Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for HB 1181
Ì498472BÎ498472
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AE/2R . Floor: C
03/07/2024 05:57 PM . 03/07/2024 09:11 PM
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Senator Rouson moved the following:
1 Senate Substitute for Amendment (374600) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (4) of section 790.115, Florida
7 Statutes, is amended to read:
8 790.115 Possessing or discharging weapons or firearms at a
9 school-sponsored event or on school property prohibited;
10 penalties; exceptions.—
11 (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
12 any minor under 18 years of age who is charged under this
13 section with possessing or discharging a firearm on school
14 property shall be detained in secure detention, unless the state
15 attorney authorizes the release of the minor, and shall be given
16 a probable cause hearing within 24 hours after being taken into
17 custody. At the hearing, the court may order that the minor
18 continue to be held in secure detention for a period of 21 days,
19 during which time the minor shall receive medical, psychiatric,
20 psychological, or substance abuse examinations pursuant to s.
21 985.18, and a written report shall be completed.
22 Section 2. Subsections (1), (5), (8), (9), and (10) of
23 section 790.22, Florida Statutes, are amended, and subsection
24 (3) of that section is republished, to read:
25 790.22 Use of BB guns, air or gas-operated guns, or
26 electric weapons or devices by minor under 16; limitation;
27 possession of firearms by minor under 18 prohibited; penalties.—
28 (1) The use for any purpose whatsoever of BB guns, air or
29 gas-operated guns, or electric weapons or devices, by any minor
30 under the age of 16 years is prohibited unless such use is under
31 the supervision and in the presence of an adult who is acting
32 with the consent of the minor’s parent or guardian.
33 (3) A minor under 18 years of age may not possess a
34 firearm, other than an unloaded firearm at his or her home,
35 unless:
36 (a) The minor is engaged in a lawful hunting activity and
37 is:
38 1. At least 16 years of age; or
39 2. Under 16 years of age and supervised by an adult.
40 (b) The minor is engaged in a lawful marksmanship
41 competition or practice or other lawful recreational shooting
42 activity and is:
43 1. At least 16 years of age; or
44 2. Under 16 years of age and supervised by an adult who is
45 acting with the consent of the minor’s parent or guardian.
46 (c) The firearm is unloaded and is being transported by the
47 minor directly to or from an event authorized in paragraph (a)
48 or paragraph (b).
49 (5)(a) A minor who violates subsection (3):
50 1. For a first offense, commits a misdemeanor of the first
51 degree; for a first offense, shall may serve a period of
52 detention of up to 5 days in a secure detention facility, with
53 credit for time served in secure detention prior to disposition,
54 and; and, in addition to any other penalty provided by law,
55 shall be required to perform 100 hours of community service or
56 paid work as determined by the department.; and:
57 1. If the minor is eligible by reason of age for a driver
58 license or driving privilege, the court may direct the
59 Department of Highway Safety and Motor Vehicles to revoke or to
60 withhold issuance of the minor’s driver license or driving
61 privilege for up to 1 year.
62 2. If the minor’s driver license or driving privilege is
63 under suspension or revocation for any reason, the court may
64 direct the Department of Highway Safety and Motor Vehicles to
65 extend the period of suspension or revocation by an additional
66 period of up to 1 year.
67 3. If the minor is ineligible by reason of age for a driver
68 license or driving privilege, the court may direct the
69 Department of Highway Safety and Motor Vehicles to withhold
70 issuance of the minor’s driver license or driving privilege for
71 up to 1 year after the date on which the minor would otherwise
72 have become eligible.
73 2.(b) For a second or subsequent offense, a minor who
74 violates subsection (3) commits a felony of the third degree.
75 For a second offense, the minor and shall serve a period of
76 detention of up to 21 days in a secure detention facility, with
77 credit for time served in secure detention prior to disposition,
78 and shall be required to perform not less than 100 nor more than
79 250 hours of community service or paid work as determined by the
80 department. For a third or subsequent offense, the minor shall
81 be adjudicated delinquent and committed to a residential
82 program. A withhold of adjudication of delinquency shall be
83 considered a prior offense for the purpose of determining a
84 second, third, or subsequent offense., and:
85 (b) In addition to the penalties for a violation of
86 subsection (3):
87 1. If the minor is eligible by reason of age for a driver
88 license or driving privilege, the court may direct the
89 Department of Highway Safety and Motor Vehicles to revoke or to
90 withhold issuance of the minor’s driver license or driving
91 privilege for up to 1 year for a first offense and up to 2 years
92 for a second or subsequent offense.
93 2. If the minor’s driver license or driving privilege is
94 under suspension or revocation for any reason, the court may
95 direct the Department of Highway Safety and Motor Vehicles to
96 extend the period of suspension or revocation by an additional
97 period of up to 1 year for a first offense and up to 2 years for
98 a second or subsequent offense.
99 3. If the minor is ineligible by reason of age for a driver
100 license or driving privilege, the court may direct the
101 Department of Highway Safety and Motor Vehicles to withhold
102 issuance of the minor’s driver license or driving privilege for
103 up to 1 year 2 years after the date on which the minor would
104 otherwise have become eligible and up to 2 years for a second or
105 subsequent offense.
106
107 For the purposes of this subsection, community service shall be
108 performed, if possible, in a manner involving a hospital
109 emergency room or other medical environment that deals on a
110 regular basis with trauma patients and gunshot wounds.
111 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
112 is charged with an offense that involves the use or possession
113 of a firearm, including a violation of subsection (3), or is
114 charged for any offense during the commission of which the minor
115 possessed a firearm, the minor shall be detained in secure
116 detention, unless the state attorney authorizes the release of
117 the minor, and shall be given a hearing within 24 hours after
118 being taken into custody. At the hearing, the court may order
119 that the minor continue to be held in secure detention in
120 accordance with the applicable time periods specified in s.
121 985.26(1)-(5), if the court finds that the minor meets the
122 criteria specified in s. 985.255, or if the court finds by clear
123 and convincing evidence that the minor is a clear and present
124 danger to himself or herself or the community. The Department of
125 Juvenile Justice shall prepare a form for all minors charged
126 under this subsection which states the period of detention and
127 the relevant demographic information, including, but not limited
128 to, the gender, age, and race of the minor; whether or not the
129 minor was represented by private counsel or a public defender;
130 the current offense; and the minor’s complete prior record,
131 including any pending cases. The form shall be provided to the
132 judge for determining whether the minor should be continued in
133 secure detention under this subsection. An order placing a minor
134 in secure detention because the minor is a clear and present
135 danger to himself or herself or the community must be in
136 writing, must specify the need for detention and the benefits
137 derived by the minor or the community by placing the minor in
138 secure detention, and must include a copy of the form provided
139 by the department.
140 (9) Notwithstanding s. 985.245, if the minor is found to
141 have committed an offense that involves the use or possession of
142 a firearm, as defined in s. 790.001, other than a violation of
143 subsection (3), or an offense during the commission of which the
144 minor possessed a firearm, and the minor is not committed to a
145 residential commitment program of the Department of Juvenile
146 Justice, in addition to any other punishment provided by law,
147 the court shall order:
148 (a) For a first offense, that the minor shall serve a
149 minimum period of detention of 15 days in a secure detention
150 facility; and
151 1. Perform 100 hours of community service; and may
152 2. Be placed on community control or in a nonresidential
153 commitment program.
154 (b) For a second or subsequent offense, that the minor
155 shall serve a mandatory period of detention of at least 21 days
156 in a secure detention facility; and
157 1. Perform not less than 100 nor more than 250 hours of
158 community service; and may
159 2. Be placed on community control or in a nonresidential
160 commitment program.
161
162 The minor shall not receive credit for time served before
163 adjudication. For the purposes of this subsection, community
164 service shall be performed, if possible, in a manner involving a
165 hospital emergency room or other medical environment that deals
166 on a regular basis with trauma patients and gunshot wounds.
167 (10) If a minor is found to have committed an offense under
168 subsection (9), the court shall impose the following penalties
169 in addition to any penalty imposed under paragraph (9)(a) or
170 paragraph (9)(b):
171 (a) For a first offense:
172 1. If the minor is eligible by reason of age for a driver
173 license or driving privilege, the court may direct the
174 Department of Highway Safety and Motor Vehicles to revoke or to
175 withhold issuance of the minor’s driver license or driving
176 privilege for up to 1 year.
177 2. If the minor’s driver license or driving privilege is
178 under suspension or revocation for any reason, the court may
179 direct the Department of Highway Safety and Motor Vehicles to
180 extend the period of suspension or revocation by an additional
181 period for up to 1 year.
182 3. If the minor is ineligible by reason of age for a driver
183 license or driving privilege, the court may direct the
184 Department of Highway Safety and Motor Vehicles to withhold
185 issuance of the minor’s driver license or driving privilege for
186 up to 1 year after the date on which the minor would otherwise
187 have become eligible.
188 (b) For a second or subsequent offense:
189 1. If the minor is eligible by reason of age for a driver
190 license or driving privilege, the court may direct the
191 Department of Highway Safety and Motor Vehicles to revoke or to
192 withhold issuance of the minor’s driver license or driving
193 privilege for up to 2 years.
194 2. If the minor’s driver license or driving privilege is
195 under suspension or revocation for any reason, the court may
196 direct the Department of Highway Safety and Motor Vehicles to
197 extend the period of suspension or revocation by an additional
198 period for up to 2 years.
199 3. If the minor is ineligible by reason of age for a driver
200 license or driving privilege, the court may direct the
201 Department of Highway Safety and Motor Vehicles to withhold
202 issuance of the minor’s driver license or driving privilege for
203 up to 2 years after the date on which the minor would otherwise
204 have become eligible.
205 Section 3. Subsection (9) of section 901.15, Florida
206 Statutes, is amended to read:
207 901.15 When arrest by officer without warrant is lawful.—A
208 law enforcement officer may arrest a person without a warrant
209 when:
210 (9) There is probable cause to believe that the person has
211 committed:
212 (a) Any battery upon another person, as defined in s.
213 784.03.
214 (b) An act of criminal mischief or a graffiti-related
215 offense as described in s. 806.13.
216 (c) A violation of a safety zone, security zone, regulated
217 navigation area, or naval vessel protection zone as described in
218 s. 327.461.
219 (d) A racing, street takeover, or stunt driving violation
220 as described in s. 316.191(2).
221 (e) An exposure of sexual organs in violation of s. 800.03.
222 (f) Possession of a firearm by a minor in violation of s.
223 790.22(3).
224 Section 4. Paragraph (d) of subsection (1) of section
225 985.101, Florida Statutes, is amended to read:
226 985.101 Taking a child into custody.—
227 (1) A child may be taken into custody under the following
228 circumstances:
229 (d) By a law enforcement officer who has probable cause to
230 believe that the child is in violation of the conditions of the
231 child’s probation, supervised release detention, postcommitment
232 probation, or conditional release supervision; has absconded
233 from nonresidential commitment; or has escaped from residential
234 commitment.
235
236 Nothing in this subsection shall be construed to allow the
237 detention of a child who does not meet the detention criteria in
238 part V.
239 Section 5. Section 985.12, Florida Statutes, is amended to
240 read:
241 985.12 Prearrest delinquency Civil citation or similar
242 prearrest diversion programs.—
243 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
244 that the creation and implementation of any prearrest
245 delinquency civil citation or similar prearrest diversion
246 programs at the judicial circuit level promotes public safety,
247 aids interagency cooperation, and provides the greatest chance
248 of success for prearrest delinquency civil citation and similar
249 prearrest diversion programs. The Legislature further finds that
250 the widespread use of prearrest delinquency civil citation and
251 similar prearrest diversion programs has a positive effect on
252 the criminal justice system by immediately holding youth
253 accountable for their actions and contributes to an overall
254 reduction in the crime rate and recidivism in the state. The
255 Legislature encourages but does not mandate that counties,
256 municipalities, and public or private educational institutions
257 participate in a prearrest delinquency civil citation or similar
258 prearrest diversion program created by their judicial circuit
259 under this section.
260 (2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR
261 PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND
262 OPERATION.—
263 (a) A prearrest delinquency civil citation or similar
264 prearrest diversion program for misdemeanor offenses shall be
265 established in each judicial circuit in the state. The state
266 attorney and public defender of each circuit, the clerk of the
267 court for each county in the circuit, and representatives of
268 participating law enforcement agencies in the circuit shall
269 create a prearrest delinquency civil citation or similar
270 prearrest diversion program and develop its policies and
271 procedures. In developing the program’s policies and procedures,
272 input from other interested stakeholders may be solicited. The
273 department shall annually develop and provide guidelines on best
274 practice models for prearrest delinquency civil citation or
275 similar prearrest diversion programs to the judicial circuits as
276 a resource.
277 (b) Each judicial circuit’s prearrest delinquency civil
278 citation or similar prearrest diversion program must specify all
279 of the following:
280 1. The misdemeanor offenses that qualify a juvenile for
281 participation in the program. Offenses involving the use or
282 possession of a firearm do not qualify for a prearrest
283 delinquency citation program.;
284 2. The eligibility criteria for the program.;
285 3. The program’s implementation and operation.;
286 4. The program’s requirements, including, but not limited
287 to, the completion of community service hours, payment of
288 restitution, if applicable, classes established by the
289 department or the prearrest delinquency citation program, and
290 intervention services indicated by a needs assessment of the
291 juvenile, approved by the department, such as family counseling,
292 urinalysis monitoring, and substance abuse and mental health
293 treatment services.; and
294 5. A program fee, if any, to be paid by a juvenile
295 participating in the program. If the program imposes a fee, the
296 clerk of the court of the applicable county must receive a
297 reasonable portion of the fee.
298 (c) The state attorney of each circuit shall operate a
299 prearrest delinquency civil citation or similar prearrest
300 diversion program in each circuit. A sheriff, police department,
301 county, municipality, locally authorized entity, or public or
302 private educational institution may continue to operate an
303 independent prearrest delinquency civil citation or similar
304 prearrest diversion program that is in operation as of October
305 1, 2018, if the independent program is reviewed by the state
306 attorney of the applicable circuit and he or she determines that
307 the independent program is substantially similar to the
308 prearrest delinquency civil citation or similar prearrest
309 diversion program developed by the circuit. If the state
310 attorney determines that the independent program is not
311 substantially similar to the prearrest delinquency civil
312 citation or similar prearrest diversion program developed by the
313 circuit, the operator of the independent diversion program may
314 revise the program and the state attorney may conduct an
315 additional review of the independent program. A civil citation
316 or similar prearrest diversion program existing before July 1,
317 2024, shall be deemed a delinquency citation program authorized
318 by this section if the civil citation or similar prearrest
319 diversion program has been approved by the state attorney of the
320 circuit in which it operates and it complies with the
321 requirements in paragraph (2)(b).
322 (d) A judicial circuit may model an existing sheriff’s,
323 police department’s, county’s, municipality’s, locally
324 authorized entity’s, or public or private educational
325 institution’s independent civil citation or similar prearrest
326 diversion program in developing the civil citation or similar
327 prearrest diversion program for the circuit.
328 (d)(e) If a juvenile does not successfully complete the
329 prearrest delinquency civil citation or similar prearrest
330 diversion program, the arresting law enforcement officer shall
331 determine if there is good cause to arrest the juvenile for the
332 original misdemeanor offense and refer the case to the state
333 attorney to determine if prosecution is appropriate or allow the
334 juvenile to continue in the program.
335 (e)(f) Each prearrest delinquency civil citation or similar
336 prearrest diversion program shall enter the appropriate youth
337 data into the Juvenile Justice Information System Prevention Web
338 within 7 days after the admission of the youth into the program.
339 (f)(g) At the conclusion of a juvenile’s prearrest
340 delinquency civil citation or similar prearrest diversion
341 program, the state attorney or operator of the independent
342 program shall report the outcome to the department. The issuance
343 of a prearrest delinquency civil citation or similar prearrest
344 diversion program notice is not considered a referral to the
345 department.
346 (g)(h) Upon issuing a prearrest delinquency civil citation
347 or similar prearrest diversion program notice, the law
348 enforcement officer shall send a copy of the prearrest
349 delinquency civil citation or similar prearrest diversion
350 program notice to the parent or guardian of the child and to the
351 victim.
352 Section 6. Section 985.125, Florida Statutes, is amended to
353 read:
354 985.125 Prearrest or Postarrest diversion programs.—
355 (1) A law enforcement agency or school district, in
356 cooperation with the state attorney, may establish a prearrest
357 or postarrest diversion program.
358 (2) As part of the prearrest or postarrest diversion
359 program, a child who is alleged to have committed a delinquent
360 act may be required to surrender his or her driver license, or
361 refrain from applying for a driver license, for not more than 90
362 days. If the child fails to comply with the requirements of the
363 program, the state attorney may notify the Department of Highway
364 Safety and Motor Vehicles in writing to suspend the child’s
365 driver license for a period that may not exceed 90 days.
366 Section 7. Subsections (5) and (6) of section 985.126,
367 Florida Statutes, are renumbered as subsections (6) and (7),
368 respectively, subsections (3) and (4) of that section are
369 amended, and a new subsection (5) is added to that section, to
370 read:
371 985.126 Prearrest and postarrest diversion programs; data
372 collection; denial of participation or expunged record.—
373 (3)(a) Beginning October 1, 2018, Each diversion program
374 shall submit data to the department which identifies for each
375 minor participating in the diversion program:
376 1. The race, ethnicity, gender, and age of that minor.
377 2. The offense committed, including the specific law
378 establishing the offense.
379 3. The judicial circuit and county in which the offense was
380 committed and the law enforcement agency that had contact with
381 the minor for the offense.
382 4. Other demographic information necessary to properly
383 register a case into the Juvenile Justice Information System
384 Prevention Web, as specified by the department.
385 (b) Beginning October 1, 2018, Each law enforcement agency
386 shall submit to the department data for every minor charged for
387 the first-time, who is charged with a misdemeanor, and who was
388 that identifies for each minor who was eligible for a diversion
389 program, but was instead referred to the department, provided a
390 notice to appear, or arrested:
391 1. The data required pursuant to paragraph (a).
392 2. Whether the minor was offered the opportunity to
393 participate in a diversion program. If the minor was:
394 a. Not offered such opportunity, the reason such offer was
395 not made.
396 b. Offered such opportunity, whether the minor or his or
397 her parent or legal guardian declined to participate in the
398 diversion program.
399 (c) The data required pursuant to paragraph (a) shall be
400 entered into the Juvenile Justice Information System Prevention
401 Web within 7 days after the youth’s admission into the program.
402 (d) The data required pursuant to paragraph (b) shall be
403 submitted on or with the arrest affidavit or notice to appear.
404 (4) Beginning January 1, 2019, The department shall compile
405 and semiannually publish the data required by subsection (3) on
406 the department’s website in a format that is, at a minimum,
407 sortable by judicial circuit, county, law enforcement agency,
408 race, ethnicity, gender, age, and offense committed.
409 (5) The department shall provide a quarterly report to be
410 published on its website and distributed to the Governor,
411 President of the Senate, and Speaker of the House of
412 Representatives listing the entities that use prearrest
413 delinquency citations for less than 70 percent of first-time
414 misdemeanor offenses.
415 Section 8. Subsection (4) of section 985.245, Florida
416 Statutes, is amended to read:
417 985.245 Risk assessment instrument.—
418 (4) For a child who is under the supervision of the
419 department through probation, supervised release detention,
420 conditional release, postcommitment probation, or commitment and
421 who is charged with committing a new offense, the risk
422 assessment instrument may be completed and scored based on the
423 underlying charge for which the child was placed under the
424 supervision of the department.
425 Section 9. Subsection (1) of section 985.25, Florida
426 Statutes, is amended to read:
427 985.25 Detention intake.—
428 (1) The department shall receive custody of a child who has
429 been taken into custody from the law enforcement agency or court
430 and shall review the facts in the law enforcement report or
431 probable cause affidavit and make such further inquiry as may be
432 necessary to determine whether detention care is appropriate.
433 (a) During the period of time from the taking of the child
434 into custody to the date of the detention hearing, the initial
435 decision as to the child’s placement into detention care shall
436 be made by the department under ss. 985.24 and 985.245(1).
437 (b) The department shall base the decision whether to place
438 the child into detention care on an assessment of risk in
439 accordance with the risk assessment instrument and procedures
440 developed by the department under s. 985.245, except that a
441 child shall be placed in secure detention care until the child’s
442 detention hearing if the child meets the criteria specified in
443 s. 985.255(1)(f), is charged with possessing or discharging a
444 firearm on school property in violation of s. 790.115, or is
445 charged with any other offense involving the possession or use
446 of a firearm.
447 (c) If the final score on the child’s risk assessment
448 instrument indicates detention care is appropriate, but the
449 department otherwise determines the child should be released,
450 the department shall contact the state attorney, who may
451 authorize release.
452 (d) If the final score on the risk assessment instrument
453 indicates detention is not appropriate, the child may be
454 released by the department in accordance with ss. 985.115 and
455 985.13.
456 (e) Notwithstanding any other provision of law, a child who
457 is arrested for violating the terms of his or her electronic
458 monitoring supervision or his or her supervised release shall be
459 placed in secure detention until his or her detention hearing.
460 (f) Notwithstanding any other provision of law, a child on
461 probation for an underlying felony firearm offense in chapter
462 790 and who is taken into custody under s. 985.101 for violating
463 conditions of probation not involving a new law violation shall
464 be held in secure detention to allow the state attorney to
465 review the violation. If, within 21 days, the state attorney
466 notifies the court that commitment will be sought, then the
467 child shall remain in secure detention pending proceedings under
468 s. 985.439 until the initial 21-day period of secure detention
469 has expired. Upon motion of the state attorney, the child may be
470 held for an additional 21-day period if the court finds that the
471 totality of the circumstances, including the preservation of
472 public safety, warrants such extension. Any release from secure
473 detention shall result in the child being held on supervised
474 release with electronic monitoring pending proceedings under s.
475 985.439.
476
477 Under no circumstances shall the department or the state
478 attorney or law enforcement officer authorize the detention of
479 any child in a jail or other facility intended or used for the
480 detention of adults, without an order of the court.
481 Section 10. Paragraph (a) of subsection (1) and subsection
482 (3) of section 985.255, Florida Statutes, are amended, and
483 paragraphs (g) and (h) are added to subsection (1) of that
484 section, to read:
485 985.255 Detention criteria; detention hearing.—
486 (1) Subject to s. 985.25(1), a child taken into custody and
487 placed into detention care shall be given a hearing within 24
488 hours after being taken into custody. At the hearing, the court
489 may order a continued detention status if:
490 (a) The result of the risk assessment instrument pursuant
491 to s. 985.245 indicates secure or supervised release detention
492 or the court makes the findings required under paragraph (3)(b).
493 (g) The court finds probable cause at the detention hearing
494 that the child committed one or more of the following offenses:
495 1. Murder in the first degree under s. 782.04(1)(a).
496 2. Murder in the second degree under s. 782.04(2).
497 3. Armed robbery under s. 812.13(2)(a) that involves the
498 use or possession of a firearm as defined in s. 790.001.
499 4. Armed carjacking under s. 812.133(2)(a) that involves
500 the use or possession of a firearm as defined in s. 790.001.
501 5. Having a firearm while committing a felony under s.
502 790.07(2).
503 6. Armed burglary under s. 810.02(2)(b) that involves the
504 use or possession of a firearm as defined in s. 790.001.
505 7. Delinquent in possession of a firearm under s.
506 790.23(1)(b).
507 8. An attempt to commit any offense listed in this
508 paragraph under s. 777.04.
509 (h) For a child who meets the criteria in paragraph (g):
510 1. There is a presumption that the child presents a risk to
511 public safety and danger to the community and such child must be
512 held in secure detention prior to an adjudicatory hearing,
513 unless the court enters a written order that the child would not
514 present a risk to public safety or a danger to the community if
515 he or she were placed on supervised release detention care.
516 2. The written order releasing a child from secure
517 detention must be based on clear and convincing evidence why the
518 child does not present a risk to public safety or a danger to
519 the community and must list the child’s prior adjudications,
520 dispositions, and prior violations of pretrial release orders. A
521 court releasing a child from secure detention under this
522 subparagraph shall place the child on supervised release
523 detention care with electronic monitoring until the child’s
524 adjudicatory hearing.
525 3. If an adjudicatory hearing has not taken place after 60
526 days of secure detention for a child held in secure detention
527 under this paragraph, the court must prioritize the efficient
528 disposition of cases and hold a review hearing within each
529 successive 7-day review period until the adjudicatory hearing or
530 until the child is placed on supervised release with electronic
531 monitoring under subparagraph 2.
532 4. If the court, under this section, releases a child to
533 supervised release detention care, the court must provide a copy
534 of the written order to the victim, to the law enforcement
535 agency that arrested the child, and to the law enforcement
536 agency with primary jurisdiction over the child’s primary
537 residence.
538 (3)(a) The purpose of the detention hearing required under
539 subsection (1) is to determine the existence of probable cause
540 that the child has committed the delinquent act or violation of
541 law that he or she is charged with and the need for continued
542 detention. The court shall consider use the results of the risk
543 assessment performed by the department and, based on the
544 criteria in subsection (1), shall determine the need for
545 continued detention. If the child is a prolific juvenile
546 offender who is detained under s. 985.26(2)(c), the court shall
547 consider use the results of the risk assessment performed by the
548 department and the criteria in subsection (1) or subsection (2)
549 only to determine whether the prolific juvenile offender should
550 be held in secure detention.
551 (b) If The court may order orders a placement more or less
552 restrictive than indicated by the results of the risk assessment
553 instrument, and, if the court does so, shall state, in writing,
554 clear and convincing reasons for such placement.
555 (c) Except as provided in s. 790.22(8) or s. 985.27, when a
556 child is placed into detention care, or into a respite home or
557 other placement pursuant to a court order following a hearing,
558 the court order must include specific instructions that direct
559 the release of the child from such placement no later than 5
560 p.m. on the last day of the detention period specified in s.
561 985.26 or s. 985.27, whichever is applicable, unless the
562 requirements of such applicable provision have been met or an
563 order of continuance has been granted under s. 985.26(4). If the
564 court order does not include a release date, the release date
565 shall be requested from the court on the same date that the
566 child is placed in detention care. If a subsequent hearing is
567 needed to provide additional information to the court for safety
568 planning, the initial order placing the child in detention care
569 shall reflect the next detention review hearing, which shall be
570 held within 3 calendar days after the child’s initial detention
571 placement.
572 Section 11. Paragraph (b) of subsection (2) of section
573 985.26, Florida Statutes, is amended to read:
574 985.26 Length of detention.—
575 (2)
576 (b) The court may order the child to be held in secure
577 detention beyond 21 days under the following circumstances:
578 1. Upon good cause being shown that the nature of the
579 charge requires additional time for the prosecution or defense
580 of the case or that the totality of the circumstances, including
581 the preservation of public safety, warrants an extension, the
582 court may extend the length of secure detention care for up to
583 an additional 21 days if the child is charged with an offense
584 which, if committed by an adult, would be a capital felony, a
585 life felony, a felony of the first degree or the second degree,
586 a felony of the third degree involving violence against any
587 individual, or any other offense involving the possession or use
588 of a firearm. Except as otherwise provided in subparagraph 2.,
589 the court may continue to extend the period of secure detention
590 care in increments of up to 21 days each by conducting a hearing
591 before the expiration of the current period to determine the
592 need for continued secure detention of the child. At the
593 hearing, the court must make the required findings in writing to
594 extend the period of secure detention. If the court extends the
595 time period for secure detention care, it shall ensure an
596 adjudicatory hearing for the case commences as soon as is
597 reasonably possible considering the totality of the
598 circumstances. The court shall prioritize the efficient
599 disposition of cases in which the child has served 60 or more
600 days in secure detention care.
601 2. When the child is being held in secure detention under
602 s. 985.255(1)(g), and subject to s. 985.255(1)(h).
603 Section 12. Paragraph (d) is added to subsection (7) of
604 section 985.433, Florida Statutes, and subsections (8) and (9)
605 of that section are amended, to read:
606 985.433 Disposition hearings in delinquency cases.—When a
607 child has been found to have committed a delinquent act, the
608 following procedures shall be applicable to the disposition of
609 the case:
610 (7) If the court determines that the child should be
611 adjudicated as having committed a delinquent act and should be
612 committed to the department, such determination shall be in
613 writing or on the record of the hearing. The determination shall
614 include a specific finding of the reasons for the decision to
615 adjudicate and to commit the child to the department, including
616 any determination that the child was a member of a criminal
617 gang.
618 (d) Any child adjudicated by the court and committed to the
619 department under a restrictiveness level described in s.
620 985.03(44)(a)–(d), for any offense or attempted offense
621 involving a firearm must be placed on conditional release, as
622 defined in s. 985.03, for a period of 1 year following his or
623 her release from a commitment program. Such term of conditional
624 release shall include electronic monitoring of the child by the
625 department for the initial 6 months following his or her release
626 and at times and under terms and conditions set by the
627 department.
628 (8) If the court determines not to adjudicate and commit to
629 the department, then the court shall determine what community
630 based sanctions it will impose in a probation program for the
631 child. Community-based sanctions may include, but are not
632 limited to, participation in substance abuse treatment, a day
633 treatment probation program, restitution in money or in kind, a
634 curfew, revocation or suspension of the driver license of the
635 child, community service, and appropriate educational programs
636 as determined by the district school board.
637 (a)1. Where a child is found to have committed an offense
638 that involves the use or possession of a firearm, as defined in
639 s. 790.001, other than a violation of s. 790.22(3), or is found
640 to have committed an offense during the commission of which the
641 child possessed a firearm, and the court has decided not to
642 commit the child to a residential program, the court shall order
643 the child, in addition to any other punishment provided by law,
644 to:
645 a. Serve a period of detention of 30 days in a secure
646 detention facility, with credit for time served in secure
647 detention prior to disposition.
648 b. Perform 100 hours of community service or paid work as
649 determined by the department.
650 c. Be placed on probation for a period of at least 1 year.
651 Such term of probation shall include electronic monitoring of
652 the child by the department at times and under terms and
653 conditions set by the department.
654 2. In addition to the penalties in subparagraph 1., the
655 court may impose the following restrictions upon the child’s
656 driving privileges:
657 a. If the child is eligible by reason of age for a driver
658 license or driving privilege, the court may direct the
659 Department of Highway Safety and Motor Vehicles to revoke or to
660 withhold issuance of the child’s driver license or driving
661 privilege for up to 1 year.
662 b. If the child’s driver license or driving privilege is
663 under suspension or revocation for any reason, the court may
664 direct the Department of Highway Safety and Motor Vehicles to
665 extend the period of suspension or revocation by an additional
666 period for up to 1 year.
667 c. If the child is ineligible by reason of age for a driver
668 license or driving privilege, the court may direct the
669 Department of Highway Safety and Motor Vehicles to withhold
670 issuance of the minor’s driver license or driving privilege for
671 up to 1 year after the date on which the child would otherwise
672 have become eligible.
673
674 For the purposes of this paragraph, community service shall be
675 performed, if possible, in a manner involving a hospital
676 emergency room or other medical environment that deals on a
677 regular basis with trauma patients and gunshot wounds.
678 (b) A child who has previously had adjudication withheld
679 for any of the following offenses shall not be eligible for a
680 second or subsequent withhold of adjudication if he or she is
681 subsequently found to have committed any of the following
682 offenses, and must be adjudicated delinquent and committed to a
683 residential program:
684 1. Armed robbery involving a firearm under s. 812.13(2)(a).
685 2. Armed carjacking under s. 812.133(2)(a) involving the
686 use or possession of a firearm as defined in s. 790.001.
687 3. Having a firearm while committing a felony under s.
688 790.07(2).
689 4. Armed burglary under s. 810.02(2)(b) involving the use
690 or possession of a firearm as defined in s. 790.001.
691 5. Delinquent in possession of a firearm under s.
692 790.23(1)(b).
693 6. An attempt to commit any offense listed in this
694 paragraph under s. 777.04.
695 (9) After appropriate sanctions for the offense are
696 determined, including any minimum sanctions required by this
697 section, the court shall develop, approve, and order a plan of
698 probation that will contain rules, requirements, conditions, and
699 rehabilitative programs, including the option of a day-treatment
700 probation program, that are designed to encourage responsible
701 and acceptable behavior and to promote both the rehabilitation
702 of the child and the protection of the community.
703 Section 13. Subsections (1), (3), and (4) of section
704 985.435, Florida Statutes, are amended to read:
705 985.435 Probation and postcommitment probation; community
706 service.—
707 (1) The court that has jurisdiction over an adjudicated
708 delinquent child may, by an order stating the facts upon which a
709 determination of a sanction and rehabilitative program was made
710 at the disposition hearing, place the child in a probation
711 program or a postcommitment probation program. Such placement
712 must be under the supervision of an authorized agent of the
713 department or of any other person or agency specifically
714 authorized and appointed by the court, whether in the child’s
715 own home, in the home of a relative of the child, or in some
716 other suitable place under such reasonable conditions as the
717 court may direct.
718 (3) A probation program must also include a rehabilitative
719 program component such as a requirement of participation in
720 substance abuse treatment or in a school or career and technical
721 education program. The nonconsent of the child to treatment in a
722 substance abuse treatment program in no way precludes the court
723 from ordering such treatment. Upon the recommendation of the
724 department at the time of disposition, or subsequent to
725 disposition pursuant to the filing of a petition alleging a
726 violation of the child’s conditions of postcommitment probation,
727 the court may order the child to submit to random testing for
728 the purpose of detecting and monitoring the use of alcohol or
729 controlled substances.
730 (4) A probation program must may also include an
731 alternative consequence component to address instances in which
732 a child is noncompliant with technical conditions of his or her
733 probation but has not committed any new violations of law. The
734 alternative consequence component must be aligned with the
735 department’s graduated response matrix as described in s.
736 985.438 Each judicial circuit shall develop, in consultation
737 with judges, the state attorney, the public defender, the
738 regional counsel, relevant law enforcement agencies, and the
739 department, a written plan specifying the alternative
740 consequence component which must be based upon the principle
741 that sanctions must reflect the seriousness of the violation,
742 the assessed criminogenic needs and risks of the child, the
743 child’s age and maturity level, and how effective the sanction
744 or incentive will be in moving the child to compliant behavior.
745 The alternative consequence component is designed to provide
746 swift and appropriate consequences or incentives to a child who
747 is alleged to be noncompliant with or in violation of probation.
748 If the probation program includes this component, specific
749 consequences that apply to noncompliance with specific technical
750 conditions of probation, as well as incentives used to move the
751 child toward compliant behavior, must be detailed in the
752 disposition order.
753 Section 14. Section 985.438, Florida Statutes, is created
754 to read:
755 985.438 Graduated response matrix.—
756 (1) The department shall create and administer a statewide
757 plan to hold youths accountable to the terms of their court
758 ordered probation and the terms of their conditional release.
759 The plan must be based upon the principle that sanctions must
760 reflect the seriousness of the violation, provide immediate
761 accountability for violations, the assessed criminogenic needs
762 and risks of the child, and the child’s age and maturity level.
763 The plan is designed to provide swift and appropriate
764 consequences or incentives to a child who is alleged to be
765 noncompliant with or in violation of his or her probation.
766 (2) The graduated response matrix shall outline sanctions
767 for youth based on their risk to reoffend and shall include, but
768 not be limited to:
769 (a) Increased contacts.
770 (b) Increased drug tests.
771 (c) Curfew reductions.
772 (d) Increased community service.
773 (e) Additional evaluations.
774 (f) Addition of electronic monitoring.
775 (3) The graduated response matrix shall be adopted in rule
776 by the department.
777 Section 15. Section 985.439, Florida Statutes, is amended
778 to read:
779 985.439 Violation of probation or postcommitment
780 probation.—
781 (1)(a) This section is applicable when the court has
782 jurisdiction over a child on probation or postcommitment
783 probation, regardless of adjudication.
784 (b) If the conditions of the probation program or the
785 postcommitment probation program are violated, the department or
786 the state attorney may bring the child before the court on a
787 petition alleging a violation of the program. A child who
788 violates the conditions of probation or postcommitment probation
789 must be brought before the court if sanctions are sought.
790 (c) Upon receiving notice of a violation of probation from
791 the department, the state attorney must file the violation
792 within 5 days or provide in writing to the department and the
793 court the reason as to why he or she is not filing.
794 (2) A child taken into custody under s. 985.101 for
795 violating the conditions of probation shall be screened and
796 detained or released based on his or her risk assessment
797 instrument score.
798 (3) If the child denies violating the conditions of
799 probation or postcommitment probation, the court shall, upon the
800 child’s request, appoint counsel to represent the child.
801 (4) Upon the child’s admission, or if the court finds after
802 a hearing that the child has violated the conditions of
803 probation or postcommitment probation, the court shall enter an
804 order revoking, modifying, or continuing probation or
805 postcommitment probation. In each such case, the court shall
806 enter a new disposition order and, in addition to the sanctions
807 set forth in this section, may impose any sanction the court
808 could have imposed at the original disposition hearing. If the
809 child is found to have violated the conditions of probation or
810 postcommitment probation, the court may:
811 (a) Place the child in supervised release detention with
812 electronic monitoring.
813 (b) If the violation of probation is technical in nature
814 and not a new violation of law, place the child in an
815 alternative consequence program designed to provide swift and
816 appropriate consequences to any further violations of probation.
817 1. Alternative consequence programs shall be established,
818 within existing resources, at the local level in coordination
819 with law enforcement agencies, the chief judge of the circuit,
820 the state attorney, and the public defender.
821 2. Alternative consequence programs may be operated by an
822 entity such as a law enforcement agency, the department, a
823 juvenile assessment center, a county or municipality, or another
824 entity selected by the department.
825 3. Upon placing a child in an alternative consequence
826 program, the court must approve specific consequences for
827 specific violations of the conditions of probation.
828 (c) Modify or continue the child’s probation program or
829 postcommitment probation program.
830 (d) Revoke probation or postcommitment probation and commit
831 the child to the department.
832 (e) Allow the department to place a child on electronic
833 monitoring for a violation of probation if it determines doing
834 so will preserve and protect public safety.
835 (5) Upon the recommendation of the department at the time
836 of disposition, or subsequent to disposition pursuant to the
837 filing of a petition alleging a violation of the child’s
838 conditions of postcommitment probation, the court may order the
839 child to submit to random testing for the purpose of detecting
840 and monitoring the use of alcohol or controlled substances.
841 Section 16. Subsection (2) of section 985.441, Florida
842 Statutes, is amended to read:
843 985.441 Commitment.—
844 (2) Notwithstanding subsection (1), the court having
845 jurisdiction over an adjudicated delinquent child whose offense
846 is a misdemeanor, other than a violation of s. 790.22(3), or a
847 child who is currently on probation for a misdemeanor, other
848 than a violation of s. 790.22(3), may not commit the child for
849 any misdemeanor offense or any probation violation that is
850 technical in nature and not a new violation of law at a
851 restrictiveness level other than minimum-risk nonresidential.
852 However, the court may commit such child to a nonsecure
853 residential placement if:
854 (a) The child has previously been adjudicated or had
855 adjudication withheld for a felony offense;
856 (b) The child has previously been adjudicated or had
857 adjudication withheld for three or more misdemeanor offenses
858 within the previous 18 months;
859 (c) The child is before the court for disposition for a
860 violation of s. 800.03, s. 806.031, or s. 828.12; or
861 (d) The court finds by a preponderance of the evidence that
862 the protection of the public requires such placement or that the
863 particular needs of the child would be best served by such
864 placement. Such finding must be in writing.
865 Section 17. Subsection (5) is added to section 985.455,
866 Florida Statutes, to read:
867 985.455 Other dispositional issues.—
868 (5) If the court orders revocation or suspension of a
869 child’s driver license as part of a disposition, the court may,
870 upon finding a compelling circumstance to warrant an exception,
871 direct the Department of Highway Safety and Motor Vehicles to
872 issue a license for driving privileges restricted to business or
873 employment purposes only, as defined in s. 322.271.
874 Section 18. Subsections (2), (3), and (5) of section
875 985.46, Florida Statutes, are amended, and subsection (6) is
876 added to that section, to read:
877 985.46 Conditional release.—
878 (2) It is the intent of the Legislature that:
879 (a) Commitment programs include rehabilitative efforts on
880 preparing committed juveniles for a successful release to the
881 community.
882 (b) Conditional release transition planning begins as early
883 in the commitment process as possible.
884 (c) Each juvenile committed to a residential commitment
885 program receive conditional release services be assessed to
886 determine the need for conditional release services upon release
887 from the commitment program unless the juvenile is directly
888 released by the court.
889 (3) For juveniles referred or committed to the department,
890 the function of the department may include, but shall not be
891 limited to, supervising each juvenile on conditional release
892 when assessing each juvenile placed in a residential commitment
893 program to determine the need for conditional release services
894 upon release from the program, supervising the juvenile when
895 released into the community from a residential commitment
896 facility of the department, providing such counseling and other
897 services as may be necessary for the families and assisting
898 their preparations for the return of the child. Subject to
899 specific appropriation, the department shall provide for
900 outpatient sexual offender counseling for any juvenile sexual
901 offender released from a residential commitment program as a
902 component of conditional release.
903 (5) Conditional release supervision shall contain, at a
904 minimum, the following conditions:
905 (a)(5) Participation in the educational program by students
906 of compulsory school attendance age pursuant to s. 1003.21(1)
907 and (2)(a) is mandatory for juvenile justice youth on
908 conditional release or postcommitment probation status. A
909 student of noncompulsory school-attendance age who has not
910 received a high school diploma or its equivalent must
911 participate in an educational program or career and technical
912 education course of study. A youth who has received a high
913 school diploma or its equivalent and is not employed must
914 participate in workforce development or other career or
915 technical education or attend a community college or a
916 university while in the program, subject to available funding.
917 (b) A curfew.
918 (c) A prohibition on contact with victims, co-defendants,
919 or known gang members.
920 (d) A prohibition on use of controlled substances.
921 (e) A prohibition on possession of firearms.
922 (6) A youth who violates the terms of his or her
923 conditional release shall be assessed using the graduated
924 response matrix as described in s. 985.438. A youth who fails to
925 move into compliance shall be recommitted to a residential
926 facility.
927 Section 19. Paragraph (c) of subsection (1) of section
928 985.48, Florida Statutes, is amended to read:
929 985.48 Juvenile sexual offender commitment programs; sexual
930 abuse intervention networks.—
931 (1) In order to provide intensive treatment and
932 psychological services to a juvenile sexual offender committed
933 to the department, it is the intent of the Legislature to
934 establish programs and strategies to effectively respond to
935 juvenile sexual offenders. In designing programs for juvenile
936 sexual offenders, it is the further intent of the Legislature to
937 implement strategies that include:
938 (c) Providing intensive postcommitment supervision of
939 juvenile sexual offenders who are released into the community
940 with terms and conditions which may include electronic
941 monitoring of a juvenile sexual offender for the purpose of
942 enhancing public safety.
943 Section 20. Paragraph (a) of subsection (6) of section
944 985.4815, Florida Statutes, is amended to read:
945 985.4815 Notification to Department of Law Enforcement of
946 information on juvenile sexual offenders.—
947 (6)(a) The information provided to the Department of Law
948 Enforcement must include the following:
949 1. The information obtained from the sexual offender under
950 subsection (4).
951 2. The sexual offender’s most current address and place of
952 permanent, temporary, or transient residence within the state or
953 out of state, and address, location or description, and dates of
954 any current or known future temporary residence within the state
955 or out of state, while the sexual offender is in the care or
956 custody or under the jurisdiction or supervision of the
957 department in this state, including the name of the county or
958 municipality in which the offender permanently or temporarily
959 resides, or has a transient residence, and address, location or
960 description, and dates of any current or known future temporary
961 residence within the state or out of state; and, if known, the
962 intended place of permanent, temporary, or transient residence,
963 and address, location or description, and dates of any current
964 or known future temporary residence within the state or out of
965 state upon satisfaction of all sanctions.
966 3. The legal status of the sexual offender and the
967 scheduled termination date of that legal status.
968 4. The location of, and local telephone number for, any
969 department office that is responsible for supervising the sexual
970 offender.
971 5. An indication of whether the victim of the offense that
972 resulted in the offender’s status as a sexual offender was a
973 minor.
974 6. The offense or offenses at adjudication and disposition
975 that resulted in the determination of the offender’s status as a
976 sex offender.
977 7. A digitized photograph of the sexual offender, which
978 must have been taken within 60 days before the offender was
979 released from the custody of the department or a private
980 correctional facility by expiration of sentence under s.
981 944.275, or within 60 days after the onset of the department’s
982 supervision of any sexual offender who is on probation,
983 postcommitment probation, residential commitment, nonresidential
984 commitment, licensed child-caring commitment, community control,
985 conditional release, parole, provisional release, or control
986 release or who is supervised by the department under the
987 Interstate Compact Agreement for Probationers and Parolees. If
988 the sexual offender is in the custody of a private correctional
989 facility, the facility shall take a digitized photograph of the
990 sexual offender within the time period provided in this
991 subparagraph and shall provide the photograph to the department.
992 Section 21. Subsection (11) of section 985.601, Florida
993 Statutes, is renumbered as subsection (12), and a new subsection
994 (11) is added to that section, to read:
995 985.601 Administering the juvenile justice continuum.—
996 (11) The department shall establish a class focused on the
997 risk and consequences of youthful firearm offending which shall
998 be provided by the department to any youth who has been
999 adjudicated or had adjudication withheld for any offense
1000 involving the use or possession of a firearm.
1001 Section 22. Section 985.711, Florida Statutes, is amended
1002 to read:
1003 985.711 Introduction, removal, or possession of certain
1004 articles unlawful; penalty.—
1005 (1)(a) Except as authorized through program policy or
1006 operating procedure or as authorized by the facility
1007 superintendent, program director, or manager, a person may not
1008 introduce into or upon the grounds of a juvenile detention
1009 facility or commitment program, or take or send, or attempt to
1010 take or send, from a juvenile detention facility or commitment
1011 program, any of the following articles, which are declared to be
1012 contraband under this section:
1013 1. Any unauthorized article of food or clothing given or
1014 transmitted, or intended to be given or transmitted, to any
1015 youth in a juvenile detention facility or commitment program.
1016 2. Any intoxicating beverage or any beverage that causes or
1017 may cause an intoxicating effect.
1018 3. Any controlled substance as defined in s. 893.02(4),
1019 marijuana as defined in s. 381.986, hemp as defined in s.
1020 581.217, industrial hemp as defined in s. 1004.4473, or any
1021 prescription or nonprescription drug that has a hypnotic,
1022 stimulating, or depressing effect.
1023 4. Any firearm or weapon of any kind or any explosive
1024 substance.
1025 5. Any cellular telephone or other portable communication
1026 device as described in s. 944.47(1)(a)6., intentionally and
1027 unlawfully introduced inside the secure perimeter of any
1028 juvenile detention facility or commitment program. As used in
1029 this subparagraph, the term “portable communication device” does
1030 not include any device that has communication capabilities which
1031 has been approved or issued by the facility superintendent,
1032 program director, or manager.
1033 6. Any vapor-generating electronic device as defined in s.
1034 386.203, intentionally and unlawfully introduced inside the
1035 secure perimeter of any juvenile detention facility or
1036 commitment program.
1037 7. Any currency or coin given or transmitted, or intended
1038 to be given or transmitted, to any youth in any juvenile
1039 detention facility or commitment program.
1040 8. Any cigarettes, as defined in s. 210.01(1) or tobacco
1041 products, as defined in s. 210.25, given, or intended to be
1042 given, to any youth in a juvenile detention facility or
1043 commitment program.
1044 (b) A person may not transmit contraband to, cause
1045 contraband to be transmitted to or received by, attempt to
1046 transmit contraband to, or attempt to cause contraband to be
1047 transmitted to or received by, a juvenile offender into or upon
1048 the grounds of a juvenile detention facility or commitment
1049 program, except as authorized through program policy or
1050 operating procedures or as authorized by the facility
1051 superintendent, program director, or manager.
1052 (c) A juvenile offender or any person, while upon the
1053 grounds of a juvenile detention facility or commitment program,
1054 may not be in actual or constructive possession of any article
1055 or thing declared to be contraband under this section, except as
1056 authorized through program policy or operating procedures or as
1057 authorized by the facility superintendent, program director, or
1058 manager.
1059 (d) Department staff may use canine units on the grounds of
1060 a juvenile detention facility or commitment program to locate
1061 and seize contraband and ensure security within such facility or
1062 program.
1063 (2)(a) Any person who violates this section as it pertains
1064 to an article of contraband described in subparagraph (1)(a)1.
1065 commits a felony of the third degree, punishable as provided in
1066 s. 775.082, s. 775.083, or s. 775.084.
1067 (b) Any person who violates this section as it pertains to
1068 an article of contraband described in subparagraph (1)(a)5. or
1069 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
1070 punishable as provided in s. 775.082 or s. 775.083.
1071 (c) In all other cases, A person who violates this section
1072 commits a felony of the second degree, punishable as provided in
1073 s. 775.082, s. 775.083, or s. 775.084.
1074 Section 23. Paragraph (c) of subsection (2) of section
1075 1002.221, Florida Statutes, is amended to read:
1076 1002.221 K-12 education records; public records exemption.—
1077 (2)
1078 (c) In accordance with the FERPA and the federal
1079 regulations issued pursuant to the FERPA, an agency or
1080 institution, as defined in s. 1002.22, may release a student’s
1081 education records without written consent of the student or
1082 parent to parties to an interagency agreement among the
1083 Department of Juvenile Justice, the school, law enforcement
1084 authorities, and other signatory agencies. Information provided
1085 pursuant to an interagency agreement may be used for proceedings
1086 initiated under chapter 984 or chapter 985 in furtherance of an
1087 interagency agreement is intended solely for use in determining
1088 the appropriate programs and services for each juvenile or the
1089 juvenile’s family, or for coordinating the delivery of the
1090 programs and services, and as such is inadmissible in any court
1091 proceeding before a dispositional hearing unless written consent
1092 is provided by a parent or other responsible adult on behalf of
1093 the juvenile.
1094 Section 24. Paragraph (b) of subsection (3) of section
1095 943.051, Florida Statutes, is amended to read:
1096 943.051 Criminal justice information; collection and
1097 storage; fingerprinting.—
1098 (3)
1099 (b) A minor who is charged with or found to have committed
1100 the following offenses shall be fingerprinted and the
1101 fingerprints shall be submitted electronically to the
1102 department, unless the minor is issued a prearrest delinquency
1103 civil citation pursuant to s. 985.12:
1104 1. Assault, as defined in s. 784.011.
1105 2. Battery, as defined in s. 784.03.
1106 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1107 4. Unlawful use of destructive devices or bombs, as defined
1108 in s. 790.1615(1).
1109 5. Neglect of a child, as defined in s. 827.03(1)(e).
1110 6. Assault or battery on a law enforcement officer, a
1111 firefighter, or other specified officers, as defined in s.
1112 784.07(2)(a) and (b).
1113 7. Open carrying of a weapon, as defined in s. 790.053.
1114 8. Exposure of sexual organs, as defined in s. 800.03.
1115 9. Unlawful possession of a firearm, as defined in s.
1116 790.22(5).
1117 10. Petit theft, as defined in s. 812.014(3).
1118 11. Cruelty to animals, as defined in s. 828.12(1).
1119 12. Arson, as defined in s. 806.031(1).
1120 13. Unlawful possession or discharge of a weapon or firearm
1121 at a school-sponsored event or on school property, as provided
1122 in s. 790.115.
1123 Section 25. Paragraph (b) of subsection (1) of section
1124 985.11, Florida Statutes, is amended to read:
1125 985.11 Fingerprinting and photographing.—
1126 (1)
1127 (b) Unless the child is issued a prearrest delinquency
1128 civil citation or is participating in a similar diversion
1129 program pursuant to s. 985.12, a child who is charged with or
1130 found to have committed one of the following offenses shall be
1131 fingerprinted, and the fingerprints shall be submitted to the
1132 Department of Law Enforcement as provided in s. 943.051(3)(b):
1133 1. Assault, as defined in s. 784.011.
1134 2. Battery, as defined in s. 784.03.
1135 3. Carrying a concealed weapon, as defined in s. 790.01(2).
1136 4. Unlawful use of destructive devices or bombs, as defined
1137 in s. 790.1615(1).
1138 5. Neglect of a child, as defined in s. 827.03(1)(e).
1139 6. Assault on a law enforcement officer, a firefighter, or
1140 other specified officers, as defined in s. 784.07(2)(a).
1141 7. Open carrying of a weapon, as defined in s. 790.053.
1142 8. Exposure of sexual organs, as defined in s. 800.03.
1143 9. Unlawful possession of a firearm, as defined in s.
1144 790.22(5).
1145 10. Petit theft, as defined in s. 812.014.
1146 11. Cruelty to animals, as defined in s. 828.12(1).
1147 12. Arson, resulting in bodily harm to a firefighter, as
1148 defined in s. 806.031(1).
1149 13. Unlawful possession or discharge of a weapon or firearm
1150 at a school-sponsored event or on school property as defined in
1151 s. 790.115.
1152
1153 A law enforcement agency may fingerprint and photograph a child
1154 taken into custody upon probable cause that such child has
1155 committed any other violation of law, as the agency deems
1156 appropriate. Such fingerprint records and photographs shall be
1157 retained by the law enforcement agency in a separate file, and
1158 these records and all copies thereof must be marked “Juvenile
1159 Confidential.” These records are not available for public
1160 disclosure and inspection under s. 119.07(1) except as provided
1161 in ss. 943.053 and 985.04(2), but shall be available to other
1162 law enforcement agencies, criminal justice agencies, state
1163 attorneys, the courts, the child, the parents or legal
1164 custodians of the child, their attorneys, and any other person
1165 authorized by the court to have access to such records. In
1166 addition, such records may be submitted to the Department of Law
1167 Enforcement for inclusion in the state criminal history records
1168 and used by criminal justice agencies for criminal justice
1169 purposes. These records may, in the discretion of the court, be
1170 open to inspection by anyone upon a showing of cause. The
1171 fingerprint and photograph records shall be produced in the
1172 court whenever directed by the court. Any photograph taken
1173 pursuant to this section may be shown by a law enforcement
1174 officer to any victim or witness of a crime for the purpose of
1175 identifying the person who committed such crime.
1176 Section 26. Paragraph (n) of subsection (2) of section
1177 1006.07, Florida Statutes, is amended to read:
1178 1006.07 District school board duties relating to student
1179 discipline and school safety.—The district school board shall
1180 provide for the proper accounting for all students, for the
1181 attendance and control of students at school, and for proper
1182 attention to health, safety, and other matters relating to the
1183 welfare of students, including:
1184 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
1185 conduct for elementary schools and a code of student conduct for
1186 middle and high schools and distribute the appropriate code to
1187 all teachers, school personnel, students, and parents, at the
1188 beginning of every school year. Each code shall be organized and
1189 written in language that is understandable to students and
1190 parents and shall be discussed at the beginning of every school
1191 year in student classes, school advisory council meetings, and
1192 parent and teacher association or organization meetings. Each
1193 code shall be based on the rules governing student conduct and
1194 discipline adopted by the district school board and shall be
1195 made available in the student handbook or similar publication.
1196 Each code shall include, but is not limited to:
1197 (n) Criteria for recommending to law enforcement that a
1198 student who commits a criminal offense be allowed to participate
1199 in a prearrest delinquency citation civil citation or similar
1200 prearrest diversion program as an alternative to expulsion or
1201 arrest. All prearrest delinquency citation civil citation or
1202 similar prearrest diversion programs must comply with s. 985.12.
1203 Section 27. This act shall take effect July 1, 2024.
1204
1205 ================= T I T L E A M E N D M E N T ================
1206 And the title is amended as follows:
1207 Delete everything before the enacting clause
1208 and insert:
1209 A bill to be entitled
1210 An act relating to juvenile justice; amending s.
1211 790.115, F.S.; removing a provision requiring
1212 specified treatment of minors charged with possessing
1213 or discharging a firearm on school property; amending
1214 s. 790.22, F.S.; revising penalties for minors
1215 committing specified firearms violations; removing
1216 provisions concerning minors charged with or convicted
1217 of certain firearms offenses; amending 901.15; adding
1218 possession of a firearm by a minor to the list of
1219 crimes for which a warrant is not needed for arrest;
1220 amending s. 985.101, F.S.; conforming provisions to
1221 changes made by the act; amending s. 985.12, F.S.;
1222 redesignating civil citation programs as prearrest
1223 delinquency citation programs; revising program
1224 requirements; providing that certain existing programs
1225 meeting certain requirements shall be deemed
1226 authorized; amending s. 985.125, F.S.; conforming
1227 provisions to changes made by the act; amending s.
1228 985.126, F.S.; requiring the Department of Juvenile
1229 Justice to publish a quarterly report concerning
1230 entities using delinquency citations for less than a
1231 specified amount of eligible offenses; amending s.
1232 985.245, F.S.; conforming provisions to changes made
1233 by the act; amending s. 985.25, F.S.; requiring that
1234 youths who are arrested for certain electronic
1235 monitoring violations be placed in secure detention
1236 until a detention hearing; requiring that a child on
1237 probation for an underlying felony firearm offense who
1238 is taken into custody be placed in secure detention;
1239 providing for renewal of secure detention periods in
1240 certain circumstances; amending s. 985.255, F.S.;
1241 providing that when there is probable cause that a
1242 child committed one of a specified list of offenses
1243 that he or she is presumed to be a risk to public
1244 safety and danger to the community and must be held in
1245 secure a detention before an adjudicatory hearing;
1246 providing requirements for release of such a child
1247 despite the presumption; revising language concerning
1248 the use of risk assessments; amending s. 985.26, F.S.;
1249 revising requirements for holding a child in secure
1250 detention for more than 21 days; amending s. 985.433,
1251 F.S.; requiring conditional release conditions for
1252 children released after confinement for specified
1253 firearms offenses; requiring specified sanctions for
1254 certain children adjudicated for certain firearms
1255 offenses who are not committed to a residential
1256 program; providing that children who previously have
1257 had adjudication withheld for certain offenses my not
1258 have adjudication withheld for specified offenses;
1259 amending s. 985.435, F.S.; conforming provisions to
1260 changes made by the act; creating s. 985.438, F.S.;
1261 requiring the Department of Juvenile Justice to create
1262 and administer a graduated response matrix to hold
1263 youths accountable to the terms of their court ordered
1264 probation and the terms of their conditional release;
1265 providing requirements for the matrix; amending s.
1266 985.439, F.S.; requiring a state attorney to file a
1267 probation violation within a specified period or
1268 inform the court and the Department of Juvenile
1269 Justice why such violation is not filed; removing
1270 provisions concerning an alternative consequence
1271 program; allowing placement of electronic monitoring
1272 for probation violations in certain circumstances;
1273 amending s. 985.441, F.S.; adding an exception to the
1274 prohibition against committing certain children to a
1275 residential program; amending s. 985.455, F.S.;
1276 authorizing a court to make an exception to an order
1277 of revocation or suspension of driving privileges in
1278 certain circumstances; amending s. 985.46, F.S.;
1279 revising legislative intent concerning conditional
1280 release; revising the conditions of conditional
1281 release; providing for assessment of conditional
1282 release violations and possible recommitment of
1283 violators; amending ss. 985.48 and 985.4815, F.S.;
1284 conforming provisions to changes made by the act;
1285 amending s. 985.601, F.S.; requiring the Department of
1286 Juvenile Justice to establish a specified class for
1287 firearms offenders; amending s. 985.711, F.S.;
1288 revising provisions concerning introduction of
1289 contraband into department facilities; authorizing
1290 department staff to use canine units on the grounds of
1291 juvenile detention facilities and commitment programs
1292 for specified purposes; revising criminal penalties
1293 for violations; amending s. 1002.221, F.S.; revising
1294 provisions concerning educational records for certain
1295 purposes; amending ss. 943.051, 985.11, and 1006.07,
1296 F.S.; conforming provisions to changes made by the
1297 act; providing an effective date.