Florida Senate - 2013                                     SB 882
       By Senator Gibson
       9-01031C-13                                            2013882__
    1                        A bill to be entitled                      
    2         An act relating to administering county and municipal
    3         delinquency programs and facilities; amending s.
    4         985.688, F.S.; deleting language that required the
    5         Department of Juvenile Justice to charge, and the
    6         county or municipal government to pay, a monitoring
    7         fee to cover a portion of the direct operating costs
    8         of the juvenile detention facility; establishing
    9         criteria to demonstrate that the county or
   10         municipality is in compliance with standards for
   11         operating juvenile delinquency programs and detention
   12         facilities; deleting a provision providing that a
   13         sheriff who complies with the subsection is not
   14         subject to any additional training, procedures, or
   15         inspections; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (b) of subsection (9) and subsection
   20  (11) of section 985.688, Florida Statutes, are amended to read:
   21         985.688 Administering county and municipal delinquency
   22  programs and facilities.—
   23         (9) A county or municipal government may establish and
   24  operate a juvenile detention facility in compliance with this
   25  section, if such facility is certified by the department.
   26         (b) The department is required to conduct quarterly
   27  inspections and evaluations of each county or municipal
   28  government juvenile detention facility to determine whether the
   29  facility complies with the department’s rules for continued
   30  operation. The department shall charge, and the county or
   31  municipal government shall pay, a monitoring fee equal to 0.5
   32  percent of the direct operating costs of the program. The
   33  operation of a facility that which fails to pass the
   34  department’s quarterly inspection and evaluation due to a, if
   35  the deficiency that causing the failure is material shall, must
   36  be terminated if the such deficiency is not corrected by the
   37  next quarterly inspection.
   38         (11)(a) Notwithstanding the provisions of this section, a
   39  county is in compliance with this section if:
   40         1. The county provides the full cost for preadjudication
   41  detention for juveniles;
   42         2. The county authorizes the county sheriff, any other
   43  county jail operator, or a contracted provider located inside or
   44  outside the county to provide preadjudication detention care for
   45  juveniles;
   46         3. The county sheriff or other county jail operator is
   47  accredited by the Florida Corrections Accreditation Commission
   48  or American Correctional Association; and
   49         4. The facility is inspected annually and meets the Florida
   50  Model Jail Standards;.
   51         5.The county or municipal program prohibits program
   52  personnel from carrying chemical and electric restraints on
   53  their person while in the presence of children. If a facility
   54  has chemical and electric restraints on site, the restraints
   55  shall be locked away from direct-care staff, they may be used
   56  only in exigent circumstances, such as a riot, they may be used
   57  only with the approval of the facility director, and chemical
   58  restraints must be weighed after any and all uses;
   59         6.The direct-care staff are stationed inside the living
   60  areas where children are housed at a staff-to-child ratio of 1
   61  adult to 8 children during waking hours and a ratio of 1 adult
   62  to 10 children when the children are asleep;
   63         7.The program limits the use of video or audio recording
   64  equipment as the sole method used to monitor children in the
   65  program;
   66         8.The program uses a positive behavior management system
   67  that tracks each child and specifies rewards and consequences
   68  for specific behavior;
   69         9.The program uses programming, recreation, and
   70  educational materials and activities that ensure that children
   71  are not confined to their cells except for sleeping; and
   72         10.The program does not use isolation, solitary
   73  confinement, or cell confinement unless recommended by a
   74  licensed physician.
   75         (b) A county or county sheriff may form regional detention
   76  facilities through an interlocal agreement in order to meet the
   77  requirements of this section.
   78         (c) Each county sheriff or other county jail operator shall
   79  must follow the federal regulations that require sight and sound
   80  separation of juvenile inmates from adult inmates.
   81         (d) A county or county sheriff that complies with this
   82  subsection is not subject to any additional training,
   83  procedures, or inspections required by this chapter.
   84         Section 2. This act shall take effect July 1, 2013.