Florida Senate - 2013                       CS for CS for SB 676
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Evers
       
       
       
       590-02286-13                                           2013676c2
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice circuit advisory
    3         boards and juvenile justice county councils; amending
    4         s. 985.664, F.S.; redesignating juvenile justice
    5         circuit boards as juvenile justice circuit advisory
    6         boards; requiring each board to have a county
    7         organization representing each county in the circuit;
    8         providing an exception for single-county circuits;
    9         deleting provisions providing for juvenile justice
   10         county councils; revising provisions relating to
   11         duties and responsibilities of boards; requiring
   12         submission of circuit plans by specified dates;
   13         revising membership of boards; providing for
   14         appointment and terms of members; providing for
   15         quorums and for passage of measures or positions;
   16         revising provisions relating to bylaws; amending ss.
   17         790.22, 938.17, 948.51, 985.48, and 985.676, F.S.;
   18         conforming provisions to changes made by the act;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 985.664, Florida Statutes, is amended to
   24  read:
   25         985.664 Juvenile justice circuit advisory boards and
   26  juvenile justice county councils.—
   27         (1) There is authorized a juvenile justice circuit advisory
   28  board to be established in each of the 20 judicial circuits and
   29  a juvenile justice county council to be established in each of
   30  the 67 counties. Except in single-county circuits, each juvenile
   31  justice circuit advisory board shall have a county organization
   32  representing each of the counties in the circuit. The county
   33  organization shall report directly to the juvenile justice
   34  circuit advisory board on the juvenile justice needs of the
   35  county. The purpose of each juvenile justice circuit advisory
   36  board and each juvenile justice county council is to provide
   37  advice and direction to the department in the development and
   38  implementation of juvenile justice programs and to work
   39  collaboratively with the department in seeking program
   40  improvements and policy changes to address the emerging and
   41  changing needs of Florida’s youth who are at risk of
   42  delinquency.
   43         (2) The duties and responsibilities of a juvenile justice
   44  circuit advisory board include, but are not limited to:
   45         (a) Developing Each juvenile justice county council shall
   46  develop a juvenile justice prevention and early intervention
   47  plan for the county and shall collaborate with the circuit board
   48  and other county councils assigned to that circuit in the
   49  development of a comprehensive plan for the circuit. The initial
   50  circuit plan shall be submitted to the department no later than
   51  December 31, 2014, and no later than June 30 every 3 years
   52  thereafter. The department shall prescribe a format and content
   53  requirements for the submission of the comprehensive plan.
   54         (b)(3)Participating in the facilitation of Juvenile
   55  justice circuit boards and county councils shall also
   56  participate in facilitating interagency cooperation and
   57  information sharing.
   58         (c)(4)Providing recommendations Juvenile justice circuit
   59  boards and county councils may apply for and receive public or
   60  private grants to be administered by one of the community
   61  partners that support one or more components of the
   62  comprehensive county or circuit plan.
   63         (d)(5)Providing recommendations to Juvenile justice
   64  circuit boards and county councils shall advise and assist the
   65  department in the evaluation and award of prevention and early
   66  intervention grant programs, including the Community Juvenile
   67  Justice Partnership Grant program established in s. 985.676 and
   68  proceeds from the Invest in Children license plate annual use
   69  fees.
   70         (e)(6)Providing Each juvenile justice circuit board shall
   71  provide an annual report to the department describing the
   72  board’s activities of the circuit board and each of the county
   73  councils contained within its circuit. The department shall may
   74  prescribe a format and content requirements for submission of
   75  annual reports. The annual report must be submitted to the
   76  department no later than August 1 of each year.
   77         (3)(7)Each Membership of the juvenile justice circuit
   78  advisory board shall have a minimum of 16 may not exceed 18
   79  members, except as provided in subsections (8) and (9). The
   80  membership of each Members must include the state attorney, the
   81  public defender, and the chief judge of the circuit, or their
   82  respective designees. The remaining 15 members of the board must
   83  be appointed by the county councils within that circuit. The
   84  board must include at least one representative from each county
   85  council within the circuit. In appointing members to the circuit
   86  board, the county councils must reflect:
   87         (a) The circuit’s geography and population distribution.
   88         (b) Juvenile justice partners, including, but not limited
   89  to, representatives of law enforcement, the school system, and
   90  the Department of Children and Family Services.
   91         (b)(c) Diversity in the judicial circuit.
   92         (8) At any time after the adoption of initial bylaws
   93  pursuant to subsection (12), a juvenile justice circuit board
   94  may revise the bylaws to increase the number of members by not
   95  more than three in order to adequately reflect the diversity of
   96  the population and community organizations or agencies in the
   97  circuit.
   98         (9) If county councils are not formed within a circuit, the
   99  circuit board may establish its membership in accordance with
  100  subsection (10). For juvenile justice circuit boards organized
  101  pursuant to this subsection, the state attorney, public
  102  defender, and chief circuit judge, or their respective
  103  designees, shall be members of the circuit board.
  104         (4)(10)Each member of the juvenile justice circuit
  105  advisory board must be approved by the secretary of the
  106  department, except those members listed in paragraphs (a), (b),
  107  (c), (e), (f), (g), and (h). Membership of The juvenile justice
  108  county councils, or juvenile justice circuit advisory boards
  109  established under subsection (1) must (9), may include as
  110  members representatives from the following entities:
  111         (a) The state attorney or his or her designee
  112  Representatives from the school district, which may include
  113  elected school board officials, the school superintendent,
  114  school or district administrators, teachers, and counselors.
  115         (b) The public defender or his or her designee
  116  Representatives of the board of county commissioners.
  117         (c) The chief judge or his or her designee Representatives
  118  of the governing bodies of local municipalities within the
  119  county.
  120         (d) A representative of the corresponding circuit or
  121  regional entity of the Department of Children and Families
  122  Family Services.
  123         (e) Representatives of local law enforcement agencies,
  124  including The sheriff or the sheriff’s designee from each county
  125  in the circuit.
  126         (f) A police chief or his or her designee from each county
  127  in the circuit Representatives of the judicial system.
  128         (g)  A county commissioner or his or her designee from each
  129  county in the circuit.
  130         (h) The superintendent of each school district in the
  131  circuit or his or her designee.
  132         (i) A representative from the workforce organization of
  133  each county in the circuit.
  134         (j)(g)A representative Representatives of the business
  135  community.
  136         (k) A youth representative who has had an experience with
  137  the juvenile justice system and is not older than 21 years of
  138  age.
  139         (h) Representatives of other interested officials, groups,
  140  or entities, including, but not limited to, a children’s
  141  services council, public or private providers of juvenile
  142  justice programs and services, students, parents, and advocates.
  143  Private providers of juvenile justice programs may not exceed
  144  one-third of the voting membership.
  145         (l)(i)A representative representatives of the faith
  146  community.
  147         (m)(j)A health services representative who specializes in
  148  mental health care, Representatives of victim-service programs,
  149  or and victims of crimes.
  150         (k) Representatives of the Department of Corrections.
  151         (n) A parent or family member of a youth who has been
  152  involved with the juvenile justice system.
  153         (o) Up to five representatives from any of the following
  154  who are not otherwise represented in this subsection:
  155         1. Community leaders.
  156         2. Youth-serving coalitions.
  157         (5)(a) To form the initial juvenile justice circuit
  158  advisory board, the secretary of the department, in consultation
  159  with the juvenile justice county councils in existence on
  160  October 1, 2013, shall appoint the chair of the board, who must
  161  meet the board membership requirements in subsection (4). Within
  162  45 days after being appointed, the chair shall appoint the
  163  remaining members to the juvenile justice advisory board and
  164  submit the appointments to the department for approval.
  165         (b) Thereafter, when a vacancy of the chair occurs, the
  166  secretary of the department, in consultation with the juvenile
  167  justice circuit advisory board, shall appoint a new chair, who
  168  must meet the board membership requirements in subsection (4).
  169  The chair shall appoint members to vacant seats within 45 days
  170  of the vacancy and submit the appointments to the department for
  171  approval.
  172         (6) A member may not serve more than two consecutive 2-year
  173  terms, except those members listed in paragraphs (4)(a), (b),
  174  (c), (e), (f), (g), and (h). A former member who has not served
  175  on the juvenile justice circuit advisory board for 2 years is
  176  eligible to serve on the juvenile justice circuit advisory board
  177  again.
  178         (7) At least half of the voting members of the juvenile
  179  justice circuit advisory board constitutes a quorum. A quorum
  180  must be present for the board to vote on a measure or position.
  181         (8) In order for a juvenile justice circuit advisory board
  182  measure or position to pass, it must receive more than 50
  183  percent of the vote.
  184         (9)(11) Each juvenile justice county council, or juvenile
  185  justice circuit advisory board established under subsection (9),
  186  must provide for the establishment of an executive committee of
  187  not more than 10 members. The duties and authority of the
  188  executive committee must be addressed in the bylaws.
  189         (10)(12) Each juvenile justice circuit advisory board and
  190  county council shall have develop bylaws that provide for
  191  officers and committees as the board or council deems necessary
  192  and shall specify the qualifications, method of selection, and
  193  term for each office created. The department shall prescribe a
  194  format and content requirements for the bylaws. All bylaws must
  195  be approved by the department. The bylaws shall address at least
  196  the following issues: process for appointments to the board or
  197  council; election or appointment of officers; filling of vacant
  198  positions; duration of member terms; provisions for voting;
  199  meeting attendance requirements; and the establishment and
  200  duties of an executive committee, if required under subsection
  201  (11).
  202         (11)(13) Members of juvenile justice circuit advisory
  203  boards and county councils are subject to the provisions of part
  204  III of chapter 112.
  205         Section 2. Paragraph (c) of subsection (4) of section
  206  790.22, Florida Statutes, is amended to read:
  207         790.22 Use of BB guns, air or gas-operated guns, or
  208  electric weapons or devices by minor under 16; limitation;
  209  possession of firearms by minor under 18 prohibited; penalties.—
  210         (4)
  211         (c) The juvenile justice circuit advisory boards or
  212  juvenile justice county councils or the Department of Juvenile
  213  Justice shall establish appropriate community service programs
  214  to be available to the alternative sanctions coordinators of the
  215  circuit courts in implementing this subsection. The boards or
  216  councils or department shall propose the implementation of a
  217  community service program in each circuit, and may submit a
  218  circuit plan, to be implemented upon approval of the circuit
  219  alternative sanctions coordinator.
  220         Section 3. Subsection (4) of section 938.17, Florida
  221  Statutes, is amended to read:
  222         938.17 County delinquency prevention; juvenile assessment
  223  centers and school board suspension programs.—
  224         (4) A sheriff’s office that receives proceeds pursuant to
  225  s. 939.185 shall account for all funds annually by August 1 in a
  226  written report to the juvenile justice circuit advisory board
  227  county council if funds are used for assessment centers, and to
  228  the district school board if funds are used for suspension
  229  programs.
  230         Section 4. Subsection (2) of section 948.51, Florida
  231  Statutes, is amended to read:
  232         948.51 Community corrections assistance to counties or
  233  county consortiums.—
  234         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
  235  county, or a consortium of two or more counties, may contract
  236  with the Department of Corrections for community corrections
  237  funds as provided in this section. In order to enter into a
  238  community corrections partnership contract, a county or county
  239  consortium must have a public safety coordinating council
  240  established under s. 951.26 and must designate a county officer
  241  or agency to be responsible for administering community
  242  corrections funds received from the state. The public safety
  243  coordinating council shall prepare, develop, and implement a
  244  comprehensive public safety plan for the county, or the
  245  geographic area represented by the county consortium, and shall
  246  submit an annual report to the Department of Corrections
  247  concerning the status of the program. In preparing the
  248  comprehensive public safety plan, the public safety coordinating
  249  council shall cooperate with the juvenile justice circuit
  250  advisory board and the juvenile justice county council,
  251  established under s. 985.664, in order to include programs and
  252  services for juveniles in the plan. To be eligible for community
  253  corrections funds under the contract, the initial public safety
  254  plan must be approved by the governing board of the county, or
  255  the governing board of each county within the consortium, and
  256  the Secretary of Corrections based on the requirements of this
  257  section. If one or more other counties develop a unified public
  258  safety plan, the public safety coordinating council shall submit
  259  a single application to the department for funding. Continued
  260  contract funding shall be pursuant to subsection (5). The plan
  261  for a county or county consortium must cover at least a 5-year
  262  period and must include:
  263         (a) A description of programs offered for the job placement
  264  and treatment of offenders in the community.
  265         (b) A specification of community-based intermediate
  266  sentencing options to be offered and the types and number of
  267  offenders to be included in each program.
  268         (c) Specific goals and objectives for reducing the
  269  projected percentage of commitments to the state prison system
  270  of persons with low total sentencing scores pursuant to the
  271  Criminal Punishment Code.
  272         (d) Specific evidence of the population status of all
  273  programs which are part of the plan, which evidence establishes
  274  that such programs do not include offenders who otherwise would
  275  have been on a less intensive form of community supervision.
  276         (e) The assessment of population status by the public
  277  safety coordinating council of all correctional facilities owned
  278  or contracted for by the county or by each county within the
  279  consortium.
  280         (f) The assessment of bed space that is available for
  281  substance abuse intervention and treatment programs and the
  282  assessment of offenders in need of treatment who are committed
  283  to each correctional facility owned or contracted for by the
  284  county or by each county within the consortium.
  285         (g) A description of program costs and sources of funds for
  286  each community corrections program, including community
  287  corrections funds, loans, state assistance, and other financial
  288  assistance.
  289         Section 5. Subsection (13) of section 985.48, Florida
  290  Statutes, is amended to read:
  291         985.48 Juvenile sexual offender commitment programs; sexual
  292  abuse intervention networks.—
  293         (13) Subject to specific appropriation, availability of
  294  funds, or receipt of appropriate grant funds, the Office of the
  295  Attorney General, the Department of Children and Families Family
  296  Services, or the Department of Juvenile Justice, or local
  297  juvenile justice councils shall award grants to sexual abuse
  298  intervention networks that apply for such grants. The grants may
  299  be used for training, treatment, conditional release,
  300  evaluation, public awareness, and other specified community
  301  needs that are identified by the network. A grant shall be
  302  awarded based on the applicant’s level of local funding, level
  303  of collaboration, number of juvenile sexual offenders to be
  304  served, number of victims to be served, and level of unmet
  305  needs.
  306         Section 6. Paragraph (a) of subsection (1) and paragraphs
  307  (b) and (e) of subsection (2) of section 985.676, Florida
  308  Statutes, are amended to read:
  309         985.676 Community juvenile justice partnership grants.—
  310         (1) GRANTS; CRITERIA.—
  311         (a) In order to encourage the development of a county and
  312  circuit juvenile justice plan plans and the development and
  313  implementation of county and circuit interagency agreements
  314  under s. 985.664, the community juvenile justice partnership
  315  grant program is established and shall be administered by the
  316  department.
  317         (2) GRANT APPLICATION PROCEDURES.—
  318         (b) The department shall consider the following in awarding
  319  such grants:
  320         1. The recommendations of the juvenile justice county
  321  council as to the priority that should be given to proposals
  322  submitted by entities within a county.
  323         2. the recommendations of the juvenile justice circuit
  324  advisory board as to the priority that should be given to
  325  proposals submitted by entities within a circuit in awarding
  326  such grants.
  327         (e) Each entity that is awarded a grant as provided for in
  328  this section shall submit an annual evaluation report to the
  329  department, the circuit juvenile justice manager, and the
  330  juvenile justice circuit advisory board, and the juvenile
  331  justice county council, by a date subsequent to the end of the
  332  contract period established by the department, documenting the
  333  extent to which the program objectives have been met, the effect
  334  of the program on the juvenile arrest rate, and any other
  335  information required by the department. The department shall
  336  coordinate and incorporate all such annual evaluation reports
  337  with s. 985.632. Each entity is also subject to a financial
  338  audit and a performance audit.
  339         Section 7. This act shall take effect October 1, 2013.