Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1344
       
       
       
       
       
       
                                Ì384302sÎ384302                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2025           .                                
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       The Committee on Criminal Justice (Simon) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Chapter 984, Florida Statutes, entitled
    6  “Children and Families in Need of Services,” is renamed
    7  “Children and Families in Need of Services; Prevention and
    8  Intervention for School Truancy and Ungovernable and Runaway
    9  Children.”
   10         Section 2. Section 984.01, Florida Statutes, is amended to
   11  read:
   12         984.01 Purposes and intent; personnel standards and
   13  screening.—
   14         (1) The purposes of this chapter are:
   15         (a) To provide judicial, nonjudicial, and other procedures
   16  to address the status offenses of children who are truant from
   17  school, run away from their caregivers, or exhibit ungovernable
   18  behavior by refusing to follow the household rules of their
   19  caregivers and engage in behavior that places the child at risk
   20  of harm; and to ensure assure due process through which children
   21  and other interested parties are assured fair hearings by a
   22  respectful and respected court or other tribunal and the
   23  recognition, protection, and enforcement of their constitutional
   24  and other legal rights, while ensuring that public safety
   25  interests and the authority and dignity of the courts are
   26  adequately protected.
   27         (b) To provide for the care, safety, and protection of
   28  children in an environment that cultivates fosters healthy
   29  social, emotional, intellectual, and physical development; to
   30  ensure the safety of children secure and safe custody; and to
   31  promote the education, health, and well-being of all children
   32  under the state’s care.
   33         (c) To provide ensure the protection of society, by
   34  providing for a needs comprehensive standardized assessment of
   35  the child’s needs, strengths, and family dynamics so that the
   36  most appropriate services control, discipline, punishment, and
   37  treatment can be provided in the most appropriate environment
   38  administered consistent with the seriousness of the act
   39  committed, the community’s long-term need for public safety and
   40  the safety of the individual child, with consideration given to
   41  the education and overall well-being, the prior record of the
   42  child, and the specific rehabilitation needs of the child, while
   43  also providing restitution, whenever possible, to the victim of
   44  the offense.
   45         (d) To preserve and strengthen the child’s family ties
   46  whenever possible; provide for temporary shelter placement of
   47  the child only when necessary for the child’s education, safety,
   48  and welfare and when other less restrictive alternatives have
   49  been exhausted; provide, by providing for removal of the child
   50  from parental custody only when his or her welfare or the safety
   51  and protection of the public cannot be adequately safeguarded
   52  without such removal; and, when the child is removed from his or
   53  her own family, to secure custody, care, and education;
   54  encourage self-discipline; and increase protective factors when
   55  the child is in temporary shelter placement discipline for the
   56  child as nearly as possible equivalent to that which should have
   57  been given by the parents; and to assure, in all cases in which
   58  a child must be permanently removed from parental custody, that
   59  the child be placed in an approved family home, adoptive home,
   60  independent living program, or other placement that provides the
   61  most stable and permanent living arrangement for the child, as
   62  determined by the court.
   63         (e)1. To ensure assure that the adjudication and
   64  disposition of a child alleged or found to be a child in need of
   65  services have committed a violation of Florida law be exercised
   66  with appropriate discretion and in keeping with the seriousness
   67  of the misconduct offense and the need for treatment services,
   68  and that all findings made under this chapter be based upon
   69  facts presented at a hearing that meets the constitutional
   70  standards of fundamental fairness and due process.
   71         2.To assure that the sentencing and placement of a child
   72  tried as an adult be appropriate and in keeping with the
   73  seriousness of the offense and the child’s need for
   74  rehabilitative services, and that the proceedings and procedures
   75  applicable to such sentencing and placement be applied within
   76  the full framework of constitutional standards of fundamental
   77  fairness and due process.
   78         (f) To provide a court process through which school boards
   79  are able to access the court for the limited purpose of early
   80  truancy intervention for children, subject to compulsory
   81  education, who are not engaging in regular school attendance,
   82  and encourage school attendance by educating children and their
   83  families on the importance of regular school attendance and
   84  provide services to families to prevent the child’s pattern of
   85  truancy from becoming habitual children committed to the
   86  Department of Juvenile Justice with training in life skills,
   87  including career education.
   88         (2) The department of Juvenile Justice or the Department of
   89  Children and Families, as appropriate, may contract with the
   90  Federal Government, other state departments and agencies, county
   91  and municipal governments and agencies, public and private
   92  agencies, and private individuals and corporations in carrying
   93  out the purposes of, and the responsibilities established in,
   94  this chapter.
   95         (a) If the department contracts with a provider for any
   96  program for children, all personnel, including owners,
   97  operators, employees, and volunteers, in the facility must be of
   98  good moral character. The Each contract entered into by either
   99  department and any agency providing services for the department
  100  must require that each contract entered into for services
  101  delivered on an appointment or intermittent basis by a provider
  102  that does or does not have regular custodial responsibility for
  103  children and each contract with a school for before or aftercare
  104  services must ensure that the owners, operators, and all
  105  personnel who have direct contact with children are of good
  106  moral character and must meet level 2 screening requirements as
  107  described in s. 435.04. A volunteer who assists on an
  108  intermittent basis for less than 10 hours per month need not be
  109  screened if a person who meets the screening requirement of this
  110  section is always present and has the volunteer in his or her
  111  line of sight.
  112         (b)The department of Juvenile Justice and the Department
  113  of Children and Families shall require employment screening
  114  pursuant to chapter 435, using the level 2 standards set forth
  115  in that chapter for personnel in programs for children or
  116  youths.
  117         (b)(c) The department of Juvenile Justice or the Department
  118  of Children and Families may grant exemptions from
  119  disqualification from working with children as provided in s.
  120  435.07.
  121         (c)Any shelter used for the placement of children under
  122  this chapter must be licensed by the Department of Children and
  123  Families.
  124         (3) It is the intent of the Legislature that This chapter
  125  is to be liberally interpreted and construed in conformity with
  126  its declared purposes.
  127         Section 3. Section 984.02, Florida Statutes, is amended to
  128  read:
  129         984.02 Legislative intent for prevention and intervention
  130  under chapter 984 the juvenile justice system.—
  131         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  132  the Legislature that the children of this state be provided with
  133  the following protections:
  134         (a) Protection from abuse, neglect, and exploitation.
  135         (b) A permanent and stable home.
  136         (c) A safe and nurturing environment which will preserve a
  137  sense of personal dignity and integrity.
  138         (d) Adequate nutrition, shelter, and clothing.
  139         (e) Effective services or treatment to address physical,
  140  social, and emotional needs, regardless of geographical
  141  location.
  142         (f) Equal opportunity and access to quality and effective
  143  education which will meet the individual needs of each child and
  144  prepare the child for future employment, and to recreation and
  145  other community resources to develop individual abilities.
  146         (g) Access to preventive services to provide the child and
  147  family the support of community resources to address the needs
  148  of the child and reduce the risk of harm or engaging in
  149  delinquent behavior.
  150         (h) Court An independent, trained advocate when
  151  intervention only when is necessary to address at-risk behavior
  152  before the behavior escalates into harm to the child or to the
  153  community through delinquent behavior.
  154         (i)Access to representation by a trained advocate when
  155  court proceedings are initiated under this chapter.
  156         (j)Supervision and services by skilled staff when
  157  temporary out of home placement is necessary and a skilled
  158  guardian or caretaker in a safe environment when alternative
  159  placement is necessary.
  160         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  161  children in the care of the state’s juvenile justice and
  162  intervention dependency and delinquency systems need appropriate
  163  health care services and, that the impact of substance abuse on
  164  health requires indicates the need for health care services to
  165  include substance abuse services when where appropriate., and
  166  that It is in the state’s best interest that such children be
  167  provided the services they need to enable them to become and
  168  remain independent of state care. In order to provide these
  169  services, the state’s juvenile justice and intervention
  170  dependency and delinquency systems must have the ability to
  171  identify and make referrals to experts capable of providing
  172  provide appropriate intervention and treatment for children with
  173  personal or family-related substance abuse problems. It is
  174  therefore the purpose of the Legislature to provide authority
  175  for the state to contract with community substance abuse
  176  treatment providers for the development and operation of
  177  specialized support and overlay services for the juvenile
  178  justice and intervention dependency and delinquency systems,
  179  subject to legislative appropriation, which will be fully
  180  implemented and utilized as resources permit. This section does
  181  not prevent agencies from referring children and families to
  182  privately operated community service providers to the extent the
  183  families have funding or insurance to provide care.
  184         (3) JUVENILE JUSTICE AND INTERVENTION DELINQUENCY
  185  PREVENTION.—It is the policy of the state regarding with respect
  186  to juvenile justice and intervention delinquency prevention to
  187  first protect the public from acts of delinquency. In addition,
  188  it is the policy of the state to:
  189         (a) Develop and implement effective methods of preventing
  190  and reducing acts of delinquency, with a focus on maintaining
  191  and strengthening the family as a whole so that children may
  192  remain in their homes or communities.
  193         (b) Develop and implement effective programs to prevent
  194  delinquency, to divert children from the traditional juvenile
  195  justice system, to intervene at an early stage of delinquency,
  196  and to provide critically needed alternatives to
  197  institutionalization and deep-end commitment.
  198         (c) Provide well-trained personnel, high-quality services,
  199  and cost-effective programs within the juvenile justice system.
  200         (d) Increase the capacity of local governments and public
  201  and private agencies to conduct rehabilitative treatment
  202  programs and to provide research, evaluation, and training
  203  services for in the field of juvenile delinquency prevention.
  204         (e)Develop and implement effective early prevention
  205  programs to address truancy and ungovernable and runaway
  206  behavior of children which places the child at risk of harm, and
  207  allow for intervention before the child engages in a delinquent
  208  act.
  209  
  210  The Legislature intends that temporary shelter detention care,
  211  in addition to providing safe care secure and safe custody, will
  212  promote the health and well-being of the children placed therein
  213  committed thereto and provide an environment that fosters their
  214  social, emotional, intellectual, and physical development.
  215         (4) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  216  Parents, custodians, and guardians are deemed by the state to be
  217  responsible for providing their children with sufficient
  218  support, guidance, and supervision to deter their participation
  219  in delinquent acts, and ensure their children attend school and
  220  engage in education to prepare their child for their future. The
  221  state further recognizes that the ability of parents,
  222  custodians, and guardians to fulfill those responsibilities can
  223  be greatly impaired by economic, social, behavioral, emotional,
  224  and related problems. It is therefore the policy of the
  225  Legislature that it is the state’s responsibility to ensure that
  226  factors impeding the ability of caretakers to fulfill their
  227  responsibilities are identified and appropriate recommendations
  228  are provided to address those impediments through the provision
  229  of nonjudicial voluntary family services for families in need of
  230  services and through the child in need of services court
  231  processes delinquency intake process and that appropriate
  232  recommendations to address those problems are considered in any
  233  judicial or nonjudicial proceeding.
  234         (5)PROVISION OF SERVICES.-Services to families shall be
  235  provided on a continuum of increasing intensity and
  236  participation by the parent, legal guardian, or custodian and
  237  child. Judicial intervention to resolve the problems and
  238  conflicts that exist within a family shall be limited to
  239  situations in which a resolution to the problem or conflict has
  240  not been achieved through individual and family services after
  241  all available less restrictive resources have been exhausted. In
  242  creating this chapter, the Legislature recognizes the need to
  243  distinguish the problems of truants, runaways, and children
  244  beyond the control of their parents, and the services provided
  245  to these children, from the problems and services designed to
  246  meet the needs of abandoned, abused, neglected, and delinquent
  247  children. In achieving this distinction, it is the policy of the
  248  state to develop short-term services using the least restrictive
  249  method for children and families, early truancy intervention,
  250  and children in need of services.
  251         Section 4. Section 984.03, Florida Statutes, is amended to
  252  read:
  253         984.03 Definitions.—When used in this chapter, the term:
  254         (1) “Abandoned” or “abandonment” have the same meaning as
  255  in s. 39.01(1) means a situation in which the parent or legal
  256  custodian of a child or, in the absence of a parent or legal
  257  custodian, the person responsible for the child’s welfare, while
  258  being able, makes no provision for the child’s support and makes
  259  no effort to communicate with the child, which situation is
  260  sufficient to evince a willful rejection of parental
  261  obligations. If the efforts of such parent or legal custodian,
  262  or person primarily responsible for the child’s welfare to
  263  support and communicate with the child are, in the opinion of
  264  the court, only marginal efforts that do not evince a settled
  265  purpose to assume all parental duties, the court may declare the
  266  child to be abandoned. The term “abandoned” does not include a
  267  “child in need of services” as defined in subsection (9) or a
  268  “family in need of services” as defined in subsection (25). The
  269  incarceration of a parent, legal custodian, or person
  270  responsible for a child’s welfare does not constitute a bar to a
  271  finding of abandonment.
  272         (2) “Abuse” has the same meaning as in s. 39.01(2) means
  273  any willful act that results in any physical, mental, or sexual
  274  injury that causes or is likely to cause the child’s physical,
  275  mental, or emotional health to be significantly impaired.
  276  Corporal discipline of a child by a parent or guardian for
  277  disciplinary purposes does not in itself constitute abuse when
  278  it does not result in harm to the child as defined in s. 39.01.
  279         (3)“Addictions receiving facility” means a substance abuse
  280  service provider as defined in chapter 397.
  281         (3)(4) “Adjudicatory hearing” means a hearing for the court
  282  to determine whether or not the facts support the allegations
  283  stated in the petition as is provided for under s. 984.20(2) in
  284  child in need of services child-in-need-of-services cases.
  285         (4)(5) “Adult” means any natural person other than a child.
  286         (5)(6) “Authorized agent” or “designee” of the department
  287  means a person or agency assigned or designated by the
  288  Department of Juvenile Justice or the Department of Children and
  289  Families, as appropriate, to perform duties or exercise powers
  290  pursuant to this chapter and includes contract providers and
  291  subcontracted providers and their employees for purposes of
  292  providing voluntary family services, and providing court-ordered
  293  services to and managing cases of children in need of services
  294  and families in need of services.
  295         (7)“Caretaker/homemaker” means an authorized agent of the
  296  Department of Children and Families who shall remain in the
  297  child’s home with the child until a parent, legal guardian, or
  298  relative of the child enters the home and is capable of assuming
  299  and agrees to assume charge of the child.
  300         (6)(8) “Child” or “juvenile” or “youth” means any unmarried
  301  person under the age of 18 who has not been emancipated by order
  302  of the court and who has been found or alleged to be dependent,
  303  in need of services, or from a family in need of services; or
  304  any married or unmarried person who is charged with a violation
  305  of law occurring prior to the time that person reached the age
  306  of 18 years.
  307         (7)(9) “Child in need of services” means a child for whom
  308  there is no pending petition filed with the court investigation
  309  into an allegation or suspicion of abuse, neglect, or
  310  abandonment; no pending referral alleging the child is
  311  delinquent; or no current court ordered supervision by the
  312  department for delinquency under chapter 985 of Juvenile Justice
  313  or the Department of Children and Families for an adjudication
  314  of dependency under chapter 39 or delinquency. The child must
  315  also, pursuant to this chapter, be found by the court:
  316         (a) To have persistently run away from the child’s parents,
  317  or legal guardians, or custodians despite reasonable efforts of
  318  the child, the parents, or legal guardians, or custodians, and
  319  appropriate agencies to remedy the conditions contributing to
  320  the behavior. Reasonable efforts shall include voluntary
  321  participation by the child’s parents or legal guardian, or
  322  custodians and the child in family mediation, voluntary
  323  services, and treatment offered by the department or through its
  324  authorized agent of Juvenile Justice or the Department of
  325  Children and Families;
  326         (b) To be a habitual habitually truant from school, while
  327  subject to compulsory school attendance, despite reasonable
  328  efforts to remedy the situation pursuant to ss. 1003.26 and
  329  1003.27 and through voluntary participation by the child’s
  330  parents or legal custodians and by the child in family
  331  mediation, services, and treatment offered by the department or
  332  its authorized agent of Juvenile Justice or the Department of
  333  Children and Families; or
  334         (c) To be ungovernable by having have persistently
  335  disobeyed the reasonable and lawful rules and demands of the
  336  child’s parents, or legal guardians, or custodians, and to be
  337  beyond their control despite the child having the mental and
  338  physical capacity to understand and obey lawful rules and
  339  demands, and despite efforts by the child’s parents, or legal
  340  guardians, or custodians and appropriate agencies to remedy the
  341  conditions contributing to the behavior. Reasonable efforts may
  342  include such things as good faith participation in voluntary
  343  family services or individual services counseling.
  344         (10)“Child support” means a court-ordered obligation,
  345  enforced under chapter 61 and ss. 409.2551-409.2597, for
  346  monetary support for the care, maintenance, training, and
  347  education of a child.
  348         (11)“Child who has been found to have committed a
  349  delinquent act” means a child who, pursuant to the provisions of
  350  chapter 985, is found by a court to have committed a violation
  351  of law or to be in direct or indirect contempt of court, except
  352  that this definition shall not include an act constituting
  353  contempt of court arising out of a dependency proceeding or a
  354  proceeding pursuant to this chapter.
  355         (12)“Child who is found to be dependent” or “dependent
  356  child” means a child who, pursuant to this chapter, is found by
  357  the court:
  358         (a)To have been abandoned, abused, or neglected by the
  359  child’s parents or other custodians.
  360         (b)To have been surrendered to the former Department of
  361  Health and Rehabilitative Services, the Department of Children
  362  and Families, or a licensed child-placing agency for purpose of
  363  adoption.
  364         (c)To have been voluntarily placed with a licensed child
  365  caring agency, a licensed child-placing agency, an adult
  366  relative, the former Department of Health and Rehabilitative
  367  Services, or the Department of Children and Families, after
  368  which placement, under the requirements of this chapter, a case
  369  plan has expired and the parent or parents have failed to
  370  substantially comply with the requirements of the plan.
  371         (d)To have been voluntarily placed with a licensed child
  372  placing agency for the purposes of subsequent adoption and a
  373  natural parent or parents signed a consent pursuant to the
  374  Florida Rules of Juvenile Procedure.
  375         (e)To have no parent, legal custodian, or responsible
  376  adult relative to provide supervision and care.
  377         (f)To be at substantial risk of imminent abuse or neglect
  378  by the parent or parents or the custodian.
  379         (8)(13) “Circuit” means any of the 20 judicial circuits as
  380  set forth in s. 26.021.
  381         (14)“Comprehensive assessment” or “assessment” means the
  382  gathering of information for the evaluation of a juvenile
  383  offender’s or a child’s physical, psychological, educational,
  384  vocational, and social condition and family environment as they
  385  relate to the child’s need for rehabilitative and treatment
  386  services, including substance abuse treatment services, mental
  387  health services, developmental services, literacy services,
  388  medical services, family services, and other specialized
  389  services, as appropriate.
  390         (9)(15) “Court,” unless otherwise expressly stated, means
  391  the circuit court assigned to exercise jurisdiction under this
  392  chapter.
  393         (10)“Custodian” means any adult person who is exercising
  394  actual physical custody of the child and is providing food,
  395  clothing, and care for the child in the absence of a parent or
  396  legal guardian.
  397         (16)“Delinquency program” means any intake, community
  398  control, or similar program; regional detention center or
  399  facility; or community-based program, whether owned and operated
  400  by or contracted by the Department of Juvenile Justice, or
  401  institution owned and operated by or contracted by the
  402  Department of Juvenile Justice, which provides intake,
  403  supervision, or custody and care of children who are alleged to
  404  be or who have been found to be delinquent pursuant to chapter
  405  985.
  406         (11)(17) “Department” means the Department of Juvenile
  407  Justice.
  408         (18)“Detention care” means the temporary care of a child
  409  in secure, nonsecure, or home detention, pending a court
  410  adjudication or disposition or execution of a court order. There
  411  are three types of detention care, as follows:
  412         (a)“Secure detention” means temporary custody of the child
  413  while the child is under the physical restriction of a detention
  414  center or facility pending adjudication, disposition, or
  415  placement.
  416         (b)“Nonsecure detention” means temporary custody of the
  417  child while the child is in a residential home in the community
  418  in a physically nonrestrictive environment under the supervision
  419  of the Department of Juvenile Justice pending adjudication,
  420  disposition, or placement.
  421         (c)“Home detention” means temporary custody of the child
  422  while the child is released to the custody of the parent,
  423  guardian, or custodian in a physically nonrestrictive
  424  environment under the supervision of the Department of Juvenile
  425  Justice staff pending adjudication, disposition, or placement.
  426         (19)“Detention center or facility” means a facility used
  427  pending court adjudication or disposition or execution of court
  428  order for the temporary care of a child alleged or found to have
  429  committed a violation of law. A detention center or facility may
  430  provide secure or nonsecure custody. A facility used for the
  431  commitment of adjudicated delinquents shall not be considered a
  432  detention center or facility.
  433         (20)“Detention hearing” means a hearing for the court to
  434  determine if a child should be placed in temporary custody, as
  435  provided for under s. 39.402, in dependency cases.
  436         (21)“Diligent efforts of social service agency” means
  437  reasonable efforts to provide social services or reunification
  438  services made by any social service agency as defined in this
  439  section that is a party to a case plan.
  440         (22)“Diligent search” means the efforts of a social
  441  service agency to locate a parent or prospective parent whose
  442  identity or location is unknown, or a relative made known to the
  443  social services agency by the parent or custodian of a child.
  444  When the search is for a parent, prospective parent, or relative
  445  of a child in the custody of the department, this search must be
  446  initiated as soon as the agency is made aware of the existence
  447  of such parent, prospective parent, or relative. A diligent
  448  search shall include interviews with persons who are likely to
  449  have information about the identity or location of the person
  450  being sought, comprehensive database searches, and records
  451  searches, including searches of employment, residence,
  452  utilities, Armed Forces, vehicle registration, child support
  453  enforcement, law enforcement, and corrections records, and any
  454  other records likely to result in identifying and locating the
  455  person being sought. The initial diligent search must be
  456  completed within 90 days after a child is taken into custody.
  457  After the completion of the initial diligent search, the
  458  department, unless excused by the court, shall have a continuing
  459  duty to search for relatives with whom it may be appropriate to
  460  place the child, until such relatives are found or until the
  461  child is placed for adoption.
  462         (12)(23) “Disposition hearing” means a hearing in which the
  463  court determines the most appropriate dispositional services in
  464  the least restrictive available setting provided for under s.
  465  984.20(3), in child in need of services child-in-need-of
  466  services cases.
  467         (13)“Early truancy intervention” means action taken by a
  468  school or school district pursuant to s. 1003.26 to identify a
  469  pattern of nonattendance by a student subject to compulsory
  470  school attendance at the earliest opportunity to address the
  471  reasons for the student’s nonattendance, and includes services
  472  provided by the school or school district, or the department or
  473  its authorized agent pursuant to s. 984.11, and may include
  474  judicial action pursuant to s. 984.151 or s. 1003.27.
  475         (14)(24) “Family” means a collective body of persons,
  476  consisting of a child and a parent, legal guardian, adult
  477  custodian, or adult relative, in which:
  478         (a) The persons reside in the same house or living unit; or
  479         (b) The parent, legal guardian, adult custodian, or adult
  480  relative has a legal responsibility by blood, marriage, or court
  481  order to support or care for the child.
  482         (15)(25) “Family in need of services” means a family that
  483  has a child who is running away; who is ungovernable and
  484  persistently disobeying reasonable and lawful demands of the
  485  parent or legal custodian and is beyond the control of the
  486  parent or legal custodian; or who is a habitual habitually
  487  truant from school or engaging in other serious behaviors that
  488  place the child at risk of future abuse, neglect, or abandonment
  489  or at risk of entering the juvenile justice system. The child
  490  must be referred to a law enforcement agency, the department of
  491  Juvenile Justice, or an agency contracted to provide services to
  492  children in need of services. A family is not eligible to
  493  receive voluntary family services if, at the time of the
  494  referral, there is an open investigation into an allegation of
  495  abuse, neglect, or abandonment or if the child is currently
  496  under court-ordered supervision by the department for
  497  delinquency under chapter 985 of Juvenile Justice or the
  498  Department of Children and Families due to a finding of
  499  dependency under chapter 39 an adjudication of dependency or
  500  delinquency.
  501         (26)“Foster care” means care provided a child in a foster
  502  family or boarding home, group home, agency boarding home, child
  503  care institution, or any combination thereof.
  504         (16)(27) “Habitual Habitually truant” has the same meaning
  505  as in s. 1003.01(12). means that:
  506         (a)The child has 15 unexcused absences within 90 calendar
  507  days with or without the knowledge or justifiable consent of the
  508  child’s parent or legal guardian, is subject to compulsory
  509  school attendance under s. 1003.21(1) and (2)(a), and is not
  510  exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
  511  specified by law or the rules of the State Board of Education.
  512         (b)Activities to determine the cause, and to attempt the
  513  remediation, of the child’s truant behavior under ss. 1003.26
  514  and 1003.27(3), have been completed.
  515  
  516  If a child who is subject to compulsory school attendance is
  517  responsive to the interventions described in ss. 1003.26 and
  518  1003.27(3) and has completed the necessary requirements to pass
  519  the current grade as indicated in the district pupil progression
  520  plan, the child shall not be determined to be habitually truant
  521  and shall be passed. If a child within the compulsory school
  522  attendance age has 15 unexcused absences within 90 calendar days
  523  or fails to enroll in school, the State Attorney may, or the
  524  appropriate jurisdictional agency shall, file a child-in-need
  525  of-services petition if recommended by the case staffing
  526  committee, unless it is determined that another alternative
  527  action is preferable. The failure or refusal of the parent or
  528  legal guardian or the child to participate, or make a good faith
  529  effort to participate, in the activities prescribed to remedy
  530  the truant behavior, or the failure or refusal of the child to
  531  return to school after participation in activities required by
  532  this subsection, or the failure of the child to stop the truant
  533  behavior after the school administration and the Department of
  534  Juvenile Justice have worked with the child as described in ss.
  535  1003.26 and 1003.27(3) shall be handled as prescribed in s.
  536  1003.27.
  537         (17)(28) “Intake” means the initial acceptance and
  538  screening by the department or its authorized agent of a
  539  referral from an early truancy intervention court, a school
  540  board, or a school requesting services; a request for assistance
  541  from a parent or child; or a complaint, of Juvenile Justice of a
  542  complaint or a law enforcement report, or probable cause
  543  affidavit of a child’s truancy, ungovernable behavior, or
  544  running away, on behalf of a family delinquency, family in need
  545  of services, or child in need of services to determine the most
  546  appropriate course of action recommendation to be taken in the
  547  best interests of the child, the family, and the community. The
  548  emphasis of intake is on diversion and the least restrictive
  549  available services. Consequently, intake includes such
  550  alternatives as:
  551         (a) The disposition of the request for services, complaint,
  552  report, or probable cause affidavit without court or public
  553  agency action or judicial handling when appropriate.
  554         (b) The referral of the child to another public or private
  555  agency when appropriate.
  556         (c) The recommendation by the assigned intake case manager
  557  juvenile probation officer of judicial handling when appropriate
  558  and warranted.
  559         (18)(29) “Judge” means the circuit judge exercising
  560  jurisdiction pursuant to this chapter.
  561         (30)“Juvenile justice continuum” includes, but is not
  562  limited to, delinquency prevention programs and services
  563  designed for the purpose of preventing or reducing delinquent
  564  acts, including criminal activity by criminal gangs and juvenile
  565  arrests, as well as programs and services targeted at children
  566  who have committed delinquent acts, and children who have
  567  previously been committed to residential treatment programs for
  568  delinquents. The term includes children-in-need-of-services and
  569  families-in-need-of-services programs; conditional release;
  570  substance abuse and mental health programs; educational and
  571  vocational programs; recreational programs; community services
  572  programs; community service work programs; and alternative
  573  dispute resolution programs serving children at risk of
  574  delinquency and their families, whether offered or delivered by
  575  state or local governmental entities, public or private for
  576  profit or not-for-profit organizations, or religious or
  577  charitable organizations.
  578         (31)“Juvenile probation officer” means the authorized
  579  agent of the department who performs and directs intake,
  580  assessment, probation, or conditional release, and other related
  581  services.
  582         (19)(32) “Legal custody” means a legal status created by
  583  court order or letter of guardianship which vests in a custodian
  584  of the person or guardian, whether an agency or an individual,
  585  the right to have physical custody of the child and the right
  586  and duty to protect, train, and discipline the child and to
  587  provide him or her with food, shelter, education, and ordinary
  588  medical, dental, psychiatric, and psychological care.
  589         (20)(33) “Licensed child-caring agency” means a person,
  590  society, association, or agency licensed by the Department of
  591  Children and Families to care for, receive, and board children,
  592  and includes shelters under this chapter.
  593         (21)(34) “Licensed health care professional” means a
  594  physician licensed under chapter 458, an osteopathic physician
  595  licensed under chapter 459, a nurse licensed under part I of
  596  chapter 464, a physician assistant licensed under chapter 458 or
  597  chapter 459, or a dentist licensed under chapter 466.
  598         (35)“Mediation” means a process whereby a neutral third
  599  person called a mediator acts to encourage and facilitate the
  600  resolution of a dispute between two or more parties. It is an
  601  informal and nonadversarial process with the objective of
  602  helping the disputing parties reach a mutually acceptable and
  603  voluntary agreement. In mediation, decisionmaking authority
  604  rests with the parties. The role of the mediator includes, but
  605  is not limited to, assisting the parties in identifying issues,
  606  fostering joint problem solving, and exploring settlement
  607  alternatives.
  608         (22)(36) “Necessary medical treatment” means care that is
  609  necessary within a reasonable degree of medical certainty to
  610  prevent the deterioration of a child’s condition or to alleviate
  611  immediate pain of a child.
  612         (23)“Needs assessment” means the gathering of information
  613  for the evaluation of a child’s physical, psychological,
  614  educational, vocational, and social condition and family
  615  environment related to the child’s need for services, including
  616  substance abuse treatment services, mental health services,
  617  developmental services, literacy services, medical services,
  618  family services, individual and family counseling, education
  619  services, and other specialized services, as appropriate.
  620         (24)(37) “Neglect” has the same meaning as in s. 39.01(53).
  621  occurs when the parent or legal custodian of a child or, in the
  622  absence of a parent or legal custodian, the person primarily
  623  responsible for the child’s welfare deprives a child of, or
  624  allows a child to be deprived of, necessary food, clothing,
  625  shelter, or medical treatment or permits a child to live in an
  626  environment when such deprivation or environment causes the
  627  child’s physical, mental, or emotional health to be
  628  significantly impaired or to be in danger of being significantly
  629  impaired. The foregoing circumstances shall not be considered
  630  neglect if caused primarily by financial inability unless actual
  631  services for relief have been offered to and rejected by such
  632  person. A parent or guardian legitimately practicing religious
  633  beliefs in accordance with a recognized church or religious
  634  organization who thereby does not provide specific medical
  635  treatment for a child shall not, for that reason alone, be
  636  considered a negligent parent or guardian; however, such an
  637  exception does not preclude a court from ordering the following
  638  services to be provided, when the health of the child so
  639  requires:
  640         (a)Medical services from a licensed physician, dentist,
  641  optometrist, podiatric physician, or other qualified health care
  642  provider; or
  643         (b)Treatment by a duly accredited practitioner who relies
  644  solely on spiritual means for healing in accordance with the
  645  tenets and practices of a well-recognized church or religious
  646  organization.
  647         (38)“Next of kin” means an adult relative of a child who
  648  is the child’s brother, sister, grandparent, aunt, uncle, or
  649  first cousin.
  650         (25)(39) “Parent” means a woman who gives birth to a child
  651  and a man whose consent to the adoption of the child would be
  652  required under s. 63.062(1). If a child has been legally
  653  adopted, the term “parent” means the adoptive mother or father
  654  of the child. The term does not include an individual whose
  655  parental relationship to the child has been legally terminated,
  656  or an alleged or prospective parent, unless the parental status
  657  falls within the terms of either s. 39.503(1) or s. 63.062(1).
  658         (26)(40) “Participant,” for purposes of a shelter
  659  proceeding under this chapter, means any person who is not a
  660  party but who should receive notice of hearings involving the
  661  child, including foster parents, identified prospective parents,
  662  grandparents entitled to priority for adoption consideration
  663  under s. 63.0425, actual custodians of the child, and any other
  664  person whose participation may be in the best interest of the
  665  child. Participants may be granted leave by the court to be
  666  heard without the necessity of filing a motion to intervene.
  667         (27)(41) “Party,” for purposes of a shelter proceeding
  668  under this chapter, means the parent, legal guardian, or actual
  669  custodian of the child, the petitioner, the department, the
  670  guardian ad litem when one has been appointed, and the child.
  671  The presence of the child may be excused by order of the court
  672  when presence would not be in the child’s best interest or the
  673  child has failed to appear for a proceeding after having been
  674  noticed. Notice to the child may be excused by order of the
  675  court when the age, capacity, or other condition of the child is
  676  such that the notice would be meaningless or detrimental to the
  677  child.
  678         (28)“Physically secure shelter” means a department
  679  approved locked facility or locked unit within a facility for
  680  the care of a child adjudicated a child in need of services who
  681  is court ordered to be held pursuant to s. 984.226. A physically
  682  secure shelter unit shall provide 24-hour, continuous
  683  supervision.
  684         (42)“Preliminary screening” means the gathering of
  685  preliminary information to be used in determining a child’s need
  686  for further evaluation or assessment or for referral for other
  687  substance abuse services through means such as psychosocial
  688  interviews; urine and breathalyzer screenings; and reviews of
  689  available educational, delinquency, and dependency records of
  690  the child.
  691         (29)(43) “Preventive services” means social services and
  692  other supportive and evaluation and intervention rehabilitative
  693  services provided to the child or the parent, of the child, the
  694  legal guardian of the child, or the custodian of the child and
  695  to the child for the purpose of averting the removal of the
  696  child from the home or disruption of a family which will or
  697  could result in an adjudication that orders the placement of a
  698  child under dependency supervision into foster care or into the
  699  delinquency system or that will or could result in the child
  700  living on the street. Social services and other supportive and
  701  rehabilitative services may include the provision of assessment
  702  and screening services; individual, group, or family counseling;
  703  specialized educational and vocational services; temporary
  704  voluntary shelter for the child; outreach services for children
  705  living on the street; independent living services to assist
  706  adolescents in achieving a successful transition to adulthood;
  707  and other specialized services.
  708         (44)“Protective supervision” means a legal status in
  709  child-in-need-of-services cases or family-in-need-of-services
  710  cases which permits the child to remain in his or her own home
  711  or other placement under the supervision of an agent of the
  712  Department of Juvenile Justice or the Department of Children and
  713  Families, subject to being returned to the court during the
  714  period of supervision.
  715         (30)(45) “Relative” means a grandparent, great-grandparent,
  716  sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
  717  niece, or nephew, whether related by the whole or half blood, by
  718  affinity, or by adoption. The term does not include a
  719  stepparent.
  720         (31)(46) “Reunification services” means social services and
  721  other supportive and rehabilitative services provided to the
  722  child and the parent of the child, the legal guardian of the
  723  child, or the custodian of the child, whichever is applicable,;
  724  the child; and, where appropriate, the foster parents of the
  725  child for the purpose of assisting enabling a child who has been
  726  placed in temporary shelter care to return to his or her family
  727  at the most appropriate and effective earliest possible time
  728  based on the presenting concerns at intake. Social services and
  729  other supportive and rehabilitative services shall be consistent
  730  with the child’s need for a safe, continuous, and stable living
  731  environment and shall promote the strengthening of family life
  732  whenever possible.
  733         (32)(47) “Secure detention center or facility” means a
  734  physically restricting facility for the temporary care of
  735  children, pending adjudication, disposition, or placement under
  736  chapter 985.
  737         (33)(48) “Shelter” means a department-approved shelter
  738  facility for the temporary care of runaway children; children
  739  placed for voluntary shelter respite upon request of the child
  740  or the child’s parent, legal guardian, or custodian; or for
  741  placement of a child who has been adjudicated a child in need of
  742  services or who has been found in contempt of court under s.
  743  984.09. Shelters must provide 24-hour continual supervision a
  744  place for the temporary care of a child who is alleged to be or
  745  who has been found to be dependent, a child from a family in
  746  need of services, or a child in need of services, pending court
  747  disposition before or after adjudication or after execution of a
  748  court order. “Shelter” may include a facility which provides 24
  749  hour continual supervision for the temporary care of a child who
  750  is placed pursuant to s. 984.14.
  751         (49)“Shelter hearing” means a hearing provided for under
  752  s. 984.14 in family-in-need-of-services cases or child-in-need
  753  of-services cases.
  754         (50)“Staff-secure shelter” means a facility in which a
  755  child is supervised 24 hours a day by staff members who are
  756  awake while on duty. The facility is for the temporary care and
  757  assessment of a child who has been found to be dependent, who
  758  has violated a court order and been found in contempt of court,
  759  or whom the Department of Children and Families is unable to
  760  properly assess or place for assistance within the continuum of
  761  services provided for dependent children.
  762         (34)(51) “Substance abuse” means using, without medical
  763  reason, any psychoactive or mood-altering drug, including
  764  alcohol, in such a manner as to induce impairment resulting in
  765  dysfunctional social behavior.
  766         (35)(52) “Taken into custody” means the status of a child
  767  immediately when temporary physical control over the child is
  768  attained by a person authorized by law, pending the child’s
  769  release, shelter detention, placement, or other disposition as
  770  authorized by law.
  771         (36)(53) “Temporary legal custody” means the relationship
  772  that a juvenile court creates between a child and an adult
  773  relative of the child, adult nonrelative approved by the court,
  774  or other person until a more permanent arrangement is ordered.
  775  Temporary legal custody confers upon the custodian the right to
  776  have temporary physical custody of the child and the right and
  777  duty to protect, train, and discipline the child and to provide
  778  the child with food, shelter, and education, and ordinary
  779  medical, dental, psychiatric, and psychological care, unless
  780  these rights and duties are otherwise enlarged or limited by the
  781  court order establishing the temporary legal custody
  782  relationship.
  783         (37)(54) “Truancy petition” means a petition filed by the
  784  superintendent of schools under s. 984.151 for the purpose of
  785  early truancy intervention alleging that a student subject to
  786  compulsory school attendance has had at least five unexcused
  787  absences, or absences for which the reasons are unknown, within
  788  a calendar month or 10 unexcused absences, or absences for which
  789  the reasons are unknown, within a 90-calendar-day period, or has
  790  had more than 15 unexcused absences in a 90-calendar-day period.
  791  A truancy petition is filed and processed under s. 984.151.
  792         (38)“Truant status offender” means a child subject to the
  793  jurisdiction of the court under s. 984.151 who has been found by
  794  the court to be truant while subject to compulsory education.
  795  The court’s jurisdiction is limited to entering orders to
  796  require the child to attend school and participate in services
  797  to encourage regular school attendance. A truant status offender
  798  is not a delinquent child and may not be deemed to have
  799  committed a criminal or delinquent act solely due to failure to
  800  attend school.
  801         (39)(55) “Violation of law” or “delinquent act” means a
  802  violation of any law of this state, the United States, or any
  803  other state which is a misdemeanor or a felony or a violation of
  804  a county or municipal ordinance which would be punishable by
  805  incarceration if the violation were committed by an adult.
  806         (40)“Voluntary family services” means voluntary services
  807  provided by the department or an agency designated by the
  808  department to a family that has a child who is running away; who
  809  is ungovernable by persistently disobeying reasonable and lawful
  810  demands of the parent, legal guardian, or custodian and is
  811  beyond the control of the parent, legal guardian, or custodian;
  812  or who is a habitual truant or engaging in other serious
  813  behaviors that place the child at risk of future abuse, neglect,
  814  abandonment, or entering the juvenile justice system. The child
  815  must be referred to the Department of Juvenile Justice or an
  816  agency designated by the department to provide voluntary
  817  services to families and children.
  818         Section 5. Section 984.04, Florida Statutes, is amended to
  819  read:
  820         984.04 Early truancy intervention; families in need of
  821  services and children in need of services; procedures and
  822  jurisdiction.—
  823         (1)It is the intent of the Legislature to address the
  824  problems of families in need of services by providing them with
  825  an array of services designed to preserve the unity and
  826  integrity of the family and to emphasize parental responsibility
  827  for the behavior of their children. Services to families in need
  828  of services and children in need of services shall be provided
  829  on a continuum of increasing intensity and participation by the
  830  parent and child. Judicial intervention to resolve the problems
  831  and conflicts that exist within a family shall be limited to
  832  situations in which a resolution to the problem or conflict has
  833  not been achieved through service, treatment, and family
  834  intervention after all available less restrictive resources have
  835  been exhausted. In creating this chapter, the Legislature
  836  recognizes the need to distinguish the problems of truants,
  837  runaways, and children beyond the control of their parents, and
  838  the services provided to these children, from the problems and
  839  services designed to meet the needs of abandoned, abused,
  840  neglected, and delinquent children. In achieving this
  841  recognition, it shall be the policy of the state to develop
  842  short-term, temporary services and programs utilizing the least
  843  restrictive method for families in need of services and children
  844  in need of services.
  845         (1)(2) The department of Juvenile Justice shall be
  846  responsible for all nonjudicial proceedings involving voluntary
  847  a family in need of services for a family identified as a family
  848  in need of services.
  849         (3)All nonjudicial procedures in family-in-need-of
  850  services cases shall be according to rules established by the
  851  department of Juvenile Justice under chapter 120.
  852         (2)(4) The circuit court shall have exclusive original
  853  jurisdiction of judicial proceedings involving early truancy
  854  intervention. When the jurisdiction of any child found to be
  855  truant under s. 984.151 is obtained, the court may retain
  856  jurisdiction for up to 180 days. The court must terminate
  857  supervision and relinquish jurisdiction if the child has
  858  substantially complied with the requirements of early truancy
  859  intervention, is no longer subject to compulsory education, or
  860  is adjudicated a child in need of services under s. 984.21
  861  continued placement of a child from a family in need of services
  862  in shelter.
  863         (3)(5) The circuit court shall have exclusive original
  864  jurisdiction of proceedings in which a child is alleged to be a
  865  child in need of services. When the jurisdiction of any child
  866  who has been found to be a child in need of services or the
  867  parent, custodian, or legal guardian of such a child is
  868  obtained, the court shall retain jurisdiction, unless
  869  relinquished by its order or unless the department withdraws its
  870  petition because the child no longer meets the definition of a
  871  child in need of services as defined in s. 984.03, until the
  872  child reaches 18 years of age. This subsection does shall not be
  873  construed to prevent the exercise of jurisdiction by any other
  874  court having jurisdiction of the child if the child commits a
  875  violation of law, is the subject of the dependency provisions
  876  under this chapter, or is the subject of a pending investigation
  877  into an allegation or suspicion of abuse, neglect, or
  878  abandonment.
  879         (4)Jurisdiction of the circuit court shall attach to the
  880  case and parties to proceedings filed under s. 984.15 or under
  881  s. 984.151 when the summons is served upon the child and a
  882  parent, legal guardian, or custodian, or when the parties
  883  personally appear before the court.
  884         (5)(6) All procedures, including petitions, pleadings,
  885  subpoenas, summonses, and hearings, in proceedings under this
  886  chapter family-in-need-of-services cases and child-in-need-of
  887  services cases shall be according to the Florida Rules of
  888  Juvenile Procedure unless otherwise provided by law.
  889         (7)The department may contract with a provider to provide
  890  services and programs for families in need of services and
  891  children in need of services.
  892         Section 6. Subsections (2) and (4) of section 984.06,
  893  Florida Statutes, are amended to read:
  894         984.06 Oaths, records, and confidential information.—
  895         (2) The court shall make and keep records of all cases
  896  brought before it pursuant to this chapter and shall preserve
  897  the records pertaining to a child in need of services until 10
  898  years after the last entry was made or until the child is 18
  899  years of age, whichever date is first reached, and may then
  900  destroy them. The court shall make official records, consisting
  901  of all petitions and orders filed in a case arising pursuant to
  902  this chapter and any other pleadings, certificates, proofs of
  903  publication, summonses, warrants, and other writs which are
  904  filed in the case.
  905         (4) Except as provided in subsection (3), all information
  906  obtained pursuant to this chapter in the discharge of official
  907  duty by any judge, employee of the court, authorized agent of
  908  the department, school employee, district superintendent, school
  909  board employee, or law enforcement agent is confidential and may
  910  not be disclosed to anyone other than the authorized personnel
  911  of the court, the department and its designees, school or school
  912  board personnel, law enforcement agencies, and others entitled
  913  under this chapter to receive that information, except upon
  914  order of the court.
  915         Section 7. Section 984.07, Florida Statutes, is amended to
  916  read:
  917         984.07 Right to counsel; waiver; appointed counsel;
  918  compensation.—
  919         (1)When a petition is filed alleging that a child is a
  920  child in need of services or if the child is subject to contempt
  921  proceedings under s. 984.09, the child must be represented by
  922  counsel at each court appearance. The court must appoint counsel
  923  unless the child is not indigent and has counsel present to
  924  represent the child or the record in that proceeding
  925  affirmatively demonstrates by clear and convincing evidence that
  926  the child knowingly and intelligently waived the right to
  927  counsel after being fully advised by the court of the nature of
  928  the proceedings and the dispositional alternatives available to
  929  the court. If the child waives counsel at any proceeding, the
  930  court shall advise the child with respect to the right to
  931  counsel at every subsequent hearing.
  932         (2)A child in proceedings under s. 984.151 may have
  933  counsel appointed by the court if the court determines it is in
  934  the best interest of the child.
  935         (3)If the court appoints counsel for a child, and if the
  936  child and his or her parents or legal guardians are indigent and
  937  unable to employ counsel, the court must appoint an attorney to
  938  represent the child under s. 27.511. Determination of indigence
  939  and costs of representation shall be as provided by s. 57.082.
  940  Legal counsel representing a child who exercises the right to
  941  counsel may provide advice and counsel to the child at any time
  942  after appointment.
  943         (4)If the parents or legal guardians of an indigent child
  944  are not indigent but refuse to employ counsel, the court shall
  945  appoint counsel pursuant to s. 27.511 to represent the child
  946  until counsel is provided. Costs of representation must be
  947  imposed as provided by s. 57.082. Thereafter, the court may not
  948  appoint counsel for an indigent child with nonindigent parents
  949  or legal guardian but shall order the parents or legal guardian
  950  to obtain private counsel.
  951         (a)A parent or legal guardian of an indigent child who has
  952  been ordered to obtain private counsel for the child and who
  953  willfully fails to follow the court order shall be punished by
  954  the court in civil contempt proceedings.
  955         (b)An indigent child may have counsel appointed pursuant
  956  to ss. 27.511 and 57.082 if the parents or legal guardian have
  957  willfully refused to obey the court order to obtain counsel for
  958  the child and have been punished by civil contempt. Costs of
  959  representation must be imposed as provided by s. 57.082.
  960         (5)If the court makes a finding that nonindigent parents
  961  have made a good faith effort to participate in services and
  962  remediate the child’s behavior, but despite their good faith
  963  efforts, the child’s truancy, ungovernable behavior, or runaway
  964  behavior has persisted, the court may appoint counsel to
  965  represent the child as provided in s. 27.511.
  966         (6)If counsel is entitled to receive compensation for
  967  representation pursuant to court appointment in a child in need
  968  of services proceeding, such compensation may not exceed $1,000
  969  at the trial level and $2,500 at the appellate level.
  970         (7)This section does not preclude the court from
  971  requesting reimbursement of attorney fees and costs from the
  972  nonindigent parent or legal guardian.
  973         (8)The court may appoint an attorney to represent a parent
  974  or legal guardian under this chapter only upon a finding that
  975  the parent or legal guardian is indigent pursuant to s. 57.082.
  976  If an attorney is appointed, the parent or legal guardian shall
  977  be enrolled in a payment plan pursuant to s. 28.246 If counsel
  978  is entitled to receive compensation for representation pursuant
  979  to court appointment in a child-in-need-of-services proceeding,
  980  such compensation shall not exceed $1,000 at the trial level and
  981  $2,500 at the appellate level.
  982         Section 8. Subsection (1) of section 984.071, Florida
  983  Statutes, is amended, and subsection (3) is added to that
  984  section, to read:
  985         984.071 Resources and information.—
  986         (1) The department of Juvenile Justice, in collaboration
  987  with the Department of Children and Families and the Department
  988  of Education, shall develop and publish an information guide
  989  packet that explains the current process under this chapter for
  990  obtaining assistance for a child in need of services or a family
  991  in need of services and the community services and resources
  992  available to parents of troubled or runaway children. The
  993  information guide shall be published in a written format for
  994  distribution and shall also be published on the department’s
  995  website. In preparing the information packet, the Department of
  996  Juvenile Justice shall work with school district
  997  superintendents, juvenile court judges, county sheriffs, and
  998  other local law enforcement officials in order to ensure that
  999  the information packet lists services and resources that are
 1000  currently available within the county in which the packet is
 1001  distributed. Each information guide packet shall be reviewed
 1002  annually and updated as appropriate. The school district shall
 1003  distribute this information guide packet to parents of truant
 1004  children, and to other parents upon request or as deemed
 1005  appropriate by the school district. In addition, the department
 1006  of Juvenile Justice shall distribute the information guide
 1007  packet to state and local law enforcement agencies. Any law
 1008  enforcement officer who has contact with the parent of a child
 1009  who is locked out of the home, who is ungovernable, or who runs
 1010  away from home shall make the information guide available to the
 1011  parent.
 1012         (3)The Department of Education and the Department of
 1013  Children and Families must each post the department’s
 1014  information guide on their respective websites.
 1015         Section 9. Sections 984.08 and 984.085, Florida Statutes,
 1016  are repealed.
 1017         Section 10. Section 984.0861, Florida Statutes, is created
 1018  to read:
 1019         984.0861Prohibited use of detention.—A child under the
 1020  jurisdiction of the court solely pursuant to this chapter may
 1021  not be placed in:
 1022         (1)Any form of detention care intended for the use of
 1023  alleged juvenile delinquents as authorized under chapter 985 for
 1024  any purpose.
 1025         (2)A secure detention facility authorized for use under
 1026  chapter 985 for any purpose.
 1027         (3)Any jail or other similar facility used for the purpose
 1028  of detention or confinement of adults for any purpose.
 1029         Section 11. Section 984.09, Florida Statutes, is amended to
 1030  read:
 1031         984.09 Punishment for contempt of court; alternative
 1032  sanctions.—
 1033         (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may
 1034  punish any child for contempt for interfering with the court or
 1035  with court administration, or for violating any provision of
 1036  this chapter or order of the court relative thereto. It is the
 1037  intent of the Legislature that the court restrict and limit the
 1038  use of contempt powers and prohibit the use of detention care
 1039  and secure detention facilities as provided in s. 984.0861 with
 1040  respect to commitment of a child to a secure facility. A child
 1041  who commits direct contempt of court or indirect contempt of a
 1042  valid court order may be taken into custody and ordered to serve
 1043  an alternative sanction or placed in a shelter secure facility,
 1044  as authorized in this section, by order of the court.
 1045         (2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child
 1046  adjudicated as a child in need of services may only be placed in
 1047  a shelter secure facility for purposes of punishment for
 1048  contempt of court if alternative sanctions are unavailable or
 1049  inappropriate, or if the child has already been ordered to serve
 1050  an alternative sanction but failed to comply with the sanction.
 1051         (a)A delinquent child who has been held in direct or
 1052  indirect contempt may be placed in a secure detention facility
 1053  for 5 days for a first offense or 15 days for a second or
 1054  subsequent offense, or in a secure residential commitment
 1055  facility.
 1056         (a)(b) A child in need of services who has been held in
 1057  direct contempt or indirect contempt may be placed, for 5 days
 1058  for a first offense or 15 days for a second or subsequent
 1059  offense, in a staff-secure shelter operated by or contracted
 1060  with the department to provide such services or a staff-secure
 1061  residential facility solely for children in need of services if
 1062  such placement is available, or, if such placement is not
 1063  available, the child may be placed in an appropriate mental
 1064  health facility or substance abuse facility for assessment. In
 1065  addition to disposition under this paragraph, a child in need of
 1066  services who is held in direct contempt or indirect contempt may
 1067  be placed in a physically secure shelter setting as provided
 1068  under s. 984.226 if conditions of eligibility are met.
 1069         (b)A child subject to proceedings under s. 984.151 who has
 1070  been held in direct contempt or indirect contempt may only be
 1071  placed, for 5 days for a first offense or 15 days for a second
 1072  or subsequent offense, in a shelter operated by or contracted
 1073  with the department for such services if a shelter bed is
 1074  available. Upon a second or subsequent finding of contempt under
 1075  this section, the court must refer the child to the case
 1076  staffing committee with a recommendation to file a child in need
 1077  of services petition.
 1078         (c)Any shelter placement ordered under this section must
 1079  be given as a cumulative sanction. Separate sanctions for the
 1080  same act or series of acts within the same episode may not be
 1081  imposed.
 1082         (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
 1083  an alternative sanctions coordinator who shall serve under the
 1084  chief administrative judge of the juvenile division of the
 1085  circuit court, and who shall coordinate and maintain a spectrum
 1086  of contempt sanction alternatives in conjunction with the
 1087  circuit plan implemented in accordance with s. 790.22(4)(c).
 1088  Upon determining that a child has committed direct contempt of
 1089  court or indirect contempt of a valid court order, the court may
 1090  immediately request the circuit alternative sanctions
 1091  coordinator to recommend the most appropriate available
 1092  alternative sanction and shall order the child to perform up to
 1093  50 hours of community-service manual labor or a similar
 1094  alternative sanction, unless an alternative sanction is
 1095  unavailable or inappropriate, or unless the child has failed to
 1096  comply with a prior alternative sanction. Alternative contempt
 1097  sanctions may be provided by local industry or by any nonprofit
 1098  organization or any public or private business or service entity
 1099  that has entered into a contract with the department of Juvenile
 1100  Justice to act as an agent of the state to provide voluntary
 1101  supervision of children on behalf of the state in exchange for
 1102  the manual labor of children and limited immunity in accordance
 1103  with s. 768.28(11).
 1104         (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
 1105  PROCESS.—
 1106         (a) If a child subject to proceedings under this chapter is
 1107  charged with direct contempt of court, including traffic court,
 1108  the court may impose an authorized sanction immediately.
 1109         (b) If a child subject to proceedings under this chapter is
 1110  charged with indirect contempt of court, the court must issue an
 1111  order to show cause and schedule hold a hearing within 24 hours
 1112  to determine whether the child committed indirect contempt of a
 1113  valid court order. The child must be served with the order to
 1114  show cause and notice of hearing. At the hearing, the following
 1115  due process rights must be provided to the child:
 1116         1. Right to a copy of the order to show cause alleging
 1117  facts supporting the contempt charge.
 1118         2. Right to an explanation of the nature and the
 1119  consequences of the proceedings.
 1120         3. Right to legal counsel and the right to have legal
 1121  counsel appointed by the court if the juvenile is indigent,
 1122  pursuant to s. 984.07 s. 985.033.
 1123         4. Right to confront witnesses.
 1124         5. Right to present witnesses.
 1125         6. Right to have a transcript or record of the proceeding.
 1126         7. Right to appeal to an appropriate court.
 1127  
 1128  The child’s parent, legal or guardian, or custodian may address
 1129  the court regarding the due process rights of the child. If
 1130  after the hearing, the court determines the child has committed
 1131  indirect contempt of a valid court order, the court may impose
 1132  an alternative sanction or may proceed under subsection (2). If
 1133  the court orders shelter placement of a child found in contempt
 1134  of court, the court shall review the matter placement of the
 1135  child every 72 hours to determine whether it is appropriate for
 1136  the child to remain in the facility.
 1137         (c) The court may not order that a child be placed in a
 1138  shelter secure facility for punishment for contempt unless the
 1139  court determines that an alternative sanction is inappropriate
 1140  or unavailable or that the child was initially ordered to an
 1141  alternative sanction and did not comply with the alternative
 1142  sanction. The court is encouraged to order a child to perform
 1143  community service, up to the maximum number of hours, where
 1144  appropriate before ordering that the child be placed in a
 1145  shelter secure facility as punishment for contempt of court.
 1146         (d)In addition to any other sanction imposed under this
 1147  section, the court may direct the Department of Highway Safety
 1148  and Motor Vehicles to withhold issuance of, or suspend, a
 1149  child’s driver license or driving privilege. The court may order
 1150  that a child’s driver license or driving privilege be withheld
 1151  or suspended for up to 1 year for a first offense of contempt
 1152  and up to 2 years for a second or subsequent offense. If the
 1153  child’s driver license or driving privilege is suspended or
 1154  revoked for any reason at the time the sanction for contempt is
 1155  imposed, the court shall extend the period of suspension or
 1156  revocation by the additional period ordered under this
 1157  paragraph. If the child’s driver license is being withheld at
 1158  the time the sanction for contempt is imposed, the period of
 1159  suspension or revocation ordered under this paragraph shall
 1160  begin on the date on which the child is otherwise eligible to
 1161  drive. For a child in need of services whose driver license or
 1162  driving privilege is suspended under this paragraph, the court
 1163  may direct the Department of Highway Safety and Motor Vehicles
 1164  to issue the child a license for driving privileges restricted
 1165  to business or employment purposes only, as defined in s.
 1166  322.271, or for the purpose of completing court-ordered
 1167  community service, if the child is otherwise qualified for a
 1168  license. However, the department may not issue a restricted
 1169  license unless specifically ordered to do so by the court.
 1170         (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
 1171  position of alternative sanctions coordinator within each
 1172  judicial circuit, pursuant to subsection (3). Each alternative
 1173  sanctions coordinator shall serve under the direction of the
 1174  chief administrative judge of the juvenile division as directed
 1175  by the chief judge of the circuit. The alternative sanctions
 1176  coordinator shall act as the liaison between the judiciary,
 1177  local department officials, district school board employees, and
 1178  local law enforcement agencies. The alternative sanctions
 1179  coordinator shall coordinate within the circuit community-based
 1180  alternative sanctions, including nonsecure detention programs,
 1181  community service projects, and other juvenile sanctions, in
 1182  conjunction with the circuit plan implemented in accordance with
 1183  s. 790.22(4)(c).
 1184         Section 12. Section 984.10, Florida Statutes, is amended to
 1185  read:
 1186         984.10 Intake.—
 1187         (1) Intake shall be performed by the department or the
 1188  department’s authorized agent. A report or complaint alleging
 1189  that a child is from a family in need of services shall be made
 1190  to the intake office operating in the county in which the child
 1191  is found or in which the case arose. Any person or agency,
 1192  including, but not limited to, the parent, or legal guardian, or
 1193  custodian, the local school district, a law enforcement agency,
 1194  or the Department of Children and Families, having knowledge of
 1195  the facts may make a report or complaint.
 1196         (2) A representative of the department shall make a
 1197  preliminary determination as to whether the report or complaint
 1198  is complete. The criteria for the completeness of a report or
 1199  complaint with respect to a child alleged to be from a family in
 1200  need of services while subject to compulsory school attendance
 1201  shall be governed by s. 984.03 s. 984.03(27). In any case in
 1202  which the representative of the department finds that the report
 1203  or complaint is incomplete, the representative of the department
 1204  shall return the report or complaint without delay to the person
 1205  or agency originating the report or complaint or having
 1206  knowledge of the facts or to the appropriate law enforcement
 1207  agency having investigative jurisdiction and request additional
 1208  information in order to complete the report or complaint.
 1209         (3) If the representative of the department determines that
 1210  in his or her judgment the interests of the family, the child,
 1211  and the public will be best served by providing the family and
 1212  child services and treatment voluntarily accepted by the child
 1213  and the parents, or legal guardians, or custodians, the
 1214  department’s departmental representative may refer the family or
 1215  child to an appropriate service and treatment provider. As part
 1216  of the intake procedure, the department’s departmental
 1217  representative shall inform the parent, or legal custodian
 1218  guardian, or custodian, in writing, of the services currently
 1219  and treatment available to the child and family by department
 1220  providers and other or community agencies in the county in which
 1221  the family is located, and the rights and responsibilities of
 1222  the parent, or legal guardian, or custodian under this chapter.
 1223  Upon admission, and depending on services, a staff member may be
 1224  assigned to the family as deemed appropriate.
 1225         (4) If the department reasonably believes has reasonable
 1226  grounds to believe that the child has been abandoned, abused, or
 1227  neglected, it shall proceed pursuant to the provisions of
 1228  chapter 39 and report immediately to the central abuse hotline.
 1229         Section 13. Section 984.11, Florida Statutes, is amended to
 1230  read:
 1231         984.11 Services to families in need of services.—
 1232         (1) The department or its authorized agent shall provide an
 1233  array of voluntary family services aimed at remediating school
 1234  truancy, homelessness, and runaway and ungovernable behavior by
 1235  children. Services and treatment to families in need of services
 1236  shall be by voluntary agreement of the parent, or legal
 1237  guardian, or custodian and the child or as directed by a court
 1238  order pursuant to s. 984.22.
 1239         (2)A family is not eligible to receive voluntary family
 1240  services, if, at the time of the referral, the child is under
 1241  court-ordered supervision by the department for delinquency
 1242  under chapter 985 or by the Department of Children and Families
 1243  due to a finding of dependency under chapter 39. A child who has
 1244  received a prearrest delinquency citation, or is receiving
 1245  delinquency diversion services, may receive voluntary family
 1246  services.
 1247         (3)If there is a pending investigation into an allegation
 1248  of abuse, neglect or abandonment, the child may be eligible for
 1249  voluntary family services if the Department of Children and
 1250  Families agrees to the provision of services and makes a
 1251  referral. An interagency agreement between the department and
 1252  the Department of Children and Families shall govern this
 1253  referral process, which is contingent on available funding. The
 1254  department must notify the Department of Children and Families
 1255  if a referral is declined.
 1256         (4)(2) These services may include, but need not be limited
 1257  to:
 1258         (a) Homemaker or Parent aide services.
 1259         (b) Intensive crisis counseling.
 1260         (c) Parent training.
 1261         (d) Individual, group, or family counseling.
 1262         (e) Referral to community mental health services.
 1263         (f) Prevention and diversion services.
 1264         (g) Services provided by voluntary or community agencies.
 1265         (h) Runaway center services.
 1266         (i) Runaway shelter Housekeeper services.
 1267         (j) Referral for special educational, tutorial, or remedial
 1268  services.
 1269         (k) Referral to vocational, career development job
 1270  training, or employment services.
 1271         (l) Recreational services.
 1272         (m) Assessment.
 1273         (n)Case management.
 1274         (o)Referral for or provision of substance abuse assessment
 1275  or treatment.
 1276         (5)(3) The department shall advise the parents, or legal
 1277  guardian, or custodian that they are responsible for
 1278  contributing to the cost of the child or family services and
 1279  treatment to the extent of their ability to pay. The parent is
 1280  responsible for using health care insurance to the extent it is
 1281  available for the provision of health services The department
 1282  shall set and charge fees for services and treatment provided to
 1283  clients. The department may employ a collection agency for the
 1284  purpose of receiving, collecting, and managing the payment of
 1285  unpaid and delinquent fees. The collection agency must be
 1286  registered and in good standing under chapter 559. The
 1287  department may pay to the collection agency a fee from the
 1288  amount collected under the claim or may authorize the agency to
 1289  deduct the fee from the amount collected.
 1290         (4)The department may file a petition with the circuit
 1291  court to enforce the collection of fees for services and
 1292  treatment rendered to the child or the parent and other legal
 1293  custodians.
 1294         Section 14. Section 984.12, Florida Statutes, is amended to
 1295  read:
 1296         984.12 Case staffing; services and treatment related to a
 1297  family in need of services.—
 1298         (1) The appropriate representative of the department shall
 1299  request a meeting of the family and child with a case staffing
 1300  committee to review the case of any family or child who the
 1301  department determines is in need of services or treatment if:
 1302         (a) The family or child is not in agreement with the
 1303  services or treatment offered;
 1304         (b) The family or child will not participate in the
 1305  services or treatment selected; or
 1306         (c) The representative of the department needs assistance
 1307  in developing an appropriate plan for services. The time and
 1308  place selected for the meeting shall be convenient for the child
 1309  and family.
 1310         (2) The composition of the case staffing committee shall be
 1311  based on the needs of the family and child. It shall include a
 1312  representative from the child’s school district and a
 1313  representative of the department of Juvenile Justice, and may
 1314  include the department’s authorized agent and a supervisor of
 1315  the department’s contracted provider; a representative from the
 1316  area of health, mental health, substance abuse, or social, or
 1317  educational services; a representative of the state attorney; a
 1318  representative of law enforcement the alternative sanctions
 1319  coordinator; and any person recommended by the child, family, or
 1320  department. The child and the child’s parent, legal guardian, or
 1321  custodian must be invited to attend the committee meeting.
 1322         (3) The case staffing committee shall:
 1323         (a)Identify the family’s concerns and contributing
 1324  factors.
 1325         (b)Request the family and child to identify their needs
 1326  and concerns.
 1327         (c)Seek input from the school district and any other
 1328  persons in attendance with knowledge of the family or child’s
 1329  situation and concerns.
 1330         (d)Consider the voluntary family services or other
 1331  community services that have been offered and the results of
 1332  those services.
 1333         (e)Identify whether truancy is a concern and evaluate
 1334  compliance with the remedial strategies provided pursuant to s.
 1335  1003.26.
 1336         (f) Reach a timely decision to provide the child or family
 1337  with needed services and recommend any appropriate and treatment
 1338  through the development of a plan for services.
 1339         (4) The plan for services shall contain the following:
 1340         (a) Statement of the concerns problems.
 1341         (b) Needs of the child.
 1342         (c) Needs of the parents, legal guardian, or legal
 1343  custodian.
 1344         (d) Measurable objectives that address the identified
 1345  problems and needs.
 1346         (e) Services and treatment to be provided, to include:
 1347         1. Type of services or treatment.
 1348         2. Frequency of services or treatment.
 1349         3. Location.
 1350         4. Accountable service providers or staff.
 1351         (f) Timeframes for achieving objectives.
 1352         (5) Upon receipt of the plan, the child and family shall
 1353  acknowledge their position by accepting or rejecting the
 1354  services and provisions in writing. If the plan is accepted, it
 1355  shall be implemented as soon as is practicable.
 1356         (6) The assigned case manager shall have responsibility A
 1357  case manager shall be designated by the case staffing committee
 1358  to be responsible for implementing the plan. The department’s
 1359  authorized agent case manager shall periodically review the
 1360  progress towards achieving the objectives of the plan in order
 1361  to:
 1362         (a) Advise the case staffing committee of the need to make
 1363  adjustments to the plan; or
 1364         (b)Recommend a child in need of services petition be filed
 1365  by the department; or
 1366         (c)(b) Terminate the case as indicated by successful or
 1367  substantial achievement of the objectives of the plan.
 1368         (7) The parent, legal guardian, or legal custodian may
 1369  convene a meeting of the case staffing committee, and any other
 1370  member of the committee may convene a meeting if the member
 1371  finds that doing so is in the best interest of the family or
 1372  child. A case staffing committee meeting requested by a parent,
 1373  guardian, or legal custodian must be convened within 7 days,
 1374  excluding weekends and legal holidays, after the date the
 1375  department’s representative receives the request in writing.
 1376         (8)Any other member of the committee may convene a meeting
 1377  if voluntary family services have been offered and the services
 1378  have been rejected by the child or family, or the child has not
 1379  made measurable progress toward achieving the service plan
 1380  goals, and the member finds that doing so is in the best
 1381  interest of the family or child.
 1382         (9)A case staffing committee meeting must be convened
 1383  within 30 days after the date the case is referred by the court
 1384  pursuant to s. 984.151.
 1385         (10)(8) Within 7 days after meeting, the case staffing
 1386  committee shall provide the parent, legal guardian, or legal
 1387  custodian with a written report that details the reasons for the
 1388  committee’s decision to recommend, or decline to recommend, that
 1389  the department file a petition alleging that the child is a
 1390  child in need of services.
 1391         (11)The case staffing committee may reconvene from time to
 1392  time as may be necessary to make adjustments to the plan.
 1393         Section 15. Section 984.13, Florida Statutes, is amended to
 1394  read:
 1395         984.13 Taking a child into custody a child alleged to be
 1396  from a family in need of services or to be a child in need of
 1397  services.—
 1398         (1) A child may be taken into custody:
 1399         (a) By a law enforcement officer when the officer
 1400  reasonably believes has reasonable grounds to believe that the
 1401  child has run away from his or her parents, legal guardian, or
 1402  other legal custodian.
 1403         (b) By a designated school representative pursuant to s.
 1404  1003.26(3) or a law enforcement officer when the officer
 1405  reasonably believes has reasonable grounds to believe that the
 1406  child is absent from school without authorization or is
 1407  suspended or expelled and is not in the presence of his or her
 1408  parent, or legal guardian, or custodian, for the purpose of
 1409  delivering the child without unreasonable delay to the
 1410  appropriate school system site. For the purpose of this
 1411  paragraph, “school system site” includes, but is not limited to,
 1412  a center approved by the superintendent of schools for the
 1413  purpose of counseling students and referring them back to the
 1414  school system or an approved alternative to a suspension or
 1415  expulsion program. If a student is suspended or expelled from
 1416  school without assignment to an alternative school placement,
 1417  the law enforcement officer or designated school representative
 1418  pursuant to s. 1003.26(3) shall deliver the child to the parent,
 1419  or legal guardian, or custodian, to a location determined by the
 1420  parent, legal or guardian, or custodian, or to a designated
 1421  truancy interdiction site until the parent or guardian can be
 1422  located.
 1423         (c) Pursuant to an order of the circuit court based upon
 1424  sworn testimony before or after a child in need of services
 1425  petition is filed under s. 984.15.
 1426         (d)Pursuant to an order of the circuit court based upon a
 1427  finding of contempt under this chapter for the purpose of
 1428  delivering the child to a designated shelter facility.
 1429         (e)(d) By a law enforcement officer when the child
 1430  voluntarily agrees to or requests services pursuant to this
 1431  chapter or placement in a shelter.
 1432         (2) The person taking the child into custody shall:
 1433         (a) Release the child to a parent, legal guardian, legal
 1434  custodian, or responsible adult relative and make a full written
 1435  report to the department’s authorized agent for families in need
 1436  of services within 3 days after release or to a department
 1437  approved family-in-need-of-services and child-in-need-of
 1438  services provider if the person taking the child into custody
 1439  reasonably believes has reasonable grounds to believe the child
 1440  has run away from a parent, legal guardian, or legal custodian;
 1441  is truant; or is ungovernable and beyond the control of the
 1442  parent, guardian, or legal custodian; following such release,
 1443  the person taking the child into custody shall make a full
 1444  written report to the intake office of the department within 3
 1445  days; or
 1446         (b) Deliver the child to a shelter when: the department,
 1447  stating the facts by reason of which the child was taken into
 1448  custody and sufficient information to establish probable cause
 1449  that the child is from a family in need of services.
 1450         1.The parent, legal guardian, or custodian is unavailable
 1451  to take immediate custody of the child;
 1452         2.The child requested voluntary family services and
 1453  shelter placement;
 1454         3.A court order under this chapter for shelter placement
 1455  has been issued; or
 1456         4.The child and the parent, legal guardian, or custodian
 1457  voluntarily agree the child is in need of temporary shelter
 1458  placement and such placement is necessary to provide a safe
 1459  place for the child to remain until the parents and child can
 1460  agree on conditions for the child’s safe return home.
 1461         (c)Deliver the child to a hospital for necessary
 1462  evaluation and treatment if the child is reasonably believed to
 1463  be suffering from a serious physical condition which requires
 1464  either prompt diagnosis or treatment.
 1465         (d)Deliver the child to a designated public receiving
 1466  facility as defined in s. 394.455 for examination under s.
 1467  394.463 if the child is reasonably believed to be mentally ill,
 1468  including immediate threat of suicide as provided in s.
 1469  394.463(1).
 1470         (e)Deliver the child to a hospital, addictions receiving
 1471  facility, or treatment resource if the child is reasonably
 1472  believed to be intoxicated and has threatened, attempted, or
 1473  inflicted physical harm on himself or herself or another, or is
 1474  incapacitated by substance abuse.
 1475         (3) If the child is taken into custody and by, or is
 1476  delivered to a shelter, the department, the department’s
 1477  authorized agent appropriate representative of the department
 1478  shall review the facts and make such further inquiry as
 1479  necessary to determine whether the child shall remain in
 1480  shelter, receive voluntary family services that would allow the
 1481  child alleged to be from a family in need of services to remain
 1482  at home, custody or be released. Unless shelter is required as
 1483  provided in s. 984.14(1), the department shall:
 1484         (a)Release the child to his or her parent, guardian, or
 1485  legal custodian, to a responsible adult relative, to a
 1486  responsible adult approved by the department, or to a
 1487  department-approved family-in-need-of-services and child-in
 1488  need-of-services provider; or
 1489         (b)Authorize temporary services and treatment that would
 1490  allow the child alleged to be from a family in need of services
 1491  to remain at home.
 1492         Section 16. Section 984.14, Florida Statutes, is amended to
 1493  read:
 1494         984.14 Voluntary shelter services placement; hearing.—
 1495         (1) Temporary voluntary shelter services provided by the
 1496  department shall provide a safe environment with 24-hour care
 1497  and supervision, referrals for services as needed, and education
 1498  at the center or offsite and counseling services for children.
 1499  Unless ordered by the court pursuant to the provisions of this
 1500  chapter, or upon voluntary consent to placement by the child and
 1501  the child’s parent, legal guardian, or custodian, a child taken
 1502  into custody shall not be placed in a shelter prior to a court
 1503  hearing unless a determination has been made that the provision
 1504  of appropriate and available services will not eliminate the
 1505  need for placement and that such placement is required:
 1506         (a)To provide an opportunity for the child and family to
 1507  agree upon conditions for the child’s return home, when
 1508  immediate placement in the home would result in a substantial
 1509  likelihood that the child and family would not reach an
 1510  agreement; or
 1511         (b)Because a parent, custodian, or guardian is unavailable
 1512  to take immediate custody of the child.
 1513         (2) If a child is sheltered due to being a runaway, or a
 1514  parent, legal guardian, or custodian is unavailable, the shelter
 1515  shall immediately attempt to make contact with the parent, legal
 1516  guardian, or custodian to advise the family of the child’s
 1517  whereabouts, determine whether the child can safely return home,
 1518  or determine whether the family is seeking temporary voluntary
 1519  shelter services until they can arrange to take the child home.
 1520  If the parent, legal guardian, or custodian cannot be located
 1521  within 24 hours, the Department of Children and Families shall
 1522  be contacted to assume custody of the child If the department
 1523  determines that placement in a shelter is necessary according to
 1524  the provisions of subsection (1), the departmental
 1525  representative shall authorize placement of the child in a
 1526  shelter provided by the community specifically for runaways and
 1527  troubled youth who are children in need of services or members
 1528  of families in need of services and shall immediately notify the
 1529  parents or legal custodians that the child was taken into
 1530  custody.
 1531         (3)A child who is involuntarily placed in a shelter shall
 1532  be given a shelter hearing within 24 hours after being taken
 1533  into custody to determine whether shelter placement is required.
 1534  The shelter petition filed with the court shall address each
 1535  condition required to be determined in subsection (1).
 1536         (4)A child may not be held involuntarily in a shelter
 1537  longer than 24 hours unless an order so directing is made by the
 1538  court after a shelter hearing finding that placement in a
 1539  shelter is necessary based on the criteria in subsection (1) and
 1540  that the department has made reasonable efforts to prevent or
 1541  eliminate the need for removal of the child from the home.
 1542         (5)Except as provided under s. 984.225, a child in need of
 1543  services or a child from a family in need of services may not be
 1544  placed in a shelter for longer than 35 days.
 1545         (6)When any child is placed in a shelter pursuant to court
 1546  order following a shelter hearing, the court shall order the
 1547  natural or adoptive parents of such child, the natural father of
 1548  such child born out of wedlock who has acknowledged his
 1549  paternity in writing before the court, or the guardian of such
 1550  child’s estate, if possessed of assets which under law may be
 1551  disbursed for the care, support, and maintenance of the child,
 1552  to pay, to the department, fees as established by the
 1553  department. When the order affects the guardianship estate, a
 1554  certified copy of the order shall be delivered to the judge
 1555  having jurisdiction of the guardianship estate.
 1556         (7)A child who is adjudicated a child in need of services
 1557  or alleged to be from a family in need of services or a child in
 1558  need of services may not be placed in a secure detention
 1559  facility or jail or any other commitment program for delinquent
 1560  children under any circumstances.
 1561         (8)The court may order the placement of a child in need of
 1562  services into a staff-secure facility for no longer than 5 days
 1563  for the purpose of evaluation and assessment.
 1564         Section 17. Section 984.15, Florida Statutes, is amended to
 1565  read:
 1566         984.15 Petition for a child in need of services.—
 1567         (1) All proceedings seeking an adjudication that a child is
 1568  a child in need of services shall be initiated by the filing of
 1569  a petition by an attorney representing the department or by the
 1570  child’s parent, legal guardian, or legal custodian. If a child
 1571  in need of services has been placed in a shelter pursuant to s.
 1572  984.14, the department shall file the petition immediately,
 1573  including in the petition notice of arraignment pursuant to s.
 1574  984.20.
 1575         (2)(a) The department shall file a petition for a child in
 1576  need of services if the child meets the definition of a child in
 1577  need of services, and the case manager or staffing committee
 1578  recommends requests that a petition be filed and:
 1579         1. The family and child have in good faith, but
 1580  unsuccessfully, used the services and process described in ss.
 1581  984.11 and 984.12; or
 1582         2. The family or child have refused all services described
 1583  in ss. 984.11 and 984.12 after reasonable efforts by the
 1584  department to involve the family and child in voluntary family
 1585  services and treatment.
 1586         (b) Once the requirements in paragraph (a) have been met,
 1587  the department shall file a petition for a child in need of
 1588  services as soon as practicable within 45 days.
 1589         (c) The petition shall be in writing, shall state the
 1590  specific grounds under s. 984.03(9) by which the child is
 1591  designated a child in need of services, and shall certify that
 1592  the conditions prescribed in paragraph (a) have been met. The
 1593  petition shall be signed by the petitioner under oath stating
 1594  good faith in filing the petition and shall be signed by an
 1595  attorney for the department.
 1596         (3)(a) The parent, legal guardian, or legal custodian may
 1597  file a petition alleging that a child is a child in need of
 1598  services if:
 1599         1. The department waives the requirement for a case
 1600  staffing committee.
 1601         2. The department fails to convene a meeting of the case
 1602  staffing committee within 7 days, excluding weekends and legal
 1603  holidays, after receiving a written request for such a meeting
 1604  from the child’s parent, legal guardian, or legal custodian.
 1605         3. The parent, legal guardian, or legal custodian does not
 1606  agree with the plan for services offered by the case staffing
 1607  committee.
 1608         4. The department fails to provide a written report within
 1609  7 days after the case staffing committee meets, as required
 1610  under s. 984.12(10) s. 984.12(8).
 1611         (b) The parent, legal guardian, or legal custodian must
 1612  give the department prior written notice of intent to file the
 1613  petition. If, at the arraignment hearing, the court finds that
 1614  such written notice of intent to file the petition was not
 1615  provided to the department, the court shall dismiss the
 1616  petition, postpone the hearing until such written notice is
 1617  given, or, if the department agrees, proceed with the
 1618  arraignment hearing. The petition must be served on the
 1619  department’s office of general counsel.
 1620         (c) The petition must be in writing and must set forth
 1621  specific facts alleging that the child is a child in need of
 1622  services as defined in s. 984.03(9). The petition must also
 1623  demonstrate that the parent, legal guardian, or legal custodian
 1624  has in good faith, but unsuccessfully, participated in the
 1625  services and processes described in ss. 984.11 and 984.12.
 1626         (4)(d) The petition must be signed by the petitioner under
 1627  oath.
 1628         (5)(e) The court, on its own motion or the motion of any
 1629  party or the department, shall determine the legal sufficiency
 1630  of a petition filed under this subsection and may dismiss any
 1631  petition that lacks sufficient grounds. In addition, the court
 1632  shall verify that the child is not:
 1633         (a)1. The subject of a pending investigation into an
 1634  allegation or suspicion of abuse, neglect, or abandonment;
 1635         (b)2. The subject of a pending petition referral alleging
 1636  that the child is delinquent; or
 1637         (c)3. Under the current supervision of the department or
 1638  the Department of Children and Families for an adjudication or
 1639  withholding of adjudication of delinquency or dependency.
 1640         (6)(4) The form of the petition and any additional contents
 1641  shall be determined by rules of procedure adopted by the Supreme
 1642  Court.
 1643         (7)(5) The petitioner department or the parent, guardian,
 1644  or legal custodian may withdraw a petition at any time before
 1645  prior to the child is being adjudicated a child in need of
 1646  services.
 1647         Section 18. Section 984.151, Florida Statutes, is amended
 1648  to read:
 1649         984.151 Early truancy intervention; truancy petition;
 1650  judgment prosecution; disposition.—
 1651         (1) If the school determines that a student subject to
 1652  compulsory school attendance has had at least five unexcused
 1653  absences, or absences for which the reasons are unknown, within
 1654  a calendar month or 10 unexcused absences, or absences for which
 1655  the reasons are unknown, within a 90-calendar-day period
 1656  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
 1657  absences in a 90-calendar-day period, the superintendent of
 1658  schools or his or her designee may file a truancy petition
 1659  seeking early truancy intervention.
 1660         (2) The petition shall be filed in the circuit in which the
 1661  student is enrolled in school.
 1662         (3) Original jurisdiction to hear a truancy petition shall
 1663  be in the circuit court; however, the circuit court may use a
 1664  general or special magistrate master pursuant to Supreme Court
 1665  rules. Upon the filing of the petition, the clerk shall issue a
 1666  summons to the parent, legal guardian, or legal custodian of the
 1667  student, directing that person and the student to appear for a
 1668  hearing at a time and place specified.
 1669         (4) The petition must contain the following: the name, age,
 1670  and address of the student; the name and address of the
 1671  student’s parent or guardian; the school where the student is
 1672  enrolled; the efforts the school has made to get the student to
 1673  attend school in compliance with s. 1003.26; the number of out
 1674  of-school contacts between the school system and student’s
 1675  parent or guardian; and the number of days and dates of days the
 1676  student has missed school. The petition shall be sworn to by the
 1677  superintendent or his or her designee.
 1678         (5) Once the petition is filed, the court shall hear the
 1679  petition within 30 days.
 1680         (6) The student and the student’s parent or guardian shall
 1681  attend the hearing.
 1682         (7) If the court determines that the student did miss any
 1683  of the alleged days, the court shall enter an order finding the
 1684  child to be a truant status offender and the court shall order
 1685  the student to attend school and order the parent, legal
 1686  guardian, or custodian to ensure that the student attends
 1687  school. The court’s power under this subsection is limited to
 1688  entering orders to require the student to attend school and
 1689  require the student and family to participate in services to
 1690  encourage regular school attendance. The court, and may order
 1691  any of the following services:
 1692         (a) The student to participate in alternative sanctions to
 1693  include mandatory attendance at alternative classes; to be
 1694  followed by mandatory community services hours for a period up
 1695  to 6 months; the student and
 1696         (b) The student’s parent, legal or guardian, or custodian
 1697  to participate in parenting classes homemaker or parent aide
 1698  services;
 1699         (c) The student or the student’s parent, legal or guardian
 1700  or custodian to participate in individual, group, or family
 1701  intensive crisis counseling;
 1702         (d) The student or the student’s parent, legal or guardian
 1703  or custodian to participate in community mental health services
 1704  or substance abuse treatment services if available and
 1705  applicable;
 1706         (e) The student and the student’s parent, legal or
 1707  guardian, or custodian to participate in services service
 1708  provided by state or community voluntary or community agencies,
 1709  if appropriate as available, including services for families in
 1710  need of services as provided in s. 984.11;
 1711         (f)The student and the student’s parent, legal guardian,
 1712  or custodian to attend meetings with school officials to address
 1713  the child’s educational needs, classroom assignment, class
 1714  schedule, and other barriers to school attendance identified by
 1715  the child’s school, the child or his or her family;
 1716         (g)The student and the student’s parent, legal guardian,
 1717  or custodian to engage in learning activities provided by the
 1718  school board as to why education is important and the potential
 1719  impact on the child’s future employment and education options if
 1720  the attendance problem persists; or
 1721         (h)and The student or the student’s parent, legal or
 1722  guardian, or custodian to participate in vocational or, job
 1723  training, or employment services.
 1724         (8) If the student does not substantially comply with
 1725  compulsory school attendance and court-ordered services required
 1726  under successfully complete the sanctions ordered in subsection
 1727  (7), and the child meets the definition of a child in need of
 1728  services, the case shall be referred by the court to the
 1729  department’s authorized agent for review by the case staffing
 1730  committee under s. 984.12 with a recommendation to file a
 1731  petition for child in need of services child-in-need-of-services
 1732  petition under s. 984.15. The court shall review the case not
 1733  less than every 45 days to determine whether the child is in
 1734  substantial compliance with compulsory education or if the case
 1735  should be referred to the case staffing committee in accord with
 1736  this subsection.
 1737         (9)If the student substantially complies with compulsory
 1738  school attendance the court shall close the truancy case.
 1739         (10)If the child is adjudicated a child in need of
 1740  services pursuant to s. 984.21, the truancy case shall be closed
 1741  and jurisdiction relinquished in accordance with s. 984.04.
 1742         (11)The court may retain jurisdiction of any case in which
 1743  the child is noncompliant with compulsory education and the
 1744  child does not meet the definition of a child in need of
 1745  services under this chapter until jurisdiction lapses pursuant
 1746  to s. 984.04.
 1747         (12)The court may not order a child placed in shelter
 1748  pursuant to this section unless the court has found the child to
 1749  be in contempt for violation of a court order under s. 984.09.
 1750         (13)(9) The parent, legal guardian, or legal custodian and
 1751  the student shall participate, as required by court order, in
 1752  any sanctions or services required by the court under this
 1753  section, and the court shall enforce such participation through
 1754  its contempt power.
 1755         (14)Any truant student that meets the definition of a
 1756  child in need of services and who has been found in contempt for
 1757  violation of a court order under s. 984.09 two or more times
 1758  shall be referred to the case staffing committee under s. 984.12
 1759  with a recommendation to file a petition for a child in need of
 1760  services.
 1761         (15)The clerk of court must serve any court order
 1762  referring the case to voluntary family services or the case
 1763  staffing committee to the department’s office of general counsel
 1764  and to the department’s authorized agent.
 1765         Section 19. Subsections (3) and (5) of section 984.16,
 1766  Florida Statutes, are amended, and subsection (11) is added to
 1767  that section, to read:
 1768         984.16 Process and service for child in need of services
 1769  petitions.—
 1770         (3) The summons shall require the person on whom it is
 1771  served to appear for a hearing at a time, and place, and manner
 1772  specified. Except in cases of medical emergency, the time shall
 1773  not be less than 24 hours after service of the summons. The
 1774  summons must may require the custodian to bring the child to
 1775  court if the court determines that the child’s presence is
 1776  necessary. A copy of the petition shall be attached to the
 1777  summons.
 1778         (5) The jurisdiction of the court shall attach to the child
 1779  and the parent, legal guardian, or custodian, or legal guardian
 1780  of the child and the case when the summons is served upon the
 1781  child or a parent, or legal guardian, or actual custodian of the
 1782  child; or when the child is taken into custody with or without
 1783  service of summons and after filing of a petition for a child in
 1784  need of services; or when a party personally appears before the
 1785  court whichever occurs first, and thereafter the court may
 1786  control the child and case in accordance with this chapter.
 1787         (11)If a court takes action that directly involves a
 1788  student’s school, including, but not limited to, an order that a
 1789  student attend school, attend school with his or her parent,
 1790  requiring the parent to participate in meetings, including
 1791  parent-teacher conferences, Section 504 plan meetings or
 1792  individualized education plan meetings to address the student’s
 1793  disability, the office of the clerk of the court shall provide
 1794  notice to the school of the court’s order.
 1795         Section 20. Section 984.17, Florida Statutes, is amended to
 1796  read:
 1797         984.17 Response to petition and representation of parties.—
 1798         (1) At the time a child in need of services petition is
 1799  filed, the court may appoint a guardian ad litem for the child.
 1800         (2) No answer to the petition or any other pleading need be
 1801  filed by any child, parent, or legal guardian, or custodian, but
 1802  any matters which might be set forth in an answer or other
 1803  pleading may be pleaded orally before the court or filed in
 1804  writing as any such person may choose. Notwithstanding the
 1805  filing of an answer or any pleading, the child and or parent,
 1806  legal guardian, or custodian shall, before prior to an
 1807  adjudicatory hearing, be advised by the court of the right to
 1808  counsel.
 1809         (3) When a petition for a child in need of services has
 1810  been filed and the parents, legal guardian, or legal custodian
 1811  of the child and the child have advised the department that the
 1812  truth of the allegations is acknowledged and that no contest is
 1813  to be made of the adjudication, the attorney representing the
 1814  department may set the case before the court for a disposition
 1815  hearing. If there is a change in the plea at this hearing, the
 1816  court shall continue the hearing to permit the attorney
 1817  representing the department to prepare and present the case.
 1818         (4) An attorney representing the department shall represent
 1819  the state in any proceeding in which the petition alleges that a
 1820  child is a child in need of services and in which a party denies
 1821  the allegations of the petition and contests the adjudication.
 1822         Section 21. Section 984.18, Florida Statutes, is repealed.
 1823         Section 22. Section 984.19, Florida Statutes, is amended to
 1824  read:
 1825         984.19 Medical screening and treatment of child;
 1826  examination of parent, legal guardian, or person requesting
 1827  custody.—
 1828         (1) When any child is to be placed in shelter care, the
 1829  department or its authorized agent may is authorized to have a
 1830  medical screening provided for performed on the child without
 1831  authorization from the court and without consent from a parent,
 1832  legal or guardian, or custodian. Such medical screening shall be
 1833  provided performed by a licensed health care professional and
 1834  shall be to screen examine the child for injury, illness, and
 1835  communicable diseases. In no case does this subsection authorize
 1836  the department to consent to medical treatment for such
 1837  children.
 1838         (2) When the department has performed the medical screening
 1839  authorized by subsection (1) or when it is otherwise determined
 1840  by a licensed health care professional that a child is in need
 1841  of medical treatment, consent for medical treatment shall be
 1842  obtained in the following manner:
 1843         (a)1. Consent to medical treatment shall be obtained from a
 1844  parent, legal or guardian, or custodian of the child; or
 1845         2. A court order for such treatment shall be obtained.
 1846         (b) If a parent, legal or guardian, or custodian of the
 1847  child is unavailable and his or her whereabouts cannot be
 1848  reasonably ascertained, and it is after normal working hours so
 1849  that a court order cannot reasonably be obtained, an authorized
 1850  agent of the department or its provider has the authority to
 1851  consent to necessary medical treatment for the child. The
 1852  authority of the department to consent to medical treatment in
 1853  this circumstance is limited to the time reasonably necessary to
 1854  obtain court authorization.
 1855         (c) If a parent, legal or guardian, or custodian of the
 1856  child is available but refuses to consent to the necessary
 1857  treatment, a court order is required, unless the situation meets
 1858  the definition of an emergency in s. 743.064 or the treatment
 1859  needed is related to suspected abuse or neglect of the child by
 1860  the parent or guardian. In such case, the department’s
 1861  authorized agent may department has the authority to consent to
 1862  necessary medical treatment. This authority is limited to the
 1863  time reasonably necessary to obtain court authorization.
 1864  
 1865  In no case may the department consent to sterilization,
 1866  abortion, or termination of life support.
 1867         (3) A judge may order that a child alleged to be or
 1868  adjudicated a child in need of services be examined by a
 1869  licensed health care professional. The judge may also order such
 1870  child to be evaluated by a psychiatrist or a psychologist, by a
 1871  district school board educational needs assessment team, or, if
 1872  a developmental disability is suspected or alleged, by the
 1873  developmental disability diagnostic and evaluation team of the
 1874  Department of Children and Families or Agency for Persons with
 1875  Disabilities. The judge may order a family assessment if that
 1876  assessment was not completed at an earlier time. If it is
 1877  necessary to place a child in a residential facility for such
 1878  evaluation, then the criteria and procedure established in s.
 1879  394.463(2) or chapter 393 shall be used, whichever is
 1880  applicable. The educational needs assessment provided by the
 1881  district school board educational needs assessment team shall
 1882  include, but not be limited to, reports of intelligence and
 1883  achievement tests, screening for learning disabilities and other
 1884  handicaps, and screening for the need for alternative education
 1885  pursuant to s. 1003.53.
 1886         (4) A judge may order that a child alleged to be or
 1887  adjudicated a child in need of services be treated by a licensed
 1888  health care professional. The judge may also order such child to
 1889  receive mental health or intellectual disability services from a
 1890  psychiatrist, psychologist, or other appropriate service
 1891  provider. If it is necessary to place the child in a residential
 1892  facility for such services, the procedures and criteria
 1893  established in s. 394.467 or chapter 393 shall be used, as
 1894  applicable. A child may be provided services in emergency
 1895  situations pursuant to the procedures and criteria contained in
 1896  s. 394.463(1) or chapter 393, as applicable.
 1897         (5) When there are indications of physical injury or
 1898  illness, a licensed health care professional shall be
 1899  immediately contacted called or the child shall be taken to the
 1900  nearest available hospital for emergency care.
 1901         (6) Except as otherwise provided herein, nothing in this
 1902  section does not shall be deemed to eliminate the right of a
 1903  parent, legal a guardian, or custodian, or the child to consent
 1904  to examination or treatment for the child.
 1905         (7) Except as otherwise provided herein, nothing in this
 1906  section does not shall be deemed to alter the provisions of s.
 1907  743.064.
 1908         (8) A court may order shall not be precluded from ordering
 1909  services or treatment to be provided to the child by a duly
 1910  accredited practitioner who relies solely on spiritual means for
 1911  healing in accordance with the tenets and practices of a church
 1912  or religious organization, when required by the child’s health
 1913  and when requested by the child.
 1914         (9) Nothing in This section does not shall be construed to
 1915  authorize the permanent sterilization of the child, unless such
 1916  sterilization is the result of or incidental to medically
 1917  necessary treatment to protect or preserve the life of the
 1918  child.
 1919         (10) For the purpose of obtaining an evaluation or
 1920  examination or receiving treatment as authorized pursuant to
 1921  this section, no child alleged to be or found to be a child from
 1922  a family in need of services or a child in need of services
 1923  shall be placed in a detention facility or other program used
 1924  primarily for the care and custody of children alleged or found
 1925  to have committed delinquent acts.
 1926         (11) The parents, legal guardian, or custodian guardian of
 1927  a child alleged to be or adjudicated a child in need of services
 1928  remain financially responsible for the cost of medical treatment
 1929  provided to the child even if one or both of the parents or if
 1930  the legal guardian, or custodian did not consent to the medical
 1931  treatment. After a hearing, the court may order the parents,
 1932  legal or guardian, or custodian, if found able to do so, to
 1933  reimburse the department or other provider of medical services
 1934  for treatment provided.
 1935         (12) A judge may order a child under its jurisdiction to
 1936  submit to substance abuse evaluation, testing, and treatment in
 1937  accordance with s. 397.706 Nothing in this section alters the
 1938  authority of the department to consent to medical treatment for
 1939  a child who has been committed to the department pursuant to s.
 1940  984.22(3) and of whom the department has become the legal
 1941  custodian.
 1942         (13) At any time after the filing of a petition for a child
 1943  in need of services, when the mental or physical condition,
 1944  including the blood group, of a parent, guardian, or other
 1945  person requesting custody of a child is in controversy, the
 1946  court may order the person to submit to a physical or mental
 1947  examination by a qualified professional. The order may be made
 1948  only upon good cause shown and pursuant to notice and procedures
 1949  as set forth by the Florida Rules of Juvenile Procedure.
 1950         Section 23. Section 984.20, Florida Statutes, is amended to
 1951  read:
 1952         984.20 Hearings for child in need of services child-in
 1953  need-of-services cases.—
 1954         (1) ARRAIGNMENT HEARING.—
 1955         (a) The clerk shall set a date for an arraignment hearing
 1956  within a reasonable time after the date of the filing of the
 1957  child in need of services petition. The court shall advise the
 1958  child and the parent, legal guardian, or custodian of the right
 1959  to counsel as provided in s. 984.07. When a child has been taken
 1960  into custody by order of the court, an arraignment hearing shall
 1961  be held within 7 days after the date the child is taken into
 1962  custody. The hearing shall be held for the child and the parent,
 1963  legal guardian, or custodian to admit, deny, or consent to
 1964  findings that a child is in need of services as alleged in the
 1965  petition. If the child and the parent, legal guardian, or
 1966  custodian admit or consent to the findings in the petition, the
 1967  court shall adjudicate the child a child in need of services and
 1968  proceed as set forth in the Florida Rules of Juvenile Procedure.
 1969  However, if either the child or the parent, legal guardian, or
 1970  custodian denies any of the allegations of the petition, the
 1971  court shall hold an adjudicatory hearing within a reasonable
 1972  time after the date of the arraignment hearing 7 days after the
 1973  date of the arraignment hearing.
 1974         (b) The court may grant a continuance of the arraignment
 1975  hearing When a child is in the custody of the parent, guardian,
 1976  or custodian, upon the filing of a petition, the clerk shall set
 1977  a date for an arraignment hearing within a reasonable time from
 1978  the date of the filing of the petition. if the child or and the
 1979  parent, legal guardian, or custodian request a continuance to
 1980  obtain an attorney. The case shall be rescheduled for an
 1981  arraignment hearing within a reasonable period of time to allow
 1982  for consultation admit or consent to an adjudication, the court
 1983  shall proceed as set forth in the Florida Rules of Juvenile
 1984  Procedure. However, if either the child or the parent, guardian,
 1985  or custodian denies any of the allegations of child in need of
 1986  services, the court shall hold an adjudicatory hearing within a
 1987  reasonable time from the date of the arraignment hearing.
 1988         (c) If at the arraignment hearing the child and the parent,
 1989  legal guardian, or custodian consents or admits to the
 1990  allegations in the petition and the court determines that the
 1991  petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
 1992  the court shall proceed to hold a disposition hearing at the
 1993  earliest practicable time that will allow for the completion of
 1994  a predisposition study.
 1995         (d)Failure of a person served with notice to appear at the
 1996  arraignment hearing constitutes the person’s consent to the
 1997  adjudication of the child as a child in need of services. The
 1998  document containing the notice to respond or appear must
 1999  contain, in type as large as the balance of the document, the
 2000  following or substantially similar language:
 2001  
 2002         FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
 2003         CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
 2004         AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
 2005         COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
 2006         CHILD INTO SHELTER.
 2007  
 2008  If a person appears for the arraignment hearing and the court
 2009  orders that person to appear, either physically or through
 2010  audio-video communication technology, at the adjudicatory
 2011  hearing for the child in need of services case, stating the
 2012  date, time, place, and, if applicable, the instructions for
 2013  appearance through audio-video communication technology, of the
 2014  adjudicatory hearing, that person’s failure to appear for the
 2015  scheduled adjudicatory hearing constitutes consent to
 2016  adjudication of the child as a child in need of services.
 2017         (2) ADJUDICATORY HEARING.—
 2018         (a) The adjudicatory hearing shall be held as soon as
 2019  practicable after the petition for a child in need of services
 2020  is filed and in accordance with the Florida Rules of Juvenile
 2021  Procedure, but reasonable delay for the purpose of
 2022  investigation, discovery, or procuring counsel or witnesses
 2023  shall, whenever practicable, be granted. If the child is in
 2024  custody, the adjudicatory hearing shall be held within 14 days
 2025  after the date the child was taken into custody.
 2026         (b) Adjudicatory hearings shall be conducted by the judge
 2027  without a jury, applying the rules of evidence in use in civil
 2028  cases and adjourning the hearings from time to time as
 2029  necessary. In an adjudicatory a hearing on a petition in which
 2030  it is alleged that the child is a child in need of services, a
 2031  preponderance of evidence shall be required to establish that
 2032  the child is in need of services. If the court finds the
 2033  allegations are proven by a preponderance of evidence and the
 2034  child is a child in need of services, the court shall enter an
 2035  order of adjudication.
 2036         (c) All hearings, except as hereinafter provided, shall be
 2037  open to the public, and no person shall be excluded therefrom
 2038  except on special order of the judge who, in his or her
 2039  discretion, may close any hearing to the public when the public
 2040  interest or the welfare of the child, in his or her opinion, is
 2041  best served by so doing. Hearings involving more than one child
 2042  may be held simultaneously when the several children involved
 2043  are related to each other or were involved in the same case. The
 2044  child and the parent, legal guardian, or custodian of the child
 2045  may be examined separately and apart from each other.
 2046         (3) DISPOSITION HEARING.—
 2047         (a) At the disposition hearing, if the court finds that the
 2048  facts alleged in the petition of a child in need of services
 2049  were proven in the adjudicatory hearing, the court shall receive
 2050  and consider a predisposition study, which shall be in writing
 2051  and be presented by an authorized agent of the department or its
 2052  provider.
 2053         (a) The predisposition study shall cover:
 2054         1. All treatment and services that the parent, legal
 2055  guardian, or custodian and child received.
 2056         2. The love, affection, and other emotional ties existing
 2057  between the family parents and the child.
 2058         3. The capacity and disposition of the parents, legal
 2059  guardian, or custodian to provide the child with food, clothing,
 2060  medical care or other remedial care recognized and permitted
 2061  under the laws of this state in lieu of medical care, and other
 2062  material needs.
 2063         4. The length of time that the child has lived in a stable,
 2064  satisfactory environment and the desirability of maintaining
 2065  continuity.
 2066         5. The permanence, as a family unit, of the existing or
 2067  proposed custodial home.
 2068         6. The moral fitness of the parents, legal guardian, or
 2069  custodian.
 2070         7. The mental and physical health of the family.
 2071         8. The home, school, and community record of the child.
 2072         9. The reasonable preference of the child, if the court
 2073  deems the child to be of sufficient intelligence, understanding,
 2074  and experience to express a preference.
 2075         10. Any other factor considered by the court to be
 2076  relevant.
 2077         (b) The predisposition study also shall provide the court
 2078  with documentation regarding:
 2079         1. The availability of appropriate prevention, services,
 2080  and treatment for the parent, legal guardian, custodian, and
 2081  child to prevent the removal of the child from the home or to
 2082  reunify the child with the parent, legal guardian, or custodian
 2083  after removal or to reconcile the problems between the family
 2084  parent, guardian, or custodian and the child.;
 2085         2. The inappropriateness of other prevention, treatment,
 2086  and services that were available.;
 2087         3. The efforts by the department to prevent shelter out-of
 2088  home placement of the child or, when applicable, to reunify the
 2089  parent, legal guardian, or custodian if appropriate services
 2090  were available.;
 2091         4. Whether voluntary family the services were provided.;
 2092         5. If the voluntary family services and treatment were
 2093  provided, whether they were sufficient to meet the needs of the
 2094  child and the family and to enable the child to remain at home
 2095  or to be returned home.;
 2096         6. If the voluntary family services and treatment were not
 2097  provided, the reasons for such lack of provision.; and
 2098         7. The need for, or appropriateness of, continuing such
 2099  treatment and services if the child remains in the custody of
 2100  the parent, legal guardian, or custodian or if the child is
 2101  placed outside the home.
 2102         (c) If placement of the child with anyone other than the
 2103  child’s parent, guardian, or custodian is being considered, the
 2104  study shall include the designation of a specific length of time
 2105  as to when custody by the parent, guardian, or custodian shall
 2106  be reconsidered.
 2107         (d) A copy of this predisposition study shall be furnished
 2108  to the person having custody of the child at the time such
 2109  person is notified of the disposition hearing.
 2110         (e)After review of the predisposition study and other
 2111  relevant materials, the court shall hear from the parties and
 2112  consider all recommendations for court-ordered services,
 2113  evaluations, treatment and required actions designed to remedy
 2114  the child’s truancy, ungovernable behavior, or running away. The
 2115  court shall enter an order of disposition.
 2116  
 2117  Any other relevant and material evidence, including other
 2118  written or oral reports, may be received by the court in its
 2119  effort to determine the action to be taken with regard to the
 2120  child and may be relied upon to the extent of its probative
 2121  value, even though not competent in an adjudicatory hearing.
 2122  Except as provided in paragraph (2)(c), nothing in this section
 2123  does not shall prohibit the publication of proceedings in a
 2124  hearing.
 2125         (4) REVIEW HEARINGS.—
 2126         (a) The court shall hold a review hearing within 45 days
 2127  after the disposition hearing. Additional review hearings may be
 2128  held as necessary, allowing sufficient time for the child and
 2129  family to work toward compliance with the court orders and
 2130  monitoring by the case manager. No longer than 90 days may
 2131  elapse between judicial review hearings but no less than 45 days
 2132  after the date of the last review hearing.
 2133         (b)The parent, legal guardian, or custodian and the child
 2134  shall be noticed to appear for the review hearing. The
 2135  department must appear at the review hearing. If the parent,
 2136  legal guardian, or custodian does not appear at a review
 2137  hearing, or if the court finds good cause to waive the child’s
 2138  presence, the court may proceed with the hearing and enter
 2139  orders that affect the child and family accordingly.
 2140         (c)(b) At the review hearings, the court shall consider the
 2141  department’s judicial review summary. The court shall close the
 2142  case if the child has substantially complied with the case plans
 2143  and court orders and no longer requires continued court
 2144  supervision, subject to the case being reopened. Upon request of
 2145  the petitioner, the court may close the case and relinquish
 2146  jurisdiction. If the child has significantly failed to comply
 2147  with the case plan or court orders, the child shall continue to
 2148  be a child in need of services and reviewed by the court as
 2149  needed. At review hearings, the court may enter further orders
 2150  to adjust the services case plan to address the family needs and
 2151  compliance with court orders, including, but not limited to,
 2152  ordering the child placed in shelter, but no less than 45 days
 2153  after the date of the last review hearing.
 2154         Section 24. Section 984.21, Florida Statutes, is amended to
 2155  read:
 2156         984.21 Orders of adjudication.—
 2157         (2)(1) If the court finds that the child named in a
 2158  petition is not a child in need of services, it shall enter an
 2159  order so finding and dismiss dismissing the case.
 2160         (2)If the court finds that the child named in the petition
 2161  is a child in need of services, but finds that no action other
 2162  than supervision in the home is required, it may enter an order
 2163  briefly stating the facts upon which its finding is based, but
 2164  withholding an order of adjudication and placing the child and
 2165  family under the supervision of the department. If the court
 2166  later finds that the parent, guardian, or custodian of the child
 2167  have not complied with the conditions of supervision imposed,
 2168  the court may, after a hearing to establish the noncompliance,
 2169  but without further evidence of the state of the child in need
 2170  of services, enter an order of adjudication and shall thereafter
 2171  have full authority under this chapter to provide for the child
 2172  as adjudicated.
 2173         (3) If the court finds by a preponderance of evidence that
 2174  the child named in a petition is a child in need of services,
 2175  but elects not to proceed under subsection (2), it shall
 2176  incorporate that finding in an order of adjudication entered in
 2177  the case, briefly stating the facts upon which the finding is
 2178  made, and the court shall thereafter have full authority under
 2179  this chapter to provide for the child as adjudicated.
 2180         (1)(4) An order of adjudication by a court that a child is
 2181  a child in need of services is a civil adjudication, and is
 2182  services shall not be deemed a conviction, nor shall the child
 2183  be deemed to have been found guilty or to be a delinquent or
 2184  criminal by reason of that adjudication, nor shall that
 2185  adjudication operate to impose upon the child any of the civil
 2186  disabilities ordinarily imposed by or resulting from conviction
 2187  or disqualify or prejudice the child in any civil service
 2188  application or appointment.
 2189         Section 25. Section 984.22, Florida Statutes, is amended to
 2190  read:
 2191         984.22 Powers of disposition.—
 2192         (1) If the court finds that services and treatment have not
 2193  been provided or used utilized by a child or family, the court
 2194  having jurisdiction of the child in need of services shall have
 2195  the power to direct the least intrusive and least restrictive
 2196  disposition, as follows:
 2197         (a) Order the parent, legal guardian, or custodian and the
 2198  child to participate in treatment, services, and any other
 2199  alternative identified as necessary.
 2200         (b) Order the parent, legal guardian, or custodian to pay a
 2201  fine or fee based on the recommendations of the department.
 2202         (2) When any child is adjudicated by the court to be a
 2203  child in need of services, the court having jurisdiction of the
 2204  child and parent, legal guardian, or custodian shall have the
 2205  power, by order, to:
 2206         (a) Place the child under the supervision of the
 2207  department’s authorized agent contracted provider of programs
 2208  and services for children in need of services and families in
 2209  need of services. The term supervision, for the purposes of
 2210  this section, means services as defined by the contract between
 2211  the department and the provider.
 2212         (b) Place the child in the temporary legal custody of an
 2213  adult willing to care for the child.
 2214         (c) Commit the child to a licensed child-caring agency
 2215  willing to receive the child and to provide services without
 2216  compensation from the department.
 2217         (d) Order the child, and, if the court finds it
 2218  appropriate, the parent, legal guardian, or custodian of the
 2219  child, to render community service in a public service program.
 2220         (e)Order the child placed in shelter pursuant to s.
 2221  984.225 or s. 984.226.
 2222         (3) When any child is adjudicated by the court to be a
 2223  child in need of services and temporary legal custody of the
 2224  child has been placed with an adult willing to care for the
 2225  child, or a licensed child-caring agency, the Department of
 2226  Juvenile Justice, or the Department of Children and Families,
 2227  the court shall order the natural or adoptive parents of such
 2228  child, including the natural father of such child born out of
 2229  wedlock who has acknowledged his paternity in writing before the
 2230  court, or the guardian of such child’s estate if possessed of
 2231  assets which under law may be disbursed for the care, support,
 2232  and maintenance of such child, to pay child support to the adult
 2233  relative caring for the child, the licensed child-caring agency,
 2234  the department of Juvenile Justice, or the Department of
 2235  Children and Families. When such order affects the guardianship
 2236  estate, a certified copy of such order shall be delivered to the
 2237  judge having jurisdiction of such guardianship estate. If the
 2238  court determines that the parent is unable to pay support,
 2239  placement of the child shall not be contingent upon issuance of
 2240  a support order. The department may employ a collection agency
 2241  to receive, collect, and manage for the purpose of receiving,
 2242  collecting, and managing the payment of unpaid and delinquent
 2243  fees. The collection agency must be registered and in good
 2244  standing under chapter 559. The department may pay to the
 2245  collection agency a fee from the amount collected under the
 2246  claim or may authorize the agency to deduct the fee from the
 2247  amount collected.
 2248         (4)All payments of fees made to the department under this
 2249  chapter, or child support payments made to the department
 2250  pursuant to subsection (3), shall be deposited in the General
 2251  Revenue Fund.
 2252         (4)(5) In carrying out the provisions of this chapter, the
 2253  court shall order the child, family, parent, legal guardian, or
 2254  custodian of a child who is found to be a child in need of
 2255  services to participate in family counseling and other
 2256  professional counseling activities or other alternatives deemed
 2257  necessary to address the needs for the rehabilitation of the
 2258  child and family.
 2259         (5)(6) The participation and cooperation of the family,
 2260  parent, legal guardian, or custodian, and the child with court
 2261  ordered services, treatment, or community service are mandatory,
 2262  not merely voluntary. The court may use its contempt powers to
 2263  enforce its orders order.
 2264         Section 26. Section 984.225, Florida Statutes, is amended
 2265  to read:
 2266         984.225 Powers of disposition; placement in a staff-secure
 2267  shelter.—
 2268         (1) Subject to specific legislative appropriation, The
 2269  court may order that a child adjudicated as a child in need of
 2270  services be placed in shelter to enforce the court’s orders, to
 2271  ensure the child attends school, to ensure the child receives
 2272  needed counseling, and to ensure the child adheres to a service
 2273  plan. While a child is in a shelter, the child shall receive
 2274  education commensurate with his or her grade level and
 2275  educational ability. The department, or the department’s
 2276  authorized agent, must verify to the court that a shelter bed is
 2277  available for the child. If the department or the department’s
 2278  authorized agent verifies that a bed is not available, the
 2279  department shall place the child’s name on a waiting list. The
 2280  child who has been on the waiting list the longest shall get the
 2281  next available bed. for up to 90 days in a staff-secure shelter
 2282  if:
 2283         (2)The court shall order the parent, legal guardian, or
 2284  custodian to cooperate with reunification efforts and
 2285  participate in counseling. If a parent, legal guardian, or
 2286  custodian prefers to arrange counseling or other services with a
 2287  private provider in lieu of using services provided by the
 2288  department, the family shall pay all costs associated with those
 2289  services.
 2290         (3)Placement of a child under this section is designed to
 2291  provide residential care on a temporary basis. Such placement
 2292  does not abrogate the legal responsibilities of the parent,
 2293  legal guardian, or custodian with respect to the child, except
 2294  to the extent that those responsibilities are temporarily
 2295  altered by court order.
 2296         (a)The court may order any child adjudicated a child in
 2297  need of services to be placed in shelter for up to 35 days.
 2298         (b)After other alternative, less restrictive, remedies
 2299  have been exhausted, the child may be placed in shelter for up
 2300  to 90 days if:
 2301         1.(a) The child’s parent, legal guardian, or legal
 2302  custodian refuses to provide food, clothing, shelter, and
 2303  necessary parental support for the child and the refusal is a
 2304  direct result of an established pattern of significant
 2305  disruptive behavior of the child in the home of the parent,
 2306  legal guardian, or legal custodian;
 2307         2.(b) The child refuses to remain under the reasonable care
 2308  and custody of the his or her parent, legal guardian, or legal
 2309  custodian, as evidenced by repeatedly running away and failing
 2310  to comply with a court order; or
 2311         3.(c) The child has failed to successfully complete an
 2312  alternative treatment program or to comply with a court-ordered
 2313  services sanction and the child has been placed in a shelter
 2314  residential program on at least one prior occasion pursuant to a
 2315  court order after the child has been adjudicated a child in need
 2316  of services under this chapter.
 2317         (4)The court shall review the child’s 90-day shelter
 2318  placement within 45 days after the child’s placement and
 2319  determine whether continued shelter is deemed necessary. The
 2320  court shall also determine whether the parent, legal guardian,
 2321  or custodian has reasonably participated in the child’s
 2322  counseling and treatment program, and is following the
 2323  recommendations of the program to work toward reunification. The
 2324  court shall also determine whether the department’s
 2325  reunification efforts have been reasonable. If the court finds
 2326  an inadequate level of support or participation by the parent,
 2327  legal guardian, or custodian before the end of the shelter
 2328  commitment period, the court shall direct that the child be
 2329  handled in every respect as a dependent child. Jurisdiction
 2330  shall be transferred to the Department of Children and Families,
 2331  and the child’s care shall be governed under the relevant
 2332  provisions of chapter 39. The department shall notify and
 2333  coordinate with the Department of Children and Families for the
 2334  transfer of jurisdiction. The clerk of court shall serve the
 2335  Department of Children and Families with any court order of
 2336  referral.
 2337         (2)This section applies after other alternative, less
 2338  restrictive remedies have been exhausted. The court may order
 2339  that a child be placed in a staff-secure shelter. The
 2340  department, or an authorized representative of the department,
 2341  must verify to the court that a bed is available for the child.
 2342  If the department or an authorized representative of the
 2343  department verifies that a bed is not available, the department
 2344  will place the child’s name on a waiting list. The child who has
 2345  been on the waiting list the longest will get the next available
 2346  bed.
 2347         (3)The court shall order the parent, guardian, or legal
 2348  custodian to cooperate with efforts to reunite the child with
 2349  the family, participate in counseling, and pay all costs
 2350  associated with the care and counseling provided to the child
 2351  and family, in accordance with the family’s ability to pay as
 2352  determined by the court. Commitment of a child under this
 2353  section is designed to provide residential care on a temporary
 2354  basis. Such commitment does not abrogate the legal
 2355  responsibilities of the parent, guardian, or legal custodian
 2356  with respect to the child, except to the extent that those
 2357  responsibilities are temporarily altered by court order.
 2358         (4)While a child is in a staff-secure shelter, the child
 2359  shall receive education commensurate with his or her grade level
 2360  and educational ability.
 2361         (5) If a child has not been reunited with his or her
 2362  parent, legal guardian, or legal custodian at the expiration of
 2363  the 90-day commitment period, the court may order that the child
 2364  remain in the staff-secure shelter for an additional 30 days if
 2365  the court finds that reunification could be achieved within that
 2366  period.
 2367         (6) The department is deemed to have exhausted the
 2368  reasonable remedies offered under this chapter if, at the end of
 2369  the 90-day shelter commitment period, the parent, legal
 2370  guardian, or legal custodian continues to refuse to allow the
 2371  child to remain at home or creates unreasonable conditions for
 2372  the child’s return. If, at the end of the 90-day shelter
 2373  commitment period, the child is not reunited with his or her
 2374  parent, legal guardian, or custodian due solely to the continued
 2375  refusal of the parent, legal guardian, or custodian to provide
 2376  food, clothing, shelter, and parental support, the child is
 2377  considered to be threatened with harm as a result of such acts
 2378  or omissions, and the court shall direct that the child be
 2379  handled in every respect as a dependent child. Jurisdiction
 2380  shall be transferred to the custody of the Department of
 2381  Children and Families, and the child’s care shall be governed
 2382  under the relevant provisions of chapter 39. The department
 2383  shall coordinate with the Department of Children and Families as
 2384  provided in s. 984.086. The clerk of court shall serve the
 2385  Department of Children and Families with any court order of
 2386  referral.
 2387         (7)The court shall review the child’s commitment once
 2388  every 45 days as provided in s. 984.20. The court shall
 2389  determine whether the parent, guardian, or custodian has
 2390  reasonably participated in and financially contributed to the
 2391  child’s counseling and treatment program. The court shall also
 2392  determine whether the department’s efforts to reunite the family
 2393  have been reasonable. If the court finds an inadequate level of
 2394  support or participation by the parent, guardian, or custodian
 2395  prior to the end of the commitment period, the court shall
 2396  direct that the child be handled in every respect as a dependent
 2397  child. Jurisdiction shall be transferred to the Department of
 2398  Children and Families, and the child’s care shall be governed
 2399  under the relevant provisions of chapter 39.
 2400         (6)(8) If the child requires residential mental health
 2401  treatment or residential care for a developmental disability,
 2402  the court shall order refer the child transferred to the custody
 2403  of the Agency for Persons with Disabilities or to the Department
 2404  of Children and Families for the provision of necessary
 2405  services. The clerk of court shall serve the Agency for Persons
 2406  with Disabilities or the Department of Children and Families
 2407  with any court order of referral.
 2408         Section 27. Section 984.226, Florida Statutes, is amended
 2409  to read:
 2410         984.226 Physically secure shelter setting.—
 2411         (1) Subject to specific legislative appropriation, the
 2412  department of Juvenile Justice shall establish or contract for
 2413  physically secure shelters settings designated exclusively for
 2414  the placement of children in need of services who meet the
 2415  criteria provided in this section.
 2416         (2)When a petition is filed alleging that a child is a
 2417  child in need of services, the child must be represented by
 2418  counsel at each court appearance unless the record in that
 2419  proceeding affirmatively demonstrates by clear and convincing
 2420  evidence that the child knowingly and intelligently waived the
 2421  right to counsel after being fully advised by the court of the
 2422  nature of the proceedings and the dispositional alternatives
 2423  available to the court under this section. If the court decides
 2424  to appoint counsel for the child and if the child is indigent,
 2425  the court shall appoint an attorney to represent the child as
 2426  provided under s. 985.033. Nothing precludes the court from
 2427  requesting reimbursement of attorney’s fees and costs from the
 2428  nonindigent parent or legal guardian.
 2429         (2)(3) When a child is adjudicated as a child in need of
 2430  services by a court and all other less restrictive placements
 2431  have been exhausted, the court may order the child to be placed
 2432  in a physically secure shelter setting authorized in this
 2433  section if the child has:
 2434         (a) Failed to appear for placement in a staff-secure
 2435  shelter for up to 90 days as ordered under s. 984.225, or failed
 2436  to comply with any other provision of a valid court order
 2437  relating to such placement and, as a result of such failure, has
 2438  been found to be in direct or indirect contempt of court; or
 2439         (b) Run away from a 90-day staff-secure shelter following
 2440  placement under s. 984.225 or s. 984.09.
 2441  
 2442  The department or an authorized agent representative of the
 2443  department must verify to the court that a bed is available for
 2444  the child in a physically secure shelter. If a bed is not
 2445  available in a physically secure shelter, the court must stay
 2446  the placement until such a bed is available, and the department
 2447  must place the child’s name on a waiting list. The child who has
 2448  been on the waiting list the longest has first priority for
 2449  placement in the physically secure shelter. Physically secure
 2450  shelter placement may only be used when the child cannot receive
 2451  appropriate and available services due to the child running away
 2452  or refusing to cooperate with attempts to provide services in
 2453  other less restrictive placements setting.
 2454         (3)(4) A child may be placed in a physically secure shelter
 2455  setting for up to 90 days by order of the court. If a child has
 2456  not been reunited with his or her parent, guardian, or legal
 2457  custodian at the expiration of the placement in a physically
 2458  secure shelter setting, the court may order that the child
 2459  remain in the physically secure shelter setting for an
 2460  additional 30 days if the court finds that reunification could
 2461  be achieved within that period.
 2462         (4)(5)(a) The court shall review the child’s placement once
 2463  within every 45 days to determine whether the child can be
 2464  returned home with the provision of ongoing services as provided
 2465  in s. 984.20.
 2466         (b) At any time during the placement of a child in need of
 2467  services in a physically secure shelter setting, the department
 2468  or an authorized agent representative of the department may
 2469  submit to the court a report that recommends:
 2470         1. That the child has received all of the services
 2471  available from the physically secure shelter setting and is
 2472  ready for reunification with a parent or guardian; or
 2473         2. That the child is unlikely to benefit from continued
 2474  placement in the physically secure shelter setting and is more
 2475  likely to have his or her needs met in a different type of
 2476  placement. The court may order that the child be transitioned
 2477  from a physically secure shelter to a shelter placement as
 2478  provided in s. 984.225 upon a finding that the physically secure
 2479  shelter is no longer necessary for the child’s safety and to
 2480  provide needed services.
 2481         (c) The court shall determine if the parent, legal
 2482  guardian, or custodian has reasonably participated in and has
 2483  financially contributed to or participated in the child’s
 2484  counseling and treatment program.
 2485         (d) If the court finds an inadequate level of support or
 2486  participation by the parent, legal guardian, or custodian before
 2487  the end of the placement, the court shall direct that the child
 2488  be handled as a dependent child, jurisdiction shall be
 2489  transferred to the Department of Children and Families, and the
 2490  child’s care shall be governed by chapter 39. The department
 2491  shall notify and coordinate with the Department of Children and
 2492  Families for provision of services to the child. The clerk of
 2493  court shall serve the Department of Children and Families with
 2494  any court order of referral.
 2495         (e) If the child requires long-term residential mental
 2496  health treatment or residential care for a developmental
 2497  disability, the court shall transfer custody of refer the child
 2498  to the Department of Children and Families or the Agency for
 2499  Persons with Disabilities for the provision of necessary
 2500  services. The clerk of court shall serve the Agency for Persons
 2501  with Disabilities or the Department of Children and Families
 2502  with any court order of referral.
 2503         (5)(6) Prior to being ordered to a physically secure
 2504  shelter setting, the child must be afforded all rights of due
 2505  process required under s. 984.07 985.037.
 2506         (6) While in the physically secure shelter setting, the
 2507  child shall receive appropriate assessment, intervention,
 2508  treatment, and educational services that are designed to
 2509  eliminate or reduce the child’s truant, ungovernable, or runaway
 2510  behavior. The child and family shall be provided with individual
 2511  and family counseling and other support services necessary for
 2512  reunification.
 2513         (7) The court shall order the parent, legal guardian, or
 2514  legal custodian to cooperate with efforts to reunite the child
 2515  with the family, participate in counseling, and pay all costs
 2516  associated with the care and counseling provided to the child
 2517  and family, in accordance with the child’s insurance and the
 2518  family’s ability to pay as determined by the court. Placement of
 2519  a child under this section is designed to provide residential
 2520  care on a temporary basis. Such placement does not abrogate the
 2521  legal responsibilities of the parent, legal guardian, or legal
 2522  custodian with respect to the child, except to the extent that
 2523  those responsibilities are temporarily altered by court order.
 2524         Section 28. Section 985.731, Florida Statutes, is
 2525  transferred and renumbered as section 787.035, Florida Statutes.
 2526         Section 29. Subsection (9) of section 985.03, Florida
 2527  Statutes, is amended to read:
 2528         985.03 Definitions.—As used in this chapter, the term:
 2529         (9) “Child who has been found to have committed a
 2530  delinquent act” means a child who, under this chapter, is found
 2531  by a court to have committed a violation of law or to be in
 2532  direct or indirect contempt of court, except that this
 2533  definition does not include an act constituting contempt of
 2534  court arising out of a dependency proceeding under chapter 39 or
 2535  chapter 984 or a proceeding concerning a child or family in need
 2536  of services.
 2537         Section 30. Subsection (4) of section 985.24, Florida
 2538  Statutes, is amended to read:
 2539         985.24 Use of detention; prohibitions.—
 2540         (4) A child who is alleged to be dependent under chapter
 2541  39, or any child subject to proceedings under chapter 984, but
 2542  who is not alleged to have committed a delinquent act or
 2543  violation of law, may not, under any circumstances, be placed
 2544  into secure detention care.
 2545         Section 31. Section 1003.26, Florida Statutes, is amended
 2546  to read:
 2547         1003.26 Enforcement of school attendance.—The Legislature
 2548  finds that poor academic performance is associated with
 2549  nonattendance and that school districts must take an active role
 2550  in promoting and enforcing attendance as a means of improving
 2551  student performance. It is the policy of the state that each
 2552  district school superintendent be responsible for enforcing
 2553  school attendance of all students subject to the compulsory
 2554  school age in the school district and supporting enforcement of
 2555  school attendance by local law enforcement agencies. The
 2556  responsibility includes recommending policies and procedures to
 2557  the district school board that require public schools to respond
 2558  in a timely manner to every unexcused absence, and every absence
 2559  for which the reason is unknown, of students enrolled in the
 2560  schools. District school board policies shall require the parent
 2561  of a student to justify each absence of the student, and that
 2562  justification will be evaluated based on adopted district school
 2563  board policies that define excused and unexcused absences. The
 2564  policies must provide that public schools track excused and
 2565  unexcused absences and contact the home in the case of an
 2566  unexcused absence from school, or an absence from school for
 2567  which the reason is unknown, to prevent the development of
 2568  patterns of nonattendance. The Legislature finds that early
 2569  intervention in school attendance is the most effective way of
 2570  producing good attendance habits that will lead to improved
 2571  student learning and achievement. Each public school is required
 2572  to shall implement the following steps to promote and enforce
 2573  regular school attendance:
 2574         (1) CONTACT, REFER, AND ENFORCE.—
 2575         (a) Upon each unexcused absence, or absence for which the
 2576  reason is unknown, the school principal or his or her designee
 2577  must shall contact the student’s parent to determine the reason
 2578  for the absence. If the absence is an excused absence, as
 2579  defined by district school board policy, the school shall
 2580  provide opportunities for the student to make up assigned work
 2581  and not receive an academic penalty unless the work is not made
 2582  up within a reasonable time.
 2583         (b) If a student has had at least five unexcused absences,
 2584  or absences for which the reasons are unknown, within a calendar
 2585  month or 10 unexcused absences, or absences for which the
 2586  reasons are unknown, within a 90-calendar-day period, the
 2587  student’s primary teacher must shall report to the school
 2588  principal or his or her designee that the student may be
 2589  exhibiting a pattern of nonattendance. The principal shall,
 2590  Unless there is clear evidence that the absences are not a
 2591  pattern of nonattendance, the principal must refer the case to
 2592  the school’s child study team to determine if early patterns of
 2593  truancy are developing. If the child study team finds that a
 2594  pattern of nonattendance is developing, whether the absences are
 2595  excused or not, a meeting with the parent must be scheduled to
 2596  identify potential remedies, and the principal must shall notify
 2597  the district school superintendent and the school district
 2598  contact for home education programs that the referred student is
 2599  exhibiting a pattern of nonattendance. The child study team may
 2600  allow the parent to attend the meeting virtually or by telephone
 2601  if the parent is unable to attend the meeting in person.
 2602         (c) If the parent or child fails to attend the child study
 2603  team meeting, the meeting shall be held in his or her absence,
 2604  and the child study team shall make written recommendations to
 2605  remediate the truancy based upon the information available to
 2606  the school. The recommendations shall be provided to the parent
 2607  within 7 days after the child study team meeting. If the an
 2608  initial meeting does not resolve the problem, the child study
 2609  team shall implement the following:
 2610         1. Frequent attempts at communication between the teacher
 2611  and the family.
 2612         2.Attempt to determine the reasons the child is truant
 2613  from school and provide remedies if available or refer the
 2614  family to services, including referring the family for available
 2615  scholarship options if the learning environment is an issue of
 2616  concern.
 2617         3.2. Evaluation for alternative education programs.
 2618         4.3. Attendance contracts.
 2619  
 2620  The child study team may, but is not required to, implement
 2621  other interventions, including referral to the Department of
 2622  Juvenile Justice’s designated provider for voluntary family
 2623  services, or to other agencies for family services or recommend
 2624  recommendation for filing a truancy petition pursuant to s.
 2625  984.151.
 2626         (d) The child study team must shall be diligent in
 2627  facilitating intervention services and shall report the case to
 2628  the district school superintendent only when all reasonable
 2629  efforts to resolve the nonattendance behavior are exhausted.
 2630         (e) If the parent refuses to participate in the remedial
 2631  strategies because he or she believes that those strategies are
 2632  unnecessary or inappropriate, the parent may appeal to the
 2633  district school board. The district school board may provide a
 2634  hearing officer, and the hearing officer shall make a
 2635  recommendation for final action to the district school board. If
 2636  the district school board’s final determination is that the
 2637  strategies of the child study team are appropriate, and the
 2638  parent still refuses to participate or cooperate, the district
 2639  school superintendent may seek criminal prosecution for
 2640  noncompliance with compulsory school attendance.
 2641         (f)1. If the parent of a child who has been identified as
 2642  exhibiting a pattern of nonattendance enrolls the child in a
 2643  home education program pursuant to chapter 1002, the district
 2644  school superintendent shall provide the parent a copy of s.
 2645  1002.41 and the accountability requirements of this paragraph.
 2646  The district school superintendent shall also refer the parent
 2647  to a home education review committee composed of the district
 2648  contact for home education programs and at least two home
 2649  educators selected by the parent from a district list of all
 2650  home educators who have conducted a home education program for
 2651  at least 3 years and who have indicated a willingness to serve
 2652  on the committee. The home education review committee shall
 2653  review the portfolio of the student, as defined by s. 1002.41,
 2654  every 30 days during the district’s regular school terms until
 2655  the committee is satisfied that the home education program is in
 2656  compliance with s. 1002.41(1)(d). The first portfolio review
 2657  must occur within the first 30 calendar days after of the
 2658  establishment of the program. The provisions of subparagraph 2.
 2659  do not apply once the committee determines the home education
 2660  program is in compliance with s. 1002.41(1)(d).
 2661         2. If the parent fails to provide a portfolio to the
 2662  committee, the committee shall notify the district school
 2663  superintendent. The district school superintendent shall then
 2664  terminate the home education program and require the parent to
 2665  enroll the child in an attendance option that meets the
 2666  definition of the term “regular school attendance” under s.
 2667  1003.01(16)(a), (b), (c), or (e), within 3 days. Upon
 2668  termination of a home education program pursuant to this
 2669  subparagraph, the parent shall not be eligible to reenroll the
 2670  child in a home education program for 180 calendar days. Failure
 2671  of a parent to enroll the child in an attendance option as
 2672  required by this subparagraph after termination of the home
 2673  education program pursuant to this subparagraph shall constitute
 2674  noncompliance with the compulsory attendance requirements of s.
 2675  1003.21 and may result in criminal prosecution under s.
 2676  1003.27(2). Nothing contained herein shall restrict the ability
 2677  of the district school superintendent, or the ability of his or
 2678  her designee, to review the portfolio pursuant to s.
 2679  1002.41(1)(e).
 2680         (g) If a student subject to compulsory school attendance
 2681  will not comply with attempts to enforce school attendance, the
 2682  parent or the district school superintendent or his or her
 2683  designee must shall refer the case to the Department of Juvenile
 2684  Justice’s authorized agent, which shall then offer voluntary
 2685  family services, and schedule a meeting of the case staffing
 2686  committee pursuant to s. 984.12 if the services do not remediate
 2687  the child’s truancy, and the district school superintendent or
 2688  his or her designee may file a truancy petition pursuant to the
 2689  procedures in s. 984.151.
 2690         (h)If a student subject to compulsory school attendance is
 2691  responsive to the interventions described in this section and
 2692  has completed the necessary requirements to pass the current
 2693  grade as indicated in the district pupil progression plan, the
 2694  student may not be determined to be a habitual truant and shall
 2695  be promoted.
 2696         (2) GIVE WRITTEN NOTICE.—
 2697         (a) Under the direction of the district school
 2698  superintendent, a designated school representative must provide
 2699  shall give written notice in person or by return-receipt mail to
 2700  the parent, requiring the child’s that requires enrollment or
 2701  attendance within 3 days after the date of notice, in person or
 2702  by return-receipt mail, to the parent when no valid reason is
 2703  found for a student’s nonenrollment in school if the child is
 2704  under compulsory education requirements, and is not exempt. If
 2705  the child is not enrolled or in attendance in school within 3
 2706  days after the notice being provided and requirement are
 2707  ignored, the designated school representative must shall report
 2708  the case to the district school superintendent, who must may
 2709  refer the case to the child study team in paragraph (1)(b) at
 2710  the school the student would be assigned according to district
 2711  school board attendance area policies. In addition, the
 2712  designated school representative may refer the case to the
 2713  Department of Juvenile Justice’s authorized agent for families
 2714  in need of services or to the case staffing committee,
 2715  established pursuant to s. 984.12. The child study team must
 2716  shall diligently facilitate intervention services and shall
 2717  report the case back to the district school superintendent
 2718  within 15 days after referral of the case if only when all
 2719  reasonable efforts to resolve the nonenrollment behavior have
 2720  been made and the child is still not attending school are
 2721  exhausted. If the parent still refuses to cooperate or enroll
 2722  the child in school within 15 days after referral of the case to
 2723  the child study team, the district school superintendent must
 2724  make a report to law enforcement and refer the case to the
 2725  Office of the State Attorney shall take such steps as are
 2726  necessary to bring criminal prosecution against the parent.
 2727         (b) Subsequent to referring the case to the Office of the
 2728  State Attorney the activities required under subsection (1), the
 2729  district school superintendent or his or her designee must shall
 2730  give written notice in person or by return-receipt mail to the
 2731  parent that criminal prosecution is being sought for
 2732  nonattendance. The district school superintendent may file a
 2733  truancy petition, as defined in s. 984.03, following the
 2734  procedures outlined in s. 984.151.
 2735         (3) RETURN STUDENT TO PARENT.— A designated school
 2736  representative may visit the home or place of residence of a
 2737  student and any other place in which he or she is likely to find
 2738  any student who is required to attend school when the student is
 2739  not enrolled or is absent from school during school hours
 2740  without an excuse, and, when the student is found, shall return
 2741  the student to his or her parent or to the principal or teacher
 2742  in charge of the school, or to the private tutor from whom
 2743  absent. If the parent cannot be located or is unavailable to
 2744  take custody of the child, and the child is not to be presented
 2745  to the child’s school or tutor, the youth shall be referred to
 2746  the Department of Juvenile Justice’s shelter, to another
 2747  facility, or to the juvenile assessment center or other location
 2748  established by the district school board to receive students who
 2749  are absent from school. Upon receipt of the student, the parent
 2750  shall be immediately notified.
 2751         (4) REPORT TO APPROPRIATE AUTHORITY.—A designated school
 2752  representative shall report to the appropriate authority
 2753  designated by law to receive such notices, all violations of the
 2754  Child Labor Law that may come to his or her knowledge.
 2755         (5) RIGHT TO INSPECT.—A designated school representative
 2756  shall have the right of access to, and inspection of,
 2757  establishments where minors may be employed or detained only for
 2758  the purpose of ascertaining whether students of compulsory
 2759  school age are actually employed there and are actually working
 2760  there regularly. The designated school representative shall, if
 2761  he or she finds unsatisfactory working conditions or violations
 2762  of the Child Labor Law, report his or her findings to the
 2763  appropriate authority.
 2764         Section 32. Subsections (2), (3), (4), (6), and (7) of
 2765  section 1003.27, Florida Statutes, are amended to read:
 2766         1003.27 Court procedure and penalties.—The court procedure
 2767  and penalties for the enforcement of the provisions of this
 2768  part, relating to compulsory school attendance, shall be as
 2769  follows:
 2770         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
 2771         (a) In each case of nonenrollment or of nonattendance upon
 2772  the part of a student who is required to attend some school,
 2773  when no valid reason for such nonenrollment or nonattendance is
 2774  found, The district school superintendent shall institute a
 2775  criminal prosecution against the student’s parent, in each case
 2776  of nonenrollment or of nonattendance of a student who is
 2777  required to attend school, when no valid reason for the
 2778  nonenrollment or nonattendance is found. However, Criminal
 2779  prosecution may not be instituted against the student’s parent
 2780  until the school and school district have complied with s.
 2781  1003.26.
 2782         (b) Each public school principal or the principal’s
 2783  designee must shall notify the district school board of each
 2784  minor student under its jurisdiction who accumulates 15
 2785  unexcused absences in a period of 90 calendar days. Reports
 2786  shall be made to the district school board at the end of each
 2787  school quarter. The calculation of 15 absences within 90 days
 2788  are determined based on calendar days and are not limited to the
 2789  span of one school quarter during which the nonattendance begins
 2790  or ends. The district school board shall verify the schools
 2791  reporting 15 or more unexcused absences within a 90-day period
 2792  have complied with the requirements of remediating truancy at
 2793  the school level or pursuing appropriate court intervention as
 2794  provided in this section. Any school not meeting the
 2795  requirements in this paragraph shall provide a remedial action
 2796  plan to the school board within 30 days, and follow up within 90
 2797  days to confirm all truancy cases have been addressed either
 2798  through the child’s enrollment and regular attendance or
 2799  referral of the case to the appropriate court or agency to
 2800  pursue court intervention.
 2801         (c) The district school superintendent must provide the
 2802  Department of Highway Safety and Motor Vehicles the legal name,
 2803  sex, date of birth, and social security number of each minor
 2804  student who has been reported under this paragraph and who fails
 2805  to otherwise satisfy the requirements of s. 322.091. The
 2806  Department of Highway Safety and Motor Vehicles may not issue a
 2807  driver license or learner’s driver license to, and shall suspend
 2808  any previously issued driver license or learner’s driver license
 2809  of, any such minor student, pursuant to the provisions of s.
 2810  322.091.
 2811         (d)(c) Each designee of the governing body of each private
 2812  school and each parent whose child is enrolled in a home
 2813  education program or personalized education program may provide
 2814  the Department of Highway Safety and Motor Vehicles with the
 2815  legal name, sex, date of birth, and social security number of
 2816  each minor student under his or her jurisdiction who fails to
 2817  satisfy relevant attendance requirements and who fails to
 2818  otherwise satisfy the requirements of s. 322.091. The Department
 2819  of Highway Safety and Motor Vehicles may not issue a driver
 2820  license or learner’s driver license to, and shall suspend any
 2821  previously issued driver license or learner’s driver license of,
 2822  any such minor student pursuant to s. 322.091.
 2823         (3) HABITUAL TRUANCY CASES.— The district school
 2824  superintendent may is authorized to file a truancy petition
 2825  seeking early truancy intervention, as defined in s. 984.03,
 2826  following the procedures outlined in s. 984.151. If the district
 2827  school superintendent chooses not to file a truancy petition,
 2828  the case must be referred to the Department of Juvenile
 2829  Justice’s authorized agent for families in need of services. The
 2830  procedures for filing a child in need of services child-in-need
 2831  of-services petition must shall be commenced pursuant to this
 2832  subsection and chapter 984 if voluntary family services do not
 2833  remediate the child’s truancy. The. In accordance with
 2834  procedures established by the district school board, the
 2835  designated school representative must shall refer a student who
 2836  is a habitual habitually truant and the student’s family to the
 2837  Department of Juvenile Justice’s designated children in need of
 2838  services provider for provision of voluntary services, and may
 2839  refer the case to children-in-need-of-services and families-in
 2840  need-of-services provider or the case staffing committee,
 2841  established pursuant to s. 984.12, following the referral
 2842  process established by the cooperative interagency agreement as
 2843  determined by the cooperative agreement required in this
 2844  section. The case staffing committee may request the Department
 2845  of Juvenile Justice or its designee to file a petition for child
 2846  in need of services child-in-need-of-services petition based
 2847  upon the report and efforts of the district school board or
 2848  other community agency, and early truancy intervention by the
 2849  circuit court, after review and an initial meeting, or may seek
 2850  to resolve the truant behavior through the school or community
 2851  based organizations or other state or local agencies. Prior to
 2852  and subsequent to the filing of a child-in-need-of-services
 2853  petition for a child in need of services due to habitual
 2854  truancy, the appropriate governmental agencies must allow a
 2855  reasonable time to complete actions required by this section and
 2856  ss. 984.11 and s. 1003.26 to remedy the conditions leading to
 2857  the truant behavior. Prior to the filing of a petition, the
 2858  district school board must have complied with the requirements
 2859  of s. 1003.26, and those efforts must have been unsuccessful.
 2860         (4) COOPERATIVE AGREEMENTS.—The circuit manager of the
 2861  Department of Juvenile Justice’s authorized agent Justice or his
 2862  or her designee, the circuit manager’s designee, the district
 2863  administrator of the Department of Children and Families or the
 2864  district administrator’s designee, and the district school
 2865  superintendent or his or her the superintendent’s designee must
 2866  develop a cooperative interagency agreement that:
 2867         (a) Clearly defines each department’s role, responsibility,
 2868  and function in working with habitual truants and their
 2869  families.
 2870         (b) Identifies and implements measures to quickly resolve
 2871  and reduce truant behavior.
 2872         (c) Addresses issues of streamlining service delivery, the
 2873  appropriateness of legal intervention, case management, the role
 2874  and responsibility of the case staffing committee, student and
 2875  parental intervention and involvement, and community action
 2876  plans.
 2877         (d) Delineates timeframes for implementation and identifies
 2878  a mechanism for reporting results by the Department of Juvenile
 2879  Justice or its authorized agent circuit juvenile justice manager
 2880  or the circuit manager’s designee and the district school
 2881  superintendent or the superintendent’s designee to the
 2882  Department of Juvenile Justice and the Department of Education
 2883  and other governmental entities as needed.
 2884         (e) Designates which agency is responsible for each of the
 2885  intervention steps in this section, to yield more effective and
 2886  efficient intervention services.
 2887         (6) PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN.
 2888  Proceedings or prosecutions under this chapter may be commenced
 2889  by the district school superintendent or his or her designee, by
 2890  a designated school representative, by the probation officer of
 2891  the county, by the executive officer of any court of competent
 2892  jurisdiction, by an officer of any court of competent
 2893  jurisdiction, or by a duly authorized agent of the Department of
 2894  Education or the Department of Juvenile Justice, by a parent, or
 2895  in the case of a criminal prosecution, by the Office of the
 2896  State Attorney. If a proceeding has been commenced against both
 2897  a parent and a child pursuant to this chapter, the presiding
 2898  courts shall make every effort to coordinate services or
 2899  sanctions against the child and parent, including ordering the
 2900  child and parent to perform community service hours or attend
 2901  counseling together.
 2902         (7) PENALTIES.—The penalties for refusing or failing to
 2903  comply with this chapter shall be as follows:
 2904         (a) The parent.—
 2905         1. A parent who refuses or fails to have a minor student
 2906  who is under his or her control attend school regularly, or who
 2907  refuses or fails to comply with the requirements in subsection
 2908  (3), commits a misdemeanor of the second degree, punishable as
 2909  provided in s. 775.082 or s. 775.083.
 2910         2. The continued or habitual absence of a minor student
 2911  without the consent of the principal or teacher in charge of the
 2912  school he or she attends or should attend, or of the tutor who
 2913  instructs or should instruct him or her, is prima facie evidence
 2914  of a violation of this chapter; however, a showing that the
 2915  parent has made a bona fide and diligent effort to control and
 2916  keep the student in school shall be an affirmative defense to
 2917  any criminal or other liability under this subsection and the
 2918  court shall refer the parent and child for counseling, guidance,
 2919  or other needed services.
 2920         3. In addition to any other sanctions authorized under s.
 2921  984.151 punishment, the court shall order a parent who has
 2922  violated this section to send the minor student to school, and
 2923  may also order the parent to participate in an approved parent
 2924  training class, attend school with the student unless this would
 2925  cause undue hardship or is prohibited by rules or policy of the
 2926  school board, perform community service hours at the school, or
 2927  participate in counseling or other services, as appropriate. If
 2928  a parent is ordered to attend school with a student, the school
 2929  shall provide for programming to educate the parent and student
 2930  on the importance of school attendance. It shall be unlawful to
 2931  terminate any employee solely because he or she is attending
 2932  school with his or her child pursuant to a court order.
 2933         (b) The principal or teacher.—A principal or teacher in any
 2934  public, parochial, religious, denominational, or private school,
 2935  or a private tutor who willfully violates any provision of this
 2936  chapter may, upon satisfactory proof of such violation, have his
 2937  or her certificate revoked by the Department of Education.
 2938         (c) The employer.—
 2939         1. An employer who fails to notify the district school
 2940  superintendent when he or she ceases to employ a student commits
 2941  a misdemeanor of the second degree, punishable as provided in s.
 2942  775.082 or s. 775.083.
 2943         2. An employer who terminates any employee solely because
 2944  he or she is attending school with a student pursuant to court
 2945  order commits a misdemeanor of the second degree, punishable as
 2946  provided in s. 775.082 or s. 775.083.
 2947         (d) The student.—
 2948         1. In addition to any other sanctions authorized under s.
 2949  984.151 sanctions, the court shall order a student found to be a
 2950  habitual truant to make up all school work missed and attend
 2951  school daily with no unexcused absences or tardiness, and may
 2952  order the child to and may order the student to pay a civil
 2953  penalty of up to $2, based on the student’s ability to pay, for
 2954  each day of school missed, perform up to 25 community service
 2955  hours at the school, or participate in counseling or other
 2956  services, as appropriate.
 2957         2.Upon a second or subsequent finding that a student is a
 2958  habitual truant, the court, in addition to any other authorized
 2959  sanctions, shall order the student to make up all school work
 2960  missed and may order the student to pay a civil penalty of up to
 2961  $5, based on the student’s ability to pay, for each day of
 2962  school missed, perform up to 50 community service hours at the
 2963  school, or participate in counseling or other services, as
 2964  appropriate.
 2965         Section 33. Paragraph (g) is added to subsection (7) of
 2966  section 381.02035, Florida Statutes, to read:
 2967         381.02035 Canadian Prescription Drug Importation Program.—
 2968         (7) ELIGIBLE IMPORTERS.—The following entities may import
 2969  prescription drugs from an eligible Canadian supplier under the
 2970  program:
 2971         (g)A pharmacist or wholesaler employed by or under
 2972  contract with the Department of Juvenile Justice, for dispensing
 2973  to juveniles in the custody of the Department of Juvenile
 2974  Justice.
 2975         Section 34. Paragraph (a) of subsection (5) of section
 2976  790.22, Florida Statutes, is amended to read:
 2977         790.22 Use of BB guns, air or gas-operated guns, or
 2978  electric weapons or devices by minor under 16; limitation;
 2979  possession of firearms by minor under 18 prohibited; penalties.—
 2980         (5)(a) A minor who violates subsection (3):
 2981         1. For a first offense, commits a misdemeanor of the first
 2982  degree; shall serve a period of detention of up to 5 days in a
 2983  secure detention facility, with credit for time served in secure
 2984  detention prior to disposition; and shall be required to perform
 2985  100 hours of community service or paid work as determined by the
 2986  department.
 2987         2. For a second or subsequent offense, commits a felony of
 2988  the third degree. For a second offense, the minor shall serve a
 2989  period of detention of up to 21 days in a secure detention
 2990  facility, with credit for time served in secure detention prior
 2991  to disposition, and shall be required to perform not less than
 2992  100 nor more than 250 hours of community service or paid work as
 2993  determined by the department. For a third or subsequent offense,
 2994  the minor shall be adjudicated delinquent and committed to a
 2995  residential program. A finding by a court that a minor committed
 2996  a violation of this section, regardless of whether the court
 2997  adjudicates the minor delinquent or withholds adjudication of
 2998  delinquency, withhold of adjudication of delinquency shall be
 2999  considered a prior offense for the purpose of determining a
 3000  second, third, or subsequent offense.
 3001  
 3002  For the purposes of this subsection, community service shall be
 3003  performed, if possible, in a manner involving a hospital
 3004  emergency room or other medical environment that deals on a
 3005  regular basis with trauma patients and gunshot wounds.
 3006         Section 35. Paragraph (a) of subsection (2) of section
 3007  985.12, Florida Statutes, is amended to read:
 3008         985.12 Prearrest delinquency citation programs.—
 3009         (2) JUDICIAL CIRCUIT DELINQUENCY CITATION PROGRAM
 3010  DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
 3011         (a) A prearrest delinquency citation program for
 3012  misdemeanor offenses shall be established in each judicial
 3013  circuit in the state. The state attorney and public defender of
 3014  each circuit, the clerk of the court for each county in the
 3015  circuit, and representatives of participating law enforcement
 3016  agencies in the circuit shall create a prearrest delinquency
 3017  citation program and develop its policies and procedures. In
 3018  developing the program’s policies and procedures, input from
 3019  other interested stakeholders may be solicited. The department
 3020  shall annually develop and provide guidelines on best practice
 3021  models for prearrest delinquency citation programs to the
 3022  judicial circuits as a resource.
 3023         Section 36. Subsection (5) of section 985.126, Florida
 3024  Statutes, is amended to read:
 3025         985.126 Prearrest and postarrest diversion programs; data
 3026  collection; denial of participation or expunged record.—
 3027         (5) The department shall provide a quarterly report to be
 3028  published on its website and distributed to the Governor,
 3029  President of the Senate, and Speaker of the House of
 3030  Representatives listing the entities that use prearrest
 3031  delinquency citations for less than 80 70 percent of first-time
 3032  misdemeanor offenses.
 3033         Section 37. Paragraph (c) of subsection (1) of section
 3034  985.25, Florida Statutes, is amended to read:
 3035         985.25 Detention intake.—
 3036         (1) The department shall receive custody of a child who has
 3037  been taken into custody from the law enforcement agency or court
 3038  and shall review the facts in the law enforcement report or
 3039  probable cause affidavit and make such further inquiry as may be
 3040  necessary to determine whether detention care is appropriate.
 3041         (c) If the final score on the child’s risk assessment
 3042  instrument indicates detention care is appropriate, but the
 3043  department otherwise determines the child should be released,
 3044  the department shall contact the state attorney, who may
 3045  authorize release. If the final score on the child’s risk
 3046  assessment instrument indicates release or supervised release is
 3047  appropriate, but the department otherwise determines that there
 3048  should be supervised release or detention, the department shall
 3049  contact the state attorney, who may authorize an upward
 3050  departure. Notwithstanding any other provision of this
 3051  paragraph, a child may only be moved one category in either
 3052  direction within the risk assessment instrument and release is
 3053  not authorized if it would cause the child to be moved more than
 3054  one category.
 3055  
 3056  Under no circumstances shall the department or the state
 3057  attorney or law enforcement officer authorize the detention of
 3058  any child in a jail or other facility intended or used for the
 3059  detention of adults, without an order of the court.
 3060         Section 38. Paragraph (c) of subsection (7) of section
 3061  985.433, Florida Statutes, is amended to read:
 3062         985.433 Disposition hearings in delinquency cases.—When a
 3063  child has been found to have committed a delinquent act, the
 3064  following procedures shall be applicable to the disposition of
 3065  the case:
 3066         (7) If the court determines that the child should be
 3067  adjudicated as having committed a delinquent act and should be
 3068  committed to the department, such determination shall be in
 3069  writing or on the record of the hearing. The determination shall
 3070  include a specific finding of the reasons for the decision to
 3071  adjudicate and to commit the child to the department, including
 3072  any determination that the child was a member of a criminal
 3073  gang.
 3074         (c) The court may also require that the child be placed on
 3075  conditional release in a probation program following the child’s
 3076  discharge from commitment. Community-based sanctions under
 3077  subsection (8) may be imposed by the court at the disposition
 3078  hearing or at any time prior to the child’s release from
 3079  commitment.
 3080         Section 39. Section 985.625, Florida Statutes, is repealed.
 3081         Section 40. Subsection (4) of section 985.632, Florida
 3082  Statutes, is amended to read:
 3083         985.632 Quality improvement and cost-effectiveness;
 3084  Comprehensive Accountability Report.—
 3085         (4)COST-EFFECTIVENESS MODEL.—The department, in
 3086  consultation with the Office of Economic and Demographic
 3087  Research and contract service providers, shall develop a cost
 3088  effectiveness model and apply the model to each commitment
 3089  program.
 3090         (a)The cost-effectiveness model shall compare program
 3091  costs to expected and actual child recidivism rates. It is the
 3092  intent of the Legislature that continual development efforts
 3093  take place to improve the validity and reliability of the cost
 3094  effectiveness model.
 3095         (b)The department shall rank commitment programs based on
 3096  the cost-effectiveness model, performance measures, and
 3097  adherence to quality improvement standards and shall report this
 3098  data in the annual Comprehensive Accountability Report.
 3099         (c)Based on reports of the department on child outcomes
 3100  and program outputs and on the department’s most recent cost
 3101  effectiveness rankings, the department may terminate a program
 3102  operated by the department or a provider if the program has
 3103  failed to achieve a minimum standard of program effectiveness.
 3104  This paragraph does not preclude the department from terminating
 3105  a contract as provided under this section or as otherwise
 3106  provided by law or contract, and does not limit the department’s
 3107  authority to enter into or terminate a contract.
 3108         (d)In collaboration with the Office of Economic and
 3109  Demographic Research, and contract service providers, the
 3110  department shall develop a work plan to refine the cost
 3111  effectiveness model so that the model is consistent with the
 3112  performance-based program budgeting measures approved by the
 3113  Legislature to the extent the department deems appropriate. The
 3114  department shall notify the Office of Program Policy Analysis
 3115  and Government Accountability of any meetings to refine the
 3116  model.
 3117         (e)Contingent upon specific appropriation, the department,
 3118  in consultation with the Office of Economic and Demographic
 3119  Research, and contract service providers, shall:
 3120         1.Construct a profile of each commitment program that uses
 3121  the results of the quality improvement data portion of the
 3122  Comprehensive Accountability Report required by this section,
 3123  the cost-effectiveness data portion of the Comprehensive
 3124  Accountability Report required in this subsection, and other
 3125  reports available to the department.
 3126         2.Target, for a more comprehensive evaluation, any
 3127  commitment program that has achieved consistently high, low, or
 3128  disparate ratings in the reports required under subparagraph 1.
 3129  and target, for technical assistance, any commitment program
 3130  that has achieved low or disparate ratings in the reports
 3131  required under subparagraph 1.
 3132         3.Identify the essential factors that contribute to the
 3133  high, low, or disparate program ratings.
 3134         4.Use the results of these evaluations in developing or
 3135  refining juvenile justice programs or program models, child
 3136  outcomes and program outputs, provider contracts, quality
 3137  improvement standards, and the cost-effectiveness model.
 3138         Section 41. Subsection (8) of section 95.11, Florida
 3139  Statutes, is amended to read:
 3140         95.11 Limitations other than for the recovery of real
 3141  property.—Actions other than for recovery of real property shall
 3142  be commenced as follows:
 3143         (8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
 3144  on alleged abuse, as defined in s. 39.01 or, s. 415.102, or s.
 3145  984.03; incest, as defined in s. 826.04; or an action brought
 3146  pursuant to s. 787.061 may be commenced at any time within 7
 3147  years after the age of majority, or within 4 years after the
 3148  injured person leaves the dependency of the abuser, or within 4
 3149  years from the time of discovery by the injured party of both
 3150  the injury and the causal relationship between the injury and
 3151  the abuse, whichever occurs later.
 3152         Section 42. Subsection (1) of section 409.2564, Florida
 3153  Statutes, is amended to read:
 3154         409.2564 Actions for support.—
 3155         (1) In each case in which regular support payments are not
 3156  being made as provided herein, the department shall institute,
 3157  within 30 days after determination of the obligor’s reasonable
 3158  ability to pay, action as is necessary to secure the obligor’s
 3159  payment of current support, any arrearage that may have accrued
 3160  under an existing order of support, and, if a parenting time
 3161  plan was not incorporated into the existing order of support,
 3162  include either a signed, agreed-upon parenting time plan or a
 3163  signed Title IV-D Standard Parenting Time Plan, if appropriate.
 3164  The department shall notify the program attorney in the judicial
 3165  circuit in which the recipient resides setting forth the facts
 3166  in the case, including the obligor’s address, if known, and the
 3167  public assistance case number. Whenever applicable, the
 3168  procedures established under chapter 88, Uniform Interstate
 3169  Family Support Act, chapter 61, Dissolution of Marriage;
 3170  Support; Time-sharing, chapter 39, Proceedings Relating to
 3171  Children, chapter 984, Children and Families in Need of
 3172  Services; Prevention and Intervention for School Truancy and
 3173  Ungovernable and Runaway Children, and chapter 985, Delinquency;
 3174  Interstate Compact on Juveniles, may govern actions instituted
 3175  under this act, except that actions for support under chapter
 3176  39, chapter 984, or chapter 985 brought pursuant to this act
 3177  shall not require any additional investigation or supervision by
 3178  the department.
 3179         Section 43. Paragraph (e) of subsection (1) of section
 3180  419.001, Florida Statutes, is amended to read:
 3181         419.001 Site selection of community residential homes.—
 3182         (1) For the purposes of this section, the term:
 3183         (e) “Resident” means any of the following: a frail elder as
 3184  defined in s. 429.65; a person who has a disability as defined
 3185  in s. 760.22(3)(a); a person who has a developmental disability
 3186  as defined in s. 393.063; a nondangerous person who has a mental
 3187  illness as defined in s. 394.455; or a child who is found to be
 3188  dependent as defined in s. 39.01 or s. 984.03, or a child in
 3189  need of services as defined in s. 984.03 or s. 985.03.
 3190         Section 44. Subsection (3) of section 744.309, Florida
 3191  Statutes, is amended to read:
 3192         744.309 Who may be appointed guardian of a resident ward.—
 3193         (3) DISQUALIFIED PERSONS.—No person who has been convicted
 3194  of a felony or who, from any incapacity or illness, is incapable
 3195  of discharging the duties of a guardian, or who is otherwise
 3196  unsuitable to perform the duties of a guardian, shall be
 3197  appointed to act as guardian. Further, no person who has been
 3198  judicially determined to have committed abuse, abandonment, or
 3199  neglect against a child as defined in s. 39.01 or s. 984.03(1),
 3200  (2), and (24) (37), or who has been found guilty of, regardless
 3201  of adjudication, or entered a plea of nolo contendere or guilty
 3202  to, any offense prohibited under s. 435.04 or similar statute of
 3203  another jurisdiction, shall be appointed to act as a guardian.
 3204  Except as provided in subsection (5) or subsection (6), a person
 3205  who provides substantial services to the proposed ward in a
 3206  professional or business capacity, or a creditor of the proposed
 3207  ward, may not be appointed guardian and retain that previous
 3208  professional or business relationship. A person may not be
 3209  appointed a guardian if he or she is in the employ of any
 3210  person, agency, government, or corporation that provides service
 3211  to the proposed ward in a professional or business capacity,
 3212  except that a person so employed may be appointed if he or she
 3213  is the spouse, adult child, parent, or sibling of the proposed
 3214  ward or the court determines that the potential conflict of
 3215  interest is insubstantial and that the appointment would clearly
 3216  be in the proposed ward’s best interest. The court may not
 3217  appoint a guardian in any other circumstance in which a conflict
 3218  of interest may occur.
 3219         Section 45. Section 784.075, Florida Statutes, is amended
 3220  to read:
 3221         784.075 Battery on detention or commitment facility staff
 3222  or a juvenile probation officer.—A person who commits a battery
 3223  on a juvenile probation officer, as defined in s. 984.03 or s.
 3224  985.03, on other staff of a detention center or facility as
 3225  defined in s. 984.03 s. 984.03(19) or s. 985.03, or on a staff
 3226  member of a commitment facility as defined in s. 985.03, commits
 3227  a felony of the third degree, punishable as provided in s.
 3228  775.082, s. 775.083, or s. 775.084. For purposes of this
 3229  section, a staff member of the facilities listed includes
 3230  persons employed by the Department of Juvenile Justice, persons
 3231  employed at facilities licensed by the Department of Juvenile
 3232  Justice, and persons employed at facilities operated under a
 3233  contract with the Department of Juvenile Justice.
 3234         Section 46. Paragraph (b) of subsection (4) of section
 3235  985.618, Florida Statutes, is amended to read:
 3236         985.618 Educational and career-related programs.—
 3237         (4)
 3238         (b) Evaluations of juvenile educational and career-related
 3239  programs shall be conducted according to the following
 3240  guidelines:
 3241         1. Systematic evaluations and quality assurance monitoring
 3242  shall be implemented, in accordance with s. 985.632(1), (2), and
 3243  (4) (5), to determine whether the programs are related to
 3244  successful postrelease adjustments.
 3245         2. Operations and policies of the programs shall be
 3246  reevaluated to determine if they are consistent with their
 3247  primary objectives.
 3248         Section 47. This act shall take effect July 1, 2025.
 3249  
 3250  ================= T I T L E  A M E N D M E N T ================
 3251  And the title is amended as follows:
 3252         Delete everything before the enacting clause
 3253  and insert:
 3254                        A bill to be entitled                      
 3255         An act relating to juvenile justice; renaming ch. 984,
 3256         F.S.; amending s. 984.01, F.S.; revising the purposes
 3257         and intent of ch. 984, F.S.; amending s. 984.02, F.S.;
 3258         revising the legislative intent for prevention and
 3259         intervention; amending s. 984.03, F.S.; providing and
 3260         revising definitions; amending s. 984.04, F.S.;
 3261         deleting legislative intent; revising requirements for
 3262         early truancy intervention; amending s. 984.06, F.S.;
 3263         revising provisions concerning preservation of records
 3264         and confidential information; amending s. 984.07,
 3265         F.S.; providing for appointment of counsel in certain
 3266         circumstances; providing for payment of counsel;
 3267         providing for imposition of costs of appointed counsel
 3268         on nonindigent parents in certain circumstances;
 3269         providing for appointment of counsel to represent a
 3270         parent or guardian in certain circumstances; amending
 3271         s. 984.071, F.S.; revising provisions concerning
 3272         production of an information guide concerning juvenile
 3273         procedures; requiring specified departments to post
 3274         the information guide on their websites; repealing s.
 3275         984.08, F.S., relating to attorney fees; repealing s.
 3276         984.085, F.S., relating to sheltering and aiding
 3277         unmarried minors; creating s. 984.0861, F.S.;
 3278         prohibiting the use of detention for specified
 3279         purposes; amending s. 984.09, F.S.; revising
 3280         provisions for a child’s punishment for contempt of
 3281         court; limiting periods for placement for direct
 3282         contempt or indirect contempt; revising procedures for
 3283         procedure and due process; amending s. 984.10, F.S.;
 3284         authorizing an authorized agent of the Department of
 3285         Juvenile Justice to perform intake; revising
 3286         provisions concerning referrals for service; requiring
 3287         the abuse hotline to be contacted in certain
 3288         circumstances; authorizing a child to remain in
 3289         custody in certain circumstances; amending s. 984.11,
 3290         F.S.; requiring that an array of voluntary family
 3291         services be available to remediate specified problems;
 3292         providing that certain families are not eligible for
 3293         voluntary family services; providing eligibility for
 3294         children in certain circumstances if the Department of
 3295         Children and Families agrees; providing for an
 3296         interagency agreement to govern such referrals;
 3297         amending s. 984.12, F.S.; requiring parents to use
 3298         health care insurance to the extent that it is
 3299         available; deleting provisions concerning collection
 3300         of fees; amending s. 984.13, F.S.; authorizing that a
 3301         child be taken into custody pursuant to a finding of
 3302         contempt; specifying placement a child taken into
 3303         custody in specified circumstances; revising the
 3304         duties of a person taking a child into custody;
 3305         amending s. 984.14, F.S.; revising provisions
 3306         concerning voluntary shelter services and placement of
 3307         children in such services; deleting provisions
 3308         concerning involuntary placement in a shelter;
 3309         amending s. 984.15, F.S.; revising requirements for
 3310         petitions for a child in need of services; amending s.
 3311         984.151, F.S.; providing for early truancy
 3312         intervention; providing for additional services to be
 3313         ordered if a student is found to be a truant status
 3314         offender; revising provisions concerning compliance;
 3315         providing for applicability in cases in which a
 3316         student is found to be a child in need of services;
 3317         providing for retention of jurisdiction by courts;
 3318         providing an exception; providing for service of court
 3319         orders on specified entities; amending s. 984.16,
 3320         F.S.; requiring that a student’s school receive notice
 3321         of certain actions by courts; amending s. 984.17,
 3322         F.S.; specifying when a guardian ad litem may be
 3323         appointed; revising provisions concerning
 3324         representation of the Department of Juvenile Justice
 3325         in cases in which a child is alleged to be in need of
 3326         services; repealing s. 984.18, F.S., relating to
 3327         referral of child-in-need-of-services cases to
 3328         mediation; amending s. 984.19, F.S.; providing that an
 3329         authorized agent of the department may have a medical
 3330         screening performed on a child placed in shelter care;
 3331         revising provisions concerning consent for medical
 3332         care for a child in the care of the department;
 3333         amending s. 984.20, F.S.; revising provisions for
 3334         hearings in child in need of services cases; providing
 3335         that the failure of a person served with notice to
 3336         appear at the arraignment hearing constitutes the
 3337         person’s consent to the child in need of services
 3338         petition; requiring a specified notice in such
 3339         petitions; amending s. 984.21, F.S.; specifying that
 3340         an order of adjudication by a court that a child is a
 3341         child in need of services is a civil adjudication and
 3342         not a conviction; deleting provisions allowing a court
 3343         to withhold an adjudication that a is child in need of
 3344         services in certain cases; amending s. 984.22, F.S.;
 3345         conforming provisions to changes made by the act;
 3346         deleting provisions on the deposit of fees received;
 3347         amending s. 984.225, F.S.; revising when a child in
 3348         need of services may be placed in a shelter; revising
 3349         placement procedures; providing for counseling orders;
 3350         specifying the effect of a placement the legal
 3351         responsibilities of a parent, guardian, or custodian;
 3352         providing limits for shelter stays; deleting
 3353         provisions concerning exhaustion of less restrictive
 3354         alternatives; providing for periodic review of
 3355         placements; providing for transfer of a child to the
 3356         Department of Children and Families in certain
 3357         circumstances; authorizing transfer to the custody of
 3358         the Agency for Persons with Disabilities in certain
 3359         circumstances; amending s. 984.226, F.S.; authorizing
 3360         contracting for physically secure shelters; deleting
 3361         provisions on representation in certain proceedings;
 3362         requiring exhaustion of less restrictive placements
 3363         before a child may be placed in a physically secure
 3364         shelter; providing a time limit on secure shelter
 3365         orders; proving legislative intent; revising
 3366         provisions concerning review of secure shelter
 3367         placements; providing for transfer to shelter
 3368         placements in certain circumstances; requiring a child
 3369         to be transferred to the Department of Children and
 3370         Families in certain circumstances; providing for the
 3371         transfer of a child to the Agency for Persons with
 3372         Disabilities in certain circumstances; transferring
 3373         and renumbering s. 985.731, F.S. as s. 787.035, F.S.,
 3374         relating to offenses concerning providing sheltering
 3375         unmarried minors and aiding unmarried minor runaways;
 3376         providing criminal penalties; amending s. 985.03,
 3377         F.S.; revising the definition of the term “child who
 3378         has been found to have committed a delinquent act”;
 3379         amending s. 985.24, F.S.; prohibiting placement of a
 3380         child subject to certain proceedings into secure
 3381         detention care; amending s. 1003.26, F.S.; authorizing
 3382         that certain meetings with parents may be conducted
 3383         virtually or by telephone; providing for child study
 3384         team meetings in the absence of a parent, legal
 3385         guardian, or custodian or child; revising
 3386         interventions by such team; providing for promotion of
 3387         a child who is responsive to intervention and meets
 3388         specified requirements; revising provisions concerning
 3389         required notice of a child’s enrollment or attendance
 3390         issues; revising provisions concerning returning a
 3391         student to a parent or other party in certain
 3392         circumstances; amending s. 1003.27, F.S.; revising
 3393         reporting requirements for reports by school
 3394         principals to school boards concerning minor students
 3395         who accumulate more than a specified number of
 3396         absences; requiring actions by schools boards;
 3397         providing for remedial actions for failure to comply;
 3398         revising provisions concerning habitual truancy cases;
 3399         revising provisions concerning cooperative agreements;
 3400         revising who may begin certain proceedings and
 3401         prosecutions; deleting a provision concerning a civil
 3402         penalty for students; revising provisions concerning
 3403         truant students; amending s. 381.02035, F.S.;
 3404         authorizing pharmacists employed by the Department of
 3405         Juvenile Justice to import drugs from Canada under a
 3406         specified program; amending s. 790.22, F.S.; revising
 3407         provisions concerning the treatment of a finding that
 3408         a minor violated specified provisions, regardless of
 3409         whether adjudication was withheld, for the purposes of
 3410         determining whether a prior offense was committed;
 3411         amending s. 985.12, F.S.; deleting a requirement that
 3412         the Department of Juvenile Justice annually develop
 3413         and produce best practice models for prearrest
 3414         delinquency citation programs; amending s. 985.126,
 3415         F.S.; revising the requirements for a quarterly report
 3416         on prearrest citation programs; amending s. 985.25,
 3417         F.S.; providing for supervised release or detention of
 3418         a child despite the child’s risk assessment score in
 3419         certain circumstances; limiting the number of
 3420         categories that a child may be moved; amending s.
 3421         985.433, F.S.; requiring that a child be placed on
 3422         conditional release rather than probation following
 3423         discharge from commitment; repealing s. 985.625, F.S.,
 3424         relating to literacy programs for juvenile offenders;
 3425         amending s. 985.632, F.S.; deleting a provision
 3426         regarding development of a cost-effectiveness model
 3427         and application of the model to each commitment
 3428         program; amending ss. 95.11, 409.2564, 419.001,
 3429         744.309, 784.075, and 985.618, F.S.; conforming
 3430         provisions to changes made by the act; providing an
 3431         effective date.