Florida Senate - 2010 CS for SB 2364
By the Committee on Criminal Justice; and Senator Dockery
591-03787-10 20102364c1
1 A bill to be entitled
2 An act relating to criminal justice; amending s.
3 775.0877, F.S.; revising obsolete references; amending
4 s. 775.25, F.S.; clarifying a reference to a repealed
5 section; amending s. 784.07, F.S.; removing an
6 outdated reference to certain employees in relation to
7 assault and battery of specified persons; amending s.
8 831.16, F.S.; clarifying a cross-reference; clarifying
9 that it is a third-degree felony for a person to
10 knowingly have in his or her possession fewer than 10
11 counterfeit coins with the intent to utter or pass
12 such coins; amending s. 831.17, F.S.; clarifying a
13 cross-reference; clarifying that certain subsequent
14 violations of s. 831.16, F.S., are punishable as a
15 second-degree felony; amending s. 831.18, F.S.;
16 clarifying that the offense of making or possessing
17 instruments for forging bills is punishable as a
18 third-degree felony; amending s. 831.21, F.S.;
19 clarifying that the offense of forging or
20 counterfeiting a doctor’s certificate of examination
21 is punishable as a third-degree felony; amending s.
22 831.27, F.S.; correcting a reference relating to the
23 offense of issuing notes; amending s. 838.021, F.S.;
24 correcting grammatical errors; reenacting s. 847.0125,
25 F.S., relating to retail display of materials harmful
26 to minors; amending s. 860.13, F.S.; correcting an
27 obsolete reference; amending s. 865.09, F.S.;
28 correcting a reference; amending s. 893.10, F.S.;
29 removing obsolete language relating to evidence in
30 possession of controlled substances cases; reenacting
31 s. 914.24(2)(a), F.S., relating to victim and witness
32 protection orders; amending ss. 916.12 and 916.3012,
33 F.S.; revising and clarifying provisions; amending s.
34 918.0155, F.S.; deleting obsolete language directing
35 the Legislature to request the Supreme Court to adopt
36 emergency rules; amending s. 921.0022, F.S.;
37 correcting references in the offense severity ranking
38 chart; reenacting s. 921.141(5)(a), F.S., relating to
39 sentence of death or life imprisonment for capital
40 felonies; amending s. 932.704, F.S.; deleting an
41 obsolete provision relating to the deadline for
42 certifying compliance with the Contraband Forfeiture
43 Act; amending s. 933.18, F.S.; correcting a reference
44 in relation to when a warrant may be issued to search
45 a dwelling; amending s. 933.40, F.S.; replacing
46 obsolete references to “magistrate” with references to
47 “trial court judge”; amending s. 934.03, F.S.;
48 deleting an obsolete cross-reference; defining the
49 term “public utility”; amending s. 938.15, F.S.;
50 clarifying that the term “commission” refers to the
51 Criminal Justice Standards and Training Commission;
52 amending s. 943.051, F.S.; clarifying a reference to a
53 repealed section; amending s. 943.053, F.S.; removing
54 an obsolete reference; amending s. 943.0581, F.S.;
55 clarifying provisions; reenacting s. 943.0582(3)(a)
56 and (5), F.S., relating to prearrest, postarrest, or
57 teen court diversion program expunction; reenacting s.
58 943.135(4)(b), F.S., relating to requirements for
59 continued employment; amending s. 944.053, F.S.;
60 updating obsolete provisions; reenacting s. 944.28(1),
61 F.S., relating to gain-time; amending ss. 944.708,
62 944.801, and 945.10, F.S.; replacing obsolete
63 references to the Department of Labor and Employment
64 Security with references to the Agency for Workforce
65 Innovation; reenacting s. 947.06, F.S., relating to
66 when the Florida Parole Commission may meet and act;
67 amending s. 949.071, F.S.; correcting a federal
68 statutory citation; amending s. 957.07, F.S.;
69 replacing an obsolete reference to the Correctional
70 Privatization Commission with a reference to the
71 Department of Management Services; amending s.
72 985.486, F.S.; correcting references concerning
73 intensive residential treatment programs for offenders
74 less than 13 years of age; amending s. 985.632, F.S.;
75 removing a reference to a repealed provision; removing
76 obsolete provisions; reenacting s. 985.686(2)(b),
77 F.S., relating to county and state responsibility for
78 juvenile detention; amending ss. 815.03, 817.554,
79 828.17, 831.30, 877.22, 893.02, 921.20, 944.023,
80 944.474, 947.16, 951.23, 951.231, 960.003, and
81 984.225, F.S.; correcting cross-references; providing
82 an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Paragraph (c) of subsection (1) of section
87 775.0877, Florida Statutes, is amended to read:
88 775.0877 Criminal transmission of HIV; procedures;
89 penalties.—
90 (1) In any case in which a person has been convicted of or
91 has pled nolo contendere or guilty to, regardless of whether
92 adjudication is withheld, any of the following offenses, or the
93 attempt thereof, which offense or attempted offense involves the
94 transmission of body fluids from one person to another:
95 (c) Section 800.04(1), (2), and (3), relating to lewd or
96 lascivious offenses committed upon or in the presence of persons
97 lewd, lascivious, or indecent assault or act upon any person
98 less than 16 years of age,
99
100 the court shall order the offender to undergo HIV testing, to be
101 performed under the direction of the Department of Health in
102 accordance with s. 381.004, unless the offender has undergone
103 HIV testing voluntarily or pursuant to procedures established in
104 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
105 rule providing for HIV testing of criminal offenders or inmates,
106 subsequent to her or his arrest for an offense enumerated in
107 paragraphs (a)-(n) for which she or he was convicted or to which
108 she or he pled nolo contendere or guilty. The results of an HIV
109 test performed on an offender pursuant to this subsection are
110 not admissible in any criminal proceeding arising out of the
111 alleged offense.
112 Section 2. Section 775.25, Florida Statutes, is amended to
113 read:
114 775.25 Prosecutions for acts or omissions.—A sexual
115 predator or sexual offender who commits any act or omission in
116 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
117 944.607, or former s. 947.177 may be prosecuted for the act or
118 omission in the county in which the act or omission was
119 committed, the county of the last registered address of the
120 sexual predator or sexual offender, or the county in which the
121 conviction occurred for the offense or offenses that meet the
122 criteria for designating a person as a sexual predator or sexual
123 offender. In addition, a sexual predator may be prosecuted for
124 any such act or omission in the county in which he or she was
125 designated a sexual predator.
126 Section 3. Subsection (2) of section 784.07, Florida
127 Statutes, is amended to read:
128 784.07 Assault or battery of law enforcement officers,
129 firefighters, emergency medical care providers, public transit
130 employees or agents, or other specified officers;
131 reclassification of offenses; minimum sentences.—
132 (2) Whenever any person is charged with knowingly
133 committing an assault or battery upon a law enforcement officer,
134 a firefighter, an emergency medical care provider, a traffic
135 accident investigation officer as described in s. 316.640, a
136 nonsworn law enforcement agency employee who is certified as an
137 agency inspector, a blood alcohol analyst, or a breath test
138 operator while such employee is in uniform and engaged in
139 processing, testing, evaluating, analyzing, or transporting a
140 person who is detained or under arrest for DUI, a law
141 enforcement explorer, a traffic infraction enforcement officer
142 as described in s. 316.640, a parking enforcement specialist as
143 defined in s. 316.640, a person licensed as a security officer
144 as defined in s. 493.6101 and wearing a uniform that bears at
145 least one patch or emblem that is visible at all times that
146 clearly identifies the employing agency and that clearly
147 identifies the person as a licensed security officer, or a
148 security officer employed by the board of trustees of a
149 community college, while the officer, firefighter, emergency
150 medical care provider, intake officer, traffic accident
151 investigation officer, traffic infraction enforcement officer,
152 inspector, analyst, operator, law enforcement explorer, parking
153 enforcement specialist, public transit employee or agent, or
154 security officer is engaged in the lawful performance of his or
155 her duties, the offense for which the person is charged shall be
156 reclassified as follows:
157 (a) In the case of assault, from a misdemeanor of the
158 second degree to a misdemeanor of the first degree.
159 (b) In the case of battery, from a misdemeanor of the first
160 degree to a felony of the third degree.
161 (c) In the case of aggravated assault, from a felony of the
162 third degree to a felony of the second degree. Notwithstanding
163 any other provision of law, any person convicted of aggravated
164 assault upon a law enforcement officer shall be sentenced to a
165 minimum term of imprisonment of 3 years.
166 (d) In the case of aggravated battery, from a felony of the
167 second degree to a felony of the first degree. Notwithstanding
168 any other provision of law, any person convicted of aggravated
169 battery of a law enforcement officer shall be sentenced to a
170 minimum term of imprisonment of 5 years.
171 Section 4. Subsection (11) of section 815.03, Florida
172 Statutes, is amended to read:
173 815.03 Definitions.—As used in this chapter, unless the
174 context clearly indicates otherwise:
175 (11) “Property” means anything of value as defined in s.
176 812.012 812.011 and includes, but is not limited to, financial
177 instruments, information, including electronically produced data
178 and computer software and programs in either machine-readable or
179 human-readable form, and any other tangible or intangible item
180 of value.
181 Section 5. Subsection (4) of section 817.554, Florida
182 Statutes, is amended to read:
183 817.554 Fraudulently offering for sale tour or travel
184 related services.—
185 (4) Any individual or group which meets the standards of
186 organized fraud as defined in s. 817.034 817.036 shall be
187 punished as provided in s. 817.034 817.036.
188 Section 6. Section 828.17, Florida Statutes, is amended to
189 read:
190 828.17 Officer to arrest without warrant.—Any sheriff or
191 any other peace officer of the state, or any police officer of
192 any city or town of the state, shall arrest without warrant any
193 person found violating any of the provisions of ss. 828.04,
194 828.08, 828.12, and 828.13-828.16, and the officer making the
195 arrest shall hold the offender until a warrant can be procured,
196 and he or she shall use proper diligence to procure such
197 warrant.
198 Section 7. Section 831.16, Florida Statutes, is amended to
199 read:
200 831.16 Having fewer less than 10 counterfeit coins in
201 possession, with intent to utter.—Whoever has in his or her
202 possession any number of pieces fewer less than 10 of the
203 counterfeit coin mentioned in s. 831.15 the preceding section,
204 knowing the same to be counterfeit, with intent to utter or pass
205 the same as true, or who utters, passes or tenders in payment as
206 true any such counterfeit coin, knowing the same to be false and
207 counterfeit, commits a felony of the third degree, punishable as
208 provided in s. 775.082, s. 775.083, or s. 775.084 shall be
209 punished by imprisonment in the state prison not exceeding 10
210 years, or in the county jail not exceeding 12 months, or by fine
211 not exceeding $1,000.
212 Section 8. Section 831.17, Florida Statutes, is amended to
213 read:
214 831.17 Violation of s. 831.16; second conviction.—Whoever
215 having been convicted of either of the offenses mentioned in s.
216 831.16 the preceding section, is again convicted of either of
217 the same offenses, committed after the former conviction, and
218 whoever is at the same term of the court convicted upon three
219 distinct charges of said offenses, commits a felony of the
220 second degree, punishable as provided in s. 775.082, s. 775.083,
221 or s. 775.084 shall be deemed a common utterer of counterfeit
222 coin and punished by imprisonment in the state prison not
223 exceeding 20 years.
224 Section 9. Section 831.18, Florida Statutes, is amended to
225 read:
226 831.18 Making or possessing instruments for forging bills.
227 Whoever engraves, makes, or amends, or begins to engrave, make,
228 or amend, any plate, block, press, or other tool, instrument, or
229 implement, or makes or provides any paper or other material,
230 adapted and designed for the making of a false and counterfeit
231 note, certificate, or other bill of credit, purporting to be
232 issued by lawful authority for a debt of this state, or a false
233 or counterfeit note or bill, in the similitude of the notes or
234 bills issued by any bank or banking company established in this
235 state, or within the United States, or in any foreign province,
236 state, or government; and whoever has in his or her possession
237 any such plate or block engraved in any part, or any press or
238 other tool, instrument, or any paper or other material adapted
239 and designed as aforesaid, with intent to issue the same, or to
240 cause or permit the same to be used in forging or making any
241 such false and counterfeit certificates, bills, or notes,
242 commits a felony of the third degree, punishable as provided in
243 s. 775.082, s. 775.083, or s. 775.084 shall be punished by
244 imprisonment in the state prison not exceeding 10 years, or by
245 fine not exceeding $1,000.
246 Section 10. Section 831.21, Florida Statutes, is amended to
247 read:
248 831.21 Forging or counterfeiting doctor’s certificate of
249 examination.—Whoever falsely makes, alters, forges, or
250 counterfeits any doctor’s certificate or record of examination
251 to an application for a policy of insurance, or knowing such
252 doctor’s certificate or record of examination to be falsely
253 made, altered, forged, or counterfeited, passes shall pass,
254 utters, utter or publishes publish such certificate as true,
255 with intent to injure or defraud any person, commits a felony of
256 the third degree, punishable as provided in s. 775.082, s.
257 775.083, or s. 775.084 shall be deemed guilty of forgery, and
258 upon conviction thereof shall be punished by imprisonment in the
259 state penitentiary not exceeding 5 years, or by fine not
260 exceeding $500.
261 Section 11. Section 831.27, Florida Statutes, is amended to
262 read:
263 831.27 Issuing notes.—Whoever issues any note, bill, order,
264 or check, other than foreign bills of exchange and notes or
265 bills of some bank or company incorporated by the laws of this
266 state, or by the laws of the United States, or by the laws of
267 Canada either of the British provinces in North America, with
268 intent that the same shall be circulated as currency, commits
269 shall be guilty of a misdemeanor of the second degree,
270 punishable as provided in s. 775.083.
271 Section 12. Section 831.30, Florida Statutes, is amended to
272 read:
273 831.30 Medicinal drugs; fraud in obtaining.—Whoever:
274 (1) Falsely makes, alters, or forges any prescription, as
275 defined in s. 465.003 465.031(2), for a medicinal drug other
276 than a drug controlled by chapter 893;
277 (2) Knowingly causes such prescription to be falsely made,
278 altered, forged, or counterfeited; or
279 (3) Passes, utters, or publishes such prescription or
280 otherwise knowingly holds out such false or forged prescription
281 as true,
282
283 with intent to obtain such drug commits, shall be guilty of a
284 misdemeanor of the second degree, punishable as provided in s.
285 775.082 or s. 775.083. A second or subsequent conviction
286 constitutes shall constitute a misdemeanor of the first degree,
287 punishable as provided in s. 775.082 or s. 775.083.
288 Section 13. Subsection (1) of section 838.021, Florida
289 Statutes, is amended to read:
290 838.021 Corruption by threat against public servant.—
291 (1) It is unlawful to harm Whoever unlawfully harms or
292 threaten to threatens unlawful harm to any public servant, to
293 his or her immediate family, or to any other person with whose
294 welfare the public servant is interested, with the intent to or
295 purpose:
296 (a) To Influence the performance of any act or omission
297 that which the person believes to be, or that the public servant
298 represents as being, within the official discretion of the
299 public servant, in violation of a public duty, or in performance
300 of a public duty.
301 (b) To Cause or induce the public servant to use or exert,
302 or procure the use or exertion of, any influence upon or with
303 any other public servant regarding any act or omission that
304 which the person believes to be, or that the public servant
305 represents as being, within the official discretion of the
306 public servant, in violation of a public duty, or in performance
307 of a public duty.
308 Section 14. Section 847.0125, Florida Statutes, is
309 reenacted to read:
310 847.0125 Retail display of materials harmful to minors
311 prohibited.—
312 (1) “KNOWINGLY” DEFINED.—As used in this section,
313 “knowingly” means having general knowledge of, reason to know,
314 or a belief or ground for belief which warrants further
315 inspection or inquiry of both:
316 (a) The character and content of any material described
317 herein which is reasonably susceptible of examination by the
318 defendant, and
319 (b) The age of the minor; however, an honest mistake shall
320 constitute an excuse from liability hereunder if the defendant
321 made a reasonable bona fide attempt to ascertain the true age of
322 such minor.
323 (2) OFFENSES AND PENALTIES.—
324 (a) It is unlawful for anyone offering for sale in a retail
325 establishment open to the general public any book, magazine, or
326 other printed material, the cover of which depicts material
327 which is harmful to minors, to knowingly exhibit such book,
328 magazine, or material in such establishment in such a way that
329 it is on open display to, or within the convenient reach of,
330 minors who may frequent the retail establishment. Such items
331 shall, however, be displayed, either individually or
332 collectively, behind an opaque covering which conceals the book,
333 magazine, or other printed material.
334 (b) It is unlawful for anyone offering for sale in a retail
335 establishment open to the general public any book, magazine, or
336 other printed material, the content of which exploits, is
337 devoted to, or is principally made up of descriptions or
338 depictions of material which is harmful to minors, to knowingly
339 exhibit such book, magazine, or material in such establishment
340 in such a way that it is within the convenient reach of minors
341 who may frequent the retail establishment.
342 (c) A violation of any provision of this section
343 constitutes a misdemeanor of the first degree, punishable as
344 provided in s. 775.082 or s. 775.083.
345 Section 15. Subsection (4) of section 860.13, Florida
346 Statutes, is amended to read:
347 860.13 Operation of aircraft while intoxicated or in
348 careless or reckless manner; penalty.—
349 (4) It shall be the duty of any court in which there is a
350 conviction for violation of this statute to report such
351 conviction to the Federal Aviation Civil Aeronautics
352 Administration for its guidance and information with respect to
353 the pilot’s certificate.
354 Section 16. Subsection (11) of section 865.09, Florida
355 Statutes, is amended to read:
356 865.09 Fictitious name registration.—
357 (11) FORMS.—Registration, cancellation, and renewal shall
358 be made on forms prescribed by the Department of State, which
359 may include the uniform business report, pursuant to s. 606.06,
360 as a means of satisfying the requirement of this section part.
361 Section 17. Subsection (4) of section 877.22, Florida
362 Statutes, is amended to read:
363 877.22 Minors prohibited in public places and
364 establishments during certain hours; penalty; procedure.—
365 (4) If a minor violates a curfew and is taken into custody,
366 the minor shall be transported immediately to a police station
367 or to a facility operated by a religious, charitable, or civic
368 organization that conducts a curfew program in cooperation with
369 a local law enforcement agency. After recording pertinent
370 information about the minor, the law enforcement agency shall
371 attempt to contact the parent of the minor and, if successful,
372 shall request that the parent take custody of the minor and
373 shall release the minor to the parent. If the law enforcement
374 agency is not able to contact the minor’s parent within 2 hours
375 after the minor is taken into custody, or if the parent refuses
376 to take custody of the minor, the law enforcement agency may
377 transport the minor to her or his residence or proceed as
378 authorized under part V II of chapter 39.
379 Section 18. Subsection (21) of section 893.02, Florida
380 Statutes, is amended to read:
381 893.02 Definitions.—The following words and phrases as used
382 in this chapter shall have the following meanings, unless the
383 context otherwise requires:
384 (21) “Prescription” means and includes an order for drugs
385 or medicinal supplies written, signed, or transmitted by word of
386 mouth, telephone, telegram, or other means of communication by a
387 duly licensed practitioner licensed by the laws of the state to
388 prescribe such drugs or medicinal supplies, issued in good faith
389 and in the course of professional practice, intended to be
390 filled, compounded, or dispensed by another person licensed by
391 the laws of the state to do so, and meeting the requirements of
392 s. 893.04. The term also includes an order for drugs or
393 medicinal supplies so transmitted or written by a physician,
394 dentist, veterinarian, or other practitioner licensed to
395 practice in a state other than Florida, but only if the
396 pharmacist called upon to fill such an order determines, in the
397 exercise of his or her professional judgment, that the order was
398 issued pursuant to a valid patient-physician relationship, that
399 it is authentic, and that the drugs or medicinal supplies so
400 ordered are considered necessary for the continuation of
401 treatment of a chronic or recurrent illness. However, if the
402 physician writing the prescription is not known to the
403 pharmacist, the pharmacist shall obtain proof to a reasonable
404 certainty of the validity of said prescription. A prescription
405 order for a controlled substance shall not be issued on the same
406 prescription blank with another prescription order for a
407 controlled substance which is named or described in a different
408 schedule, nor shall any prescription order for a controlled
409 substance be issued on the same prescription blank as a
410 prescription order for a medicinal drug, as defined in s.
411 465.003(8) 465.031(5), which does not fall within the definition
412 of a controlled substance as defined in this act.
413 Section 19. Subsections (3) and (4) of section 893.10,
414 Florida Statutes, are renumbered as subsections (2) and (3),
415 respectively, and present subsection (2) of that section is
416 amended to read:
417 893.10 Burden of proof; photograph or video recording of
418 evidence.—
419 (2) In the case of a person charged under s. 893.14(1) with
420 the possession of a controlled substance, the label required
421 under s. 893.04(1) or s. 893.05(2) is admissible in evidence and
422 prima facie evidence that such substance was obtained pursuant
423 to a valid prescription form or dispensed by a practitioner
424 while acting in the course of his or her professional practice.
425 Section 20. Paragraph (a) of subsection (2) of section
426 914.24, Florida Statutes, is reenacted to read:
427 914.24 Civil action to restrain harassment of a victim or
428 witness.—
429 (2)(a) A circuit court, upon motion of the state attorney,
430 shall issue a protective order prohibiting the harassment of a
431 victim or witness in a criminal case if the court, after a
432 hearing, finds by a preponderance of the evidence that
433 harassment of an identified victim or witness in a criminal case
434 exists or that such order is necessary to prevent and restrain
435 an offense under s. 914.22, other than an offense consisting of
436 misleading conduct, or to prevent and restrain an offense under
437 s. 914.23.
438 Section 21. Subsection (3) of section 916.12, Florida
439 Statutes, is amended to read:
440 916.12 Mental competence to proceed.—
441 (3) In considering the issue of competence to proceed, an
442 examining expert shall first consider and specifically include
443 in his or her report the defendant’s capacity to:
444 (a) Appreciate the charges or allegations against the
445 defendant.
446 (b) Appreciate the range and nature of possible penalties,
447 if applicable, that may be imposed in the proceedings against
448 the defendant.
449 (c) Understand the adversarial nature of the legal process.
450 (d) Disclose to counsel facts pertinent to the proceedings
451 at issue.
452 (e) Manifest appropriate courtroom behavior.
453 (f) Testify relevantly.
454
455 (g) In addition, an examining expert shall consider and
456 include in his or her report any other factor deemed relevant by
457 the expert.
458 Section 22. Subsection (3) of section 916.3012, Florida
459 Statutes, is amended to read:
460 916.3012 Mental competence to proceed.—
461 (3) In considering the issue of competence to proceed, an
462 the examining expert experts shall first consider and
463 specifically include in his or her their report the defendant’s
464 capacity to:
465 (a) Appreciate the charges or allegations against the
466 defendant.
467 (b) Appreciate the range and nature of possible penalties,
468 if applicable, that may be imposed in the proceedings against
469 the defendant.
470 (c) Understand the adversarial nature of the legal process.
471 (d) Disclose to counsel facts pertinent to the proceedings
472 at issue.
473 (e) Manifest appropriate courtroom behavior.
474 (f) Testify relevantly.
475
476 (g) In addition, an examining expert shall consider and
477 include in his or her report any other factor deemed relevant by
478 the expert experts.
479 Section 23. Section 918.0155, Florida Statutes, is amended
480 to read:
481 918.0155 Expeditious disposition of particular criminal
482 cases involving a child under age 16.—Every criminal case
483 prosecuted under chapter 782, chapter 784, chapter 787, chapter
484 794, chapter 796, chapter 800, chapter 827, or chapter 847 which
485 involves the abuse of a child or unlawful sexual contact or acts
486 performed in the presence of, with, or upon a child under the
487 age of 16 shall be heard and disposed of as expeditiously as
488 possible. The Legislature requests the Supreme Court to adopt
489 emergency rules regarding the expeditious handling of the
490 matters enumerated in this section.
491 Section 24. Paragraphs (b) and (d) of subsection (3) of
492 section 921.0022, Florida Statutes, are amended to read
493 921.0022 Criminal Punishment Code; offense severity ranking
494 chart.—
495 (3) OFFENSE SEVERITY RANKING CHART
496 (b) LEVEL 2
497
498 Florida Statute Felony DegreeDescription
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562 (d) LEVEL 4
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564 Florida Statute Felony DegreeDescription
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661 Section 25. Paragraph (a) of subsection (5) of section
662 921.141, Florida Statutes, is reenacted to read:
663 921.141 Sentence of death or life imprisonment for capital
664 felonies; further proceedings to determine sentence.—
665 (5) AGGRAVATING CIRCUMSTANCES.—Aggravating circumstances
666 shall be limited to the following:
667 (a) The capital felony was committed by a person previously
668 convicted of a felony and under sentence of imprisonment or
669 placed on community control or on felony probation.
670 Section 26. Section 921.20, Florida Statutes, is amended to
671 read:
672 921.20 Classification summary; Parole Commission.—As soon
673 as possible after a prisoner has been placed in the custody of
674 the Department of Corrections, the classification board shall
675 furnish a classification summary to the Parole Commission for
676 use as provided in s. 945.25 947.14. The summary shall include
677 the criminal, personal, social, and environmental background and
678 other relevant factors considered in classifying the prisoner
679 for a penal environment best suited for the prisoner’s rapid
680 rehabilitation.
681 Section 27. Paragraph (a) of subsection (11) of section
682 932.704, Florida Statutes, is amended to read:
683 932.704 Forfeiture proceedings.—
684 (11)(a) The Department of Law Enforcement, in consultation
685 with the Florida Sheriffs Association and the Florida Police
686 Chiefs Association, shall develop guidelines and training
687 procedures to be used by state and local law enforcement
688 agencies and state attorneys in implementing the Florida
689 Contraband Forfeiture Act. Each state or local law enforcement
690 agency that files civil forfeiture actions under the Florida
691 Contraband Forfeiture Act shall file, by December 31, 1995, a
692 certificate signed by the agency head or his or her designee,
693 which represents that the agency’s policies and procedures are
694 in compliance with the guidelines. Each state or local law
695 enforcement agency that seizes property for the purpose of
696 forfeiture shall periodically review seizures of assets made by
697 the agency’s law enforcement officers, settlements, and
698 forfeiture proceedings initiated by the agency, to determine
699 whether such seizures, settlements, and forfeitures comply with
700 the Florida Contraband Forfeiture Act and the guidelines adopted
701 under this subsection. The determination of whether an agency
702 will file a civil forfeiture action must be the sole
703 responsibility of the head of the agency or his or her designee.
704 Section 28. Subsection (7) of section 933.18, Florida
705 Statutes, is amended to read:
706 933.18 When warrant may be issued for search of private
707 dwelling.—No search warrant shall issue under this chapter or
708 under any other law of this state to search any private dwelling
709 occupied as such unless:
710 (7) One or more of the following misdemeanor child abuse
711 offenses is being committed there:
712 (a) Interference with custody, in violation of s. 787.03.
713 (b) Commission of an unnatural and lascivious act with a
714 child, in violation of s. 800.02.
715 (c) Exposure of sexual organs to a child, in violation of
716 s. 800.03. If, during a search pursuant to a warrant issued
717 under this section, a child is discovered and appears to be in
718 imminent danger, the law enforcement officer conducting such
719 search may remove the child from the private dwelling and take
720 the child into protective custody pursuant to chapter 39. The
721 term “private dwelling” shall be construed to include the room
722 or rooms used and occupied, not transiently but solely as a
723 residence, in an apartment house, hotel, boardinghouse, or
724 lodginghouse. No warrant shall be issued for the search of any
725 private dwelling under any of the conditions hereinabove
726 mentioned except on sworn proof by affidavit of some creditable
727 witness that he or she has reason to believe that one of said
728 conditions exists, which affidavit shall set forth the facts on
729 which such reason for belief is based.
730 Section 29. Subsections (5) and (8) of section 933.40,
731 Florida Statutes, are amended to read:
732 933.40 Agriculture warrants.—
733 (5) Agriculture warrants may be signed by any person
734 competent to issue search warrants under s. 933.01, either
735 manually, by signature stamp, or by electronic signature. The
736 trial court judge or magistrate, upon examination of the
737 application and proofs submitted, if satisfied that probable
738 cause exists for the issuing of one or more agriculture
739 warrants, shall issue such agriculture warrants with his or her
740 signature and office affixed thereto. Such agriculture warrants
741 may be served and executed by employees of the department, with
742 the assistance of third parties supervised by department
743 employees, and shall authorize department employees with such
744 assistance to undertake all actions authorized by the warrant.
745 (8) An agriculture warrant shall be effective for 60 days
746 and shall authorize multiple executions of the warrant prior to
747 its expiration. An agriculture warrant may be extended or
748 renewed by the trial court judge or magistrate who signed and
749 issued the original warrant upon his or her satisfaction of such
750 official that probable cause continues to exist for the
751 reissuance of the warrant. Such warrant must be returned to the
752 issuing official prior to the expiration date specified in the
753 warrant or within the extended or renewed time.
754 Section 30. Paragraph (g) of subsection (2) of section
755 934.03, Florida Statutes, is amended to read:
756 934.03 Interception and disclosure of wire, oral, or
757 electronic communications prohibited.—
758 (2)
759 (g) It is lawful under ss. 934.03-934.09 for an employee
760 of:
761 1. An ambulance service licensed pursuant to s. 401.25, a
762 fire station employing firefighters as defined by s. 633.30, a
763 public utility as defined by ss. 365.01 and 366.02, a law
764 enforcement agency as defined by s. 934.02(10), or any other
765 entity with published emergency telephone numbers;
766 2. An agency operating an emergency telephone number “911”
767 system established pursuant to s. 365.171; or
768 3. The central abuse hotline operated pursuant to s.
769 39.201,
770
771 to intercept and record incoming wire communications; however,
772 such employee may intercept and record incoming wire
773 communications on designated “911” telephone numbers and
774 published nonemergency telephone numbers staffed by trained
775 dispatchers at public safety answering points only. It is also
776 lawful for such employee to intercept and record outgoing wire
777 communications to the numbers from which such incoming wire
778 communications were placed when necessary to obtain information
779 required to provide the emergency services being requested. For
780 the purpose of this paragraph, the term “public utility” has the
781 same meaning as provided in s. 366.02 and includes a person,
782 partnership, association, or corporation now or hereafter owning
783 or operating equipment or facilities in the state for conveying
784 or transmitting messages or communications by telephone or
785 telegraph to the public for compensation.
786 Section 31. Section 938.15, Florida Statutes, is amended to
787 read:
788 938.15 Criminal justice education for local government.—In
789 addition to the costs provided for in s. 938.01, municipalities
790 and counties may assess an additional $2 for expenditures for
791 criminal justice education degree programs and training courses,
792 including basic recruit training, for their respective officers
793 and employing agency support personnel, provided such education
794 degree programs and training courses are approved by the
795 employing agency administrator, on a form provided by the
796 Criminal Justice Standards and Training Commission, for local
797 funding.
798 (1) Workshops, meetings, conferences, and conventions
799 shall, on a form approved by the Criminal Justice Standards and
800 Training Commission for use by the employing agency, be
801 individually approved by the employing agency administrator
802 prior to attendance. The form shall include, but not be limited
803 to, a demonstration by the employing agency of the purpose of
804 the workshop, meeting, conference, or convention; the direct
805 relationship of the training to the officer’s job; the direct
806 benefits the officer and agency will receive; and all
807 anticipated costs.
808 (2) The Criminal Justice Standards and Training Commission
809 may inspect and copy the documentation of independent audits
810 conducted of the municipalities and counties which make such
811 assessments to ensure that such assessments have been made and
812 that expenditures are in conformance with the requirements of
813 this subsection and with other applicable procedures.
814 Section 32. Paragraph (b) of subsection (3) of section
815 943.051, Florida Statutes, is amended to read:
816 943.051 Criminal justice information; collection and
817 storage; fingerprinting.—
818 (3)
819 (b) A minor who is charged with or found to have committed
820 the following offenses shall be fingerprinted and the
821 fingerprints shall be submitted to the department:
822 1. Assault, as defined in s. 784.011.
823 2. Battery, as defined in s. 784.03.
824 3. Carrying a concealed weapon, as defined in s. 790.01(1).
825 4. Unlawful use of destructive devices or bombs, as defined
826 in s. 790.1615(1).
827 5. Negligent treatment of children, as defined in former s.
828 827.05.
829 6. Assault or battery on a law enforcement officer, a
830 firefighter, or other specified officers, as defined in s.
831 784.07(2)(a) and (b).
832 7. Open carrying of a weapon, as defined in s. 790.053.
833 8. Exposure of sexual organs, as defined in s. 800.03.
834 9. Unlawful possession of a firearm, as defined in s.
835 790.22(5).
836 10. Petit theft, as defined in s. 812.014(3).
837 11. Cruelty to animals, as defined in s. 828.12(1).
838 12. Arson, as defined in s. 806.031(1).
839 13. Unlawful possession or discharge of a weapon or firearm
840 at a school-sponsored event or on school property as defined in
841 s. 790.115.
842 Section 33. Subsection (6) of section 943.053, Florida
843 Statutes, is reenacted to read:
844 943.053 Dissemination of criminal justice information;
845 fees.—
846 (6) Notwithstanding any other provision of law, the
847 department shall provide to the Florida Department of Revenue
848 Child Support Enforcement access to Florida criminal records
849 which are not exempt from disclosure under chapter 119, and to
850 such information as may be lawfully available from other states
851 via the National Law Enforcement Telecommunications System, for
852 the purpose of locating subjects who owe or potentially owe
853 support, as defined in s. 409.2554, or to whom such obligation
854 is owed pursuant to Title IV-D of the Social Security Act. Such
855 information may be provided to child support enforcement
856 authorities in other states for these specific purposes.
857 Section 34. Subsection (6) of section 943.0581, Florida
858 Statutes, is amended to read:
859 943.0581 Administrative expunction.—
860 (6) An application or endorsement under this section is not
861 admissible as evidence in any judicial or administrative
862 proceeding and may not or otherwise be construed in any way as
863 an admission of liability in connection with an arrest.
864 Section 35. Paragraph (a) of subsection (3) and subsection
865 (5) of section 943.0582, Florida Statutes, are reenacted to
866 read:
867 943.0582 Prearrest, postarrest, or teen court diversion
868 program expunction.—
869 (3) The department shall expunge the nonjudicial arrest
870 record of a minor who has successfully completed a prearrest or
871 postarrest diversion program if that minor:
872 (a) Submits an application for prearrest or postarrest
873 diversion expunction, on a form prescribed by the department,
874 signed by the minor’s parent or legal guardian, or by the minor
875 if he or she has reached the age of majority at the time of
876 applying.
877 (5) This section operates retroactively to permit the
878 expunction of any nonjudicial record of the arrest of a minor
879 who has successfully completed a prearrest or postarrest
880 diversion program on or after July 1, 2000; however, in the case
881 of a minor whose completion of the program occurred before the
882 effective date of this section, the application for prearrest or
883 postarrest diversion expunction must be submitted within 6
884 months after the effective date of this section.
885 Section 36. Paragraph (b) of subsection (4) of section
886 943.135, Florida Statutes, is reenacted to read:
887 943.135 Requirements for continued employment.—
888 (4)
889 (b) Any person who qualifies under paragraph (a) may, for
890 purposes of meeting the minimum mandatory continuing training or
891 education requirements of this section, at the option of an
892 employing agency, associate with that agency for the sole
893 purpose of securing continuing training or education as required
894 by this section and for allowing the agency to report completion
895 of the education or training to the Criminal Justice Standards
896 and Training Commission. The employing agency with which the
897 person has associated shall submit proof of completion of any
898 education or training so obtained for purposes of demonstrating
899 compliance with this section and shall indicate that the person
900 for whom the credits are reported has secured the training under
901 the special status authorized by this section. An employing
902 agency may require any person so associated to attend continuing
903 training or education at the person’s own expense and may
904 determine the courses or training that a person is to attend
905 while associated with the agency. Any person who is permitted to
906 associate with an employing agency for purposes of obtaining and
907 reporting education or continuing training credits while serving
908 in an elected or appointed public office shall not be considered
909 to be employed by the employing agency or considered by the
910 association with the employing agency to maintain an office
911 under s. 5(a), Art. II of the State Constitution.
912 Section 37. Subsection (5) of section 944.023, Florida
913 Statutes, is amended to read:
914 944.023 Comprehensive correctional master plan.—
915 (5) The comprehensive correctional master plan shall
916 project by year the total operating and capital outlay costs
917 necessary for constructing a sufficient number of prison beds to
918 avoid a deficiency in prison beds. Included in the master plan
919 which projects operating and capital outlay costs shall be a
920 siting plan which shall assess, rank, and designate appropriate
921 sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
922 include an assessment of the department’s current capability for
923 providing the degree of security necessary to ensure public
924 safety and should reflect the levels of security needed for the
925 forecasted admissions of various types of offenders based upon
926 sentence lengths and severity of offenses. The plan shall also
927 provide construction options for targeting violent and habitual
928 offenders for incarceration while providing specific
929 alternatives for the various categories of lesser offenders.
930 Section 38. Subsection (4) of section 944.053, Florida
931 Statutes, is amended to read:
932 944.053 Forestry Work Camps.—
933 (4) Forestry Work Camps shall house minimum custody inmates
934 and medium custody inmates who are not serving a sentence for,
935 or who have not been previously convicted of, sexual battery
936 pursuant to s. 794.011 or any sexual offense specified in s.
937 917.012(1), unless they have successfully completed a treatment
938 program pursuant to s. 917.012.
939 Section 39. Subsection (1) of section 944.28, Florida
940 Statutes, is reenacted to read:
941 944.28 Forfeiture of gain-time and the right to earn gain
942 time in the future.—
943 (1) If a prisoner is convicted of escape, or if the
944 clemency, conditional release as described in chapter 947,
945 probation or community control as described in chapter 948,
946 provisional release as described in s. 944.277, parole, or
947 control release as described in s. 947.146 granted to the
948 prisoner is revoked, the department may, without notice or
949 hearing, declare a forfeiture of all gain-time earned according
950 to the provisions of law by such prisoner prior to such escape
951 or his or her release under such clemency, conditional release,
952 probation, community control, provisional release, control
953 release, or parole.
954 Section 40. Subsection (2) of section 944.474, Florida
955 Statutes, is amended to read:
956 944.474 Legislative intent; employee wellness program; drug
957 and alcohol testing.—
958 (2) Under no circumstances shall employees of the
959 department test positive for illegal use of controlled
960 substances. An employee of the department may not be under the
961 influence of alcohol while on duty. In order to ensure that
962 these prohibitions are adhered to by all employees of the
963 department and notwithstanding s. 112.0455, the department may
964 develop a program for the random drug testing of all employees.
965 The department may randomly evaluate employees for the
966 contemporaneous use or influence of alcohol through the use of
967 alcohol tests and observation methods. Notwithstanding s.
968 112.0455(5)(a), the department may develop a program for the
969 reasonable suspicion drug testing of employees who are in
970 safety-sensitive or special risk positions, as defined in s.
971 112.0455(5), for the controlled substances listed in s.
972 893.03(3)(d). The reasonable suspicion drug testing authorized
973 by this subsection shall be conducted in accordance with s.
974 112.0455, but may also include testing upon reasonable suspicion
975 based on violent acts or violent behavior of an employee who is
976 on or off duty. The department shall adopt rules pursuant to ss.
977 120.536(1) and 120.54 that are necessary to administer this
978 subsection.
979 Section 41. Section 944.708, Florida Statutes, is amended
980 to read:
981 944.708 Rules.—The Department of Corrections and the Agency
982 for Workforce Innovation Department of Labor and Employment
983 Security shall adopt promulgate rules to implement the
984 provisions of ss. 944.701-944.707.
985 Section 42. Paragraph (h) of subsection (3) of section
986 944.801, Florida Statutes, is amended to read:
987 944.801 Education for state prisoners.—
988 (3) The responsibilities of the Correctional Education
989 Program shall be to:
990 (h) Develop a written procedure for selecting programs to
991 add to or delete from the vocational curriculum. The procedure
992 shall include labor market analyses which demonstrate the
993 projected demand for certain occupations and the projected
994 supply of potential employees. In conducting these analyses, the
995 department shall evaluate the feasibility of adding vocational
996 education programs which have been identified by the Agency for
997 Workforce Innovation Department of Labor and Employment Security
998 or a regional coordinating council as being in undersupply in
999 this state. The department shall periodically reevaluate the
1000 vocational education programs in major institutions to determine
1001 which of the programs support and provide relevant skills to
1002 inmates who could be assigned to a correctional work program
1003 that is operated as a Prison Industry Enhancement Program.
1004 Section 43. Paragraph (d) of subsection (3) of section
1005 945.10, Florida Statutes, is amended to read:
1006 945.10 Confidential information.—
1007 (3) Due to substantial concerns regarding institutional
1008 security and unreasonable and excessive demands on personnel and
1009 resources if an inmate or an offender has unlimited or routine
1010 access to records of the Department of Corrections, an inmate or
1011 an offender who is under the jurisdiction of the department may
1012 not have unrestricted access to the department’s records or to
1013 information contained in the department’s records. However,
1014 except as to another inmate’s or offender’s records, the
1015 department may permit limited access to its records if an inmate
1016 or an offender makes a written request and demonstrates an
1017 exceptional need for information contained in the department’s
1018 records and the information is otherwise unavailable.
1019 Exceptional circumstances include, but are not limited to:
1020 (d) The requested records contain information required to
1021 process an application or claim by the inmate or offender with
1022 the Internal Revenue Service, the Social Security
1023 Administration, the Agency for Workforce Innovation Department
1024 of Labor and Employment Security, or any other similar
1025 application or claim with a state agency or federal agency.
1026 Section 44. Section 947.06, Florida Statutes, is reenacted
1027 to read:
1028 947.06 Meeting; when commission may act.—The commission
1029 shall meet at regularly scheduled intervals and from time to
1030 time as may otherwise be determined by the chair. The making of
1031 recommendations to the Governor and Cabinet in matters relating
1032 to modifications of acts and decisions of the chair as provided
1033 in s. 947.04(1) shall be by a majority vote of the commission.
1034 No prisoner shall be placed on parole except as provided in ss.
1035 947.172 and 947.174 by a panel of no fewer than two
1036 commissioners appointed by the chair. All matters relating to
1037 the granting, denying, or revoking of parole shall be decided in
1038 a meeting at which the public shall have the right to be
1039 present. Victims of the crime committed by the inmate shall be
1040 permitted to make an oral statement or submit a written
1041 statement regarding their views as to the granting, denying, or
1042 revoking of parole. Persons not members or employees of the
1043 commission or victims of the crime committed by the inmate may
1044 be permitted to participate in deliberations concerning the
1045 granting and revoking of paroles only upon the prior written
1046 approval of the chair of the commission. To facilitate the
1047 ability of victims and other persons to attend commission
1048 meetings, the commission shall meet in various counties
1049 including, but not limited to, Broward, Duval, Escambia,
1050 Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
1051 location chosen being as close as possible to the location where
1052 the parole-eligible inmate committed the offense for which the
1053 parole-eligible inmate was sentenced. The commission shall adopt
1054 rules governing the oral participation of victims and the
1055 submission of written statements by victims.
1056 Section 45. Paragraph (a) of subsection (4) of section
1057 947.16, Florida Statutes, is amended to read:
1058 947.16 Eligibility for parole; initial parole interviews;
1059 powers and duties of commission.—
1060 (4) A person who has become eligible for an initial parole
1061 interview and who may, according to the objective parole
1062 guidelines of the commission, be granted parole shall be placed
1063 on parole in accordance with the provisions of this law; except
1064 that, in any case of a person convicted of murder, robbery,
1065 burglary of a dwelling or burglary of a structure or conveyance
1066 in which a human being is present, aggravated assault,
1067 aggravated battery, kidnapping, sexual battery or attempted
1068 sexual battery, incest or attempted incest, an unnatural and
1069 lascivious act or an attempted unnatural and lascivious act,
1070 lewd and lascivious behavior, assault or aggravated assault when
1071 a sexual act is completed or attempted, battery or aggravated
1072 battery when a sexual act is completed or attempted, arson, or
1073 any felony involving the use of a firearm or other deadly weapon
1074 or the use of intentional violence, at the time of sentencing
1075 the judge may enter an order retaining jurisdiction over the
1076 offender for review of a commission release order. This
1077 jurisdiction of the trial court judge is limited to the first
1078 one-third of the maximum sentence imposed. When any person is
1079 convicted of two or more felonies and concurrent sentences are
1080 imposed, then the jurisdiction of the trial court judge as
1081 provided herein applies to the first one-third of the maximum
1082 sentence imposed for the highest felony of which the person was
1083 convicted. When any person is convicted of two or more felonies
1084 and consecutive sentences are imposed, then the jurisdiction of
1085 the trial court judge as provided herein applies to one-third of
1086 the total consecutive sentences imposed.
1087 (a) In retaining jurisdiction for the purposes of this act,
1088 the trial court judge shall state the justification with
1089 individual particularity, and such justification shall be made a
1090 part of the court record. A copy of such justification shall be
1091 delivered to the department together with the commitment issued
1092 by the court pursuant to s. 944.17 944.16.
1093 Section 46. Subsection (2) of section 949.071, Florida
1094 Statutes, is amended to read:
1095 949.071 Definition of “state” as used in s. 949.07; further
1096 declaration relating to interstate compacts.—
1097 (2) It is hereby recognized and further declared that
1098 pursuant to the consent and authorization contained in s. 112
1099 111(b) of Title 4 of the United States Code as added by Pub. L.
1100 No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
1101 party to the Interstate Compact for Adult Offender Supervision,
1102 with any additional jurisdiction legally joining in the compact
1103 when such jurisdiction enacts the compact in accordance with the
1104 terms thereof.
1105 Section 47. Paragraph (e) of subsection (9) of section
1106 951.23, Florida Statutes, is amended to read:
1107 951.23 County and municipal detention facilities;
1108 definitions; administration; standards and requirements.—
1109 (9) INMATE COMMISSARY AND WELFARE FUND.—
1110 (e) The officer in charge shall be responsible for an audit
1111 of the fiscal management of the commissary by a disinterested
1112 party on an annual basis, which shall include certification of
1113 compliance with the pricing requirements of paragraph (1)(b)
1114 above. Appropriate transaction records and stock inventory shall
1115 be kept current.
1116 Section 48. Paragraph (c) of subsection (1) of section
1117 951.231, Florida Statutes, is amended to read:
1118 951.231 County residential probation program.—
1119 (1) Any prisoner who has been sentenced under s. 921.18 to
1120 serve a sentence in a county residential probation center as
1121 described in s. 951.23 shall:
1122 (c) Participate in and complete the program required by s.
1123 958.045 958.04(4), if required by the supervisor of the center.
1124 Section 49. Subsection (4) of section 957.07, Florida
1125 Statutes, is amended to read:
1126 957.07 Cost-saving requirements.—
1127 (4) The Department of Corrections shall provide a report
1128 detailing the state cost to design, finance, acquire, lease,
1129 construct, and operate a facility similar to the private
1130 correctional facility on a per diem basis. This report shall be
1131 provided to the Auditor General in sufficient time that it may
1132 be certified to the Department of Management Services commission
1133 to be included in the request for proposals.
1134 Section 50. Paragraph (b) of subsection (3) of section
1135 960.003, Florida Statutes, is amended to read:
1136 960.003 HIV testing for persons charged with or alleged by
1137 petition for delinquency to have committed certain offenses;
1138 disclosure of results to victims.—
1139 (3) DISCLOSURE OF RESULTS.—
1140 (b) At the time that the results are disclosed to the
1141 victim or the victim’s legal guardian, or to the parent or legal
1142 guardian of a victim if the victim is a minor, the same
1143 immediate opportunity for face-to-face counseling which must be
1144 made available under s. 381.004(3)(e) to those who undergo HIV
1145 testing shall also be afforded to the victim or the victim’s
1146 legal guardian, or to the parent or legal guardian of the victim
1147 if the victim is a minor.
1148 Section 51. Subsections (6) and (7) of section 984.225,
1149 Florida Statutes, are amended to read:
1150 984.225 Powers of disposition; placement in a staff-secure
1151 shelter.—
1152 (6) The department is deemed to have exhausted the
1153 reasonable remedies offered under this chapter if, at the end of
1154 the commitment period, the parent, guardian, or legal custodian
1155 continues to refuse to allow the child to remain at home or
1156 creates unreasonable conditions for the child’s return. If, at
1157 the end of the commitment period, the child is not reunited with
1158 his or her parent, guardian, or custodian due solely to the
1159 continued refusal of the parent, guardian, or custodian to
1160 provide food, clothing, shelter, and parental support, the child
1161 is considered to be threatened with harm as a result of such
1162 acts or omissions, and the court shall direct that the child be
1163 handled in every respect as a dependent child. Jurisdiction
1164 shall be transferred to the Department of Children and Family
1165 Services, and the child’s care shall be governed under the
1166 relevant provisions parts II and III of chapter 39.
1167 (7) The court shall review the child’s commitment once
1168 every 45 days as provided in s. 984.20. The court shall
1169 determine whether if the parent, guardian, or custodian has
1170 reasonably participated in and financially contributed to the
1171 child’s counseling and treatment program. The court shall also
1172 determine whether the department’s efforts to reunite the family
1173 have been reasonable. If the court finds an inadequate level of
1174 support or participation by the parent, guardian, or custodian
1175 prior to the end of the commitment period, the court shall
1176 direct that the child be handled in every respect as a dependent
1177 child. Jurisdiction shall be transferred to the Department of
1178 Children and Family Services, and the child’s care shall be
1179 governed under the relevant provisions parts II and III of
1180 chapter 39.
1181 Section 52. Section 985.486, Florida Statutes, is amended
1182 to read:
1183 985.486 Intensive residential treatment programs for
1184 offenders less than 13 years of age; prerequisite for
1185 commitment.—No child who is eligible for commitment to an
1186 intensive residential treatment program for offenders less than
1187 13 years of age under as established in s. 985.483(1), may be
1188 committed to any intensive residential treatment program for
1189 offenders less than 13 years of age under as established in s.
1190 985.483, unless such program has been established by the
1191 department through existing resources or specific appropriation,
1192 for such program.
1193 Section 53. Paragraph (a) of subsection (4) and subsection
1194 (7) of section 985.632, Florida Statutes, are amended to read:
1195 985.632 Quality assurance and cost-effectiveness.—
1196 (4)(a) The department of Juvenile Justice, in consultation
1197 with the Office of Economic and Demographic Research, and
1198 contract service providers, shall develop a cost-effectiveness
1199 model and apply the model to each commitment program. Program
1200 recidivism rates shall be a component of the model. The cost
1201 effectiveness model shall compare program costs to client
1202 outcomes and program outputs. It is the intent of the
1203 Legislature that continual development efforts take place to
1204 improve the validity and reliability of the cost-effectiveness
1205 model and to integrate the standard methodology developed under
1206 s. 985.401(4) for interpreting program outcome evaluations.
1207 (7) No later than November 1, 2001, the department shall
1208 submit a proposal to the Legislature concerning funding
1209 incentives and disincentives for the department and for
1210 providers under contract with the department. The
1211 recommendations for funding incentives and disincentives shall
1212 be based upon both quality assurance performance and cost
1213 effectiveness performance. The proposal should strive to achieve
1214 consistency in incentives and disincentives for both department
1215 operated and contractor-provided programs. The department may
1216 include recommendations for the use of liquidated damages in the
1217 proposal; however, the department is not presently authorized to
1218 contract for liquidated damages in non-hardware-secure
1219 facilities until January 1, 2002.
1220 Section 54. Paragraph (b) of subsection (2) of section
1221 985.686, Florida Statutes, is reenacted to read:
1222 985.686 Shared county and state responsibility for juvenile
1223 detention.—
1224 (2) As used in this section, the term:
1225 (b) “Fiscally constrained county” means a county within a
1226 rural area of critical economic concern as designated by the
1227 Governor pursuant to s. 288.0656 or each county for which the
1228 value of a mill will raise no more than $5 million in revenue,
1229 based on the certified school taxable value certified pursuant
1230 to s. 1011.62(4)(a)1.a., from the previous July 1.
1231 Section 55. This act shall take effect July 1, 2010.