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         985.031Preadjudicatory 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         985.28Preadjudicatory 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         938.20County 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.