Florida Senate - 2011 (Corrected Copy) SB 1856
By Senator Wise
1 A bill to be entitled
2 An act relating to juvenile justice; creating s.
3 985.326, F.S.; providing for time and location of
4 deposition; providing procedures; providing for
5 depositions of different categories of witnesses;
6 providing that no deposition may be taken in certain
7 cases; specifying factors to be considered in allowing
8 a deposition; allowing use of deposition testimony for
9 impeachment; allowing the use of portions of a
10 deposition which have not been introduced as evidence
11 in certain circumstances; authorizing sanctions for
12 disobedience of a subpoena; providing circumstances
13 under which a child may be physically present for a
14 deposition; authorizing the taking of statements by
15 law enforcement officers by telephone in certain
16 circumstances; providing for use of such statements;
17 providing for the appearance of a law enforcement
18 officer for deposition without subpoena; requiring
19 video recording of depositions of children under 16
20 years of age; providing for video recording of other
21 witness depositions; amending s. 985.35, F.S.;
22 requiring the Department of Juvenile Justice to adopt
23 rules governing the procedures that may be used to
24 restrain a child upon his or her arrival at the
25 courthouse, permitted use of a mechanical device, and
26 the length of time a child may be placed in isolation;
27 requiring the department to comply with the Protective
28 Action Response policy if mechanical restraints are
29 used; amending s. 985.483, F.S.; conforming a cross
30 reference; amending s. 985.664, F.S.; requiring that a
31 juvenile justice circuit board and a juvenile justice
32 county council be established in each judicial circuit
33 and county, respectively; providing a purpose for each
34 board and council; requiring the Children and Youth
35 Cabinet to monitor the comprehensive plan of each
36 circuit; requiring a circuit board and county council
37 to enter into a written county or circuit interagency
38 agreement specifying the nature and extent of
39 contributions that each signatory agency will make in
40 order to achieve the goals of the county or circuit
41 plan; specifying the parties that must be included in
42 the interagency agreement; providing for the sharing
43 of information useful in carrying out the goals of the
44 interagency agreement; requiring each circuit board to
45 prepare an annual report; requiring the annual
46 legislative budget request to reflect the needs of
47 each board and council; providing for membership on
48 the circuit board; requiring the Secretary of Juvenile
49 Justice to attend quarterly meetings with the
50 chairpersons of the county councils and circuit
51 boards; providing for the content of the meetings;
52 providing for reimbursement for nongovernmental
53 members of circuit boards and county councils;
54 requiring the department to provide legal counsel to
55 advise boards and councils; requiring each circuit
56 board and county council to use due diligence to
57 encourage community participation by using community
58 outreach outlets; amending s. 985.668 F.S.; requiring
59 the department to encourage circuit boards and county
60 councils to propose at least one innovation zone;
61 amending s. 985.676, F.S.; providing that certain
62 specified criteria be used when awarding community
63 juvenile justice partnership grants; allowing the
64 department to extend indefinitely the funding period
65 of a grant under specified circumstances; providing an
66 effective date.
68 Be It Enacted by the Legislature of the State of Florida:
70 Section 1. Section 985.326, Florida Statutes, is created to
72 985.326 Depositions.—
73 (1) TIME AND LOCATION.—
74 (a) At any time after the filing of the petition alleging a
75 child to be delinquent, any party may take the deposition upon
76 oral examination of any person authorized by this section.
77 (b) Depositions of witnesses residing in the county in
78 which the adjudicatory hearing is to take place shall be taken
79 in the building in which the adjudicatory hearing is to be held,
80 another location agreed on by the parties, or a location
81 designated by the court. Depositions of witnesses residing
82 outside the county in which the adjudicatory hearing is to take
83 place shall take place in a court reporter’s office in the
84 county and state in which the witness resides, another location
85 agreed to by the parties, or a location designated by the court.
86 (2) PROCEDURE.—
87 (a) The party taking the deposition shall give reasonable
88 written notice to each other party and shall make a good faith
89 effort to coordinate the date, time, and location of the
90 deposition with other parties and the witness to be deposed to
91 accommodate their schedules. The notice must state the time and
92 the location of the deposition and the name of each person to be
93 examined, and include a certificate of counsel that a good faith
94 effort was made to coordinate the deposition schedule.
95 (b) Upon application, the court or the clerk of the court
96 may issue subpoenas for the persons whose depositions are to be
98 (c) After notice to the parties, the court, for good cause
99 shown, may change the time or location of the deposition.
100 (d) In any case, a person may not be deposed more than once
101 except by consent of the parties or by order of the court issued
102 on good cause shown.
103 (e) Except as otherwise provided by this section, the
104 procedure for taking the deposition, including the scope of the
105 examination and the issuance of a subpoena, other than a
106 subpoena duces tecum, for the deposition by an attorney of
107 record in the action shall be the same as that provided in the
108 Florida Rules of Civil Procedure.
109 (f) The child, only with leave of court, may take the
110 deposition of any witness listed by the petitioner as a Category
111 A witness, as defined in Rule 8.060, Florida Rules of Juvenile
112 Procedure, or listed by a codefendant as a witness to be called
113 at a joint hearing. After receipt by the child of the discovery
114 exhibit, the child, without leave of court, may take the
115 deposition of any unlisted witness who may have information
116 relevant to the petition’s allegations. The petitioner, only
117 with leave of court, may take the deposition of any witness
118 listed by the child to be called at a hearing.
119 (g) A party may not take the deposition of a witness listed
120 by the petitioner as a Category B witness, as defined in Rule
121 8.060, Florida Rules of Juvenile Procedure, except upon leave of
122 court with good cause shown.
123 (h) A witness listed by the petitioner as a Category C
124 witness, as defined in Rule 8.060, Florida Rules of Juvenile
125 Procedure, is not subject to deposition unless the court
126 determines that the witness should be listed in another
128 (i) A deposition may not be taken in a case in which a
129 petition has been filed alleging that the child committed only a
130 misdemeanor or a criminal traffic offense if all other discovery
131 provided by this section has been complied with. In determining
132 whether to allow a deposition, the court should consider the
133 consequences to the child, the complexity of the issues
134 involved, the complexity of the witness’s testimony, and the
135 other opportunities available to the child to discover the
136 information sought by deposition.
137 (3) USE OF DEPOSITION.—Any deposition taken under this
138 section may be used at any hearing covered by this chapter by
139 any party for the purpose of impeaching the testimony of the
140 deponent as a witness.
141 (4) INTRODUCTION OF PART OF DEPOSITION.—If only part of a
142 deposition is offered in evidence by a party, an adverse party
143 may require the introduction of any other part that in fairness
144 should be considered with the part introduced, and any party may
145 introduce any other parts.
146 (5) SANCTIONS.—A witness who refuses to obey a duly served
147 subpoena for the taking of a deposition may be held in contempt
148 of the court from which the subpoena issued.
149 (6) PHYSICAL PRESENCE OF CHILD.—The child may not be
150 physically present at a deposition except upon stipulation of
151 the parties or as provided by this section. The court may order
152 the physical presence of the child upon a showing of good cause.
153 In ruling, the court may consider the following:
154 (a) The need for the physical presence of the child to
155 obtain effective discovery.
156 (b) The intimidating effect of the child’s presence on the
157 witness, if any.
158 (c) Any cost or inconvenience that may result.
159 (d) Any alternative electronic or audio-visual means
160 available to protect the child’s ability to participate in
161 discovery without the child’s physical presence.
162 (7) STATEMENTS OF LAW ENFORCEMENT OFFICERS.—Upon
163 stipulation of the parties and the consent of the witness, the
164 statement of a law enforcement officer may be taken by telephone
165 in lieu of a deposition of the officer. In such case, the
166 officer need not be under oath. The statement, however, shall be
167 recorded and may be used for impeachment at trial as a prior
168 inconsistent statement under s. 90.614.
169 (8) DEPOSITIONS OF LAW ENFORCEMENT OFFICERS.—Subject to the
170 general provisions of this section, law enforcement officers
171 shall appear for deposition, without subpoena, upon written
172 notice of deposition delivered to the address designated by the
173 law enforcement agency or department or, if an address has not
174 been designated, to the address of the law enforcement agency or
175 department, at least 5 days before the date of the deposition.
176 Law enforcement officers who fail to appear for deposition after
177 being served notice are subject to contempt proceedings.
178 (9) VIDEO RECORDED DEPOSITIONS.—Video recordings of
179 depositions of children under the age of 16 shall be made upon
180 demand of any party unless otherwise ordered by the court. The
181 court may order a video recording of a deposition or taking of a
182 deposition of a witness who has fragile emotional strength to be
183 shown in the presence of the trial judge or a special
185 Section 2. Section 985.35, Florida Statutes, is amended to
187 985.35 Adjudicatory hearings; withheld adjudications;
188 orders of adjudication.—
189 (1) The adjudicatory hearing must be held as soon as
190 practicable after the petition alleging that a child has
191 committed a delinquent act or violation of law is filed and in
192 accordance with the Florida Rules of Juvenile Procedure; but
193 reasonable delay for the purpose of investigation, discovery, or
194 procuring counsel or witnesses shall be granted. If the child is
195 being detained, the time limitations in s. 985.26(2) and (3)
196 apply. The department shall adopt rules governing the procedures
197 for restraining a child upon his or her arrival at the
198 courthouse. The rules must describe when a mechanical device may
199 be used and how long a child may be placed in isolation.
200 (2) Adjudicatory hearings must
shall be conducted without a
201 jury by the court, applying in delinquency cases the rules of
202 evidence in use in criminal cases; adjourning the hearings from
203 time to time as necessary; and conducting a fundamentally fair
204 hearing in language understandable, to the fullest extent
205 practicable, to the child before the court.
206 (a) In a hearing on a petition alleging that a child has
207 committed a delinquent act or violation of law, the evidence
208 must establish the findings beyond a reasonable doubt.
209 (b) The child is entitled to the opportunity to introduce
210 evidence and otherwise be heard in the child’s own behalf and to
211 cross-examine witnesses.
212 (c) A child charged with a delinquent act or violation of
213 law must be afforded all rights against self-incrimination.
214 Evidence illegally seized or obtained may not be received to
215 establish the allegations against the child.
216 (3) The department shall comply with the Protective Action
217 Response policy adopted pursuant to s. 985.645(2) if mechanical
218 restraints are used.
219 (4) (3) If the court finds that the child named in a
220 petition has not committed a delinquent act or violation of law,
221 it shall enter an order so finding and dismissing the case.
222 (5) (4) If the court finds that the child named in the
223 petition has committed a delinquent act or violation of law, it
224 may, in its discretion, enter an order stating the facts upon
225 which its finding is based but withholding adjudication of
227 (a) Upon withholding adjudication of delinquency, the court
228 may place the child in a probation program under the supervision
229 of the department or under the supervision of any other person
230 or agency specifically authorized and appointed by the court.
231 The court may, as a condition of the program, impose as a
232 penalty component restitution in money or in kind, community
233 service, a curfew, urine monitoring, revocation or suspension of
234 the driver’s license of the child, or other nonresidential
235 punishment appropriate to the offense, and may impose as a
236 rehabilitative component a requirement of participation in
237 substance abuse treatment, or school or other educational
238 program attendance.
239 (b) If the child is attending public school and the court
240 finds that the victim or a sibling of the victim in the case was
241 assigned to attend or is eligible to attend the same school as
242 the child, the court order shall include a finding pursuant to
243 the proceedings described in s. 985.455, regardless of whether
244 adjudication is withheld.
245 (c) If the court later finds that the child has not
246 complied with the rules, restrictions, or conditions of the
247 community-based program, the court may, after a hearing to
248 establish the lack of compliance, but without further evidence
249 of the state of delinquency, enter an adjudication of
250 delinquency and shall thereafter have full authority under this
251 chapter to deal with the child as adjudicated.
252 (6) (5) If the court finds that the child named in a
253 petition has committed a delinquent act or violation of law, but
254 elects not to proceed under subsection (5) (4), it shall
255 incorporate that finding in an order of adjudication of
256 delinquency entered in the case, briefly stating the facts upon
257 which the finding is made, and the court shall thereafter have
258 full authority under this chapter to deal with the child as
260 (7) (6) Except as the term “conviction” is used in chapter
261 322, and except for use in a subsequent proceeding under this
262 chapter, an adjudication of delinquency by a court with respect
263 to any child who has committed a delinquent act or violation of
264 law shall not be deemed a conviction; nor shall the child be
265 deemed to have been found guilty or to be a criminal by reason
266 of that adjudication; nor shall that adjudication operate to
267 impose upon the child any of the civil disabilities ordinarily
268 imposed by or resulting from conviction or to disqualify or
269 prejudice the child in any civil service application or
270 appointment, with the exception of the use of records of
271 proceedings under this chapter as provided in s. 985.045(4).
272 (8) (7) Notwithstanding any other provision of law, an
273 adjudication of delinquency for an offense classified as a
274 felony shall disqualify a person from lawfully possessing a
275 firearm until such person reaches 24 years of age.
276 Section 3. Subsection (2) of section 985.483, Florida
277 Statutes, is amended to read:
278 985.483 Intensive residential treatment program for
279 offenders less than 13 years of age.—
280 (2) DETERMINATION.—After a child has been adjudicated
281 delinquent under s. 985.35(6) s. 985.35 (5), the court shall
282 determine whether the child is eligible for an intensive
283 residential treatment program for offenders less than 13 years
284 of age under subsection (1). If the court determines that the
285 child does not meet the criteria, ss. 985.435, 985.437, 985.439,
286 985.441, 985.445, 985.45, and 985.455 shall apply.
287 Section 4. Section 985.664, Florida Statutes, is amended to
289 985.664 Juvenile justice circuit boards and juvenile
290 justice county councils.—
291 (1) There is authorized A juvenile justice circuit board
292 shall to be established in each of the 20 judicial circuits and
293 a juvenile justice county council shall to be established in
294 each of the 67 counties. The purpose of each juvenile justice
295 circuit board and each juvenile justice county council is to
296 provide advice and direction to the department in the
297 development and implementation of juvenile justice programs and
298 to work collaboratively with the department, the Department of
299 Children and Family Services, and the Children and Youth Cabinet
300 in seeking program improvements and policy changes to address
301 the emerging and changing needs of Florida’s youth who are at
302 risk of delinquency and dependency.
303 (2) Each juvenile justice county council shall develop a
304 juvenile justice prevention and early intervention plan for the
305 county and shall collaborate with the circuit board and other
306 county councils assigned to that circuit in the development of a
307 comprehensive plan for the circuit. The Children and Youth
308 Cabinet shall monitor the local plans and design, direct, and
309 monitor a statewide plan that shall be implemented by and
310 through the boards and councils. A circuit board and county
311 council may design programs and projects necessary to accomplish
312 the comprehensive plan for the circuit. Each county council and
313 circuit board shall continually monitor the implementation of
314 the comprehensive plan in order to identify and remedy any
315 situations that may result in minority juveniles coming in
316 disproportionate contact with the juvenile justice system.
317 (3) Juvenile justice circuit boards and county councils
318 shall also participate in facilitating interagency cooperation
319 and information sharing by entering into a written county or
320 circuit interagency agreement specifying the nature and extent
321 of contributions that each signatory agency will make in order
322 to achieve the goals of the county or circuit plan and their
323 commitment to share any information that is useful in carrying
324 out the goals of the interagency agreement. The interagency
325 agreement must include as parties, at a minimum, local school
326 authorities or representatives, local law enforcement agencies,
327 state attorneys, public defenders, and local representatives of
328 the Department of Juvenile Justice and the Department of
329 Children and Family Services. The agreement must specify how
330 community entities will cooperate, collaborate, and share
331 information to achieve the goals of the juvenile justice
332 prevention and early intervention plan or the comprehensive plan
333 of the circuit. Each circuit board shall provide a forum for the
334 presentation of interagency recommendations and the resolution
335 of any disagreements relating to the contents of the county or
336 circuit interagency agreement or the performance by the parties
337 of their respective obligations under the agreement.
338 (4) Juvenile justice circuit boards and county councils may
339 apply for and receive public or private grants to be
340 administered by one of the community partners that support one
341 or more components of the county or circuit plan and to be used
342 as otherwise directed in their bylaws. To aid in this process,
343 the department shall provide fiscal agency services for the
344 circuit boards and county councils.
345 (5) Juvenile justice circuit boards and county councils
346 shall advise and assist the department in the evaluation and
347 award of prevention and early intervention grant programs,
348 including the Community Juvenile Justice Partnership Grant
349 program established in s. 985.676 and proceeds from the Invest
350 in Children license plate annual use fees.
351 (6) Each juvenile justice circuit board shall provide an
352 annual report to the department and the Children and Youth
353 Cabinet describing the activities of the circuit board and each
354 of the county councils contained within its circuit. The acting
355 chairs of the circuit board and of each county council within
356 the circuit shall agree on the descriptions of the activities
357 and sign the report. The department may prescribe a format and
358 content requirements for submission of annual reports, and shall
359 present and submit the proposed annual legislative budget
360 request reflecting the required material and fiscal needs of
361 each board and council.
362 (7) Membership of the juvenile justice circuit board may
363 not exceed 18 members, except as provided in subsections (8) and
364 (9). Members must include the state attorney, the public
365 defender, and the chief judge of the circuit, or their
366 respective designees, who shall preside each on a rotating basis
367 as chair in intervals of 2-year terms. The remaining 15 members
368 of the board must be appointed by the county councils within
369 that circuit. County council members may serve as ex officio
370 members of the circuit board. The board, when possible for
371 purposes of equity, must be composed of an equal number of
372 active members include at least one representative from each
373 county council within the circuit, taking into account the
374 differences in population. In appointing members to the circuit
375 board, the county councils must reflect:
376 (a) The circuit’s geography and population distribution.
377 (b) Juvenile justice partners, including, but not limited
378 to, representatives of law enforcement, the school system, and
379 the Department of Children and Family Services.
380 (c) Diversity in the judicial circuit.
381 (d) Representation from residents of high-crime zip code
382 communities as identified by the department and based on
383 referral rates within the communities.
384 (8) At any time after the adoption of initial bylaws
385 pursuant to subsection (12) and absent any county councils
386 formed within a circuit, a juvenile justice circuit board may
387 revise the bylaws to increase the number of members by not more
388 than three in order to adequately reflect the diversity of the
389 population and community organizations or agencies in the
391 (9) If county councils are not formed within a circuit, the
392 circuit board may establish its membership in accordance with
393 subsection (10) of not more than 18 members. For juvenile
394 justice circuit boards organized pursuant to this subsection,
395 the state attorney, public defender, and chief circuit judge, or
396 their respective designees, shall be members of the circuit
398 (10) Membership of the juvenile justice county councils, or
399 juvenile justice circuit boards established under subsection
400 (9), must include representation from residents of high-crime
401 zip code communities as identified by the department and based
402 on referral rates within the county, and may also include
403 representatives from the following entities:
404 (a) Representatives from the school district, which may
405 include elected school board officials, the school
406 superintendent, school or district administrators, teachers, and
408 (b) Representatives of the board of county commissioners.
409 (c) Representatives of the governing bodies of local
410 municipalities within the county.
411 (d) A representative of the corresponding circuit or
412 regional entity of the Department of Children and Family
414 (e) Representatives of local law enforcement agencies,
415 including the sheriff or the sheriff’s designee.
416 (f) Representatives of the judicial system.
417 (g) Representatives of the business community.
418 (h) Representatives of other interested officials, groups,
419 or entities, including, but not limited to, a children’s
420 services council, public or private providers of juvenile
421 justice programs and services, students, parents, and advocates.
422 Private providers of juvenile justice programs may not exceed
423 one-third of the voting membership.
424 (i) Representatives of the faith community.
425 (j) Representatives of victim-service programs and victims
426 of crimes.
427 (k) Representatives of the Department of Corrections.
428 (11) Each juvenile justice county council, or juvenile
429 justice circuit board established under subsection (9), must
430 provide for the establishment of an executive committee of not
431 more than 10 members. The duties and authority of the executive
432 committee must be addressed in the bylaws.
433 (12) Each juvenile justice circuit board and county council
434 shall develop and adopt bylaws that provide for officers and
435 committees as the board or council deems necessary and shall
436 specify the qualifications, method of selection, and term for
437 each office created, and other rules of procedure for the
438 board’s or council’s operation, if the bylaws are not
439 inconsistent with federal and state laws or county ordinances.
440 The bylaws shall address at least the following issues: process
441 for appointments to the board or council; election or
442 appointment of officers; filling of vacant positions; duration
443 of member terms; provisions for voting; meeting attendance
444 requirements; and the establishment and duties of an executive
445 committee, if required under subsection (11).
446 (13) Members of juvenile justice circuit boards and county
447 councils are subject to the provisions of part III of chapter
448 112 and s. 11.25. Juvenile justice circuit boards and county
449 councils are state agency units as prescribed by s. 11.135.
450 (14) The secretary of the department shall hold quarterly
451 meetings with the chairs of the juvenile justice boards and
452 councils and the Children and Youth Cabinet in order to:
453 (a) Advise juvenile justice boards and councils of
454 statewide juvenile justice issues and activities.
455 (b) Provide feedback on budget priorities in the prevention
456 and intervention programs.
457 (c) Obtain input into the strategic planning process.
458 (d) Discuss program development, program implementation,
459 and quality assurance.
460 (15) Nongovernmental members of the juvenile justice
461 circuit boards and county councils shall serve without
462 compensation, unless stated otherwise in the bylaws, but are
463 entitled to reimbursement for per diem and travel expenses in
464 accordance with s. 112.061, and for other costs and expenses
465 that may be necessary and required while in performance of their
466 duties under this section. The department shall provide each
467 board and council with an allotted fund for administering the
468 board’s or council’s duties. The department shall adopt rules
469 pursuant to s. 985.64 in order to apply for and approve the
471 (16) The department shall provide legal counsel on all
472 internal matters to the boards and councils as necessary with
473 respect to their duties, responsibilities, and jurisdiction.
474 (17) The boards and councils shall use due diligence in
475 notifying the community and encouraging public participation and
476 membership through various community outreach outlets, such as
477 community newspapers, churches, and free public announcements.
478 Section 5. Section 985.668, Florida Statutes, is amended to
480 985.668 Innovation zones.—The department shall encourage
481 each of the juvenile justice circuit boards and councils to
482 propose at least one innovation zone within the circuit for the
483 purpose of implementing any experimental, pilot, or
484 demonstration project that furthers the legislatively
485 established goals of the department. An innovation zone is a
486 defined geographic area such as a circuit, commitment region,
487 county, municipality, service delivery area, school campus, or
488 neighborhood providing a laboratory for the research,
489 development, and testing of the applicability and efficacy of
490 model programs, policy options, and new technologies for the
492 (1)(a) The juvenile justice circuit board, in conjunction
493 with and with written approval from the county councils within
494 its circuit, if formed, shall submit a proposal for an
495 innovation zone to the secretary. If the purpose of the proposed
496 innovation zone is to demonstrate that specific statutory goals
497 can be achieved more effectively by using procedures that
498 require modification of existing rules, policies, or procedures,
499 the proposal may request the secretary to waive such existing
500 rules, policies, or procedures or to otherwise authorize use of
501 alternative procedures or practices. Waivers of such existing
502 rules, policies, or procedures must comply with applicable state
503 or federal law.
504 (b) For innovation zone proposals that the secretary
505 determines require changes to state law, the secretary may
506 submit a request for a waiver from such laws, together with any
507 proposed changes to state law, to the chairs of the appropriate
508 legislative committees for consideration.
509 (c) For innovation zone proposals that the secretary
510 determines require waiver of federal law, the secretary may
511 submit a request for such waivers to the applicable federal
513 (2) An innovation zone project may not have a duration of
514 more than 2 years, but the secretary may grant an extension.
515 (3) Before implementing an innovation zone under this
516 subsection, the secretary shall, in conjunction with the Office
517 of Program Policy Analysis and Government Accountability,
518 develop measurable and valid objectives for such zone within a
519 negotiated reasonable period of time. Moneys designated for an
520 innovation zone in one operating circuit may not be used to fund
521 an innovation zone in another operating circuit.
522 (4) Program models for innovation zone projects include,
523 but are not limited to:
524 (a) A forestry alternative work program that provides
525 selected juvenile offenders an opportunity to serve in a
526 forestry work program as an alternative to incarceration, in
527 which offenders assist in wildland firefighting, enhancement of
528 state land management, environmental enhancement, and land
530 (b) A collaborative public/private dropout prevention
531 partnership that trains personnel from both the public and
532 private sectors of a target community who are identified and
533 brought into the school system as an additional resource for
534 addressing problems which inhibit and retard learning, including
535 abuse, neglect, financial instability, pregnancy, and substance
537 (c) A support services program that provides economically
538 disadvantaged youth with support services, jobs, training,
539 counseling, mentoring, and prepaid postsecondary tuition
541 (d) A juvenile offender job training program that offers an
542 opportunity for juvenile offenders to develop educational and
543 job skills in a 12-month to 18-month nonresidential training
544 program, teaching the offenders skills such as computer-aided
545 design, modular panel construction, and heavy vehicle repair and
546 maintenance which will readily transfer to the private sector,
547 thereby promoting responsibility and productivity.
548 (e) An infant mortality prevention program that is designed
549 to discourage unhealthy behaviors such as smoking and alcohol or
550 drug consumption, reduce the incidence of babies born
551 prematurely or with low birth weight, reduce health care cost by
552 enabling babies to be safely discharged earlier from the
553 hospital, reduce the incidence of child abuse and neglect, and
554 improve parenting and problem-solving skills.
555 (f) A regional crime prevention and intervention program
556 that serves as an umbrella agency to coordinate and replicate
557 existing services to at-risk children, first-time juvenile
558 offenders, youth crime victims, and school dropouts.
559 (g) An alternative education outreach school program that
560 serves delinquent repeat offenders between 14 and 18 years of
561 age who have demonstrated failure in school and who are referred
562 by the juvenile court.
563 (h) A drug treatment and prevention program that provides
564 early identification of children with alcohol or drug problems
565 to facilitate treatment, comprehensive screening and assessment,
566 family involvement, and placement options.
567 (i) A community resource mother or father program that
568 emphasizes parental responsibility for the behavior of children,
569 and requires the availability of counseling services for
570 children at high risk for delinquent behavior.
571 Section 6. Paragraph (b) of subsection (1), paragraph (a)
572 of subsection (2), and subsection (3) of section 985.676,
573 Florida Statutes, are amended to read:
574 985.676 Community juvenile justice partnership grants.—
575 (1) GRANTS; CRITERIA.—
576 (b) In awarding these grants, the department shall consider
577 applications that at a minimum provide for the following:
578 1. The participation of the agencies and programs needed to
579 implement the project or program for which the applicant is
581 2. The reduction of truancy and in-school and out-of-school
582 suspensions and expulsions, the enhancement of school safety,
583 and other delinquency early-intervention and diversion services;
584 3. The number of youths from 10 through 17 years of age
585 within the geographic area to be served by the program, giving
586 those geographic areas having the highest number of youths from
587 10 to 17 years of age priority for selection;
588 4. The extent to which the program targets high-juvenile
589 crime neighborhoods and those public schools serving juveniles
590 from high-crime neighborhoods;
591 5. The validity and cost-effectiveness of the program; and
592 6. The degree to which the program is located in and
593 managed by local leaders of the target neighborhoods and public
594 schools serving the target neighborhoods; and .
595 7. The development and implementation of the goals of the
596 local juvenile justice county council or circuit board and the
597 Children and Youth Cabinet, along with other departmental
599 (2) GRANT APPLICATION PROCEDURES.—
600 (a) Each entity wishing to apply for an annual community
601 juvenile justice partnership grant, which may be renewed for a
602 maximum of 2 additional years for the same provision of
603 services, unless subject to extension as prescribed under
604 subsection (3), shall submit a grant proposal for funding or
605 continued funding to the department. The department shall
606 establish the grant application procedures. In order to be
607 considered for funding, the grant proposal shall include the
608 following assurances and information:
609 1. A letter from each the chair of the juvenile justice
610 circuit board and council confirming that the grant application
611 has been reviewed and found to support one or more purposes or
612 goals of the juvenile justice plan as developed by the board.
613 2. A rationale and description of the program and the
614 services to be provided, including goals and objectives.
615 3. A method for identification of the juveniles most likely
616 to be involved in the juvenile justice system who will be the
617 focus of the program.
618 4. Provisions for the participation of parents and
619 guardians in the program.
620 5. Coordination with other community-based and social
621 service prevention efforts, including, but not limited to, drug
622 and alcohol abuse prevention and dropout prevention programs,
623 that serve the target population or neighborhood.
624 6. An evaluation component to measure the effectiveness of
625 the program in accordance with s. 985.632.
626 7. A program budget, including the amount and sources of
627 local cash and in-kind resources committed to the budget. The
628 proposal must establish to the satisfaction of the department
629 that the entity will make a cash or in-kind contribution to the
630 program of a value that is at least equal to 20 percent of the
631 amount of the grant.
632 8. The necessary program staff.
633 (3) RESTRICTIONS.—
634 (a) This section does not prevent a program initiated under
635 a community juvenile justice partnership grant established
636 pursuant to this section from continuing to operate beyond the
637 3-year maximum funding period if it can find other funding
638 sources. Likewise, this section does not restrict the number of
639 programs an entity may apply for or operate.
640 (b) Notwithstanding the 3-year maximum funding period, the
641 department, upon the request of the entity or the recommendation
642 of the affected juvenile justice circuit board or county council
643 and the Children and Youth Cabinet, may indefinitely extend the
644 funding period for the same provision of services if the
645 entity’s evaluation report, submitted annually to the department
646 pursuant to paragraph (2)(e), shows that the entity’s services
647 in 3 previous years were unique and extraordinary in achieving
648 the goals of the department, the juvenile justice circuit board
649 or county council, or the Children and Youth Cabinet.
650 Section 7. This act shall take effect October 1, 2011.