts
308 may include such things as good faith participation in family or
309 individual counseling.
310 Section 6. Section 409.9025, Florida Statutes, is amended
311 to read:
312 409.9025 Eligibility while an inmate or in certain juvenile
313 programs.—
314 (1) Notwithstanding any other provision of law other than
315 s. 409.9021, if in the event that a person who is an inmate in
316 the state's correctional system as defined in s. 944.02, in a
317 county detention facility as defined in s. 951.23, or in a
318 municipal detention facility as defined in s. 951.23, or
319 committed to a high-risk residential or maximum-risk residential
320 juvenile program as defined in s. 985.03(44) was in receipt of
321 medical assistance under this chapter immediately prior to being
322 admitted as an inmate or committed, such person shall remain
323 eligible for medical assistance while an inmate or while
324 committed, except that no medical assistance may not shall be
325 furnished under this chapter for any care, services, or supplies
326 provided during such time as the person is an inmate.; however,
327 nothing in This section shall not be deemed as preventing the
328 provision of medical assistance for inpatient hospital services
329 furnished to such person an inmate at a hospital outside of the
330 premises of the place of incarceration or commitment inmate's
331 facility to the extent that federal financial participation is
332 available for the costs of such services.
333 (2) Upon release from incarceration or commitment, such
334 person shall continue to be eligible for receipt of medical
335 assistance furnished under this chapter until such time as the
336 person is otherwise determined to no longer be eligible for such
337 assistance.
338 (3) To the extent permitted by federal law, the time during
339 which a such person is an inmate or was committed to a juvenile
340 program described in subsection (1) shall not be included in any
341 calculation of when the person must recertify his or her
342 eligibility for medical assistance in accordance with this
343 chapter.
344 Section 7. Present subsection (3) of section 943.0515,
345 Florida Statutes, is renumbered as subsection (5) and new
346 subsections (3) and (4) are added to that section, to read:
347 943.0515 Retention of criminal history records of minors.—
348 (3) The department shall notify the appropriate clerk of
349 the court, the state attorney or statewide prosecutor, the
350 county, and the arresting agency of any criminal history record
351 that is expunged under this section. The arresting agency shall
352 send the department's notification to any other agency to which
353 the arresting agency disseminated the criminal history record
354 information and to which the order pertains. The county shall
355 send the department's notification to any agency, organization,
356 or company to which the county disseminated the criminal history
357 information and to which the order pertains. The department
358 shall send the notification of expungement to the Federal Bureau
359 of Investigation. The clerk of the court shall certify a copy of
360 the department's notification to any other agency that has
361 received the criminal history record, as reflected in the
362 records of the court.
363 (4) Any criminal history record that is expunged by the
364 department under this section must be physically destroyed or
365 obliterated by any criminal justice agency that has custody of
366 the record, except that a criminal history record in the custody
367 of the department must be retained in all cases.
368 Section 8. Section 943.0585, Florida Statutes, is amended
369 to read:
370 943.0585 Court-ordered expunction of criminal history
371 records.—The courts of this state have jurisdiction over their
372 own procedures, including the maintenance, expunction, and
373 correction of judicial records containing criminal history
374 information to the extent such procedures are not inconsistent
375 with the conditions, responsibilities, and duties established by
376 this section. Any court of competent jurisdiction may order a
377 criminal justice agency to expunge the criminal history record
378 of a minor or an adult who complies with the requirements of
379 this section. The court shall not order a criminal justice
380 agency to expunge a criminal history record until the person
381 seeking to expunge a criminal history record has applied for and
382 received a certificate of eligibility for expunction pursuant to
383 subsection (3) (2).
384 (1) PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.—A
385 criminal history record that relates to a violation of s.
386 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
387 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
388 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
389 916.1075, a violation enumerated in s. 907.041, or any violation
390 specified as a predicate offense for registration as a sexual
391 predator pursuant to s. 775.21, without regard to whether that
392 offense alone is sufficient to require such registration, or for
393 registration as a sexual offender pursuant to s. 943.0435, may
394 not be expunged, without regard to whether adjudication was
395 withheld, if the defendant was found guilty of or pled guilty or
396 nolo contendere to the offense, or if the defendant, as a minor,
397 was found to have committed, or pled guilty or nolo contendere
398 to committing, the offense as a delinquent act, even if the
399 adjudication was withheld. The prohibition applies only to cases
400 in which the defendant, including a minor, was found guilty of
401 or pled guilty or nolo contendere to the offense. In all other
402 instances involving the enumerated offenses in this subsection,
403 the record may be expunged if an indictment, information, or
404 other charging document was not filed or issued in the case or,
405 if filed or issued in the case, was dismissed or nolle prosequi
406 by the state attorney or statewide prosecutor or was dismissed
407 by a court of competent jurisdiction, or the person was found
408 not guilty or acquitted by a judge or jury. The court may only
409 order expunction of a criminal history record pertaining to one
410 arrest or one incident of alleged criminal activity, except as
411 provided in this section. The court may, at its sole discretion,
412 order the expunction of a criminal history record pertaining to
413 more than one arrest if the additional arrests directly relate
414 to the original arrest. If the court intends to order the
415 expunction of records pertaining to such additional arrests,
416 such intent must be specified in the order. A criminal justice
417 agency may not expunge any record pertaining to such additional
418 arrests if the order to expunge does not articulate the
419 intention of the court to expunge a record pertaining to more
420 than one arrest. This section does not prevent the court from
421 ordering the expunction of only a portion of a criminal history
422 record pertaining to one arrest or one incident of alleged
423 criminal activity. Notwithstanding any law to the contrary, a
424 criminal justice agency may comply with laws, court orders, and
425 official requests of other jurisdictions relating to expunction,
426 correction, or confidential handling of criminal history records
427 or information derived therefrom. This section does not confer
428 any right to the expunction of any criminal history record, and
429 any request for expunction of a criminal history record may be
430 denied at the sole discretion of the court.
431 (2)(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
432 petition to a court to expunge a criminal history record is
433 complete only when accompanied by:
434 (a) A valid certificate of eligibility for expunction
435 issued by the department pursuant to subsection (3) (2).
436 (b) The petitioner's sworn statement attesting that the
437 petitioner:
438 1. Has never, prior to the date on which the petition is
439 filed, been adjudicated guilty of a criminal offense or
440 comparable ordinance violation, or been adjudicated delinquent
441 for committing any felony or a misdemeanor specified in s.
442 943.051(3)(b).
443 2. Has not been adjudicated guilty of, or adjudicated
444 delinquent for committing, any of the acts stemming from the
445 arrest or alleged criminal activity to which the petition
446 pertains.
447 3. Except as otherwise provided in this section, has never
448 secured a prior sealing or expunction of a criminal history
449 record under this section, former s. 893.14, former s. 901.33,
450 or former s. 943.058, or from any jurisdiction outside the
451 state, unless expunction is sought of a criminal history record
452 previously sealed for 10 years pursuant to paragraph (3)(h)
453 (2)(h) and the record is otherwise eligible for expunction.
454 4. Is eligible for such an expunction to the best of his or
455 her knowledge or belief and does not have any other petition to
456 expunge or any petition to seal pending before any court.
457
458 Any person who knowingly provides false information on such
459 sworn statement to the court commits a felony of the third
460 degree, punishable as provided in s. 775.082, s. 775.083, or s.
461 775.084.
462 (3)(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before
463 Prior to petitioning the court to expunge a criminal history
464 record, a person seeking to expunge a criminal history record
465 shall apply to the department for a certificate of eligibility
466 for expunction. The department shall, by rule adopted pursuant
467 to chapter 120, establish procedures pertaining to the
468 application for and issuance of certificates of eligibility for
469 expunction. A certificate of eligibility for expunction is valid
470 for 12 months after the date stamped on the certificate when
471 issued by the department. After that time, the petitioner must
472 reapply to the department for a new certificate of eligibility.
473 Eligibility for a renewed certification of eligibility must be
474 based on the status of the applicant and the law in effect at
475 the time of the renewal application. The department shall issue
476 a certificate of eligibility for expunction to a person who is
477 the subject of a criminal history record if that person:
478 (a) Has obtained, and submitted to the department, a
479 written, certified statement from the appropriate state attorney
480 or statewide prosecutor which indicates:
481 1. That an indictment, information, or other charging
482 document was not filed or issued in the case.
483 2. That an indictment, information, or other charging
484 document, if filed or issued in the case, was dismissed or nolle
485 prosequi by the state attorney or statewide prosecutor, or was
486 dismissed by a court of competent jurisdiction, or that the
487 person was found not guilty or acquitted by a judge or jury, and
488 that none of the charges related to the arrest or alleged
489 criminal activity to which the petition to expunge pertains
490 resulted in a trial, without regard to whether the outcome of
491 the trial was other than an adjudication of guilt.
492 3. That the criminal history record does not relate to a
493 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
494 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
495 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
496 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
497 any violation specified as a predicate offense for registration
498 as a sexual predator pursuant to s. 775.21, without regard to
499 whether that offense alone is sufficient to require such
500 registration, or for registration as a sexual offender pursuant
501 to s. 943.0435, where the defendant was found guilty of, or pled
502 guilty or nolo contendere to any such offense, or that the
503 defendant, as a minor, was found to have committed, or pled
504 guilty or nolo contendere to committing, such an offense as a
505 delinquent act, without regard to whether adjudication was
506 withheld.
507 (b) Remits a $75 processing fee to the department for
508 placement in the Department of Law Enforcement Operating Trust
509 Fund, unless such fee is waived by the executive director.
510 (c) Has submitted to the department a certified copy of the
511 disposition of the charge to which the petition to expunge
512 pertains.
513 (d) Has never, prior to the date on which the application
514 for a certificate of eligibility is filed, been adjudicated
515 guilty of a criminal offense or comparable ordinance violation,
516 or been adjudicated delinquent for committing any felony or a
517 misdemeanor specified in s. 943.051(3)(b).
518 (e) Has not been adjudicated guilty of, or adjudicated
519 delinquent for committing, any of the acts stemming from the
520 arrest or alleged criminal activity to which the petition to
521 expunge pertains.
522 (f) Has never secured a prior sealing or expunction of a
523 criminal history record under this section, former s. 893.14,
524 former s. 901.33, or former s. 943.058 involving an offense for
525 which the defendant had been found guilty or pled guilty or nolo
526 contendere, unless expunction is sought of a criminal history
527 record previously sealed for 10 years pursuant to paragraph (h)
528 and the record is otherwise eligible for expunction.
529 (g) Is no longer under court supervision applicable to the
530 disposition of the arrest or alleged criminal activity to which
531 the petition to expunge pertains.
532 (h) Has previously obtained a court order sealing the
533 record under this section, former s. 893.14, former s. 901.33,
534 or former s. 943.058 for a minimum of 10 years because
535 adjudication was withheld or because all charges related to the
536 arrest or alleged criminal activity to which the petition to
537 expunge pertains were not dismissed prior to trial, without
538 regard to whether the outcome of the trial was other than an
539 adjudication of guilt. The requirement for the record to have
540 previously been sealed for a minimum of 10 years does not apply
541 when a plea was not entered or all charges related to the arrest
542 or alleged criminal activity to which the petition to expunge
543 pertains were dismissed prior to trial.
544 (4)(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
545 (a) In judicial proceedings under this section, a copy of
546 the completed petition to expunge shall be served upon the
547 appropriate state attorney or the statewide prosecutor and upon
548 the arresting agency; however, it is not necessary to make any
549 agency other than the state a party. The appropriate state
550 attorney or the statewide prosecutor and the arresting agency
551 may respond to the court regarding the completed petition to
552 expunge.
553 (b) If relief is granted by the court, the clerk of the
554 court shall certify copies of the order to the appropriate state
555 attorney or the statewide prosecutor, the county, and the
556 arresting agency. The arresting agency is responsible for
557 forwarding the order to any other agency to which the arresting
558 agency disseminated the criminal history record information to
559 which the order pertains. The county is responsible for
560 forwarding the order to any agency, organization, or company to
561 which the county disseminated the criminal history record
562 information to which the order pertains. The department shall
563 forward the order to expunge to the Federal Bureau of
564 Investigation. The clerk of the court shall certify a copy of
565 the order to any other agency which the records of the court
566 reflect has received the criminal history record from the court.
567 (c) For an order to expunge entered by a court prior to
568 July 1, 1992, the department shall notify the appropriate state
569 attorney or statewide prosecutor of an order to expunge which is
570 contrary to law because the person who is the subject of the
571 record has previously been convicted of a crime or comparable
572 ordinance violation or has had a prior criminal history record
573 sealed or expunged. Upon receipt of such notice, the appropriate
574 state attorney or statewide prosecutor shall take action, within
575 60 days, to correct the record and petition the court to void
576 the order to expunge. The department shall seal the record until
577 such time as the order is voided by the court.
578 (d) On or after July 1, 1992, the department or any other
579 criminal justice agency is not required to act on an order to
580 expunge entered by a court when such order does not comply with
581 the requirements of this section. Upon receipt of such an order,
582 the department must notify the issuing court, the appropriate
583 state attorney or statewide prosecutor, the petitioner or the
584 petitioner's attorney, and the arresting agency of the reason
585 for noncompliance. The appropriate state attorney or statewide
586 prosecutor shall take action within 60 days to correct the
587 record and petition the court to void the order. No cause of
588 action, including contempt of court, shall arise against any
589 criminal justice agency for failure to comply with an order to
590 expunge when the petitioner for such order failed to obtain the
591 certificate of eligibility as required by this section or such
592 order does not otherwise comply with the requirements of this
593 section.
594 (5)(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
595 criminal history record of a minor or an adult which is ordered
596 expunged by a court of competent jurisdiction pursuant to this
597 section must be physically destroyed or obliterated by any
598 criminal justice agency having custody of such record; except
599 that any criminal history record in the custody of the
600 department must be retained in all cases. A criminal history
601 record ordered expunged that is retained by the department is
602 confidential and exempt from the provisions of s. 119.07(1) and
603 s. 24(a), Art. I of the State Constitution and not available to
604 any person or entity except upon order of a court of competent
605 jurisdiction. A criminal justice agency may retain a notation
606 indicating compliance with an order to expunge.
607 (a) The person who is the subject of a criminal history
608 record that is expunged under this section or under other
609 provisions of law, including former s. 893.14, former s. 901.33,
610 and former s. 943.058, may lawfully deny or fail to acknowledge
611 the arrests covered by the expunged record, except when the
612 subject of the record:
613 1. Is a candidate for employment with a criminal justice
614 agency;
615 2. Is a defendant in a criminal prosecution;
616 3. Concurrently or subsequently petitions for relief under
617 this section or s. 943.059;
618 4. Is a candidate for admission to The Florida Bar;
619 5. Is seeking to be employed or licensed by or to contract
620 with the Department of Children and Family Services, the Agency
621 for Health Care Administration, the Agency for Persons with
622 Disabilities, or the Department of Juvenile Justice or to be
623 employed or used by such contractor or licensee in a sensitive
624 position having direct contact with children, the
625 developmentally disabled, the aged, or the elderly as provided
626 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
627 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
628 chapter 916, s. 985.644, chapter 400, or chapter 429;
629 6. Is seeking to be employed or licensed by the Department
630 of Education, any district school board, any university
631 laboratory school, any charter school, any private or parochial
632 school, or any local governmental entity that licenses child
633 care facilities; or
634 7. Is seeking authorization from a Florida seaport
635 identified in s. 311.09 for employment within or access to one
636 or more of such seaports pursuant to s. 311.12 or s. 311.125.
637 (b) Subject to the exceptions in paragraph (a), a person
638 who has been granted an expunction under this section, former s.
639 893.14, former s. 901.33, or former s. 943.058 may not be held
640 under any provision of law of this state to commit perjury or to
641 be otherwise liable for giving a false statement by reason of
642 such person's failure to recite or acknowledge an expunged
643 criminal history record.
644 (c) Information relating to the existence of an expunged
645 criminal history record which is provided in accordance with
646 paragraph (a) is confidential and exempt from the provisions of
647 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
648 except that the department shall disclose the existence of a
649 criminal history record ordered expunged to the entities set
650 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
651 respective licensing, access authorization, and employment
652 purposes, and to criminal justice agencies for their respective
653 criminal justice purposes. It is unlawful for any employee of an
654 entity set forth in subparagraph (a)1., subparagraph (a)4.,
655 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
656 disclose information relating to the existence of an expunged
657 criminal history record of a person seeking employment, access
658 authorization, or licensure with such entity or contractor,
659 except to the person to whom the criminal history record relates
660 or to persons having direct responsibility for employment,
661 access authorization, or licensure decisions. Any person who
662 violates this paragraph commits a misdemeanor of the first
663 degree, punishable as provided in s. 775.082 or s. 775.083.
664 (d) An agency, organization, or company to which the
665 county, department, or arresting agency disseminated the
666 criminal history record information and which has received the
667 order expunging the record may not release the expunged
668 information to the public after 30 days following the date that
669 it receives the court order expunging the record.
670 (6)(5) STATUTORY REFERENCES.—Any reference to any other
671 chapter, section, or subdivision of the Florida Statutes in this
672 section constitutes a general reference under the doctrine of
673 incorporation by reference.
674 Section 9. Section 943.059, Florida Statutes, is amended to
675 read:
676 943.059 Court-ordered sealing of criminal history records.
677 The courts of this state shall continue to have jurisdiction
678 over their own procedures, including the maintenance, sealing,
679 and correction of judicial records containing criminal history
680 information to the extent such procedures are not inconsistent
681 with the conditions, responsibilities, and duties established by
682 this section. Any court of competent jurisdiction may order a
683 criminal justice agency to seal the criminal history record of a
684 minor or an adult who complies with the requirements of this
685 section. The court shall not order a criminal justice agency to
686 seal a criminal history record until the person seeking to seal
687 a criminal history record has applied for and received a
688 certificate of eligibility for sealing pursuant to subsection
689 (3) (2).
690 (1) PROHIBITION AGAINST SEALING CERTAIN RECORDS.—A criminal
691 history record that relates to a violation of s. 393.135, s.
692 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
693 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
694 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a
695 violation enumerated in s. 907.041, or any violation specified
696 as a predicate offense for registration as a sexual predator
697 pursuant to s. 775.21, without regard to whether that offense
698 alone is sufficient to require such registration, or for
699 registration as a sexual offender pursuant to s. 943.0435, may
700 not be sealed, without regard to whether adjudication was
701 withheld, if the defendant was found guilty of or pled guilty or
702 nolo contendere to the offense, or if the defendant, as a minor,
703 was found to have committed or pled guilty or nolo contendere to
704 committing the offense as a delinquent act even if the
705 adjudication was withheld. The prohibition applies only to cases
706 in which the defendant, including a minor, was found guilty of
707 or pled guilty or nolo contendere to the offense. In all other
708 instances involving the enumerated offenses in this subsection,
709 the record may be sealed if an indictment, information, or other
710 charging document was not filed or issued in the case or, if
711 filed or issued in the case, was dismissed or nolle prosequi by
712 the state attorney or statewide prosecutor or was dismissed by a
713 court of competent jurisdiction, or the person was found not
714 guilty or acquitted by a judge or jury. The court may only order
715 sealing of a criminal history record pertaining to one arrest or
716 one incident of alleged criminal activity, except as provided in
717 this section. The court may, at its sole discretion, order the
718 sealing of a criminal history record pertaining to more than one
719 arrest if the additional arrests directly relate to the original
720 arrest. If the court intends to order the sealing of records
721 pertaining to such additional arrests, such intent must be
722 specified in the order. A criminal justice agency may not seal
723 any record pertaining to such additional arrests if the order to
724 seal does not articulate the intention of the court to seal
725 records pertaining to more than one arrest. This section does
726 not prevent the court from ordering the sealing of only a
727 portion of a criminal history record pertaining to one arrest or
728 one incident of alleged criminal activity. Notwithstanding any
729 law to the contrary, a criminal justice agency may comply with
730 laws, court orders, and official requests of other jurisdictions
731 relating to sealing, correction, or confidential handling of
732 criminal history records or information derived therefrom. This
733 section does not confer any right to the sealing of any criminal
734 history record, and any request for sealing a criminal history
735 record may be denied at the sole discretion of the court.
736 (2)(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
737 petition to a court to seal a criminal history record is
738 complete only when accompanied by:
739 (a) A valid certificate of eligibility for sealing issued
740 by the department pursuant to subsection (3) (2).
741 (b) The petitioner's sworn statement attesting that the
742 petitioner:
743 1. Has never, prior to the date on which the petition is
744 filed, been adjudicated guilty of a criminal offense or
745 comparable ordinance violation, or been adjudicated delinquent
746 for committing any felony or a misdemeanor specified in s.
747 943.051(3)(b).
748 2. Has not been adjudicated guilty of or adjudicated
749 delinquent for committing any of the acts stemming from the
750 arrest or alleged criminal activity to which the petition to
751 seal pertains.
752 3. Except as otherwise provided in this section, has never
753 secured a prior sealing or expunction of a criminal history
754 record under this section, former s. 893.14, former s. 901.33,
755 former s. 943.058, or from any jurisdiction outside the state.
756 4. Is eligible for such a sealing to the best of his or her
757 knowledge or belief and does not have any other petition to seal
758 or any petition to expunge pending before any court.
759
760 Any person who knowingly provides false information on such
761 sworn statement to the court commits a felony of the third
762 degree, punishable as provided in s. 775.082, s. 775.083, or s.
763 775.084.
764 (3)(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
765 petitioning the court to seal a criminal history record, a
766 person seeking to seal a criminal history record shall apply to
767 the department for a certificate of eligibility for sealing. The
768 department shall, by rule adopted pursuant to chapter 120,
769 establish procedures pertaining to the application for and
770 issuance of certificates of eligibility for sealing. A
771 certificate of eligibility for sealing is valid for 12 months
772 after the date stamped on the certificate when issued by the
773 department. After that time, the petitioner must reapply to the
774 department for a new certificate of eligibility. Eligibility for
775 a renewed certification of eligibility must be based on the
776 status of the applicant and the law in effect at the time of the
777 renewal application. The department shall issue a certificate of
778 eligibility for sealing to a person who is the subject of a
779 criminal history record provided that such person:
780 (a) Has submitted to the department a certified copy of the
781 disposition of the charge to which the petition to seal
782 pertains.
783 (b) Remits a $75 processing fee to the department for
784 placement in the Department of Law Enforcement Operating Trust
785 Fund, unless such fee is waived by the executive director.
786 (c) Has never, prior to the date on which the application
787 for a certificate of eligibility is filed, been adjudicated
788 guilty of a criminal offense or comparable ordinance violation,
789 or been adjudicated delinquent for committing any felony or a
790 misdemeanor specified in s. 943.051(3)(b).
791 (d) Has not been adjudicated guilty of or adjudicated
792 delinquent for committing any of the acts stemming from the
793 arrest or alleged criminal activity to which the petition to
794 seal pertains.
795 (e) Has never secured a prior sealing or expunction of a
796 criminal history record under this section, former s. 893.14,
797 former s. 901.33, or former s. 943.058 involving an offense for
798 which the defendant had been found guilty or pled guilty or nolo
799 contendere.
800 (f) Is no longer under court supervision applicable to the
801 disposition of the arrest or alleged criminal activity to which
802 the petition to seal pertains.
803 (4)(3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
804 (a) In judicial proceedings under this section, a copy of
805 the completed petition to seal shall be served upon the
806 appropriate state attorney or the statewide prosecutor and upon
807 the arresting agency; however, it is not necessary to make any
808 agency other than the state a party. The appropriate state
809 attorney or the statewide prosecutor and the arresting agency
810 may respond to the court regarding the completed petition to
811 seal.
812 (b) If relief is granted by the court, the clerk of the
813 court shall certify copies of the order to the appropriate state
814 attorney or the statewide prosecutor, the county, and to the
815 arresting agency. The arresting agency is responsible for
816 forwarding the order to any other agency to which the arresting
817 agency disseminated the criminal history record information to
818 which the order pertains. The county is responsible for
819 forwarding the order to any agency, organization, or company to
820 which the county disseminated the criminal history record
821 information to which the order pertains. The department shall
822 forward the order to seal to the Federal Bureau of
823 Investigation. The clerk of the court shall certify a copy of
824 the order to any other agency which the records of the court
825 reflect has received the criminal history record from the court.
826 (c) For an order to seal entered by a court prior to July
827 1, 1992, the department shall notify the appropriate state
828 attorney or statewide prosecutor of any order to seal which is
829 contrary to law because the person who is the subject of the
830 record has previously been convicted of a crime or comparable
831 ordinance violation or has had a prior criminal history record
832 sealed or expunged. Upon receipt of such notice, the appropriate
833 state attorney or statewide prosecutor shall take action, within
834 60 days, to correct the record and petition the court to void
835 the order to seal. The department shall seal the record until
836 such time as the order is voided by the court.
837 (d) On or after July 1, 1992, the department or any other
838 criminal justice agency is not required to act on an order to
839 seal entered by a court when such order does not comply with the
840 requirements of this section. Upon receipt of such an order, the
841 department must notify the issuing court, the appropriate state
842 attorney or statewide prosecutor, the petitioner or the
843 petitioner's attorney, and the arresting agency of the reason
844 for noncompliance. The appropriate state attorney or statewide
845 prosecutor shall take action within 60 days to correct the
846 record and petition the court to void the order. No cause of
847 action, including contempt of court, shall arise against any
848 criminal justice agency for failure to comply with an order to
849 seal when the petitioner for such order failed to obtain the
850 certificate of eligibility as required by this section or when
851 such order does not comply with the requirements of this
852 section.
853 (e) An order sealing a criminal history record pursuant to
854 this section does not require that such record be surrendered to
855 the court, and such record shall continue to be maintained by
856 the department and other criminal justice agencies.
857 (f) An agency, organization, or company to which the
858 county, department, or arresting agency disseminated the
859 criminal history record information and which has received the
860 order sealing the record may not release the sealed information
861 to the public after 30 days following the date that it receives
862 the court order sealing the record.
863 (5)(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A
864 criminal history record of a minor or an adult which is ordered
865 sealed by a court of competent jurisdiction pursuant to this
866 section is confidential and exempt from the provisions of s.
867 119.07(1) and s. 24(a), Art. I of the State Constitution and is
868 available only to the person who is the subject of the record,
869 to the subject's attorney, to criminal justice agencies for
870 their respective criminal justice purposes, which include
871 conducting a criminal history background check for approval of
872 firearms purchases or transfers as authorized by state or
873 federal law, to judges in the state courts system for the
874 purpose of assisting them in their case-related decisionmaking
875 responsibilities, as set forth in s. 943.053(5), or to those
876 entities set forth in subparagraphs (a)1., 4., 5., 6., and 8.
877 for their respective licensing, access authorization, and
878 employment purposes.
879 (a) The subject of a criminal history record sealed under
880 this section or under other provisions of law, including former
881 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
882 deny or fail to acknowledge the arrests covered by the sealed
883 record, except when the subject of the record:
884 1. Is a candidate for employment with a criminal justice
885 agency;
886 2. Is a defendant in a criminal prosecution;
887 3. Concurrently or subsequently petitions for relief under
888 this section or s. 943.0585;
889 4. Is a candidate for admission to The Florida Bar;
890 5. Is seeking to be employed or licensed by or to contract
891 with the Department of Children and Family Services, the Agency
892 for Health Care Administration, the Agency for Persons with
893 Disabilities, or the Department of Juvenile Justice or to be
894 employed or used by such contractor or licensee in a sensitive
895 position having direct contact with children, the
896 developmentally disabled, the aged, or the elderly as provided
897 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
898 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
899 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
900 6. Is seeking to be employed or licensed by the Department
901 of Education, any district school board, any university
902 laboratory school, any charter school, any private or parochial
903 school, or any local governmental entity that licenses child
904 care facilities;
905 7. Is attempting to purchase a firearm from a licensed
906 importer, licensed manufacturer, or licensed dealer and is
907 subject to a criminal history background check under state or
908 federal law; or
909 8. Is seeking authorization from a Florida seaport
910 identified in s. 311.09 for employment within or access to one
911 or more of such seaports pursuant to s. 311.12 or s. 311.125.
912 (b) Subject to the exceptions in paragraph (a), a person
913 who has been granted a sealing under this section, former s.
914 893.14, former s. 901.33, or former s. 943.058 may not be held
915 under any provision of law of this state to commit perjury or to
916 be otherwise liable for giving a false statement by reason of
917 such person's failure to recite or acknowledge a sealed criminal
918 history record.
919 (c) Information relating to the existence of a sealed
920 criminal record provided in accordance with the provisions of
921 paragraph (a) is confidential and exempt from the provisions of
922 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
923 except that the department shall disclose the sealed criminal
924 history record to the entities set forth in subparagraphs (a)1.,
925 4., 5., 6., and 8. for their respective licensing, access
926 authorization, and employment purposes. It is unlawful for any
927 employee of an entity set forth in subparagraph (a)1.,
928 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
929 subparagraph (a)8. to disclose information relating to the
930 existence of a sealed criminal history record of a person
931 seeking employment, access authorization, or licensure with such
932 entity or contractor, except to the person to whom the criminal
933 history record relates or to persons having direct
934 responsibility for employment, access authorization, or
935 licensure decisions. Any person who violates the provisions of
936 this paragraph commits a misdemeanor of the first degree,
937 punishable as provided in s. 775.082 or s. 775.083.
938 (6)(5) STATUTORY REFERENCES.—Any reference to any other
939 chapter, section, or subdivision of the Florida Statutes in this
940 section constitutes a general reference under the doctrine of
941 incorporation by reference.
942 Section 10. Section 943.0582, Florida Statutes, is amended
943 to read:
944 943.0582 Prearrest, postarrest, or teen court diversion
945 program expunction; nonviolent first-offense expunction.—
946 (1) Notwithstanding any law dealing generally with the
947 preservation and destruction of public records, the department
948 may provide, by rule adopted pursuant to chapter 120, for the
949 expunction of any nonjudicial record of the arrest of a minor
950 who has successfully completed a prearrest or postarrest
951 diversion program for minors as authorized by s. 985.125 or as
952 provided in subsection (4).
953 (2)(a) As used in this section, the term:
954 (a) “Expunction” has the same meaning ascribed in and
955 effect as s. 943.0585, except that:
956 1. The provisions of s. 943.0585(5)(a) s. 943.0585(4)(a) do
957 not apply, except that the criminal history record of a person
958 whose record is expunged pursuant to this section shall be made
959 available only to criminal justice agencies for the purpose of
960 determining eligibility for prearrest, postarrest, or teen court
961 diversion programs; when the record is sought as part of a
962 criminal investigation; or when the subject of the record is a
963 candidate for employment with a criminal justice agency. For all
964 other purposes, a person whose record is expunged under this
965 section may lawfully deny or fail to acknowledge the arrest and
966 the charge covered by the expunged record.
967 2. Records maintained by local criminal justice agencies in
968 the county in which the arrest occurred that are eligible for
969 expunction pursuant to this section shall be sealed as the term
970 is used in s. 943.059.
971 (b) As used in this section, the term “Nonviolent
972 misdemeanor” includes simple assault or battery when prearrest
973 or postarrest diversion expunction is approved in writing by the
974 state attorney for the county in which the arrest occurred.
975 (c) “Violent offense” means any offense for which one or
976 more elements of the offense is a violent act or a threat of
977 violence. Such offenses include, but are not limited to, any
978 offense listed in s. 775.084(1)(b)1.
979 (3)(a) The department shall expunge the nonjudicial arrest
980 record of a minor who has successfully completed a prearrest or
981 postarrest diversion program if that minor:
982 1.(a) Submits an application for prearrest or postarrest
983 diversion expunction, on a form prescribed by the department,
984 signed by the minor's parent or legal guardian, or by the minor
985 if he or she has reached the age of majority at the time of
986 applying.
987 2.(b) Submits the application for prearrest or postarrest
988 diversion expunction no later than 6 months after completion of
989 the diversion program.
990 3.(c) Submits to the department, with the application, an
991 official written statement from the state attorney for the
992 county in which the arrest occurred certifying that he or she
993 has successfully completed that county's prearrest or postarrest
994 diversion program and that participation in the program is
995 strictly limited to minors arrested for a nonviolent misdemeanor
996 who have not otherwise been charged with or found to have
997 committed any criminal offense or comparable ordinance
998 violation.
999 4.(d) Participated in a prearrest or postarrest diversion
1000 program that expressly authorizes or permits such expunction to
1001 occur.
1002 5.(e) Participated in a prearrest or postarrest diversion
1003 program based on an arrest for a nonviolent misdemeanor that
1004 would not qualify as an act of domestic violence as that term is
1005 defined in s. 741.28.
1006 6.(f) Has never, prior to filing the application for
1007 expunction, been charged with or been found to have committed
1008 any criminal offense or comparable ordinance violation.
1009 (b)(4) The department is authorized to charge a $75
1010 processing fee for each request received for prearrest or
1011 postarrest diversion program expunction, for placement in the
1012 Department of Law Enforcement Operating Trust Fund, unless such
1013 fee is waived by the executive director.
1014 (4) The department shall automatically expunge the
1015 nonjudicial first-time arrest record of a minor if the minor was
1016 not found to have committed a violent offense and no charges or
1017 petition was brought concerning the offense. The expunction
1018 granted by this subsection shall terminate automatically if a
1019 person whose record is expunged under this subsection is
1020 subsequently found to have committed any criminal offense or
1021 comparable ordinance violation. Upon such an automatic
1022 termination of expunction, the record shall be treated for all
1023 purposes as if the expunction granted by this subsection had
1024 never occurred.
1025 (5) This section operates retroactively to permit the
1026 expunction of any nonjudicial record of the arrest of a minor
1027 who has successfully completed a prearrest or postarrest
1028 diversion program on or after July 1, 2000; however, in the case
1029 of a minor whose completion of the program occurred before the
1030 effective date of this section, the application for prearrest or
1031 postarrest diversion expunction must be submitted within 6
1032 months after the effective date of this section.
1033 (5)(6) Expunction or sealing granted under this section
1034 does not prevent the minor who receives such relief from
1035 petitioning for the expunction or sealing of a later criminal
1036 history record as provided for in ss. 943.0585 and 943.059, if
1037 the minor is otherwise eligible under those sections.
1038 Section 11. Subsection (1) of section 985.125, Florida
1039 Statutes, is amended to read:
1040 985.125 Prearrest or postarrest diversion programs.—
1041 (1) A Law enforcement agencies, agency or school districts
1042 district, or other qualified agencies, in cooperation with the
1043 state attorney, are encouraged to may establish a prearrest or
1044 postarrest diversion programs program.
1045 Section 12. Section 985.165, Florida Statutes, is created
1046 to read:
1047 985.165 Diversion of first-time drug possession offenders.—
1048 (1) The Legislature finds that drug involvement, especially
1049 among young adolescents, is best addressed through informal
1050 settings. Placing young, minor offenders in detention is more
1051 costly and does not provide the most appropriate mechanism for
1052 treatment. Diversion of first-time drug possessors into
1053 substance abuse programs should result in fewer youth placed on
1054 probation or in other formal dispositions and more appropriate
1055 and effective handling of youth arrested on drug charges.
1056 Diversion of such youth should also prevent young offenders from
1057 exposure to more serious offenders.
1058 (2) Subject to appropriations, the state shall fund
1059 community-based substance abuse intervention, evaluation, and
1060 treatment services programs in each judicial circuit. A youth
1061 charged with a controlled substance possession offense in
1062 violation of s. 893.13(6) who has not been the subject of at
1063 least one prior adjudication or had an adjudication withheld for
1064 any drug possession offense shall be diverted from prosecution
1065 into a substance abuse services program and, upon successful
1066 completion of such program, adjudication shall be withheld.
1067 Section 13. Paragraph (b) of subsection (2) of section
1068 985.245, Florida Statutes, is amended to read:
1069 985.245 Risk assessment instrument.—
1070 (2)
1071 (b) The risk assessment instrument shall take into
1072 consideration, but need not be limited to, prior history of
1073 failure to appear, prior offenses, offenses committed pending
1074 adjudication, any unlawful possession of a firearm, theft of a
1075 motor vehicle or possession of a stolen motor vehicle, and
1076 probation status at the time the child is taken into custody.
1077 The risk assessment instrument shall also take into
1078 consideration appropriate aggravating and mitigating
1079 circumstances, and shall be designed to target a narrower
1080 population of children than s. 985.255, and shall allow
1081 additional points to be assessed against a youth who is charged
1082 with a felony and who has a prior residential delinquency
1083 commitment. The risk assessment instrument shall also include
1084 any information concerning the child's history of abuse and
1085 neglect. The risk assessment shall indicate whether detention
1086 care is warranted, and, if detention care is warranted, whether
1087 the child should be placed into secure, nonsecure, or home
1088 detention care.
1089 Section 14. Paragraph (e) is added to subsection (1) of
1090 section 985.441, Florida Statutes, to read:
1091 985.441 Commitment.—
1092 (1) The court that has jurisdiction of an adjudicated
1093 delinquent child may, by an order stating the facts upon which a
1094 determination of a sanction and rehabilitative program was made
1095 at the disposition hearing:
1096 (e) Commit the child, if the child is pregnant or a mother
1097 with an infant child, when appropriate, in a small family-style,
1098 community-based program, taking into account the safety risk to
1099 the child, the mother, the fetus or infant, and the public.
1100 Section 15. Section 985.461, Florida Statutes, is created
1101 to read:
1102 985.461 Transition planning team.—Before exiting juvenile
1103 justice commitment programs, all children shall have made
1104 available to them the services of an identified community-based,
1105 interagency transition planning team to facilitate a
1106 comprehensive, multiagency reintegration of each child into the
1107 community. Transition planning teams shall address issues that
1108 include the child's housing, education, and employability.
1109 Section 16. Section 985.495, Florida Statutes, is created
1110 to read:
1111 985.495 Aftercare services for girls.—The department shall
1112 require community-based, gender-specific aftercare services for
1113 girls in transition from department programs. Such programs must
1114 include, but are not limited to, mental health, substance abuse,
1115 family counseling and crisis intervention, education and
1116 vocational training, and independent or transitional living
1117 alternatives. The department shall place such girls under the
1118 supervision of a female probation or conditional release case
1119 manager. A female caseload supervision team shall be established
1120 if the number of girls under supervision justifies such action.
1121 Section 17. Section 985.566, Florida Statutes, is created
1122 to read:
1123 985.566 Parole for certain offenders; mandatory hearing.—
1124 (1) The Parole Commission shall hold a mandatory parole
1125 hearing for an inmate who is sentenced to an adult correctional
1126 facility as a child and who received an adult prison sentence of
1127 greater than 10 years if the inmate has served at least 8 years
1128 of that sentence and is not ineligible for a hearing as provided
1129 in subsection (2).
1130 (2) An inmate convicted of a violation of one or more of
1131 the following is ineligible for the mandatory hearing required
1132 by this section:
1133 (a) Any offense listed in s. 775.084(1)(b)1., relating to
1134 habitual violent felony offenses.
1135 (b) Any violation of s. 784.03, relating to felony battery.
1136 (c) Any violation of s. 827.03, relating to abuse,
1137 aggravated abuse, and neglect of a child.
1138 (3) The victim of an offense committed by an inmate for
1139 whom parole is sought in a parole hearing required by this
1140 section shall be notified before the hearing in reasonable time
1141 to appear and be afforded the opportunity to provide comment and
1142 express their concerns to the commission.
1143 Section 18. Section 985.622, Florida Statutes, is amended
1144 to read:
1145 985.622 Multiagency plan for vocational education.—
1146 (1) The Department of Juvenile Justice and the Department
1147 of Education shall, in consultation with the statewide Workforce
1148 Development Youth Council, school districts, providers, and
1149 others, jointly develop a multiagency plan for vocational
1150 education that establishes the curriculum, goals, and outcome
1151 measures for vocational programs in juvenile commitment
1152 facilities. Vocational training providing educational credits or
1153 nationally recognized certification shall be available in all
1154 juvenile justice day treatment programs and residential
1155 commitment programs. The department shall work with the Agency
1156 for Workforce Innovation and Workforce Florida, Inc., to ensure
1157 that all job skills training is in areas directly tied to
1158 careers listed on this state's targeted occupation list.
1159 The plan must include the following:
1160 (a) Provisions for maximizing appropriate state and federal
1161 funding sources, including funds under the Workforce Investment
1162 Act and the Perkins Act; and
1163 (b) The responsibilities of both departments and all other
1164 appropriate entities.; and
1165 (c) A detailed implementation schedule.
1166
1167 The plan must be submitted to the Governor, the President of the
1168 Senate, and the Speaker of the House of Representatives by May
1169 1, 2001.
1170 (2) The plan must define Vocational programming must be
1171 that is appropriate based upon:
1172 (a) The age and assessed educational abilities and goals of
1173 the youth to be served; and
1174 (b) The typical length of stay and custody characteristics
1175 at the commitment program to which each youth is assigned.
1176 (3) The plan must include a definition of vocational
1177 programming that includes the following classifications of
1178 commitment facilities offering that will offer vocational
1179 programming by one of the following types:
1180 (a) Type A.—Programs that teach personal accountability
1181 skills and behaviors that are appropriate for youth in all age
1182 groups and ability levels and that lead to work habits that help
1183 maintain employment and living standards.
1184 (b) Type B.—Programs that include Type A program content
1185 and an orientation to the broad scope of career choices, based
1186 upon personal abilities, aptitudes, and interests. Exploring and
1187 gaining knowledge of occupation options and the level of effort
1188 required to achieve them are essential prerequisites to skill
1189 training.
1190 (c) Type C.—Programs that include Type A program content
1191 and the vocational competencies or the prerequisites needed for
1192 entry into a specific occupation.
1193 (4) Vocational programming shall The plan must also address
1194 strategies to facilitate involvement of business and industry in
1195 the design, delivery, and evaluation of vocational programming
1196 in juvenile justice commitment facilities and conditional
1197 release programs, including apprenticeship and work experience
1198 programs, mentoring and job shadowing, and other strategies that
1199 lead to postrelease employment. Incentives for business
1200 involvement, such as tax breaks, bonding, and liability limits
1201 should be investigated, implemented where appropriate, or
1202 recommended to the Legislature for consideration.
1203 (5) The department of Juvenile Justice and the Department
1204 of Education shall each align its respective agency policies,
1205 practices, technical manuals, contracts, quality-assurance
1206 standards, performance-based-budgeting measures, and outcome
1207 measures with the plan in commitment facilities by July 31,
1208 2001. Each agency shall provide a report on the implementation
1209 of this section to the Governor, the President of the Senate,
1210 and the Speaker of the House of Representatives by August 31,
1211 2001.
1212 (6) All provider contracts executed by the department of
1213 Juvenile Justice or the school districts after January 1, 2002,
1214 must be aligned with the plan.
1215 (7) The planning and execution of quality assurance reviews
1216 conducted by the department or the Department of Education or
1217 the Department of Juvenile Justice after August 1, 2002, must be
1218 aligned with the plan.
1219 (8) Outcome measures reported by the department of Juvenile
1220 Justice and the Department of Education for youth released on or
1221 after January 1, 2002, should include outcome measures that
1222 conform to the plan.
1223 Section 19. Subsection (7) is added to section 985.644,
1224 Florida Statutes, to read:
1225 985.644 Departmental contracting powers; personnel
1226 standards and screening.—
1227 (7) The department shall conduct demonstration projects
1228 that emphasize the benefits of outcome-based contracting with
1229 critical interim performance standard requirements in lieu of
1230 compliance-based contracts. The department may contract for such
1231 projects based upon interim and long-term outcome performance
1232 measures. Such projects shall be completed by December 31, 2010.
1233 Section 20. Subsection (3) of section 435.04, Florida
1234 Statutes, is amended to read:
1235 435.04 Level 2 screening standards.—
1236 (3) The security background investigations conducted under
1237 this section for employees of the Department of Juvenile Justice
1238 must ensure that no persons subject to the provisions of this
1239 section have been found guilty of, regardless of adjudication,
1240 or entered a plea of nolo contendere or guilty to, any offense
1241 prohibited under any of the following provisions of the Florida
1242 Statutes or under any similar statute of another jurisdiction:
1243 (a) Section 784.07, relating to assault or battery of law
1244 enforcement officers, firefighters, emergency medical care
1245 providers, public transit employees or agents, or other
1246 specified officers.
1247 (b) Section 810.02, relating to burglary, if the offense is
1248 a felony.
1249 (c) Section 944.40, relating to escape.
1250
1251 The Department of Juvenile Justice may not remove a
1252 disqualification from employment or grant an exemption to any
1253 person who is disqualified under this section for any offense
1254 disposed of during the most recent 7-year period.
1255
1256 However, the Department of Juvenile Justice may authorize the
1257 hiring of a person for employment in youth facilities who was
1258 formerly in a juvenile justice system program and exited it
1259 successfully if the person has not been arrested for or charged
1260 with any offense in the adult criminal justice system or, for a
1261 period of 5 years before hiring, had a delinquency petition
1262 filed against him or her.
1263 Section 21. Paragraph (b) of subsection (1) of section
1264 985.644, Florida Statutes, is amended to read:
1265 985.644 Departmental contracting powers; personnel
1266 standards and screening.—
1267 (1) The Department of Juvenile Justice or the Department of
1268 Children and Family Services, as appropriate, may contract with
1269 the Federal Government, other state departments and agencies,
1270 county and municipal governments and agencies, public and
1271 private agencies, and private individuals and corporations in
1272 carrying out the purposes of, and the responsibilities
1273 established in, this chapter.
1274 (b) The department of Juvenile Justice and the Department
1275 of Children and Family Services shall require employment
1276 screening pursuant to chapter 435, using the level 2 standards
1277 set forth in that chapter for personnel in programs for children
1278 or youths. The department may conditionally hire a juvenile
1279 justice employee after successfully completing a preliminary
1280 background screening, but before completing a full background
1281 screening, on the condition that no direct contact with children
1282 occurs when the employee is located in a facility housing a
1283 program for which background screening is required or on the
1284 grounds of a facility where youth are located.
1285 Section 22. Subsection (14) is added to section 985.664,
1286 Florida Statutes, to read:
1287 985.664 Juvenile justice circuit boards and juvenile
1288 justice county councils.—
1289 (14) Subject to specific legislative appropriation,
1290 juvenile justice circuit boards and juvenile justice county
1291 councils shall receive local discretionary grant prevention
1292 funds that they may allocate to meet the specific needs within
1293 their local communities.
1294 Section 23. Paragraph (a) of subsection (1) of section
1295 1006.13, Florida Statutes, is amended, and subsection (6) is
1296 added to that section, to read:
1297 1006.13 Policy of zero tolerance for crime and
1298 victimization.—
1299 (1) Each district school board shall adopt a policy of zero
1300 tolerance for:
1301 (a) Crime and substance abuse, including the reporting of
1302 delinquent acts and crimes occurring whenever and wherever
1303 students are under the jurisdiction of the district school
1304 board. However, the zero-tolerance policy does not apply to
1305 petty acts of misconduct and misdemeanors.
1306 (6) Discipline or prosecution for a violation of a zero
1307 tolerance policy must be based on considerations of an
1308 individual student and the particular circumstances of the
1309 student's misconduct. School districts should involve a law
1310 enforcement agency only in serious offenses that threaten
1311 safety. School districts should use alternatives to expulsion or
1312 referral for prosecution in order to improve student behavior
1313 and school climate when doing so will not result in making
1314 schools dangerous.
1315 Section 24. Paragraph (c) of subsection (1) of section
1316 1011.62, Florida Statutes, is amended to read:
1317 1011.62 Funds for operation of schools.—If the annual
1318 allocation from the Florida Education Finance Program to each
1319 district for operation of schools is not determined in the
1320 annual appropriations act or the substantive bill implementing
1321 the annual appropriations act, it shall be determined as
1322 follows:
1323 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1324 OPERATION.—The following procedure shall be followed in
1325 determining the annual allocation to each district for
1326 operation:
1327 (c) Determination of programs.—Cost factors based on
1328 desired relative cost differences between the following programs
1329 shall be established in the annual General Appropriations Act.
1330 The Commissioner of Education shall specify a matrix of services
1331 and intensity levels to be used by districts in the
1332 determination of the two weighted cost factors for exceptional
1333 students with the highest levels of need. For these students,
1334 the funding support level shall fund the exceptional students'
1335 education program, with the exception of extended school year
1336 services for students with disabilities.
1337 1. Basic programs.—
1338 a. Kindergarten and grades 1, 2, and 3.
1339 b. Grades 4, 5, 6, 7, and 8.
1340 c. Grades 9, 10, 11, and 12.
1341 2. Programs for exceptional students.—
1342 a. Support Level IV.
1343 b. Support Level V.
1344 3. Secondary career education programs.—
1345 4. English for Speakers of Other Languages.—
1346 5. Juvenile justice education programs.—
1347 Section 25. (1) The revision of the detention risk
1348 assessment instrument by the Department of Juvenile Justice as
1349 required by s. 985.245, Florida Statutes, shall be conducted in
1350 consultation with representatives appointed by the Conference of
1351 Circuit Judges of Florida, the Florida Prosecuting Attorneys
1352 Association, the Florida Public Defender Association, the
1353 Florida Sheriffs Association, and the Florida Police Chiefs
1354 Association. Each association shall appoint two individuals, one
1355 representing an urban area and one representing a rural area.
1356 The members involved shall evaluate and revise the risk
1357 assessment instrument in ways it considers necessary using a
1358 method for revision agreed upon by the members.
1359 (2) The Department of Juvenile Justice shall revise,
1360 automate, and validate the risk assessment instrument before
1361 June 1, 2010. The department shall provide education and
1362 training to its staff on the proper use of the revised screening
1363 instrument, population management control, and awareness of the
1364 department staff's authority to contact the prosecutor during
1365 the screening process to attempt to have eligible children in
1366 secure detention released to an alternative program subsequent
1367 to the court hearing. The department may also provide such
1368 training for juvenile court judges.
1369 Section 26. (1) The Department of Juvenile Justice shall
1370 create a Disproportionate Minority Contact Task Force. The
1371 secretary of the department shall appoint the members of the
1372 task force, which shall include representation from the field of
1373 education, law enforcement agencies, state attorneys, public
1374 defenders, the state court system, faith communities, juvenile
1375 justice service providers, advocacy organizations, members from
1376 communities most affected, and other stakeholders. The goal of
1377 the task force is to reduce disproportionate minority contact
1378 with the juvenile justice system consistent with the federal
1379 Juvenile Justice and Delinquency Prevention Act of 1974, as
1380 amended. Members of the task force who are not government
1381 employees shall serve without compensation, but are entitled to
1382 receive reimbursement for travel and per diem expenses as
1383 provided in s. 112.061, Florida Statutes. The task force shall:
1384 (a) Work with each local juvenile justice board and council
1385 to develop a disproportionate minority contact reduction plan
1386 for its area.
1387 (b) In conjunction with the department, develop
1388 requirements for every entity with which the department works,
1389 throughout its continuum of services, to implement the
1390 strategies, policies, and practices needed to reduce
1391 disproportionate minority contact.
1392 (c) Assist the department in developing ongoing cultural
1393 sensitivity and cultural competence training for department and
1394 provider staff to facilitate their participation in
1395 disproportionate minority contact reduction plans and
1396 strategies.
1397 (d) Assist the department in developing training and
1398 education classes to be made available to local law enforcement
1399 agencies, school systems, court personnel, and other identified
1400 local stakeholders.
1401 (e) Assist the department in developing a strategic plan to
1402 reduce disproportionate minority contact and over-representation
1403 of minority children in the juvenile justice system, which shall
1404 include strategies such as restorative decisionmaking practices,
1405 by offering alternatives aimed at preventing the movement of
1406 youth to the next level of intervention at the point of school
1407 disciplinary decisions, arrest, charging, disposition, and
1408 placement.
1409 (f) Assist the department and the juvenile justice boards
1410 and councils in establishing comprehensive partnerships with
1411 faith-based and community-based organizations which will be
1412 minority-led, citizen-based, and designed and prepared to handle
1413 the range of responsibilities for responding to the needs of
1414 underserved youth.
1415 (g) Submit a report to the Governor, the President of the
1416 Senate, and the Speaker of the House of Representatives by July
1417 1, 2010, summarizing its activities. The report shall also
1418 include any specific recommendations for legislative action. The
1419 task force is dissolved upon the submission of its report.
1420 (2) The Department of Juvenile Justice shall establish a
1421 pilot project to reduce disproportionate minority contact with
1422 the juvenile justice system in each of eight selected counties
1423 for a 3-year period. In each county, the goals of the pilot
1424 project shall be to reduce minority representation in and the
1425 overall number of youth and school-based referrals to the
1426 juvenile justice system, reduce minority representation in out
1427 of-school suspensions and expulsions, and reduce minority
1428 representation in the number of youth held in secure detention
1429 or committed to residential detention. The department shall
1430 submit preliminary reports concerning the pilot projects to the
1431 Governor, the President of the Senate, and the Speaker of the
1432 House of Representatives by July 1, 2010, and July 1, 2011. The
1433 department shall submit a final report concerning the pilot
1434 projects by January 1, 2012. The final report must include any
1435 specific recommendations for legislative action during the 2012
1436 Regular Session of the Legislature. The pilot projects shall
1437 terminate on June 30, 2012.
1438 Section 27. The Children and Youth Cabinet is directed to
1439 coordinate and assist the Department of Education,
1440 representatives of law enforcement agencies, school
1441 superintendents, and the Department of Juvenile Justice to
1442 review and amend K-12 zero-tolerance policies and practices to
1443 eliminate the referral of youth to the Department of Juvenile
1444 Justice for misdemeanor offenses. The goals of the review are to
1445 ensure that policies and practices are consistent with the
1446 original legislative intent of the zero-tolerance laws, which
1447 was intended for serious, violent offenses, and to develop
1448 alternatives that promote youth accountability while avoiding
1449 suspension and other punitive options.
1450 Section 28. (1) The Legislature finds that communities in
1451 this state have much to offer youth and their families who are
1452 involved in the juvenile justice system. Placement of a youth
1453 far away from his or her home community weakens community
1454 linkages that can support and encourage the youth. Defining
1455 service areas that will facilitate services near the youth's
1456 home will promote providing the youth with the appropriate
1457 service when it is needed. The Department of Juvenile Justice's
1458 current regions are too large to achieve this goal. Other
1459 components of the juvenile justice system operate within
1460 judicial circuits. The effectiveness of using judicial circuits
1461 as service areas should be considered for this reason.
1462 (2) The Department of Juvenile Justice shall identify
1463 service areas that promote the concept of community-based
1464 programs while recognizing the unique characteristics of the
1465 communities of this state and recommend implementation to the
1466 Legislature. Adoption of the service area boundaries of the
1467 Department of Children and Family Services shall receive careful
1468 consideration. A full continuum of services that includes, but
1469 is not limited to, prevention, early intervention, supervision,
1470 and support services in the family and probation, residential,
1471 and aftercare fields shall be available in each service area.
1472 The Department of Juvenile Justice shall submit a report to the
1473 Governor, the President of the Senate, and the Speaker of the
1474 House of Representatives by January 1, 2010, concerning the use
1475 of service areas as described in this section and any specific
1476 recommendations for legislative action.
1477 Section 29. The Legislature finds that the services and
1478 education that a youth receives in detention while awaiting
1479 placement in a commitment program should be considered as part
1480 of completing the youth's treatment plan. Similarly, the
1481 services and education that youth receive in a competency
1482 restoration placement should be taken into consideration as part
1483 of the predisposition report at the youth's treatment plan in
1484 any subsequent disposition. Therefore, the Governor shall
1485 establish a task force to review and make recommendations to
1486 modify current statutes or practices associated with restoration
1487 of competency. The task force shall include members of the
1488 judicial branch, the Department of Juvenile Justice, and the
1489 Department of Children and Family Services and community mental
1490 health and developmental disability providers. Members of the
1491 task force who are not government employees shall serve without
1492 compensation, but are entitled to receive reimbursement for
1493 travel and per diem expenses as provided in s. 112.061, Florida
1494 Statutes. The task force shall submit a report of its findings
1495 to the Governor, the President of the Senate, and the Speaker of
1496 the House of Representatives by January 1, 2010. The task force
1497 shall terminate upon submission of its report.
1498 Section 30. (1) The Legislature finds that the Department
1499 of Juvenile Justice must have the ability to recruit and retain
1500 a professional direct care staff and substantially reduce
1501 turnover to ensure the most appropriate supervision and
1502 rehabilitation of at-risk youth in their care. To further this
1503 goal, the Governor shall establish a task force to perform a
1504 role-delineation study. The task force shall review and make
1505 recommendations concerning the following:
1506 (a) Core competencies for all state and contracted direct
1507 care staff and minimum hiring requirements.
1508 (b) Professional curriculum, continuing education
1509 requirements, and establishment of a certification program to
1510 include standards, requirements, examinations, certification,
1511 and decertification.
1512 (c) Base rates of pay for all direct care staff.
1513 (d) The possibility of granting special risk retirement
1514 benefits for care staff who work directly with youth.
1515 (2) Members of the task force who are not government
1516 employees shall serve without compensation, but are entitled to
1517 receive reimbursement for travel and per diem expenses as
1518 provided in s. 112.061, Florida Statutes. The task force shall
1519 submit a report of its findings to the Governor, the President
1520 of the Senate, and the Speaker of the House of Representatives
1521 by January 1, 2010. The task force shall terminate upon
1522 submission of its report.
1523 Section 31. The Legislature finds that the Washington State
1524 Institute for Public Policy has helped develop effective
1525 strategies in that state which have produced a significant
1526 return on investment in crime reduction through diversion of
1527 funding for adult prisons to prevention programs. The Department
1528 of Corrections, the Department of Juvenile Justice, and the
1529 Department of Children and Family Services shall select and work
1530 with a university in the State University System to calculate
1531 the return on investment and cost savings of crime reduction
1532 through effective prevention and intervention programming with
1533 the goal of implementing similar cost-saving strategies and
1534 practices in this state. The university selected by the
1535 departments shall submit a report to the secretary of each of
1536 the departments, the Governor, the President of the Senate, and
1537 the Speaker of the House of Representatives by June 30, 2010,
1538 concerning the implementation of similar cost-saving strategies
1539 and practices in this state and any specific recommendations for
1540 legislative action.
1541 Section 32. For the purpose of incorporating the amendment
1542 made by this act to section 1011.62, Florida Statutes, in a
1543 reference thereto, subsections (4) and (7) of section 402.22,
1544 Florida Statutes, are reenacted to read:
1545 402.22 Education program for students who reside in
1546 residential care facilities operated by the Department of
1547 Children and Family Services or the Agency for Persons with
1548 Disabilities.—
1549 (4) Students age 18 and under who are under the residential
1550 care of the Department of Children and Family Services or the
1551 Agency for Persons with Disabilities and who receive an
1552 education program shall be calculated as full-time equivalent
1553 student membership in the appropriate cost factor as provided
1554 for in s. 1011.62(1)(c). Residential care facilities shall
1555 include, but not be limited to, developmental disabilities
1556 centers and state mental health facilities. All students shall
1557 receive their education program from the district school system,
1558 and funding shall be allocated through the Florida Education
1559 Finance Program for the district school system.
1560 (7) Notwithstanding the provisions of s. 1001.42(4)(n), the
1561 educational program at the Marianna Sunland Center in Jackson
1562 County shall be operated by the Department of Education, either
1563 directly or through grants or contractual agreements with other
1564 public educational agencies. The annual state allocation to any
1565 such agency shall be computed pursuant to s. 1011.62(1), (2),
1566 and (6) and allocated in the amount that would have been
1567 provided the local school district in which the residential
1568 facility is located.
1569 Section 33. For the purpose of incorporating the amendment
1570 made by this act to section 985.644, Florida Statutes, in a
1571 reference thereto, paragraph (a) of subsection (3) of section
1572 985.66, Florida Statutes, is reenacted to read:
1573 985.66 Juvenile justice training academies; Juvenile
1574 Justice Standards and Training Commission; Juvenile Justice
1575 Training Trust Fund.—
1576 (3) JUVENILE JUSTICE TRAINING PROGRAM.—The commission shall
1577 establish a certifiable program for juvenile justice training
1578 pursuant to this section, and all department program staff and
1579 providers who deliver direct care services pursuant to contract
1580 with the department shall be required to participate in and
1581 successfully complete the commission-approved program of
1582 training pertinent to their areas of responsibility. Judges,
1583 state attorneys, and public defenders, law enforcement officers,
1584 and school district personnel may participate in such training
1585 program. For the juvenile justice program staff, the commission
1586 shall, based on a job-task analysis:
1587 (a) Design, implement, maintain, evaluate, and revise a
1588 basic training program, including a competency-based
1589 examination, for the purpose of providing minimum employment
1590 training qualifications for all juvenile justice personnel. All
1591 program staff of the department and providers who deliver
1592 direct-care services who are hired after October 1, 1999, must
1593 meet the following minimum requirements:
1594 1. Be at least 19 years of age.
1595 2. Be a high school graduate or its equivalent as
1596 determined by the commission.
1597 3. Not have been convicted of any felony or a misdemeanor
1598 involving perjury or a false statement, or have received a
1599 dishonorable discharge from any of the Armed Forces of the
1600 United States. Any person who, after September 30, 1999, pleads
1601 guilty or nolo contendere to or is found guilty of any felony or
1602 a misdemeanor involving perjury or false statement is not
1603 eligible for employment, notwithstanding suspension of sentence
1604 or withholding of adjudication. Notwithstanding this
1605 subparagraph, any person who pled nolo contendere to a
1606 misdemeanor involving a false statement before October 1, 1999,
1607 and who has had such record of that plea sealed or expunged is
1608 not ineligible for employment for that reason.
1609 4. Abide by all the provisions of s. 985.644(1) regarding
1610 fingerprinting and background investigations and other screening
1611 requirements for personnel.
1612 5. Execute and submit to the department an affidavit-of
1613 application form, adopted by the department, attesting to his or
1614 her compliance with subparagraphs 1.-4. The affidavit must be
1615 executed under oath and constitutes an official statement under
1616 s. 837.06. The affidavit must include conspicuous language that
1617 the intentional false execution of the affidavit constitutes a
1618 misdemeanor of the second degree. The employing agency shall
1619 retain the affidavit.
1620 Section 34. For the purpose of incorporating the amendment
1621 made by this act to section 985.644, Florida Statutes, in a
1622 reference thereto, paragraph (b) of subsection (10) of section
1623 985.688, Florida Statutes, is reenacted to read:
1624 985.688 Administering county and municipal delinquency
1625 programs and facilities.—
1626 (10)
1627 (b) The department may institute proceedings against a
1628 county or municipality to terminate the operation of a facility
1629 when any of the following conditions exist:
1630 1. The facility fails to take preventive or corrective
1631 measures in accordance with any order of the department.
1632 2. The facility fails to abide by any final order of the
1633 department once it has become effective and binding.
1634 3. The facility commits any violation of this section
1635 constituting an emergency requiring immediate action as provided
1636 in this chapter.
1637 4. The facility has willfully and knowingly refused to
1638 comply with the screening requirement for personnel under s.
1639 985.644(1) or has refused to dismiss personnel found to be in
1640 noncompliance with the requirements for good moral character.
1641 Section 35. This act shall take effect July 1, 2009.