Florida Senate - 2022 SENATOR AMENDMENT
Bill No. CS for HB 7029
Senate . House
Floor: 1/F/3R .
03/07/2022 10:20 AM .
Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
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
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
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
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete line 23
79 and insert:
80 electronic monitoring; providing construction;
81 providing an effective date.