HB 211

1
A bill to be entitled
2An act relating to juvenile justice; creating s. 985.031,
3F.S.; authorizing the court to set reasonable conditions
4of preadjudicatory release for children charged with
5specified acts or who have previously been charged with or
6committed delinquent acts; providing examples of such
7conditions; amending s. 985.101, F.S.; permitting a child
8to be taken into custody for violations of preadjudicatory
9release conditions; providing that a child taken into
10custody for a violation of preadjudicatory release
11conditions must appear before a judge within 24 hours;
12amending s. 985.24, F.S.; providing an additional finding
13to support the use of secure, nonsecure, or home detention
14care; amending s. 985.245, F.S.; providing that placement
15in detention care under a specified provision does not
16require a risk assessment; amending s. 985.25, F.S.;
17providing additional grounds for placement of a child in
18secure detention care; amending s. 985.255, F.S.;
19providing for continuing home or nonsecure or home
20detention care or secure detention care prior to a
21detention hearing in certain circumstances; amending s.
22985.26, F.S.; requiring that children who have been
23released comply with preadjudicatory release conditions;
24providing that certain time limits do not apply to secure
25detention under specified provisions; amending s. 985.265,
26F.S.; specifying some changed circumstances that permit
27the Department of Juvenile Justice to transfer a child
28from nonsecure or home detention care to secure detention
29care; amending s. 985.27, F.S.; specifying circumstances
30under which a child who is awaiting placement in a low-
31risk or minimum-risk residential program may be held in
32secure detention care; providing time limits on such
33detention care; providing for secure detention care for
34absconders from specified types of care; revising
35provisions for detention care of a child awaiting
36placement in a moderate-risk residential program;
37providing for secure detention care in specified
38circumstances; creating s. 985.28, F.S.; providing for
39secure detention of a child in specified circumstances;
40permitting a parent or legal guardian of a child to be
41held in contempt of court if he or she knowingly and
42willfully fails to bring or otherwise prevents the child
43from appearing for trial; amending s. 985.35, F.S.;
44conforming a cross-reference to changes made by the act;
45amending s. 985.43, F.S.; conforming a cross-reference to
46changes made by the act; providing a legislative
47declaration concerning the determination whether to commit
48a juvenile to the department and the most appropriate
49placement level if the juvenile is committed; amending s.
50985.433, F.S.; revising provisions relating to
51recommendations by probation officers to the court
52concerning placement and any proposed treatment plan of
53juveniles; specifying that the court has the power to
54determine appropriate dispositions; requiring that reasons
55for a disposition be stated for the record; amending s.
56985.439, F.S.; permitting a child to be detained in a
57facility other than a consequence unit if one is not
58available for a violation of probation or postcommitment
59probation under specified provisions; creating s. 938.20,
60F.S.; permitting each county to create a juvenile crime
61prevention fund; providing for an additional court cost;
62providing that no juvenile shall be assessed the
63additional court cost if the juvenile and the juvenile's
64parents or other legal guardian are found to be indigent;
65providing for administration and use of funds; amending s.
66790.22, F.S.; conforming a cross-reference; providing that
67the act fulfills an important state interest; providing
68legislative intent; providing an effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Section 985.031, Florida Statutes, is created
73to read:
74     985.031  Preadjudicatory release; circuit court
75authority.--The circuit court shall have the authority to set
76reasonable conditions of preadjudicatory release for a child
77charged with the commission of a delinquent act which
78constitutes a felony or when the child has previously been
79charged with or found to have committed, regardless of
80adjudication, a delinquent act. The child shall comply with all
81such preadjudicatory release conditions prior to an adjudicatory
82hearing. Reasonable conditions of preadjudicatory release may
83include, but are not limited to, the following:
84     (1)  The child shall not engage in a violation of law.
85     (2)  The child shall not possess or carry any weapon.
86     (3)  The child shall not possess or use any alcoholic
87beverage or illegal drug or associate with those who are
88currently possessing or using any alcoholic beverage or illegal
89drug.
90     (4)  The child shall obey all reasonable household rules.
91     (5)  The child shall attend school regularly, including all
92classes.
93     (6)  The child shall abide by the curfew set by his or her
94parents or guardians, or as set by the court.
95     (7)  The child shall have no contact with any codefendants,
96an alleged victim, or the family of any alleged victim.
97     (8)  The child shall not return to the scene of the alleged
98crime, unless approved by the court.
99     Section 2.  Paragraph (d) of subsection (1) of section
100985.101, Florida Statutes, is amended, and subsection (5) is
101added to that section, to read:
102     985.101  Taking a child into custody; preadjudicatory
103release conditions.--
104     (1)  A child may be taken into custody under the following
105circumstances:
106     (d)  By a law enforcement officer who has probable cause to
107believe that the child is in violation of the conditions of the
108child's preadjudicatory release, conditions of the child's
109probation, home detention, postcommitment probation, or
110conditional release supervision; has absconded from
111nonresidential commitment; or has escaped from residential
112commitment.
113
114Nothing in this subsection shall be construed to allow the
115detention of a child who does not meet the detention criteria in
116part V.
117     (5)  If a child is taken into custody under paragraph
118(1)(d) for a violation of the conditions of preadjudicatory
119release, the child must appear before a judge within 24 hours.
120     Section 3.  Subsection (1) of section 985.24, Florida
121Statutes, is amended to read:
122     985.24  Use of detention; prohibitions.--
123     (1)  All determinations and court orders regarding the use
124of secure, nonsecure, or home detention care shall be based
125primarily upon findings that the child:
126     (a)  Presents a substantial risk of not appearing at a
127subsequent hearing;
128     (b)  Presents a substantial risk of inflicting bodily harm
129on others as evidenced by recent behavior;
130     (c)  Presents a history of committing a property offense
131prior to adjudication, disposition, or placement;
132     (d)  Has been adjudicated delinquent and committed to the
133department in a residential facility, but is on home or
134nonsecure detention care while awaiting placement, and:
135     1.  Absconds from home or nonsecure detention care or
136otherwise violates the terms of release; or
137     2.  There is probable cause to believe that the child has
138committed a new violation of law;
139     (e)(d)  Has committed contempt of court by:
140     1.  Intentionally disrupting the administration of the
141court;
142     2.  Intentionally disobeying a court order; or
143     3.  Engaging in a punishable act or speech in the court's
144presence which shows disrespect for the authority and dignity of
145the court; or
146     (f)(e)  Requests protection from imminent bodily harm.
147     Section 4.  Subsection (1) of section 985.245, Florida
148Statutes, is amended to read:
149     985.245  Risk assessment instrument.--
150     (1)  All determinations and court orders regarding
151placement of a child into detention care shall comply with all
152requirements and criteria provided in this part and shall be
153based on a risk assessment of the child, unless the child is
154placed into detention care as provided in s. 985.255(2) or s.
155985.28.
156     Section 5.  Paragraph (b) of subsection (1) of section
157985.25, Florida Statutes, is amended to read:
158     985.25  Detention intake.--
159     (1)  The juvenile probation officer shall receive custody
160of a child who has been taken into custody from the law
161enforcement agency and shall review the facts in the law
162enforcement report or probable cause affidavit and make such
163further inquiry as may be necessary to determine whether
164detention care is required.
165     (b)  The juvenile probation officer shall base the decision
166whether or not to place the child into secure detention care,
167home detention care, or nonsecure detention care on an
168assessment of risk in accordance with the risk assessment
169instrument and procedures developed by the department under s.
170985.245. However, a child shall be placed in secure detention
171care if:
172     1.  The child is charged with possessing or discharging a
173firearm on school property in violation of s. 790.115;
174     2.  The child is alleged to have absconded from home or
175nonsecure detention care or the child otherwise violates the
176terms of release after adjudication and commitment to the
177department but before placement in a residential facility; or
178     3.  There is probable cause to believe the child has
179committed a new violation of law while on home or nonsecure
180detention care after adjudication and commitment but before
181placement in a residential facility shall be placed in secure
182detention care.
183
184Under no circumstances shall the juvenile probation officer or
185the state attorney or law enforcement officer authorize the
186detention of any child in a jail or other facility intended or
187used for the detention of adults, without an order of the court.
188     Section 6.  Subsections (1) and (3) of section 985.255,
189Florida Statutes, are amended to read:
190     985.255  Detention criteria; detention hearing.--
191     (1)  Subject to s. 985.25(1), a child taken into custody
192and placed into nonsecure or home detention care or detained in
193secure detention care prior to a detention hearing may continue
194to be detained by the court if:
195     (a)  The child is alleged to have absconded from home or
196nonsecure detention care or otherwise violates the terms of
197release after adjudication and commitment but while awaiting
198placement in a residential facility.
199     (b)  There is probable cause to believe the child has
200committed a new violation of law while on home or nonsecure
201detention care after adjudication and commitment but while
202awaiting placement in a residential facility.
203     (c)(a)  The child is alleged to be an escapee from a
204residential commitment program; or an absconder from a
205nonresidential commitment program, a probation program, or
206conditional release supervision; or is alleged to have escaped
207while being lawfully transported to or from a residential
208commitment program.
209     (d)(b)  The child is wanted in another jurisdiction for an
210offense which, if committed by an adult, would be a felony.
211     (e)(c)  The child is charged with a delinquent act or
212violation of law and requests in writing through legal counsel
213to be detained for protection from an imminent physical threat
214to his or her personal safety.
215     (f)(d)  The child is charged with committing an offense of
216domestic violence as defined in s. 741.28 and is detained as
217provided in subsection (2).
218     (g)(e)  The child is charged with possession or discharging
219a firearm on school property in violation of s. 790.115.
220     (h)(f)  The child is charged with a capital felony, a life
221felony, a felony of the first degree, a felony of the second
222degree that does not involve a violation of chapter 893, or a
223felony of the third degree that is also a crime of violence,
224including any such offense involving the use or possession of a
225firearm.
226     (i)(g)  The child is charged with any second degree or
227third degree felony involving a violation of chapter 893 or any
228third degree felony that is not also a crime of violence, and
229the child:
230     1.  Has a record of failure to appear at court hearings
231after being properly notified in accordance with the Rules of
232Juvenile Procedure;
233     2.  Has a record of law violations prior to court hearings;
234     3.  Has already been detained or has been released and is
235awaiting final disposition of the case;
236     4.  Has a record of violent conduct resulting in physical
237injury to others; or
238     5.  Is found to have been in possession of a firearm.
239     (j)(h)  The child is alleged to have violated the
240conditions of the child's probation or conditional release
241supervision. However, a child detained under this paragraph may
242be held only in a consequence unit as provided in s. 985.439. If
243a consequence unit is not available, the child may be placed in
244secure detention care, home detention care, or home detention
245care with electronic monitoring shall be placed on home
246detention with electronic monitoring.
247     (k)(i)  The child is detained on a judicial order for
248failure to appear and has previously willfully failed to appear,
249after proper notice, for an adjudicatory hearing on the same
250case regardless of the results of the risk assessment
251instrument. A child may be held in secure detention for up to 72
252hours in advance of the next scheduled court hearing pursuant to
253this paragraph. The child's failure to keep the clerk of court
254and defense counsel informed of a current and valid mailing
255address where the child will receive notice to appear at court
256proceedings does not provide an adequate ground for excusal of
257the child's nonappearance at the hearings.
258     (l)(j)  The child is detained on a judicial order for
259failure to appear and has previously willfully failed to appear,
260after proper notice, at two or more court hearings of any nature
261on the same case regardless of the results of the risk
262assessment instrument. A child may be held in secure detention
263for up to 72 hours in advance of the next scheduled court
264hearing pursuant to this paragraph. The child's failure to keep
265the clerk of court and defense counsel informed of a current and
266valid mailing address where the child will receive notice to
267appear at court proceedings does not provide an adequate ground
268for excusal of the child's nonappearance at the hearings.
269     (3)(a)  A child who meets any of the criteria in subsection
270(1) and who is ordered to be detained under that subsection
271shall be given a hearing within 24 hours after being taken into
272custody. The purpose of the detention hearing is to determine
273the existence of probable cause that the child has committed the
274delinquent act or violation of law that he or she is charged
275with and the need for continued detention. Unless a child is
276detained under paragraph (1)(a), paragraph (1)(b), paragraph
277(1)(f)(d), or paragraph (1)(g)(e), the court shall use the
278results of the risk assessment performed by the juvenile
279probation officer and, based on the criteria in subsection (1),
280shall determine the need for continued detention. A child placed
281into secure, nonsecure, or home detention care may continue to
282be so detained by the court. A child detained under paragraph
283(1)(a) or paragraph (1)(b) may be placed into secure detention
284care pending placement in a residential facility.
285     (c)  Except as provided in paragraph (1)(a), paragraph
286(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed
287into secure or nonsecure detention care, or into a respite home
288or other placement pursuant to a court order following a
289hearing, the court order must include specific instructions that
290direct the release of the child from such placement no later
291than 5 p.m. on the last day of the detention period specified in
292s. 985.26 or s. 985.27, whichever is applicable, unless the
293requirements of such applicable provision have been met or an
294order of continuance has been granted under s. 985.26(4).
295     Section 7.  Section 985.26, Florida Statutes, is amended to
296read:
297     985.26  Length of detention.--
298     (1)  A child may not be placed into or held in secure,
299nonsecure, or home detention care for longer than 24 hours
300unless the court orders such detention care, and the order
301includes specific instructions that direct the release of the
302child from such detention care, in accordance with s. 985.255.
303The order shall be a final order, reviewable by appeal under s.
304985.534 and the Florida Rules of Appellate Procedure. Appeals of
305such orders shall take precedence over other appeals and other
306pending matters.
307     (2)  A child may not be held in secure, nonsecure, or home
308detention care under a special detention order for more than 21
309days unless an adjudicatory hearing for the case has been
310commenced in good faith by the court. However, upon good cause
311being shown that the nature of the charge requires additional
312time for the prosecution or defense of the case, the court may
313extend the length of detention for an additional 9 days if the
314child is charged with an offense that would be, if committed by
315an adult, a capital felony, a life felony, a felony of the first
316degree, or a felony of the second degree involving violence
317against any individual. For purposes of this subsection, if a
318child is released, the child must comply with all conditions of
319preadjudicatory release set by the circuit court.
320     (3)  Except as provided in subsection (2), a child may not
321be held in secure, nonsecure, or home detention care for more
322than 15 days following the entry of an order of adjudication.
323     (4)  The time limits in subsections (2) and (3) do not
324include periods of delay resulting from a continuance granted by
325the court for cause on motion of the child or his or her counsel
326or of the state. Upon the issuance of an order granting a
327continuance for cause on a motion by either the child, the
328child's counsel, or the state, the court shall conduct a hearing
329at the end of each 72-hour period, excluding Saturdays, Sundays,
330and legal holidays, to determine the need for continued
331detention of the child and the need for further continuance of
332proceedings for the child or the state.
333     (5)  The time limits required under this section do not
334apply to children held in secure detention care pursuant to ss.
335985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28.
336     (6)(5)  A child who was not in secure detention care at the
337time of the adjudicatory hearing, but for whom residential
338commitment is anticipated or recommended, may be placed under a
339special detention order for a period not to exceed 72 hours,
340excluding weekends and legal holidays, for the purpose of
341conducting a comprehensive evaluation as provided in s. 985.185.
342Motions for the issuance of such special detention order may be
343made subsequent to a finding of delinquency. Upon said motion,
344the court shall conduct a hearing to determine the
345appropriateness of such special detention order and shall order
346the least restrictive level of detention care necessary to
347complete the comprehensive evaluation process that is consistent
348with public safety. Such special detention order may be extended
349for an additional 72 hours upon further order of the court.
350     (7)(6)  If a child is detained and a petition for
351delinquency is filed, the child shall be arraigned in accordance
352with the Florida Rules of Juvenile Procedure within 48 hours
353after the filing of the petition for delinquency.
354     Section 8.  Subsection (1) of section 985.265, Florida
355Statutes, is amended to read:
356     985.265  Detention transfer and release; education; adult
357jails.--
358     (1)  If a child is detained under this part, the department
359may transfer the child from nonsecure or home detention care to
360secure detention care only if significantly changed
361circumstances warrant such transfer. Such circumstances include,
362but are not limited to:
363     (a)  Where a child is alleged to have absconded from home
364or nonsecure detention care or otherwise violates the terms of
365release after adjudication and commitment but while awaiting
366placement in a residential facility; or
367     (b)  Where probable cause exists that a child has committed
368a new violation of law while on home or nonsecure detention care
369after adjudication and commitment but while awaiting placement
370in a residential facility.
371     Section 9.  Subsection (1) of section 985.27, Florida
372Statutes, is amended to read:
373     985.27  Postcommitment detention while awaiting
374placement.--
375     (1)  The court must place all children who are adjudicated
376and awaiting placement in a commitment program in secure
377detention care, home detention care, or nonsecure detention
378care. Children who are in home detention care or nonsecure
379detention care may be placed on electronic monitoring.
380     (a)  A child who is awaiting placement in a low-risk
381residential program must be removed from detention within 5
382days, excluding Saturdays, Sundays, and legal holidays. Any
383child held in secure detention during the 5 days must meet
384detention admission criteria under this part. A child who is
385placed in home detention care, nonsecure detention care, or home
386or nonsecure detention care with electronic monitoring, while
387awaiting placement in a minimum-risk or low-risk program, may be
388held in secure detention care for 5 days, if the child violates
389the conditions of the home detention care, the nonsecure
390detention care, or the electronic monitoring agreement. For any
391subsequent violation, the court may impose an additional 15 5
392days, excluding Saturdays, Sundays, and legal holidays, in
393secure detention care.
394     (b)1.  A child who is awaiting placement in a moderate-risk
395residential program must be placed in secure detention care,
396home detention care, or nonsecure detention care. Any child held
397in secure detention care must meet detention admission criteria
398under this part.
399     2.  A child may not be held in secure detention care longer
400than 15 days, excluding Saturdays, Sundays, and legal holidays,
401while awaiting placement in a moderate-risk residential
402facility, except that any child shall be held in secure
403detention care until placed in a residential facility if:
404     a.  The child is alleged to have absconded from home
405detention care or nonsecure detention care or otherwise violated
406the terms of release or electronic monitoring; or
407     b.  Probable cause exists that a child committed a new
408violation of law while on home detention care, nonsecure
409detention care, or electronic monitoring and the child is
410awaiting placement in a residential program A child who is
411awaiting placement in a moderate-risk residential program must
412be removed from detention within 5 days, excluding Saturdays,
413Sundays, and legal holidays. Any child held in secure detention
414during the 5 days must meet detention admission criteria under
415this part. The department may seek an order from the court
416authorizing continued detention for a specific period of time
417necessary for the appropriate residential placement of the
418child. However, such continued detention in secure detention
419care may not exceed 15 days after entry of the commitment order,
420excluding Saturdays, Sundays, and legal holidays, and except as
421otherwise provided in this section. A child who is placed in
422home detention care, nonsecure detention care, or home or
423nonsecure detention care with electronic monitoring, while
424awaiting placement in a moderate-risk program, may be held in
425secure detention care for 5 days, if the child violates the
426conditions of the home detention care, the nonsecure detention
427care, or the electronic monitoring agreement. For any subsequent
428violation, the court may impose an additional 5 days in secure
429detention care.
430     (c)  If the child is committed to a high-risk residential
431program, the child must be held in secure detention care until
432placement or commitment is accomplished.
433     (d)  If the child is committed to a maximum-risk
434residential program, the child must be held in secure detention
435care until placement or commitment is accomplished.
436     Section 10.  Section 985.28, Florida Statutes, is created
437to read:
438     985.28  Appearance in court; preadjudicatory detention;
439contempt.--
440     (1)  A child may be held in secure detention care if, after
441proper notice, the child fails to appear in court because the
442child refuses to appear, runs away, or otherwise intentionally
443avoids his or her appearance. The court may hold the child in
444secure detention care until the trial concludes, regardless of
445the results of the risk assessment instrument.
446     (2)  A parent or legal guardian, after being properly
447noticed, who knowingly and willfully fails to bring or otherwise
448prevents a child from appearing for trial may be held in
449contempt of court.
450     Section 11.  Subsection (1) of section 985.35, Florida
451Statutes, is amended to read:
452     985.35  Adjudicatory hearings; withheld adjudications;
453orders of adjudication.--
454     (1)  The adjudicatory hearing must be held as soon as
455practicable after the petition alleging that a child has
456committed a delinquent act or violation of law is filed and in
457accordance with the Florida Rules of Juvenile Procedure; but
458reasonable delay for the purpose of investigation, discovery, or
459procuring counsel or witnesses shall be granted. If the child is
460being detained, the time limitations in s. 985.26(2) and (3)
461apply.
462     Section 12.  Paragraph (c) of subsection (1) of section
463985.43, Florida Statutes, is amended, and subsection (4) is
464added to that section, to read:
465     985.43  Predisposition reports; other evaluations.--
466     (1)  Upon a finding that the child has committed a
467delinquent act:
468     (c)  A child who was not in secure detention at the time of
469the adjudicatory hearing, but for whom residential commitment is
470anticipated or recommended, may be placed under a special
471detention order, as provided in s. 985.26(6)(5), for the purpose
472of conducting a comprehensive evaluation.
473     (4)  The Legislature finds that the court is in the best
474position to weigh all facts and circumstances to determine
475whether or not to commit a juvenile to the department and to
476determine the most appropriate restrictiveness level for a
477juvenile committed to the department.
478     Section 13.  Paragraphs (a) and (b) of subsection (7) of
479section 985.433, Florida Statutes, are amended to read:
480     985.433  Disposition hearings in delinquency cases.--When a
481child has been found to have committed a delinquent act, the
482following procedures shall be applicable to the disposition of
483the case:
484     (7)  If the court determines that the child should be
485adjudicated as having committed a delinquent act and should be
486committed to the department, such determination shall be in
487writing or on the record of the hearing. The determination shall
488include a specific finding of the reasons for the decision to
489adjudicate and to commit the child to the department, including
490any determination that the child was a member of a criminal
491gang.
492     (a)  The juvenile probation officer shall make a
493recommendation to the court concerning placement and any
494proposed treatment plan recommend to the court the most
495appropriate placement and treatment plan, specifically
496identifying the restrictiveness level most appropriate for the
497child. If the court has determined that the child was a member
498of a criminal gang, that determination shall be given great
499weight in identifying the most appropriate restrictiveness level
500for the child. The court shall consider the department's
501recommendation in making its commitment decision.
502     (b)  The court may shall commit the child to the department
503at the restrictiveness level identified by the department, or
504the court may order placement at a different restrictiveness
505level. The court may determine the disposition on the same
506factors as the department considered in the department's
507predisposition report and placement recommendation even if the
508court reaches a different conclusion. The court may commit the
509child to a different restrictiveness level than recommended by
510the department. The court shall state for the record the reasons
511for the disposition imposed that establish by a preponderance of
512the evidence why the court is disregarding the assessment of the
513child and the restrictiveness level recommended by the
514department. Any party may appeal the court's findings resulting
515in a modified level of restrictiveness under this paragraph. The
516department shall maintain data to identify the extent to which
517the courts agree with the department's recommendation.
518     Section 14.  Subsection (2) of section 985.439, Florida
519Statutes, is amended to read:
520     985.439  Violation of probation or postcommitment
521probation.--
522     (2)  A child taken into custody under s. 985.101 for
523violating the conditions of probation or postcommitment
524probation shall be held in a consequence unit if such a unit is
525available or may be detained under part V in a facility other
526than a consequence unit if one is not available. The child shall
527be afforded a hearing within 24 hours after being taken into
528custody to determine the existence of probable cause that the
529child violated the conditions of probation or postcommitment
530probation. A consequence unit is a secure facility specifically
531designated by the department for children who are taken into
532custody under s. 985.101 for violating probation or
533postcommitment probation, or who have been found by the court to
534have violated the conditions of probation or postcommitment
535probation. If the violation involves a new charge of
536delinquency, the child may be detained under part V in a
537facility other than a consequence unit. If the child is not
538eligible for detention for the new charge of delinquency, the
539child may be held in the consequence unit pending a hearing and
540is subject to the time limitations specified in part V.
541     Section 15.  Section 938.20, Florida Statutes, is created
542to read:
543     938.20  County juvenile crime prevention fund.--
544     (1)  Notwithstanding s. 318.121, and in addition to ss.
545938.19 and 939.185, in each county the board of county
546commissioners may adopt a mandatory court cost to be assessed in
547specific cases by incorporating by reference the provisions of
548this section in a county ordinance. Assessments collected by the
549clerk of the circuit court under this section shall be deposited
550into an account specifically for the administration of the
551county's juvenile crime prevention fund. The proceeds of the
552county's juvenile crime prevention fund shall only be used to
553fund local programs whose principal focus is the prevention of
554juvenile crime, the creation of consequence or suspension
555centers, and truancy programs and such other areas of local
556concern relating to juvenile crime.
557     (2)  A sum of up to $50 shall be assessed as a court cost
558in the circuit court in the county against each juvenile who
559pleads guilty or nolo contendere to, or is found guilty of,
560regardless of adjudication, a delinquent act. A juvenile may not
561be assessed court costs under this section if the juvenile and
562the juvenile's parents or other legal guardian are found to be
563indigent.
564     (3)  The assessment for court costs under this section
565shall be assessed in addition to any other cost or fee and may
566not be deducted from the proceeds of any other cost that is
567received by the county.
568     (4)(a)  The clerk of the circuit court shall collect the
569assessments for court costs under this section and shall remit
570the assessments to the county's juvenile crime prevention fund
571monthly.
572     (b)  The clerk of the circuit court shall withhold 3
573percent of the assessments collected, which shall be retained as
574fee income of the office of the clerk of the circuit court.
575     (5)  A county's juvenile crime prevention fund must account
576for all funds received and disbursed under this section in a
577written report to the board of county commissioners of that
578county. The report must be given to the commissioners by August
5791 of each year unless a different date is required by the
580commissioners.
581     (6)  A county's juvenile crime prevention fund may be
582administered by a nonprofit organization, a law enforcement
583agency, the court administrator, the clerk of the circuit court,
584a county agency, or another similar agency authorized by the
585board of county commissioners of that county.
586     Section 16.  Subsection (8) of section 790.22, Florida
587Statutes, is amended to read:
588     790.22  Use of BB guns, air or gas-operated guns, or
589electric weapons or devices by minor under 16; limitation;
590possession of firearms by minor under 18 prohibited;
591penalties.--
592     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
593under 18 years of age is charged with an offense that involves
594the use or possession of a firearm, as defined in s. 790.001,
595including a violation of subsection (3), or is charged for any
596offense during the commission of which the minor possessed a
597firearm, the minor shall be detained in secure detention, unless
598the state attorney authorizes the release of the minor, and
599shall be given a hearing within 24 hours after being taken into
600custody. At the hearing, the court may order that the minor
601continue to be held in secure detention in accordance with the
602applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
603the court finds that the minor meets the criteria specified in
604s. 985.255, or if the court finds by clear and convincing
605evidence that the minor is a clear and present danger to himself
606or herself or the community. The Department of Juvenile Justice
607shall prepare a form for all minors charged under this
608subsection that states the period of detention and the relevant
609demographic information, including, but not limited to, the sex,
610age, and race of the minor; whether or not the minor was
611represented by private counsel or a public defender; the current
612offense; and the minor's complete prior record, including any
613pending cases. The form shall be provided to the judge to be
614considered when determining whether the minor should be
615continued in secure detention under this subsection. An order
616placing a minor in secure detention because the minor is a clear
617and present danger to himself or herself or the community must
618be in writing, must specify the need for detention and the
619benefits derived by the minor or the community by placing the
620minor in secure detention, and must include a copy of the form
621provided by the department. The Department of Juvenile Justice
622must send the form, including a copy of any order, without
623client-identifying information, to the Office of Economic and
624Demographic Research.
625     Section 17.  The Legislature determines and declares that
626this act fulfills an important state interest.
627     Section 18.  It is the intent of the Legislature with this
628act to ensure public safety and to provide appropriate and
629effective treatment to address physical, social, and emotional
630needs of juveniles, including, but not limited to, substance
631abuse services, mental health services, family counseling, anger
632management, other behavioral services, and health care services.
633     Section 19.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.