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.