Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 7029
       
       
       
       
       
       
                                Ì826086?Î826086                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/04/2022 10:27 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 83 - 148
    4  and insert:
    5  involving a weapon used violence against another any individual.
    6  The court may continue to extend the period of secure detention
    7  care in increments of up to 21 days each by conducting a hearing
    8  before the expiration of the current period to determine the
    9  need for continued secure detention of the child. At the
   10  hearing, the court shall make the required findings in writing
   11  to extend the period of secure detention. If the court extends
   12  the time period for secure detention care, it must ensure an
   13  adjudicatory hearing for the case commences as soon as is
   14  reasonably possible considering the totality of the
   15  circumstances. The court shall prioritize the efficient
   16  disposition of cases in which the child has served 60 or more
   17  days in secure detention care.
   18         (c) A prolific juvenile offender under s. 985.255(1)(f)
   19  shall be placed on supervised release detention care with
   20  electronic monitoring or in secure detention care under a
   21  special detention order until disposition. If secure detention
   22  care is ordered by the court, it must be authorized under this
   23  part and may not exceed:
   24         1. Twenty-one days unless an adjudicatory hearing for the
   25  case has been commenced in good faith by the court or the period
   26  is extended by the court pursuant to paragraph (b); or
   27         2. Fifteen days after the entry of an order of
   28  adjudication.
   29  
   30  As used in this paragraph, the term “disposition” means a
   31  declination to file under s. 985.15(1)(h), the entry of nolle
   32  prosequi for the charges, the filing of an indictment under s.
   33  985.56 or an information under s. 985.557, a dismissal of the
   34  case, or an order of final disposition by the court.
   35         (d) A prolific juvenile offender under s. 985.255(1)(f) who
   36  is taken into custody for a violation of the conditions of his
   37  or her supervised release detention must be held in secure
   38  detention until a detention hearing is held.
   39         (3) Except as provided in subsection (2), a child may not
   40  be held in detention care for more than 15 days after following
   41  the entry of an order of adjudication.
   42         (4)(a) The time limits in subparagraph (2)(a)2. subsections
   43  (2) and subsection (3) do not include periods of delay resulting
   44  from a continuance granted by the court for cause on motion of
   45  the child or his or her counsel or of the state. Upon the
   46  issuance of an order granting a continuance for cause on a
   47  motion by either the child, the child’s counsel, or the state,
   48  the court shall conduct a hearing at the end of each 72-hour
   49  period, excluding Saturdays, Sundays, and legal holidays, to
   50  determine the need for continued secure detention of the child
   51  and the need for further continuance of proceedings for the
   52  child or the state.
   53         (b) The period for supervised release detention care under
   54  this section is tolled on the date that the department or a law
   55  enforcement officer alleges that the child has violated a
   56  condition of the child’s supervised release detention care until
   57  the court enters a ruling on the violation. Notwithstanding the
   58  tolling of supervised release detention care, the court retains
   59  jurisdiction over the child for a violation of a condition of
   60  supervised release detention care during the tolling period. If
   61  the court finds that a child has violated his or her supervised
   62  release detention care, the number of days that the child served
   63  in any type of detention care before commission of the violation
   64  shall be excluded from the time limits under subsections (2) and
   65  (3).
   66         (7) Any electronic monitoring ordered by a court as a
   67  condition of supervised release detention care under this
   68  section may be supervised by the department, a law enforcement
   69  agency, or the department and a law enforcement agency working
   70  in partnership. However, this subsection does not require a law
   71  enforcement agency to supervise a child placed on electronic
   72  monitoring, and it does not authorize a law enforcement agency
   73  to charge a child, or a child’s parent or guardian, for
   74  electronic