Bill Text: FL S1352 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Introduced.html
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Introduced.html
Florida Senate - 2024 SB 1352 By Senator Bradley 6-01053B-24 20241352__ 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 381.887, F.S.; authorizing personnel of the Department 4 of Juvenile Justice and of certain contracted 5 providers to possess, store, and administer emergency 6 opioid antagonists and providing immunity from civil 7 or criminal liability for such personnel; amending s. 8 790.22, F.S.; deleting a provision requiring the 9 juvenile justice circuit advisory board to establish 10 certain community service programs; amending s. 11 938.17, F.S.; requiring sheriffs’ offices to submit an 12 annual report regarding certain received proceeds to 13 the department, rather than the juvenile justice 14 circuit advisory board; amending s. 948.51, F.S.; 15 requiring the public safety coordinating council to 16 cooperate with the department, rather than the 17 juvenile justice circuit advisory board, to prepare a 18 comprehensive public safety plan; amending s. 985.02, 19 F.S.; revising the legislative intent for the juvenile 20 justice system relating to general protections for 21 children and sex-specific, rather than gender 22 specific, programming; amending s. 985.03, F.S.; 23 revising definitions and defining the term “sex”; 24 amending s. 985.115, F.S.; prohibiting juvenile 25 assessment centers from being considered facilities 26 that can receive children under specified 27 circumstances; amending s. 985.126, F.S.; revising the 28 information a diversion program is required to report 29 about each minor from his or her gender to his or her 30 sex; requiring the department to compile and 31 semiannually publish certain data in a format that is 32 searchable by sex rather than by gender; amending s. 33 985.17, F.S.; revising the programming focus for the 34 department’s prevention services for youth at risk of 35 becoming delinquent to include sex-specific services 36 rather than gender-specific services; amending s. 37 985.26, F.S.; authorizing that transitions from secure 38 detention care and supervised release detention care 39 be initiated upon a court’s own motion or upon a 40 motion from the child or the state; amending s. 41 985.27, F.S.; revising the required court placement in 42 secure detention for children who are adjudicated and 43 awaiting placement in a moderate-risk, rather than 44 nonsecure, residential commitment program; reenacting 45 and amending s. 985.441, F.S.; authorizing a court to 46 commit certain children to a moderate-risk, rather 47 than nonsecure, residential placement under certain 48 circumstances; amending s. 985.465, F.S.; revising the 49 physically secure residential commitment program to 50 send specified children to maximum-risk residential 51 facilities rather than juvenile correctional 52 facilities or prisons; amending s. 985.601, F.S.; 53 revising certain required programs for rehabilitative 54 treatment to include sex-specific programming rather 55 than gender-specific programming; authorizing the 56 department to use state or federal funds to purchase 57 and distribute promotional and educational materials 58 that are consistent with the dignity and integrity of 59 the state for specified purposes; amending s. 985.664, 60 F.S.; requiring, rather than authorizing, each 61 judicial circuit to have a juvenile justice circuit 62 advisory board; requiring the juvenile justice circuit 63 advisory board to work with the chief probation 64 officer of the circuit to use data to inform policy 65 and practices that better improve the juvenile justice 66 continuum; deleting provisions relating to the 67 juvenile justice circuit advisory board’s purpose, 68 duties, and responsibilities; decreasing the minimum 69 number of members that each juvenile justice circuit 70 advisory board is required to have; requiring that 71 each member of the juvenile justice circuit advisory 72 board be approved by the chief probation officer of 73 the circuit, rather than the Secretary of Juvenile 74 Justice; requiring the chief probation officer in each 75 circuit to serve as the chair of the juvenile justice 76 circuit advisory board for that circuit; deleting 77 provisions relating to board membership and vacancies; 78 deleting provisions relating to quorums and the 79 passing of measures; deleting provisions requiring the 80 establishment of executive committees and having 81 bylaws; amending s. 985.676, F.S.; revising the 82 required contents of a grant proposal applicants must 83 submit to be considered for funding from an annual 84 community juvenile justice partnership grant; 85 requiring the department to consider the 86 recommendations of community stakeholders, rather than 87 the juvenile justice circuit advisory board, as to 88 certain priorities; deleting the juvenile justice 89 circuit advisory board from the entities to which each 90 awarded grantee is required to submit an annual 91 evaluation report; conforming a provision to changes 92 made by the act; amending s. 1003.51, F.S.; revising 93 requirements for certain State Board of Education 94 rules to establish policies and standards for certain 95 education programs; amending s. 1003.52, F.S.; 96 revising the role of Coordinators for Juvenile Justice 97 Education Programs in collecting certain information 98 and developing certain protocols; deleting provisions 99 relating to career and professional education (CAPE); 100 deleting provisions related to requiring residential 101 juvenile justice education programs to provide certain 102 CAPE courses; requiring each district school board to 103 make provisions for high school level students to earn 104 credits towards high school graduation while in 105 juvenile justice detention, prevention, or day 106 treatment programs; authorizing district school boards 107 to contract with private providers for the provision 108 of education programs to students placed in such 109 programs; requiring each district school board to 110 negotiate a cooperative agreement with the department 111 on the delivery of educational services to students in 112 such programs; deleting provisions requiring the 113 Department of Education, in consultation with the 114 Department of Juvenile Justice, to adopt rules and 115 collect data and report on certain programs; deleting 116 a provision requiring that specified entities jointly 117 develop a multiagency plan for CAPE; conforming 118 provisions to changes made by the act; amending s. 119 330.41, F.S.; conforming a provision to changes made 120 by the act; amending s. 553.865, F.S.; conforming 121 cross-references and provisions to changes made by the 122 act; amending s. 1001.42, F.S.; conforming a provision 123 to changes made by the act; reenacting s. 985.721, 124 F.S., relating to escapes from secure detention or 125 residential commitment facilities, to incorporate the 126 amendment made to s. 985.03, F.S., in a reference 127 thereto; reenacting s. 985.25(1), F.S., relating to 128 detention intakes, to incorporate the amendment made 129 to s. 985.115, F.S., in a reference thereto; 130 reenacting s. 985.255(3), F.S., relating to detention 131 criteria and detention hearings, to incorporate the 132 amendment made to s. 985.27, F.S., in a reference 133 thereto; reenacting ss. 985.475(2)(h) and 134 985.565(4)(b), F.S., relating to juvenile sexual 135 offenders and juvenile sanctions, respectively, to 136 incorporate the amendment made to s. 985.441, F.S., in 137 references thereto; providing an effective date. 138 139 Be It Enacted by the Legislature of the State of Florida: 140 141 Section 1. Subsection (4) of section 381.887, Florida 142 Statutes, is amended to read: 143 381.887 Emergency treatment for suspected opioid overdose.— 144 (4) The following persons are authorized to possess, store, 145 and administer emergency opioid antagonists as clinically 146 indicated and are immune from any civil liability or criminal 147 liability as a result of administering an emergency opioid 148 antagonist: 149 (a) Emergency responders, including, but not limited to, 150 law enforcement officers, paramedics, and emergency medical 151 technicians. 152 (b) Crime laboratory personnel for the statewide criminal 153 analysis laboratory system as described in s. 943.32, including, 154 but not limited to, analysts, evidence intake personnel, and 155 their supervisors. 156 (c) Personnel of a law enforcement agency or an other 157 agency, including, but not limited to, correctional probation 158 officers and child protective investigators who, while acting 159 within the scope or course of employment, come into contact with 160 a controlled substance or persons at risk of experiencing an 161 opioid overdose. 162 (d) Personnel of the Department of Juvenile Justice and of 163 any contracted provider with direct contact with youth 164 authorized under chapter 984 or chapter 985. 165 Section 2. Subsection (4) of section 790.22, Florida 166 Statutes, is amended to read: 167 790.22 Use of BB guns, air or gas-operated guns, or 168 electric weapons or devices by minor under 16; limitation; 169 possession of firearms by minor under 18 prohibited; penalties.— 170 (4)(a) Any parent or guardian of a minor, or other adult 171 responsible for the welfare of a minor, who knowingly and 172 willfully permits the minor to possess a firearm in violation of 173 subsection (3) commits a felony of the third degree, punishable 174 as provided in s. 775.082, s. 775.083, or s. 775.084. 175 (b) Any natural parent or adoptive parent, whether 176 custodial or noncustodial, or any legal guardian or legal 177 custodian of a minor, if that minor possesses a firearm in 178 violation of subsection (3) may, if the court finds it 179 appropriate, be required to participate in classes on parenting 180 education which are approved by the Department of Juvenile 181 Justice, upon the first conviction of the minor. Upon any 182 subsequent conviction of the minor, the court may, if the court 183 finds it appropriate, require the parent to attend further 184 parent education classes or render community service hours 185 together with the child. 186 (c) Thejuvenile justice circuit advisory boards or the187 Department of Juvenile Justice shall establish appropriate 188 community service programs to be available to the alternative 189 sanctions coordinators of the circuit courts in implementing 190 this subsection. The boards or department shall propose the 191 implementation of a community service program in each circuit, 192 and may submit a circuit plan, to be implemented upon approval 193 of the circuit alternative sanctions coordinator. 194 (d) For the purposes of this section, community service may 195 be provided on public property as well as on private property 196 with the expressed permission of the property owner. Any 197 community service provided on private property is limited to 198 such things as removal of graffiti and restoration of vandalized 199 property. 200 Section 3. Subsection (4) of section 938.17, Florida 201 Statutes, is amended to read: 202 938.17 County delinquency prevention; juvenile assessment 203 centers and school board suspension programs.— 204 (4) A sheriff’s office that receives proceeds pursuant to 205 s. 939.185 shall account for all funds annually by August 1 in a 206 written report to the Department of Juvenile Justicejuvenile207justice circuit advisory boardif funds are used for assessment 208 centers, and to the district school board if funds are used for 209 suspension programs. 210 Section 4. Subsection (2) of section 948.51, Florida 211 Statutes, is amended to read: 212 948.51 Community corrections assistance to counties or 213 county consortiums.— 214 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A 215 county, or a consortium of two or more counties, may contract 216 with the Department of Corrections for community corrections 217 funds as provided in this section. In order to enter into a 218 community corrections partnership contract, a county or county 219 consortium must have a public safety coordinating council 220 established under s. 951.26 and must designate a county officer 221 or agency to be responsible for administering community 222 corrections funds received from the state. The public safety 223 coordinating council shall prepare, develop, and implement a 224 comprehensive public safety plan for the county, or the 225 geographic area represented by the county consortium, and shall 226 submit an annual report to the Department of Corrections 227 concerning the status of the program. In preparing the 228 comprehensive public safety plan, the public safety coordinating 229 council shall cooperate with the Department of Juvenile Justice 230juvenile justice circuit advisory board established under s.231985.664in order to include programs and services for juveniles 232 in the plan. To be eligible for community corrections funds 233 under the contract, the initial public safety plan must be 234 approved by the governing board of the county, or the governing 235 board of each county within the consortium, and the Secretary of 236 Corrections based on the requirements of this section. If one or 237 more other counties develop a unified public safety plan, the 238 public safety coordinating council shall submit a single 239 application to the department for funding. Continued contract 240 funding shall be pursuant to subsection (5). The plan for a 241 county or county consortium must cover at least a 5-year period 242 and must include: 243 (a) A description of programs offered for the job placement 244 and treatment of offenders in the community. 245 (b) A specification of community-based intermediate 246 sentencing options to be offered and the types and number of 247 offenders to be included in each program. 248 (c) Specific goals and objectives for reducing the 249 projected percentage of commitments to the state prison system 250 of persons with low total sentencing scores pursuant to the 251 Criminal Punishment Code. 252 (d) Specific evidence of the population status of all 253 programs which are part of the plan, which evidence establishes 254 that such programs do not include offenders who otherwise would 255 have been on a less intensive form of community supervision. 256 (e) The assessment of population status by the public 257 safety coordinating council of all correctional facilities owned 258 or contracted for by the county or by each county within the 259 consortium. 260 (f) The assessment of bed space that is available for 261 substance abuse intervention and treatment programs and the 262 assessment of offenders in need of treatment who are committed 263 to each correctional facility owned or contracted for by the 264 county or by each county within the consortium. 265 (g) A description of program costs and sources of funds for 266 each community corrections program, including community 267 corrections funds, loans, state assistance, and other financial 268 assistance. 269 Section 5. Subsections (1) and (7) of section 985.02, 270 Florida Statutes, are amended to read: 271 985.02 Legislative intent for the juvenile justice system.— 272 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 273 the Legislature that the children of this state be provided with 274 the following protections: 275 (a) Protection from abuse, neglect, and exploitation. 276 (b) A permanent and stable home. 277 (c) A safe and nurturing environment which will preserve a 278 sense of personal dignity and integrity. 279 (d) Adequate nutrition, shelter, and clothing. 280 (e) Effective treatment to address physical, social, and 281 emotional needs, regardless of geographical location. 282 (f) Equal opportunity and access to quality and effective 283 education, which will meet the individual needs of each child, 284 and to recreation and other community resources to develop 285 individual abilities. 286 (g) Access to prevention programs and services. 287 (h) Sex-specificGender-specificprogramming and sex 288 specificgender-specificprogram models and services that 289 comprehensively address the needs of either sexa targeted290gender group. 291 (7) SEX-SPECIFICGENDER-SPECIFICPROGRAMMING.— 292 (a) The Legislature finds that the needs of children served 293 by the juvenile justice system are sex-specificgender-specific. 294 A sex-specificgender-specificapproach is one in which 295 programs, services, and treatments comprehensively address the 296 unique developmental needs of either sexa targeted gender group297 under the care of the department. Young women and men have 298 different pathways to delinquency, display different patterns of 299 offending, and respond differently to interventions, treatment, 300 and services. 301 (b) Sex-specificGender-specificinterventions focus on the 302 differences between young females’ and young males’ social roles 303 and responsibilities, access to and use of resources, history of 304 trauma, and reasons for interaction with the juvenile justice 305 system. Sex-specificGender-specificprograms increase the 306 effectiveness of programs by making interventions more 307 appropriate to the specific needs of young women and men and 308 ensuring that these programs do not unknowingly create, 309 maintain, or reinforce sexgenderroles or relations that may be 310 damaging. 311 Section 6. Present subsections (46) through (54) of section 312 985.03, Florida Statutes, are redesignated as subsections (47) 313 through (55), respectively, a new subsection (46) is added to 314 that section, and subsections (14) and (44) and present 315 subsection (50) of that section are amended, to read: 316 985.03 Definitions.—As used in this chapter, the term: 317 (14) “Day treatment” means a nonresidential, community 318 based program designed to provide therapeutic intervention to 319 youth who are served by the department or,placed on probation 320 or conditional release, or committed to the minimum-risk321nonresidential level. A day treatment program may provide 322 educational and career and technical education services and 323 shall provide case management services; individual, group, and 324 family counseling; training designed to address delinquency risk 325 factors; and monitoring of a youth’s compliance with, and 326 facilitation of a youth’s completion of, sanctions if ordered by 327 the court. Program types may include, but are not limited to, 328 career programs, marine programs, juvenile justice alternative 329 schools, training and rehabilitation programs, and sex-specific 330gender-specificprograms. 331 (44) “Restrictiveness level” means the level of programming 332 and security provided by programs that service the supervision, 333 custody, care, and treatment needs of committed children. 334 Sections 985.601(10) and 985.721 apply to children placed in 335 programs at any residential commitment level. The 336 restrictiveness levels of commitment are as follows: 337 (a)Minimum-risk nonresidential.—Programs or program models338at this commitment level work with youth who remain in the339community and participate at least 5 days per week in a day340treatment program. Youth assessed and classified for programs at341this commitment level represent a minimum risk to themselves and342public safety and do not require placement and services in343residential settings. Youth in this level have full access to,344and reside in, the community. Youth who have been found to have345committed delinquent acts that involve firearms, that are sexual346offenses, or that would be life felonies or first degree347felonies if committed by an adult may not be committed to a348program at this level.349(b)Moderate-riskNonsecureresidential.—Programs or 350 program models at this commitment level are residential but may 351 allow youth to have supervised access to the community. 352 Facilities at this commitment level are either environmentally 353 secure, staff secure, or are hardware-secure with walls, 354 fencing, or locking doors. Residential facilities at this 355 commitment level shall have no more than 90 beds each, including 356 campus-style programs, unless those campus-style programs 357 include more than one treatment program using different 358 treatment protocols, and have facilities that coexist separately 359 in distinct locations on the same property. Facilities at this 360 commitment level shall provide 24-hour awake supervision, 361 custody, care, and treatment of residents. Youth assessed and 362 classified for placement in programs at this commitment level 363 represent a low or moderate risk to public safety and require 364 close supervision. The staff at a facility at this commitment 365 level may seclude a child who is a physical threat to himself or 366 herself or others. Mechanical restraint may also be used when 367 necessary. 368 (b)(c)High-risk residential.—Programs or program models at 369 this commitment level are residential and do not allow youth to 370 have access to the community, except that temporary release 371 providing community access for up to 72 continuous hours may be 372 approved by a court for a youth who has made successful progress 373 in his or her program in order for the youth to attend a family 374 emergency or, during the final 60 days of his or her placement, 375 to visit his or her home, enroll in school or a career and 376 technical education program, complete a job interview, or 377 participate in a community service project. High-risk 378 residential facilities are hardware-secure with perimeter 379 fencing and locking doors. Residential facilities at this 380 commitment level shall have no more than 90 beds each, including 381 campus-style programs, unless those campus-style programs 382 include more than one treatment program using different 383 treatment protocols, and have facilities that coexist separately 384 in distinct locations on the same property. Facilities at this 385 commitment level shall provide 24-hour awake supervision, 386 custody, care, and treatment of residents. Youth assessed and 387 classified for this level of placement require close supervision 388 in a structured residential setting. Placement in programs at 389 this level is prompted by a concern for public safety that 390 outweighs placement in programs at lower commitment levels. The 391 staff at a facility at this commitment level may seclude a child 392 who is a physical threat to himself or herself or others. 393 Mechanical restraint may also be used when necessary. The 394 facility may provide for single cell occupancy, except that 395 youth may be housed together during prerelease transition. 396 (c)(d)Maximum-risk residential.—Programs or program models397at this commitment level include juvenile correctional398facilities and juvenile prisons.The programs at this commitment 399 level are long-term residential and do not allow youth to have 400 access to the community. Facilities at this commitment level are 401 maximum-custody, hardware-secure with perimeter security fencing 402 and locking doors. Residential facilities at this commitment 403 level shall have no more than 90 beds each, including campus 404 style programs, unless those campus-style programs include more 405 than one treatment program using different treatment protocols, 406 and have facilities that coexist separately in distinct 407 locations on the same property. Facilities at this commitment 408 level shall provide 24-hour awake supervision, custody, care, 409 and treatment of residents. The staff at a facility at this 410 commitment level may seclude a child who is a physical threat to 411 himself or herself or others. Mechanical restraint may also be 412 used when necessary. Facilities at this commitment level shall 413 provide for single cell occupancy, except that youth may be 414 housed together during prerelease transition. Youth assessed and 415 classified for this level of placement require close supervision 416 in a maximum security residential setting. Placement in a 417 program at this level is prompted by a demonstrated need to 418 protect the public. 419 (46) “Sex” has the same meaning as in s. 553.865. 420 (51)(50)“Temporary release” means the terms and conditions 421 under which a child is temporarily released from a residential 422 commitment facility or allowed home visits. If the temporary 423 release is from a moderate-risknonsecureresidential facility, 424 a high-risk residential facility, or a maximum-risk residential 425 facility, the terms and conditions of the temporary release must 426 be approved by the child, the court, and the facility. 427 Section 7. Subsection (2) of section 985.115, Florida 428 Statutes, is amended to read: 429 985.115 Release or delivery from custody.— 430 (2) Unless otherwise ordered by the court under s. 985.255 431 or s. 985.26, and unless there is a need to hold the child, a 432 person taking a child into custody shall attempt to release the 433 child as follows: 434 (a) To the child’s parent, guardian, or legal custodian or, 435 if the child’s parent, guardian, or legal custodian is 436 unavailable, unwilling, or unable to provide supervision for the 437 child, to any responsible adult. Prior to releasing the child to 438 a responsible adult, other than the parent, guardian, or legal 439 custodian, the person taking the child into custody may conduct 440 a criminal history background check of the person to whom the 441 child is to be released. If the person has a prior felony 442 conviction, or a conviction for child abuse, drug trafficking, 443 or prostitution, that person is not a responsible adult for the 444 purposes of this section. The person to whom the child is 445 released shall agree to inform the department or the person 446 releasing the child of the child’s subsequent change of address 447 and to produce the child in court at such time as the court may 448 direct, and the child shall join in the agreement. 449 (b) Contingent upon specific appropriation, to a shelter 450 approved by the department or to an authorized agent. 451 (c) If the child is believed to be suffering from a serious 452 physical condition which requires either prompt diagnosis or 453 prompt treatment, to a law enforcement officer who shall deliver 454 the child to a hospital for necessary evaluation and treatment. 455 (d) If the child is believed to be mentally ill as defined 456 in s. 394.463(1), to a law enforcement officer who shall take 457 the child to a designated public receiving facility as defined 458 in s. 394.455 for examination under s. 394.463. 459 (e) If the child appears to be intoxicated and has 460 threatened, attempted, or inflicted physical harm on himself or 461 herself or another, or is incapacitated by substance abuse, to a 462 law enforcement officer who shall deliver the child to a 463 hospital, addictions receiving facility, or treatment resource. 464 (f) If available, to a juvenile assessment center equipped 465 and staffed to assume custody of the child for the purpose of 466 assessing the needs of the child in custody. The center may then 467 release or deliver the child under this section with a copy of 468 the assessment. A juvenile assessment center may not be 469 considered a facility that can receive a child under paragraph 470 (c), paragraph (d), or paragraph (e). 471 Section 8. Subsections (3) and (4) of section 985.126, 472 Florida Statutes, are amended to read: 473 985.126 Diversion programs; data collection; denial of 474 participation or expunged record.— 475 (3)(a) Beginning October 1, 2018, each diversion program 476 shall submit data to the department which identifies for each 477 minor participating in the diversion program: 478 1. The race, ethnicity, sexgender, and age of that minor. 479 2. The offense committed, including the specific law 480 establishing the offense. 481 3. The judicial circuit and county in which the offense was 482 committed and the law enforcement agency that had contact with 483 the minor for the offense. 484 4. Other demographic information necessary to properly 485 register a case into the Juvenile Justice Information System 486 Prevention Web, as specified by the department. 487 (b) Beginning October 1, 2018, each law enforcement agency 488 shall submit to the department data that identifies for each 489 minor who was eligible for a diversion program, but was instead 490 referred to the department, provided a notice to appear, or 491 arrested: 492 1. The data required pursuant to paragraph (a). 493 2. Whether the minor was offered the opportunity to 494 participate in a diversion program. If the minor was: 495 a. Not offered such opportunity, the reason such offer was 496 not made. 497 b. Offered such opportunity, whether the minor or his or 498 her parent or legal guardian declined to participate in the 499 diversion program. 500 (c) The data required pursuant to paragraph (a) shall be 501 entered into the Juvenile Justice Information System Prevention 502 Web within 7 days after the youth’s admission into the program. 503 (d) The data required pursuant to paragraph (b) shall be 504 submitted on or with the arrest affidavit or notice to appear. 505 (4) Beginning January 1, 2019, the department shall compile 506 and semiannually publish the data required by subsection (3) on 507 the department’s website in a format that is, at a minimum, 508 sortable by judicial circuit, county, law enforcement agency, 509 race, ethnicity, sexgender, age, and offense committed. 510 Section 9. Subsection (3) of section 985.17, Florida 511 Statutes, is amended to read: 512 985.17 Prevention services.— 513 (3) The department’s prevention services for youth at risk 514 of becoming delinquent should: 515 (a) Focus on preventing initial or further involvement of 516 such youth in the juvenile justice system by including services 517 such as literacy services, sex-specificgender-specific518 programming, recreational services, and after-school services, 519 and should include targeted services to troubled, truant, 520 ungovernable, abused, trafficked, or runaway youth. To decrease 521 the likelihood that a youth will commit a delinquent act, the 522 department should use mentoring and may provide specialized 523 services addressing the strengthening of families, job training, 524 and substance abuse. 525 (b) Address the multiple needs of such youth in order to 526 decrease the prevalence of disproportionate minority 527 representation in the juvenile justice system. 528 Section 10. Paragraph (a) of subsection (2) of section 529 985.26, Florida Statutes, is amended to read: 530 985.26 Length of detention.— 531 (2)(a)1. A court may order a child to be placed on 532 supervised release detention care for any time period until an 533 adjudicatory hearing is completed. However, if a child has 534 served 60 days on supervised release detention care, the court 535 must conduct a hearing within 15 days after the 60th day, to 536 determine the need for continued supervised release detention 537 care. At the hearing, and upon good cause being shown that the 538 nature of the charge requires additional time for the 539 prosecution or defense of the case or that the totality of the 540 circumstances, including the preservation of public safety, 541 warrants an extension, the court may order the child to remain 542 on supervised release detention care until the adjudicatory 543 hearing is completed. 544 2. Except as provided in paragraph (b) or paragraph (c), a 545 child may not be held in secure detention care under a special 546 detention order for more than 21 days unless an adjudicatory 547 hearing for the case has been commenced in good faith by the 548 court. 549 3. This section does not prohibit a court from 550 transitioning a child to and from secure detention care and 551 supervised release detention care, including electronic 552 monitoring, when the court finds such a placement necessary, or 553 no longer necessary, to preserve public safety or to ensure the 554 child’s safety, appearance in court, or compliance with a court 555 order. Such transition may be initiated upon the court’s own 556 motion, or upon a motion of the child or of the state, and after 557 considering any information provided by the department regarding 558 the child’s adjustment to detention supervision. Each period of 559 secure detention care or supervised release detention care 560 counts toward the time limitations in this subsection whether 561 served consecutively or nonconsecutively. 562 Section 11. Section 985.27, Florida Statutes, is amended to 563 read: 564 985.27 Postdisposition detention while awaiting residential 565 commitment placement.—The court must place all children who are 566 adjudicated and awaiting placement in a moderate-risknonsecure, 567 high-risk, or maximum-risk residential commitment program in 568 secure detention care until the placement or commitment is 569 accomplished. 570 Section 12. Subsection (2) of section 985.441, Florida 571 Statutes, is amended, and paragraph (b) of subsection (1) and 572 subsection (4) of that section are reenacted, to read: 573 985.441 Commitment.— 574 (1) The court that has jurisdiction of an adjudicated 575 delinquent child may, by an order stating the facts upon which a 576 determination of a sanction and rehabilitative program was made 577 at the disposition hearing: 578 (b) Commit the child to the department at a restrictiveness 579 level defined in s. 985.03. Such commitment must be for the 580 purpose of exercising active control over the child, including, 581 but not limited to, custody, care, training, monitoring for 582 substance abuse, electronic monitoring, and treatment of the 583 child and release of the child from residential commitment into 584 the community in a postcommitment nonresidential conditional 585 release program. If the child is not successful in the 586 conditional release program, the department may use the transfer 587 procedure under subsection (4). 588 (2) Notwithstanding subsection (1), the court having 589 jurisdiction over an adjudicated delinquent child whose offense 590 is a misdemeanor, or a child who is currently on probation for a 591 misdemeanor, may not commit the child for any misdemeanor 592 offense or any probation violation that is technical in nature 593 and not a new violation of law at a restrictiveness level other 594 than minimum-risk nonresidential. However, the court may commit 595 such child to a moderate-risknonsecureresidential placement 596 if: 597 (a) The child has previously been adjudicated or had 598 adjudication withheld for a felony offense; 599 (b) The child has previously been adjudicated or had 600 adjudication withheld for three or more misdemeanor offenses 601 within the previous 18 months; 602 (c) The child is before the court for disposition for a 603 violation of s. 800.03, s. 806.031, or s. 828.12; or 604 (d) The court finds by a preponderance of the evidence that 605 the protection of the public requires such placement or that the 606 particular needs of the child would be best served by such 607 placement. Such finding must be in writing. 608 (4) The department may transfer a child, when necessary to 609 appropriately administer the child’s commitment, from one 610 facility or program to another facility or program operated, 611 contracted, subcontracted, or designated by the department, 612 including a postcommitment nonresidential conditional release 613 program, except that the department may not transfer any child 614 adjudicated solely for a misdemeanor to a residential program 615 except as provided in subsection (2). The department shall 616 notify the court that committed the child to the department and 617 any attorney of record for the child, in writing, of its intent 618 to transfer the child from a commitment facility or program to 619 another facility or program of a higher or lower restrictiveness 620 level. If the child is under the jurisdiction of a dependency 621 court, the department shall also provide notice to the 622 dependency court and the Department of Children and Families, 623 and, if appointed, the Guardian Ad Litem Program and the child’s 624 attorney ad litem. The court that committed the child may agree 625 to the transfer or may set a hearing to review the transfer. If 626 the court does not respond within 10 days after receipt of the 627 notice, the transfer of the child shall be deemed granted. 628 Section 13. Section 985.465, Florida Statutes, is amended 629 to read: 630 985.465 Maximum-risk residentialJuvenile correctional631 facilitiesor juvenile prison.—A maximum-riskjuvenile632correctionalfacilityor juvenile prisonis a physically secure 633 residential commitment program with a designated length of stay 634 from 18 months to 36 months, primarily serving children 13 years 635 of age to 19 years of age or until the jurisdiction of the court 636 expires. Each child committed to this level must meet one of the 637 following criteria: 638 (1) The child is at least 13 years of age at the time of 639 the disposition for the current offense and has been adjudicated 640 on the current offense for: 641 (a) Arson; 642 (b) Sexual battery; 643 (c) Robbery; 644 (d) Kidnapping; 645 (e) Aggravated child abuse; 646 (f) Aggravated assault; 647 (g) Aggravated stalking; 648 (h) Murder; 649 (i) Manslaughter; 650 (j) Unlawful throwing, placing, or discharging of a 651 destructive device or bomb; 652 (k) Armed burglary; 653 (l) Aggravated battery; 654 (m) Carjacking; 655 (n) Home-invasion robbery; 656 (o) Burglary with an assault or battery; 657 (p) Any lewd or lascivious offense committed upon or in the 658 presence of a person less than 16 years of age; or 659 (q) Carrying, displaying, using, threatening to use, or 660 attempting to use a weapon or firearm during the commission of a 661 felony. 662 (2) The child is at least 13 years of age at the time of 663 the disposition, the current offense is a felony, and the child 664 has previously been committed three or more times to a 665 delinquency commitment program. 666 (3) The child is at least 13 years of age and is currently 667 committed for a felony offense and transferred from a moderate 668 risk or high-risk residential commitment placement. 669 (4) The child is at least 13 years of age at the time of 670 the disposition for the current offense, the child is eligible 671 for prosecution as an adult for the current offense, and the 672 current offense is ranked at level 7 or higher on the Criminal 673 Punishment Code offense severity ranking chart pursuant to s. 674 921.0022. 675 Section 14. Paragraph (a) of subsection (3) of section 676 985.601, Florida Statutes, is amended, and subsection (12) is 677 added to that section, to read: 678 985.601 Administering the juvenile justice continuum.— 679 (3)(a) The department shall develop or contract for 680 diversified and innovative programs to provide rehabilitative 681 treatment, including early intervention and prevention, 682 diversion, comprehensive intake, case management, diagnostic and 683 classification assessments, trauma-informed care, individual and 684 family counseling, family engagement resources and programs, 685 sex-specificgender-specificprogramming, shelter care, 686 diversified detention care emphasizing alternatives to secure 687 detention, diversified probation, halfway houses, foster homes, 688 community-based substance abuse treatment services, community 689 based mental health treatment services, community-based 690 residential and nonresidential programs, mother-infant programs, 691 and environmental programs. The department may pay expenses in 692 support of innovative programs and activities that address 693 identified needs and the well-being of children in the 694 department’s care or under its supervision, subject to the 695 requirements of chapters 215, 216, and 287. Each program shall 696 place particular emphasis on reintegration and conditional 697 release for all children in the program. 698 (12) The department may use state or federal funds to 699 purchase and distribute promotional and educational materials 700 that are consistent with the dignity and integrity of the state 701 for all of the following purposes: 702 (a) Educating children and families about the juvenile 703 justice continuum, including local prevention programs or 704 community services available for participation or enrollment. 705 (b) Staff recruitment at job fairs, career fairs, community 706 events, the Institute for Commercialization of Florida 707 Technology, community college campuses, or state university 708 campuses. 709 (c) Educating children and families on children-specific 710 public safety issues, including, but not limited to, safe 711 storage of adult-owned firearms, consequences of child firearm 712 offenses, human trafficking, or drug and alcohol abuse. 713 Section 15. Section 985.664, Florida Statutes, is amended 714 to read: 715 985.664 Juvenile justice circuit advisory boards.— 716 (1) Each judicial circuit in this state shall haveThere is717authorizeda juvenile justice circuit advisory boardto be718established in each of the 20 judicial circuits. TheExcept in719single-county circuits, eachjuvenile justice circuit advisory 720 board shall work with the chief probation officer of the circuit 721 to use data to inform policies and practices that better improve 722 the juvenile justice continuumhave a county organization723representing each of the counties in the circuit.The county724organization shall report directly to the juvenile justice725circuit advisory board on the juvenile justice needs of the726county. The purpose of each juvenile justice circuit advisory727board is to provide advice and direction to the department in728the development and implementation of juvenile justice programs729and to work collaboratively with the department in seeking730program improvements and policy changes to address the emerging731and changing needs of Florida’s youth who are at risk of732delinquency.733 (2)The duties and responsibilities of a juvenile justice734circuit advisory board include, but are not limited to:735(a) Developing a comprehensive plan for the circuit. The736initial circuit plan shall be submitted to the department no737later than December 31, 2014, and no later than June 30 every 3738years thereafter. The department shall prescribe a format and739content requirements for the submission of the comprehensive740plan.741(b) Participating in the facilitation of interagency742cooperation and information sharing.743(c) Providing recommendations for public or private grants744to be administered by one of the community partners that support745one or more components of the comprehensive circuit plan.746(d) Providing recommendations to the department in the747evaluation of prevention and early intervention grant programs,748including the Community Juvenile Justice Partnership Grant749program established in s. 985.676 and proceeds from the Invest750in Children license plate annual use fees.751(e) Providing an annual report to the department describing752the board’s activities. The department shall prescribe a format753and content requirements for submission of annual reports. The754annual report must be submitted to the department no later than755August 1 of each year.756(3)Each juvenile justice circuit advisory board shall have 757 a minimum of 1416members. The membership of each board must 758 reflect: 759 (a) The circuit’s geography and population distribution. 760 (b) Diversity in the judicial circuit. 761 (3)(4)Each member of the juvenile justice circuit advisory 762 board must be approved by the chief probation officer of the 763 circuitSecretary of Juvenile Justice, except those members 764 listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The 765 juvenile justice circuit advisory boards established under 766 subsection (1) must include as members: 767 (a) The state attorney or his or her designee. 768 (b) The public defender or his or her designee. 769 (c) The chief judge or his or her designee. 770 (d) A representative of the corresponding circuit or 771 regional entity of the Department of Children and Families. 772 (e) The sheriff or the sheriff’s designee from each county 773 in the circuit. 774 (f) A police chief or his or her designee from each county 775 in the circuit. 776 (g) A county commissioner or his or her designee from each 777 county in the circuit. 778 (h) The superintendent of each school district in the 779 circuit or his or her designee. 780 (i) A representative from the workforce organization of 781 each county in the circuit. 782 (j) A representative of the business community. 783 (k) A youth representative who has had an experience with 784 the juvenile justice system and is not older than 21 years of 785 age. 786 (l) A representative of the faith community. 787 (m) A health services representative who specializes in 788 mental health care, victim-service programs, or victims of 789 crimes. 790 (n) A parent or family member of a youth who has been 791 involved with the juvenile justice system. 792 (o) Up to threefiverepresentatives fromany ofthe 793 communityfollowing who are not otherwise represented in this794subsection:7951. Community leaders.7962. Youth-serving coalitions. 797 (4)(5)The chief probation officer in each circuit shall 798 serve as the chair of the juvenile justice circuit advisory 799 board for that circuitWhen a vacancy in the office of the chair800occurs, the juvenile justice circuit advisory board shall801appoint a new chair, who must meet the board membership802requirements in subsection (4).The chair shall appoint members803to vacant seats within 45 days after the vacancy and submit the804appointments to the department for approval. The chair shall805serve at the pleasure of the Secretary of Juvenile Justice.806(6) A member may not serve more than three consecutive 2807year terms, except those members listed in paragraphs (4)(a),808(b), (c), (e), (f), (g), and (h). A former member who has not809served on the juvenile justice circuit advisory board for 2810years is eligible to serve on the juvenile justice circuit811advisory board again.812(7) At least half of the voting members of the juvenile813justice circuit advisory board constitutes a quorum. A quorum814must be present in order for the board to vote on a measure or815position.816(8) In order for a juvenile justice circuit advisory board817measure or position to pass, it must receive more than 50818percent of the vote.819(9) Each juvenile justice circuit advisory board must820provide for the establishment of an executive committee of not821more than 10 members. The duties and authority of the executive822committee must be addressed in the bylaws.823(10) Each juvenile justice circuit advisory board shall824have bylaws. The department shall prescribe a format and content825requirements for the bylaws. All bylaws must be approved by the826department. The bylaws shall address at least the following827issues: election or appointment of officers; filling of vacant828positions; meeting attendance requirements; and the829establishment and duties of an executive committee.830(11) Members of juvenile justice circuit advisory boards831are subject to part III of chapter 112.832 Section 16. Subsections (1) and (2) of section 985.676, 833 Florida Statutes, are amended to read: 834 985.676 Community juvenile justice partnership grants.— 835 (1) GRANTS; CRITERIA.— 836 (a) In order to encourage the development of a circuit 837 juvenile justice planand the development and implementation of838circuit interagency agreements under s. 985.664, the community 839 juvenile justice partnership grant program is established and 840 shall be administered by the department. 841 (b) In awarding these grants, the department shall consider 842 applications that at a minimum provide for the following: 843 1. The participation of the agencies and programs needed to 844 implement the project or program for which the applicant is 845 applying; 846 2. The reduction of truancy and in-school and out-of-school 847 suspensions and expulsions, the enhancement of school safety, 848 and other delinquency early-intervention and diversion services; 849 3. The number of youths from 10 through 17 years of age 850 within the geographic area to be served by the program, giving 851 those geographic areas having the highest number of youths from 852 10 to 17 years of age priority for selection; 853 4. The extent to which the program targets high-juvenile 854 crime neighborhoods and those public schools serving juveniles 855 from high-crime neighborhoods; 856 5. The validity and cost-effectiveness of the program; and 857 6. The degree to which the program is located in and 858 managed by local leaders of the target neighborhoods and public 859 schools serving the target neighborhoods. 860 (c) In addition, the department may consider the following 861 criteria in awarding grants: 862 1. The circuit juvenile justice plan and any county 863 juvenile justice plans that are referred to or incorporated into 864 the circuit plan, including a list of individuals, groups, and 865 public and private entities that participated in the development 866 of the plan. 867 2. The diversity of community entities participating in the 868 development of the circuit juvenile justice plan. 869 3. The number of community partners who will be actively 870 involved in the operation of the grant program. 871 4. The number of students or youths to be served by the 872 grant and the criteria by which they will be selected. 873 5. The criteria by which the grant program will be 874 evaluated and, if deemed successful, the feasibility of 875 implementation in other communities. 876 (2) GRANT APPLICATION PROCEDURES.— 877 (a) Each entity wishing to apply for an annual community 878 juvenile justice partnership grant, which may be renewed for a 879 maximum of 2 additional years for the same provision of 880 services, shall submit a grant proposal for funding or continued 881 funding to the department. The department shall establish the 882 grant application procedures. In order to be considered for 883 funding, the grant proposal shall include the following 884 assurances and information: 885 1.A letter from the chair of the juvenile justice circuit886board confirming that the grant application has been reviewed887and found to support one or more purposes or goals of the888juvenile justice plan as developed by the board.8892.A rationale and description of the program and the 890 services to be provided, including goals and objectives. 891 2.3.A method for identification of the juveniles most 892 likely to be involved in the juvenile justice system who will be 893 the focus of the program. 894 3.4.Provisions for the participation of parents and 895 guardians in the program. 896 4.5.Coordination with other community-based and social 897 service prevention efforts, including, but not limited to, drug 898 and alcohol abuse prevention and dropout prevention programs, 899 that serve the target population or neighborhood. 900 5.6.An evaluation component to measure the effectiveness 901 of the program in accordance with s. 985.632. 902 6.7.A program budget, including the amount and sources of 903 local cash and in-kind resources committed to the budget. The 904 proposal must establish to the satisfaction of the department 905 that the entity will make a cash or in-kind contribution to the 906 program of a value that is at least equal to 20 percent of the 907 amount of the grant. 908 7.8.The necessary program staff. 909 (b) The department shall consider the recommendations of 910 community stakeholdersthe juvenile justice circuit advisory911boardas to the priority that should be given to proposals 912 submitted by entities within a circuit in awarding such grants. 913 (c) The department shall make available, to anyone wishing 914 to apply for such a grant, information on all of the criteria to 915 be used in the selection of the proposals for funding pursuant 916 to the provisions of this subsection. 917 (d) The department shall review all program proposals 918 submitted. Entities submitting proposals shall be notified of 919 approval not later than June 30 of each year. 920 (e) Each entity that is awarded a grant as provided for in 921 this section shall submit an annual evaluation report to the 922 department and,the circuit juvenile justice manager,and the923juvenile justice circuit advisory board,by a date subsequent to 924 the end of the contract period established by the department, 925 documenting the extent to which the program objectives have been 926 met, the effect of the program on the juvenile arrest rate, and 927 any other information required by the department. The department 928 shall coordinate and incorporate all such annual evaluation 929 reports with s. 985.632. Each entity is also subject to a 930 financial audit and a performance audit. 931 (f) The department may establish rules and policy 932 provisions necessary to implement this section. 933 Section 17. Subsection (2) of section 1003.51, Florida 934 Statutes, is amended to read: 935 1003.51 Other public educational services.— 936 (2) The State Board of Education shall adopt rules 937 articulating expectations for effective education programs for 938 students in Department of Juvenile Justice programs, including, 939 but not limited to, education programs in juvenile justice 940 prevention, day treatment, residential, and detention programs. 941 The rulesruleshall establish policies and standards for 942 education programs for students in Department of Juvenile 943 Justice programs and shall include the following: 944 (a) The interagency collaborative process needed to ensure 945 effective programs with measurable results. 946 (b) The responsibilities of the Department of Education, 947 the Department of Juvenile Justice, CareerSource Florida, Inc., 948 district school boards, and providers of education services to 949 students in Department of Juvenile Justice programs. 950 (c) Academic expectations. 951 (d) Career expectations. 952 (e) Education transition planning and services. 953 (f) Service delivery options available to district school 954 boards, including direct service and contracting. 955 (g) Assessment procedures, which: 956 1. For prevention and,day treatment,and residential957programs,include appropriate academic and career assessments 958 administered at program entry and exit that are selected by the 959 Department of Education in partnership with representatives from 960 the Department of Juvenile Justice, district school boards, and 961 education providers.Assessments must be completed within the962first 10 school days after a student’s entry into the program.963 2. Provide for determination of the areas of academic need 964 and strategies for appropriate intervention and instruction for 965 each student in a detention facility within 5 school days after 966 the student’s entry into the program and administer a research 967 based assessment that will assist the student in determining his 968 or her educational and career options and goals within 22 school 969 days after the student’s entry into the program. 970 971 The results of these assessments, together with a portfolio 972 depicting the student’s academic and career accomplishments, 973 shall be included in the discharge packet assembled for each 974 student. 975 (h) Recommended instructional programs, including, but not 976 limited to: 977 1. Secondary education. 978 2. High school equivalency examination preparation. 979 3. Postsecondary education. 980 4. Career and professional education (CAPE). 981 5. Job preparation. 982 6. Virtual education that: 983 a. Provides competency-based instruction that addresses the 984 unique academic needs of the student through delivery by an 985 entity accredited by an accrediting body approved by the 986 Department of EducationAdvanceED or the Southern Association of987Colleges and Schools. 988 b. Confers certifications and diplomas. 989 c. Issues credit that articulates with and transcripts that 990 are recognized by secondary schools. 991 d. Allows the student to continue to access and progress 992 through the program once the student leaves the juvenile justice 993 system. 994 (i) Funding requirements, which must provide that at least 995 95 percent of the FEFP funds generated by students in Department 996 of Juvenile Justice programs or in an education program for 997 juveniles under s. 985.19 must be spent on instructional costs 998 for those students. Department of Juvenile Justice education 999 programs are entitled to 100 percent of the formula-based 1000 categorical funds generated by students in Department of 1001 Juvenile Justice programs. Such funds must be spent on 1002 appropriate categoricals, such as instructional materials and 1003 public school technology for those students. 1004 (j) Qualifications of instructional staff, procedures for 1005 the selection of instructional staff, and procedures for 1006 consistent instruction and qualified staff year-round. 1007 Qualifications shall include those for instructors of CAPE 1008 courses, standardized across the state, and shall be based on 1009 state certification, local school district approval, and 1010 industry-recognized certifications as identified on the CAPE 1011 Industry Certification Funding List. Procedures for the use of 1012 noncertified instructional personnel who possess expert 1013 knowledge or experience in their fields of instruction shall be 1014 established. 1015 (k) Transition services, including the roles and 1016 responsibilities of appropriate personnel in the juvenile 1017 justice education program, the school district where the student 1018 will reenter, provider organizations, and the Department of 1019 Juvenile Justice. 1020 (l) Procedures and timeframe for transfer of education 1021 records when a student enters and leaves a Department of 1022 Juvenile Justice education program. 1023 (m) The requirement that each district school board 1024 maintain an academic transcript for each student enrolled in a 1025 juvenile justice education program that delineates each course 1026 completed by the student as provided by the State Course Code 1027 Directory. 1028 (n) The requirement that each district school board make 1029 available and transmit a copy of a student’s transcript in the 1030 discharge packet when the student exits a juvenile justice 1031 education program. 1032 (o) Contract requirements. 1033 (p)Performance expectations for providers and district1034school boards, including student performance measures by type of1035program, education program performance ratings, school1036improvement, and corrective action plans for low-performing1037programs.1038(q)The role and responsibility of the district school 1039 board in securing workforce development funds. 1040(r) A series of graduated sanctions for district school1041boards whose educational programs in Department of Juvenile1042Justice programs are considered to be unsatisfactory and for1043instances in which district school boards fail to meet standards1044prescribed by law, rule, or State Board of Education policy.1045These sanctions shall include the option of requiring a district1046school board to contract with a provider or another district1047school board if the educational program at the Department of1048Juvenile Justice program is performing below minimum standards1049and, after 6 months, is still performing below minimum1050standards.1051 (q)(s)Curriculum, guidance counseling, transition, and 1052 education services expectations, including curriculum 1053 flexibility for detention centers operated by the Department of 1054 Juvenile Justice. 1055 (r)(t)Other aspects of program operations. 1056 Section 18. Section 1003.52, Florida Statutes, is amended 1057 to read: 1058 1003.52 Educational services in Department of Juvenile 1059 Justice programs.— 1060 (1) The Department of Education shall serve as the lead 1061 agency for juvenile justice education programs, curriculum, 1062 support services, and resources. To this end, the Department of 1063 Education and the Department of Juvenile Justice shall each 1064 designate a Coordinator for Juvenile Justice Education Programs 1065 to serve as the point of contact for resolving issues not 1066 addressed by district school boards and to provide each 1067 department’s participation in the following activities: 1068 (a) Training, collaborating, and coordinating with district 1069 school boards, local workforce development boards, and local 1070 youth councils, educational contract providers, and juvenile 1071 justice providers, whether state operated or contracted. 1072 (b) Collecting information on the academic, career and 1073 technicalprofessionaleducation(CAPE), and transition 1074 performance of students in juvenile justice programs and 1075 reporting on the results. 1076 (c) Developing academic and career and technical education 1077CAPEprotocols that provide guidance to district school boards 1078 and juvenile justice education providers in all aspects of 1079 education programming, including records transfer and 1080 transition. 1081 (d) Implementing a joint accountability, program 1082 performance, and program improvement process. 1083 1084 Annually, a cooperative agreement and plan for juvenile justice 1085 education service enhancement shall be developed between the 1086 Department of Juvenile Justice and the Department of Education 1087 and submitted to the Secretary of Juvenile Justice and the 1088 Commissioner of Education by June 30. The plan shall include, at 1089 a minimum, each agency’s role regarding educational program 1090 accountability, technical assistance, training, and coordination 1091 of services. 1092 (2) Students participating in Department of Juvenile 1093 Justice education programs pursuant to chapter 985 which are 1094 sponsored by a community-based agency or are operated or 1095 contracted for by the Department of Juvenile Justice shall 1096 receive education programs according to rules of the State Board 1097 of Education. These students shall be eligible for services 1098 afforded to students enrolled in programs pursuant to s. 1003.53 1099 and all corresponding State Board of Education rules. 1100 (3) The district school board of the county in which the 1101 juvenile justice education prevention, day treatment, 1102residential,or detention program is located shall provide or 1103 contract for appropriate educational assessments and an 1104 appropriate program of instruction and special education 1105 services. 1106 (a) All contracts between a district school board desiring 1107 to contract directly with juvenile justice education programs to 1108 provide academic instruction for students in such programs must 1109 be in writing. Unless both parties agree to an extension of 1110 time, the district school board and the juvenile justice 1111 education program shall negotiate and execute a new or renewal 1112 contract within 40 days after the district school board provides 1113 the proposal to the juvenile justice education program. The 1114 Department of Education shall provide mediation services for any 1115 disputes relating to this paragraph. 1116 (b) District school boards shall satisfy invoices issued by 1117 juvenile justice education programs within 15 working days after 1118 receipt. If a district school board does not timely issue a 1119 warrant for payment, it must pay to the juvenile justice 1120 education program interest at a rate of 1 percent per month, 1121 calculated on a daily basis, on the unpaid balance until such 1122 time as a warrant is issued for the invoice and accrued interest 1123 amount. The district school board may not delay payment to a 1124 juvenile justice education program of any portion of funds owed 1125 pending the district’s receipt of local funds. 1126 (c) The district school board shall make provisions for 1127 each student to participate in basic career and technical 1128 education, CAPE,and exceptional student programs, as 1129 appropriate. Students served in Department of Juvenile Justice 1130 education programs shall have access to the appropriate courses 1131 and instruction to prepare them for the high school equivalency 1132 examination. Students participating in high school equivalency 1133 examination preparation programs shall be funded at the basic 1134 program cost factor for Department of Juvenile Justice programs 1135 in the Florida Education Finance Program. Each program shall be 1136 conducted according to applicable law providing for the 1137 operation of public schools and rules of the State Board of 1138 Education. School districts shall provide the high school 1139 equivalency examination exit option for all juvenile justice 1140 education programs. 1141 (d) The Department of Education, with the assistance of the 1142 school districts and juvenile justice education providers, shall 1143 select a common student assessment instrument and protocol for 1144 measuring student learning gains and student progression while a 1145 student is in a juvenile justice education program. The 1146 Department of Education and the Department of Juvenile Justice 1147 shall jointly review the effectiveness of this assessment and 1148 implement changes as necessary. 1149 (4) Educational services shall be provided at times of the 1150 day most appropriate for the juvenile justice program. School 1151 programming in juvenile justice detention, prevention, or day 1152 treatment, and residentialprograms shall be made available by 1153 the local school district during the juvenile justice school 1154 year, as provided in s. 1003.01(14). In addition, students in 1155 juvenile justice education programs shall have access to courses 1156 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The 1157 Department of Education and the school districts shall adopt 1158 policies necessary to provide such access. 1159 (5) The educational program shall provide instruction based 1160 on each student’s individualized transition plan, assessed 1161 educational needs, and the education programs available in the 1162 school district in which the student will return. Depending on 1163 the student’s needs, educational programming may consist of 1164 remedial courses, academic courses required for grade 1165 advancement,CAPE courses,high school equivalency examination 1166 preparation, or exceptional student education curricula and 1167 related services which support the transition goals and reentry 1168 and which may lead to completion of the requirements for receipt 1169 of a high school diploma or its equivalent. Prevention and day 1170 treatment juvenile justice education programs, at a minimum, 1171 shall provide career readiness and exploration opportunities as 1172 well as truancy and dropout prevention intervention services. 1173Residential juvenile justice education programs with a1174contracted minimum length of stay of 9 months shall provide CAPE1175courses that lead to preapprentice certifications and industry1176certifications. Programs with contracted lengths of stay of less1177than 9 months may provide career education courses that lead to1178preapprentice certifications and CAPE industry certifications.1179If the duration of a program is less than 40 days, the1180educational component may be limited to tutorial remediation1181activities, career employability skills instruction, education1182counseling, and transition services that prepare students for a1183return to school, the community, and their home settings based1184on the students’ needs.1185 (6) Participation in the program by students of compulsory 1186 school-attendance age as provided for in s. 1003.21 shall be 1187 mandatory. All students of noncompulsory school-attendance age 1188 who have not received a high school diploma or its equivalent 1189 shall participate in the educational program, unless the student 1190 files a formal declaration of his or her intent to terminate 1191 school enrollment as described in s. 1003.21 and is afforded the 1192 opportunity to take the high school equivalency examination and 1193 attain a Florida high school diploma before release from a 1194 juvenile justice education program. A student who has received a 1195 high school diploma or its equivalent and is not employed shall 1196 participate in workforce developmentor other CAPE educationor 1197 Florida College System institution or university courses while 1198 in the program, subject to available funding. 1199 (7) An individualized progress monitoring plan shall be 1200 developed for all students not classified as exceptional 1201 education students upon entry in a juvenile justice education 1202 program and upon reentry in the school district. These plans 1203 shall address academic, literacy, and career and technical 1204 skills and shall include provisions for intensive remedial 1205 instruction in the areas of weakness. 1206 (8) Each district school board shall maintain an academic 1207 record for each student enrolled in a juvenile justice education 1208 program as prescribed by s. 1003.51. Such record shall delineate 1209 each course completed by the student according to procedures in 1210 the State Course Code Directory. The district school board shall 1211 include a copy of a student’s academic record in the discharge 1212 packet when the student exits the program. 1213 (9) Each district school board shall make provisions for 1214 high school level students to earn credits toward high school 1215 graduation while inresidential and nonresidentialjuvenile 1216 justice detention, prevention, or day treatmenteducation1217 programs. Provisions must be made for the transfer of credits 1218 and partial credits earned. 1219 (10) School districts and juvenile justice education 1220 providers shall develop individualized transition plans during 1221 the course of a student’s stay in a juvenile justice education 1222 program to coordinate academic, career and technical, and 1223 secondary and postsecondary services that assist the student in 1224 successful community reintegration upon release. Development of 1225 the transition plan shall be a collaboration of the personnel in 1226 the juvenile justice education program, reentry personnel, 1227 personnel from the school district where the student will 1228 return, the student, the student’s family, and the Department of 1229 Juvenile Justicepersonnel for committed students. 1230 (a) Transition planning must begin upon a student’s 1231 placement in the program. The transition plan must include, at a 1232 minimum: 1233 1. Services and interventions that address the student’s 1234 assessed educational needs and postrelease education plans. 1235 2. Services to be provided during the program stay and 1236 services to be implemented upon release, including, but not 1237 limited to, continuing education in secondary school,CAPE1238programs,postsecondary education, or employment, based on the 1239 student’s needs. 1240 3. Specific monitoring responsibilities to determine 1241 whether the individualized transition plan is being implemented 1242 and the student is provided access to support services that will 1243 sustain the student’s success by individuals who are responsible 1244 for the reintegration and coordination of these activities. 1245 (b) For the purpose of transition planning and reentry 1246 services, representatives from the school district and the one 1247 stop center where the student will return shall participate as 1248 members of the local Department of Juvenile Justice reentry 1249 teams. The school district, upon return of a student from a 1250 juvenile justice education program, must consider the individual 1251 needs and circumstances of the student and the transition plan 1252 recommendations when reenrolling a student in a public school. A 1253 local school district may not maintain a standardized policy for 1254 all students returning from a juvenile justice program but place 1255 students based on their needs and their performance in the 1256 juvenile justice education program, including any virtual 1257 education options. 1258 (c) The Department of Education and the Department of 1259 Juvenile Justice shall provide oversight and guidance to school 1260 districts, education providers, and reentry personnel on how to 1261 implement effective educational transition planning and 1262 services. 1263 (11) The district school board shall recruit and train 1264 teachers who are interested, qualified, or experienced in 1265 educating students in juvenile justice programs. Students in 1266 juvenile justice programs shall be provided a wide range of 1267 education programs and opportunities including textbooks, 1268 technology, instructional support, and resources commensurate 1269 with resources provided to students in public schools, including 1270 textbooks and access to technology. If the district school board 1271 operates a juvenile justice education program at a juvenile 1272 justice facility, the district school board, in consultation 1273 with the director of the juvenile justice facility, shall select 1274 the instructional personnel assigned to that program. The 1275 Secretary of Juvenile Justice or the director of a juvenile 1276 justice program may request that the performance of a teacher 1277 assigned by the district to a juvenile justice education program 1278 be reviewed by the district and that the teacher be reassigned 1279 based upon an evaluation conducted pursuant to s. 1012.34 or for 1280 inappropriate behavior. Juvenile justice education programs 1281 shall have access to the substitute teacher pool used by the 1282 district school board. 1283 (12) District school boards may contract with a private 1284 provider for the provision of education programs to students 1285 placed in juvenile justice detention, prevention, or day 1286 treatment programs with the Department of Juvenile Justice and 1287 shall generate local, state, and federal funding, including 1288 funding through the Florida Education Finance Program for such 1289 students. The district school board’s planning and budgeting 1290 process shall include the needs of Department of Juvenile 1291 Justice education programs in the district school board’s plan 1292 for expenditures for state categorical and federal funds. 1293 (13)(a) Eligible students enrolled in juvenile justice 1294 education programs shall be funded the same as students enrolled 1295 in traditional public schools funded in the Florida Education 1296 Finance Program and as specified in s. 1011.62 and the General 1297 Appropriations Act. 1298 (b) Juvenile justice education programs to receive the 1299 appropriate FEFP funding for Department of Juvenile Justice 1300 education programs shall include those operated through a 1301 contract with the Department of Juvenile Justice. 1302 (c) Consistent with the rules of the State Board of 1303 Education, district school boards shall request an alternative 1304 FTE survey for Department of Juvenile Justice education programs 1305 experiencing fluctuations in student enrollment. 1306 (d) FTE count periods shall be prescribed in rules of the 1307 State Board of Education and shall be the same for programs of 1308 the Department of Juvenile Justice as for other public school 1309 programs. The summer school period for students in Department of 1310 Juvenile Justice education programs shall begin on the day 1311 immediately following the end of the regular school year and end 1312 on the day immediately preceding the subsequent regular school 1313 year. Students shall be funded for no more than 25 hours per 1314 week of direct instruction. 1315 (e) Each juvenile justice education program must receive 1316 all federal funds for which the program is eligible. 1317 (14) Each district school board shall negotiate a 1318 cooperative agreement with the Department of Juvenile Justice on 1319 the delivery of educational services to students in juvenile 1320 justice detention, prevention, or day treatment programs under 1321 the jurisdiction of the Department of Juvenile Justice. Such 1322 agreement must include, but is not limited to: 1323 (a) Roles and responsibilities of each agency, including 1324 the roles and responsibilities of contract providers. 1325 (b) Administrative issues including procedures for sharing 1326 information. 1327 (c) Allocation of resources including maximization of 1328 local, state, and federal funding. 1329 (d) Procedures for educational evaluation for educational 1330 exceptionalities and special needs. 1331 (e) Curriculum and delivery of instruction. 1332 (f) Classroom management procedures and attendance 1333 policies. 1334 (g) Procedures for provision of qualified instructional 1335 personnel, whether supplied by the district school board or 1336 provided under contract by the provider, and for performance of 1337 duties while in a juvenile justice setting. 1338 (h) Provisions for improving skills in teaching and working 1339 with students referred to juvenile justice education programs. 1340 (i) Transition plans for students moving into and out of 1341 juvenile justice education programs. 1342 (j) Procedures and timelines for the timely documentation 1343 of credits earned and transfer of student records. 1344 (k) Methods and procedures for dispute resolution. 1345 (l) Provisions for ensuring the safety of education 1346 personnel and support for the agreed-upon education program. 1347 (m) Strategies for correcting any deficiencies found 1348 through the accountability and evaluation system and student 1349 performance measures. 1350 (15) Nothing in this section or in a cooperative agreement 1351 requires the district school board to provide more services than 1352 can be supported by the funds generated by students in the 1353 juvenile justice programs. 1354 (16)The Department of Education, in consultation with the1355Department of Juvenile Justice, district school boards, and1356providers, shall adopt rules establishing:1357(a) Objective and measurable student performance measures1358to evaluate a student’s educational progress while participating1359in a prevention, day treatment, or residential program. The1360student performance measures must be based on appropriate1361outcomes for all students in juvenile justice education1362programs, taking into consideration the student’s length of stay1363in the program. Performance measures shall include outcomes that1364relate to student achievement of career education goals,1365acquisition of employability skills, receipt of a high school1366diploma or its equivalent, grade advancement, and the number of1367CAPE industry certifications earned.1368(b) A performance rating system to be used by the1369Department of Education to evaluate the delivery of educational1370services within each of the juvenile justice programs. The1371performance rating shall be primarily based on data regarding1372student performance as described in paragraph (a).1373(c) The timeframes, procedures, and resources to be used to1374improve a low-rated educational program or to terminate or1375reassign the program.1376(d) The Department of Education, in partnership with the1377Department of Juvenile Justice, shall develop a comprehensive1378accountability and program improvement process. The1379accountability and program improvement process shall be based on1380student performance measures by type of program and shall rate1381education program performance. The accountability system shall1382identify and recognize high-performing education programs. The1383Department of Education, in partnership with the Department of1384Juvenile Justice, shall identify low-performing programs. Low1385performing education programs shall receive an onsite program1386evaluation from the Department of Juvenile Justice. School1387improvement, technical assistance, or the reassignment of the1388program shall be based, in part, on the results of the program1389evaluation. Through a corrective action process, low-performing1390programs must demonstrate improvement or the programs shall be1391reassigned.1392(17) The department, in collaboration with the Department1393of Juvenile Justice, shall collect data and report on1394commitment, day treatment, prevention, and detention programs.1395The report shall be submitted to the President of the Senate,1396the Speaker of the House of Representatives, and the Governor by1397February 1 of each year. The report must include, at a minimum:1398(a) The number and percentage of students who:13991. Return to an alternative school, middle school, or high1400school upon release and the attendance rate of such students1401before and after participation in juvenile justice education1402programs.14032. Receive a standard high school diploma or a high school1404equivalency diploma.14053. Receive industry certification.14064. Enroll in a postsecondary educational institution.14075. Complete a juvenile justice education program without1408reoffending.14096. Reoffend within 1 year after completion of a day1410treatment or residential commitment program.14117. Remain employed 1 year after completion of a day1412treatment or residential commitment program.14138. Demonstrate learning gains pursuant to paragraph (3)(d).1414(b) The following cost data for each juvenile justice1415education program:14161. The amount of funding provided by district school boards1417to juvenile justice programs and the amount retained for1418administration, including documenting the purposes of such1419expenses.14202. The status of the development of cooperative agreements.14213. Recommendations for system improvement.14224. Information on the identification of, and services1423provided to, exceptional students, to determine whether these1424students are properly reported for funding and are appropriately1425served.1426(18)The district school board shall not be charged any 1427 rent, maintenance, utilities, or overhead on such facilities. 1428 Maintenance, repairs, and remodeling of existing facilities 1429 shall be provided by the Department of Juvenile Justice. 1430 (17)(19)When additional facilities are required in 1431 juvenile justice detention, prevention, or day treatment 1432 programs, the district school board and the Department of 1433 Juvenile Justice shall agree on the appropriate site based on 1434 the instructional needs of the students. When the most 1435 appropriate site for instruction is on district school board 1436 property, a special capital outlay request shall be made by the 1437 commissioner in accordance with s. 1013.60. When the most 1438 appropriate site is on state property, state capital outlay 1439 funds shall be requested by the Department of Juvenile Justice 1440 provided by s. 216.043 and shall be submitted as specified by s. 1441 216.023. Any instructional facility to be built on state 1442 property shall have educational specifications jointly developed 1443 by the district school board and the Department of Juvenile 1444 Justice and approved by the Department of Education. The size of 1445 space and occupant design capacity criteria as provided by State 1446 Board of Education rules shall be used for remodeling or new 1447 construction whether facilities are provided on state property 1448 or district school board property. 1449 (18)(20)The parent of an exceptional student shall have 1450 the due process rights provided for in this chapter. 1451 (19)(21)The State Board of Education shall adopt rules 1452 necessary to implement this section. Such rules must require the 1453 minimum amount of paperwork and reporting. 1454(22) The Department of Juvenile Justice and the Department1455of Education, in consultation with CareerSource Florida, Inc.,1456the statewide Workforce Development Youth Council, district1457school boards, Florida College System institutions, providers,1458and others, shall jointly develop a multiagency plan for CAPE1459which describes the funding, curriculum, transfer of credits,1460goals, and outcome measures for career education programming in1461juvenile commitment facilities, pursuant to s. 985.622. The plan1462must be reviewed annually.1463 Section 19. Paragraph (a) of subsection (2) of section 1464 330.41, Florida Statutes, is amended to read: 1465 330.41 Unmanned Aircraft Systems Act.— 1466 (2) DEFINITIONS.—As used in this act, the term: 1467 (a) “Critical infrastructure facility” means any of the 1468 following, if completely enclosed by a fence or other physical 1469 barrier that is obviously designed to exclude intruders, or if 1470 clearly marked with a sign or signs which indicate that entry is 1471 forbidden and which are posted on the property in a manner 1472 reasonably likely to come to the attention of intruders: 1473 1. A power generation or transmission facility, substation, 1474 switching station, or electrical control center. 1475 2. A chemical or rubber manufacturing or storage facility. 1476 3. A water intake structure, water treatment facility, 1477 wastewater treatment plant, or pump station. 1478 4. A mining facility. 1479 5. A natural gas or compressed gas compressor station, 1480 storage facility, or natural gas or compressed gas pipeline. 1481 6. A liquid natural gas or propane gas terminal or storage 1482 facility. 1483 7. Any portion of an aboveground oil or gas pipeline. 1484 8. A refinery. 1485 9. A gas processing plant, including a plant used in the 1486 processing, treatment, or fractionation of natural gas. 1487 10. A wireless communications facility, including the 1488 tower, antennae, support structures, and all associated ground 1489 based equipment. 1490 11. A seaport as listed in s. 311.09(1), which need not be 1491 completely enclosed by a fence or other physical barrier and 1492 need not be marked with a sign or signs indicating that entry is 1493 forbidden. 1494 12. An inland port or other facility or group of facilities 1495 serving as a point of intermodal transfer of freight in a 1496 specific area physically separated from a seaport. 1497 13. An airport as defined in s. 330.27. 1498 14. A spaceport territory as defined in s. 331.303(18). 1499 15. A military installation as defined in 10 U.S.C. s. 1500 2801(c)(4) and an armory as defined in s. 250.01. 1501 16. A dam as defined in s. 373.403(1) or other structures, 1502 such as locks, floodgates, or dikes, which are designed to 1503 maintain or control the level of navigable waterways. 1504 17. A state correctional institution as defined in s. 1505 944.02 or a private correctional facility authorized under 1506 chapter 957. 1507 18. A secure detention center or facility as defined in s. 1508 985.03, or a moderate-risknonsecureresidential facility, a 1509 high-risk residential facility, or a maximum-risk residential 1510 facility as those terms are described in s. 985.03(44). 1511 19. A county detention facility as defined in s. 951.23. 1512 20. A critical infrastructure facility as defined in s. 1513 692.201. 1514 Section 20. Paragraphs (c) and (j) of subsection (3), 1515 paragraph (a) of subsection (10), and paragraph (f) of 1516 subsection (12) of section 553.865, Florida Statutes, are 1517 amended to read: 1518 553.865 Private spaces.— 1519 (3) As used in this section, the term: 1520 (c) “Covered entity” means any: 1521 1. Correctional institution; 1522 2. Detention facility; 1523 3. Educational institution; 1524 4. Maximum-risk residential facilitiesJuvenile1525correctional facility or juvenile prisonas described in s. 1526 985.465, any detention center or facility designated by the 1527 Department of Juvenile Justice to provide secure detention as 1528 defined in s. 985.03(18)(a), and any facility used for a 1529 residential program as described in s. 985.03(44)s.1530985.03(44)(b), (c), or (d); or 1531 5. Public building. 1532 (j) “Public building” means a building comfort-conditioned 1533 for occupancy which is owned or leased by the state, a state 1534 agency, or a political subdivision. The term does not include a 1535 correctional institution, a detention facility, an educational 1536 institution, a maximum-risk residentialjuvenile correctional1537 facilityor juvenile prisonas described in s. 985.465, a 1538 detention center or facility designated by the Department of 1539 Juvenile Justice to provide secure detention as defined in s. 1540 985.03(18)(a), or any facility used for a residential program as 1541 described in s. 985.03(44)s. 985.03(44)(b), (c), or (d). 1542 (10)(a) Each maximum-risk residentialjuvenile correctional1543 facilityor juvenile prisonas described in s. 985.465, each 1544 detention center or facility designated by the Department of 1545 Juvenile Justice to provide secure detention as defined in s. 1546 985.03(18)(a), and each facility used for a residential program 1547 as described in s. 985.03(44)s. 985.03(44)(b), (c), or (d)1548 shall establish disciplinary procedures for any juvenile as 1549 defined in s. 985.03(7) who willfully enters, for a purpose 1550 other than those listed in subsection (6), a restroom or 1551 changing facility designated for the opposite sex in such 1552 juvenile correctional facility, juvenile prison, secure 1553 detention center or facility, or residential program facility 1554 and refuses to depart when asked to do so by delinquency program 1555 staff, detention staff, or residential program staff. 1556 (12) A covered entity that is: 1557 (f) A maximum-risk residentialjuvenile correctional1558 facilityor juvenile prisonas described in s. 985.465, a 1559 detention center or facility designated by the Department of 1560 Juvenile Justice to provide secure detention as defined in s. 1561 985.03(18)(a), or a facility used for a residential program as 1562 described in s. 985.03(44)s. 985.03(44)(b), (c), or (d)shall 1563 submit documentation to the Department of Juvenile Justice 1564 regarding compliance with subsections (4) and (5), as 1565 applicable, within 1 year after being established or, if such 1566 institution or facility was established before July 1, 2023, no 1567 later than April 1, 2024. 1568 Section 21. Paragraph (c) of subsection (18) of section 1569 1001.42, Florida Statutes, is amended to read: 1570 1001.42 Powers and duties of district school board.—The 1571 district school board, acting as a board, shall exercise all 1572 powers and perform all duties listed below: 1573 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 1574 Maintain a system of school improvement and education 1575 accountability as provided by statute and State Board of 1576 Education rule. This system of school improvement and education 1577 accountability shall be consistent with, and implemented 1578 through, the district’s continuing system of planning and 1579 budgeting required by this section and ss. 1008.385, 1010.01, 1580 and 1011.01. This system of school improvement and education 1581 accountability shall comply with the provisions of ss. 1008.33, 1582 1008.34, 1008.345, and 1008.385 and include the following: 1583 (c) Public disclosure.—The district school board shall 1584 provide information regarding the performance of students and 1585 educational programs as required pursuant to ss. 1008.22 and 1586 1008.385 and implement a system of school reports as required by 1587 statute and State Board of Education rule which shall include 1588 schools operating for the purpose of providing educational 1589 services to students in Department of Juvenile Justice programs,1590and for those schools, report on the elements specified in s.15911003.52(17). Annual public disclosure reports shall be in an 1592 easy-to-read report card format and shall include the school’s 1593 grade, high school graduation rate calculated without high 1594 school equivalency examinations, disaggregated by student 1595 ethnicity, and performance data as specified in state board 1596 rule. 1597 Section 22. For the purpose of incorporating the amendment 1598 made by this act to section 985.03, Florida Statutes, in a 1599 reference thereto, section 985.721, Florida Statutes, is 1600 reenacted to read: 1601 985.721 Escapes from secure detention or residential 1602 commitment facility.—An escape from: 1603 (1) Any secure detention facility maintained for the 1604 temporary detention of children, pending adjudication, 1605 disposition, or placement; 1606 (2) Any residential commitment facility described in s. 1607 985.03(44), maintained for the custody, treatment, punishment, 1608 or rehabilitation of children found to have committed delinquent 1609 acts or violations of law; or 1610 (3) Lawful transportation to or from any such secure 1611 detention facility or residential commitment facility, 1612 1613 constitutes escape within the intent and meaning of s. 944.40 1614 and is a felony of the third degree, punishable as provided in 1615 s. 775.082, s. 775.083, or s. 775.084. 1616 Section 23. For the purpose of incorporating the amendment 1617 made by this act to section 985.115, Florida Statutes, in a 1618 reference thereto, subsection (1) of section 985.25, Florida 1619 Statutes, is reenacted to read: 1620 985.25 Detention intake.— 1621 (1) The department shall receive custody of a child who has 1622 been taken into custody from the law enforcement agency or court 1623 and shall review the facts in the law enforcement report or 1624 probable cause affidavit and make such further inquiry as may be 1625 necessary to determine whether detention care is appropriate. 1626 (a) During the period of time from the taking of the child 1627 into custody to the date of the detention hearing, the initial 1628 decision as to the child’s placement into detention care shall 1629 be made by the department under ss. 985.24 and 985.245(1). 1630 (b) The department shall base the decision whether to place 1631 the child into detention care on an assessment of risk in 1632 accordance with the risk assessment instrument and procedures 1633 developed by the department under s. 985.245, except that a 1634 child shall be placed in secure detention care until the child’s 1635 detention hearing if the child meets the criteria specified in 1636 s. 985.255(1)(f), is charged with possessing or discharging a 1637 firearm on school property in violation of s. 790.115, or is 1638 charged with any other offense involving the possession or use 1639 of a firearm. 1640 (c) If the final score on the child’s risk assessment 1641 instrument indicates detention care is appropriate, but the 1642 department otherwise determines the child should be released, 1643 the department shall contact the state attorney, who may 1644 authorize release. 1645 (d) If the final score on the risk assessment instrument 1646 indicates detention is not appropriate, the child may be 1647 released by the department in accordance with ss. 985.115 and 1648 985.13. 1649 1650 Under no circumstances shall the department or the state 1651 attorney or law enforcement officer authorize the detention of 1652 any child in a jail or other facility intended or used for the 1653 detention of adults, without an order of the court. 1654 Section 24. For the purpose of incorporating the amendment 1655 made by this act to section 985.27, Florida Statutes, in a 1656 reference thereto, subsection (3) of section 985.255, Florida 1657 Statutes, is reenacted to read: 1658 985.255 Detention criteria; detention hearing.— 1659 (3)(a) The purpose of the detention hearing required under 1660 subsection (1) is to determine the existence of probable cause 1661 that the child has committed the delinquent act or violation of 1662 law that he or she is charged with and the need for continued 1663 detention. The court shall use the results of the risk 1664 assessment performed by the department and, based on the 1665 criteria in subsection (1), shall determine the need for 1666 continued detention. If the child is a prolific juvenile 1667 offender who is detained under s. 985.26(2)(c), the court shall 1668 use the results of the risk assessment performed by the 1669 department and the criteria in subsection (1) or subsection (2) 1670 only to determine whether the prolific juvenile offender should 1671 be held in secure detention. 1672 (b) If the court orders a placement more restrictive than 1673 indicated by the results of the risk assessment instrument, the 1674 court shall state, in writing, clear and convincing reasons for 1675 such placement. 1676 (c) Except as provided in s. 790.22(8) or s. 985.27, when a 1677 child is placed into detention care, or into a respite home or 1678 other placement pursuant to a court order following a hearing, 1679 the court order must include specific instructions that direct 1680 the release of the child from such placement no later than 5 1681 p.m. on the last day of the detention period specified in s. 1682 985.26 or s. 985.27, whichever is applicable, unless the 1683 requirements of such applicable provision have been met or an 1684 order of continuance has been granted under s. 985.26(4). If the 1685 court order does not include a release date, the release date 1686 shall be requested from the court on the same date that the 1687 child is placed in detention care. If a subsequent hearing is 1688 needed to provide additional information to the court for safety 1689 planning, the initial order placing the child in detention care 1690 shall reflect the next detention review hearing, which shall be 1691 held within 3 calendar days after the child’s initial detention 1692 placement. 1693 Section 25. For the purpose of incorporating the amendment 1694 made by this act to section 985.441, Florida Statutes, in a 1695 reference thereto, paragraph (h) of subsection (2) of section 1696 985.475, Florida Statutes, is reenacted to read: 1697 985.475 Juvenile sexual offenders.— 1698 (2) Following a delinquency adjudicatory hearing under s. 1699 985.35, the court may on its own or upon request by the state or 1700 the department and subject to specific appropriation, determine 1701 whether a juvenile sexual offender placement is required for the 1702 protection of the public and what would be the best approach to 1703 address the treatment needs of the juvenile sexual offender. 1704 When the court determines that a juvenile has no history of a 1705 recent comprehensive assessment focused on sexually deviant 1706 behavior, the court may, subject to specific appropriation, 1707 order the department to conduct or arrange for an examination to 1708 determine whether the juvenile sexual offender is amenable to 1709 community-based treatment. 1710 (h) If the juvenile sexual offender violates any condition 1711 of the disposition or the court finds that the juvenile sexual 1712 offender is failing to make satisfactory progress in treatment, 1713 the court may revoke the community-based treatment alternative 1714 and order commitment to the department under s. 985.441. 1715 Section 26. For the purpose of incorporating the amendment 1716 made by this act to section 985.441, Florida Statutes, in a 1717 reference thereto, paragraph (b) of subsection (4) of section 1718 985.565, Florida Statutes, is reenacted to read: 1719 985.565 Sentencing powers; procedures; alternatives for 1720 juveniles prosecuted as adults.— 1721 (4) SENTENCING ALTERNATIVES.— 1722 (b) Juvenile sanctions.—For juveniles transferred to adult 1723 court but who do not qualify for such transfer under s. 1724 985.556(3), the court may impose juvenile sanctions under this 1725 paragraph. If juvenile sentences are imposed, the court shall, 1726 under this paragraph, adjudge the child to have committed a 1727 delinquent act. Adjudication of delinquency may not be deemed a 1728 conviction, nor shall it operate to impose any of the civil 1729 disabilities ordinarily resulting from a conviction. The court 1730 shall impose an adult sanction or a juvenile sanction and may 1731 not sentence the child to a combination of adult and juvenile 1732 punishments. An adult sanction or a juvenile sanction may 1733 include enforcement of an order of restitution or probation 1734 previously ordered in any juvenile proceeding. However, if the 1735 court imposes a juvenile sanction and the department determines 1736 that the sanction is unsuitable for the child, the department 1737 shall return custody of the child to the sentencing court for 1738 further proceedings, including the imposition of adult 1739 sanctions. Upon adjudicating a child delinquent under subsection 1740 (1), the court may: 1741 1. Place the child in a probation program under the 1742 supervision of the department for an indeterminate period of 1743 time until the child reaches the age of 19 years or sooner if 1744 discharged by order of the court. 1745 2. Commit the child to the department for treatment in an 1746 appropriate program for children for an indeterminate period of 1747 time until the child is 21 or sooner if discharged by the 1748 department. The department shall notify the court of its intent 1749 to discharge no later than 14 days before discharge. Failure of 1750 the court to timely respond to the department’s notice shall be 1751 considered approval for discharge. 1752 3. Order disposition under ss. 985.435, 985.437, 985.439, 1753 985.441, 985.45, and 985.455 as an alternative to youthful 1754 offender or adult sentencing if the court determines not to 1755 impose youthful offender or adult sanctions. 1756 1757 It is the intent of the Legislature that the criteria and 1758 guidelines in this subsection are mandatory and that a 1759 determination of disposition under this subsection is subject to 1760 the right of the child to appellate review under s. 985.534. 1761 Section 27. This act shall take effect July 1, 2024.