Florida Senate - 2009 SB 654
By Senator Dean
3-00689-09 2009654__
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 985.0301, F.S.; authorizing a court to retain
4 jurisdiction over a child and the child's parent or
5 guardian until the costs, fees, and costs associated
6 with court-appointed counsel are satisfied; providing
7 intent; creating s. 985.031, F.S.; authorizing the
8 court to set reasonable conditions of preadjudicatory
9 release for children charged with specified acts or
10 who have previously been charged with or committed
11 delinquent acts; providing examples of such
12 conditions; amending s. 985.101, F.S.; permitting a
13 child to be taken into custody for violations of
14 preadjudicatory release conditions; amending s.
15 985.24, F.S.; providing an additional finding to
16 support the use of secure, nonsecure, or home
17 detention care; amending s. 985.245, F.S.; providing
18 that placement in detention care under a specified
19 provision does not require a risk assessment; amending
20 s. 985.25, F.S.; providing additional grounds for
21 placement of a child in secure detention care;
22 amending s. 985.255, F.S.; providing for continuing
23 home or nonsecure or home detention care or secure
24 detention care before a detention hearing in certain
25 circumstances; amending s. 985.26, F.S.; requiring
26 that a child who has been released to comply with
27 preadjudicatory release conditions; providing that
28 certain time limits do not apply to secure detention
29 under specified provisions; amending s. 985.265, F.S.;
30 specifying circumstances that permit the Department of
31 Juvenile Justice to transfer a child from home or
32 nonsecure or home detention care to secure detention
33 care; amending s. 985.27, F.S.; revising provisions
34 relating to the child's placement in detention care;
35 specifying circumstances under which a child who is
36 awaiting placement in a moderate-risk residential
37 program may be held in secure detention care; revising
38 time limits on such detention care; providing for
39 secure detention care in specified circumstances;
40 creating s. 985.28, F.S.; providing for
41 preadjudicatory secure detention of a child under
42 specified circumstances; permitting a parent or
43 guardian of a child to be held in contempt of court if
44 he or she knowingly and willfully fails to bring or
45 otherwise prevents the child from appearing for trial;
46 amending s. 985.35, F.S.; conforming a cross
47 reference; amending s. 985.43, F.S.; conforming a
48 cross-reference; providing a legislative declaration
49 concerning the court's determination of whether to
50 commit a juvenile to the department and the most
51 appropriate placement level; amending s. 985.433,
52 F.S.; revising provisions relating to recommendations
53 by probation officers to the court concerning
54 placement and the proposed treatment plan of
55 juveniles; specifying that the court has the power to
56 determine appropriate dispositions; requiring that
57 reasons for a disposition be stated for the record;
58 requiring the department to maintain certain related
59 data; amending s. 985.439, F.S.; permitting a child to
60 be detained in a facility other than a consequence
61 unit if one is not available; creating s. 938.20,
62 F.S.; permitting each county to create a juvenile
63 crime prevention fund; providing for an additional
64 court cost; providing for administration and use of
65 funds; amending s. 790.22, F.S.; conforming a cross
66 reference; providing that the act fulfills an
67 important state interest; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Paragraph (i) of subsection (5) of section
72 985.0301, Florida Statutes, is amended to read:
73 985.0301 Jurisdiction.—
74 (5)
75 (i) The court shall may retain jurisdiction over a child
76 and the child's parent or legal guardian whom the court has
77 ordered to pay:
78 1. Restitution until the restitution order is satisfied. To
79 retain jurisdiction, The court shall enter a restitution order,
80 which is separate from any disposition or order of commitment,
81 on or before prior to the date that the court's jurisdiction
82 would cease under this section. The contents of the restitution
83 order are shall be limited to the child's name and address, the
84 name and address of the parent or legal guardian, the name and
85 address of the payee, the case number, the date and amount of
86 restitution ordered, any amount of restitution paid, the amount
87 of restitution due and owing, and a notation that costs,
88 interest, penalties, and attorney's fees may also be due and
89 owing. The terms of the restitution order are subject to s.
90 775.089(5).
91 2. Costs, fees, and costs associated with court-appointed
92 counsel until such costs and fees are satisfied, regardless of
93 adjudication. The child and the child's parent or guardian
94 remain responsible for the unpaid costs and fees until the
95 unpaid costs and fees are satisfied, even after the child turns
96 19 years of age. The implementation of this subparagraph does
97 not authorize or otherwise allow details of the juvenile court
98 record to be disclosed except as provided by law.
99 The retention of jurisdiction under this paragraph does not
100 preclude the department from closing out the community
101 supervision case for a child if the child has successfully met
102 all other conditions of the supervision case plan.
103 Section 2. Section 985.031, Florida Statutes, is created to
104 read:
105 985.031 Preadjudicatory release.—The court shall set
106 reasonable conditions of preadjudicatory release for a child
107 charged with the commission of a delinquent act that constitutes
108 a felony or if the child has previously been charged with or
109 found to have committed, regardless of adjudication, a
110 delinquent act. The child must comply with all such conditions
111 before an adjudicatory hearing. Reasonable conditions of
112 preadjudicatory release may include, but are not limited to, the
113 following:
114 (1) The child may not engage in a violation of law.
115 (2) The child may not possess or carry any weapon.
116 (3) The child may not possess or use any alcoholic beverage
117 or illegal drug or associate with those who are currently
118 possessing or using any alcoholic beverage or illegal drug.
119 (4) The child must obey all reasonable household rules.
120 (5) The child must attend school regularly, including all
121 classes.
122 (6) The child must abide by the curfew set by his or her
123 parents or guardians, or as set by the court.
124 (7) The child may not have contact with any codefendants,
125 an alleged victim, or the family of an alleged victim.
126 (8) The child may not return to the scene of the alleged
127 crime, unless approved by the court.
128 Section 3. Paragraph (d) of subsection (1) of section
129 985.101, Florida Statutes, is amended to read:
130 985.101 Taking a child into custody.—
131 (1) A child may be taken into custody under the following
132 circumstances:
133 (d) By a law enforcement officer who has probable cause to
134 believe that the child is in violation of the conditions of the
135 child's preadjudicatory release, probation, home detention,
136 postcommitment probation, or conditional release supervision;
137 has absconded from nonresidential commitment; or has escaped
138 from residential commitment.
139 Nothing in this subsection shall be construed to allow the
140 detention of a child who does not meet the detention criteria in
141 part V.
142 Section 4. Subsection (1) of section 985.24, Florida
143 Statutes, is amended to read:
144 985.24 Use of detention; prohibitions.—
145 (1) All determinations and court orders regarding the use
146 of secure, nonsecure, or home detention care shall be based
147 primarily upon findings that the child:
148 (a) Presents a substantial risk of not appearing at a
149 subsequent hearing;
150 (b) Presents a substantial risk of inflicting bodily harm
151 on others as evidenced by recent behavior;
152 (c) Presents a history of committing a property offense
153 prior to adjudication, disposition, or placement;
154 (d) Has been adjudicated delinquent and committed to the
155 department in a residential facility but is on home or nonsecure
156 detention care while awaiting placement, and:
157 1. Absconded from home or nonsecure detention care or
158 otherwise violates the terms of release; or
159 2. There is probable cause to believe that the child has
160 committed a new violation of law;
161 (e)(d) Has committed contempt of court by:
162 1. Intentionally disrupting the administration of the
163 court;
164 2. Intentionally disobeying a court order; or
165 3. Engaging in a punishable act or speech in the court's
166 presence which shows disrespect for the authority and dignity of
167 the court; or
168 (f)(e) Requests protection from imminent bodily harm.
169 Section 5. Subsection (1) of section 985.245, Florida
170 Statutes, is amended to read:
171 985.245 Risk assessment instrument.—
172 (1) All determinations and court orders regarding placement
173 of a child into detention care must shall comply with all
174 requirements and criteria provided in this part and shall be
175 based on a risk assessment of the child, unless the child is
176 placed into detention care as provided in s. 985.255(2) or s.
177 985.28.
178 Section 6. Paragraph (b) of subsection (1) of section
179 985.25, Florida Statutes, is amended to read:
180 985.25 Detention intake.—
181 (1) The juvenile probation officer shall receive custody of
182 a child who has been taken into custody from the law enforcement
183 agency and shall review the facts in the law enforcement report
184 or probable cause affidavit and make such further inquiry as may
185 be necessary to determine whether detention care is required.
186 (b) The juvenile probation officer shall base the decision
187 whether or not to place the child into secure detention care,
188 home detention care, or nonsecure detention care on an
189 assessment of risk in accordance with the risk assessment
190 instrument and procedures developed by the department under s.
191 985.245. However, a child shall be placed in secure detention
192 care if:
193 1. The child is charged with possessing or discharging a
194 firearm on school property in violation of s. 790.115;
195 2. The child is alleged to have absconded from home or
196 nonsecure detention care or the child otherwise violates the
197 terms of release after adjudication and commitment to the
198 department but before placement in a residential facility; or
199 3. There is probable cause to believe that the child has
200 committed a new violation of law while on home or nonsecure
201 detention care after adjudication and commitment but before
202 placement in a residential facility shall be placed in secure
203 detention care.
204 Under no circumstances shall the juvenile probation officer or
205 the state attorney or law enforcement officer authorize the
206 detention of any child in a jail or other facility intended or
207 used for the detention of adults, without an order of the court.
208 Section 7. Subsections (1) and (3) of section 985.255,
209 Florida Statutes, are amended to read:
210 985.255 Detention criteria; detention hearing.—
211 (1) Subject to s. 985.25(1), a child taken into custody and
212 placed into nonsecure or home detention care or detained in
213 secure detention care before prior to a detention hearing may
214 continue to be detained by the court if:
215 (a) The child is alleged to have absconded from home or
216 nonsecure detention care or otherwise violates the terms of
217 release after adjudication and commitment while awaiting
218 placement in a residential facility.
219 (b) There is probable cause to believe that the child has
220 committed a new violation of law while on home or nonsecure
221 detention care after adjudication and commitment while awaiting
222 placement in a residential facility.
223 (c)(a) The child is alleged to be an escapee from a
224 residential commitment program; or an absconder from a
225 nonresidential commitment program, a probation program, or
226 conditional release supervision; or is alleged to have escaped
227 while being lawfully transported to or from a residential
228 commitment program.
229 (d)(b) The child is wanted in another jurisdiction for an
230 offense which, if committed by an adult, would be a felony.
231 (e)(c) The child is charged with a delinquent act or
232 violation of law and requests in writing through legal counsel
233 to be detained for protection from an imminent physical threat
234 to his or her personal safety.
235 (f)(d) The child is charged with committing an offense of
236 domestic violence as defined in s. 741.28 and is detained as
237 provided in subsection (2).
238 (g)(e) The child is charged with possession or discharging
239 a firearm on school property in violation of s. 790.115.
240 (h)(f) The child is charged with a capital felony, a life
241 felony, a felony of the first degree, a felony of the second
242 degree that does not involve a violation of chapter 893, or a
243 felony of the third degree that is also a crime of violence,
244 including any such offense involving the use or possession of a
245 firearm.
246 (i)(g) The child is charged with a any second degree or
247 third degree felony involving a violation of chapter 893 or a
248 any third degree felony that is not also a crime of violence,
249 and the child:
250 1. Has a record of failure to appear at court hearings
251 after being properly notified in accordance with the Rules of
252 Juvenile Procedure;
253 2. Has a record of law violations prior to court hearings;
254 3. Has already been detained or has been released and is
255 awaiting final disposition of the case;
256 4. Has a record of violent conduct resulting in physical
257 injury to others; or
258 5. Is found to have been in possession of a firearm.
259 (j)(h) The child is alleged to have violated the conditions
260 of the child's probation or conditional release supervision.
261 However, a child detained under this paragraph may be held only
262 in a consequence unit as provided in s. 985.439. If a
263 consequence unit is not available, the child may be placed in
264 secure detention care, home detention care, or home detention
265 care shall be placed on home detention with electronic
266 monitoring.
267 (k)(i) The child is detained on a judicial order for
268 failure to appear and has previously willfully failed to appear,
269 after proper notice, for an adjudicatory hearing on the same
270 case regardless of the results of the risk assessment
271 instrument. A child may be held in secure detention for up to 72
272 hours in advance of the next scheduled court hearing pursuant to
273 this paragraph. The child's failure to keep the clerk of court
274 and defense counsel informed of a current and valid mailing
275 address where the child will receive notice to appear at court
276 proceedings does not provide an adequate ground for excusal of
277 the child's nonappearance at the hearings.
278 (l)(j) The child is detained on a judicial order for
279 failure to appear and has previously willfully failed to appear,
280 after proper notice, at two or more court hearings of any nature
281 on the same case regardless of the results of the risk
282 assessment instrument. A child may be held in secure detention
283 for up to 72 hours in advance of the next scheduled court
284 hearing pursuant to this paragraph. The child's failure to keep
285 the clerk of court and defense counsel informed of a current and
286 valid mailing address where the child will receive notice to
287 appear at court proceedings does not provide an adequate ground
288 for excusal of the child's nonappearance at the hearings.
289 (3)(a) A child who meets any of the criteria in subsection
290 (1) and who is ordered to be detained under that subsection must
291 shall be given a hearing within 24 hours after being taken into
292 custody. The purpose of the detention hearing is to determine
293 the existence of probable cause that the child has committed the
294 delinquent act or violation of law that he or she is charged
295 with and the need for continued detention.
296 (a) Unless a child is detained under paragraph (1)(a),
297 paragraph (1)(b), paragraph (1)(f) (1)(d), or paragraph (1)(g)
298 (1)(e), the court shall use the results of the risk assessment
299 performed by the juvenile probation officer and, based on the
300 criteria in subsection (1), shall determine the need for
301 continued detention. A child placed into secure, nonsecure, or
302 home detention care may continue to be so detained by the court.
303 A child detained under paragraph (1)(a) or paragraph (1)(b) may
304 be placed into secure detention care pending placement in a
305 residential facility.
306 (b) If the court orders a placement more restrictive than
307 indicated by the results of the risk assessment instrument, the
308 court shall state, in writing, clear and convincing reasons for
309 such placement.
310 (c) Except as provided in paragraph (1)(a), paragraph
311 (1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
312 into secure or nonsecure detention care, or into a respite home
313 or other placement pursuant to a court order following a
314 hearing, the court order must include specific instructions that
315 direct the release of the child from such placement by no later
316 than 5 p.m. on the last day of the detention period specified in
317 s. 985.26 or s. 985.27, as whichever is applicable, unless the
318 requirements of such applicable provision have been met or an
319 order of continuance has been granted under s. 985.26(4).
320 Section 8. Section 985.26, Florida Statutes, is amended to
321 read:
322 985.26 Length of detention.—
323 (1) A child may not be placed into or held in secure,
324 nonsecure, or home detention care for longer than 24 hours
325 unless the court orders such detention care, and the order
326 includes specific instructions that direct the release of the
327 child from such detention care, in accordance with s. 985.255.
328 The order is shall be a final order, reviewable by appeal under
329 s. 985.534 and the Florida Rules of Appellate Procedure. Appeals
330 of such orders shall take precedence over other appeals and
331 other pending matters.
332 (2) A child may not be held in secure, nonsecure, or home
333 detention care under a special detention order for more than 21
334 days unless an adjudicatory hearing for the case has been
335 commenced in good faith by the court. However, upon good cause
336 being shown that the nature of the charge requires additional
337 time for the prosecution or defense of the case, the court may
338 extend the length of detention for an additional 9 days if the
339 child is charged with an offense that would be, if committed by
340 an adult, a capital felony, a life felony, a felony of the first
341 degree, or a felony of the second degree involving violence
342 against an any individual. For purposes of this subsection, if a
343 child is released, the child must comply with all conditions of
344 preadjudicatory release set by the circuit court.
345 (3) Except as provided in subsection (2), a child may not
346 be held in secure, nonsecure, or home detention care for more
347 than 15 days following the entry of an order of adjudication.
348 (4) The time limits in subsections (2) and (3) do not
349 include periods of delay resulting from a continuance granted by
350 the court for cause on motion of the child or his or her counsel
351 or of the state. Upon the issuance of an order granting a
352 continuance for cause on a motion by either the child, the
353 child's counsel, or the state, the court shall conduct a hearing
354 at the end of each 72-hour period, excluding Saturdays, Sundays,
355 and legal holidays, to determine the need for continued
356 detention of the child and the need for further continuance of
357 proceedings for the child or the state.
358 (5) The time limits required under this section do not
359 apply to children held in secure detention care pursuant to ss.
360 985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28.
361 (6)(5) A child who was not in secure detention care at the
362 time of the adjudicatory hearing, but for whom residential
363 commitment is anticipated or recommended, may be placed under a
364 special detention order for up to a period not to exceed 72
365 hours, excluding weekends and legal holidays, for the purpose of
366 conducting a comprehensive evaluation as provided in s. 985.185.
367 Motions for the issuance of such special detention order may be
368 made subsequent to a finding of delinquency. Upon such said
369 motion, the court shall conduct a hearing to determine the
370 appropriateness of a such special detention order and shall
371 order the least restrictive level of detention care necessary to
372 complete the comprehensive evaluation process that is consistent
373 with public safety. Such special detention order may be extended
374 for an additional 72 hours upon further order of the court.
375 (7)(6) If a child is detained and a petition for
376 delinquency is filed, the child shall be arraigned in accordance
377 with the Florida Rules of Juvenile Procedure within 48 hours
378 after the filing of the petition for delinquency.
379 Section 9. Subsection (1) of section 985.265, Florida
380 Statutes, is amended to read:
381 985.265 Detention transfer and release; education; adult
382 jails.—
383 (1) If a child is detained under this part, the department
384 may transfer the child from nonsecure or home detention care to
385 secure detention care only if significantly changed
386 circumstances warrant such transfer. Such circumstances include,
387 but are not limited to:
388 (a) Where a child is alleged to have absconded from home or
389 nonsecure detention care or otherwise violates the terms of
390 release after adjudication and commitment while awaiting
391 placement in a residential facility.
392 (b) Where probable cause exists that a child has committed
393 a new violation of law while on home or nonsecure detention care
394 after adjudication and commitment while awaiting placement in a
395 residential facility.
396 Section 10. Subsection (1) of section 985.27, Florida
397 Statutes, is amended to read:
398 985.27 Postcommitment detention while awaiting placement.—
399 (1) The court must place all children who are adjudicated
400 and awaiting placement in a commitment program in secure
401 detention care, home detention care, or nonsecure detention
402 care. Children who are in home detention care or nonsecure
403 detention care may be placed on electronic monitoring.
404 (a) A child who is awaiting placement in a low-risk
405 residential program must be removed from detention within 5
406 days, excluding Saturdays, Sundays, and legal holidays. Any
407 child held in secure detention during the 5 days must meet
408 detention admission criteria under this part. A child who is
409 placed in home detention care, nonsecure detention care, or home
410 or nonsecure detention care with electronic monitoring, while
411 awaiting placement in a minimum-risk or low-risk program, may be
412 held in secure detention care for 5 days, if the child violates
413 the conditions of the home detention care, the nonsecure
414 detention care, or the electronic monitoring agreement. For any
415 subsequent violation, the court may impose an additional 15 5
416 days in secure detention care, excluding Saturdays, Sundays, and
417 legal holidays.
418 (b) A child who is awaiting placement in a moderate-risk
419 residential program must be placed in secure detention care,
420 home detention care, or nonsecure detention care.
421 1. Any child held in secure detention care must meet
422 detention admission criteria under this part.
423 2. A child may not be held in secure detention care for
424 more than 15 days, excluding Saturdays, Sundays, and legal
425 holidays, while awaiting placement in a moderate-risk
426 residential facility, except that a child must be held in secure
427 detention care until placed in a residential facility if:
428 a. The child is alleged to have absconded from home
429 detention care or nonsecure detention care or otherwise violated
430 the terms of release or electronic monitoring; or
431 b. Probable cause exists that a child committed a new
432 violation of law while on home detention care, nonsecure
433 detention care, or electronic monitoring and the child is
434 awaiting placement in a residential program. A child who is
435 awaiting placement in a moderate-risk residential program must
436 be removed from detention within 5 days, excluding Saturdays,
437 Sundays, and legal holidays. Any child held in secure detention
438 during the 5 days must meet detention admission criteria under
439 this part. The department may seek an order from the court
440 authorizing continued detention for a specific period of time
441 necessary for the appropriate residential placement of the
442 child. However, such continued detention in secure detention
443 care may not exceed 15 days after entry of the commitment order,
444 excluding Saturdays, Sundays, and legal holidays, and except as
445 otherwise provided in this section. A child who is placed in
446 home detention care, nonsecure detention care, or home or
447 nonsecure detention care with electronic monitoring, while
448 awaiting placement in a moderate-risk program, may be held in
449 secure detention care for 5 days, if the child violates the
450 conditions of the home detention care, the nonsecure detention
451 care, or the electronic monitoring agreement. For any subsequent
452 violation, the court may impose an additional 5 days in secure
453 detention care.
454 (c) If the child is committed to a high-risk residential
455 program, the child must be held in secure detention care until
456 placement or commitment is accomplished.
457 (d) If the child is committed to a maximum-risk residential
458 program, the child must be held in secure detention care until
459 placement or commitment is accomplished.
460 Section 11. Section 985.28, Florida Statutes, is created to
461 read:
462 985.28 Preadjudicatory detention; contempt.—
463 (1) A child may be held in secure detention care if, after
464 proper notice, the child fails to appear in court because the
465 child refuses to appear, runs away, or otherwise intentionally
466 avoids his or her appearance. The court may hold the child in
467 secure detention care until the trial concludes, regardless of
468 the results of the risk assessment instrument.
469 (2) A parent or legal guardian, after being properly
470 noticed, who knowingly and willfully fails to bring or otherwise
471 prevents a child from appearing for trial may be held in
472 contempt of court.
473 Section 12. Subsection (1) of section 985.35, Florida
474 Statutes, is amended to read:
475 985.35 Adjudicatory hearings; withheld adjudications;
476 orders of adjudication.—
477 (1) The adjudicatory hearing must be held as soon as
478 practicable after the petition alleging that a child has
479 committed a delinquent act or violation of law is filed and in
480 accordance with the Florida Rules of Juvenile Procedure; but
481 reasonable delay for the purpose of investigation, discovery, or
482 procuring counsel or witnesses shall be granted. If the child is
483 being detained, the time limitations in s. 985.26(2) and (3)
484 apply.
485 Section 13. Paragraph (c) of subsection (1) of section
486 985.43, Florida Statutes, is amended, and subsection (4) is
487 added to that section, to read:
488 985.43 Predisposition reports; other evaluations.—
489 (1) Upon a finding that the child has committed a
490 delinquent act:
491 (c) A child who was not in secure detention at the time of
492 the adjudicatory hearing, but for whom residential commitment is
493 anticipated or recommended, may be placed under a special
494 detention order, as provided in s. 985.26(6) s. 985.26(5), for
495 the purpose of conducting a comprehensive evaluation.
496 (4) The Legislature finds that the court is in the best
497 position to weigh all facts and circumstances to determine
498 whether to commit a juvenile to the department and to determine
499 the most appropriate restrictiveness level for a juvenile
500 committed to the department.
501 Section 14. Paragraphs (a) and (b) of subsection (7) of
502 section 985.433, Florida Statutes, are amended to read:
503 985.433 Disposition hearings in delinquency cases.—When a
504 child has been found to have committed a delinquent act, the
505 following procedures shall be applicable to the disposition of
506 the case:
507 (7) If the court determines that the child should be
508 adjudicated as having committed a delinquent act and should be
509 committed to the department, such determination shall be in
510 writing or on the record of the hearing. The determination shall
511 include a specific finding of the reasons for the decision to
512 adjudicate and to commit the child to the department, including
513 any determination that the child was a member of a criminal
514 gang.
515 (a) The juvenile probation officer shall make a
516 recommendation to the court concerning placement and any
517 proposed treatment plan recommend to the court the most
518 appropriate placement and treatment plan, specifically
519 identifying the restrictiveness level most appropriate for the
520 child. If the court has determined that the child was a member
521 of a criminal gang, that determination must shall be given great
522 weight in identifying the most appropriate restrictiveness level
523 for the child. The court shall consider the department's
524 recommendation in making its commitment decision.
525 (b) The court may shall commit the child to the department
526 at the restrictiveness level identified by the department, or
527 the court may order placement at a different restrictiveness
528 level. The court may determine the disposition using the same
529 factors as the department considered in the department's
530 predisposition report and placement recommendation even if the
531 court reaches a different conclusion. The court may also commit
532 the child to a different restrictiveness level than recommended
533 by the department. The court shall state for the record the
534 reasons for the disposition imposed that establish by a
535 preponderance of the evidence why the court is disregarding the
536 assessment of the child and the restrictiveness level
537 recommended by the department. Any party may appeal the court's
538 findings that result resulting in a modified level of
539 restrictiveness under this paragraph. The department shall
540 maintain data to identify the extent to which the courts agree
541 with the department's recommendation.
542 Section 15. Subsection (2) of section 985.439, Florida
543 Statutes, is amended to read:
544 985.439 Violation of probation or postcommitment
545 probation.—
546 (2) A child taken into custody under s. 985.101 for
547 violating the conditions of probation or postcommitment
548 probation shall be held in a consequence unit, if such a unit is
549 available, or may be detained under part V in a facility other
550 than a consequence unit if one is not available. The child shall
551 be afforded a hearing within 24 hours after being taken into
552 custody to determine the existence of probable cause that the
553 child violated the conditions of probation or postcommitment
554 probation. A consequence unit is a secure facility specifically
555 designated by the department for children who are taken into
556 custody under s. 985.101 for violating probation or
557 postcommitment probation, or who have been found by the court to
558 have violated the conditions of probation or postcommitment
559 probation.
560 (a) If the violation involves a new charge of delinquency,
561 the child may be detained under part V in a facility other than
562 a consequence unit.
563 (b) If the child is not eligible for detention for the new
564 charge of delinquency, the child may be held in the consequence
565 unit pending a hearing and is subject to the time limitations
566 specified in part V.
567 Section 16. Section 938.20, Florida Statutes, is created to
568 read:
569 938.20 County juvenile crime prevention fund.—
570 (1) Notwithstanding s. 318.121 and in addition to ss.
571 938.19 and 939.185, the board of county commissioners in each
572 county may adopt a mandatory court cost to be assessed in
573 accordance with this section by incorporating by reference the
574 provisions of this section in a county ordinance. Assessments
575 collected shall be deposited into an account specifically for
576 the administration of the county's juvenile crime prevention
577 fund and used to fund only local programs whose principal focus
578 is the prevention of juvenile crime, the creation of consequence
579 or suspension centers, truancy programs, and such other areas of
580 local concern relating to juvenile crime.
581 (2) A sum of up to $50 shall be assessed as a court cost in
582 the circuit court in the county against each juvenile who pleads
583 guilty or nolo contendere to, or is found guilty of, regardless
584 of adjudication, a delinquent act.
585 (3) The assessment for court costs under this section are
586 in addition to any other cost or fee and may not be deducted
587 from the proceeds of any other cost that is received by the
588 county.
589 (4) The clerk of the circuit court shall collect the
590 assessments for court costs under this section and shall remit
591 the assessments to the county's juvenile crime prevention fund
592 monthly. The clerk shall withhold 3 percent of the assessments
593 collected, which shall be retained as fee income of the clerk's
594 office.
595 (5) A county's juvenile crime prevention fund must account
596 for all funds received and disbursed under this section in a
597 written report to the board of county commissioners of that
598 county. The report must be given to the commissioners by August
599 1 of each year unless a different date is required by the
600 commissioners.
601 (6) A county's juvenile crime prevention fund may be
602 administered by a nonprofit organization, a law enforcement
603 agency, the court administrator, the clerk of the circuit court,
604 a county agency, or another similar agency authorized by the
605 board of county commissioners of that county.
606 Section 17. Subsection (8) of section 790.22, Florida
607 Statutes, is amended to read:
608 790.22 Use of BB guns, air or gas-operated guns, or
609 electric weapons or devices by minor under 16; limitation;
610 possession of firearms by minor under 18 prohibited; penalties.—
611 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
612 under 18 years of age is charged with an offense that involves
613 the use or possession of a firearm, as defined in s. 790.001,
614 including a violation of subsection (3), or is charged for any
615 offense during the commission of which the minor possessed a
616 firearm, the minor shall be detained in secure detention, unless
617 the state attorney authorizes the release of the minor, and
618 shall be given a hearing within 24 hours after being taken into
619 custody. At the hearing, the court may order that the minor
620 continue to be held in secure detention in accordance with the
621 applicable time periods specified in s. 985.26 s. 985.26(1)-(5),
622 if the court finds that the minor meets the criteria specified
623 in s. 985.255, or if the court finds by clear and convincing
624 evidence that the minor is a clear and present danger to himself
625 or herself or the community. The Department of Juvenile Justice
626 shall prepare a form for all minors charged under this
627 subsection that states the period of detention and the relevant
628 demographic information, including, but not limited to, the sex,
629 age, and race of the minor; whether or not the minor was
630 represented by private counsel or a public defender; the current
631 offense; and the minor's complete prior record, including any
632 pending cases. The form shall be provided to the judge to be
633 considered when determining whether the minor should be
634 continued in secure detention under this subsection. An order
635 placing a minor in secure detention because the minor is a clear
636 and present danger to himself or herself or the community must
637 be in writing, must specify the need for detention and the
638 benefits derived by the minor or the community by placing the
639 minor in secure detention, and must include a copy of the form
640 provided by the department. The Department of Juvenile Justice
641 must send the form, including a copy of any order, without
642 client-identifying information, to the Office of Economic and
643 Demographic Research.
644 Section 18. The Legislature determines and declares that
645 this act fulfills an important state interest.
646 Section 19. This act shall take effect July 1, 2009.