Florida Senate - 2011                (Corrected Copy)    SB 1856
       By Senator Wise
       5-01632A-11                                           20111856__
    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
   71  read:
   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
   97  taken.
   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
  127  category.
  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.
  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
  184  magistrate.
  185         Section 2. Section 985.35, Florida Statutes, is amended to
  186  read:
  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
  226  delinquency.
  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
  259  adjudicated.
  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
  288  read:
  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
  390  circuit.
  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
  397  board.
  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
  407  counselors.
  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
  413  Services.
  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
  470  funds.
  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
  479  read:
  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
  491  department.
  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
  512  agency.
  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
  529  restoration.
  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
  536  abuse.
  537         (c) A support services program that provides economically
  538  disadvantaged youth with support services, jobs, training,
  539  counseling, mentoring, and prepaid postsecondary tuition
  540  scholarships.
  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
  580  applying;
  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
  598  purposes.
  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.