Florida Senate - 2024 SB 1352
By Senator Bradley
6-01053B-24 20241352__
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 381.887, F.S.; authorizing personnel of the Department
4 of Juvenile Justice and of certain contracted
5 providers to possess, store, and administer emergency
6 opioid antagonists and providing immunity from civil
7 or criminal liability for such personnel; amending s.
8 790.22, F.S.; deleting a provision requiring the
9 juvenile justice circuit advisory board to establish
10 certain community service programs; amending s.
11 938.17, F.S.; requiring sheriffs’ offices to submit an
12 annual report regarding certain received proceeds to
13 the department, rather than the juvenile justice
14 circuit advisory board; amending s. 948.51, F.S.;
15 requiring the public safety coordinating council to
16 cooperate with the department, rather than the
17 juvenile justice circuit advisory board, to prepare a
18 comprehensive public safety plan; amending s. 985.02,
19 F.S.; revising the legislative intent for the juvenile
20 justice system relating to general protections for
21 children and sex-specific, rather than gender
22 specific, programming; amending s. 985.03, F.S.;
23 revising definitions and defining the term “sex”;
24 amending s. 985.115, F.S.; prohibiting juvenile
25 assessment centers from being considered facilities
26 that can receive children under specified
27 circumstances; amending s. 985.126, F.S.; revising the
28 information a diversion program is required to report
29 about each minor from his or her gender to his or her
30 sex; requiring the department to compile and
31 semiannually publish certain data in a format that is
32 searchable by sex rather than by gender; amending s.
33 985.17, F.S.; revising the programming focus for the
34 department’s prevention services for youth at risk of
35 becoming delinquent to include sex-specific services
36 rather than gender-specific services; amending s.
37 985.26, F.S.; authorizing that transitions from secure
38 detention care and supervised release detention care
39 be initiated upon a court’s own motion or upon a
40 motion from the child or the state; amending s.
41 985.27, F.S.; revising the required court placement in
42 secure detention for children who are adjudicated and
43 awaiting placement in a moderate-risk, rather than
44 nonsecure, residential commitment program; reenacting
45 and amending s. 985.441, F.S.; authorizing a court to
46 commit certain children to a moderate-risk, rather
47 than nonsecure, residential placement under certain
48 circumstances; amending s. 985.465, F.S.; revising the
49 physically secure residential commitment program to
50 send specified children to maximum-risk residential
51 facilities rather than juvenile correctional
52 facilities or prisons; amending s. 985.601, F.S.;
53 revising certain required programs for rehabilitative
54 treatment to include sex-specific programming rather
55 than gender-specific programming; authorizing the
56 department to use state or federal funds to purchase
57 and distribute promotional and educational materials
58 that are consistent with the dignity and integrity of
59 the state for specified purposes; amending s. 985.664,
60 F.S.; requiring, rather than authorizing, each
61 judicial circuit to have a juvenile justice circuit
62 advisory board; requiring the juvenile justice circuit
63 advisory board to work with the chief probation
64 officer of the circuit to use data to inform policy
65 and practices that better improve the juvenile justice
66 continuum; deleting provisions relating to the
67 juvenile justice circuit advisory board’s purpose,
68 duties, and responsibilities; decreasing the minimum
69 number of members that each juvenile justice circuit
70 advisory board is required to have; requiring that
71 each member of the juvenile justice circuit advisory
72 board be approved by the chief probation officer of
73 the circuit, rather than the Secretary of Juvenile
74 Justice; requiring the chief probation officer in each
75 circuit to serve as the chair of the juvenile justice
76 circuit advisory board for that circuit; deleting
77 provisions relating to board membership and vacancies;
78 deleting provisions relating to quorums and the
79 passing of measures; deleting provisions requiring the
80 establishment of executive committees and having
81 bylaws; amending s. 985.676, F.S.; revising the
82 required contents of a grant proposal applicants must
83 submit to be considered for funding from an annual
84 community juvenile justice partnership grant;
85 requiring the department to consider the
86 recommendations of community stakeholders, rather than
87 the juvenile justice circuit advisory board, as to
88 certain priorities; deleting the juvenile justice
89 circuit advisory board from the entities to which each
90 awarded grantee is required to submit an annual
91 evaluation report; conforming a provision to changes
92 made by the act; amending s. 1003.51, F.S.; revising
93 requirements for certain State Board of Education
94 rules to establish policies and standards for certain
95 education programs; amending s. 1003.52, F.S.;
96 revising the role of Coordinators for Juvenile Justice
97 Education Programs in collecting certain information
98 and developing certain protocols; deleting provisions
99 relating to career and professional education (CAPE);
100 deleting provisions related to requiring residential
101 juvenile justice education programs to provide certain
102 CAPE courses; requiring each district school board to
103 make provisions for high school level students to earn
104 credits towards high school graduation while in
105 juvenile justice detention, prevention, or day
106 treatment programs; authorizing district school boards
107 to contract with private providers for the provision
108 of education programs to students placed in such
109 programs; requiring each district school board to
110 negotiate a cooperative agreement with the department
111 on the delivery of educational services to students in
112 such programs; deleting provisions requiring the
113 Department of Education, in consultation with the
114 Department of Juvenile Justice, to adopt rules and
115 collect data and report on certain programs; deleting
116 a provision requiring that specified entities jointly
117 develop a multiagency plan for CAPE; conforming
118 provisions to changes made by the act; amending s.
119 330.41, F.S.; conforming a provision to changes made
120 by the act; amending s. 553.865, F.S.; conforming
121 cross-references and provisions to changes made by the
122 act; amending s. 1001.42, F.S.; conforming a provision
123 to changes made by the act; reenacting s. 985.721,
124 F.S., relating to escapes from secure detention or
125 residential commitment facilities, to incorporate the
126 amendment made to s. 985.03, F.S., in a reference
127 thereto; reenacting s. 985.25(1), F.S., relating to
128 detention intakes, to incorporate the amendment made
129 to s. 985.115, F.S., in a reference thereto;
130 reenacting s. 985.255(3), F.S., relating to detention
131 criteria and detention hearings, to incorporate the
132 amendment made to s. 985.27, F.S., in a reference
133 thereto; reenacting ss. 985.475(2)(h) and
134 985.565(4)(b), F.S., relating to juvenile sexual
135 offenders and juvenile sanctions, respectively, to
136 incorporate the amendment made to s. 985.441, F.S., in
137 references thereto; providing an effective date.
138
139 Be It Enacted by the Legislature of the State of Florida:
140
141 Section 1. Subsection (4) of section 381.887, Florida
142 Statutes, is amended to read:
143 381.887 Emergency treatment for suspected opioid overdose.—
144 (4) The following persons are authorized to possess, store,
145 and administer emergency opioid antagonists as clinically
146 indicated and are immune from any civil liability or criminal
147 liability as a result of administering an emergency opioid
148 antagonist:
149 (a) Emergency responders, including, but not limited to,
150 law enforcement officers, paramedics, and emergency medical
151 technicians.
152 (b) Crime laboratory personnel for the statewide criminal
153 analysis laboratory system as described in s. 943.32, including,
154 but not limited to, analysts, evidence intake personnel, and
155 their supervisors.
156 (c) Personnel of a law enforcement agency or an other
157 agency, including, but not limited to, correctional probation
158 officers and child protective investigators who, while acting
159 within the scope or course of employment, come into contact with
160 a controlled substance or persons at risk of experiencing an
161 opioid overdose.
162 (d) Personnel of the Department of Juvenile Justice and of
163 any contracted provider with direct contact with youth
164 authorized under chapter 984 or chapter 985.
165 Section 2. Subsection (4) of section 790.22, Florida
166 Statutes, is amended to read:
167 790.22 Use of BB guns, air or gas-operated guns, or
168 electric weapons or devices by minor under 16; limitation;
169 possession of firearms by minor under 18 prohibited; penalties.—
170 (4)(a) Any parent or guardian of a minor, or other adult
171 responsible for the welfare of a minor, who knowingly and
172 willfully permits the minor to possess a firearm in violation of
173 subsection (3) commits a felony of the third degree, punishable
174 as provided in s. 775.082, s. 775.083, or s. 775.084.
175 (b) Any natural parent or adoptive parent, whether
176 custodial or noncustodial, or any legal guardian or legal
177 custodian of a minor, if that minor possesses a firearm in
178 violation of subsection (3) may, if the court finds it
179 appropriate, be required to participate in classes on parenting
180 education which are approved by the Department of Juvenile
181 Justice, upon the first conviction of the minor. Upon any
182 subsequent conviction of the minor, the court may, if the court
183 finds it appropriate, require the parent to attend further
184 parent education classes or render community service hours
185 together with the child.
186 (c) The juvenile justice circuit advisory boards or the
187 Department of Juvenile Justice shall establish appropriate
188 community service programs to be available to the alternative
189 sanctions coordinators of the circuit courts in implementing
190 this subsection. The boards or department shall propose the
191 implementation of a community service program in each circuit,
192 and may submit a circuit plan, to be implemented upon approval
193 of the circuit alternative sanctions coordinator.
194 (d) For the purposes of this section, community service may
195 be provided on public property as well as on private property
196 with the expressed permission of the property owner. Any
197 community service provided on private property is limited to
198 such things as removal of graffiti and restoration of vandalized
199 property.
200 Section 3. Subsection (4) of section 938.17, Florida
201 Statutes, is amended to read:
202 938.17 County delinquency prevention; juvenile assessment
203 centers and school board suspension programs.—
204 (4) A sheriff’s office that receives proceeds pursuant to
205 s. 939.185 shall account for all funds annually by August 1 in a
206 written report to the Department of Juvenile Justice juvenile
207 justice circuit advisory board if funds are used for assessment
208 centers, and to the district school board if funds are used for
209 suspension programs.
210 Section 4. Subsection (2) of section 948.51, Florida
211 Statutes, is amended to read:
212 948.51 Community corrections assistance to counties or
213 county consortiums.—
214 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
215 county, or a consortium of two or more counties, may contract
216 with the Department of Corrections for community corrections
217 funds as provided in this section. In order to enter into a
218 community corrections partnership contract, a county or county
219 consortium must have a public safety coordinating council
220 established under s. 951.26 and must designate a county officer
221 or agency to be responsible for administering community
222 corrections funds received from the state. The public safety
223 coordinating council shall prepare, develop, and implement a
224 comprehensive public safety plan for the county, or the
225 geographic area represented by the county consortium, and shall
226 submit an annual report to the Department of Corrections
227 concerning the status of the program. In preparing the
228 comprehensive public safety plan, the public safety coordinating
229 council shall cooperate with the Department of Juvenile Justice
230 juvenile justice circuit advisory board established under s.
231 985.664 in order to include programs and services for juveniles
232 in the plan. To be eligible for community corrections funds
233 under the contract, the initial public safety plan must be
234 approved by the governing board of the county, or the governing
235 board of each county within the consortium, and the Secretary of
236 Corrections based on the requirements of this section. If one or
237 more other counties develop a unified public safety plan, the
238 public safety coordinating council shall submit a single
239 application to the department for funding. Continued contract
240 funding shall be pursuant to subsection (5). The plan for a
241 county or county consortium must cover at least a 5-year period
242 and must include:
243 (a) A description of programs offered for the job placement
244 and treatment of offenders in the community.
245 (b) A specification of community-based intermediate
246 sentencing options to be offered and the types and number of
247 offenders to be included in each program.
248 (c) Specific goals and objectives for reducing the
249 projected percentage of commitments to the state prison system
250 of persons with low total sentencing scores pursuant to the
251 Criminal Punishment Code.
252 (d) Specific evidence of the population status of all
253 programs which are part of the plan, which evidence establishes
254 that such programs do not include offenders who otherwise would
255 have been on a less intensive form of community supervision.
256 (e) The assessment of population status by the public
257 safety coordinating council of all correctional facilities owned
258 or contracted for by the county or by each county within the
259 consortium.
260 (f) The assessment of bed space that is available for
261 substance abuse intervention and treatment programs and the
262 assessment of offenders in need of treatment who are committed
263 to each correctional facility owned or contracted for by the
264 county or by each county within the consortium.
265 (g) A description of program costs and sources of funds for
266 each community corrections program, including community
267 corrections funds, loans, state assistance, and other financial
268 assistance.
269 Section 5. Subsections (1) and (7) of section 985.02,
270 Florida Statutes, are amended to read:
271 985.02 Legislative intent for the juvenile justice system.—
272 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
273 the Legislature that the children of this state be provided with
274 the following protections:
275 (a) Protection from abuse, neglect, and exploitation.
276 (b) A permanent and stable home.
277 (c) A safe and nurturing environment which will preserve a
278 sense of personal dignity and integrity.
279 (d) Adequate nutrition, shelter, and clothing.
280 (e) Effective treatment to address physical, social, and
281 emotional needs, regardless of geographical location.
282 (f) Equal opportunity and access to quality and effective
283 education, which will meet the individual needs of each child,
284 and to recreation and other community resources to develop
285 individual abilities.
286 (g) Access to prevention programs and services.
287 (h) Sex-specific Gender-specific programming and sex
288 specific gender-specific program models and services that
289 comprehensively address the needs of either sex a targeted
290 gender group.
291 (7) SEX-SPECIFIC GENDER-SPECIFIC PROGRAMMING.—
292 (a) The Legislature finds that the needs of children served
293 by the juvenile justice system are sex-specific gender-specific.
294 A sex-specific gender-specific approach is one in which
295 programs, services, and treatments comprehensively address the
296 unique developmental needs of either sex a targeted gender group
297 under the care of the department. Young women and men have
298 different pathways to delinquency, display different patterns of
299 offending, and respond differently to interventions, treatment,
300 and services.
301 (b) Sex-specific Gender-specific interventions focus on the
302 differences between young females’ and young males’ social roles
303 and responsibilities, access to and use of resources, history of
304 trauma, and reasons for interaction with the juvenile justice
305 system. Sex-specific Gender-specific programs increase the
306 effectiveness of programs by making interventions more
307 appropriate to the specific needs of young women and men and
308 ensuring that these programs do not unknowingly create,
309 maintain, or reinforce sex gender roles or relations that may be
310 damaging.
311 Section 6. Present subsections (46) through (54) of section
312 985.03, Florida Statutes, are redesignated as subsections (47)
313 through (55), respectively, a new subsection (46) is added to
314 that section, and subsections (14) and (44) and present
315 subsection (50) of that section are amended, to read:
316 985.03 Definitions.—As used in this chapter, the term:
317 (14) “Day treatment” means a nonresidential, community
318 based program designed to provide therapeutic intervention to
319 youth who are served by the department or, placed on probation
320 or conditional release, or committed to the minimum-risk
321 nonresidential level. A day treatment program may provide
322 educational and career and technical education services and
323 shall provide case management services; individual, group, and
324 family counseling; training designed to address delinquency risk
325 factors; and monitoring of a youth’s compliance with, and
326 facilitation of a youth’s completion of, sanctions if ordered by
327 the court. Program types may include, but are not limited to,
328 career programs, marine programs, juvenile justice alternative
329 schools, training and rehabilitation programs, and sex-specific
330 gender-specific programs.
331 (44) “Restrictiveness level” means the level of programming
332 and security provided by programs that service the supervision,
333 custody, care, and treatment needs of committed children.
334 Sections 985.601(10) and 985.721 apply to children placed in
335 programs at any residential commitment level. The
336 restrictiveness levels of commitment are as follows:
337 (a) Minimum-risk nonresidential.—Programs or program models
338 at this commitment level work with youth who remain in the
339 community and participate at least 5 days per week in a day
340 treatment program. Youth assessed and classified for programs at
341 this commitment level represent a minimum risk to themselves and
342 public safety and do not require placement and services in
343 residential settings. Youth in this level have full access to,
344 and reside in, the community. Youth who have been found to have
345 committed delinquent acts that involve firearms, that are sexual
346 offenses, or that would be life felonies or first degree
347 felonies if committed by an adult may not be committed to a
348 program at this level.
349 (b) Moderate-risk Nonsecure residential.—Programs or
350 program models at this commitment level are residential but may
351 allow youth to have supervised access to the community.
352 Facilities at this commitment level are either environmentally
353 secure, staff secure, or are hardware-secure with walls,
354 fencing, or locking doors. Residential facilities at this
355 commitment level shall have no more than 90 beds each, including
356 campus-style programs, unless those campus-style programs
357 include more than one treatment program using different
358 treatment protocols, and have facilities that coexist separately
359 in distinct locations on the same property. Facilities at this
360 commitment level shall provide 24-hour awake supervision,
361 custody, care, and treatment of residents. Youth assessed and
362 classified for placement in programs at this commitment level
363 represent a low or moderate risk to public safety and require
364 close supervision. The staff at a facility at this commitment
365 level may seclude a child who is a physical threat to himself or
366 herself or others. Mechanical restraint may also be used when
367 necessary.
368 (b)(c) High-risk residential.—Programs or program models at
369 this commitment level are residential and do not allow youth to
370 have access to the community, except that temporary release
371 providing community access for up to 72 continuous hours may be
372 approved by a court for a youth who has made successful progress
373 in his or her program in order for the youth to attend a family
374 emergency or, during the final 60 days of his or her placement,
375 to visit his or her home, enroll in school or a career and
376 technical education program, complete a job interview, or
377 participate in a community service project. High-risk
378 residential facilities are hardware-secure with perimeter
379 fencing and locking doors. Residential facilities at this
380 commitment level shall have no more than 90 beds each, including
381 campus-style programs, unless those campus-style programs
382 include more than one treatment program using different
383 treatment protocols, and have facilities that coexist separately
384 in distinct locations on the same property. Facilities at this
385 commitment level shall provide 24-hour awake supervision,
386 custody, care, and treatment of residents. Youth assessed and
387 classified for this level of placement require close supervision
388 in a structured residential setting. Placement in programs at
389 this level is prompted by a concern for public safety that
390 outweighs placement in programs at lower commitment levels. The
391 staff at a facility at this commitment level may seclude a child
392 who is a physical threat to himself or herself or others.
393 Mechanical restraint may also be used when necessary. The
394 facility may provide for single cell occupancy, except that
395 youth may be housed together during prerelease transition.
396 (c)(d) Maximum-risk residential.—Programs or program models
397 at this commitment level include juvenile correctional
398 facilities and juvenile prisons. The programs at this commitment
399 level are long-term residential and do not allow youth to have
400 access to the community. Facilities at this commitment level are
401 maximum-custody, hardware-secure with perimeter security fencing
402 and locking doors. Residential facilities at this commitment
403 level shall have no more than 90 beds each, including campus
404 style programs, unless those campus-style programs include more
405 than one treatment program using different treatment protocols,
406 and have facilities that coexist separately in distinct
407 locations on the same property. Facilities at this commitment
408 level shall provide 24-hour awake supervision, custody, care,
409 and treatment of residents. The staff at a facility at this
410 commitment level may seclude a child who is a physical threat to
411 himself or herself or others. Mechanical restraint may also be
412 used when necessary. Facilities at this commitment level shall
413 provide for single cell occupancy, except that youth may be
414 housed together during prerelease transition. Youth assessed and
415 classified for this level of placement require close supervision
416 in a maximum security residential setting. Placement in a
417 program at this level is prompted by a demonstrated need to
418 protect the public.
419 (46) “Sex” has the same meaning as in s. 553.865.
420 (51)(50) “Temporary release” means the terms and conditions
421 under which a child is temporarily released from a residential
422 commitment facility or allowed home visits. If the temporary
423 release is from a moderate-risk nonsecure residential facility,
424 a high-risk residential facility, or a maximum-risk residential
425 facility, the terms and conditions of the temporary release must
426 be approved by the child, the court, and the facility.
427 Section 7. Subsection (2) of section 985.115, Florida
428 Statutes, is amended to read:
429 985.115 Release or delivery from custody.—
430 (2) Unless otherwise ordered by the court under s. 985.255
431 or s. 985.26, and unless there is a need to hold the child, a
432 person taking a child into custody shall attempt to release the
433 child as follows:
434 (a) To the child’s parent, guardian, or legal custodian or,
435 if the child’s parent, guardian, or legal custodian is
436 unavailable, unwilling, or unable to provide supervision for the
437 child, to any responsible adult. Prior to releasing the child to
438 a responsible adult, other than the parent, guardian, or legal
439 custodian, the person taking the child into custody may conduct
440 a criminal history background check of the person to whom the
441 child is to be released. If the person has a prior felony
442 conviction, or a conviction for child abuse, drug trafficking,
443 or prostitution, that person is not a responsible adult for the
444 purposes of this section. The person to whom the child is
445 released shall agree to inform the department or the person
446 releasing the child of the child’s subsequent change of address
447 and to produce the child in court at such time as the court may
448 direct, and the child shall join in the agreement.
449 (b) Contingent upon specific appropriation, to a shelter
450 approved by the department or to an authorized agent.
451 (c) If the child is believed to be suffering from a serious
452 physical condition which requires either prompt diagnosis or
453 prompt treatment, to a law enforcement officer who shall deliver
454 the child to a hospital for necessary evaluation and treatment.
455 (d) If the child is believed to be mentally ill as defined
456 in s. 394.463(1), to a law enforcement officer who shall take
457 the child to a designated public receiving facility as defined
458 in s. 394.455 for examination under s. 394.463.
459 (e) If the child appears to be intoxicated and has
460 threatened, attempted, or inflicted physical harm on himself or
461 herself or another, or is incapacitated by substance abuse, to a
462 law enforcement officer who shall deliver the child to a
463 hospital, addictions receiving facility, or treatment resource.
464 (f) If available, to a juvenile assessment center equipped
465 and staffed to assume custody of the child for the purpose of
466 assessing the needs of the child in custody. The center may then
467 release or deliver the child under this section with a copy of
468 the assessment. A juvenile assessment center may not be
469 considered a facility that can receive a child under paragraph
470 (c), paragraph (d), or paragraph (e).
471 Section 8. Subsections (3) and (4) of section 985.126,
472 Florida Statutes, are amended to read:
473 985.126 Diversion programs; data collection; denial of
474 participation or expunged record.—
475 (3)(a) Beginning October 1, 2018, each diversion program
476 shall submit data to the department which identifies for each
477 minor participating in the diversion program:
478 1. The race, ethnicity, sex gender, and age of that minor.
479 2. The offense committed, including the specific law
480 establishing the offense.
481 3. The judicial circuit and county in which the offense was
482 committed and the law enforcement agency that had contact with
483 the minor for the offense.
484 4. Other demographic information necessary to properly
485 register a case into the Juvenile Justice Information System
486 Prevention Web, as specified by the department.
487 (b) Beginning October 1, 2018, each law enforcement agency
488 shall submit to the department data that identifies for each
489 minor who was eligible for a diversion program, but was instead
490 referred to the department, provided a notice to appear, or
491 arrested:
492 1. The data required pursuant to paragraph (a).
493 2. Whether the minor was offered the opportunity to
494 participate in a diversion program. If the minor was:
495 a. Not offered such opportunity, the reason such offer was
496 not made.
497 b. Offered such opportunity, whether the minor or his or
498 her parent or legal guardian declined to participate in the
499 diversion program.
500 (c) The data required pursuant to paragraph (a) shall be
501 entered into the Juvenile Justice Information System Prevention
502 Web within 7 days after the youth’s admission into the program.
503 (d) The data required pursuant to paragraph (b) shall be
504 submitted on or with the arrest affidavit or notice to appear.
505 (4) Beginning January 1, 2019, the department shall compile
506 and semiannually publish the data required by subsection (3) on
507 the department’s website in a format that is, at a minimum,
508 sortable by judicial circuit, county, law enforcement agency,
509 race, ethnicity, sex gender, age, and offense committed.
510 Section 9. Subsection (3) of section 985.17, Florida
511 Statutes, is amended to read:
512 985.17 Prevention services.—
513 (3) The department’s prevention services for youth at risk
514 of becoming delinquent should:
515 (a) Focus on preventing initial or further involvement of
516 such youth in the juvenile justice system by including services
517 such as literacy services, sex-specific gender-specific
518 programming, recreational services, and after-school services,
519 and should include targeted services to troubled, truant,
520 ungovernable, abused, trafficked, or runaway youth. To decrease
521 the likelihood that a youth will commit a delinquent act, the
522 department should use mentoring and may provide specialized
523 services addressing the strengthening of families, job training,
524 and substance abuse.
525 (b) Address the multiple needs of such youth in order to
526 decrease the prevalence of disproportionate minority
527 representation in the juvenile justice system.
528 Section 10. Paragraph (a) of subsection (2) of section
529 985.26, Florida Statutes, is amended to read:
530 985.26 Length of detention.—
531 (2)(a)1. A court may order a child to be placed on
532 supervised release detention care for any time period until an
533 adjudicatory hearing is completed. However, if a child has
534 served 60 days on supervised release detention care, the court
535 must conduct a hearing within 15 days after the 60th day, to
536 determine the need for continued supervised release detention
537 care. At the hearing, and upon good cause being shown that the
538 nature of the charge requires additional time for the
539 prosecution or defense of the case or that the totality of the
540 circumstances, including the preservation of public safety,
541 warrants an extension, the court may order the child to remain
542 on supervised release detention care until the adjudicatory
543 hearing is completed.
544 2. Except as provided in paragraph (b) or paragraph (c), a
545 child may not be held in secure detention care under a special
546 detention order for more than 21 days unless an adjudicatory
547 hearing for the case has been commenced in good faith by the
548 court.
549 3. This section does not prohibit a court from
550 transitioning a child to and from secure detention care and
551 supervised release detention care, including electronic
552 monitoring, when the court finds such a placement necessary, or
553 no longer necessary, to preserve public safety or to ensure the
554 child’s safety, appearance in court, or compliance with a court
555 order. Such transition may be initiated upon the court’s own
556 motion, or upon a motion of the child or of the state, and after
557 considering any information provided by the department regarding
558 the child’s adjustment to detention supervision. Each period of
559 secure detention care or supervised release detention care
560 counts toward the time limitations in this subsection whether
561 served consecutively or nonconsecutively.
562 Section 11. Section 985.27, Florida Statutes, is amended to
563 read:
564 985.27 Postdisposition detention while awaiting residential
565 commitment placement.—The court must place all children who are
566 adjudicated and awaiting placement in a moderate-risk nonsecure,
567 high-risk, or maximum-risk residential commitment program in
568 secure detention care until the placement or commitment is
569 accomplished.
570 Section 12. Subsection (2) of section 985.441, Florida
571 Statutes, is amended, and paragraph (b) of subsection (1) and
572 subsection (4) of that section are reenacted, to read:
573 985.441 Commitment.—
574 (1) The court that has jurisdiction of an adjudicated
575 delinquent child may, by an order stating the facts upon which a
576 determination of a sanction and rehabilitative program was made
577 at the disposition hearing:
578 (b) Commit the child to the department at a restrictiveness
579 level defined in s. 985.03. Such commitment must be for the
580 purpose of exercising active control over the child, including,
581 but not limited to, custody, care, training, monitoring for
582 substance abuse, electronic monitoring, and treatment of the
583 child and release of the child from residential commitment into
584 the community in a postcommitment nonresidential conditional
585 release program. If the child is not successful in the
586 conditional release program, the department may use the transfer
587 procedure under subsection (4).
588 (2) Notwithstanding subsection (1), the court having
589 jurisdiction over an adjudicated delinquent child whose offense
590 is a misdemeanor, or a child who is currently on probation for a
591 misdemeanor, may not commit the child for any misdemeanor
592 offense or any probation violation that is technical in nature
593 and not a new violation of law at a restrictiveness level other
594 than minimum-risk nonresidential. However, the court may commit
595 such child to a moderate-risk nonsecure residential placement
596 if:
597 (a) The child has previously been adjudicated or had
598 adjudication withheld for a felony offense;
599 (b) The child has previously been adjudicated or had
600 adjudication withheld for three or more misdemeanor offenses
601 within the previous 18 months;
602 (c) The child is before the court for disposition for a
603 violation of s. 800.03, s. 806.031, or s. 828.12; or
604 (d) The court finds by a preponderance of the evidence that
605 the protection of the public requires such placement or that the
606 particular needs of the child would be best served by such
607 placement. Such finding must be in writing.
608 (4) The department may transfer a child, when necessary to
609 appropriately administer the child’s commitment, from one
610 facility or program to another facility or program operated,
611 contracted, subcontracted, or designated by the department,
612 including a postcommitment nonresidential conditional release
613 program, except that the department may not transfer any child
614 adjudicated solely for a misdemeanor to a residential program
615 except as provided in subsection (2). The department shall
616 notify the court that committed the child to the department and
617 any attorney of record for the child, in writing, of its intent
618 to transfer the child from a commitment facility or program to
619 another facility or program of a higher or lower restrictiveness
620 level. If the child is under the jurisdiction of a dependency
621 court, the department shall also provide notice to the
622 dependency court and the Department of Children and Families,
623 and, if appointed, the Guardian Ad Litem Program and the child’s
624 attorney ad litem. The court that committed the child may agree
625 to the transfer or may set a hearing to review the transfer. If
626 the court does not respond within 10 days after receipt of the
627 notice, the transfer of the child shall be deemed granted.
628 Section 13. Section 985.465, Florida Statutes, is amended
629 to read:
630 985.465 Maximum-risk residential Juvenile correctional
631 facilities or juvenile prison.—A maximum-risk juvenile
632 correctional facility or juvenile prison is a physically secure
633 residential commitment program with a designated length of stay
634 from 18 months to 36 months, primarily serving children 13 years
635 of age to 19 years of age or until the jurisdiction of the court
636 expires. Each child committed to this level must meet one of the
637 following criteria:
638 (1) The child is at least 13 years of age at the time of
639 the disposition for the current offense and has been adjudicated
640 on the current offense for:
641 (a) Arson;
642 (b) Sexual battery;
643 (c) Robbery;
644 (d) Kidnapping;
645 (e) Aggravated child abuse;
646 (f) Aggravated assault;
647 (g) Aggravated stalking;
648 (h) Murder;
649 (i) Manslaughter;
650 (j) Unlawful throwing, placing, or discharging of a
651 destructive device or bomb;
652 (k) Armed burglary;
653 (l) Aggravated battery;
654 (m) Carjacking;
655 (n) Home-invasion robbery;
656 (o) Burglary with an assault or battery;
657 (p) Any lewd or lascivious offense committed upon or in the
658 presence of a person less than 16 years of age; or
659 (q) Carrying, displaying, using, threatening to use, or
660 attempting to use a weapon or firearm during the commission of a
661 felony.
662 (2) The child is at least 13 years of age at the time of
663 the disposition, the current offense is a felony, and the child
664 has previously been committed three or more times to a
665 delinquency commitment program.
666 (3) The child is at least 13 years of age and is currently
667 committed for a felony offense and transferred from a moderate
668 risk or high-risk residential commitment placement.
669 (4) The child is at least 13 years of age at the time of
670 the disposition for the current offense, the child is eligible
671 for prosecution as an adult for the current offense, and the
672 current offense is ranked at level 7 or higher on the Criminal
673 Punishment Code offense severity ranking chart pursuant to s.
674 921.0022.
675 Section 14. Paragraph (a) of subsection (3) of section
676 985.601, Florida Statutes, is amended, and subsection (12) is
677 added to that section, to read:
678 985.601 Administering the juvenile justice continuum.—
679 (3)(a) The department shall develop or contract for
680 diversified and innovative programs to provide rehabilitative
681 treatment, including early intervention and prevention,
682 diversion, comprehensive intake, case management, diagnostic and
683 classification assessments, trauma-informed care, individual and
684 family counseling, family engagement resources and programs,
685 sex-specific gender-specific programming, shelter care,
686 diversified detention care emphasizing alternatives to secure
687 detention, diversified probation, halfway houses, foster homes,
688 community-based substance abuse treatment services, community
689 based mental health treatment services, community-based
690 residential and nonresidential programs, mother-infant programs,
691 and environmental programs. The department may pay expenses in
692 support of innovative programs and activities that address
693 identified needs and the well-being of children in the
694 department’s care or under its supervision, subject to the
695 requirements of chapters 215, 216, and 287. Each program shall
696 place particular emphasis on reintegration and conditional
697 release for all children in the program.
698 (12) The department may use state or federal funds to
699 purchase and distribute promotional and educational materials
700 that are consistent with the dignity and integrity of the state
701 for all of the following purposes:
702 (a) Educating children and families about the juvenile
703 justice continuum, including local prevention programs or
704 community services available for participation or enrollment.
705 (b) Staff recruitment at job fairs, career fairs, community
706 events, the Institute for Commercialization of Florida
707 Technology, community college campuses, or state university
708 campuses.
709 (c) Educating children and families on children-specific
710 public safety issues, including, but not limited to, safe
711 storage of adult-owned firearms, consequences of child firearm
712 offenses, human trafficking, or drug and alcohol abuse.
713 Section 15. Section 985.664, Florida Statutes, is amended
714 to read:
715 985.664 Juvenile justice circuit advisory boards.—
716 (1) Each judicial circuit in this state shall have There is
717 authorized a juvenile justice circuit advisory board to be
718 established in each of the 20 judicial circuits. The Except in
719 single-county circuits, each juvenile justice circuit advisory
720 board shall work with the chief probation officer of the circuit
721 to use data to inform policies and practices that better improve
722 the juvenile justice continuum have a county organization
723 representing each of the counties in the circuit. The county
724 organization shall report directly to the juvenile justice
725 circuit advisory board on the juvenile justice needs of the
726 county. The purpose of each juvenile justice circuit advisory
727 board is to provide advice and direction to the department in
728 the development and implementation of juvenile justice programs
729 and to work collaboratively with the department in seeking
730 program improvements and policy changes to address the emerging
731 and changing needs of Florida’s youth who are at risk of
732 delinquency.
733 (2) The duties and responsibilities of a juvenile justice
734 circuit advisory board include, but are not limited to:
735 (a) Developing a comprehensive plan for the circuit. The
736 initial circuit plan shall be submitted to the department no
737 later than December 31, 2014, and no later than June 30 every 3
738 years thereafter. The department shall prescribe a format and
739 content requirements for the submission of the comprehensive
740 plan.
741 (b) Participating in the facilitation of interagency
742 cooperation and information sharing.
743 (c) Providing recommendations for public or private grants
744 to be administered by one of the community partners that support
745 one or more components of the comprehensive circuit plan.
746 (d) Providing recommendations to the department in the
747 evaluation of prevention and early intervention grant programs,
748 including the Community Juvenile Justice Partnership Grant
749 program established in s. 985.676 and proceeds from the Invest
750 in Children license plate annual use fees.
751 (e) Providing an annual report to the department describing
752 the board’s activities. The department shall prescribe a format
753 and content requirements for submission of annual reports. The
754 annual report must be submitted to the department no later than
755 August 1 of each year.
756 (3) Each juvenile justice circuit advisory board shall have
757 a minimum of 14 16 members. The membership of each board must
758 reflect:
759 (a) The circuit’s geography and population distribution.
760 (b) Diversity in the judicial circuit.
761 (3)(4) Each member of the juvenile justice circuit advisory
762 board must be approved by the chief probation officer of the
763 circuit Secretary of Juvenile Justice, except those members
764 listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The
765 juvenile justice circuit advisory boards established under
766 subsection (1) must include as members:
767 (a) The state attorney or his or her designee.
768 (b) The public defender or his or her designee.
769 (c) The chief judge or his or her designee.
770 (d) A representative of the corresponding circuit or
771 regional entity of the Department of Children and Families.
772 (e) The sheriff or the sheriff’s designee from each county
773 in the circuit.
774 (f) A police chief or his or her designee from each county
775 in the circuit.
776 (g) A county commissioner or his or her designee from each
777 county in the circuit.
778 (h) The superintendent of each school district in the
779 circuit or his or her designee.
780 (i) A representative from the workforce organization of
781 each county in the circuit.
782 (j) A representative of the business community.
783 (k) A youth representative who has had an experience with
784 the juvenile justice system and is not older than 21 years of
785 age.
786 (l) A representative of the faith community.
787 (m) A health services representative who specializes in
788 mental health care, victim-service programs, or victims of
789 crimes.
790 (n) A parent or family member of a youth who has been
791 involved with the juvenile justice system.
792 (o) Up to three five representatives from any of the
793 community following who are not otherwise represented in this
794 subsection:
795 1. Community leaders.
796 2. Youth-serving coalitions.
797 (4)(5) The chief probation officer in each circuit shall
798 serve as the chair of the juvenile justice circuit advisory
799 board for that circuit When a vacancy in the office of the chair
800 occurs, the juvenile justice circuit advisory board shall
801 appoint a new chair, who must meet the board membership
802 requirements in subsection (4). The chair shall appoint members
803 to vacant seats within 45 days after the vacancy and submit the
804 appointments to the department for approval. The chair shall
805 serve at the pleasure of the Secretary of Juvenile Justice.
806 (6) A member may not serve more than three consecutive 2
807 year terms, except those members listed in paragraphs (4)(a),
808 (b), (c), (e), (f), (g), and (h). A former member who has not
809 served on the juvenile justice circuit advisory board for 2
810 years is eligible to serve on the juvenile justice circuit
811 advisory board again.
812 (7) At least half of the voting members of the juvenile
813 justice circuit advisory board constitutes a quorum. A quorum
814 must be present in order for the board to vote on a measure or
815 position.
816 (8) In order for a juvenile justice circuit advisory board
817 measure or position to pass, it must receive more than 50
818 percent of the vote.
819 (9) Each juvenile justice circuit advisory board must
820 provide for the establishment of an executive committee of not
821 more than 10 members. The duties and authority of the executive
822 committee must be addressed in the bylaws.
823 (10) Each juvenile justice circuit advisory board shall
824 have bylaws. The department shall prescribe a format and content
825 requirements for the bylaws. All bylaws must be approved by the
826 department. The bylaws shall address at least the following
827 issues: election or appointment of officers; filling of vacant
828 positions; meeting attendance requirements; and the
829 establishment and duties of an executive committee.
830 (11) Members of juvenile justice circuit advisory boards
831 are subject to part III of chapter 112.
832 Section 16. Subsections (1) and (2) of section 985.676,
833 Florida Statutes, are amended to read:
834 985.676 Community juvenile justice partnership grants.—
835 (1) GRANTS; CRITERIA.—
836 (a) In order to encourage the development of a circuit
837 juvenile justice plan and the development and implementation of
838 circuit interagency agreements under s. 985.664, the community
839 juvenile justice partnership grant program is established and
840 shall be administered by the department.
841 (b) In awarding these grants, the department shall consider
842 applications that at a minimum provide for the following:
843 1. The participation of the agencies and programs needed to
844 implement the project or program for which the applicant is
845 applying;
846 2. The reduction of truancy and in-school and out-of-school
847 suspensions and expulsions, the enhancement of school safety,
848 and other delinquency early-intervention and diversion services;
849 3. The number of youths from 10 through 17 years of age
850 within the geographic area to be served by the program, giving
851 those geographic areas having the highest number of youths from
852 10 to 17 years of age priority for selection;
853 4. The extent to which the program targets high-juvenile
854 crime neighborhoods and those public schools serving juveniles
855 from high-crime neighborhoods;
856 5. The validity and cost-effectiveness of the program; and
857 6. The degree to which the program is located in and
858 managed by local leaders of the target neighborhoods and public
859 schools serving the target neighborhoods.
860 (c) In addition, the department may consider the following
861 criteria in awarding grants:
862 1. The circuit juvenile justice plan and any county
863 juvenile justice plans that are referred to or incorporated into
864 the circuit plan, including a list of individuals, groups, and
865 public and private entities that participated in the development
866 of the plan.
867 2. The diversity of community entities participating in the
868 development of the circuit juvenile justice plan.
869 3. The number of community partners who will be actively
870 involved in the operation of the grant program.
871 4. The number of students or youths to be served by the
872 grant and the criteria by which they will be selected.
873 5. The criteria by which the grant program will be
874 evaluated and, if deemed successful, the feasibility of
875 implementation in other communities.
876 (2) GRANT APPLICATION PROCEDURES.—
877 (a) Each entity wishing to apply for an annual community
878 juvenile justice partnership grant, which may be renewed for a
879 maximum of 2 additional years for the same provision of
880 services, shall submit a grant proposal for funding or continued
881 funding to the department. The department shall establish the
882 grant application procedures. In order to be considered for
883 funding, the grant proposal shall include the following
884 assurances and information:
885 1. A letter from the chair of the juvenile justice circuit
886 board confirming that the grant application has been reviewed
887 and found to support one or more purposes or goals of the
888 juvenile justice plan as developed by the board.
889 2. A rationale and description of the program and the
890 services to be provided, including goals and objectives.
891 2.3. A method for identification of the juveniles most
892 likely to be involved in the juvenile justice system who will be
893 the focus of the program.
894 3.4. Provisions for the participation of parents and
895 guardians in the program.
896 4.5. Coordination with other community-based and social
897 service prevention efforts, including, but not limited to, drug
898 and alcohol abuse prevention and dropout prevention programs,
899 that serve the target population or neighborhood.
900 5.6. An evaluation component to measure the effectiveness
901 of the program in accordance with s. 985.632.
902 6.7. A program budget, including the amount and sources of
903 local cash and in-kind resources committed to the budget. The
904 proposal must establish to the satisfaction of the department
905 that the entity will make a cash or in-kind contribution to the
906 program of a value that is at least equal to 20 percent of the
907 amount of the grant.
908 7.8. The necessary program staff.
909 (b) The department shall consider the recommendations of
910 community stakeholders the juvenile justice circuit advisory
911 board as to the priority that should be given to proposals
912 submitted by entities within a circuit in awarding such grants.
913 (c) The department shall make available, to anyone wishing
914 to apply for such a grant, information on all of the criteria to
915 be used in the selection of the proposals for funding pursuant
916 to the provisions of this subsection.
917 (d) The department shall review all program proposals
918 submitted. Entities submitting proposals shall be notified of
919 approval not later than June 30 of each year.
920 (e) Each entity that is awarded a grant as provided for in
921 this section shall submit an annual evaluation report to the
922 department and, the circuit juvenile justice manager, and the
923 juvenile justice circuit advisory board, by a date subsequent to
924 the end of the contract period established by the department,
925 documenting the extent to which the program objectives have been
926 met, the effect of the program on the juvenile arrest rate, and
927 any other information required by the department. The department
928 shall coordinate and incorporate all such annual evaluation
929 reports with s. 985.632. Each entity is also subject to a
930 financial audit and a performance audit.
931 (f) The department may establish rules and policy
932 provisions necessary to implement this section.
933 Section 17. Subsection (2) of section 1003.51, Florida
934 Statutes, is amended to read:
935 1003.51 Other public educational services.—
936 (2) The State Board of Education shall adopt rules
937 articulating expectations for effective education programs for
938 students in Department of Juvenile Justice programs, including,
939 but not limited to, education programs in juvenile justice
940 prevention, day treatment, residential, and detention programs.
941 The rules rule shall establish policies and standards for
942 education programs for students in Department of Juvenile
943 Justice programs and shall include the following:
944 (a) The interagency collaborative process needed to ensure
945 effective programs with measurable results.
946 (b) The responsibilities of the Department of Education,
947 the Department of Juvenile Justice, CareerSource Florida, Inc.,
948 district school boards, and providers of education services to
949 students in Department of Juvenile Justice programs.
950 (c) Academic expectations.
951 (d) Career expectations.
952 (e) Education transition planning and services.
953 (f) Service delivery options available to district school
954 boards, including direct service and contracting.
955 (g) Assessment procedures, which:
956 1. For prevention and, day treatment, and residential
957 programs, include appropriate academic and career assessments
958 administered at program entry and exit that are selected by the
959 Department of Education in partnership with representatives from
960 the Department of Juvenile Justice, district school boards, and
961 education providers. Assessments must be completed within the
962 first 10 school days after a student’s entry into the program.
963 2. Provide for determination of the areas of academic need
964 and strategies for appropriate intervention and instruction for
965 each student in a detention facility within 5 school days after
966 the student’s entry into the program and administer a research
967 based assessment that will assist the student in determining his
968 or her educational and career options and goals within 22 school
969 days after the student’s entry into the program.
970
971 The results of these assessments, together with a portfolio
972 depicting the student’s academic and career accomplishments,
973 shall be included in the discharge packet assembled for each
974 student.
975 (h) Recommended instructional programs, including, but not
976 limited to:
977 1. Secondary education.
978 2. High school equivalency examination preparation.
979 3. Postsecondary education.
980 4. Career and professional education (CAPE).
981 5. Job preparation.
982 6. Virtual education that:
983 a. Provides competency-based instruction that addresses the
984 unique academic needs of the student through delivery by an
985 entity accredited by an accrediting body approved by the
986 Department of Education AdvanceED or the Southern Association of
987 Colleges and Schools.
988 b. Confers certifications and diplomas.
989 c. Issues credit that articulates with and transcripts that
990 are recognized by secondary schools.
991 d. Allows the student to continue to access and progress
992 through the program once the student leaves the juvenile justice
993 system.
994 (i) Funding requirements, which must provide that at least
995 95 percent of the FEFP funds generated by students in Department
996 of Juvenile Justice programs or in an education program for
997 juveniles under s. 985.19 must be spent on instructional costs
998 for those students. Department of Juvenile Justice education
999 programs are entitled to 100 percent of the formula-based
1000 categorical funds generated by students in Department of
1001 Juvenile Justice programs. Such funds must be spent on
1002 appropriate categoricals, such as instructional materials and
1003 public school technology for those students.
1004 (j) Qualifications of instructional staff, procedures for
1005 the selection of instructional staff, and procedures for
1006 consistent instruction and qualified staff year-round.
1007 Qualifications shall include those for instructors of CAPE
1008 courses, standardized across the state, and shall be based on
1009 state certification, local school district approval, and
1010 industry-recognized certifications as identified on the CAPE
1011 Industry Certification Funding List. Procedures for the use of
1012 noncertified instructional personnel who possess expert
1013 knowledge or experience in their fields of instruction shall be
1014 established.
1015 (k) Transition services, including the roles and
1016 responsibilities of appropriate personnel in the juvenile
1017 justice education program, the school district where the student
1018 will reenter, provider organizations, and the Department of
1019 Juvenile Justice.
1020 (l) Procedures and timeframe for transfer of education
1021 records when a student enters and leaves a Department of
1022 Juvenile Justice education program.
1023 (m) The requirement that each district school board
1024 maintain an academic transcript for each student enrolled in a
1025 juvenile justice education program that delineates each course
1026 completed by the student as provided by the State Course Code
1027 Directory.
1028 (n) The requirement that each district school board make
1029 available and transmit a copy of a student’s transcript in the
1030 discharge packet when the student exits a juvenile justice
1031 education program.
1032 (o) Contract requirements.
1033 (p) Performance expectations for providers and district
1034 school boards, including student performance measures by type of
1035 program, education program performance ratings, school
1036 improvement, and corrective action plans for low-performing
1037 programs.
1038 (q) The role and responsibility of the district school
1039 board in securing workforce development funds.
1040 (r) A series of graduated sanctions for district school
1041 boards whose educational programs in Department of Juvenile
1042 Justice programs are considered to be unsatisfactory and for
1043 instances in which district school boards fail to meet standards
1044 prescribed by law, rule, or State Board of Education policy.
1045 These sanctions shall include the option of requiring a district
1046 school board to contract with a provider or another district
1047 school board if the educational program at the Department of
1048 Juvenile Justice program is performing below minimum standards
1049 and, after 6 months, is still performing below minimum
1050 standards.
1051 (q)(s) Curriculum, guidance counseling, transition, and
1052 education services expectations, including curriculum
1053 flexibility for detention centers operated by the Department of
1054 Juvenile Justice.
1055 (r)(t) Other aspects of program operations.
1056 Section 18. Section 1003.52, Florida Statutes, is amended
1057 to read:
1058 1003.52 Educational services in Department of Juvenile
1059 Justice programs.—
1060 (1) The Department of Education shall serve as the lead
1061 agency for juvenile justice education programs, curriculum,
1062 support services, and resources. To this end, the Department of
1063 Education and the Department of Juvenile Justice shall each
1064 designate a Coordinator for Juvenile Justice Education Programs
1065 to serve as the point of contact for resolving issues not
1066 addressed by district school boards and to provide each
1067 department’s participation in the following activities:
1068 (a) Training, collaborating, and coordinating with district
1069 school boards, local workforce development boards, and local
1070 youth councils, educational contract providers, and juvenile
1071 justice providers, whether state operated or contracted.
1072 (b) Collecting information on the academic, career and
1073 technical professional education (CAPE), and transition
1074 performance of students in juvenile justice programs and
1075 reporting on the results.
1076 (c) Developing academic and career and technical education
1077 CAPE protocols that provide guidance to district school boards
1078 and juvenile justice education providers in all aspects of
1079 education programming, including records transfer and
1080 transition.
1081 (d) Implementing a joint accountability, program
1082 performance, and program improvement process.
1083
1084 Annually, a cooperative agreement and plan for juvenile justice
1085 education service enhancement shall be developed between the
1086 Department of Juvenile Justice and the Department of Education
1087 and submitted to the Secretary of Juvenile Justice and the
1088 Commissioner of Education by June 30. The plan shall include, at
1089 a minimum, each agency’s role regarding educational program
1090 accountability, technical assistance, training, and coordination
1091 of services.
1092 (2) Students participating in Department of Juvenile
1093 Justice education programs pursuant to chapter 985 which are
1094 sponsored by a community-based agency or are operated or
1095 contracted for by the Department of Juvenile Justice shall
1096 receive education programs according to rules of the State Board
1097 of Education. These students shall be eligible for services
1098 afforded to students enrolled in programs pursuant to s. 1003.53
1099 and all corresponding State Board of Education rules.
1100 (3) The district school board of the county in which the
1101 juvenile justice education prevention, day treatment,
1102 residential, or detention program is located shall provide or
1103 contract for appropriate educational assessments and an
1104 appropriate program of instruction and special education
1105 services.
1106 (a) All contracts between a district school board desiring
1107 to contract directly with juvenile justice education programs to
1108 provide academic instruction for students in such programs must
1109 be in writing. Unless both parties agree to an extension of
1110 time, the district school board and the juvenile justice
1111 education program shall negotiate and execute a new or renewal
1112 contract within 40 days after the district school board provides
1113 the proposal to the juvenile justice education program. The
1114 Department of Education shall provide mediation services for any
1115 disputes relating to this paragraph.
1116 (b) District school boards shall satisfy invoices issued by
1117 juvenile justice education programs within 15 working days after
1118 receipt. If a district school board does not timely issue a
1119 warrant for payment, it must pay to the juvenile justice
1120 education program interest at a rate of 1 percent per month,
1121 calculated on a daily basis, on the unpaid balance until such
1122 time as a warrant is issued for the invoice and accrued interest
1123 amount. The district school board may not delay payment to a
1124 juvenile justice education program of any portion of funds owed
1125 pending the district’s receipt of local funds.
1126 (c) The district school board shall make provisions for
1127 each student to participate in basic career and technical
1128 education, CAPE, and exceptional student programs, as
1129 appropriate. Students served in Department of Juvenile Justice
1130 education programs shall have access to the appropriate courses
1131 and instruction to prepare them for the high school equivalency
1132 examination. Students participating in high school equivalency
1133 examination preparation programs shall be funded at the basic
1134 program cost factor for Department of Juvenile Justice programs
1135 in the Florida Education Finance Program. Each program shall be
1136 conducted according to applicable law providing for the
1137 operation of public schools and rules of the State Board of
1138 Education. School districts shall provide the high school
1139 equivalency examination exit option for all juvenile justice
1140 education programs.
1141 (d) The Department of Education, with the assistance of the
1142 school districts and juvenile justice education providers, shall
1143 select a common student assessment instrument and protocol for
1144 measuring student learning gains and student progression while a
1145 student is in a juvenile justice education program. The
1146 Department of Education and the Department of Juvenile Justice
1147 shall jointly review the effectiveness of this assessment and
1148 implement changes as necessary.
1149 (4) Educational services shall be provided at times of the
1150 day most appropriate for the juvenile justice program. School
1151 programming in juvenile justice detention, prevention, or day
1152 treatment, and residential programs shall be made available by
1153 the local school district during the juvenile justice school
1154 year, as provided in s. 1003.01(14). In addition, students in
1155 juvenile justice education programs shall have access to courses
1156 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The
1157 Department of Education and the school districts shall adopt
1158 policies necessary to provide such access.
1159 (5) The educational program shall provide instruction based
1160 on each student’s individualized transition plan, assessed
1161 educational needs, and the education programs available in the
1162 school district in which the student will return. Depending on
1163 the student’s needs, educational programming may consist of
1164 remedial courses, academic courses required for grade
1165 advancement, CAPE courses, high school equivalency examination
1166 preparation, or exceptional student education curricula and
1167 related services which support the transition goals and reentry
1168 and which may lead to completion of the requirements for receipt
1169 of a high school diploma or its equivalent. Prevention and day
1170 treatment juvenile justice education programs, at a minimum,
1171 shall provide career readiness and exploration opportunities as
1172 well as truancy and dropout prevention intervention services.
1173 Residential juvenile justice education programs with a
1174 contracted minimum length of stay of 9 months shall provide CAPE
1175 courses that lead to preapprentice certifications and industry
1176 certifications. Programs with contracted lengths of stay of less
1177 than 9 months may provide career education courses that lead to
1178 preapprentice certifications and CAPE industry certifications.
1179 If the duration of a program is less than 40 days, the
1180 educational component may be limited to tutorial remediation
1181 activities, career employability skills instruction, education
1182 counseling, and transition services that prepare students for a
1183 return to school, the community, and their home settings based
1184 on the students’ needs.
1185 (6) Participation in the program by students of compulsory
1186 school-attendance age as provided for in s. 1003.21 shall be
1187 mandatory. All students of noncompulsory school-attendance age
1188 who have not received a high school diploma or its equivalent
1189 shall participate in the educational program, unless the student
1190 files a formal declaration of his or her intent to terminate
1191 school enrollment as described in s. 1003.21 and is afforded the
1192 opportunity to take the high school equivalency examination and
1193 attain a Florida high school diploma before release from a
1194 juvenile justice education program. A student who has received a
1195 high school diploma or its equivalent and is not employed shall
1196 participate in workforce development or other CAPE education or
1197 Florida College System institution or university courses while
1198 in the program, subject to available funding.
1199 (7) An individualized progress monitoring plan shall be
1200 developed for all students not classified as exceptional
1201 education students upon entry in a juvenile justice education
1202 program and upon reentry in the school district. These plans
1203 shall address academic, literacy, and career and technical
1204 skills and shall include provisions for intensive remedial
1205 instruction in the areas of weakness.
1206 (8) Each district school board shall maintain an academic
1207 record for each student enrolled in a juvenile justice education
1208 program as prescribed by s. 1003.51. Such record shall delineate
1209 each course completed by the student according to procedures in
1210 the State Course Code Directory. The district school board shall
1211 include a copy of a student’s academic record in the discharge
1212 packet when the student exits the program.
1213 (9) Each district school board shall make provisions for
1214 high school level students to earn credits toward high school
1215 graduation while in residential and nonresidential juvenile
1216 justice detention, prevention, or day treatment education
1217 programs. Provisions must be made for the transfer of credits
1218 and partial credits earned.
1219 (10) School districts and juvenile justice education
1220 providers shall develop individualized transition plans during
1221 the course of a student’s stay in a juvenile justice education
1222 program to coordinate academic, career and technical, and
1223 secondary and postsecondary services that assist the student in
1224 successful community reintegration upon release. Development of
1225 the transition plan shall be a collaboration of the personnel in
1226 the juvenile justice education program, reentry personnel,
1227 personnel from the school district where the student will
1228 return, the student, the student’s family, and the Department of
1229 Juvenile Justice personnel for committed students.
1230 (a) Transition planning must begin upon a student’s
1231 placement in the program. The transition plan must include, at a
1232 minimum:
1233 1. Services and interventions that address the student’s
1234 assessed educational needs and postrelease education plans.
1235 2. Services to be provided during the program stay and
1236 services to be implemented upon release, including, but not
1237 limited to, continuing education in secondary school, CAPE
1238 programs, postsecondary education, or employment, based on the
1239 student’s needs.
1240 3. Specific monitoring responsibilities to determine
1241 whether the individualized transition plan is being implemented
1242 and the student is provided access to support services that will
1243 sustain the student’s success by individuals who are responsible
1244 for the reintegration and coordination of these activities.
1245 (b) For the purpose of transition planning and reentry
1246 services, representatives from the school district and the one
1247 stop center where the student will return shall participate as
1248 members of the local Department of Juvenile Justice reentry
1249 teams. The school district, upon return of a student from a
1250 juvenile justice education program, must consider the individual
1251 needs and circumstances of the student and the transition plan
1252 recommendations when reenrolling a student in a public school. A
1253 local school district may not maintain a standardized policy for
1254 all students returning from a juvenile justice program but place
1255 students based on their needs and their performance in the
1256 juvenile justice education program, including any virtual
1257 education options.
1258 (c) The Department of Education and the Department of
1259 Juvenile Justice shall provide oversight and guidance to school
1260 districts, education providers, and reentry personnel on how to
1261 implement effective educational transition planning and
1262 services.
1263 (11) The district school board shall recruit and train
1264 teachers who are interested, qualified, or experienced in
1265 educating students in juvenile justice programs. Students in
1266 juvenile justice programs shall be provided a wide range of
1267 education programs and opportunities including textbooks,
1268 technology, instructional support, and resources commensurate
1269 with resources provided to students in public schools, including
1270 textbooks and access to technology. If the district school board
1271 operates a juvenile justice education program at a juvenile
1272 justice facility, the district school board, in consultation
1273 with the director of the juvenile justice facility, shall select
1274 the instructional personnel assigned to that program. The
1275 Secretary of Juvenile Justice or the director of a juvenile
1276 justice program may request that the performance of a teacher
1277 assigned by the district to a juvenile justice education program
1278 be reviewed by the district and that the teacher be reassigned
1279 based upon an evaluation conducted pursuant to s. 1012.34 or for
1280 inappropriate behavior. Juvenile justice education programs
1281 shall have access to the substitute teacher pool used by the
1282 district school board.
1283 (12) District school boards may contract with a private
1284 provider for the provision of education programs to students
1285 placed in juvenile justice detention, prevention, or day
1286 treatment programs with the Department of Juvenile Justice and
1287 shall generate local, state, and federal funding, including
1288 funding through the Florida Education Finance Program for such
1289 students. The district school board’s planning and budgeting
1290 process shall include the needs of Department of Juvenile
1291 Justice education programs in the district school board’s plan
1292 for expenditures for state categorical and federal funds.
1293 (13)(a) Eligible students enrolled in juvenile justice
1294 education programs shall be funded the same as students enrolled
1295 in traditional public schools funded in the Florida Education
1296 Finance Program and as specified in s. 1011.62 and the General
1297 Appropriations Act.
1298 (b) Juvenile justice education programs to receive the
1299 appropriate FEFP funding for Department of Juvenile Justice
1300 education programs shall include those operated through a
1301 contract with the Department of Juvenile Justice.
1302 (c) Consistent with the rules of the State Board of
1303 Education, district school boards shall request an alternative
1304 FTE survey for Department of Juvenile Justice education programs
1305 experiencing fluctuations in student enrollment.
1306 (d) FTE count periods shall be prescribed in rules of the
1307 State Board of Education and shall be the same for programs of
1308 the Department of Juvenile Justice as for other public school
1309 programs. The summer school period for students in Department of
1310 Juvenile Justice education programs shall begin on the day
1311 immediately following the end of the regular school year and end
1312 on the day immediately preceding the subsequent regular school
1313 year. Students shall be funded for no more than 25 hours per
1314 week of direct instruction.
1315 (e) Each juvenile justice education program must receive
1316 all federal funds for which the program is eligible.
1317 (14) Each district school board shall negotiate a
1318 cooperative agreement with the Department of Juvenile Justice on
1319 the delivery of educational services to students in juvenile
1320 justice detention, prevention, or day treatment programs under
1321 the jurisdiction of the Department of Juvenile Justice. Such
1322 agreement must include, but is not limited to:
1323 (a) Roles and responsibilities of each agency, including
1324 the roles and responsibilities of contract providers.
1325 (b) Administrative issues including procedures for sharing
1326 information.
1327 (c) Allocation of resources including maximization of
1328 local, state, and federal funding.
1329 (d) Procedures for educational evaluation for educational
1330 exceptionalities and special needs.
1331 (e) Curriculum and delivery of instruction.
1332 (f) Classroom management procedures and attendance
1333 policies.
1334 (g) Procedures for provision of qualified instructional
1335 personnel, whether supplied by the district school board or
1336 provided under contract by the provider, and for performance of
1337 duties while in a juvenile justice setting.
1338 (h) Provisions for improving skills in teaching and working
1339 with students referred to juvenile justice education programs.
1340 (i) Transition plans for students moving into and out of
1341 juvenile justice education programs.
1342 (j) Procedures and timelines for the timely documentation
1343 of credits earned and transfer of student records.
1344 (k) Methods and procedures for dispute resolution.
1345 (l) Provisions for ensuring the safety of education
1346 personnel and support for the agreed-upon education program.
1347 (m) Strategies for correcting any deficiencies found
1348 through the accountability and evaluation system and student
1349 performance measures.
1350 (15) Nothing in this section or in a cooperative agreement
1351 requires the district school board to provide more services than
1352 can be supported by the funds generated by students in the
1353 juvenile justice programs.
1354 (16) The Department of Education, in consultation with the
1355 Department of Juvenile Justice, district school boards, and
1356 providers, shall adopt rules establishing:
1357 (a) Objective and measurable student performance measures
1358 to evaluate a student’s educational progress while participating
1359 in a prevention, day treatment, or residential program. The
1360 student performance measures must be based on appropriate
1361 outcomes for all students in juvenile justice education
1362 programs, taking into consideration the student’s length of stay
1363 in the program. Performance measures shall include outcomes that
1364 relate to student achievement of career education goals,
1365 acquisition of employability skills, receipt of a high school
1366 diploma or its equivalent, grade advancement, and the number of
1367 CAPE industry certifications earned.
1368 (b) A performance rating system to be used by the
1369 Department of Education to evaluate the delivery of educational
1370 services within each of the juvenile justice programs. The
1371 performance rating shall be primarily based on data regarding
1372 student performance as described in paragraph (a).
1373 (c) The timeframes, procedures, and resources to be used to
1374 improve a low-rated educational program or to terminate or
1375 reassign the program.
1376 (d) The Department of Education, in partnership with the
1377 Department of Juvenile Justice, shall develop a comprehensive
1378 accountability and program improvement process. The
1379 accountability and program improvement process shall be based on
1380 student performance measures by type of program and shall rate
1381 education program performance. The accountability system shall
1382 identify and recognize high-performing education programs. The
1383 Department of Education, in partnership with the Department of
1384 Juvenile Justice, shall identify low-performing programs. Low
1385 performing education programs shall receive an onsite program
1386 evaluation from the Department of Juvenile Justice. School
1387 improvement, technical assistance, or the reassignment of the
1388 program shall be based, in part, on the results of the program
1389 evaluation. Through a corrective action process, low-performing
1390 programs must demonstrate improvement or the programs shall be
1391 reassigned.
1392 (17) The department, in collaboration with the Department
1393 of Juvenile Justice, shall collect data and report on
1394 commitment, day treatment, prevention, and detention programs.
1395 The report shall be submitted to the President of the Senate,
1396 the Speaker of the House of Representatives, and the Governor by
1397 February 1 of each year. The report must include, at a minimum:
1398 (a) The number and percentage of students who:
1399 1. Return to an alternative school, middle school, or high
1400 school upon release and the attendance rate of such students
1401 before and after participation in juvenile justice education
1402 programs.
1403 2. Receive a standard high school diploma or a high school
1404 equivalency diploma.
1405 3. Receive industry certification.
1406 4. Enroll in a postsecondary educational institution.
1407 5. Complete a juvenile justice education program without
1408 reoffending.
1409 6. Reoffend within 1 year after completion of a day
1410 treatment or residential commitment program.
1411 7. Remain employed 1 year after completion of a day
1412 treatment or residential commitment program.
1413 8. Demonstrate learning gains pursuant to paragraph (3)(d).
1414 (b) The following cost data for each juvenile justice
1415 education program:
1416 1. The amount of funding provided by district school boards
1417 to juvenile justice programs and the amount retained for
1418 administration, including documenting the purposes of such
1419 expenses.
1420 2. The status of the development of cooperative agreements.
1421 3. Recommendations for system improvement.
1422 4. Information on the identification of, and services
1423 provided to, exceptional students, to determine whether these
1424 students are properly reported for funding and are appropriately
1425 served.
1426 (18) The district school board shall not be charged any
1427 rent, maintenance, utilities, or overhead on such facilities.
1428 Maintenance, repairs, and remodeling of existing facilities
1429 shall be provided by the Department of Juvenile Justice.
1430 (17)(19) When additional facilities are required in
1431 juvenile justice detention, prevention, or day treatment
1432 programs, the district school board and the Department of
1433 Juvenile Justice shall agree on the appropriate site based on
1434 the instructional needs of the students. When the most
1435 appropriate site for instruction is on district school board
1436 property, a special capital outlay request shall be made by the
1437 commissioner in accordance with s. 1013.60. When the most
1438 appropriate site is on state property, state capital outlay
1439 funds shall be requested by the Department of Juvenile Justice
1440 provided by s. 216.043 and shall be submitted as specified by s.
1441 216.023. Any instructional facility to be built on state
1442 property shall have educational specifications jointly developed
1443 by the district school board and the Department of Juvenile
1444 Justice and approved by the Department of Education. The size of
1445 space and occupant design capacity criteria as provided by State
1446 Board of Education rules shall be used for remodeling or new
1447 construction whether facilities are provided on state property
1448 or district school board property.
1449 (18)(20) The parent of an exceptional student shall have
1450 the due process rights provided for in this chapter.
1451 (19)(21) The State Board of Education shall adopt rules
1452 necessary to implement this section. Such rules must require the
1453 minimum amount of paperwork and reporting.
1454 (22) The Department of Juvenile Justice and the Department
1455 of Education, in consultation with CareerSource Florida, Inc.,
1456 the statewide Workforce Development Youth Council, district
1457 school boards, Florida College System institutions, providers,
1458 and others, shall jointly develop a multiagency plan for CAPE
1459 which describes the funding, curriculum, transfer of credits,
1460 goals, and outcome measures for career education programming in
1461 juvenile commitment facilities, pursuant to s. 985.622. The plan
1462 must be reviewed annually.
1463 Section 19. Paragraph (a) of subsection (2) of section
1464 330.41, Florida Statutes, is amended to read:
1465 330.41 Unmanned Aircraft Systems Act.—
1466 (2) DEFINITIONS.—As used in this act, the term:
1467 (a) “Critical infrastructure facility” means any of the
1468 following, if completely enclosed by a fence or other physical
1469 barrier that is obviously designed to exclude intruders, or if
1470 clearly marked with a sign or signs which indicate that entry is
1471 forbidden and which are posted on the property in a manner
1472 reasonably likely to come to the attention of intruders:
1473 1. A power generation or transmission facility, substation,
1474 switching station, or electrical control center.
1475 2. A chemical or rubber manufacturing or storage facility.
1476 3. A water intake structure, water treatment facility,
1477 wastewater treatment plant, or pump station.
1478 4. A mining facility.
1479 5. A natural gas or compressed gas compressor station,
1480 storage facility, or natural gas or compressed gas pipeline.
1481 6. A liquid natural gas or propane gas terminal or storage
1482 facility.
1483 7. Any portion of an aboveground oil or gas pipeline.
1484 8. A refinery.
1485 9. A gas processing plant, including a plant used in the
1486 processing, treatment, or fractionation of natural gas.
1487 10. A wireless communications facility, including the
1488 tower, antennae, support structures, and all associated ground
1489 based equipment.
1490 11. A seaport as listed in s. 311.09(1), which need not be
1491 completely enclosed by a fence or other physical barrier and
1492 need not be marked with a sign or signs indicating that entry is
1493 forbidden.
1494 12. An inland port or other facility or group of facilities
1495 serving as a point of intermodal transfer of freight in a
1496 specific area physically separated from a seaport.
1497 13. An airport as defined in s. 330.27.
1498 14. A spaceport territory as defined in s. 331.303(18).
1499 15. A military installation as defined in 10 U.S.C. s.
1500 2801(c)(4) and an armory as defined in s. 250.01.
1501 16. A dam as defined in s. 373.403(1) or other structures,
1502 such as locks, floodgates, or dikes, which are designed to
1503 maintain or control the level of navigable waterways.
1504 17. A state correctional institution as defined in s.
1505 944.02 or a private correctional facility authorized under
1506 chapter 957.
1507 18. A secure detention center or facility as defined in s.
1508 985.03, or a moderate-risk nonsecure residential facility, a
1509 high-risk residential facility, or a maximum-risk residential
1510 facility as those terms are described in s. 985.03(44).
1511 19. A county detention facility as defined in s. 951.23.
1512 20. A critical infrastructure facility as defined in s.
1513 692.201.
1514 Section 20. Paragraphs (c) and (j) of subsection (3),
1515 paragraph (a) of subsection (10), and paragraph (f) of
1516 subsection (12) of section 553.865, Florida Statutes, are
1517 amended to read:
1518 553.865 Private spaces.—
1519 (3) As used in this section, the term:
1520 (c) “Covered entity” means any:
1521 1. Correctional institution;
1522 2. Detention facility;
1523 3. Educational institution;
1524 4. Maximum-risk residential facilities Juvenile
1525 correctional facility or juvenile prison as described in s.
1526 985.465, any detention center or facility designated by the
1527 Department of Juvenile Justice to provide secure detention as
1528 defined in s. 985.03(18)(a), and any facility used for a
1529 residential program as described in s. 985.03(44) s.
1530 985.03(44)(b), (c), or (d); or
1531 5. Public building.
1532 (j) “Public building” means a building comfort-conditioned
1533 for occupancy which is owned or leased by the state, a state
1534 agency, or a political subdivision. The term does not include a
1535 correctional institution, a detention facility, an educational
1536 institution, a maximum-risk residential juvenile correctional
1537 facility or juvenile prison as described in s. 985.465, a
1538 detention center or facility designated by the Department of
1539 Juvenile Justice to provide secure detention as defined in s.
1540 985.03(18)(a), or any facility used for a residential program as
1541 described in s. 985.03(44) s. 985.03(44)(b), (c), or (d).
1542 (10)(a) Each maximum-risk residential juvenile correctional
1543 facility or juvenile prison as described in s. 985.465, each
1544 detention center or facility designated by the Department of
1545 Juvenile Justice to provide secure detention as defined in s.
1546 985.03(18)(a), and each facility used for a residential program
1547 as described in s. 985.03(44) s. 985.03(44)(b), (c), or (d)
1548 shall establish disciplinary procedures for any juvenile as
1549 defined in s. 985.03(7) who willfully enters, for a purpose
1550 other than those listed in subsection (6), a restroom or
1551 changing facility designated for the opposite sex in such
1552 juvenile correctional facility, juvenile prison, secure
1553 detention center or facility, or residential program facility
1554 and refuses to depart when asked to do so by delinquency program
1555 staff, detention staff, or residential program staff.
1556 (12) A covered entity that is:
1557 (f) A maximum-risk residential juvenile correctional
1558 facility or juvenile prison as described in s. 985.465, a
1559 detention center or facility designated by the Department of
1560 Juvenile Justice to provide secure detention as defined in s.
1561 985.03(18)(a), or a facility used for a residential program as
1562 described in s. 985.03(44) s. 985.03(44)(b), (c), or (d) shall
1563 submit documentation to the Department of Juvenile Justice
1564 regarding compliance with subsections (4) and (5), as
1565 applicable, within 1 year after being established or, if such
1566 institution or facility was established before July 1, 2023, no
1567 later than April 1, 2024.
1568 Section 21. Paragraph (c) of subsection (18) of section
1569 1001.42, Florida Statutes, is amended to read:
1570 1001.42 Powers and duties of district school board.—The
1571 district school board, acting as a board, shall exercise all
1572 powers and perform all duties listed below:
1573 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
1574 Maintain a system of school improvement and education
1575 accountability as provided by statute and State Board of
1576 Education rule. This system of school improvement and education
1577 accountability shall be consistent with, and implemented
1578 through, the district’s continuing system of planning and
1579 budgeting required by this section and ss. 1008.385, 1010.01,
1580 and 1011.01. This system of school improvement and education
1581 accountability shall comply with the provisions of ss. 1008.33,
1582 1008.34, 1008.345, and 1008.385 and include the following:
1583 (c) Public disclosure.—The district school board shall
1584 provide information regarding the performance of students and
1585 educational programs as required pursuant to ss. 1008.22 and
1586 1008.385 and implement a system of school reports as required by
1587 statute and State Board of Education rule which shall include
1588 schools operating for the purpose of providing educational
1589 services to students in Department of Juvenile Justice programs,
1590 and for those schools, report on the elements specified in s.
1591 1003.52(17). Annual public disclosure reports shall be in an
1592 easy-to-read report card format and shall include the school’s
1593 grade, high school graduation rate calculated without high
1594 school equivalency examinations, disaggregated by student
1595 ethnicity, and performance data as specified in state board
1596 rule.
1597 Section 22. For the purpose of incorporating the amendment
1598 made by this act to section 985.03, Florida Statutes, in a
1599 reference thereto, section 985.721, Florida Statutes, is
1600 reenacted to read:
1601 985.721 Escapes from secure detention or residential
1602 commitment facility.—An escape from:
1603 (1) Any secure detention facility maintained for the
1604 temporary detention of children, pending adjudication,
1605 disposition, or placement;
1606 (2) Any residential commitment facility described in s.
1607 985.03(44), maintained for the custody, treatment, punishment,
1608 or rehabilitation of children found to have committed delinquent
1609 acts or violations of law; or
1610 (3) Lawful transportation to or from any such secure
1611 detention facility or residential commitment facility,
1612
1613 constitutes escape within the intent and meaning of s. 944.40
1614 and is a felony of the third degree, punishable as provided in
1615 s. 775.082, s. 775.083, or s. 775.084.
1616 Section 23. For the purpose of incorporating the amendment
1617 made by this act to section 985.115, Florida Statutes, in a
1618 reference thereto, subsection (1) of section 985.25, Florida
1619 Statutes, is reenacted to read:
1620 985.25 Detention intake.—
1621 (1) The department shall receive custody of a child who has
1622 been taken into custody from the law enforcement agency or court
1623 and shall review the facts in the law enforcement report or
1624 probable cause affidavit and make such further inquiry as may be
1625 necessary to determine whether detention care is appropriate.
1626 (a) During the period of time from the taking of the child
1627 into custody to the date of the detention hearing, the initial
1628 decision as to the child’s placement into detention care shall
1629 be made by the department under ss. 985.24 and 985.245(1).
1630 (b) The department shall base the decision whether to place
1631 the child into detention care on an assessment of risk in
1632 accordance with the risk assessment instrument and procedures
1633 developed by the department under s. 985.245, except that a
1634 child shall be placed in secure detention care until the child’s
1635 detention hearing if the child meets the criteria specified in
1636 s. 985.255(1)(f), is charged with possessing or discharging a
1637 firearm on school property in violation of s. 790.115, or is
1638 charged with any other offense involving the possession or use
1639 of a firearm.
1640 (c) If the final score on the child’s risk assessment
1641 instrument indicates detention care is appropriate, but the
1642 department otherwise determines the child should be released,
1643 the department shall contact the state attorney, who may
1644 authorize release.
1645 (d) If the final score on the risk assessment instrument
1646 indicates detention is not appropriate, the child may be
1647 released by the department in accordance with ss. 985.115 and
1648 985.13.
1649
1650 Under no circumstances shall the department or the state
1651 attorney or law enforcement officer authorize the detention of
1652 any child in a jail or other facility intended or used for the
1653 detention of adults, without an order of the court.
1654 Section 24. For the purpose of incorporating the amendment
1655 made by this act to section 985.27, Florida Statutes, in a
1656 reference thereto, subsection (3) of section 985.255, Florida
1657 Statutes, is reenacted to read:
1658 985.255 Detention criteria; detention hearing.—
1659 (3)(a) The purpose of the detention hearing required under
1660 subsection (1) is to determine the existence of probable cause
1661 that the child has committed the delinquent act or violation of
1662 law that he or she is charged with and the need for continued
1663 detention. The court shall use the results of the risk
1664 assessment performed by the department and, based on the
1665 criteria in subsection (1), shall determine the need for
1666 continued detention. If the child is a prolific juvenile
1667 offender who is detained under s. 985.26(2)(c), the court shall
1668 use the results of the risk assessment performed by the
1669 department and the criteria in subsection (1) or subsection (2)
1670 only to determine whether the prolific juvenile offender should
1671 be held in secure detention.
1672 (b) If the court orders a placement more restrictive than
1673 indicated by the results of the risk assessment instrument, the
1674 court shall state, in writing, clear and convincing reasons for
1675 such placement.
1676 (c) Except as provided in s. 790.22(8) or s. 985.27, when a
1677 child is placed into detention care, or into a respite home or
1678 other placement pursuant to a court order following a hearing,
1679 the court order must include specific instructions that direct
1680 the release of the child from such placement no later than 5
1681 p.m. on the last day of the detention period specified in s.
1682 985.26 or s. 985.27, whichever is applicable, unless the
1683 requirements of such applicable provision have been met or an
1684 order of continuance has been granted under s. 985.26(4). If the
1685 court order does not include a release date, the release date
1686 shall be requested from the court on the same date that the
1687 child is placed in detention care. If a subsequent hearing is
1688 needed to provide additional information to the court for safety
1689 planning, the initial order placing the child in detention care
1690 shall reflect the next detention review hearing, which shall be
1691 held within 3 calendar days after the child’s initial detention
1692 placement.
1693 Section 25. For the purpose of incorporating the amendment
1694 made by this act to section 985.441, Florida Statutes, in a
1695 reference thereto, paragraph (h) of subsection (2) of section
1696 985.475, Florida Statutes, is reenacted to read:
1697 985.475 Juvenile sexual offenders.—
1698 (2) Following a delinquency adjudicatory hearing under s.
1699 985.35, the court may on its own or upon request by the state or
1700 the department and subject to specific appropriation, determine
1701 whether a juvenile sexual offender placement is required for the
1702 protection of the public and what would be the best approach to
1703 address the treatment needs of the juvenile sexual offender.
1704 When the court determines that a juvenile has no history of a
1705 recent comprehensive assessment focused on sexually deviant
1706 behavior, the court may, subject to specific appropriation,
1707 order the department to conduct or arrange for an examination to
1708 determine whether the juvenile sexual offender is amenable to
1709 community-based treatment.
1710 (h) If the juvenile sexual offender violates any condition
1711 of the disposition or the court finds that the juvenile sexual
1712 offender is failing to make satisfactory progress in treatment,
1713 the court may revoke the community-based treatment alternative
1714 and order commitment to the department under s. 985.441.
1715 Section 26. For the purpose of incorporating the amendment
1716 made by this act to section 985.441, Florida Statutes, in a
1717 reference thereto, paragraph (b) of subsection (4) of section
1718 985.565, Florida Statutes, is reenacted to read:
1719 985.565 Sentencing powers; procedures; alternatives for
1720 juveniles prosecuted as adults.—
1721 (4) SENTENCING ALTERNATIVES.—
1722 (b) Juvenile sanctions.—For juveniles transferred to adult
1723 court but who do not qualify for such transfer under s.
1724 985.556(3), the court may impose juvenile sanctions under this
1725 paragraph. If juvenile sentences are imposed, the court shall,
1726 under this paragraph, adjudge the child to have committed a
1727 delinquent act. Adjudication of delinquency may not be deemed a
1728 conviction, nor shall it operate to impose any of the civil
1729 disabilities ordinarily resulting from a conviction. The court
1730 shall impose an adult sanction or a juvenile sanction and may
1731 not sentence the child to a combination of adult and juvenile
1732 punishments. An adult sanction or a juvenile sanction may
1733 include enforcement of an order of restitution or probation
1734 previously ordered in any juvenile proceeding. However, if the
1735 court imposes a juvenile sanction and the department determines
1736 that the sanction is unsuitable for the child, the department
1737 shall return custody of the child to the sentencing court for
1738 further proceedings, including the imposition of adult
1739 sanctions. Upon adjudicating a child delinquent under subsection
1740 (1), the court may:
1741 1. Place the child in a probation program under the
1742 supervision of the department for an indeterminate period of
1743 time until the child reaches the age of 19 years or sooner if
1744 discharged by order of the court.
1745 2. Commit the child to the department for treatment in an
1746 appropriate program for children for an indeterminate period of
1747 time until the child is 21 or sooner if discharged by the
1748 department. The department shall notify the court of its intent
1749 to discharge no later than 14 days before discharge. Failure of
1750 the court to timely respond to the department’s notice shall be
1751 considered approval for discharge.
1752 3. Order disposition under ss. 985.435, 985.437, 985.439,
1753 985.441, 985.45, and 985.455 as an alternative to youthful
1754 offender or adult sentencing if the court determines not to
1755 impose youthful offender or adult sanctions.
1756
1757 It is the intent of the Legislature that the criteria and
1758 guidelines in this subsection are mandatory and that a
1759 determination of disposition under this subsection is subject to
1760 the right of the child to appellate review under s. 985.534.
1761 Section 27. This act shall take effect July 1, 2024.