Florida Senate - 2014                                     SB 700
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00541D-14                                            2014700__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Juvenile Justice;
    3         amending s. 985.01, F.S.; revising the purposes of ch.
    4         985, F.S., relating to juvenile justice; amending s.
    5         985.02, F.S.; revising the legislative intent and
    6         findings relating to the juvenile justice system;
    7         amending s. 985.03, F.S.; defining and redefining
    8         terms; amending s. 985.0301, F.S.; allowing a child
    9         who has been detained to be transferred to the
   10         detention center or facility in the circuit in which
   11         the child resides or will reside at the time of
   12         detention; deleting provisions relating to the
   13         retention of jurisdiction by the court of a child
   14         under certain circumstances; conforming provisions to
   15         changes made by the act; amending s. 985.037, F.S.;
   16         requiring the court to hold a hearing if a child is
   17         charged with direct contempt of court and to afford
   18         the child due process at such hearing; requiring the
   19         court to review the placement of a child in a secure
   20         detention facility upon motion by the defense or state
   21         attorney; conforming provisions to changes made by the
   22         act; repealing s. 985.105, F.S., relating to youth
   23         custody officers; amending s. 985.11, F.S.; providing
   24         that a child’s fingerprints do not need to be
   25         submitted to the Department of Law Enforcement under
   26         certain circumstances; amending s. 985.14, F.S.;
   27         authorizing juvenile assessment center personnel to
   28         perform the intake process for children in custody of
   29         the Department of Juvenile Justice; providing
   30         requirements for the intake process; amending s.
   31         985.145, F.S.; transferring responsibilities relating
   32         to the intake process from the juvenile probation
   33         officer to the department; creating s. 985.17, F.S.;
   34         providing goals for the department’s prevention
   35         services; requiring the department to engage with
   36         certain faith-based and community-based organizations;
   37         requiring the department to establish volunteer
   38         coordinators; requiring the department to promote a
   39         specified license plate; providing for the use of
   40         funds related to prevention services; amending s.
   41         985.24, F.S.; requiring that a determination or court
   42         order regarding the use of detention care include any
   43         findings that the child illegally possessed a firearm;
   44         authorizing the department to develop evening
   45         reporting centers; providing requirements for such
   46         centers; conforming provisions to changes made by the
   47         act; amending s. 985.245, F.S.; conforming provisions
   48         to changes made by the act; amending s. 985.25, F.S.;
   49         transferring the responsibility for detention intake
   50         from the juvenile probation officer to the department;
   51         requiring that a child be placed in secure detention
   52         care until the child’s detention hearing under certain
   53         circumstances; conforming provisions to changes made
   54         by the act; amending s. 985.255, F.S.; requiring that
   55         a child taken into custody and placed into secure or
   56         nonsecure detention care be given a hearing within a
   57         certain timeframe; authorizing the court to order
   58         continued detention under certain circumstances;
   59         requiring that, if the initial order placing the youth
   60         on detention care does not include a release date, a
   61         release date be requested of the court on the same
   62         date the youth is placed on detention care; requiring
   63         that, if a subsequent hearing is needed to provide
   64         additional information to the court for safety
   65         planning, the initial order reflect the date of the
   66         next detention review hearing, which must be within 3
   67         calendar days after the child’s initial detention
   68         placement; conforming provisions to changes made by
   69         the act; amending s. 985.26, F.S.; conforming
   70         provisions to changes made by the act; amending s.
   71         985.265, F.S.; requiring that detention staff
   72         immediately notify law enforcement, school personnel,
   73         and the victim, when a juvenile charged with a
   74         specified crime is released from secure detention or
   75         transferred to nonsecure detention; conforming
   76         provisions to changes made by the act; amending s.
   77         985.27, F.S.; conforming provisions to changes made by
   78         the act; amending s. 985.275, F.S.; requiring an
   79         authorized agent of the department to notify law
   80         enforcement and attempt to locate a child who has
   81         escaped from a residential commitment facility;
   82         requiring that the victim be notified under certain
   83         circumstances; amending s. 985.433, F.S.; revising
   84         provisions relating to educational goals of a child in
   85         a predisposition report; requiring the department,
   86         rather than the juvenile probation officer, to
   87         recommend to the court the most appropriate treatment
   88         and placement plan; amending s. 985.435, F.S.;
   89         authorizing a probation program to include an
   90         alternative consequence component; providing
   91         requirements for such component; requiring that the
   92         department provide an evaluation of the youth’s risk
   93         to reoffend; conforming provisions to changes made by
   94         the act; amending s. 985.439, F.S.; providing that the
   95         section applies to children on probation or
   96         postcommitment probation, regardless of adjudication;
   97         authorizing the department to establish programs to
   98         provide alternative consequences for certain probation
   99         violations; providing requirements for such programs;
  100         conforming provisions to changes made by the act;
  101         amending s. 985.441, F.S.; providing that the court
  102         may commit a child who is on probation for a
  103         misdemeanor or a certain probation violation only at a
  104         specified restrictiveness level; authorizing the court
  105         to commit such child to a nonsecure residential
  106         placement in certain circumstances; conforming
  107         provisions to changes made by the act; amending s.
  108         985.46, F.S.; providing that conditional release
  109         includes transition-to-adulthood services; requiring
  110         certain students to participate in an educational or
  111         career education program; amending s. 985.461, F.S.;
  112         authorizing the department to provide transition-to
  113         adulthood services under certain circumstances;
  114         authorizing the department to use community reentry
  115         teams composed of certain individuals and entities for
  116         certain purposes; removing age restrictions for youth
  117         who receive transition-to-adulthood services;
  118         requiring the department to assist youth in developing
  119         a portfolio of certain accomplishments and to
  120         collaborate with school districts to facilitate
  121         certain educational services; amending ss. 985.481 and
  122         985.4815, F.S.; deleting obsolete provisions; amending
  123         s. 985.601, F.S.; requiring the department to contract
  124         for programs to provide trauma-informed care, family
  125         engagement resources, and gender-specific programming;
  126         authorizing the department to pay expenses in support
  127         of certain programs; repealing s. 985.605, F.S.,
  128         relating to prevention service programs, monitoring,
  129         and uniform performance measures; repealing s.
  130         985.606, F.S., relating to prevention services
  131         providers, performance data collection, and reporting;
  132         repealing s. 985.61, F.S., relating to early
  133         delinquency intervention programs; amending s.
  134         985.632, F.S.; revising legislative intent to include
  135         that the department establish a performance
  136         accountability system for certain providers that
  137         contract with the department; providing requirements
  138         for such contracts; requiring that the department’s
  139         Bureau of Research and Planning submit a report to the
  140         Legislature; providing requirements for the report;
  141         defining terms; requiring that the department develop,
  142         in consultation with specified entities, a standard
  143         methodology for measuring, evaluating, and reporting;
  144         providing requirements for the methodology; deleting
  145         reporting requirements related to cost data; revising
  146         the requirements of the department’s cost
  147         effectiveness model; requiring the department to
  148         establish a quality improvement system rather than a
  149         quality assurance system; conforming provisions to
  150         changes made by the act; amending s. 985.644, F.S.;
  151         providing that specified individuals are not required
  152         to submit to certain screenings under certain
  153         circumstances; creating s. 985.6441, F.S.; defining
  154         the terms “hospital” and “health care provider”;
  155         limiting the department’s compensation of health care
  156         providers; amending s. 985.66, F.S.; revising the
  157         purpose of juvenile justice programs and courses;
  158         revising the duties of the department for staff
  159         development and training; providing that employees of
  160         certain contract providers may participate in the
  161         training program; amending s. 985.664, F.S.; requiring
  162         the juvenile justice circuit advisory board, rather
  163         than the secretary of the department, to appoint a new
  164         chair to that board; providing that the chair serves
  165         at the pleasure of the secretary; amending s. 985.672,
  166         F.S.; redefining the term “direct-support
  167         organization”; authorizing the department to allow the
  168         use of personnel services of the juvenile justice
  169         system by a direct-support organization; amending s.
  170         985.682, F.S.; deleting provisions relating to a
  171         statewide study; conforming provisions to changes made
  172         by the act; amending s. 985.69, F.S.; providing for
  173         repair and maintenance funding for juvenile justice
  174         purposes; repealing s. 985.694, F.S., relating to the
  175         Juvenile Care and Maintenance Trust Fund; amending s.
  176         985.701, F.S.; defining the term “juvenile offender”;
  177         removing the requirement that the juvenile be detained
  178         by, supervised by, or committed to the custody of the
  179         department for the purposes of charging sexual
  180         misconduct by an employee of the department; creating
  181         s. 985.702, F.S.; defining terms; prohibiting an
  182         employee from willfully and maliciously neglecting a
  183         juvenile offender; providing criminal penalties;
  184         providing for dismissal from employment with the
  185         department; requiring an employee to report certain
  186         information; requiring the department’s inspector
  187         general to conduct an appropriate administrative
  188         investigation; requiring that the inspector general
  189         notify the state attorney under certain circumstances;
  190         amending s. 943.0582, F.S.; requiring that the
  191         department expunge the nonjudicial arrest record of
  192         certain minors under certain circumstances; repealing
  193         s. 945.75, F.S., relating to tours of state
  194         correctional facilities for juveniles; amending s.
  195         121.0515, F.S.; conforming provisions to changes made
  196         by the act; amending ss. 985.045 and 985.721, F.S.;
  197         conforming cross-references; providing an effective
  198         date.
  199          
  200  Be It Enacted by the Legislature of the State of Florida:
  201  
  202         Section 1. Section 985.01, Florida Statutes, is amended to
  203  read:
  204         985.01 Purposes and intent.—
  205         (1) The purposes of this chapter are:
  206         (a) To increase public safety by reducing juvenile
  207  delinquency through effective prevention, intervention, and
  208  treatment services that strengthen and reform the lives of
  209  children.
  210         (b)(a) To provide judicial and other procedures to assure
  211  due process through which children, victims, and other
  212  interested parties are assured fair hearings by a respectful and
  213  respected court or other tribunal and the recognition,
  214  protection, and enforcement of their constitutional and other
  215  legal rights, while ensuring that public safety interests and
  216  the authority and dignity of the courts are adequately
  217  protected.
  218         (c)(b) To provide for the care, safety, and protection of
  219  children in an environment that fosters healthy social,
  220  emotional, intellectual, educational, and physical development;
  221  to ensure secure and safe custody; and to promote the health and
  222  well-being of all children under the state’s care.
  223         (d)(c) To ensure the protection of society, by providing
  224  for a comprehensive standardized assessment of the child’s needs
  225  so that the most appropriate control, discipline, punishment,
  226  and treatment can be administered consistent with the
  227  seriousness of the act committed, the community’s long-term need
  228  for public safety, the prior record of the child, and the
  229  specific rehabilitation needs of the child, while also
  230  providing, whenever possible, restitution to the victim of the
  231  offense.
  232         (e)(d) To preserve and strengthen the child’s family ties,
  233  whenever possible, by providing for removal of the child from
  234  the physical custody of a parent parental custody only when his
  235  or her welfare or the safety and protection of the public cannot
  236  be adequately safeguarded without such removal; and, when the
  237  child is removed from his or her own family, to secure custody,
  238  care, and discipline for the child as nearly as possible
  239  equivalent to that which should have been given by the parents;
  240  and to assure, in all cases in which a child must be permanently
  241  removed from parental custody, that the child be placed in an
  242  approved family home, adoptive home, independent living program,
  243  or other placement that provides the most stable and permanent
  244  living arrangement for the child, as determined by the court.
  245         (f)(e)1. To assure that the adjudication and disposition of
  246  a child alleged or found to have committed a violation of
  247  Florida law be exercised with appropriate discretion and in
  248  keeping with the seriousness of the offense and the need for
  249  treatment services, and that all findings made under this
  250  chapter be based upon facts presented at a hearing that meets
  251  the constitutional standards of fundamental fairness and due
  252  process.
  253         2. To assure that the sentencing and placement of a child
  254  tried as an adult be appropriate and in keeping with the
  255  seriousness of the offense and the child’s need for
  256  rehabilitative services, and that the proceedings and procedures
  257  applicable to such sentencing and placement be applied within
  258  the full framework of constitutional standards of fundamental
  259  fairness and due process.
  260         (g)(f) To provide children committed to the department with
  261  training in life skills, including career and technical
  262  education, if appropriate.
  263         (h) To care for children in the least restrictive and most
  264  appropriate service environments.
  265         (i) To allocate resources for the most effective programs,
  266  services, and treatments to ensure that children, their
  267  families, and their community support systems are connected with
  268  these programs, services, and treatments at the most impactful
  269  points along the juvenile justice continuum.
  270         (2) It is the intent of the Legislature that this chapter
  271  be liberally interpreted and construed in conformity with its
  272  declared purposes.
  273         Section 2. Section 985.02, Florida Statutes, is amended to
  274  read:
  275         985.02 Legislative intent for the juvenile justice system.—
  276         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  277  the Legislature that the children of this state be provided with
  278  the following protections:
  279         (a) Protection from abuse, neglect, and exploitation.
  280         (b) A permanent and stable home.
  281         (c) A safe and nurturing environment that which will
  282  preserve a sense of personal dignity and integrity.
  283         (d) Adequate nutrition, shelter, and clothing.
  284         (e) Effective treatment to address physical, social, and
  285  emotional needs, regardless of geographical location.
  286         (f) Equal opportunity and access to quality and effective
  287  education, which will meet the individual needs of each child,
  288  and to recreation and other community resources to develop
  289  individual abilities.
  290         (g) Access to preventive services.
  291         (h)An independent, trained advocate when intervention is
  292  necessary, and a skilled guardian or caretaker in a safe
  293  environment when alternative placement is necessary.
  294         (h)(i) Gender-specific programming and gender-specific
  295  program models and services that comprehensively address the
  296  needs of a targeted gender group.
  297         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  298  children in the care of the state’s dependency and delinquency
  299  system systems need appropriate health care services, that the
  300  impact of substance abuse on health indicates the need for
  301  health care services to include substance abuse services where
  302  appropriate, and that it is in the state’s best interest that
  303  such children be provided the services they need to enable them
  304  to become and remain independent of state care. In order to
  305  provide these services, the state’s dependency and delinquency
  306  system systems must have the ability to identify and provide
  307  appropriate intervention and treatment for children with
  308  personal or family-related substance abuse problems. It is
  309  therefore the purpose of the Legislature to provide authority
  310  for the state to contract with community substance abuse
  311  treatment providers for the development and operation of
  312  specialized support and overlay services for the dependency and
  313  delinquency system systems, which will be fully implemented and
  314  used utilized as resources permit.
  315         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  316  policy of the state with respect to juvenile justice and
  317  delinquency prevention to first protect the public from acts of
  318  delinquency. In addition, it is the policy of the state to:
  319         (a) Develop and implement effective methods of preventing
  320  and reducing acts of delinquency, with a focus on maintaining
  321  and strengthening the family as a whole so that children may
  322  remain in their homes or communities.
  323         (b) Develop and implement effective programs to prevent
  324  delinquency, to divert children from the traditional juvenile
  325  justice system, to intervene at an early stage of delinquency,
  326  and to provide critically needed alternatives to
  327  institutionalization and deep-end commitment.
  328         (c) Provide well-trained personnel, high-quality services,
  329  and cost-effective programs within the juvenile justice system.
  330         (d) Increase the capacity of local governments and public
  331  and private agencies to conduct rehabilitative treatment
  332  programs and to provide research, evaluation, and training
  333  services in the field of juvenile delinquency prevention.
  334  
  335  The Legislature intends that detention care, in addition to
  336  providing secure and safe custody, will promote the health and
  337  well-being of the children committed thereto and provide an
  338  environment that fosters their social, emotional, intellectual,
  339  and physical development.
  340         (4) DETENTION.—
  341         (a) The Legislature finds that there is a need for a secure
  342  placement for certain children alleged to have committed a
  343  delinquent act. The Legislature finds that detention should be
  344  used only when less restrictive interim placement alternatives
  345  before prior to adjudication and disposition are not
  346  appropriate. The Legislature further finds that decisions to
  347  detain should be based in part on a prudent assessment of risk
  348  and be limited to situations where there is clear and convincing
  349  evidence that a child presents a risk of failing to appear or
  350  presents a substantial risk of inflicting bodily harm on others
  351  as evidenced by recent behavior; presents a history of
  352  committing a serious property offense prior to adjudication,
  353  disposition, or placement; has acted in direct or indirect
  354  contempt of court; or requests protection from imminent bodily
  355  harm.
  356         (b) The Legislature intends that a juvenile found to have
  357  committed a delinquent act understands the consequences and the
  358  serious nature of such behavior. Therefore, the Legislature
  359  finds that secure detention is appropriate to provide punishment
  360  for juveniles who pose a threat to public safety that
  361  discourages further delinquent behavior. The Legislature also
  362  finds that certain juveniles have committed a sufficient number
  363  of criminal acts, including acts involving violence to persons,
  364  to represent sufficient danger to the community to warrant
  365  sentencing and placement within the adult system. It is the
  366  intent of the Legislature to establish clear criteria in order
  367  to identify these juveniles and remove them from the juvenile
  368  justice system.
  369         (5) SITING OF FACILITIES.—
  370         (a) The Legislature finds that timely siting and
  371  development of needed residential facilities for juvenile
  372  offenders is critical to the public safety of the citizens of
  373  this state and to the effective rehabilitation of juvenile
  374  offenders.
  375         (b) It is the purpose of the Legislature to guarantee that
  376  such facilities are sited and developed within reasonable
  377  timeframes after they are legislatively authorized and
  378  appropriated.
  379         (c) The Legislature further finds that such facilities must
  380  be located in areas of the state close to the home communities
  381  of the children they house in order to ensure the most effective
  382  rehabilitation efforts, and the most intensive postrelease
  383  supervision, and case management. The placement of facilities
  384  close to the home communities of the children they house is also
  385  intended to facilitate family involvement in the treatment
  386  process. Residential facilities may not shall have no more than
  387  90 165 beds each, including campus-style programs, unless those
  388  campus-style programs include more than one level of
  389  restrictiveness, provide multilevel education and treatment
  390  program programs using different treatment protocols, and have
  391  facilities that coexist separately in distinct locations on the
  392  same property.
  393         (d) It is the intent of the Legislature that all other
  394  departments and agencies of the state shall cooperate fully with
  395  the Department of Juvenile Justice to accomplish the siting of
  396  facilities for juvenile offenders.
  397  
  398  The supervision, counseling, and rehabilitative treatment, and
  399  punitive efforts of the juvenile justice system should avoid the
  400  inappropriate use of correctional programs and large
  401  institutions. The Legislature finds that detention services
  402  should exceed the primary goal of providing safe and secure
  403  custody pending adjudication and disposition.
  404         (6) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  405  Parents, custodians, and guardians are deemed by the state to be
  406  responsible for providing their children with sufficient
  407  support, guidance, and supervision to deter their participation
  408  in delinquent acts. The state further recognizes that the
  409  ability of parents, custodians, and guardians to fulfill those
  410  responsibilities can be greatly impaired by economic, social,
  411  behavioral, emotional, and related problems. It is therefore the
  412  policy of the Legislature that it is the state’s responsibility
  413  to ensure that factors impeding the ability of caretakers to
  414  fulfill their responsibilities are identified through the
  415  delinquency intake process and that appropriate recommendations
  416  to address those problems are considered in any judicial or
  417  nonjudicial proceeding. Nonetheless, as it is also the intent of
  418  the Legislature to preserve and strengthen the child’s family
  419  ties, it is the policy of the Legislature that the emotional,
  420  legal, and financial responsibilities of the caretaker with
  421  regard to the care, custody, and support of the child continue
  422  while the child is in the physical or legal custody of the
  423  department.
  424         (7) GENDER-SPECIFIC PROGRAMMING.—
  425         (a) The Legislature finds that the prevention, treatment,
  426  and rehabilitation needs of children youth served by the
  427  juvenile justice system are gender specific gender-specific.
  428         (b) Gender-specific programming refers to unique program
  429  models and services that comprehensively address the needs of a
  430  targeted gender group. Gender-specific services require the
  431  adherence to the principle of equity to ensure that the
  432  different interests of young women and men are recognized and
  433  varying needs are met, with equality as the desired outcome.
  434  Gender-specific programming focuses on the differences between
  435  young females’ and young males’ roles and responsibilities,
  436  positions in society, access to and use of resources, and social
  437  codes governing behavior. Gender-specific programs increase the
  438  effectiveness of programs by making interventions more
  439  appropriate to the specific needs of young women and men and
  440  ensuring that these programs do not unknowingly create,
  441  maintain, or reinforce gender roles or relations that may be
  442  damaging.
  443         (8)TRAUMA-INFORMED CARE.—The Legislature finds that the
  444  department should use trauma-informed care as an approach to
  445  treating children with histories of trauma. Trauma-informed care
  446  assists service providers in recognizing the symptoms of trauma
  447  and acknowledges the role trauma has played in the child’s life.
  448  Services for children should be based on an understanding of the
  449  vulnerabilities and triggers of trauma survivors which
  450  traditional service delivery approaches may exacerbate so that
  451  these services and programs can be more supportive and avoid re
  452  traumatization. The department should use trauma-specific
  453  interventions that are designed to address the consequences of
  454  trauma in the child and to facilitate healing.
  455         (9)FAMILY AND COMMUNITY ENGAGEMENT.—The Legislature finds
  456  that families and community support systems are critical to the
  457  success of children and to ensure that they are nondelinquent.
  458  Therefore, if appropriate, children who can be held accountable
  459  safely through serving and treating them in their homes and
  460  communities should be diverted from more restrictive placements
  461  within the juvenile justice system. The Legislature also finds
  462  that there should be an emphasis on strengthening the family and
  463  immersing them in their community support system. The department
  464  should develop customized plans that acknowledge the importance
  465  of family and community support systems. The customized plans
  466  should recognize a child’s individual needs, capitalize on his
  467  or her strengths, reduce risk to the child, and prepare the
  468  child for a successful transition to, and unification with, his
  469  or her family and community support system. The child’s family
  470  shall be included in the department’s process of assessing the
  471  needs, services and treatment, and community connections of the
  472  children who are involved with the juvenile justice system or in
  473  danger of becoming so involved.
  474         Section 3. Section 985.03, Florida Statutes, is reordered
  475  and amended to read:
  476         985.03 Definitions.—As used in this chapter, the term:
  477         (1) “Abscond means to hide, conceal, or absent oneself
  478  from the jurisdiction of the court or supervision of the
  479  department to avoid prosecution or supervision.
  480         (2)(1) “Addictions receiving facility” means a substance
  481  abuse service provider as defined in chapter 397.
  482         (3)(2) “Adjudicatory hearing” means a hearing for the court
  483  to determine whether or not the facts support the allegations
  484  stated in the petition, as is provided for under s. 985.35 in
  485  delinquency cases.
  486         (4)(3) “Adult” means any natural person other than a child.
  487         (5)(4) “Arbitration” means a process whereby a neutral
  488  third person or panel, called an arbitrator or an arbitration
  489  panel, considers the facts and arguments presented by the
  490  parties and renders a decision, which may be binding or
  491  nonbinding.
  492         (6)(5) “Authorized agent” or “designee” of the department
  493  means a person or agency assigned or designated by the
  494  department or the Department of Children and Family Services, as
  495  appropriate, to perform duties or exercise powers under this
  496  chapter. The term and includes contract providers and their
  497  employees for purposes of providing services to and managing
  498  cases of children in need of services and families in need of
  499  services.
  500         (7)(6) “Child,or “juvenile,” or “youth” means any
  501  unmarried person younger than under the age of 18 years of age
  502  who has not been emancipated by order of the court and who has
  503  been found or alleged to be dependent, in need of services, or
  504  from a family in need of services; or any married or unmarried
  505  person who is alleged to have committed charged with a violation
  506  of law occurring before prior to the time that person reaches
  507  reached the age of 18 years of age.
  508         (8)(7) “Child in need of services” has the same meaning as
  509  provided in s. 984.03 means a child for whom there is no pending
  510  investigation into an allegation or suspicion of abuse, neglect,
  511  or abandonment; no pending referral alleging the child is
  512  delinquent; or no current supervision by the department or the
  513  Department of Children and Family Services for an adjudication
  514  of dependency or delinquency. The child must also, under this
  515  chapter, be found by the court:
  516         (a) To have persistently run away from the child’s parents
  517  or legal custodians despite reasonable efforts of the child, the
  518  parents or legal custodians, and appropriate agencies to remedy
  519  the conditions contributing to the behavior. Reasonable efforts
  520  shall include voluntary participation by the child’s parents or
  521  legal custodians and the child in family mediation, services,
  522  and treatment offered by the department or the Department of
  523  Children and Family Services;
  524         (b) To be habitually truant from school, while subject to
  525  compulsory school attendance, despite reasonable efforts to
  526  remedy the situation under ss. 1003.26 and 1003.27 and through
  527  voluntary participation by the child’s parents or legal
  528  custodians and by the child in family mediation, services, and
  529  treatment offered by the Department of Juvenile Justice or the
  530  Department of Children and Family Services; or
  531         (c) To have persistently disobeyed the reasonable and
  532  lawful demands of the child’s parents or legal custodians, and
  533  to be beyond their control despite efforts by the child’s
  534  parents or legal custodians and appropriate agencies to remedy
  535  the conditions contributing to the behavior. Reasonable efforts
  536  may include such things as good faith participation in family or
  537  individual counseling.
  538         (9)(8) “Child who has been found to have committed a
  539  delinquent act” means a child who, under this chapter, is found
  540  by a court to have committed a violation of law or to be in
  541  direct or indirect contempt of court. The term, except that this
  542  definition does not include a child who commits an act
  543  constituting contempt of court arising out of a dependency
  544  proceeding or a proceeding concerning a child or family in need
  545  of services.
  546         (9) “Child support” means a court-ordered obligation,
  547  enforced under chapter 61 and ss. 409.2551-409.2597, for
  548  monetary support for the care, maintenance, training, and
  549  education of a child.
  550         (10) “Circuit” means any of the 20 judicial circuits as set
  551  forth in s. 26.021.
  552         (11) “Comprehensive assessment” or “assessment” means the
  553  gathering of information for the evaluation of a juvenile
  554  offender’s or a child’s physical, psychological, educational,
  555  career and technical educational vocational, and social
  556  condition and family environment as they relate to the child’s
  557  need for rehabilitative and treatment services, including
  558  substance abuse treatment services, mental health services,
  559  developmental services, literacy services, medical services,
  560  family services, and other specialized services, as appropriate.
  561         (12) “Conditional release” means the care, treatment, help,
  562  transition-to-adulthood services, and supervision provided to a
  563  juvenile released from a residential commitment program which is
  564  intended to promote rehabilitation and prevent recidivism. The
  565  purpose of conditional release is to protect the public, reduce
  566  recidivism, increase responsible productive behavior, and
  567  provide for a successful transition of the youth from the
  568  department to his or her the family. Conditional release
  569  includes, but is not limited to, nonresidential community-based
  570  programs.
  571         (13) “Court,unless otherwise expressly stated, means the
  572  circuit court assigned to exercise jurisdiction under this
  573  chapter, unless otherwise expressly stated.
  574         (14) “Day treatment” means a nonresidential, community
  575  based program designed to provide therapeutic intervention to
  576  youth served by the department or who are placed on probation or
  577  conditional release or are committed to the minimum-risk
  578  nonresidential level. A day-treatment day treatment program may
  579  provide educational and career and technical educational
  580  vocational services and shall provide case management services;
  581  individual, group, and family counseling; training designed to
  582  address delinquency risk factors; and monitoring of a youth’s
  583  compliance with, and facilitation of a youth’s completion of,
  584  sanctions if ordered by the court. Program types may include,
  585  but are not limited to, career programs, marine programs,
  586  juvenile justice alternative schools, training and
  587  rehabilitation programs, and gender-specific programs.
  588         (15)(a) “Delinquency program” means any intake, probation,
  589  or similar program; regional detention center or facility; or
  590  community-based program, whether owned and operated by or
  591  contracted by the department, or institution-owned institution
  592  owned and operated by or contracted by the department, which
  593  provides intake, supervision, or custody and care of children
  594  who are alleged to be or who have been found to be delinquent
  595  under this chapter.
  596         (b) “Delinquency program staff” means supervisory and
  597  direct care staff of a delinquency program as well as support
  598  staff who have direct contact with children in a delinquency
  599  program.
  600         (c) “Delinquency prevention programs” means programs
  601  designed for the purpose of reducing the occurrence of
  602  delinquency, including criminal gang activity, and juvenile
  603  arrests. The term excludes arbitration, diversionary or
  604  mediation programs, and community service work or other
  605  treatment available subsequent to a child committing a
  606  delinquent act.
  607         (16) “Department” means the Department of Juvenile Justice.
  608         (17) “Designated facility” or “designated treatment
  609  facility” means any facility designated by the department to
  610  provide treatment to juvenile offenders.
  611         (18) “Detention care” means the temporary care of a child
  612  in secure or, nonsecure, or home detention, pending a court
  613  adjudication or disposition or execution of a court order. There
  614  are two three types of detention care, as follows:
  615         (a) “Secure detention” means temporary custody of the child
  616  while the child is under the physical restriction of a secure
  617  detention center or facility pending adjudication, disposition,
  618  or placement.
  619         (b) “Nonsecure detention” means temporary custody of the
  620  child while the child is in a residential home in the community
  621  in a physically nonrestrictive environment under the supervision
  622  of the Department of Juvenile Justice pending adjudication,
  623  disposition, or placement.
  624         (c) “Home detention” means temporary nonsecure detention
  625  custody of the child while the child is released to the custody
  626  of the parent, guardian, or custodian in a physically
  627  nonrestrictive environment under the supervision of the
  628  department staff pending adjudication, disposition, or
  629  placement. Forms of nonsecure detention include, but are not
  630  limited to, home detention, electronic monitoring, day-reporting
  631  centers, evening-reporting centers, and nonsecure shelters.
  632  Nonsecure detention may include other requirements imposed by
  633  the court.
  634         (19) “Detention center or facility” means a facility used
  635  pending court adjudication or disposition or execution of court
  636  order for the temporary care of a child alleged or found to have
  637  committed a violation of law. A detention center or facility
  638  provides may provide secure or nonsecure custody. A facility
  639  used for the commitment of adjudicated delinquents is shall not
  640  be considered a detention center or facility.
  641         (20) “Detention hearing” means a hearing for the court to
  642  determine if a child should be placed in temporary custody, as
  643  provided for under part V in delinquency cases.
  644         (21) “Disposition hearing” means a hearing in which the
  645  court determines the most appropriate dispositional services in
  646  the least restrictive available setting provided for under part
  647  VII, in delinquency cases.
  648         (22) “Family” means a collective of persons, consisting of
  649  a child and a parent, guardian, adult custodian, or adult
  650  relative, in which:
  651         (a) The persons reside in the same house or living unit; or
  652         (b) The parent, guardian, adult custodian, or adult
  653  relative has a legal responsibility by blood, marriage, or court
  654  order to support or care for the child.
  655         (23) “Family in need of services” has the same meaning as
  656  provided in s. 943.03 means a family that has a child for whom
  657  there is no pending investigation into an allegation of abuse,
  658  neglect, or abandonment or no current supervision by the
  659  department or the Department of Children and Family Services for
  660  an adjudication of dependency or delinquency. The child must
  661  also have been referred to a law enforcement agency or the
  662  department for:
  663         (a) Running away from parents or legal custodians;
  664         (b) Persistently disobeying reasonable and lawful demands
  665  of parents or legal custodians, and being beyond their control;
  666  or
  667         (c) Habitual truancy from school.
  668         (24) “Foster care” means care provided a child in a foster
  669  family or boarding home, group home, agency boarding home, child
  670  care institution, or any combination thereof.
  671         (25) “Habitually truant” means that:
  672         (a) The child has 15 unexcused absences within 90 calendar
  673  days with or without the knowledge or justifiable consent of the
  674  child’s parent or legal guardian, is subject to compulsory
  675  school attendance under s. 1003.21(1) and (2)(a), and is not
  676  exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
  677  specified by law or the rules of the State Board of Education.
  678         (b) Escalating activities to determine the cause, and to
  679  attempt the remediation, of the child’s truant behavior under
  680  ss. 1003.26 and 1003.27 have been completed.
  681  
  682  If a child who is subject to compulsory school attendance is
  683  responsive to the interventions described in ss. 1003.26 and
  684  1003.27 and has completed the necessary requirements to pass the
  685  current grade as indicated in the district pupil progression
  686  plan, the child shall not be determined to be habitually truant
  687  and shall be passed. If a child within the compulsory school
  688  attendance age has 15 unexcused absences within 90 calendar days
  689  or fails to enroll in school, the state attorney may file a
  690  child-in-need-of-services petition. Before filing a petition,
  691  the child must be referred to the appropriate agency for
  692  evaluation. After consulting with the evaluating agency, the
  693  state attorney may elect to file a child-in-need-of-services
  694  petition.
  695         (c) A school representative, designated according to school
  696  board policy, and a juvenile probation officer of the department
  697  have jointly investigated the truancy problem or, if that was
  698  not feasible, have performed separate investigations to identify
  699  conditions that could be contributing to the truant behavior;
  700  and if, after a joint staffing of the case to determine the
  701  necessity for services, such services were determined to be
  702  needed, the persons who performed the investigations met jointly
  703  with the family and child to discuss any referral to appropriate
  704  community agencies for economic services, family or individual
  705  counseling, or other services required to remedy the conditions
  706  that are contributing to the truant behavior.
  707         (d) The failure or refusal of the parent or legal guardian
  708  or the child to participate, or make a good faith effort to
  709  participate, in the activities prescribed to remedy the truant
  710  behavior, or the failure or refusal of the child to return to
  711  school after participation in activities required by this
  712  subsection, or the failure of the child to stop the truant
  713  behavior after the school administration and the department have
  714  worked with the child as described in s. 1003.27(3) shall be
  715  handled as prescribed in s. 1003.27.
  716         (26) “Halfway house” means a community-based residential
  717  program for 10 or more committed delinquents at the moderate
  718  risk commitment level which is operated or contracted by the
  719  department.
  720         (24)(27) “Intake” means the initial acceptance and
  721  screening by the department or juvenile assessment center
  722  personnel of a complaint or a law enforcement report or probable
  723  cause affidavit of delinquency, family in need of services, or
  724  child in need of services to determine the recommendation to be
  725  taken in the best interests of the child, the family, and the
  726  community. The emphasis of intake is on diversion and the least
  727  restrictive available services and. Consequently, intake
  728  includes such alternatives such as:
  729         (a) The disposition of the complaint, report, or probable
  730  cause affidavit without court or public agency action or
  731  judicial handling, if when appropriate.
  732         (b) The referral of the child to another public or private
  733  agency, if when appropriate.
  734         (c) The recommendation by the department juvenile probation
  735  officer of judicial handling, if when appropriate and warranted.
  736         (25)(28) “Judge” means the circuit judge exercising
  737  jurisdiction pursuant to this chapter.
  738         (26)(29) “Juvenile justice continuum” includes, but is not
  739  limited to, delinquency prevention programs and services
  740  designed for the purpose of preventing or reducing delinquent
  741  acts, including criminal activity by criminal gangs, and
  742  juvenile arrests, as well as programs and services targeted at
  743  children who have committed delinquent acts, and children who
  744  have previously been committed to residential treatment programs
  745  for delinquents. The term includes children-in-need-of-services
  746  and families-in-need-of-services programs under chapter 984;
  747  conditional release; substance abuse and mental health programs;
  748  educational and career programs; recreational programs;
  749  community services programs; community service work programs;
  750  mother-infant programs; and alternative dispute resolution
  751  programs serving children at risk of delinquency and their
  752  families, whether offered or delivered by state or local
  753  governmental entities, public or private for-profit or not-for
  754  profit organizations, or religious or charitable organizations.
  755         (27)(30) “Juvenile probation officer” means the authorized
  756  agent of the department who performs the intake, case
  757  management, or supervision functions.
  758         (28)(31) “Legal custody or guardian” means a legal status
  759  created by court order or letter of guardianship which vests in
  760  a custodian of the person or guardian, whether an agency or an
  761  individual, the right to have physical custody of the child and
  762  the right and duty to protect, train, and discipline the child
  763  and to provide him or her with food, shelter, education, and
  764  ordinary medical, dental, psychiatric, and psychological care.
  765         (29)(32) “Licensed child-caring agency” means a person,
  766  society, association, or agency licensed by the Department of
  767  Children and Families Family Services to care for, receive, and
  768  board children.
  769         (30)(33) “Licensed health care professional” means a
  770  physician licensed under chapter 458, an osteopathic physician
  771  licensed under chapter 459, a nurse licensed under part I of
  772  chapter 464, a physician assistant licensed under chapter 458 or
  773  chapter 459, or a dentist licensed under chapter 466.
  774         (31)(34) “Likely to injure oneself” means that, as
  775  evidenced by violent or other actively self-destructive
  776  behavior, it is more likely than not that within a 24-hour
  777  period the child will attempt to commit suicide or inflict
  778  serious bodily harm on himself or herself.
  779         (32)(35) “Likely to injure others” means that it is more
  780  likely than not that within a 24-hour period the child will
  781  inflict serious and unjustified bodily harm on another person.
  782         (33)(36) “Mediation” means a process whereby a neutral
  783  third person called a mediator acts to encourage and facilitate
  784  the resolution of a dispute between two or more parties. It is
  785  an informal and nonadversarial process with the objective of
  786  helping the disputing parties reach a mutually acceptable and
  787  voluntary agreement. In mediation, decisionmaking authority
  788  rests with the parties. The role of the mediator includes, but
  789  is not limited to, assisting the parties in identifying issues,
  790  fostering joint problem solving, and exploring settlement
  791  alternatives.
  792         (34)(37) “Mother-infant program” means a residential
  793  program designed to serve the needs of juvenile mothers or
  794  expectant juvenile mothers who are committed as delinquents,
  795  which is operated or contracted by the department. A mother
  796  infant program facility must be licensed as a child care
  797  facility under s. 402.308 and must provide the services and
  798  support necessary to enable each juvenile mother committed to
  799  the facility to provide for the needs of her infant infants who,
  800  upon agreement of the mother, may accompany her in the program.
  801         (35)(38) “Necessary medical treatment” means care that
  802  which is necessary within a reasonable degree of medical
  803  certainty to prevent the deterioration of a child’s condition or
  804  to alleviate immediate pain of a child.
  805         (36)(39) “Next of kin” means an adult relative of a child
  806  who is the child’s brother, sister, grandparent, aunt, uncle, or
  807  first cousin.
  808         (37)(40) “Ordinary medical care” means medical procedures
  809  that are administered or performed on a routine basis and
  810  includes, but is include, but are not limited to, inoculations,
  811  physical examinations, remedial treatment for minor illnesses
  812  and injuries, preventive services, medication management,
  813  chronic disease detection and treatment, and other medical
  814  procedures that are administered or performed on a routine basis
  815  and that do not involve hospitalization, surgery, the use of
  816  general anesthesia, or the provision of psychotropic
  817  medications.
  818         (38)(41) “Parent” means a woman who gives birth to a child
  819  and a man whose consent to the adoption of the child would be
  820  required under s. 63.062(1). If a child has been legally
  821  adopted, the term “parent” means the adoptive mother or father
  822  of the child. The term does not include an individual whose
  823  parental relationship to a the child has been legally
  824  terminated, or an alleged or prospective parent, unless the
  825  parental status falls within the terms of either s. 39.503(1) or
  826  s. 63.062(1).
  827         (39)(42) “Preliminary screening” means the gathering of
  828  preliminary information to be used in determining a child’s need
  829  for further evaluation or assessment or for referral for other
  830  substance abuse services through means such as psychosocial
  831  interviews,; urine and breathalyzer screenings,; and reviews of
  832  available educational, delinquency, and dependency records of
  833  the child.
  834         (40) “Prevention” means programs, strategies, initiatives,
  835  and networks designed to keep children from making initial or
  836  further contact with the juvenile justice system.
  837         (43) “Preventive services” means social services and other
  838  supportive and rehabilitative services provided to the parent of
  839  the child, the legal guardian of the child, or the custodian of
  840  the child and to the child for the purpose of averting the
  841  removal of the child from the home or disruption of a family
  842  which will or could result in the placement of a child in foster
  843  care. Social services and other supportive and rehabilitative
  844  services shall promote the child’s need for a safe, continuous,
  845  stable living environment and shall promote family autonomy and
  846  shall strengthen family life as the first priority whenever
  847  possible.
  848         (41)(44) “Probation” means the legal status of probation
  849  created by law and court order in cases involving a child who
  850  has been found to have committed a delinquent act. Probation is
  851  an individualized program in which the freedom of the child is
  852  limited and the child is restricted to noninstitutional quarters
  853  or restricted to the child’s home in lieu of commitment to the
  854  custody of the department. Youth on probation may be assessed
  855  and classified for placement in day-treatment probation programs
  856  designed for youth who represent a minimum risk to themselves
  857  and public safety and who do not require placement and services
  858  in a residential setting.
  859         (42)(45) “Relative” means a grandparent, great-grandparent,
  860  sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
  861  niece, or nephew, whether related by the whole or half blood, by
  862  affinity, or by adoption. The term does not include a
  863  stepparent.
  864         (43)(46) “Restrictiveness level” means the level of
  865  programming and security provided by programs that service the
  866  supervision, custody, care, and treatment needs of committed
  867  children. Sections 985.601(10) and 985.721 apply to children
  868  placed in programs at any residential commitment level. The
  869  restrictiveness levels of commitment are as follows:
  870         (a) Minimum-risk nonresidential.—Programs or program models
  871  at this commitment level work with youth who remain in the
  872  community and participate at least 5 days per week in a day
  873  treatment day treatment program. Youth assessed and classified
  874  for programs at this commitment level represent a minimum risk
  875  to themselves and public safety and do not require placement and
  876  services in residential settings. Youth in this level have full
  877  access to, and reside in, the community. Youth who have been
  878  found to have committed delinquent acts that involve firearms,
  879  that are sexual offenses, or that would be life felonies or
  880  first-degree first degree felonies if committed by an adult may
  881  not be committed to a program at this level.
  882         (b) Low-risk residential.—Programs or program models at
  883  this commitment level are residential but may allow youth to
  884  have unsupervised access to the community. Residential
  885  facilities shall have no more than 165 beds each, including
  886  campus-style programs, unless those campus-style programs
  887  include more than one level of restrictiveness, provide
  888  multilevel education and treatment programs using different
  889  treatment protocols, and have facilities that coexist separately
  890  in distinct locations on the same property. Youth assessed and
  891  classified for placement in programs at this commitment level
  892  represent a low risk to themselves and public safety but do
  893  require placement and services in residential settings. Children
  894  who have been found to have committed delinquent acts that
  895  involve firearms, delinquent acts that are sexual offenses, or
  896  delinquent acts that would be life felonies or first degree
  897  felonies if committed by an adult shall not be committed to a
  898  program at this level.
  899         (b)(c)Nonsecure Moderate-risk residential.—Programs or
  900  program models at this commitment level are residential but may
  901  allow youth to have supervised access to the community.
  902  Facilities at this commitment level are either environmentally
  903  secure or, staff secure, or are hardware secure hardware-secure
  904  with walls, fencing, or locking doors. Residential facilities at
  905  this commitment level may shall have up to 90 no more than 165
  906  beds each, including campus-style programs, unless those campus
  907  style programs include more than one level of restrictiveness,
  908  provide multilevel education and treatment program programs
  909  using different treatment protocols, and have facilities that
  910  coexist separately in distinct locations on the same property.
  911  Facilities at this commitment level shall provide 24-hour awake
  912  supervision, custody, care, and treatment of residents. Youth
  913  assessed and classified for placement in programs at this
  914  commitment level represent a low or moderate risk to public
  915  safety and require close supervision. The staff at a facility at
  916  this commitment level may seclude a child who is a physical
  917  threat to himself, or herself, or others. Mechanical restraint
  918  may also be used when necessary.
  919         (c)(d)High-risk residential.—Programs or program models at
  920  this commitment level are residential and do not allow youth to
  921  have access to the community, except that temporary release
  922  providing community access for up to 72 continuous hours may be
  923  approved by a court for a youth who has made successful progress
  924  in his or her program so that in order for the youth may respond
  925  to attend a family emergency or, during the final 60 days of his
  926  or her placement, to visit his or her home, enroll in school or
  927  a career and technical education vocational program, complete a
  928  job interview, or participate in a community service project.
  929  High-risk residential facilities are hardware secure hardware
  930  secure with perimeter fencing and locking doors. Residential
  931  facilities at this commitment level may shall have up to 90 no
  932  more than 165 beds each, including campus-style programs, unless
  933  those campus-style programs include more than one level of
  934  restrictiveness, provide multilevel education and treatment
  935  program programs using different treatment protocols, and have
  936  facilities that coexist separately in distinct locations on the
  937  same property. Facilities at this commitment level shall provide
  938  24-hour awake supervision, custody, care, and treatment of
  939  residents. Youth assessed and classified for this level of
  940  placement require close supervision in a structured residential
  941  setting. Placement in programs at this level is prompted by a
  942  concern for public safety which that outweighs placement in
  943  programs at lower commitment levels. The staff at a facility at
  944  this commitment level may seclude a child who is a physical
  945  threat to himself, or herself, or others. Mechanical restraint
  946  may also be used when necessary. The facility may provide for
  947  single cell occupancy, except that youth may be housed together
  948  during prerelease transition.
  949         (d)(e)Maximum-risk residential.—Programs or program models
  950  at this commitment level include juvenile correctional
  951  facilities and juvenile prisons. The programs at this commitment
  952  level are long-term residential and do not allow youth to have
  953  access to the community. Facilities at this commitment level are
  954  maximum-custody and hardware secure, hardware-secure with
  955  perimeter security fencing and locking doors. Residential
  956  facilities at this commitment level may shall have up to 90 no
  957  more than 165 beds each, including campus-style programs, unless
  958  those campus-style programs include more than one level of
  959  restrictiveness, provide multilevel education and treatment
  960  program programs using different treatment protocols, and have
  961  facilities that coexist separately in distinct locations on the
  962  same property. Facilities at this commitment level shall provide
  963  24-hour awake supervision, custody, care, and treatment of
  964  residents. The staff at a facility at this commitment level may
  965  seclude a child who is a physical threat to himself, or herself,
  966  or others. Mechanical restraint may also be used when necessary.
  967  Facilities at this commitment level The facility shall provide
  968  for single cell occupancy, except that youth may be housed
  969  together during prerelease transition. Youth assessed and
  970  classified for this level of placement require close supervision
  971  in a maximum security residential setting. Placement in a
  972  program at this level is prompted by a demonstrated need to
  973  protect the public.
  974         (44)(47) “Respite” means a placement that is available for
  975  the care, custody, and placement of a youth charged with
  976  domestic violence as an alternative to secure detention or for
  977  placement of a youth when a shelter bed for a child in need of
  978  services or a family in need of services is unavailable.
  979         (45)(48) “Secure detention center or facility” means a
  980  physically restricting facility for the temporary care of
  981  children, pending adjudication, disposition, or placement.
  982         (46)(49) “Shelter” means a place for the temporary care of
  983  a child who is alleged to be or who has been found to be
  984  delinquent.
  985         (50) “Shelter hearing” means a hearing provided for under
  986  s. 984.14 in family-in-need-of-services cases or child-in-need
  987  of-services cases.
  988         (51) “Staff-secure shelter” means a facility in which a
  989  child is supervised 24 hours a day by staff members who are
  990  awake while on duty. The facility is for the temporary care and
  991  assessment of a child who has been found to be dependent, who
  992  has violated a court order and been found in contempt of court,
  993  or whom the Department of Children and Family Services is unable
  994  to properly assess or place for assistance within the continuum
  995  of services provided for dependent children.
  996         (47)(52) “Substance abuse” means using, without medical
  997  reason, any psychoactive or mood-altering drug, including
  998  alcohol, in such a manner as to induce impairment resulting in
  999  dysfunctional social behavior.
 1000         (48)(53) “Taken into custody” means the status of a child
 1001  immediately when temporary physical control over the child is
 1002  attained by a person authorized by law, pending the child’s
 1003  release, detention, placement, or other disposition as
 1004  authorized by law.
 1005         (49)(54) “Temporary legal custody” means the relationship
 1006  that a juvenile court creates between a child and an adult
 1007  relative of the child, adult nonrelative approved by the court,
 1008  or other person until a more permanent arrangement is ordered.
 1009  Temporary legal custody confers upon the custodian the right to
 1010  have temporary physical custody of the child and the right and
 1011  duty to protect, train, and discipline the child and to provide
 1012  the child with food, shelter, and education, and ordinary
 1013  medical, dental, psychiatric, and psychological care, unless
 1014  these rights and duties are otherwise enlarged or limited by the
 1015  court order establishing the temporary legal custody
 1016  relationship.
 1017         (50)(55) “Temporary release” means the terms and conditions
 1018  under which a child is temporarily released from a residential
 1019  commitment facility or allowed home visits. If the temporary
 1020  release is from a nonsecure moderate-risk residential facility,
 1021  a high-risk residential facility, or a maximum-risk residential
 1022  facility, the terms and conditions of the temporary release must
 1023  be approved by the child, the court, and the facility. The term
 1024  includes periods during which the child is supervised pursuant
 1025  to a conditional release program or a period during which the
 1026  child is supervised by a juvenile probation officer or other
 1027  nonresidential staff of the department or staff employed by an
 1028  entity under contract with the department.
 1029         (51)(56) “Transition-to-adulthood services” means services
 1030  that are provided for youth in the custody of the department or
 1031  under the supervision of the department and that have the
 1032  objective of instilling the knowledge, skills, and aptitudes
 1033  essential to a socially integrated, self-supporting adult life.
 1034  The services may include, but are not limited to:
 1035         (a) Assessment of the youth’s ability and readiness for
 1036  adult life.
 1037         (b) A plan for the youth to acquire the knowledge,
 1038  information, and counseling necessary to make a successful
 1039  transition to adulthood.
 1040         (c) Services that have proven effective toward achieving
 1041  the transition to adulthood.
 1042         (52) “Trauma-informed care” means the provision of services
 1043  to children with a history of trauma in a manner that recognizes
 1044  the symptoms and acknowledges the role the trauma has played in
 1045  the child’s life. Trauma may include, but is not limited to,
 1046  community and school violence, physical or sexual abuse,
 1047  neglect, medical difficulties, and domestic violence.
 1048         (53)(57) “Violation of law” or “delinquent act” means a
 1049  violation of any law of this state, the United States, or any
 1050  other state which is a misdemeanor or a felony or a violation of
 1051  a county or municipal ordinance which would be punishable by
 1052  incarceration if the violation were committed by an adult.
 1053         (54)(58) “Waiver hearing” means a hearing provided for
 1054  under s. 985.556(4).
 1055         Section 4. Subsections (4) and (5) of section 985.0301,
 1056  Florida Statutes, are amended to read:
 1057         985.0301 Jurisdiction.—
 1058         (4)(a) Petitions alleging delinquency shall be filed in the
 1059  county where the delinquent act or violation of law occurred.,
 1060  but The circuit court for that county may transfer the case to
 1061  the circuit court of the circuit in which the child resides or
 1062  will reside at the time of detention or placement for
 1063  dispositional purposes. A child who has been detained may shall
 1064  be transferred to the appropriate detention center or facility
 1065  in the circuit in which the child resides or will reside at the
 1066  time of detention or other placement directed by the receiving
 1067  court.
 1068         (b) The jurisdiction to be exercised by the court when a
 1069  child is taken into custody before the filing of a petition
 1070  under subsection (2) shall be exercised by the circuit court for
 1071  the county in which the child is taken into custody, and such
 1072  court has which court shall have personal jurisdiction of the
 1073  child and the child’s parent or legal guardian. If the child has
 1074  been detained, upon the filing of a petition in the appropriate
 1075  circuit court, the court that is exercising initial personal
 1076  jurisdiction of the person of the child shall, if the child has
 1077  been detained, immediately order the child to be transferred to
 1078  the detention center or facility or other placement as ordered
 1079  by the court having subject matter jurisdiction of the case.
 1080         (5)(a) Notwithstanding s. 743.07, ss. 743.07, 985.43,
 1081  985.433, 985.435, 985.439, and 985.441, and except as provided
 1082  in paragraphs (b) and (c) ss. 985.461 and 985.465 and paragraph
 1083  (f), when the jurisdiction of a any child who is alleged to have
 1084  committed a delinquent act or violation of law is obtained, the
 1085  court retains shall retain jurisdiction to dispose the case,
 1086  unless relinquished by its order, until the child reaches 19
 1087  years of age, with the same power over the child which the court
 1088  had before the child became an adult. For the purposes of s.
 1089  985.461, the court may retain jurisdiction for an additional 365
 1090  days following the child’s 19th birthday if the child is
 1091  participating in transition-to-adulthood services. The
 1092  additional services do not extend involuntary court-sanctioned
 1093  residential commitment and therefore require voluntary
 1094  participation by the affected youth.
 1095         (b) Unless relinquished by its own order, the court retains
 1096  jurisdiction over a child on probation until the child reaches
 1097  19 years of age Notwithstanding ss. 743.07 and 985.455(3), the
 1098  term of any order placing a child in a probation program must be
 1099  until the child’s 19th birthday unless he or she is released by
 1100  the court on the motion of an interested party or on his or her
 1101  own motion.
 1102         (c) Unless relinquished by its own order, the court retains
 1103  jurisdiction over a child committed to the department until the
 1104  child reaches 21 years of age, specifically for the purpose of
 1105  allowing the child to complete the department’s commitment
 1106  program, including conditional release supervision.
 1107         (d) The court retains jurisdiction over a juvenile sex
 1108  offender as defined in s. 985.475 who has been placed in a
 1109  community-based treatment alternative program with supervision
 1110  or in a program or facility for juvenile sex offenders pursuant
 1111  to s. 985.48 until the juvenile sex offender reaches 21 years of
 1112  age, specifically for the purpose of completing the program.
 1113         (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
 1114  the commitment must be until the child is discharged by the
 1115  department or until he or she reaches the age of 21 years.
 1116  Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
 1117  985.455, and 985.513, and except as provided in this section, a
 1118  child may not be held under a commitment from a court under s.
 1119  985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
 1120  21 years of age.
 1121         (d) The court may retain jurisdiction over a child
 1122  committed to the department for placement in a juvenile prison
 1123  or in a high-risk or maximum-risk residential commitment program
 1124  to allow the child to participate in a juvenile conditional
 1125  release program pursuant to s. 985.46. The jurisdiction of the
 1126  court may not be retained after the child’s 22nd birthday.
 1127  However, if the child is not successful in the conditional
 1128  release program, the department may use the transfer procedure
 1129  under s. 985.441(4).
 1130         (e) The court may retain jurisdiction over a child
 1131  committed to the department for placement in an intensive
 1132  residential treatment program for 10-year-old to 13-year-old
 1133  offenders, in the residential commitment program in a juvenile
 1134  prison or in a residential sex offender program until the child
 1135  reaches the age of 21. If the court exercises this jurisdiction
 1136  retention, it shall do so solely for the purpose of the child
 1137  completing the intensive residential treatment program for 10
 1138  year-old to 13-year-old offenders, in the residential commitment
 1139  program in a juvenile prison, or in a residential sex offender
 1140  program. Such jurisdiction retention does not apply for other
 1141  programs, other purposes, or new offenses.
 1142         (f) The court may retain jurisdiction over a child
 1143  committed to a juvenile correctional facility or a juvenile
 1144  prison until the child reaches the age of 21 years, specifically
 1145  for the purpose of allowing the child to complete such program.
 1146         (g) The court may retain jurisdiction over a juvenile
 1147  sexual offender who has been placed in a program or facility for
 1148  juvenile sexual offenders until the juvenile sexual offender
 1149  reaches the age of 21, specifically for the purpose of
 1150  completing the program.
 1151         (e)(h) The court may retain jurisdiction over a child and
 1152  the child’s parent or legal guardian whom the court has ordered
 1153  to pay restitution until the restitution order is satisfied. To
 1154  retain jurisdiction, the court shall enter a restitution order,
 1155  which is separate from any disposition or order of commitment,
 1156  on or before prior to the date that the court’s jurisdiction
 1157  would cease under this section. The contents of the restitution
 1158  order are shall be limited to the child’s name and address, the
 1159  name and address of the parent or legal guardian, the name and
 1160  address of the payee, the case number, the date and amount of
 1161  restitution ordered, any amount of restitution paid, the amount
 1162  of restitution due and owing, and a notation that costs,
 1163  interest, penalties, and attorney fees may also be due and
 1164  owing. The terms of the restitution order are subject to s.
 1165  775.089(5).
 1166         (f)(i) This subsection does not prevent the exercise of
 1167  jurisdiction by any court having jurisdiction of the child if
 1168  the child, after becoming an adult, commits a violation of law.
 1169         Section 5. Subsections (2) and (4) of section 985.037,
 1170  Florida Statutes, are amended to read:
 1171         985.037 Punishment for contempt of court; alternative
 1172  sanctions.—
 1173         (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
 1174  be placed in a secure detention facility for purposes of
 1175  punishment for contempt of court if alternative sanctions are
 1176  unavailable or inappropriate, or if the child has already been
 1177  ordered to serve an alternative sanction but failed to comply
 1178  with the sanction. A delinquent child who has been held in
 1179  direct or indirect contempt may be placed in a secure detention
 1180  facility for up to not to exceed 5 days for a first offense and
 1181  up to not to exceed 15 days for a second or subsequent offense.
 1182         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 1183  PROCESS.—
 1184         (a) If a child is charged with direct contempt of court,
 1185  including traffic court, the court may impose an authorized
 1186  sanction immediately. The court must hold a hearing to determine
 1187  if the child committed direct contempt. Due process must be
 1188  afforded to the child during such hearing.
 1189         (b) If a child is charged with indirect contempt of court,
 1190  the court must hold a hearing within 24 hours to determine
 1191  whether the child committed indirect contempt of a valid court
 1192  order. At the hearing, the following due process rights must be
 1193  provided to the child:
 1194         1. Right to a copy of the order to show cause alleging
 1195  facts supporting the contempt charge.
 1196         2. Right to an explanation of the nature and the
 1197  consequences of the proceedings.
 1198         3. Right to legal counsel and the right to have legal
 1199  counsel appointed by the court if the juvenile is indigent,
 1200  under s. 985.033.
 1201         4. Right to confront witnesses.
 1202         5. Right to present witnesses.
 1203         6. Right to have a transcript or record of the proceeding.
 1204         7. Right to appeal to an appropriate court.
 1205  
 1206  The child’s parent or guardian may address the court regarding
 1207  the due process rights of the child. Upon motion by the defense
 1208  or state attorney, the court shall review the placement of the
 1209  child every 72 hours to determine whether it is appropriate for
 1210  the child to remain in the facility.
 1211         (c) The court may not order that a child be placed in a
 1212  secure detention facility as for punishment for contempt unless
 1213  the court determines that an alternative sanction is
 1214  inappropriate or unavailable or that the child was initially
 1215  ordered to an alternative sanction and did not comply with the
 1216  alternative sanction. The court is encouraged to order a child
 1217  to perform community service, up to the maximum number of hours,
 1218  if where appropriate before ordering that the child be placed in
 1219  a secure detention facility as punishment for contempt of court.
 1220         (d) In addition to any other sanction imposed under this
 1221  section, the court may direct the Department of Highway Safety
 1222  and Motor Vehicles to withhold issuance of, or suspend, a
 1223  child’s driver driver’s license or driving privilege. The court
 1224  may order that a child’s driver driver’s license or driving
 1225  privilege be withheld or suspended for up to 1 year for a first
 1226  offense of contempt and up to 2 years for a second or subsequent
 1227  offense. If the child’s driver driver’s license or driving
 1228  privilege is suspended or revoked for any reason at the time the
 1229  sanction for contempt is imposed, the court shall extend the
 1230  period of suspension or revocation by the additional period
 1231  ordered under this paragraph. If the child’s driver driver’s
 1232  license is being withheld at the time the sanction for contempt
 1233  is imposed, the period of suspension or revocation ordered under
 1234  this paragraph shall begin on the date on which the child is
 1235  otherwise eligible to drive.
 1236         Section 6. Section 985.105, Florida Statutes, is repealed.
 1237         Section 7. Subsection (1) of section 985.11, Florida
 1238  Statutes, is amended to read:
 1239         985.11 Fingerprinting and photographing.—
 1240         (1)(a) A child who is charged with or found to have
 1241  committed an offense that would be a felony if committed by an
 1242  adult shall be fingerprinted, and the fingerprints shall must be
 1243  submitted to the Department of Law Enforcement as provided in s.
 1244  943.051(3)(a).
 1245         (b) Unless the child is issued a civil citation or
 1246  participating in a similar diversion program pursuant to s.
 1247  985.12, a child who is charged with or found to have committed
 1248  one of the following offenses shall be fingerprinted, and the
 1249  fingerprints shall be submitted to the Department of Law
 1250  Enforcement as provided in s. 943.051(3)(b):
 1251         1. Assault, as defined in s. 784.011.
 1252         2. Battery, as defined in s. 784.03.
 1253         3. Carrying a concealed weapon, as defined in s. 790.01(1).
 1254         4. Unlawful use of destructive devices or bombs, as defined
 1255  in s. 790.1615(1).
 1256         5. Neglect of a child, as defined in s. 827.03(1)(e).
 1257         6. Assault on a law enforcement officer, a firefighter, or
 1258  other specified officers, as defined in s. 784.07(2)(a).
 1259         7. Open carrying of a weapon, as defined in s. 790.053.
 1260         8. Exposure of sexual organs, as defined in s. 800.03.
 1261         9. Unlawful possession of a firearm, as defined in s.
 1262  790.22(5).
 1263         10. Petit theft, as defined in s. 812.014.
 1264         11. Cruelty to animals, as defined in s. 828.12(1).
 1265         12. Arson, resulting in bodily harm to a firefighter, as
 1266  defined in s. 806.031(1).
 1267         13. Unlawful possession or discharge of a weapon or firearm
 1268  at a school-sponsored event or on school property as defined in
 1269  s. 790.115.
 1270  
 1271  A law enforcement agency may fingerprint and photograph a child
 1272  taken into custody upon probable cause that such child has
 1273  committed any other violation of law, as the agency deems
 1274  appropriate. Such fingerprint records and photographs shall be
 1275  retained by the law enforcement agency in a separate file, and
 1276  these records and all copies thereof must be marked “Juvenile
 1277  Confidential.” These records are not available for public
 1278  disclosure and inspection under s. 119.07(1) except as provided
 1279  in ss. 943.053 and 985.04(2), but are shall be available to
 1280  other law enforcement agencies, criminal justice agencies, state
 1281  attorneys, the courts, the child, the parents or legal
 1282  custodians of the child, their attorneys, and any other person
 1283  authorized by the court to have access to such records. In
 1284  addition, such records may be submitted to the Department of Law
 1285  Enforcement for inclusion in the state criminal history records
 1286  and used by criminal justice agencies for criminal justice
 1287  purposes. These records may, in the discretion of the court, be
 1288  open to inspection by anyone upon a showing of cause. The
 1289  fingerprint and photograph records shall be produced in the
 1290  court whenever directed by the court. Any photograph taken
 1291  pursuant to this section may be shown by a law enforcement
 1292  officer to any victim or witness of a crime for the purpose of
 1293  identifying the person who committed such crime.
 1294         (c) The court is shall be responsible for the
 1295  fingerprinting of a any child at the disposition hearing if the
 1296  child has been adjudicated or had adjudication withheld for any
 1297  felony in the case currently before the court.
 1298         Section 8. Subsection (2) of section 985.14, Florida
 1299  Statutes, is amended to read:
 1300         985.14 Intake and case management system.—
 1301         (2) The intake process shall be performed by the department
 1302  or juvenile assessment center personnel through a case
 1303  management system. The purpose of the intake process is to
 1304  assess the child’s needs and risks and to determine the most
 1305  appropriate treatment plan and setting for the child’s
 1306  programmatic needs and risks. The intake process consists of an
 1307  initial assessment and may be followed by a full mental health,
 1308  substance abuse, or psychosexual evaluation. The intake process
 1309  shall result in choosing the most appropriate services through a
 1310  balancing of the interests and needs of the child with those of
 1311  the family and the community public. The juvenile probation
 1312  officer shall make be responsible for making informed decisions
 1313  and recommendations to other agencies, the state attorney, and
 1314  the courts so that the child and family may receive the least
 1315  intrusive service alternative throughout the judicial process.
 1316  The department shall establish uniform procedures through which
 1317  for the juvenile probation officer may to provide a preliminary
 1318  screening of the child and family for substance abuse and mental
 1319  health services before prior to the filing of a petition or as
 1320  soon as possible thereafter and before prior to a disposition
 1321  hearing.
 1322         Section 9. Section 985.145, Florida Statutes, is amended to
 1323  read:
 1324         985.145 Responsibilities of the department juvenile
 1325  probation officer during intake; screenings and assessments.—
 1326         (1) The department juvenile probation officer shall serve
 1327  as the primary case manager for the purpose of managing,
 1328  coordinating, and monitoring the services provided to the child.
 1329  Each program administrator within the Department of Children and
 1330  Families Family Services shall cooperate with the primary case
 1331  manager in carrying out the duties and responsibilities
 1332  described in this section. In addition to duties specified in
 1333  other sections and through departmental rules, the department
 1334  assigned juvenile probation officer shall be responsible for the
 1335  following:
 1336         (a) Reviewing probable cause affidavit.—The department
 1337  juvenile probation officer shall make a preliminary
 1338  determination as to whether the report, affidavit, or complaint
 1339  is complete, consulting with the state attorney as may be
 1340  necessary. A report, affidavit, or complaint alleging that a
 1341  child has committed a delinquent act or violation of law shall
 1342  be made to the intake office operating in the county in which
 1343  the child is found or in which the delinquent act or violation
 1344  of law occurred. Any person or agency having knowledge of the
 1345  facts may make such a written report, affidavit, or complaint
 1346  and shall furnish to the intake office facts sufficient to
 1347  establish the jurisdiction of the court and to support a finding
 1348  by the court that the child has committed a delinquent act or
 1349  violation of law.
 1350         (b) Notification concerning apparent insufficiencies in
 1351  probable cause affidavit.—In any case where the department
 1352  juvenile probation officer or the state attorney finds that the
 1353  report, affidavit, or complaint is insufficient by the standards
 1354  for a probable cause affidavit, the department juvenile
 1355  probation officer or state attorney shall return the report,
 1356  affidavit, or complaint, without delay, to the person or agency
 1357  originating the report, affidavit, or complaint or having
 1358  knowledge of the facts or to the appropriate law enforcement
 1359  agency having investigative jurisdiction of the offense, and
 1360  shall request, and the person or agency shall promptly furnish,
 1361  additional information in order to comply with the standards for
 1362  a probable cause affidavit.
 1363         (c) Screening.—During the intake process, the department
 1364  juvenile probation officer shall screen each child or shall
 1365  cause each child to be screened in order to determine:
 1366         1. Appropriateness for release; referral to a diversionary
 1367  program, including, but not limited to, a teen court program;
 1368  referral for community arbitration; or referral to some other
 1369  program or agency for the purpose of nonofficial or nonjudicial
 1370  handling.
 1371         2. The presence of medical, psychiatric, psychological,
 1372  substance abuse, educational, or career and technical education
 1373  vocational problems, or other conditions that may have caused
 1374  the child to come to the attention of law enforcement or the
 1375  department. The child shall also be screened to determine
 1376  whether the child poses a danger to himself or herself or others
 1377  in the community. The results of this screening shall be made
 1378  available to the court and to court officers. In cases where
 1379  such conditions are identified and a nonjudicial handling of the
 1380  case is chosen, the department juvenile probation officer shall
 1381  attempt to refer the child to a program or agency, together with
 1382  all available and relevant assessment information concerning the
 1383  child’s precipitating condition.
 1384         (d) Completing risk assessment instrument.—The department
 1385  juvenile probation officer shall ensure that a risk assessment
 1386  instrument establishing the child’s eligibility for detention
 1387  has been accurately completed and that the appropriate
 1388  recommendation was made to the court.
 1389         (e) Rights.—The department juvenile probation officer shall
 1390  inquire as to whether the child understands his or her rights to
 1391  counsel and against self-incrimination.
 1392         (f) Multidisciplinary assessment.—The department juvenile
 1393  probation officer shall coordinate the multidisciplinary
 1394  assessment when required, which includes the classification and
 1395  placement process that determines the child’s priority needs,
 1396  risk classification, and treatment plan. If When sufficient
 1397  evidence exists to warrant a comprehensive assessment and the
 1398  child fails to voluntarily participate in the assessment
 1399  efforts, the department juvenile probation officer shall inform
 1400  the court of the need for the assessment and the refusal of the
 1401  child to participate in such assessment. This assessment,
 1402  classification, and placement process shall develop into the
 1403  predisposition report.
 1404         (g) Comprehensive assessment.The juvenile probation
 1405  officer, Pursuant to uniform procedures established by the
 1406  department and upon determining that the report, affidavit, or
 1407  complaint is complete, the department shall:
 1408         1. Perform the preliminary screening and make referrals for
 1409  a comprehensive assessment regarding the child’s need for
 1410  substance abuse treatment services, mental health services,
 1411  intellectual disability services, literacy services, or other
 1412  educational or treatment services.
 1413         2. If indicated by the preliminary screening, provide for a
 1414  comprehensive assessment of the child and family for substance
 1415  abuse problems, using community-based licensed programs with
 1416  clinical expertise and experience in the assessment of substance
 1417  abuse problems.
 1418         3. If indicated by the preliminary screening, provide for a
 1419  comprehensive assessment of the child and family for mental
 1420  health problems, using community-based psychologists,
 1421  psychiatrists, or other licensed mental health professionals who
 1422  have clinical expertise and experience in the assessment of
 1423  mental health problems.
 1424         (h) Referrals for services.—The department juvenile
 1425  probation officer shall make recommendations for services and
 1426  facilitate the delivery of those services to the child,
 1427  including any mental health services, educational services,
 1428  family counseling services, family assistance services, and
 1429  substance abuse services.
 1430         (i) Recommendation concerning a petition.—Upon determining
 1431  that the report, affidavit, or complaint complies with the
 1432  standards of a probable cause affidavit and that the interests
 1433  of the child and the public will be best served, the department
 1434  juvenile probation officer may recommend that a delinquency
 1435  petition not be filed. If such a recommendation is made, the
 1436  department juvenile probation officer shall advise in writing
 1437  the person or agency making the report, affidavit, or complaint,
 1438  the victim, if any, and the law enforcement agency having
 1439  investigative jurisdiction over the offense of the
 1440  recommendation; the reasons therefor; and that the person or
 1441  agency may submit, within 10 days after the receipt of such
 1442  notice, the report, affidavit, or complaint to the state
 1443  attorney for special review. The state attorney, upon receiving
 1444  a request for special review, shall consider the facts presented
 1445  by the report, affidavit, or complaint, and by the department
 1446  juvenile probation officer who made the recommendation that no
 1447  petition be filed, before making a final decision as to whether
 1448  a petition or information should or should not be filed.
 1449         (j) Completing intake report.—Subject to the interagency
 1450  agreement authorized under this paragraph, the department the
 1451  juvenile probation officer for each case in which a child is
 1452  alleged to have committed a violation of law or delinquent act
 1453  and is not detained shall submit a written report to the state
 1454  attorney for each case in which a child is alleged to have
 1455  committed a violation of law or delinquent act and is not
 1456  detained. The report shall be submitted within 20 days after the
 1457  date the child is taken into custody and must include, including
 1458  the original police report, complaint, or affidavit, or a copy
 1459  thereof, and including a copy of the child’s prior juvenile
 1460  record, within 20 days after the date the child is taken into
 1461  custody. In cases in which the child is in detention, the intake
 1462  office report must be submitted within 24 hours after the child
 1463  is placed into detention. The intake office report may include a
 1464  recommendation that a petition or information be filed or that
 1465  no petition or information be filed and may set forth reasons
 1466  for the recommendation. The state attorney and the department
 1467  may, on a district-by-district basis, enter into interagency
 1468  agreements denoting the cases that will require a recommendation
 1469  and those for which a recommendation is unnecessary.
 1470         (2) Before Prior to requesting that a delinquency petition
 1471  be filed or before prior to filing a dependency petition, the
 1472  department juvenile probation officer may request the parent or
 1473  legal guardian of the child to attend a course of instruction in
 1474  parenting skills, training in conflict resolution, and the
 1475  practice of nonviolence; to accept counseling; or to receive
 1476  other assistance from any agency in the community which notifies
 1477  the clerk of the court of the availability of its services. If
 1478  Where appropriate, the department juvenile probation officer
 1479  shall request both parents or guardians to receive such parental
 1480  assistance. The department juvenile probation officer may, in
 1481  determining whether to request that a delinquency petition be
 1482  filed, take into consideration the willingness of the parent or
 1483  legal guardian to comply with such request. The parent or
 1484  guardian must provide the department juvenile probation officer
 1485  with identifying information, including the parent’s or
 1486  guardian’s name, address, date of birth, social security number,
 1487  and driver driver’s license number or identification card number
 1488  in order to comply with s. 985.039.
 1489         (3) If When indicated by the comprehensive assessment, the
 1490  department is authorized to contract within appropriated funds
 1491  for services with a local nonprofit community mental health or
 1492  substance abuse agency licensed or authorized under chapter 394
 1493  or chapter 397 or other authorized nonprofit social service
 1494  agency providing related services. The determination of mental
 1495  health or substance abuse services shall be conducted in
 1496  coordination with existing programs providing mental health or
 1497  substance abuse services in conjunction with the intake office.
 1498         (4) Client information resulting from the screening and
 1499  evaluation shall be documented under rules of the department and
 1500  shall serve to assist the department juvenile probation officer
 1501  in providing the most appropriate services and recommendations
 1502  in the least intrusive manner. Such client information shall be
 1503  used in the multidisciplinary assessment and classification of
 1504  the child, but such information, and any information obtained
 1505  directly or indirectly through the assessment process, is
 1506  inadmissible in court before prior to the disposition hearing,
 1507  unless the child’s written consent is obtained. At the
 1508  disposition hearing, documented client information shall serve
 1509  to assist the court in making the most appropriate custody,
 1510  adjudicatory, and dispositional decision.
 1511         (5) If the screening and assessment indicate that the
 1512  interests of the child and the public will be best served, the
 1513  department juvenile probation officer, with the approval of the
 1514  state attorney, may refer the child for care, diagnostic, and
 1515  evaluation services; substance abuse treatment services; mental
 1516  health services; intellectual disability services; a
 1517  diversionary, arbitration, or mediation program; community
 1518  service work; or other programs or treatment services
 1519  voluntarily accepted by the child and the child’s parents or
 1520  legal guardian. If a child volunteers to participate in any work
 1521  program under this chapter or volunteers to work in a specified
 1522  state, county, municipal, or community service organization
 1523  supervised work program or to work for the victim, the child is
 1524  considered an employee of the state for the purposes of
 1525  liability. In determining the child’s average weekly wage,
 1526  unless otherwise determined by a specific funding program, all
 1527  remuneration received from the employer is considered a
 1528  gratuity, and the child is not entitled to any benefits
 1529  otherwise payable under s. 440.15 regardless of whether the
 1530  child may be receiving wages and remuneration from other
 1531  employment with another employer and regardless of the child’s
 1532  future wage-earning capacity.
 1533         (6) The victim, if any, and the law enforcement agency that
 1534  investigated the offense shall be notified immediately by the
 1535  state attorney of the action taken under subsection (5).
 1536         Section 10. Section 985.17, Florida Statutes, is created to
 1537  read:
 1538         985.17 Prevention services.—
 1539         (1) Prevention services decrease recidivism by addressing
 1540  the needs of at-risk youth and their families, preventing
 1541  further involvement in the juvenile justice system, protecting
 1542  public safety, and facilitating successful reentry into the
 1543  community. To assist in decreasing recidivism, the department’s
 1544  prevention services should strengthen protective factors, reduce
 1545  risk factors, and use tested and effective approaches.
 1546         (2) A primary focus of the department’s prevention services
 1547  is to develop capacity for local communities to serve their
 1548  youth.
 1549         (a) The department shall engage faith-based and community
 1550  based organizations to provide a full range of voluntary
 1551  programs and services to prevent and reduce juvenile
 1552  delinquency, including, but not limited to, chaplaincy services,
 1553  crisis intervention counseling, mentoring, and tutoring.
 1554         (b) The department shall establish volunteer coordinators
 1555  in each circuit and encourage the recruitment of volunteers to
 1556  serve as mentors for youth in department services.
 1557         (c) The department shall promote the Invest In Children
 1558  license plate developed pursuant to s. 320.08058(11) to help
 1559  fund programs and services to prevent juvenile delinquency. The
 1560  department shall allocate moneys for programs and services
 1561  within each county based on that county’s proportionate share of
 1562  the license plate annual use fee collected by the county
 1563  pursuant to s. 320.08058(11).
 1564         (3) The department’s prevention services for youth at risk
 1565  of becoming delinquent should focus on preventing initial or
 1566  further involvement in the juvenile justice system by including
 1567  services such as literacy services, gender-specific programming,
 1568  and recreational and after-school services and should include
 1569  targeted services to troubled, truant, ungovernable, abused,
 1570  trafficked, or runaway youth. To decrease the likelihood that a
 1571  youth will commit a delinquent act, the department may provide
 1572  specialized services addressing the strengthening of families,
 1573  job training, and substance abuse.
 1574         (4) In an effort to decrease the prevalence of
 1575  disproportionate minority representation in the juvenile justice
 1576  system, the department’s prevention services should address the
 1577  multiple needs of minority youth at risk of becoming delinquent.
 1578         (5)The department shall expend funds related to prevention
 1579  services in a manner consistent with the policies expressed in
 1580  ss. 984.02 and 985.01. The department shall expend such funds in
 1581  a manner that maximizes accountability to the public and ensures
 1582  the documentation of outcomes.
 1583         (a)As a condition of the receipt of state funds, entities
 1584  that receive or use state moneys to fund prevention services
 1585  through contracts with the department or grants from any entity
 1586  dispersed by the department shall:
 1587         1.Design the programs providing such services to further
 1588  one or more of the following strategies:
 1589         a. Encouraging youth to attend and succeed in school, which
 1590  may include special assistance and tutoring to address
 1591  deficiencies in academic performance and collecting outcome data
 1592  to reveal the number of days youth attended school while
 1593  participating in the program.
 1594         b.Engaging youth in productive and wholesome activities
 1595  during nonschool hours which build positive character, instill
 1596  positive values, and enhance educational experiences.
 1597         c.Encouraging youth to avoid the use of violence.
 1598         d.Assisting youth in acquiring the skills needed to find
 1599  meaningful employment, which may include assistance in finding a
 1600  suitable employer for the youth.
 1601         2. Provide the department with demographic information,
 1602  dates of services, and the type of interventions received by
 1603  each youth.
 1604         (b)The department shall monitor output and outcome
 1605  measures for each program strategy in paragraph (a) and include
 1606  them in the annual Comprehensive Accountability Report published
 1607  pursuant to s. 985.632.
 1608         (c)The department shall monitor all programs that receive
 1609  or use state moneys to fund juvenile delinquency prevention
 1610  services through contracts or grants with the department for
 1611  compliance with all provisions in the contracts or grants.
 1612         Section 11. Section 985.24, Florida Statutes, is amended to
 1613  read:
 1614         985.24 Use of detention; prohibitions.—
 1615         (1) All determinations and court orders regarding the use
 1616  of secure, nonsecure, or home detention care must shall be based
 1617  primarily upon findings that the child:
 1618         (a) Presents a substantial risk of not appearing at a
 1619  subsequent hearing;
 1620         (b) Presents a substantial risk of inflicting bodily harm
 1621  on others as evidenced by recent behavior, including the illegal
 1622  possession of a firearm;
 1623         (c) Presents a history of committing a property offense
 1624  before prior to adjudication, disposition, or placement;
 1625         (d) Has committed contempt of court by:
 1626         1. Intentionally disrupting the administration of the
 1627  court;
 1628         2. Intentionally disobeying a court order; or
 1629         3. Engaging in a punishable act or speech in the court’s
 1630  presence which shows disrespect for the authority and dignity of
 1631  the court; or
 1632         (e) Requests protection from imminent bodily harm.
 1633         (2) A child alleged to have committed a delinquent act or
 1634  violation of law may not be placed into secure or, nonsecure, or
 1635  home detention care for any of the following reasons:
 1636         (a) To allow a parent to avoid his or her legal
 1637  responsibility.
 1638         (b) To permit more convenient administrative access to the
 1639  child.
 1640         (c) To facilitate further interrogation or investigation.
 1641         (d) Due to a lack of more appropriate facilities.
 1642         (3) A child alleged to be dependent under chapter 39 may
 1643  not, under any circumstances, be placed into secure detention
 1644  care.
 1645         (4) The department may develop nonsecure, nonresidential
 1646  evening-reporting centers as an alternative to placing a child
 1647  in secure detention to serve children and families while
 1648  awaiting court hearings. Evening-reporting centers may be
 1649  collocated with the juvenile assessment center. At a minimum,
 1650  evening-reporting centers shall be operated during the afternoon
 1651  and evening hours and provide a highly structured program of
 1652  supervision. Evening-reporting centers may also provide academic
 1653  tutoring, counseling, family engagement programs, and other
 1654  activities.
 1655         (5)(4) The department shall continue to identify
 1656  alternatives to secure detention care and shall develop such
 1657  alternatives and annually submit them to the Legislature for
 1658  authorization and appropriation.
 1659         Section 12. Paragraph (b) of subsection (2) and subsection
 1660  (4) of section 985.245, Florida Statutes, are amended to read:
 1661         985.245 Risk assessment instrument.—
 1662         (2)
 1663         (b) The risk assessment instrument, at a minimum, shall
 1664  consider take into consideration, but need not be limited to,
 1665  prior history of failure to appear, prior offenses, offenses
 1666  committed pending adjudication, any unlawful possession of a
 1667  firearm, theft of a motor vehicle or possession of a stolen
 1668  motor vehicle, and probation status at the time the child is
 1669  taken into custody. The risk assessment instrument shall also
 1670  consider take into consideration appropriate aggravating and
 1671  mitigating circumstances, and shall be designed to target a
 1672  narrower population of children than s. 985.255, and. The risk
 1673  assessment instrument shall also include any information
 1674  concerning the child’s history of abuse and neglect. The risk
 1675  assessment shall indicate whether detention care is warranted,
 1676  and, if detention care is warranted, whether the child should be
 1677  placed into secure or, nonsecure, or home detention care.
 1678         (4) If For a child who is under the supervision of the
 1679  department through probation, home detention, nonsecure
 1680  detention, conditional release, postcommitment probation, or
 1681  commitment and who is charged with committing a new offense, the
 1682  risk assessment instrument may be completed and scored based on
 1683  the underlying charge for which the child was placed under the
 1684  supervision of the department and the new offense.
 1685         Section 13. Subsection (1) of section 985.25, Florida
 1686  Statutes, is amended to read:
 1687         985.25 Detention intake.—
 1688         (1) The department juvenile probation officer shall receive
 1689  custody of a child who has been taken into custody from the law
 1690  enforcement agency or court and shall review the facts in the
 1691  law enforcement report or probable cause affidavit and make such
 1692  further inquiry as may be necessary to determine whether
 1693  detention care is appropriate required.
 1694         (a) During the period of time from the taking of the child
 1695  into custody to the date of the detention hearing, the initial
 1696  decision as to the child’s placement into secure detention care
 1697  or, nonsecure detention care, or home detention care shall be
 1698  made by the department juvenile probation officer under ss.
 1699  985.24 and 985.245(1).
 1700         (b) The department juvenile probation officer shall base
 1701  its the decision as to whether or not to place the child into
 1702  secure detention care, home detention care, or nonsecure
 1703  detention care on an assessment of risk in accordance with the
 1704  risk assessment instrument and procedures developed by the
 1705  department under s. 985.245. However, a child charged with
 1706  possessing or discharging a firearm on school property in
 1707  violation of s. 790.115 shall be placed in secure detention
 1708  care. A child who has been taken into custody on three or more
 1709  separate occasions within a 60-day period shall be placed in
 1710  secure detention care until the child’s detention hearing.
 1711         (c) If the child’s final score on the risk assessment
 1712  instrument indicates that juvenile probation officer determines
 1713  that a child who is eligible for detention care is appropriate,
 1714  but the department otherwise determines he or she based upon the
 1715  results of the risk assessment instrument should be released,
 1716  the department juvenile probation officer shall contact the
 1717  state attorney, who may authorize release.
 1718         (d) If the child’s final score on the risk assessment
 1719  instrument indicates that detention is not appropriate
 1720  authorized, the child may be released by the department juvenile
 1721  probation officer in accordance with ss. 985.115 and 985.13.
 1722  
 1723  Under no circumstances shall The department, juvenile probation
 1724  officer or the state attorney, or a law enforcement officer may
 1725  not authorize the detention of any child in a jail or other
 1726  facility intended or used for the detention of adults, without
 1727  an order of the court.
 1728         Section 14. Section 985.255, Florida Statutes, is amended
 1729  to read:
 1730         985.255 Detention criteria; detention hearing.—
 1731         (1) Subject to s. 985.25(1), a child taken into custody and
 1732  placed into nonsecure or secure home detention care shall be
 1733  given a hearing within 24 hours after being taken into custody.
 1734  At the hearing, the court may order continued detention or
 1735  detained in secure detention care prior to a detention hearing
 1736  may continue to be detained by the court if:
 1737         (a) The child is alleged to be an escapee from a
 1738  residential commitment program; or an absconder from a
 1739  nonresidential commitment program, a probation program, or
 1740  conditional release supervision; or is alleged to have escaped
 1741  while being lawfully transported to or from a residential
 1742  commitment program.
 1743         (b) The child is wanted in another jurisdiction for an
 1744  offense that which, if committed by an adult, would be a felony.
 1745         (c) The child is charged with a delinquent act or violation
 1746  of law and requests in writing through legal counsel to be
 1747  detained for protection from an imminent physical threat to his
 1748  or her personal safety.
 1749         (d) The child is charged with committing an offense of
 1750  domestic violence as defined in s. 741.28 and is detained as
 1751  provided in subsection (2).
 1752         (e) The child is charged with possession or discharging a
 1753  firearm on school property in violation of s. 790.115 or the
 1754  illegal possession of a firearm.
 1755         (f) The child is charged with a capital felony, a life
 1756  felony, a felony of the first degree, a felony of the second
 1757  degree which that does not involve a violation of chapter 893,
 1758  or a felony of the third degree which that is also a crime of
 1759  violence, including any such offense involving the use or
 1760  possession of a firearm.
 1761         (g) The child is charged with a felony of the any second
 1762  degree or a felony of the third degree felony involving a
 1763  violation of chapter 893 or a felony of the any third degree
 1764  which felony that is not also a crime of violence, and the
 1765  child:
 1766         1. Has a record of failure to appear at court hearings
 1767  after being properly notified in accordance with the Rules of
 1768  Juvenile Procedure;
 1769         2. Has a record of law violations before prior to court
 1770  hearings;
 1771         3. Has already been detained or has been released and is
 1772  awaiting final disposition of the case;
 1773         4. Has a record of violent conduct resulting in physical
 1774  injury to others; or
 1775         5. Is found to have been in possession of a firearm.
 1776         (h) The child is alleged to have violated the conditions of
 1777  the child’s probation or conditional release supervision.
 1778  However, a child detained under this paragraph may be held only
 1779  in a consequence unit as provided in s. 985.439. If a
 1780  consequence unit is not available, the child shall be placed on
 1781  nonsecure home detention with electronic monitoring.
 1782         (i) The child is detained on a judicial order for failure
 1783  to appear and has previously willfully failed to appear, after
 1784  proper notice:,
 1785         1. For an adjudicatory hearing on the same case regardless
 1786  of the results of the risk assessment instrument; or
 1787         2. At two or more court hearings of any nature on the same
 1788  case, regardless of the results of the risk assessment
 1789  instrument.
 1790  
 1791  A child may be held in secure detention for up to 72 hours in
 1792  advance of the next scheduled court hearing pursuant to this
 1793  paragraph. The child’s failure to keep the clerk of court and
 1794  defense counsel informed of a current and valid mailing address
 1795  where the child will receive notice to appear at court
 1796  proceedings does not provide an adequate ground for excusal of
 1797  the child’s nonappearance at the hearings.
 1798         (j) The child is detained on a judicial order for failure
 1799  to appear and has previously willfully failed to appear, after
 1800  proper notice, at two or more court hearings of any nature on
 1801  the same case regardless of the results of the risk assessment
 1802  instrument. A child may be held in secure detention for up to 72
 1803  hours in advance of the next scheduled court hearing pursuant to
 1804  this paragraph. The child’s failure to keep the clerk of court
 1805  and defense counsel informed of a current and valid mailing
 1806  address where the child will receive notice to appear at court
 1807  proceedings does not provide an adequate ground for excusal of
 1808  the child’s nonappearance at the hearings.
 1809         (2) A child who is charged with committing an offense of
 1810  domestic violence as defined in s. 741.28 and whose risk
 1811  assessment indicates secure detention is not appropriate who
 1812  does not meet detention criteria may be held in secure detention
 1813  if the court makes specific written findings that:
 1814         (a) Respite care for the child is not available.
 1815         (b) It is necessary to place the child in secure detention
 1816  in order to protect the victim from injury.
 1817  
 1818  The child may not be held in secure detention under this
 1819  subsection for more than 48 hours unless ordered by the court.
 1820  After 48 hours, the court shall hold a hearing if the state
 1821  attorney or victim requests that secure detention be continued.
 1822  The child may continue to be held in detention care if the court
 1823  makes a specific, written finding that respite care is
 1824  unavailable and it detention care is necessary to protect the
 1825  victim from injury. However, the child may not be held in
 1826  detention care beyond the time limits provided set forth in this
 1827  section or s. 985.26.
 1828         (3)(a) A child who meets any of the criteria in subsection
 1829  (1) and who is ordered to be detained under that subsection
 1830  shall be given a hearing within 24 hours after being taken into
 1831  custody. The purpose of the detention hearing required under
 1832  subsection (1) is to determine the existence of probable cause
 1833  that the child has committed the delinquent act or violation of
 1834  law that he or she is charged with and the need for continued
 1835  detention. Unless a child is detained under paragraph (1)(d) or
 1836  paragraph (1)(e), the court shall use the results of the risk
 1837  assessment performed by the department juvenile probation
 1838  officer and, based on the criteria in subsection (1), shall
 1839  determine the need for continued detention. A child placed into
 1840  secure, nonsecure, or home detention care may continue to be so
 1841  detained by the court.
 1842         (b) If the court orders a placement more restrictive than
 1843  indicated by the results of the risk assessment instrument, the
 1844  court shall state, in writing, clear and convincing reasons for
 1845  such placement.
 1846         (c) Except as provided in s. 790.22(8) or in s. 985.27,
 1847  when a child is placed into secure or nonsecure detention care,
 1848  or into a respite home or other placement pursuant to a court
 1849  order following a hearing, the court order must include specific
 1850  instructions that direct the release of the child from such
 1851  placement by no later than 5 p.m. on the last day of the
 1852  detention period specified in s. 985.26 or s. 985.27, whichever
 1853  is applicable, unless the requirements of such applicable
 1854  provision have been met or an order of continuance has been
 1855  granted under s. 985.26(4). If the court order does not include
 1856  a date of release, the release date must be requested of the
 1857  court on the same date the youth was placed on detention care.
 1858  If a subsequent hearing is needed to provide additional
 1859  information to the court for safety planning, the initial order
 1860  placing the youth on detention care must reflect the next
 1861  detention review hearing, which should be held within 3 calendar
 1862  days after the child’s initial detention placement.
 1863         Section 15. Subsections (1) through (3) of section 985.26,
 1864  Florida Statutes, are amended to read:
 1865         985.26 Length of detention.—
 1866         (1) A child may not be placed into or held in secure or,
 1867  nonsecure, or home detention care for more longer than 24 hours
 1868  unless the court orders such detention care, and the order
 1869  includes specific instructions that direct the release of the
 1870  child from such detention care, in accordance with s. 985.255.
 1871  The order shall be a final order, reviewable by appeal under s.
 1872  985.534 and the Florida Rules of Appellate Procedure. Appeals of
 1873  such orders shall take precedence over other appeals and other
 1874  pending matters.
 1875         (2) A child may not be held in secure or, nonsecure, or
 1876  home detention care under a special detention order for more
 1877  than 21 days unless an adjudicatory hearing for the case has
 1878  been commenced in good faith by the court. However, upon good
 1879  cause being shown that the nature of the charge requires
 1880  additional time for the prosecution or defense of the case, the
 1881  court may extend the length of detention for an additional 9
 1882  days if the child is charged with an offense that would be, if
 1883  committed by an adult, a capital felony, a life felony, a felony
 1884  of the first degree, or a felony of the second degree involving
 1885  violence against any individual.
 1886         (3) Except as provided in subsection (2), a child may not
 1887  be held in secure or, nonsecure, or home detention care for more
 1888  than 15 days following the entry of an order of adjudication.
 1889         Section 16. Section 985.265, Florida Statutes, is amended
 1890  to read:
 1891         985.265 Detention transfer and release; education; adult
 1892  jails.—
 1893         (1) If a child is detained under this part, the department
 1894  may transfer the child from nonsecure or home detention care to
 1895  secure detention care only if significantly changed
 1896  circumstances warrant such transfer.
 1897         (2) If a child is on release status and not detained under
 1898  this part, the child may be placed into secure or, nonsecure, or
 1899  home detention care only pursuant to a court hearing in which
 1900  the original risk assessment instrument and the, rescored based
 1901  on newly discovered evidence or changed circumstances are
 1902  introduced into evidence with a rescored risk assessment
 1903  instrument with the results recommending detention, is
 1904  introduced into evidence.
 1905         (3)(a) If When a juvenile sexual offender is placed in
 1906  detention, detention staff shall provide appropriate monitoring
 1907  and supervision to ensure the safety of other children in the
 1908  facility.
 1909         (b) If When a juvenile charged with murder under s. 782.04,
 1910  sexual battery under chapter 794, stalking under s. 784.048, or
 1911  domestic violence as defined in s. 741.28, or an attempt to
 1912  commit any of these offenses sexual offender, under this
 1913  subsection, is released from secure detention or transferred to
 1914  home detention or nonsecure detention, detention staff shall
 1915  immediately notify the appropriate law enforcement agency, and
 1916  school personnel, and the victim.
 1917         (4)(a) While a child who is currently enrolled in school is
 1918  in nonsecure or home detention care, the child shall continue to
 1919  attend school unless otherwise ordered by the court.
 1920         (b) While a child is in secure detention care, the child
 1921  shall receive education commensurate with his or her grade level
 1922  and educational ability.
 1923         (5) The court shall order the delivery of a child to a jail
 1924  or other facility intended or used for the detention of adults:
 1925         (a) If When the child has been transferred or indicted for
 1926  criminal prosecution as an adult under part X., except that The
 1927  court may not order or allow a child alleged to have committed a
 1928  misdemeanor who is being transferred for criminal prosecution
 1929  pursuant to either s. 985.556 or s. 985.557 to be detained or
 1930  held in a jail or other facility intended or used for the
 1931  detention of adults; however, such child may be held temporarily
 1932  in a detention facility; or
 1933         (b) If When a child taken into custody in this state is
 1934  wanted by another jurisdiction for prosecution as an adult.
 1935  
 1936  A The child shall be housed separately from adult inmates to
 1937  prohibit the a child from having regular contact with
 1938  incarcerated adults, including trustees. As used in this
 1939  subsection, the term “regular contact” means sight and sound
 1940  contact. Separation of children from adults may not allow shall
 1941  permit no more than haphazard or accidental contact. The
 1942  receiving jail or other facility shall provide contain a
 1943  separate section for children and shall have an adequate staff
 1944  adequate to supervise and monitor the child’s activities at all
 1945  times. Supervision and monitoring of children includes physical
 1946  observation and documented checks by jail or receiving facility
 1947  supervisory personnel at intervals not to exceed 10 15 minutes.
 1948  This subsection does not prohibit placing two or more children
 1949  in the same cell. Under no circumstances shall A child may not
 1950  be placed in a the same cell with an adult.
 1951         Section 17. Section 985.27, Florida Statutes, is amended to
 1952  read:
 1953         985.27 Postadjudication Postcommitment detention while
 1954  awaiting commitment placement.—
 1955         (1) The court must place all children who are adjudicated
 1956  and awaiting placement in a commitment program in detention
 1957  care. Children who are in home detention care or nonsecure
 1958  detention care may be placed on electronic monitoring.
 1959         (a) A child who is awaiting placement in a low-risk
 1960  residential program must be removed from detention within 5
 1961  days, excluding Saturdays, Sundays, and legal holidays. Any
 1962  child held in secure detention during the 5 days must meet
 1963  detention admission criteria under this part. A child who is
 1964  placed in home detention care, nonsecure detention care, or home
 1965  or nonsecure detention care with electronic monitoring, while
 1966  awaiting placement in a minimum-risk or low-risk program, may be
 1967  held in secure detention care for 5 days, if the child violates
 1968  the conditions of the home detention care, the nonsecure
 1969  detention care, or the electronic monitoring agreement. For any
 1970  subsequent violation, the court may impose an additional 5 days
 1971  in secure detention care.
 1972         (b) A child who is awaiting placement in a nonsecure
 1973  moderate-risk residential program must be removed from detention
 1974  within 5 days, excluding Saturdays, Sundays, and legal holidays.
 1975  A Any child held in secure detention during the 5 days must meet
 1976  detention admission criteria under this part. The department may
 1977  seek an order from the court authorizing continued detention for
 1978  a specific period of time necessary for the appropriate
 1979  residential placement of the child. However, such continued
 1980  detention in secure detention care may not exceed 15 days after
 1981  entry of the commitment order, excluding Saturdays, Sundays, and
 1982  legal holidays, and except as otherwise provided in this
 1983  section. A child who is placed in home detention care, nonsecure
 1984  detention care, or home or nonsecure detention care with
 1985  electronic monitoring, while awaiting placement in a nonsecure
 1986  residential moderate-risk program, may be held in secure
 1987  detention care for 5 days, if the child violates the conditions
 1988  of the home detention care, the nonsecure detention care, or the
 1989  electronic monitoring agreement. For any subsequent violation,
 1990  the court may impose an additional 5 days in secure detention
 1991  care.
 1992         (b)(c) If the child is committed to a high-risk residential
 1993  program, the child must be held in secure detention care until
 1994  placement or commitment is accomplished.
 1995         (c)(d) If the child is committed to a maximum-risk
 1996  residential program, the child must be held in secure detention
 1997  care until placement or commitment is accomplished.
 1998         (2) Regardless of detention status, a child being
 1999  transported by the department to a residential commitment
 2000  facility of the department may be placed in secure detention for
 2001  up to 24 hours overnight, not to exceed a 24-hour period, for
 2002  the specific purpose of ensuring the safe delivery of the child
 2003  to his or her residential commitment program, court,
 2004  appointment, transfer, or release.
 2005         Section 18. Subsection (1) of section 985.275, Florida
 2006  Statutes, is amended to read:
 2007         985.275 Detention of escapee or absconder on authority of
 2008  the department.—
 2009         (1) If an authorized agent of the department has reasonable
 2010  grounds to believe that a any delinquent child committed to the
 2011  department has escaped from a residential commitment facility or
 2012  in the course of lawful transportation to or from such facility
 2013  from being lawfully transported thereto or therefrom, or has
 2014  absconded from a nonresidential commitment facility, the agent
 2015  shall notify law enforcement and, if the offense qualifies under
 2016  chapter 960, notify the victim, and make every reasonable effort
 2017  to locate the delinquent child. The child may be returned take
 2018  the child into active custody and may deliver the child to the
 2019  facility or, if it is closer, to a detention center for return
 2020  to the facility. However, a child may not be held in detention
 2021  more longer than 24 hours, excluding Saturdays, Sundays, and
 2022  legal holidays, unless a special order so directing is made by
 2023  the judge after a detention hearing resulting in a finding that
 2024  detention is required based on the criteria in s. 985.255. The
 2025  order must shall state the reasons for such finding. The reasons
 2026  are shall be reviewable by appeal or in habeas corpus
 2027  proceedings in the district court of appeal.
 2028         Section 19. Paragraph (b) of subsection (4), paragraph (h)
 2029  of subsection (6), and paragraph (a) of subsection (7) of
 2030  section 985.433, Florida Statutes, are amended to read:
 2031         985.433 Disposition hearings in delinquency cases.—When a
 2032  child has been found to have committed a delinquent act, the
 2033  following procedures shall be applicable to the disposition of
 2034  the case:
 2035         (4) Before the court determines and announces the
 2036  disposition to be imposed, it shall:
 2037         (b) Discuss with the child his or her compliance with any
 2038  predisposition home release plan or other plan imposed since the
 2039  date of the offense.
 2040         (6) The first determination to be made by the court is a
 2041  determination of the suitability or nonsuitability for
 2042  adjudication and commitment of the child to the department. This
 2043  determination shall include consideration of the recommendations
 2044  of the department, which may include a predisposition report.
 2045  The predisposition report shall include, whether as part of the
 2046  child’s multidisciplinary assessment, classification, and
 2047  placement process components or separately, evaluation of the
 2048  following criteria:
 2049         (h) The child’s educational status, including, but not
 2050  limited to, the child’s strengths, abilities, and unmet and
 2051  special educational needs. The report must shall identify
 2052  appropriate educational and career vocational goals for the
 2053  child. Examples of appropriate goals include:
 2054         1. Attainment of a high school diploma or its equivalent.
 2055         2. Successful completion of literacy course(s).
 2056         3. Successful completion of career and technical
 2057  educational vocational course(s).
 2058         4. Successful attendance and completion of the child’s
 2059  current grade, or recovery of credits of classes the child
 2060  previously failed, if enrolled in school.
 2061         5. Enrollment in an apprenticeship or a similar program.
 2062  
 2063  It is the intent of the Legislature that the criteria set forth
 2064  in this subsection are general guidelines to be followed at the
 2065  discretion of the court and not mandatory requirements of
 2066  procedure. It is not the intent of the Legislature to provide
 2067  for the appeal of the disposition made under this section.
 2068         (7) If the court determines that the child should be
 2069  adjudicated as having committed a delinquent act and should be
 2070  committed to the department, such determination shall be in
 2071  writing or on the record of the hearing. The determination shall
 2072  include a specific finding of the reasons for the decision to
 2073  adjudicate and to commit the child to the department, including
 2074  any determination that the child was a member of a criminal
 2075  gang.
 2076         (a) The department juvenile probation officer shall
 2077  recommend to the court the most appropriate placement and
 2078  treatment plan, specifically identifying the restrictiveness
 2079  level most appropriate for the child if commitment is
 2080  recommended. If the court has determined that the child was a
 2081  member of a criminal gang, that determination shall be given
 2082  great weight in identifying the most appropriate restrictiveness
 2083  level for the child. The court shall consider the department’s
 2084  recommendation in making its commitment decision.
 2085         Section 20. Present subsections (4) through (6) of section
 2086  985.435, Florida Statutes, are redesignated as subsections (5)
 2087  through (7), respectively, a new subsection (4) is added to that
 2088  section, and subsection (3) and present subsection (4) of that
 2089  section are amended, to read:
 2090         985.435 Probation and postcommitment probation; community
 2091  service.—
 2092         (3) A probation program must also include a rehabilitative
 2093  program component such as a requirement of participation in
 2094  substance abuse treatment or in a school or career and technical
 2095  other educational program. The nonconsent of the child to
 2096  treatment in a substance abuse treatment program does not
 2097  preclude in no way precludes the court from ordering such
 2098  treatment. Upon the recommendation of the department at the time
 2099  of disposition, or subsequent to disposition pursuant to the
 2100  filing of a petition alleging a violation of the child’s
 2101  conditions of postcommitment probation, the court may order the
 2102  child to submit to random testing for the purpose of detecting
 2103  and monitoring the use of alcohol or controlled substances.
 2104         (4) A probation program may also include an alternative
 2105  consequence component to address instances in which a child is
 2106  noncompliant with technical conditions of his or her probation,
 2107  but has not committed any new violations of law. The alternative
 2108  consequence component shall be designed to provide swift and
 2109  appropriate consequences to any noncompliance with technical
 2110  conditions of probation. If the probation program includes this
 2111  component, specific consequences that apply to noncompliance
 2112  with specific technical conditions of probation must be detailed
 2113  in the disposition order.
 2114         (5)(4)An evaluation of the youth’s risk to reoffend A
 2115  classification scale for levels of supervision shall be provided
 2116  by the department, taking into account the child’s needs and
 2117  risks relative to probation supervision requirements to
 2118  reasonably ensure the public safety. Probation programs for
 2119  children shall be supervised by the department or by any other
 2120  person or agency specifically authorized by the court. These
 2121  programs must include, but are not limited to, structured or
 2122  restricted activities as described in this section and s.
 2123  985.439, and shall be designed to encourage the child toward
 2124  acceptable and functional social behavior.
 2125         Section 21. Paragraph (a) of subsection (1) and subsection
 2126  (4) of section 985.439, Florida Statutes, are amended to read:
 2127         985.439 Violation of probation or postcommitment
 2128  probation.—
 2129         (1)(a) This section is applicable when the court has
 2130  jurisdiction over a child on probation or postcommitment
 2131  probation, regardless of adjudication an adjudicated delinquent
 2132  child.
 2133         (4) Upon the child’s admission, or if the court finds after
 2134  a hearing that the child has violated the conditions of
 2135  probation or postcommitment probation, the court shall enter an
 2136  order revoking, modifying, or continuing probation or
 2137  postcommitment probation. In each such case, the court shall
 2138  enter a new disposition order and, in addition to the sanctions
 2139  set forth in this section, may impose any sanction the court
 2140  could have imposed at the original disposition hearing. If the
 2141  child is found to have violated the conditions of probation or
 2142  postcommitment probation, the court may:
 2143         (a) Place the child in a consequence unit in that judicial
 2144  circuit, if available, for up to 5 days for a first violation
 2145  and up to 15 days for a second or subsequent violation.
 2146         (b) Place the child on nonsecure home detention with
 2147  electronic monitoring. However, this sanction may be used only
 2148  if a residential consequence unit is not available.
 2149         (c) Modify or continue the child’s probation program or
 2150  postcommitment probation program.
 2151         (d) Revoke probation or postcommitment probation and commit
 2152  the child to the department.
 2153         (e) If the violation of probation is technical in nature
 2154  and not a new violation of law, place the child in an
 2155  alternative consequence program designed to provide swift and
 2156  appropriate consequences for any further violations of
 2157  probation.
 2158         1. Alternative consequence programs shall be established at
 2159  the local level in coordination with law enforcement agencies,
 2160  the chief judge of the circuit, the state attorney, and the
 2161  public defender.
 2162         2. Alternative consequence programs may be operated by an
 2163  entity such as a law enforcement agency, the department, a
 2164  juvenile assessment center, a county or municipality, or another
 2165  entity selected by the department.
 2166         3. Upon placing a child in an alternative consequence
 2167  program, the court must approve specific consequences for
 2168  specific violations of the conditions of probation.
 2169         Section 22. Subsection (2) of section 985.441, Florida
 2170  Statutes, is amended to read:
 2171         985.441 Commitment.—
 2172         (2) Notwithstanding subsection (1), the court having
 2173  jurisdiction over an adjudicated delinquent child whose
 2174  underlying offense is was a misdemeanor, or a child who is
 2175  currently on probation for a misdemeanor, may not commit the
 2176  child for any misdemeanor offense or any probation violation
 2177  that is technical in nature and not a new violation of law at a
 2178  restrictiveness level other than minimum-risk nonresidential
 2179  unless the probation violation is a new violation of law
 2180  constituting a felony. However, the court may commit such child
 2181  to a nonsecure low-risk or moderate-risk residential placement
 2182  if:
 2183         (a) The child has previously been adjudicated or had
 2184  adjudication withheld for a felony offense;
 2185         (b) The child has previously been adjudicated or had
 2186  adjudication withheld for three or more misdemeanor offenses
 2187  within the preceding 18 months;
 2188         (c) The child is before the court for disposition for a
 2189  violation of s. 800.03, s. 806.031, or s. 828.12; or
 2190         (d) The court finds by a preponderance of the evidence that
 2191  the protection of the public requires such placement or that the
 2192  particular needs of the child would be best served by such
 2193  placement. Such finding must be in writing.
 2194         Section 23. Paragraph (a) of subsection (1) and subsection
 2195  (5) of section 985.46, Florida Statutes, are amended to read:
 2196         985.46 Conditional release.—
 2197         (1) The Legislature finds that:
 2198         (a) Conditional release is the care, treatment, help,
 2199  provision of transition-to-adulthood services, and supervision
 2200  provided to juveniles released from residential commitment
 2201  programs to promote rehabilitation and prevent recidivism.
 2202         (5) Participation in the educational program by students of
 2203  compulsory school attendance age pursuant to s. 1003.21(1) and
 2204  (2)(a) is mandatory for juvenile justice youth on conditional
 2205  release or postcommitment probation status. A student of
 2206  noncompulsory school-attendance age who has not received a high
 2207  school diploma or its equivalent must participate in an the
 2208  educational or career and technical educational program. A youth
 2209  who has received a high school diploma or its equivalent and is
 2210  not employed must participate in workforce development or other
 2211  career or technical education or attend a community college or a
 2212  university while in the program, subject to available funding.
 2213         Section 24. Subsections (1) through (5) of section 985.461,
 2214  Florida Statutes, are amended to read:
 2215         985.461 Transition to adulthood.—
 2216         (1) The Legislature finds that older youth are faced with
 2217  the need to learn how to support themselves within legal means
 2218  and overcome the stigma of being delinquent. In most cases,
 2219  parents expedite this transition. It is the intent of the
 2220  Legislature that the department provide older youth in its
 2221  custody or under its supervision with opportunities for
 2222  participating in transition-to-adulthood services while in the
 2223  department’s commitment programs or in probation or conditional
 2224  release programs in the community. These services should be
 2225  reasonable and appropriate for the youths’ respective ages or
 2226  special needs and provide activities that build life skills and
 2227  increase the ability to live independently and become self
 2228  sufficient.
 2229         (2) Youth served by the department who are in the custody
 2230  of the Department of Children and Families Family Services and
 2231  who entered juvenile justice placement from a foster care
 2232  placement, if otherwise eligible, may receive independent living
 2233  transition services pursuant to s. 409.1451. Court-ordered
 2234  commitment or probation with the department is not a barrier to
 2235  eligibility for the array of services available to a youth who
 2236  is in the dependency foster care system only.
 2237         (3) For a dependent child in the foster care system,
 2238  adjudication for delinquency does not, by itself, disqualify
 2239  such child for eligibility in the Department of Children and
 2240  Families’ Family Services’ independent living program.
 2241         (4) As part of the child’s treatment plan, the department
 2242  may provide transition-to-adulthood services to children
 2243  released from residential commitment. To support participation
 2244  in transition-to-adulthood services and subject to
 2245  appropriation, the department may:
 2246         (a) Assess the child’s skills and abilities to live
 2247  independently and become self-sufficient. The specific services
 2248  to be provided shall be determined using an assessment of his or
 2249  her readiness for adult life.
 2250         (b) Use community reentry teams to assist in the
 2251  development of Develop a list of age-appropriate activities and
 2252  responsibilities to be incorporated in the child’s written case
 2253  plan for any youth 17 years of age or older who is under the
 2254  custody or supervision of the department. Community reentry
 2255  teams may include representation from school districts, law
 2256  enforcement, workforce development services, community-based
 2257  service providers, and the youth’s family. Activities may
 2258  include, but are not limited to, life skills training, including
 2259  training to develop banking and budgeting skills, interviewing
 2260  and career planning skills, parenting skills, personal health
 2261  management, and time management or organizational skills;
 2262  educational support; employment training; and counseling.
 2263         (c) Provide information related to social security
 2264  insurance benefits and public assistance.
 2265         (d) Request parental or guardian permission for the youth
 2266  to participate in transition-to-adulthood services. Upon such
 2267  consent, age-appropriate activities shall be incorporated into
 2268  the youth’s written case plan. This plan may include specific
 2269  goals and objectives and shall be reviewed and updated at least
 2270  quarterly. If the parent or guardian is cooperative, the plan
 2271  may not interfere with the parent’s or guardian’s rights to
 2272  nurture and train his or her child in ways that are otherwise in
 2273  compliance with the law and court order.
 2274         (e) Contract for transition-to-adulthood services that
 2275  include residential services and assistance and allow the child
 2276  to live independently of the daily care and supervision of an
 2277  adult in a setting that is not licensed under s. 409.175. A
 2278  child under the care or supervision of the department who has
 2279  reached 17 years of age but is not yet 19 years of age is
 2280  eligible for such services if he or she does not pose a danger
 2281  to the public and is able to demonstrate minimally sufficient
 2282  skills and aptitude for living under decreased adult
 2283  supervision, as determined by the department, using established
 2284  procedures and assessments.
 2285         (f) Assist the youth in building a portfolio of educational
 2286  and vocational accomplishments, necessary identification,
 2287  resumes, and cover letters in an effort to enhance the youth’s
 2288  employability.
 2289         (g) Collaborate with school district contacts to facilitate
 2290  appropriate educational services based on the youth’s identified
 2291  needs.
 2292         (5) For a child who is 17 years of age or older, under the
 2293  department’s care or supervision, and without benefit of parents
 2294  or legal guardians capable of assisting the child in the
 2295  transition to adult life, the department may provide an
 2296  assessment to determine the child’s skills and abilities to live
 2297  independently and become self-sufficient. Based on the
 2298  assessment and within existing resources, services and training
 2299  may be provided in order to develop the necessary skills and
 2300  abilities before the child’s 18th birthday.
 2301         Section 25. Paragraph (b) of subsection (3) of section
 2302  985.481, Florida Statutes, is amended to read:
 2303         985.481 Sexual offenders adjudicated delinquent;
 2304  notification upon release.—
 2305         (3)
 2306         (b) No later than November 1, 2007, The department shall
 2307  must make the information described in subparagraph (a)1.
 2308  available electronically to the Department of Law Enforcement in
 2309  its database and in a format that is compatible with the
 2310  requirements of the Florida Crime Information Center.
 2311         Section 26. Subsection (5) of section 985.4815, Florida
 2312  Statutes, is amended to read:
 2313         985.4815 Notification to Department of Law Enforcement of
 2314  information on juvenile sexual offenders.—
 2315         (5) In addition to notification and transmittal
 2316  requirements imposed by any other provision of law, the
 2317  department shall compile information on any sexual offender and
 2318  provide the information to the Department of Law Enforcement. No
 2319  later than November 1, 2007, The department shall must make the
 2320  information available electronically to the Department of Law
 2321  Enforcement in its database in a format that is compatible with
 2322  the requirements of the Florida Crime Information Center.
 2323         Section 27. Paragraph (a) of subsection (3) and paragraph
 2324  (a) of subsection (9) of section 985.601, Florida Statutes, are
 2325  amended to read:
 2326         985.601 Administering the juvenile justice continuum.—
 2327         (3)(a) The department shall develop or contract for
 2328  diversified and innovative programs to provide rehabilitative
 2329  treatment, including early intervention and prevention,
 2330  diversion, comprehensive intake, case management, diagnostic and
 2331  classification assessments, trauma-informed care, individual and
 2332  family counseling, family engagement resources and programs,
 2333  gender-specific programming, shelter care, diversified detention
 2334  care emphasizing alternatives to secure detention, diversified
 2335  probation, halfway houses, foster homes, community-based
 2336  substance abuse treatment services, community-based mental
 2337  health treatment services, community-based residential and
 2338  nonresidential programs, mother-infant programs, and
 2339  environmental programs. The department may pay expenses in
 2340  support of innovative programs and activities that address the
 2341  identified needs and well-being of children in the department’s
 2342  care or under its supervision. Each program shall place
 2343  particular emphasis on reintegration and conditional release for
 2344  all children in the program.
 2345         (9)(a) The department shall operate a statewide, regionally
 2346  administered system of detention services for children, in
 2347  accordance with a comprehensive plan for the regional
 2348  administration of all detention services in the state. The plan
 2349  must provide for the maintenance of adequate availability of
 2350  detention services for all counties. The plan must cover all the
 2351  department’s operating circuits, with each operating circuit
 2352  having access to a secure facility and nonsecure and home
 2353  detention programs., and The plan may be altered or modified by
 2354  the department of Juvenile Justice as necessary.
 2355         Section 28. Section 985.605, Florida Statutes, is repealed.
 2356         Section 29. Section 985.606, Florida Statutes, is repealed.
 2357         Section 30. Section 985.61, Florida Statutes, is repealed.
 2358         Section 31. Section 985.632, Florida Statutes, is reordered
 2359  and amended to read:
 2360         985.632 Quality improvement assurance and cost
 2361  effectiveness.—
 2362         (2)(1)PERFORMANCE ACCOUNTABILITY.—It is the intent of the
 2363  Legislature that the department establish a performance
 2364  accountability system for each provider who contracts with the
 2365  department for the delivery of services to children. The
 2366  contract must include both output measures, such as the number
 2367  of children served, and outcome measures, such as program
 2368  completion and postcompletion recidivism. Each contractor shall
 2369  report performance results to the department annually. The
 2370  department’s Bureau of Research and Planning shall summarize
 2371  performance results from all contracts and report the
 2372  information annually to the President of the Senate and the
 2373  Speaker of the House of Representatives in the Comprehensive
 2374  Accountability Report. The report must:
 2375         (a) Ensure that information be provided to decisionmakers
 2376  in a timely manner so that resources are allocated to programs
 2377  that of the department which achieve desired performance levels.
 2378         (b) Provide information about the cost of such programs and
 2379  their differential effectiveness so that the quality of such
 2380  programs can be compared and improvements made continually.
 2381         (c) Provide information to aid in developing related policy
 2382  issues and concerns.
 2383         (d) Provide information to the public about the
 2384  effectiveness of such programs in meeting established goals and
 2385  objectives.
 2386         (e) Provide a basis for a system of accountability so that
 2387  each child client is afforded the best programs to meet his or
 2388  her needs.
 2389         (f) Improve service delivery to children through the use of
 2390  technical assistance clients.
 2391         (g) Modify or eliminate activities or programs that are not
 2392  effective.
 2393         (h) Collect and analyze available statistical data for the
 2394  purpose of ongoing evaluation of all programs.
 2395         (1)(2)DEFINITIONS.—As used in this section, the term:
 2396         (a) “Program” means any facility, service, or program for
 2397  children which is operated by the department or by a provider
 2398  under contract with the department.
 2399         (a) “Client” means any person who is being provided
 2400  treatment or services by the department or by a provider under
 2401  contract with the department.
 2402         (b) “Program component” means an aggregation of generally
 2403  related objectives which, because of their special character,
 2404  related workload, and interrelated output, can logically be
 2405  considered an entity for purposes of organization, management,
 2406  accounting, reporting, and budgeting.
 2407         (c) “Program group” means a collection of programs with
 2408  sufficient similarity of functions, services, and children to
 2409  permit appropriate comparison among programs within the group.
 2410         (c) “Program effectiveness” means the ability of the
 2411  program to achieve desired client outcomes, goals, and
 2412  objectives.
 2413         (3)COMPREHENSIVE ACCOUNTABILITY REPORT.—The department, in
 2414  consultation with the Office of Economic and Demographic
 2415  Research, the Office of Program Policy Analysis and Government
 2416  Accountability, and contract service providers, shall develop
 2417  and use a standard methodology for annually measuring,
 2418  evaluating, and reporting program outputs and child outcomes for
 2419  each program and program group. The standard methodology must:
 2420         (a) Include common terminology and operational definitions
 2421  for measuring the performance of system and program
 2422  administration, program outputs, and program outcomes.
 2423         (b) Specify program outputs for each program and for each
 2424  program group within the juvenile justice continuum.
 2425         (c) Specify desired child outcomes and methods by which
 2426  child outcomes may be measured for each program and program
 2427  group.
 2428         (3) The department shall annually collect and report cost
 2429  data for every program operated or contracted by the department.
 2430  The cost data shall conform to a format approved by the
 2431  department and the Legislature. Uniform cost data shall be
 2432  reported and collected for state-operated and contracted
 2433  programs so that comparisons can be made among programs. The
 2434  department shall ensure that there is accurate cost accounting
 2435  for state-operated services including market-equivalent rent and
 2436  other shared cost. The cost of the educational program provided
 2437  to a residential facility shall be reported and included in the
 2438  cost of a program. The department shall submit an annual cost
 2439  report to the President of the Senate, the Speaker of the House
 2440  of Representatives, the Minority Leader of each house of the
 2441  Legislature, the appropriate substantive and fiscal committees
 2442  of each house of the Legislature, and the Governor, no later
 2443  than December 1 of each year. Cost-benefit analysis for
 2444  educational programs will be developed and implemented in
 2445  collaboration with and in cooperation with the Department of
 2446  Education, local providers, and local school districts. Cost
 2447  data for the report shall include data collected by the
 2448  Department of Education for the purposes of preparing the annual
 2449  report required by s. 1003.52(19).
 2450         (4)(a)COST-EFFECTIVENESS MODEL.—The department, in
 2451  consultation with the Office of Economic and Demographic
 2452  Research and contract service providers, shall develop a cost
 2453  effectiveness model and apply the model to each commitment
 2454  program. Program recidivism rates shall be a component of the
 2455  model.
 2456         (a) The cost-effectiveness model must shall compare program
 2457  costs to expected and actual child recidivism rates client
 2458  outcomes and program outputs. It is the intent of the
 2459  Legislature that continual development efforts take place to
 2460  improve the validity and reliability of the cost-effectiveness
 2461  model.
 2462         (b) The department shall rank commitment programs based on
 2463  the cost-effectiveness model, performance measures, and
 2464  adherence to quality improvement standards and shall submit a
 2465  report this data in the annual Comprehensive Accountability
 2466  Report to the appropriate substantive and fiscal committees of
 2467  each house of the Legislature by December 31 of each year.
 2468         (c) Based on reports of the department on child client
 2469  outcomes and program outputs and on the department’s most recent
 2470  cost-effectiveness rankings, the department may terminate a
 2471  program operated by the department or a provider if the program
 2472  has failed to achieve a minimum standard threshold of program
 2473  effectiveness. This paragraph does not preclude the department
 2474  from terminating a contract as provided under this section or as
 2475  otherwise provided by law or contract, and does not limit the
 2476  department’s authority to enter into or terminate a contract.
 2477         (d) In collaboration with the Office of Economic and
 2478  Demographic Research, and contract service providers, the
 2479  department shall develop a work plan to refine the cost
 2480  effectiveness model so that the model is consistent with the
 2481  performance-based program budgeting measures approved by the
 2482  Legislature to the extent the department deems appropriate. The
 2483  department shall notify the Office of Program Policy Analysis
 2484  and Government Accountability of any meetings to refine the
 2485  model.
 2486         (e) Contingent upon specific appropriation, the department,
 2487  in consultation with the Office of Economic and Demographic
 2488  Research, and contract service providers, shall:
 2489         1. Construct a profile of each commitment program that uses
 2490  the results of the quality improvement assurance report required
 2491  by this section, the cost-effectiveness report required in this
 2492  subsection, and other reports available to the department.
 2493         2. Target, for a more comprehensive evaluation, any
 2494  commitment program that has achieved consistently high, low, or
 2495  disparate ratings in the reports required under subparagraph 1.
 2496  and target, for technical assistance, any commitment program
 2497  that has achieved low or disparate ratings in the reports
 2498  required under subparagraph 1.
 2499         3. Identify the essential factors that contribute to the
 2500  high, low, or disparate program ratings.
 2501         4. Use the results of these evaluations in developing or
 2502  refining juvenile justice programs or program models, child
 2503  client outcomes and program outputs, provider contracts, quality
 2504  improvement assurance standards, and the cost-effectiveness
 2505  model.
 2506         (5) QUALITY IMPROVEMENT; MINIMUM STANDARDS.—The department
 2507  shall:
 2508         (a) Establish a comprehensive quality improvement assurance
 2509  system for each program operated by the department or operated
 2510  by a provider under contract with the department. Each contract
 2511  entered into by the department must provide for quality
 2512  improvement assurance.
 2513         (b) Provide operational definitions of and criteria for
 2514  quality improvement assurance for each specific program
 2515  component.
 2516         (c) Establish quality improvement assurance goals and
 2517  objectives for each specific program component.
 2518         (d) Establish the information and specific data elements
 2519  required for the quality improvement assurance program.
 2520         (e) Develop a quality improvement assurance manual of
 2521  specific, standardized terminology and procedures to be followed
 2522  by each program.
 2523         (f) Evaluate each program operated by the department or a
 2524  provider under a contract with the department annually and
 2525  establish minimum standards thresholds for each program
 2526  component. If a provider fails to meet the established minimum
 2527  standards thresholds, such failure shall cause the department
 2528  shall to cancel the provider’s contract unless the provider
 2529  complies achieves compliance with minimum standards thresholds
 2530  within 6 months or unless there are documented extenuating
 2531  circumstances. In addition, the department may not contract with
 2532  the same provider for the canceled service for a period of 12
 2533  months. If a department-operated program fails to meet the
 2534  established minimum standards thresholds, the department must
 2535  take necessary and sufficient steps to ensure, and document
 2536  program changes to achieve, compliance with the established
 2537  minimum standards thresholds. If the department-operated program
 2538  fails to achieve compliance with the established minimum
 2539  standards thresholds within 6 months and if there are no
 2540  documented extenuating circumstances, the department shall must
 2541  notify the Executive Office of the Governor and the Legislature
 2542  of the corrective action taken. Appropriate corrective action
 2543  may include, but is not limited to:
 2544         1. Contracting out for the services provided in the
 2545  program;
 2546         2. Initiating appropriate disciplinary action against all
 2547  employees whose conduct or performance is deemed to have
 2548  materially contributed to the program’s failure to meet
 2549  established minimum thresholds;
 2550         3. Redesigning the program; or
 2551         4. Realigning the program.
 2552         (6) COMPREHENSIVE ACCOUNTABILITY REPORT; SUBMITTAL.—No
 2553  later than February 1 of each year, the department shall submit
 2554  the Comprehensive Accountability an annual Report to the
 2555  Governor, the President of the Senate, the Speaker of the House
 2556  of Representatives, the Minority Leader of each house of the
 2557  Legislature, and the appropriate substantive and fiscal
 2558  committees of each house of the Legislature, and the Governor,
 2559  no later than February 1 of each year. The Comprehensive
 2560  Accountability annual Report must contain, at a minimum, for
 2561  each specific program component: a comprehensive description of
 2562  the population served by the program; a specific description of
 2563  the services provided by the program; cost; a comparison of
 2564  expenditures to federal and state funding; immediate and long
 2565  range concerns; and recommendations to maintain, expand,
 2566  improve, modify, or eliminate each program component so that
 2567  changes in services lead to enhancement in program quality. The
 2568  department shall ensure the reliability and validity of the
 2569  information contained in the report.
 2570         (7)(6)ONGOING EVALUATION.—The department shall collect and
 2571  analyze available statistical data for the purpose of ongoing
 2572  evaluation of all programs. The department shall provide the
 2573  Legislature with necessary information and reports to enable the
 2574  Legislature to make informed decisions regarding the
 2575  effectiveness of, and any needed changes in, services, programs,
 2576  policies, and laws.
 2577         Section 32. Paragraph (a) of subsection (1) and paragraph
 2578  (b) of subsection (3) of section 985.644, Florida Statutes, are
 2579  amended to read:
 2580         985.644 Departmental contracting powers; personnel
 2581  standards and screening.—
 2582         (1) The department may contract with the Federal
 2583  Government, other state departments and agencies, county and
 2584  municipal governments and agencies, public and private agencies,
 2585  and private individuals and corporations in carrying out the
 2586  purposes of, and the responsibilities established in, this
 2587  chapter.
 2588         (a) Each contract entered into by the department for
 2589  services delivered on an appointment or intermittent basis by a
 2590  provider that does not have regular custodial responsibility for
 2591  children, and each contract with a school for before or
 2592  aftercare services, must ensure that all owners, operators, and
 2593  personnel who have direct contact with children are subject to
 2594  level 2 background screening pursuant to chapter 435.
 2595         (3)
 2596         (b) Certified Except for law enforcement, correctional, and
 2597  correctional probation officers, pursuant to s. 943.13, are not
 2598  required to submit to level 2 screenings while employed by a law
 2599  enforcement agency or correctional facility. to whom s.
 2600  943.13(5) applies, The department shall electronically submit to
 2601  the Department of Law Enforcement:
 2602         1. Fingerprint information obtained during the employment
 2603  screening required by subparagraph (a)1.
 2604         2. Fingerprint information for all persons employed by the
 2605  department, or by a provider under contract with the department,
 2606  in delinquency facilities, services, or programs if such
 2607  fingerprint information has not previously been previously
 2608  electronically submitted pursuant to this section to the
 2609  Department of Law Enforcement under this paragraph.
 2610         Section 33. Section 985.6441, Florida Statutes, is created
 2611  to read:
 2612         985.6441 Health care services.—
 2613         (1) As used in this section, the term:
 2614         (a) “Hospital” means a hospital licensed under chapter 395.
 2615         (b) “Health care provider” has the same meaning as provided
 2616  in s. 766.105.
 2617         (2) The following reimbursement limitations apply to the
 2618  compensation of health care providers by the department:
 2619         (a)If there is no contract between the department and a
 2620  hospital or a health care provider providing services at a
 2621  hospital, payments to such hospital or such health care provider
 2622  may not exceed 110 percent of the Medicare allowable rate for
 2623  any health care service provided.
 2624         (b)If a contract has been executed between the department
 2625  and a hospital or a health care provider providing services at a
 2626  hospital, the department may continue to make payments for
 2627  health care services at the currently contracted rates through
 2628  the current term of the contract; however, payments may not
 2629  exceed 110 percent of the Medicare allowable rate after the
 2630  current term of the contract expires or after the contract is
 2631  renewed during the 2013-2014 fiscal year.
 2632         (c)Payments may not exceed 110 percent of the Medicare
 2633  allowable rate under a contract executed on or after July 1,
 2634  2014, between the department and a hospital or a health care
 2635  provider providing services at a hospital.
 2636         (d)Notwithstanding paragraphs (a)-(c), the department may
 2637  pay up to 125 percent of the Medicare allowable rate for health
 2638  care services at a hospital that demonstrates or has
 2639  demonstrated through hospital-audited financial data a negative
 2640  operating margin for the previous fiscal year to the Agency for
 2641  Health Care Administration.
 2642         (e)The department may execute a contract for health care
 2643  services at a hospital for rates other than rates based on a
 2644  percentage of the Medicare allowable rate.
 2645         Section 34. Section 985.66, Florida Statutes, is amended to
 2646  read:
 2647         985.66 Juvenile justice training academies; staff
 2648  development and training; Juvenile Justice Training Trust Fund.—
 2649         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
 2650  provide a systematic approach to staff development and training
 2651  for judges, state attorneys, public defenders, law enforcement
 2652  officers, school district personnel, and juvenile justice
 2653  program staff which meets that will meet the needs of such
 2654  persons in the their discharge of their duties while at the same
 2655  time meeting the requirements for the American Correction
 2656  Association accreditation by the Commission on Accreditation for
 2657  Corrections, it is the purpose of the Legislature to require the
 2658  department to establish, maintain, and oversee the operation of
 2659  juvenile justice training programs and courses academies in the
 2660  state. The purpose of the Legislature in establishing staff
 2661  development and training programs is to provide employees of the
 2662  department or any private or public entity or contract providers
 2663  who provide services or care for youth under the responsibility
 2664  of the department with the knowledge and skills to appropriately
 2665  interact with youth and provide such care foster better staff
 2666  morale and reduce mistreatment and aggressive and abusive
 2667  behavior in delinquency programs; to positively impact the
 2668  recidivism of children in the juvenile justice system; and to
 2669  afford greater protection of the public through an improved
 2670  level of services delivered by a professionally trained juvenile
 2671  justice program staff to children who are alleged to be or who
 2672  have been found to be delinquent.
 2673         (2) STAFF DEVELOPMENT AND TRAINING.—The department shall:
 2674         (a) Designate the number and location of the training
 2675  programs and courses academies; assess, design, develop,
 2676  implement, evaluate, maintain, and update the curriculum to be
 2677  used in the training of juvenile justice program staff;
 2678  establish timeframes for participation in and completion of
 2679  training by juvenile justice program staff; develop, implement,
 2680  score, analyze, maintain, and update job-related examinations;
 2681  develop, implement, analyze, and update the types and
 2682  frequencies of evaluations of the training programs, courses,
 2683  and instructors academies; and manage approve, modify, or
 2684  disapprove the budget and contracts for all the training
 2685  deliverables academies, and the contractor to be selected to
 2686  organize and operate the training academies and to provide the
 2687  training curriculum.
 2688         (b) Establish uniform minimum job-related preservice and
 2689  inservice training courses and examinations for juvenile justice
 2690  program staff.
 2691         (c) Consult and cooperate with the state or any political
 2692  subdivision; any private entity or contractor; and with private
 2693  and public universities, colleges, community colleges, and other
 2694  educational institutions concerning the development of juvenile
 2695  justice training and programs or courses of instruction,
 2696  including, but not limited to, education and training in the
 2697  areas of juvenile justice.
 2698         (d) Enter into contracts and agreements with other
 2699  agencies, organizations, associations, corporations,
 2700  individuals, or federal agencies as necessary in the execution
 2701  of the powers of the department or the performance of its
 2702  duties.
 2703         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department shall
 2704  establish a certifiable program for juvenile justice training
 2705  pursuant to this section, and all department program staff. and
 2706  Providers who deliver direct care services pursuant to contract
 2707  with the department shall be required to participate in and
 2708  successfully complete the department-approved program of
 2709  training pertinent to their areas of responsibility. Judges,
 2710  state attorneys, and public defenders, law enforcement officers,
 2711  and school district personnel, and employees of contract
 2712  providers who provide services or care for youth under the
 2713  responsibility of the department may participate in such a
 2714  training program. For the juvenile justice program staff, the
 2715  department shall, based on a job-task analysis:
 2716         (a) The department shall design, implement, maintain,
 2717  evaluate, and revise a basic training program, including a
 2718  competency-based examination, for the purpose of providing
 2719  minimum employment training qualifications for all juvenile
 2720  justice personnel. All program staff of the department and
 2721  providers who deliver direct-care services who are hired after
 2722  October 1, 1999, shall, at a must meet the following minimum
 2723  requirements:
 2724         1. Be at least 19 years of age.
 2725         2. Be a high school graduate or its equivalent, as
 2726  determined by the department.
 2727         3. Not have been convicted of any felony or a misdemeanor
 2728  involving perjury or a false statement, or have received a
 2729  dishonorable discharge from any of the Armed Forces of the
 2730  United States. A Any person who, after September 30, 1999,
 2731  pleads guilty or nolo contendere to or is found guilty of any
 2732  felony or a misdemeanor involving perjury or false statement is
 2733  not eligible for employment, notwithstanding suspension of
 2734  sentence or withholding of adjudication. Notwithstanding this
 2735  subparagraph, a any person who pled nolo contendere to a
 2736  misdemeanor involving a false statement before October 1, 1999,
 2737  and who has had such record of that plea sealed or expunged is
 2738  not ineligible for employment for that reason.
 2739         4. Abide by all the provisions of s. 985.644(1) regarding
 2740  fingerprinting, and background investigations, and other
 2741  screening requirements for personnel.
 2742         5. Execute and submit to the department an affidavit-of
 2743  application form, approved adopted by the department, attesting
 2744  to his or her compliance with subparagraphs 1.-4. The affidavit
 2745  must be executed under oath and constitutes an official
 2746  statement under s. 837.06. The affidavit must include a
 2747  conspicuous statement language that the intentional false
 2748  execution of the affidavit constitutes a misdemeanor of the
 2749  second degree. The employing agency shall retain the affidavit.
 2750         (b) The department shall design, implement, maintain,
 2751  evaluate, and revise an advanced training program, including a
 2752  competency-based examination for each training course, which is
 2753  intended to enhance knowledge, skills, and abilities related to
 2754  job performance.
 2755         (c) The department shall design, implement, maintain,
 2756  evaluate, and revise a career development training program,
 2757  including a competency-based examination for each training
 2758  course. Career development courses are intended to prepare
 2759  personnel for promotion.
 2760         (d) The department is encouraged to design, implement,
 2761  maintain, evaluate, and revise juvenile justice training
 2762  courses, or to enter into contracts for such training courses,
 2763  that are intended to provide for the safety and well-being of
 2764  both citizens and juvenile offenders.
 2765         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
 2766         (a) There is created within the State Treasury a Juvenile
 2767  Justice Training Trust Fund to be used by the department for the
 2768  purpose of funding the development and updating of a job-task
 2769  analysis of juvenile justice personnel; the development,
 2770  implementation, and updating of job-related training courses and
 2771  examinations; and the cost of juvenile justice training courses.
 2772         (b) One dollar from every noncriminal traffic infraction
 2773  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
 2774  deposited into the Juvenile Justice Training Trust Fund.
 2775         (c) In addition to the funds generated by paragraph (b),
 2776  the trust fund may receive funds from any other public or
 2777  private source.
 2778         (d) Funds that are not expended by the end of the budget
 2779  cycle or through a supplemental budget approved by the
 2780  department shall revert to the trust fund.
 2781         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
 2782  The number, location, and establishment of juvenile justice
 2783  training academies shall be determined by the department.
 2784         (5)(6) SCHOLARSHIPS AND STIPENDS.—The department shall
 2785  establish criteria to award scholarships or stipends to
 2786  qualified juvenile justice personnel who are residents of the
 2787  state and who want to pursue a bachelor’s or associate in arts
 2788  degree in juvenile justice or a related field. The department
 2789  shall administer handle the administration of the scholarship or
 2790  stipend. The Department of Education shall manage handle the
 2791  notes issued for the payment of the scholarships or stipends.
 2792  All scholarship and stipend awards shall be paid from the
 2793  Juvenile Justice Training Trust Fund upon vouchers approved by
 2794  the Department of Education and properly certified by the Chief
 2795  Financial Officer. Before Prior to the award of a scholarship or
 2796  stipend, the juvenile justice employee must agree in writing to
 2797  practice her or his profession in juvenile justice or a related
 2798  field for 1 month for each month of grant or to repay the full
 2799  amount of the scholarship or stipend together with interest at
 2800  the rate of 5 percent per annum over a period of up to not to
 2801  exceed 10 years. Repayment is shall be made payable to the state
 2802  for deposit into the Juvenile Justice Training Trust Fund.
 2803         (6)(7) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
 2804  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
 2805  Risk Management of the Department of Financial Services is
 2806  authorized to insure a private agency, individual, or
 2807  corporation operating a state-owned training school under a
 2808  contract to carry out the purposes and responsibilities of any
 2809  program of the department. The coverage authorized under this
 2810  subsection is subject to herein shall be under the same general
 2811  terms and conditions as the coverage afforded the department is
 2812  insured for its responsibilities under chapter 284.
 2813         Section 35. Subsection (5) of section 985.664, Florida
 2814  Statutes, is amended to read:
 2815         985.664 Juvenile justice circuit advisory boards.—
 2816         (5)(a)To form the initial juvenile justice circuit
 2817  advisory board, the Secretary of Juvenile Justice, in
 2818  consultation with the juvenile justice county councils in
 2819  existence on October 1, 2013, shall appoint the chair of the
 2820  board, who must meet the board membership requirements in
 2821  subsection (4). Within 45 days after being appointed, the chair
 2822  shall appoint the remaining members to the juvenile justice
 2823  circuit advisory board and submit the appointments to the
 2824  department for approval.
 2825         (b) Thereafter, When a vacancy in the office of the chair
 2826  occurs, the Secretary of Juvenile Justice, in consultation with
 2827  the juvenile justice circuit advisory board, shall appoint a new
 2828  chair, who must meet the board membership requirements in
 2829  subsection (4). The chair shall appoint members to vacant seats
 2830  within 45 days after the vacancy and submit the appointments to
 2831  the department for approval. The chair serves at the pleasure of
 2832  the Secretary of Juvenile Justice.
 2833         Section 36. Subsections (1) and (4) of section 985.672,
 2834  Florida Statutes, are amended to read:
 2835         985.672 Direct-support organization; definition; use of
 2836  property; board of directors; audit.—
 2837         (1) DEFINITION.—As used in this section, the term “direct
 2838  support organization” means an organization whose sole purpose
 2839  is to support the juvenile justice system and which is:
 2840         (a) A corporation not-for-profit incorporated under chapter
 2841  617 and which is approved by the Department of State;
 2842         (b) Organized and operated to conduct programs and
 2843  activities; to raise funds; to request and receive grants,
 2844  gifts, and bequests of moneys; to acquire, receive, hold,
 2845  invest, and administer, in its own name, securities, funds,
 2846  objects of value, or other property, real or personal property;
 2847  and to make expenditures to or for the direct or indirect
 2848  benefit of the Department of Juvenile Justice or the juvenile
 2849  justice system operated by a county commission or a circuit
 2850  board;
 2851         (c) Determined by the Department of Juvenile Justice to be
 2852  consistent with the goals of the juvenile justice system, in the
 2853  best interest of the state, and in accordance with the adopted
 2854  goals and mission of the Department of Juvenile Justice.
 2855  
 2856  Expenditures of the organization shall be expressly used for the
 2857  prevention and amelioration of to prevent and ameliorate
 2858  juvenile delinquency. Such funds The expenditures of the direct
 2859  support organization may not be used for the purpose of lobbying
 2860  as defined in s. 11.045.
 2861         (4) USE OF PROPERTY.—The department may allow permit,
 2862  without charge, appropriate use of fixed property, and
 2863  facilities, and personnel services of the juvenile justice
 2864  system by the direct-support organization, subject to the
 2865  provisions of this section. For the purposes of this subsection,
 2866  the term “personnel services includes full-time or part-time
 2867  personnel as well as payroll processing services.
 2868         (a) The department may prescribe any condition with which
 2869  the direct-support organization must comply in order to use
 2870  fixed property or facilities of the juvenile justice system.
 2871         (b) The department may not permit the use of any fixed
 2872  property or facilities of the juvenile justice system by the
 2873  direct-support organization if it does not provide equal
 2874  membership and employment opportunities to all persons
 2875  regardless of race, color, religion, sex, age, or national
 2876  origin.
 2877         (c) The department shall adopt rules prescribing the
 2878  procedures by which the direct-support organization is governed
 2879  and any conditions with which a direct-support organization must
 2880  comply to use property or facilities of the department.
 2881         Section 37. Section 985.682, Florida Statutes, is amended
 2882  to read:
 2883         985.682 Siting of facilities; study; criteria.—
 2884         (1) The department is directed to conduct or contract for a
 2885  statewide comprehensive study to determine current and future
 2886  needs for all types of facilities for children committed to the
 2887  custody, care, or supervision of the department under this
 2888  chapter.
 2889         (2) The study shall assess, rank, and designate appropriate
 2890  sites, and shall be reflective of the different purposes and
 2891  uses for all facilities, based upon the following criteria:
 2892         (a) Current and future estimates of children originating
 2893  from each county;
 2894         (b) Current and future estimates of types of delinquent
 2895  acts committed in each county;
 2896         (c) Geographic location of existing facilities;
 2897         (d) Availability of personnel within the local labor
 2898  market;
 2899         (e) Current capacity of facilities in the area;
 2900         (f) Total usable and developable acreage of various sites
 2901  based upon the use and purpose of the facility;
 2902         (g) Accessibility of each site to existing utility,
 2903  transportation, law enforcement, health care, fire protection,
 2904  refuse collection, water, and sewage disposal services;
 2905         (h) Susceptibility of each site to flooding hazards or
 2906  other adverse natural environmental consequences;
 2907         (i) Site location in relation to desirable and undesirable
 2908  proximity to other public facilities, including schools;
 2909         (j) Patterns of residential growth and projected population
 2910  growth; and
 2911         (k) Such other criteria as the department, in conjunction
 2912  with local governments, deems appropriate.
 2913         (3) The department shall recommend certification of the
 2914  study by the Governor and Cabinet within 2 months after its
 2915  receipt.
 2916         (4) Upon certification of the study by the Governor and
 2917  Cabinet, the department shall notify those counties designated
 2918  as being in need of a facility.
 2919         (1)(5) When the department or a contracted provider
 2920  proposes a site for a juvenile justice facility, the department
 2921  or provider shall request that the local government having
 2922  jurisdiction over such proposed site determine whether or not
 2923  the proposed site is appropriate for public use under local
 2924  government comprehensive plans, local land use ordinances, local
 2925  zoning ordinances or regulations, and other local ordinances in
 2926  effect at the time of such request. If no such determination is
 2927  made within 90 days after the request, it is shall be presumed
 2928  that the proposed site is in compliance with such plans,
 2929  ordinances, or regulations.
 2930         (2)(6) If the local government determines within 90 days
 2931  after the request that construction of a facility on the
 2932  proposed site does not comply with any such plan, ordinance, or
 2933  regulation, the department may request a modification of such
 2934  plan, ordinance, or regulation without having an ownership
 2935  interest in such property. For the purposes of this section,
 2936  modification includes, but is not limited to, a variance,
 2937  rezoning, special exception, or any other action of the local
 2938  government having jurisdiction over the proposed site which
 2939  would authorize siting of a facility.
 2940         (3)(7) Upon receipt of a request for modification from the
 2941  department, the local government may recommend and hold a public
 2942  hearing on the request for modification in the same manner as
 2943  for a rezoning as provided under the appropriate special or
 2944  local law or ordinance, except that such proceeding shall be
 2945  recorded by tape or by a certified court reporter and made
 2946  available for transcription at the expense of any interested
 2947  party.
 2948         (4)(8)If When the department requests such a modification
 2949  and it is denied by the local government, the local government
 2950  or the department shall initiate the dispute resolution process
 2951  established under s. 186.509 to reconcile differences on the
 2952  siting of correctional facilities between the department, local
 2953  governments, and private citizens. If the regional planning
 2954  council has not established a dispute resolution process
 2955  pursuant to s. 186.509, the department shall establish, by rule,
 2956  procedures for dispute resolution. The dispute resolution
 2957  process must shall require the parties to commence meetings to
 2958  reconcile their differences. If the parties fail to resolve
 2959  their differences within 30 days after the denial, they the
 2960  parties shall engage in voluntary mediation or a similar
 2961  process. If the parties fail to resolve their differences by
 2962  mediation within 60 days after the denial, or if no action is
 2963  taken on the department’s request within 90 days after the
 2964  request, the department must appeal the decision of the local
 2965  government on the requested modification of local plans,
 2966  ordinances, or regulations to the Governor and Cabinet. A Any
 2967  dispute resolution process initiated under this section must
 2968  conform to the time limitations set forth in this subsection
 2969  herein. However, upon agreement of all parties, the time limits
 2970  may be extended, but in no event may the dispute resolution
 2971  process may not extend beyond over 180 days.
 2972         (5)(9) The Governor and Cabinet shall consider the
 2973  following when determining whether to grant the appeal from the
 2974  decision of the local government on the requested modification:
 2975         (a) The record of the proceedings before the local
 2976  government.
 2977         (b) Reports and studies by any other agency relating to
 2978  matters within the jurisdiction of such agency which may be
 2979  potentially affected by the proposed site.
 2980         (c) The statewide study, as established in subsection (1);
 2981  other Existing studies; reports and information maintained by
 2982  the department as the Governor and Cabinet may request
 2983  addressing the feasibility and availability of alternative sites
 2984  in the general area; and the need for a facility in the area
 2985  based on the average number of petitions, commitments, and
 2986  transfers into the criminal court from the county to state
 2987  facilities for the 3 most recent 3 calendar years.
 2988         (6)(10) The Governor and Cabinet, upon determining that the
 2989  local government has not recommended a no feasible alternative
 2990  site and that the interests of the state in providing facilities
 2991  outweigh the concerns of the local government, shall authorize
 2992  construction and operation of a facility on the proposed site
 2993  notwithstanding any local plan, ordinance, or regulation.
 2994         (7)(11) The Governor and Cabinet may adopt rules of
 2995  procedure to govern these proceedings in accordance with the
 2996  provisions of s. 120.54.
 2997         (8)(12) Actions taken by the department or the Governor and
 2998  Cabinet pursuant to this section are not shall not be subject to
 2999  the provisions of ss. 120.56, 120.569, and 120.57. The decision
 3000  by the Governor and Cabinet is shall be subject to judicial
 3001  review pursuant to s. 120.68 in the District Court of Appeal,
 3002  First District.
 3003         (9)(13) All other departments and agencies of the state
 3004  shall cooperate fully with the department to accomplish the
 3005  siting of facilities for juvenile offenders.
 3006         (10)(14) It is the intent of the Legislature to expedite
 3007  the siting of, acquisition of land for, and construction by the
 3008  Department of Juvenile Justice of state juvenile justice
 3009  facilities operated by the department or a private vendor under
 3010  contract with the department. Other agencies shall cooperate
 3011  with the department and expeditiously fulfill their
 3012  responsibilities to avoid unnecessary delay in the siting of,
 3013  acquisition of land for, and construction of state juvenile
 3014  justice facilities. This section and all other laws of the state
 3015  shall be construed to accomplish this intent. This section takes
 3016  shall take precedence over any other law to the contrary.
 3017         (11)(15)(a) The department shall acquire land and erect
 3018  juvenile justice facilities necessary to accommodate children
 3019  committed to the custody, care, or supervision of the
 3020  department, and shall make additional alterations to facilities
 3021  to accommodate any increase in the number of children. The
 3022  department shall establish adequate accommodations for staff of
 3023  the department who are required to reside continuously within
 3024  the facilities.
 3025         (b) Notwithstanding s. 255.25(1) and contingent upon
 3026  available funds, the department may enter into lease-purchase
 3027  agreements to provide juvenile justice facilities for housing
 3028  committed youths, contingent upon available funds. The
 3029  facilities provided through such agreements must meet the
 3030  program plan and specifications of the department. The
 3031  department may enter into such lease agreements with private
 3032  corporations and other governmental entities. However, with the
 3033  exception of contracts entered into with other governmental
 3034  entities, and notwithstanding s. 255.25(3)(a), a lease agreement
 3035  may not be entered into except upon advertisement for the
 3036  receipt of competitive bids and award to the lowest and best
 3037  bidder except if contracting with other governmental entities.
 3038         (c) A lease-purchase agreement that is for a term extending
 3039  beyond the end of a fiscal year is subject to the provisions of
 3040  s. 216.311.
 3041         (12)(16)(a) Notwithstanding s. 253.025 or s. 287.057, if
 3042  when the department finds it necessary for timely site
 3043  acquisition, it may contract, without using the competitive
 3044  selection procedure, with an appraiser whose name is on the list
 3045  of approved appraisers maintained by the Division of State Lands
 3046  of the Department of Environmental Protection under s.
 3047  253.025(6)(b). If When the department directly contracts for
 3048  appraisal services, it must contract with an approved appraiser
 3049  who is not employed by the same appraisal firm for review
 3050  services.
 3051         (b) Notwithstanding s. 253.025(6), the department may
 3052  negotiate and enter into an option contract before an appraisal
 3053  is obtained. The option contract must state that the final
 3054  purchase price may not exceed the maximum value allowed by law.
 3055  The consideration for such an option contract may not exceed 10
 3056  percent of the estimate obtained by the department or 10 percent
 3057  of the value of the parcel, whichever amount is greater.
 3058         (c) This subsection applies only to a purchase or
 3059  acquisition of land for juvenile justice facilities. This
 3060  subsection does not modify the authority of the Board of
 3061  Trustees of the Internal Improvement Trust Fund or the Division
 3062  of State Lands of the Department of Environmental Protection to
 3063  approve any contract for purchase of state lands as provided by
 3064  law or to require policies and procedures to obtain clear legal
 3065  title to parcels purchased for state purposes.
 3066         (13)(17) The department may sell, to the best possible
 3067  advantage, any detached parcels of land belonging to the bodies
 3068  of land purchased for the state juvenile justice facilities. The
 3069  department may purchase any parcel of land contiguous with the
 3070  lands purchased for state juvenile justice facilities.
 3071         (14)(18) The department may begin preliminary site
 3072  preparation and obtain the appropriate permits for the
 3073  construction of a juvenile justice facility after approval of
 3074  the lease-purchase agreement or option contract by the Board of
 3075  Trustees of the Internal Improvement Trust Fund of the lease
 3076  purchase agreement or option contract if, in the department
 3077  determines that department’s discretion, commencing construction
 3078  is in the best interests of the state.
 3079         (15)(19)If Insofar as the provisions of this section is
 3080  are inconsistent with the provisions of any other general,
 3081  special, or local law, general, special, or local, the
 3082  provisions of this section is are controlling. Additionally, the
 3083  criteria and procedures established under set forth in this
 3084  section supersede and are in lieu of any review and approval
 3085  required by s. 380.06.
 3086         Section 38. Section 985.69, Florida Statutes, is amended to
 3087  read:
 3088         985.69 Repair and maintenance One-time startup funding for
 3089  juvenile justice purposes.—Funds from juvenile justice
 3090  appropriations may be used utilized as one-time startup funding
 3091  for juvenile justice purposes that include, but are not limited
 3092  to, remodeling or renovation of existing facilities,
 3093  construction costs, leasing costs, purchase of equipment and
 3094  furniture, site development, and other necessary and reasonable
 3095  costs associated with the repair and maintenance startup of
 3096  facilities or programs.
 3097         Section 39. Section 985.694, Florida Statutes, is repealed.
 3098         Section 40. Paragraph (a) of subsection (1) of section
 3099  985.701, Florida Statutes, is reordered and amended to read:
 3100         985.701 Sexual misconduct prohibited; reporting required;
 3101  penalties.—
 3102         (1)(a)1. As used in this section subsection, the term:
 3103         c.a. “Sexual misconduct” means fondling the genital area,
 3104  groin, inner thighs, buttocks, or breasts of a person; the oral,
 3105  anal, or vaginal penetration by or union with the sexual organ
 3106  of another; or the anal or vaginal penetration of another by any
 3107  other object. The term does not include an act done for a bona
 3108  fide medical purpose or an internal search conducted in the
 3109  lawful performance of duty by an employee of the department or
 3110  an employee of a provider under contract with the department.
 3111         a.b. “Employee” means a includes paid staff member members,
 3112  a volunteer volunteers, or an intern and interns who works work
 3113  in a department program or a program operated by a provider
 3114  under a contract.
 3115         b. “Juvenile offender” means a person of any age who is
 3116  detained or supervised by, or committed to the custody of, the
 3117  department.
 3118         2. An employee who engages in sexual misconduct with a
 3119  juvenile offender detained or supervised by, or committed to the
 3120  custody of, the department commits a felony of the second
 3121  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3122  775.084. An employee may be found guilty of violating this
 3123  subsection without having committed the crime of sexual battery.
 3124         3. The consent of the juvenile offender to any act of
 3125  sexual misconduct is not a defense to prosecution under this
 3126  subsection.
 3127         4. This subsection does not apply to an employee of the
 3128  department, or an employee of a provider under contract with the
 3129  department, who:
 3130         a. Is legally married to a juvenile offender who is
 3131  detained or supervised by, or committed to the custody of, the
 3132  department.
 3133         b. Has no reason to believe that the person with whom the
 3134  employee engaged in sexual misconduct is a juvenile offender
 3135  detained or supervised by, or committed to the custody of, the
 3136  department.
 3137         Section 41. Section 985.702, Florida Statutes, is created
 3138  to read:
 3139         985.702 Willful and malicious neglect of a juvenile
 3140  offender prohibited; reporting required; penalties.—
 3141         (1) As used in this section, the term:
 3142         (a) “Employee” means a paid staff member, volunteer, or
 3143  intern who works in a department program or a program operated
 3144  by a provider under a contract with the department.
 3145         (b) “Juvenile offender” means a person of any age who is
 3146  detained by, or committed to the custody of, the department.
 3147         (c) “Neglect” means:
 3148         1. An employee’s failure or omission to provide a juvenile
 3149  offender with the proper level of care, supervision, and
 3150  services necessary to maintain the juvenile offender’s physical
 3151  and mental health, including, but not limited to, adequate food,
 3152  nutrition, clothing, shelter, supervision, medicine, and medical
 3153  services; or
 3154         2. An employee’s failure to make a reasonable effort to
 3155  protect a juvenile offender from abuse, neglect, or exploitation
 3156  by another person.
 3157         (2)(a) An employee who willfully and maliciously neglects a
 3158  juvenile offender without causing great bodily harm, permanent
 3159  disability, or permanent disfigurement to a juvenile offender,
 3160  commits a felony of the third degree, punishable as provided in
 3161  s. 775.082, s. 775.083, or s. 775.084.
 3162         (b) An employee who willfully and maliciously neglects a
 3163  juvenile offender and in so doing causes great bodily harm,
 3164  permanent disability, or permanent disfigurement to a juvenile
 3165  offender, commits a felony of the second degree, punishable as
 3166  provided in s. 775.082, s. 775.083, or s. 775.084.
 3167         (c) Notwithstanding prosecution, any violation of paragraph
 3168  (a) or paragraph (b), as determined by the Public Employees
 3169  Relations Commission, constitutes sufficient cause under s.
 3170  110.227 for dismissal from employment with the department, and a
 3171  person who commits such violation may not again be employed in
 3172  any capacity in connection with the juvenile justice system.
 3173         (3) An employee who witnesses the neglect of a juvenile
 3174  offender shall immediately report the incident to the
 3175  department’s incident hotline and prepare, date, and sign an
 3176  independent report that specifically describes the nature of the
 3177  incident, the location and time of the incident, and the persons
 3178  involved. The employee shall deliver the report to the
 3179  employee’s supervisor or program director, who must provide
 3180  copies to the department’s inspector general and the circuit
 3181  juvenile justice manager. The inspector general shall
 3182  immediately conduct an appropriate administrative investigation,
 3183  and, if there is probable cause to believe that a violation of
 3184  subsection (2) has occurred, the inspector general shall notify
 3185  the state attorney in the circuit in which the incident
 3186  occurred.
 3187         (4)(a) A person who is required to prepare a report under
 3188  this section and who knowingly or willfully fails to do so, or
 3189  who knowingly or willfully prevents another person from doing
 3190  so, commits a misdemeanor of the first degree, punishable as
 3191  provided in s. 775.082 or s. 775.083.
 3192         (b)A person who knowingly or willfully submits inaccurate,
 3193  incomplete, or untruthful information with respect to a report
 3194  required under this section commits a misdemeanor of the first
 3195  degree, punishable as provided in s. 775.082 or s. 775.083.
 3196         (c)A person who knowingly or willfully coerces or
 3197  threatens any other person with the intent to alter testimony or
 3198  a written report regarding the neglect of a juvenile offender
 3199  commits a felony of the third degree, punishable as provided in
 3200  s. 775.082, s. 775.083, or s. 775.084.
 3201         Section 42. Paragraphs (c) and (f) of subsection (3) of
 3202  section 943.0582, Florida Statutes, are amended to read:
 3203         943.0582 Prearrest, postarrest, or teen court diversion
 3204  program expunction.—
 3205         (3) The department shall expunge the nonjudicial arrest
 3206  record of a minor who has successfully completed a prearrest or
 3207  postarrest diversion program if that minor:
 3208         (c) Submits to the department, with the application, an
 3209  official written statement from the state attorney for the
 3210  county in which the arrest occurred certifying that he or she
 3211  has successfully completed that county’s prearrest or postarrest
 3212  diversion program, that his or her participation in the program
 3213  was based on an arrest for a nonviolent misdemeanor, and that he
 3214  or she has not otherwise been charged by the state attorney with
 3215  or found to have committed any criminal offense or comparable
 3216  ordinance violation.
 3217         (f) Has never, prior to filing the application for
 3218  expunction, been charged by the state attorney with or been
 3219  found to have committed any criminal offense or comparable
 3220  ordinance violation.
 3221         Section 43. Section 945.75, Florida Statutes, is repealed.
 3222         Section 44. Paragraphs (e) through (i) of subsection (2),
 3223  paragraphs (g) and (k) of subsection (3), paragraph (b) of
 3224  subsection (5), paragraph (d) of subsection (8), and paragraph
 3225  (c) of subsection (10) of section 121.0515, Florida Statutes,
 3226  are amended to read:
 3227         121.0515 Special Risk Class.—
 3228         (2) MEMBERSHIP.—
 3229         (e) Effective July 1, 2001, “special risk member” includes
 3230  any member who is employed as a youth custody officer by the
 3231  Department of Juvenile Justice and meets the special criteria
 3232  set forth in paragraph (3)(g).
 3233         (e)(f) Effective October 1, 2005, through June 30, 2008,
 3234  the member must be employed by a law enforcement agency or
 3235  medical examiner’s office in a forensic discipline and meet the
 3236  special criteria set forth in paragraph (3)(g) (3)(h).
 3237         (f)(g) Effective July 1, 2008, the member must be employed
 3238  by the Department of Law Enforcement in the crime laboratory or
 3239  by the Division of State Fire Marshal in the forensic laboratory
 3240  and meet the special criteria set forth in paragraph (3)(h)
 3241  (3)(i).
 3242         (g)(h) Effective July 1, 2008, the member must be employed
 3243  by a local government law enforcement agency or medical
 3244  examiner’s office and meet the special criteria set forth in
 3245  paragraph (3)(i) (3)(j).
 3246         (h)(i) Effective August 1, 2008, “special risk member”
 3247  includes any member who meets the special criteria for continued
 3248  membership set forth in paragraph (3)(j) (3)(k).
 3249         (3) CRITERIA.—A member, to be designated as a special risk
 3250  member, must meet the following criteria:
 3251         (g) Effective July 1, 2001, the member must be employed as
 3252  a youth custody officer and be certified, or required to be
 3253  certified, in compliance with s. 943.1395. In addition, the
 3254  member’s primary duties and responsibilities must be the
 3255  supervised custody, surveillance, control, investigation,
 3256  apprehension, arrest, and counseling of assigned juveniles
 3257  within the community;
 3258         (j)(k) The member must have already qualified for and be
 3259  actively participating in special risk membership under
 3260  paragraph (a), paragraph (b), or paragraph (c), must have
 3261  suffered a qualifying injury as defined in this paragraph, must
 3262  not be receiving disability retirement benefits as provided in
 3263  s. 121.091(4), and must satisfy the requirements of this
 3264  paragraph.
 3265         1. The ability to qualify for the class of membership
 3266  defined in paragraph (2)(h) (2)(i) occurs when two licensed
 3267  medical physicians, one of whom is a primary treating physician
 3268  of the member, certify the existence of the physical injury and
 3269  medical condition that constitute a qualifying injury as defined
 3270  in this paragraph and that the member has reached maximum
 3271  medical improvement after August 1, 2008. The certifications
 3272  from the licensed medical physicians must include, at a minimum,
 3273  that the injury to the special risk member has resulted in a
 3274  physical loss, or loss of use, of at least two of the following:
 3275  left arm, right arm, left leg, or right leg; and:
 3276         a. That this physical loss or loss of use is total and
 3277  permanent, except if the loss of use is due to a physical injury
 3278  to the member’s brain, in which event the loss of use is
 3279  permanent with at least 75 percent loss of motor function with
 3280  respect to each arm or leg affected.
 3281         b. That this physical loss or loss of use renders the
 3282  member physically unable to perform the essential job functions
 3283  of his or her special risk position.
 3284         c. That, notwithstanding this physical loss or loss of use,
 3285  the individual can perform the essential job functions required
 3286  by the member’s new position, as provided in subparagraph 3.
 3287         d. That use of artificial limbs is not possible or does not
 3288  alter the member’s ability to perform the essential job
 3289  functions of the member’s position.
 3290         e. That the physical loss or loss of use is a direct result
 3291  of a physical injury and not a result of any mental,
 3292  psychological, or emotional injury.
 3293         2. For the purposes of this paragraph, “qualifying injury”
 3294  means an injury sustained in the line of duty, as certified by
 3295  the member’s employing agency, by a special risk member that
 3296  does not result in total and permanent disability as defined in
 3297  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 3298  is a physical injury to the member’s physical body resulting in
 3299  a physical loss, or loss of use, of at least two of the
 3300  following: left arm, right arm, left leg, or right leg.
 3301  Notwithstanding any other provision of this section, an injury
 3302  that would otherwise qualify as a qualifying injury is not
 3303  considered a qualifying injury if and when the member ceases
 3304  employment with the employer for whom he or she was providing
 3305  special risk services on the date the injury occurred.
 3306         3. The new position, as described in sub-subparagraph 1.c.,
 3307  that is required for qualification as a special risk member
 3308  under this paragraph is not required to be a position with
 3309  essential job functions that entitle an individual to special
 3310  risk membership. Whether a new position as described in sub
 3311  subparagraph 1.c. exists and is available to the special risk
 3312  member is a decision to be made solely by the employer in
 3313  accordance with its hiring practices and applicable law.
 3314         4. This paragraph does not grant or create additional
 3315  rights for any individual to continued employment or to be hired
 3316  or rehired by his or her employer that are not already provided
 3317  within the Florida Statutes, the State Constitution, the
 3318  Americans with Disabilities Act, if applicable, or any other
 3319  applicable state or federal law.
 3320         (5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
 3321         (b) Any member who is a special risk member on July 1,
 3322  2008, and who became eligible to participate under paragraph
 3323  (3)(g) (3)(h) but fails to meet the criteria for Special Risk
 3324  Class membership established by paragraph (3)(h) (3)(i) or
 3325  paragraph (3)(i) (3)(j) shall have his or her special risk
 3326  designation removed and thereafter shall be a Regular Class
 3327  member and earn only Regular Class membership credit. The
 3328  department may review the special risk designation of members to
 3329  determine whether or not those members continue to meet the
 3330  criteria for Special Risk Class membership.
 3331         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
 3332         (d) Notwithstanding any other provision of this subsection,
 3333  this subsection does not apply to any special risk member who
 3334  qualifies for continued membership pursuant to paragraph (3)(j)
 3335  (3)(k).
 3336         (10) CREDIT FOR UPGRADED SERVICE.—
 3337         (c) Any member of the Special Risk Class who has earned
 3338  creditable service through June 30, 2008, in another membership
 3339  class of the Florida Retirement System in a position with the
 3340  Department of Law Enforcement or the Division of State Fire
 3341  Marshal and became covered by the Special Risk Class as
 3342  described in paragraph (3)(h) (3)(i), or with a local government
 3343  law enforcement agency or medical examiner’s office and became
 3344  covered by the Special Risk Class as described in paragraph
 3345  (3)(i) (3)(j), which service is within the purview of the
 3346  Special Risk Class, and is employed in such position on or after
 3347  July 1, 2008, may purchase additional retirement credit to
 3348  upgrade such service to Special Risk Class service, to the
 3349  extent of the percentages of the member’s average final
 3350  compensation provided in s. 121.091(1)(a)2. The cost for such
 3351  credit must be an amount representing the actuarial accrued
 3352  liability for the difference in accrual value during the
 3353  affected period of service. The cost shall be calculated using
 3354  the discount rate and other relevant actuarial assumptions that
 3355  were used to value the Florida Retirement System Pension Plan
 3356  liabilities in the most recent actuarial valuation. The division
 3357  shall ensure that the transfer sum is prepared using a formula
 3358  and methodology certified by an enrolled actuary. The cost must
 3359  be paid immediately upon notification by the division. The local
 3360  government employer may purchase the upgraded service credit on
 3361  behalf of the member if the member has been employed by that
 3362  employer for at least 3 years.
 3363         Section 45. Subsection (5) of section 985.045, Florida
 3364  Statutes, is amended to read:
 3365         985.045 Court records.—
 3366         (5) This chapter does not prohibit a circuit court from
 3367  providing a restitution order containing the information
 3368  prescribed in s. 985.0301(5)(e) s. 985.0301(5)(h) to a
 3369  collection court or a private collection agency for the sole
 3370  purpose of collecting unpaid restitution ordered in a case in
 3371  which the circuit court has retained jurisdiction over the child
 3372  and the child’s parent or legal guardian. The collection court
 3373  or private collection agency shall maintain the confidential
 3374  status of the information to the extent such confidentiality is
 3375  provided by law.
 3376         Section 46. Section 985.721, Florida Statutes, is amended
 3377  to read:
 3378         985.721 Escapes from secure detention or residential
 3379  commitment facility.—An escape from:
 3380         (1) Any secure detention facility maintained for the
 3381  temporary detention of children, pending adjudication,
 3382  disposition, or placement;
 3383         (2) Any residential commitment facility described in s.
 3384  985.03(41) s. 985.03(46), maintained for the custody, treatment,
 3385  punishment, or rehabilitation of children found to have
 3386  committed delinquent acts or violations of law; or
 3387         (3) Lawful transportation to or from any such secure
 3388  detention facility or residential commitment facility,
 3389  
 3390  constitutes escape within the intent and meaning of s. 944.40
 3391  and is a felony of the third degree, punishable as provided in
 3392  s. 775.082, s. 775.083, or s. 775.084.
 3393         Section 47. This act shall take effect July 1, 2014.