Bill Text: FL S1352 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Comm_Sub.html
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-01 - Laid on Table, refer to CS/HB 1425 [S1352 Detail]
Download: Florida-2024-S1352-Comm_Sub.html
Florida Senate - 2024 CS for SB 1352 By the Appropriations Committee on Criminal and Civil Justice; and Senator Bradley 604-03135-24 20241352c1 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. 985.619, 60 F.S.; providing the board of trustees of the Florida 61 Scholars Academy the power and duty to review and 62 approve an annual academic calendar; authorizing the 63 board of trustees to decrease the minimum number of 64 days for instruction; amending s. 985.664, F.S.; 65 requiring, rather than authorizing, each judicial 66 circuit to have a juvenile justice circuit advisory 67 board; requiring the juvenile justice circuit advisory 68 board to work with the chief probation officer of the 69 circuit to use data to inform policy and practices 70 that better improve the juvenile justice continuum; 71 deleting provisions relating to the juvenile justice 72 circuit advisory board’s purpose, duties, and 73 responsibilities; decreasing the minimum number of 74 members that each juvenile justice circuit advisory 75 board is required to have; requiring that each member 76 of the juvenile justice circuit advisory board be 77 approved by the chief probation officer of the 78 circuit, rather than the Secretary of Juvenile 79 Justice; requiring the chief probation officer in each 80 circuit to serve as the chair of the juvenile justice 81 circuit advisory board for that circuit; deleting 82 provisions relating to board membership and vacancies; 83 deleting provisions relating to quorums and the 84 passing of measures; deleting provisions requiring the 85 establishment of executive committees and having 86 bylaws; amending s. 985.676, F.S.; revising the 87 required contents of a grant proposal applicants must 88 submit to be considered for funding from an annual 89 community juvenile justice partnership grant; 90 requiring the department to consider the 91 recommendations of community stakeholders, rather than 92 the juvenile justice circuit advisory board, as to 93 certain priorities; deleting the juvenile justice 94 circuit advisory board from the entities to which each 95 awarded grantee is required to submit an annual 96 evaluation report; conforming a provision to changes 97 made by the act; amending s. 1003.01, F.S.; revising 98 the definition of the term “juvenile justice education 99 programs or schools”; amending s. 1003.51, F.S.; 100 revising requirements for certain State Board of 101 Education rules to establish policies and standards 102 for certain education programs; revising requirements 103 for the Department of Education, in partnership with 104 the Department of Juvenile Justice, the district 105 school boards, and education providers, to develop and 106 implements certain contract requirements and to 107 maintain standardized required content of education 108 records; revising district school board requirements; 109 revising departmental requirements relating to 110 juvenile justice education programs; amending s. 111 1003.52, F.S.; revising the role of Coordinators for 112 Juvenile Justice Education Programs in collecting 113 certain information and developing certain protocols; 114 deleting provisions relating to career and 115 professional education (CAPE); requiring district 116 school boards to select appropriate academic and 117 career assessments to be administered at the time of 118 program entry and exit; deleting provisions related to 119 requiring residential juvenile justice education 120 programs to provide certain CAPE courses; requiring 121 each district school board to make provisions for high 122 school level students to earn credits toward high 123 school graduation while in juvenile justice detention, 124 prevention, or day treatment programs; authorizing 125 district school boards to contract with private 126 providers for the provision of education programs to 127 students placed in such programs; requiring each 128 district school board to negotiate a cooperative 129 agreement with the department on the delivery of 130 educational services to students in such programs; 131 revising requirements for such agreements; deleting 132 provisions requiring the Department of Education, in 133 consultation with the Department of Juvenile Justice, 134 to adopt rules and collect data and report on certain 135 programs; deleting a provision requiring that 136 specified entities jointly develop a multiagency plan 137 for CAPE; conforming provisions to changes made by the 138 act; amending s. 330.41, F.S.; conforming a provision 139 to changes made by the act; amending s. 553.865, F.S.; 140 conforming cross-references and provisions to changes 141 made by the act; amending s. 1001.42, F.S.; conforming 142 a provision to changes made by the act; reenacting s. 143 985.721, F.S., relating to escapes from secure 144 detention or residential commitment facilities, to 145 incorporate the amendment made to s. 985.03, F.S., in 146 a reference thereto; reenacting s. 985.25(1), F.S., 147 relating to detention intakes, to incorporate the 148 amendment made to s. 985.115, F.S., in a reference 149 thereto; reenacting s. 985.255(3), F.S., relating to 150 detention criteria and detention hearings, to 151 incorporate the amendment made to s. 985.27, F.S., in 152 a reference thereto; reenacting ss. 985.475(2)(h) and 153 985.565(4)(b), F.S., relating to juvenile sexual 154 offenders and juvenile sanctions, respectively, to 155 incorporate the amendment made to s. 985.441, F.S., in 156 references thereto; providing an effective date. 157 158 Be It Enacted by the Legislature of the State of Florida: 159 160 Section 1. Subsection (4) of section 381.887, Florida 161 Statutes, is amended to read: 162 381.887 Emergency treatment for suspected opioid overdose.— 163 (4) The following persons are authorized to possess, store, 164 and administer emergency opioid antagonists as clinically 165 indicated and are immune from any civil liability or criminal 166 liability as a result of administering an emergency opioid 167 antagonist: 168 (a) Emergency responders, including, but not limited to, 169 law enforcement officers, paramedics, and emergency medical 170 technicians. 171 (b) Crime laboratory personnel for the statewide criminal 172 analysis laboratory system as described in s. 943.32, including, 173 but not limited to, analysts, evidence intake personnel, and 174 their supervisors. 175 (c) Personnel of a law enforcement agency or an other 176 agency, including, but not limited to, correctional probation 177 officers and child protective investigators who, while acting 178 within the scope or course of employment, come into contact with 179 a controlled substance or persons at risk of experiencing an 180 opioid overdose. 181 (d) Personnel of the Department of Juvenile Justice and of 182 any contracted provider with direct contact with youth 183 authorized under chapter 984 or chapter 985. 184 Section 2. Subsection (4) of section 790.22, Florida 185 Statutes, is amended to read: 186 790.22 Use of BB guns, air or gas-operated guns, or 187 electric weapons or devices by minor under 16; limitation; 188 possession of firearms by minor under 18 prohibited; penalties.— 189 (4)(a) Any parent or guardian of a minor, or other adult 190 responsible for the welfare of a minor, who knowingly and 191 willfully permits the minor to possess a firearm in violation of 192 subsection (3) commits a felony of the third degree, punishable 193 as provided in s. 775.082, s. 775.083, or s. 775.084. 194 (b) Any natural parent or adoptive parent, whether 195 custodial or noncustodial, or any legal guardian or legal 196 custodian of a minor, if that minor possesses a firearm in 197 violation of subsection (3) may, if the court finds it 198 appropriate, be required to participate in classes on parenting 199 education which are approved by the Department of Juvenile 200 Justice, upon the first conviction of the minor. Upon any 201 subsequent conviction of the minor, the court may, if the court 202 finds it appropriate, require the parent to attend further 203 parent education classes or render community service hours 204 together with the child. 205 (c) Thejuvenile justice circuit advisory boards or the206 Department of Juvenile Justice shall establish appropriate 207 community service programs to be available to the alternative 208 sanctions coordinators of the circuit courts in implementing 209 this subsection. The boards or department shall propose the 210 implementation of a community service program in each circuit, 211 and may submit a circuit plan, to be implemented upon approval 212 of the circuit alternative sanctions coordinator. 213 (d) For the purposes of this section, community service may 214 be provided on public property as well as on private property 215 with the expressed permission of the property owner. Any 216 community service provided on private property is limited to 217 such things as removal of graffiti and restoration of vandalized 218 property. 219 Section 3. Subsection (4) of section 938.17, Florida 220 Statutes, is amended to read: 221 938.17 County delinquency prevention; juvenile assessment 222 centers and school board suspension programs.— 223 (4) A sheriff’s office that receives proceeds pursuant to 224 s. 939.185 shall account for all funds annually by August 1 in a 225 written report to the Department of Juvenile Justicejuvenile226justice circuit advisory boardif funds are used for assessment 227 centers, and to the district school board if funds are used for 228 suspension programs. 229 Section 4. Subsection (2) of section 948.51, Florida 230 Statutes, is amended to read: 231 948.51 Community corrections assistance to counties or 232 county consortiums.— 233 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A 234 county, or a consortium of two or more counties, may contract 235 with the Department of Corrections for community corrections 236 funds as provided in this section. In order to enter into a 237 community corrections partnership contract, a county or county 238 consortium must have a public safety coordinating council 239 established under s. 951.26 and must designate a county officer 240 or agency to be responsible for administering community 241 corrections funds received from the state. The public safety 242 coordinating council shall prepare, develop, and implement a 243 comprehensive public safety plan for the county, or the 244 geographic area represented by the county consortium, and shall 245 submit an annual report to the Department of Corrections 246 concerning the status of the program. In preparing the 247 comprehensive public safety plan, the public safety coordinating 248 council shall cooperate with the Department of Juvenile Justice 249juvenile justice circuit advisory board established under s.250985.664in order to include programs and services for juveniles 251 in the plan. To be eligible for community corrections funds 252 under the contract, the initial public safety plan must be 253 approved by the governing board of the county, or the governing 254 board of each county within the consortium, and the Secretary of 255 Corrections based on the requirements of this section. If one or 256 more other counties develop a unified public safety plan, the 257 public safety coordinating council shall submit a single 258 application to the department for funding. Continued contract 259 funding shall be pursuant to subsection (5). The plan for a 260 county or county consortium must cover at least a 5-year period 261 and must include: 262 (a) A description of programs offered for the job placement 263 and treatment of offenders in the community. 264 (b) A specification of community-based intermediate 265 sentencing options to be offered and the types and number of 266 offenders to be included in each program. 267 (c) Specific goals and objectives for reducing the 268 projected percentage of commitments to the state prison system 269 of persons with low total sentencing scores pursuant to the 270 Criminal Punishment Code. 271 (d) Specific evidence of the population status of all 272 programs which are part of the plan, which evidence establishes 273 that such programs do not include offenders who otherwise would 274 have been on a less intensive form of community supervision. 275 (e) The assessment of population status by the public 276 safety coordinating council of all correctional facilities owned 277 or contracted for by the county or by each county within the 278 consortium. 279 (f) The assessment of bed space that is available for 280 substance abuse intervention and treatment programs and the 281 assessment of offenders in need of treatment who are committed 282 to each correctional facility owned or contracted for by the 283 county or by each county within the consortium. 284 (g) A description of program costs and sources of funds for 285 each community corrections program, including community 286 corrections funds, loans, state assistance, and other financial 287 assistance. 288 Section 5. Subsections (1) and (7) of section 985.02, 289 Florida Statutes, are amended to read: 290 985.02 Legislative intent for the juvenile justice system.— 291 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 292 the Legislature that the children of this state be provided with 293 the following protections: 294 (a) Protection from abuse, neglect, and exploitation. 295 (b) A permanent and stable home. 296 (c) A safe and nurturing environment which will preserve a 297 sense of personal dignity and integrity. 298 (d) Adequate nutrition, shelter, and clothing. 299 (e) Effective treatment to address physical, social, and 300 emotional needs, regardless of geographical location. 301 (f) Equal opportunity and access to quality and effective 302 education, which will meet the individual needs of each child, 303 and to recreation and other community resources to develop 304 individual abilities. 305 (g) Access to prevention programs and services. 306 (h) Sex-specificGender-specificprogramming and sex 307 specificgender-specificprogram models and services that 308 comprehensively address the needs of either sexa targeted309gender group. 310 (7) SEX-SPECIFICGENDER-SPECIFICPROGRAMMING.— 311 (a) The Legislature finds that the needs of children served 312 by the juvenile justice system are sex-specificgender-specific. 313 A sex-specificgender-specificapproach is one in which 314 programs, services, and treatments comprehensively address the 315 unique developmental needs of either sexa targeted gender group316 under the care of the department. Young women and men have 317 different pathways to delinquency, display different patterns of 318 offending, and respond differently to interventions, treatment, 319 and services. 320 (b) Sex-specificGender-specificinterventions focus on the 321 differences between young females’ and young males’ social roles 322 and responsibilities, access to and use of resources, history of 323 trauma, and reasons for interaction with the juvenile justice 324 system. Sex-specificGender-specificprograms increase the 325 effectiveness of programs by making interventions more 326 appropriate to the specific needs of young women and men and 327 ensuring that these programs do not unknowingly create, 328 maintain, or reinforce sexgenderroles or relations that may be 329 damaging. 330 Section 6. Present subsections (46) through (54) of section 331 985.03, Florida Statutes, are redesignated as subsections (47) 332 through (55), respectively, a new subsection (46) is added to 333 that section, and subsections (14) and (44) and present 334 subsection (50) of that section are amended, to read: 335 985.03 Definitions.—As used in this chapter, the term: 336 (14) “Day treatment” means a nonresidential, community 337 based program designed to provide therapeutic intervention to 338 youth who are served by the department or,placed on probation 339 or conditional release, or committed to the minimum-risk340nonresidential level. A day treatment program may provide 341 educational and career and technical education services and 342 shall provide case management services; individual, group, and 343 family counseling; training designed to address delinquency risk 344 factors; and monitoring of a youth’s compliance with, and 345 facilitation of a youth’s completion of, sanctions if ordered by 346 the court. Program types may include, but are not limited to, 347 career programs, marine programs, juvenile justice alternative 348 schools, training and rehabilitation programs, and sex-specific 349gender-specificprograms. 350 (44) “Restrictiveness level” means the level of programming 351 and security provided by programs that service the supervision, 352 custody, care, and treatment needs of committed children. 353 Sections 985.601(10) and 985.721 apply to children placed in 354 programs at any residential commitment level. The 355 restrictiveness levels of commitment are as follows: 356 (a)Minimum-risk nonresidential.—Programs or program models357at this commitment level work with youth who remain in the358community and participate at least 5 days per week in a day359treatment program. Youth assessed and classified for programs at360this commitment level represent a minimum risk to themselves and361public safety and do not require placement and services in362residential settings. Youth in this level have full access to,363and reside in, the community. Youth who have been found to have364committed delinquent acts that involve firearms, that are sexual365offenses, or that would be life felonies or first degree366felonies if committed by an adult may not be committed to a367program at this level.368(b)Moderate-riskNonsecureresidential.—Programs or 369 program models at this commitment level are residential but may 370 allow youth to have supervised access to the community. 371 Facilities at this commitment level are either environmentally 372 secure, staff secure, or are hardware-secure with walls, 373 fencing, or locking doors. Residential facilities at this 374 commitment level shall have no more than 90 beds each, including 375 campus-style programs, unless those campus-style programs 376 include more than one treatment program using different 377 treatment protocols, and have facilities that coexist separately 378 in distinct locations on the same property. Facilities at this 379 commitment level shall provide 24-hour awake supervision, 380 custody, care, and treatment of residents. Youth assessed and 381 classified for placement in programs at this commitment level 382 represent a low or moderate risk to public safety and require 383 close supervision. The staff at a facility at this commitment 384 level may seclude a child who is a physical threat to himself or 385 herself or others. Mechanical restraint may also be used when 386 necessary. 387 (b)(c)High-risk residential.—Programs or program models at 388 this commitment level are residential and do not allow youth to 389 have access to the community, except that temporary release 390 providing community access for up to 72 continuous hours may be 391 approved by a court for a youth who has made successful progress 392 in his or her program in order for the youth to attend a family 393 emergency or, during the final 60 days of his or her placement, 394 to visit his or her home, enroll in school or a career and 395 technical education program, complete a job interview, or 396 participate in a community service project. High-risk 397 residential facilities are hardware-secure with perimeter 398 fencing and locking doors. Residential facilities at this 399 commitment level shall have no more than 90 beds each, including 400 campus-style programs, unless those campus-style programs 401 include more than one treatment program using different 402 treatment protocols, and have facilities that coexist separately 403 in distinct locations on the same property. Facilities at this 404 commitment level shall provide 24-hour awake supervision, 405 custody, care, and treatment of residents. Youth assessed and 406 classified for this level of placement require close supervision 407 in a structured residential setting. Placement in programs at 408 this level is prompted by a concern for public safety that 409 outweighs placement in programs at lower commitment levels. The 410 staff at a facility at this commitment level may seclude a child 411 who is a physical threat to himself or herself or others. 412 Mechanical restraint may also be used when necessary. The 413 facility may provide for single cell occupancy, except that 414 youth may be housed together during prerelease transition. 415 (c)(d)Maximum-risk residential.—Programs or program models416at this commitment level include juvenile correctional417facilities and juvenile prisons.The programs at this commitment 418 level are long-term residential and do not allow youth to have 419 access to the community. Facilities at this commitment level are 420 maximum-custody, hardware-secure with perimeter security fencing 421 and locking doors. Residential facilities at this commitment 422 level shall have no more than 90 beds each, including campus 423 style programs, unless those campus-style programs include more 424 than one treatment program using different treatment protocols, 425 and have facilities that coexist separately in distinct 426 locations on the same property. Facilities at this commitment 427 level shall provide 24-hour awake supervision, custody, care, 428 and treatment of residents. The staff at a facility at this 429 commitment level may seclude a child who is a physical threat to 430 himself or herself or others. Mechanical restraint may also be 431 used when necessary. Facilities at this commitment level shall 432 provide for single cell occupancy, except that youth may be 433 housed together during prerelease transition. Youth assessed and 434 classified for this level of placement require close supervision 435 in a maximum security residential setting. Placement in a 436 program at this level is prompted by a demonstrated need to 437 protect the public. 438 (46) “Sex” has the same meaning as in s. 553.865. 439 (51)(50)“Temporary release” means the terms and conditions 440 under which a child is temporarily released from a residential 441 commitment facility or allowed home visits. If the temporary 442 release is from a moderate-risknonsecureresidential facility, 443 a high-risk residential facility, or a maximum-risk residential 444 facility, the terms and conditions of the temporary release must 445 be approved by the child, the court, and the facility. 446 Section 7. Subsection (2) of section 985.115, Florida 447 Statutes, is amended to read: 448 985.115 Release or delivery from custody.— 449 (2) Unless otherwise ordered by the court under s. 985.255 450 or s. 985.26, and unless there is a need to hold the child, a 451 person taking a child into custody shall attempt to release the 452 child as follows: 453 (a) To the child’s parent, guardian, or legal custodian or, 454 if the child’s parent, guardian, or legal custodian is 455 unavailable, unwilling, or unable to provide supervision for the 456 child, to any responsible adult. Prior to releasing the child to 457 a responsible adult, other than the parent, guardian, or legal 458 custodian, the person taking the child into custody may conduct 459 a criminal history background check of the person to whom the 460 child is to be released. If the person has a prior felony 461 conviction, or a conviction for child abuse, drug trafficking, 462 or prostitution, that person is not a responsible adult for the 463 purposes of this section. The person to whom the child is 464 released shall agree to inform the department or the person 465 releasing the child of the child’s subsequent change of address 466 and to produce the child in court at such time as the court may 467 direct, and the child shall join in the agreement. 468 (b) Contingent upon specific appropriation, to a shelter 469 approved by the department or to an authorized agent. 470 (c) If the child is believed to be suffering from a serious 471 physical condition which requires either prompt diagnosis or 472 prompt treatment, to a law enforcement officer who shall deliver 473 the child to a hospital for necessary evaluation and treatment. 474 (d) If the child is believed to be mentally ill as defined 475 in s. 394.463(1), to a law enforcement officer who shall take 476 the child to a designated public receiving facility as defined 477 in s. 394.455 for examination under s. 394.463. 478 (e) If the child appears to be intoxicated and has 479 threatened, attempted, or inflicted physical harm on himself or 480 herself or another, or is incapacitated by substance abuse, to a 481 law enforcement officer who shall deliver the child to a 482 hospital, addictions receiving facility, or treatment resource. 483 (f) If available, to a juvenile assessment center equipped 484 and staffed to assume custody of the child for the purpose of 485 assessing the needs of the child in custody. The center may then 486 release or deliver the child under this section with a copy of 487 the assessment. A juvenile assessment center may not be 488 considered a facility that can receive a child under paragraph 489 (c), paragraph (d), or paragraph (e). 490 Section 8. Subsections (3) and (4) of section 985.126, 491 Florida Statutes, are amended to read: 492 985.126 Diversion programs; data collection; denial of 493 participation or expunged record.— 494 (3)(a) Beginning October 1, 2018, each diversion program 495 shall submit data to the department which identifies for each 496 minor participating in the diversion program: 497 1. The race, ethnicity, sexgender, and age of that minor. 498 2. The offense committed, including the specific law 499 establishing the offense. 500 3. The judicial circuit and county in which the offense was 501 committed and the law enforcement agency that had contact with 502 the minor for the offense. 503 4. Other demographic information necessary to properly 504 register a case into the Juvenile Justice Information System 505 Prevention Web, as specified by the department. 506 (b) Beginning October 1, 2018, each law enforcement agency 507 shall submit to the department data that identifies for each 508 minor who was eligible for a diversion program, but was instead 509 referred to the department, provided a notice to appear, or 510 arrested: 511 1. The data required pursuant to paragraph (a). 512 2. Whether the minor was offered the opportunity to 513 participate in a diversion program. If the minor was: 514 a. Not offered such opportunity, the reason such offer was 515 not made. 516 b. Offered such opportunity, whether the minor or his or 517 her parent or legal guardian declined to participate in the 518 diversion program. 519 (c) The data required pursuant to paragraph (a) shall be 520 entered into the Juvenile Justice Information System Prevention 521 Web within 7 days after the youth’s admission into the program. 522 (d) The data required pursuant to paragraph (b) shall be 523 submitted on or with the arrest affidavit or notice to appear. 524 (4) Beginning January 1, 2019, the department shall compile 525 and semiannually publish the data required by subsection (3) on 526 the department’s website in a format that is, at a minimum, 527 sortable by judicial circuit, county, law enforcement agency, 528 race, ethnicity, sexgender, age, and offense committed. 529 Section 9. Subsection (3) of section 985.17, Florida 530 Statutes, is amended to read: 531 985.17 Prevention services.— 532 (3) The department’s prevention services for youth at risk 533 of becoming delinquent should: 534 (a) Focus on preventing initial or further involvement of 535 such youth in the juvenile justice system by including services 536 such as literacy services, sex-specificgender-specific537 programming, recreational services, and after-school services, 538 and should include targeted services to troubled, truant, 539 ungovernable, abused, trafficked, or runaway youth. To decrease 540 the likelihood that a youth will commit a delinquent act, the 541 department should use mentoring and may provide specialized 542 services addressing the strengthening of families, job training, 543 and substance abuse. 544 (b) Address the multiple needs of such youth in order to 545 decrease the prevalence of disproportionate minority 546 representation in the juvenile justice system. 547 Section 10. Paragraph (a) of subsection (2) of section 548 985.26, Florida Statutes, is amended to read: 549 985.26 Length of detention.— 550 (2)(a)1. A court may order a child to be placed on 551 supervised release detention care for any time period until an 552 adjudicatory hearing is completed. However, if a child has 553 served 60 days on supervised release detention care, the court 554 must conduct a hearing within 15 days after the 60th day, to 555 determine the need for continued supervised release detention 556 care. At the hearing, and upon good cause being shown that the 557 nature of the charge requires additional time for the 558 prosecution or defense of the case or that the totality of the 559 circumstances, including the preservation of public safety, 560 warrants an extension, the court may order the child to remain 561 on supervised release detention care until the adjudicatory 562 hearing is completed. 563 2. Except as provided in paragraph (b) or paragraph (c), a 564 child may not be held in secure detention care under a special 565 detention order for more than 21 days unless an adjudicatory 566 hearing for the case has been commenced in good faith by the 567 court. 568 3. This section does not prohibit a court from 569 transitioning a child to and from secure detention care and 570 supervised release detention care, including electronic 571 monitoring, when the court finds such a placement necessary, or 572 no longer necessary, to preserve public safety or to ensure the 573 child’s safety, appearance in court, or compliance with a court 574 order. Such transition may be initiated upon the court’s own 575 motion, or upon a motion of the child or of the state, and after 576 considering any information provided by the department regarding 577 the child’s adjustment to detention supervision. Each period of 578 secure detention care or supervised release detention care 579 counts toward the time limitations in this subsection whether 580 served consecutively or nonconsecutively. 581 Section 11. Section 985.27, Florida Statutes, is amended to 582 read: 583 985.27 Postdisposition detention while awaiting residential 584 commitment placement.—The court must place all children who are 585 adjudicated and awaiting placement in a moderate-risknonsecure, 586 high-risk, or maximum-risk residential commitment program in 587 secure detention care until the placement or commitment is 588 accomplished. 589 Section 12. Subsection (2) of section 985.441, Florida 590 Statutes, is amended, and paragraph (b) of subsection (1) and 591 subsection (4) of that section are reenacted, to read: 592 985.441 Commitment.— 593 (1) The court that has jurisdiction of an adjudicated 594 delinquent child may, by an order stating the facts upon which a 595 determination of a sanction and rehabilitative program was made 596 at the disposition hearing: 597 (b) Commit the child to the department at a restrictiveness 598 level defined in s. 985.03. Such commitment must be for the 599 purpose of exercising active control over the child, including, 600 but not limited to, custody, care, training, monitoring for 601 substance abuse, electronic monitoring, and treatment of the 602 child and release of the child from residential commitment into 603 the community in a postcommitment nonresidential conditional 604 release program. If the child is not successful in the 605 conditional release program, the department may use the transfer 606 procedure under subsection (4). 607 (2) Notwithstanding subsection (1), the court having 608 jurisdiction over an adjudicated delinquent child whose offense 609 is a misdemeanor, or a child who is currently on probation for a 610 misdemeanor, may not commit the child for any misdemeanor 611 offense or any probation violation that is technical in nature 612 and not a new violation of law at a restrictiveness level other 613 than minimum-risk nonresidential. However, the court may commit 614 such child to a moderate-risknonsecureresidential placement 615 if: 616 (a) The child has previously been adjudicated or had 617 adjudication withheld for a felony offense; 618 (b) The child has previously been adjudicated or had 619 adjudication withheld for three or more misdemeanor offenses 620 within the previous 18 months; 621 (c) The child is before the court for disposition for a 622 violation of s. 800.03, s. 806.031, or s. 828.12; or 623 (d) The court finds by a preponderance of the evidence that 624 the protection of the public requires such placement or that the 625 particular needs of the child would be best served by such 626 placement. Such finding must be in writing. 627 (4) The department may transfer a child, when necessary to 628 appropriately administer the child’s commitment, from one 629 facility or program to another facility or program operated, 630 contracted, subcontracted, or designated by the department, 631 including a postcommitment nonresidential conditional release 632 program, except that the department may not transfer any child 633 adjudicated solely for a misdemeanor to a residential program 634 except as provided in subsection (2). The department shall 635 notify the court that committed the child to the department and 636 any attorney of record for the child, in writing, of its intent 637 to transfer the child from a commitment facility or program to 638 another facility or program of a higher or lower restrictiveness 639 level. If the child is under the jurisdiction of a dependency 640 court, the department shall also provide notice to the 641 dependency court and the Department of Children and Families, 642 and, if appointed, the Guardian Ad Litem Program and the child’s 643 attorney ad litem. The court that committed the child may agree 644 to the transfer or may set a hearing to review the transfer. If 645 the court does not respond within 10 days after receipt of the 646 notice, the transfer of the child shall be deemed granted. 647 Section 13. Section 985.465, Florida Statutes, is amended 648 to read: 649 985.465 Maximum-risk residentialJuvenile correctional650 facilitiesor juvenile prison.—A maximum-riskjuvenile651correctionalfacilityor juvenile prisonis a physically secure 652 residential commitment program with a designated length of stay 653 from 18 months to 36 months, primarily serving children 13 years 654 of age to 19 years of age or until the jurisdiction of the court 655 expires. Each child committed to this level must meet one of the 656 following criteria: 657 (1) The child is at least 13 years of age at the time of 658 the disposition for the current offense and has been adjudicated 659 on the current offense for: 660 (a) Arson; 661 (b) Sexual battery; 662 (c) Robbery; 663 (d) Kidnapping; 664 (e) Aggravated child abuse; 665 (f) Aggravated assault; 666 (g) Aggravated stalking; 667 (h) Murder; 668 (i) Manslaughter; 669 (j) Unlawful throwing, placing, or discharging of a 670 destructive device or bomb; 671 (k) Armed burglary; 672 (l) Aggravated battery; 673 (m) Carjacking; 674 (n) Home-invasion robbery; 675 (o) Burglary with an assault or battery; 676 (p) Any lewd or lascivious offense committed upon or in the 677 presence of a person less than 16 years of age; or 678 (q) Carrying, displaying, using, threatening to use, or 679 attempting to use a weapon or firearm during the commission of a 680 felony. 681 (2) The child is at least 13 years of age at the time of 682 the disposition, the current offense is a felony, and the child 683 has previously been committed three or more times to a 684 delinquency commitment program. 685 (3) The child is at least 13 years of age and is currently 686 committed for a felony offense and transferred from a moderate 687 risk or high-risk residential commitment placement. 688 (4) The child is at least 13 years of age at the time of 689 the disposition for the current offense, the child is eligible 690 for prosecution as an adult for the current offense, and the 691 current offense is ranked at level 7 or higher on the Criminal 692 Punishment Code offense severity ranking chart pursuant to s. 693 921.0022. 694 Section 14. Paragraph (a) of subsection (3) of section 695 985.601, Florida Statutes, is amended, and subsection (12) is 696 added to that section, to read: 697 985.601 Administering the juvenile justice continuum.— 698 (3)(a) The department shall develop or contract for 699 diversified and innovative programs to provide rehabilitative 700 treatment, including early intervention and prevention, 701 diversion, comprehensive intake, case management, diagnostic and 702 classification assessments, trauma-informed care, individual and 703 family counseling, family engagement resources and programs, 704 sex-specificgender-specificprogramming, shelter care, 705 diversified detention care emphasizing alternatives to secure 706 detention, diversified probation, halfway houses, foster homes, 707 community-based substance abuse treatment services, community 708 based mental health treatment services, community-based 709 residential and nonresidential programs, mother-infant programs, 710 and environmental programs. The department may pay expenses in 711 support of innovative programs and activities that address 712 identified needs and the well-being of children in the 713 department’s care or under its supervision, subject to the 714 requirements of chapters 215, 216, and 287. Each program shall 715 place particular emphasis on reintegration and conditional 716 release for all children in the program. 717 (12) The department may use state or federal funds to 718 purchase and distribute promotional and educational materials 719 that are consistent with the dignity and integrity of the state 720 for all of the following purposes: 721 (a) Educating children and families about the juvenile 722 justice continuum, including local prevention programs or 723 community services available for participation or enrollment. 724 (b) Staff recruitment at job fairs, career fairs, community 725 events, the Institute for Commercialization of Florida 726 Technology, community college campuses, or state university 727 campuses. 728 (c) Educating children and families on children-specific 729 public safety issues, including, but not limited to, safe 730 storage of adult-owned firearms, consequences of child firearm 731 offenses, human trafficking, or drug and alcohol abuse. 732 Section 15. Paragraph (b) of subsection (4) of section 733 985.619, Florida Statutes, is amended to read: 734 985.619 Florida Scholars Academy.— 735 (4) GOVERNING BODY; POWERS AND DUTIES.— 736 (b) The board of trustees shall have the following powers 737 and duties: 738 1. Meet at least 4 times each year, upon the call of the 739 chair, or at the request of a majority of the membership. 740 2. Be responsible for the Florida Scholars Academy’s 741 development of an education delivery system that is cost 742 effective, high-quality, educationally sound, and capable of 743 sustaining an effective delivery system. 744 3.a. Identify appropriate performance measures and 745 standards based on student achievement which reflect the 746 school’s statutory mission and priorities, and implement an 747 accountability system approved by the State Board of Education 748 for the school by the 2024-2025 school year which includes an 749 assessment of its effectiveness and efficiency in providing 750 quality services that encourage high student achievement, 751 seamless articulation, and maximum access to career 752 opportunities. 753 b. For the 2024-2025 school year, the results of the 754 accountability system must serve as an informative baseline for 755 the academy as it works to improve performance in future years. 756 4. Administer and maintain the educational programs of the 757 Florida Scholars Academy in accordance with law and department 758 rules, in consultation with the State Board of Education. 759 5. With the approval of the secretary of the department or 760 his or her designee, determine the compensation, including 761 salaries and fringe benefits, and other conditions of employment 762 for such personnel, in alignment with the Florida Scholars 763 Academy’s provider contracts. 764 6. The employment of all Florida Scholars Academy 765 administrative and instructional personnel are subject to 766 rejection for cause by the secretary of the department or his or 767 her designee and are subject to policies established by the 768 board of trustees. 769 7. Provide for the content and custody of student records 770 in compliance with s. 1002.22. 771 8. Maintain the financial records and accounts of the 772 Florida Scholars Academy in compliance with rules adopted by the 773 State Board of Education for the uniform system of financial 774 records and accounts for the schools of this state. 775 9. Is a body corporate with all the powers of a body 776 corporate and may exercise such authority as is needed for the 777 proper operation and improvement of the Florida Scholars 778 Academy. The board of trustees is specifically authorized to 779 adopt rules, policies, and procedures, consistent with law and 780 State Board of Education rules related to governance, personnel, 781 budget and finance, administration, programs, curriculum and 782 instruction, travel and purchasing, technology, students, 783 contracts and grants, and property as necessary for optimal, 784 efficient operation of the Florida Scholars Academy. 785 10. Notwithstanding any rule to the contrary, review and 786 approve an annual academic calendar to provide educational 787 services to youth for a school year composed of 250 days or 788 1,250 hours of instruction for students enrolled in a 789 traditional K-12 education pathway, distributed over 12 months. 790 The board of trustees may decrease the minimum number of days 791 for instruction by up to 20 days or 100 hours for teacher 792 planning. 793 Section 16. Section 985.664, Florida Statutes, is amended 794 to read: 795 985.664 Juvenile justice circuit advisory boards.— 796 (1) Each judicial circuit in this state shall haveThere is797authorizeda juvenile justice circuit advisory boardto be798established in each of the 20 judicial circuits. TheExcept in799single-county circuits, eachjuvenile justice circuit advisory 800 board shall work with the chief probation officer of the circuit 801 to use data to inform policies and practices that better improve 802 the juvenile justice continuumhave a county organization803representing each of the counties in the circuit.The county804organization shall report directly to the juvenile justice805circuit advisory board on the juvenile justice needs of the806county. The purpose of each juvenile justice circuit advisory807board is to provide advice and direction to the department in808the development and implementation of juvenile justice programs809and to work collaboratively with the department in seeking810program improvements and policy changes to address the emerging811and changing needs of Florida’s youth who are at risk of812delinquency.813 (2)The duties and responsibilities of a juvenile justice814circuit advisory board include, but are not limited to:815(a) Developing a comprehensive plan for the circuit. The816initial circuit plan shall be submitted to the department no817later than December 31, 2014, and no later than June 30 every 3818years thereafter. The department shall prescribe a format and819content requirements for the submission of the comprehensive820plan.821(b) Participating in the facilitation of interagency822cooperation and information sharing.823(c) Providing recommendations for public or private grants824to be administered by one of the community partners that support825one or more components of the comprehensive circuit plan.826(d) Providing recommendations to the department in the827evaluation of prevention and early intervention grant programs,828including the Community Juvenile Justice Partnership Grant829program established in s. 985.676 and proceeds from the Invest830in Children license plate annual use fees.831(e) Providing an annual report to the department describing832the board’s activities. The department shall prescribe a format833and content requirements for submission of annual reports. The834annual report must be submitted to the department no later than835August 1 of each year.836(3)Each juvenile justice circuit advisory board shall have 837 a minimum of 1416members. The membership of each board must 838 reflect: 839 (a) The circuit’s geography and population distribution. 840 (b) Diversity in the judicial circuit. 841 (3)(4)Each member of the juvenile justice circuit advisory 842 board must be approved by the chief probation officer of the 843 circuitSecretary of Juvenile Justice, except those members 844 listed in paragraphs (a), (b), (c), (e), (f), (g), and (h). The 845 juvenile justice circuit advisory boards established under 846 subsection (1) must include as members: 847 (a) The state attorney or his or her designee. 848 (b) The public defender or his or her designee. 849 (c) The chief judge or his or her designee. 850 (d) A representative of the corresponding circuit or 851 regional entity of the Department of Children and Families. 852 (e) The sheriff or the sheriff’s designee from each county 853 in the circuit. 854 (f) A police chief or his or her designee from each county 855 in the circuit. 856 (g) A county commissioner or his or her designee from each 857 county in the circuit. 858 (h) The superintendent of each school district in the 859 circuit or his or her designee. 860 (i) A representative from the workforce organization of 861 each county in the circuit. 862 (j) A representative of the business community. 863 (k) A youth representative who has had an experience with 864 the juvenile justice system and is not older than 21 years of 865 age. 866 (l) A representative of the faith community. 867 (m) A health services representative who specializes in 868 mental health care, victim-service programs, or victims of 869 crimes. 870 (n) A parent or family member of a youth who has been 871 involved with the juvenile justice system. 872 (o) Up to threefiverepresentatives fromany ofthe 873 communityfollowing who are not otherwise represented in this874subsection:8751. Community leaders.8762. Youth-serving coalitions. 877 (4)(5)The chief probation officer in each circuit shall 878 serve as the chair of the juvenile justice circuit advisory 879 board for that circuitWhen a vacancy in the office of the chair880occurs, the juvenile justice circuit advisory board shall881appoint a new chair, who must meet the board membership882requirements in subsection (4).The chair shall appoint members883to vacant seats within 45 days after the vacancy and submit the884appointments to the department for approval. The chair shall885serve at the pleasure of the Secretary of Juvenile Justice.886(6) A member may not serve more than three consecutive 2887year terms, except those members listed in paragraphs (4)(a),888(b), (c), (e), (f), (g), and (h). A former member who has not889served on the juvenile justice circuit advisory board for 2890years is eligible to serve on the juvenile justice circuit891advisory board again.892(7) At least half of the voting members of the juvenile893justice circuit advisory board constitutes a quorum. A quorum894must be present in order for the board to vote on a measure or895position.896(8) In order for a juvenile justice circuit advisory board897measure or position to pass, it must receive more than 50898percent of the vote.899(9) Each juvenile justice circuit advisory board must900provide for the establishment of an executive committee of not901more than 10 members. The duties and authority of the executive902committee must be addressed in the bylaws.903(10) Each juvenile justice circuit advisory board shall904have bylaws. The department shall prescribe a format and content905requirements for the bylaws. All bylaws must be approved by the906department. The bylaws shall address at least the following907issues: election or appointment of officers; filling of vacant908positions; meeting attendance requirements; and the909establishment and duties of an executive committee.910(11) Members of juvenile justice circuit advisory boards911are subject to part III of chapter 112.912 Section 17. Subsections (1) and (2) of section 985.676, 913 Florida Statutes, are amended to read: 914 985.676 Community juvenile justice partnership grants.— 915 (1) GRANTS; CRITERIA.— 916 (a) In order to encourage the development of a circuit 917 juvenile justice planand the development and implementation of918circuit interagency agreements under s. 985.664, the community 919 juvenile justice partnership grant program is established and 920 shall be administered by the department. 921 (b) In awarding these grants, the department shall consider 922 applications that at a minimum provide for the following: 923 1. The participation of the agencies and programs needed to 924 implement the project or program for which the applicant is 925 applying; 926 2. The reduction of truancy and in-school and out-of-school 927 suspensions and expulsions, the enhancement of school safety, 928 and other delinquency early-intervention and diversion services; 929 3. The number of youths from 10 through 17 years of age 930 within the geographic area to be served by the program, giving 931 those geographic areas having the highest number of youths from 932 10 to 17 years of age priority for selection; 933 4. The extent to which the program targets high-juvenile 934 crime neighborhoods and those public schools serving juveniles 935 from high-crime neighborhoods; 936 5. The validity and cost-effectiveness of the program; and 937 6. The degree to which the program is located in and 938 managed by local leaders of the target neighborhoods and public 939 schools serving the target neighborhoods. 940 (c) In addition, the department may consider the following 941 criteria in awarding grants: 942 1. The circuit juvenile justice plan and any county 943 juvenile justice plans that are referred to or incorporated into 944 the circuit plan, including a list of individuals, groups, and 945 public and private entities that participated in the development 946 of the plan. 947 2. The diversity of community entities participating in the 948 development of the circuit juvenile justice plan. 949 3. The number of community partners who will be actively 950 involved in the operation of the grant program. 951 4. The number of students or youths to be served by the 952 grant and the criteria by which they will be selected. 953 5. The criteria by which the grant program will be 954 evaluated and, if deemed successful, the feasibility of 955 implementation in other communities. 956 (2) GRANT APPLICATION PROCEDURES.— 957 (a) Each entity wishing to apply for an annual community 958 juvenile justice partnership grant, which may be renewed for a 959 maximum of 2 additional years for the same provision of 960 services, shall submit a grant proposal for funding or continued 961 funding to the department. The department shall establish the 962 grant application procedures. In order to be considered for 963 funding, the grant proposal shall include the following 964 assurances and information: 965 1.A letter from the chair of the juvenile justice circuit966board confirming that the grant application has been reviewed967and found to support one or more purposes or goals of the968juvenile justice plan as developed by the board.9692.A rationale and description of the program and the 970 services to be provided, including goals and objectives. 971 2.3.A method for identification of the juveniles most 972 likely to be involved in the juvenile justice system who will be 973 the focus of the program. 974 3.4.Provisions for the participation of parents and 975 guardians in the program. 976 4.5.Coordination with other community-based and social 977 service prevention efforts, including, but not limited to, drug 978 and alcohol abuse prevention and dropout prevention programs, 979 that serve the target population or neighborhood. 980 5.6.An evaluation component to measure the effectiveness 981 of the program in accordance with s. 985.632. 982 6.7.A program budget, including the amount and sources of 983 local cash and in-kind resources committed to the budget. The 984 proposal must establish to the satisfaction of the department 985 that the entity will make a cash or in-kind contribution to the 986 program of a value that is at least equal to 20 percent of the 987 amount of the grant. 988 7.8.The necessary program staff. 989 (b) The department shall consider the recommendations of 990 community stakeholdersthe juvenile justice circuit advisory991boardas to the priority that should be given to proposals 992 submitted by entities within a circuit in awarding such grants. 993 (c) The department shall make available, to anyone wishing 994 to apply for such a grant, information on all of the criteria to 995 be used in the selection of the proposals for funding pursuant 996 to the provisions of this subsection. 997 (d) The department shall review all program proposals 998 submitted. Entities submitting proposals shall be notified of 999 approval not later than June 30 of each year. 1000 (e) Each entity that is awarded a grant as provided for in 1001 this section shall submit an annual evaluation report to the 1002 department and,the circuit juvenile justice manager,and the1003juvenile justice circuit advisory board,by a date subsequent to 1004 the end of the contract period established by the department, 1005 documenting the extent to which the program objectives have been 1006 met, the effect of the program on the juvenile arrest rate, and 1007 any other information required by the department. The department 1008 shall coordinate and incorporate all such annual evaluation 1009 reports with s. 985.632. Each entity is also subject to a 1010 financial audit and a performance audit. 1011 (f) The department may establish rules and policy 1012 provisions necessary to implement this section. 1013 Section 18. Paragraph (a) of subsection (14) of section 1014 1003.01, Florida Statutes, is amended to read: 1015 1003.01 Definitions.—As used in this chapter, the term: 1016 (14)(a) “Juvenile justice education programs or schools” 1017 means programs or schools operating for the purpose of providing 1018 educational services to youth in Department of Juvenile Justice 1019 programs, for a school year composed of 250 days of instruction, 1020 or the equivalent expressed in hours as specified in State Board 1021 of Education rule, distributed over 12 months. If the period of 1022 operation is expressed in hours, the State Board of Education 1023 must review the calculation annually.The use of the equivalent1024expressed in hours is only applicable to nonresidential1025programs. At the request of the provider,A district school 1026 board, including an educational entity under s. 985.619, may 1027 decrease the minimum number of days of instruction byup to 101028days for teacher planning for residential programs andup to 20 1029 days or equivalent hours as specified in the State Board of 1030 Education rule for teacher planningfor nonresidential programs, 1031 subject to the approval of the Department of Juvenile Justice 1032 and the Department of Education. 1033 Section 19. Subsections (2) through (5) of section 1003.51, 1034 Florida Statutes, are amended to read: 1035 1003.51 Other public educational services.— 1036 (2) The State Board of Education shall adopt rules 1037 articulating expectations for effective education programs for 1038 students in Department of Juvenile Justice programs, including, 1039 but not limited to, education programs in juvenile justice 1040 prevention, day treatment,residential,and detention programs. 1041 The rulesruleshall establish policies and standards for 1042 education programs for students in Department of Juvenile 1043 Justice programs and shall include the following: 1044 (a) The interagency collaborative process needed to ensure 1045 effective programs with measurable results. 1046 (b) The responsibilities of the Department of Education, 1047 the Department of Juvenile Justice, CareerSource Florida, Inc., 1048 district school boards, and providers of education services to 1049 students in Department of Juvenile Justice programs. 1050 (c) Academic expectations. 1051 (d) Career expectations. 1052 (e) Education transition planning and services. 1053 (f) Service delivery options available to district school 1054 boards, including direct service and contracting. 1055 (g) Assessment procedures, which: 1056 1. For prevention and,day treatment,and residential1057programs,include appropriate academic and career assessments 1058 administered at program entry and exit that are selected by the 1059 district school boardDepartment of Educationin partnership 1060 with representatives from the Department of Education, the 1061 Department of Juvenile Justice,district school boards,and 1062 education providers.Assessments must be completed within the1063first 10 school days after a student’s entry into the program.1064 2. Provide for determination of the areas of academic need 1065 and strategies for appropriate intervention and instruction for 1066 each student in a detention facility within 5 school days after 1067 the student’s entry into the program and administer a research 1068 based assessment that will assist the student in determining his 1069 or her educational and career options and goalswithin 22 school1070days after the student’s entry into the program. 1071 1072 The results of these assessments, together with a portfolio 1073 depicting the student’s academic and career accomplishments, 1074 shall be included in the discharge packet assembled for each 1075 student. 1076 (h) Recommended instructional programs, using course 1077 delivery models aligned to the state academic standards. Options 1078 may include direct instruction, blended learning pursuant to s. 1079 1011.61(1), or district virtual instruction programs, virtual 1080 charter schools, Florida Virtual School (FLVS), virtual course 1081 offerings, and district franchises of FLVS pursuant to ss. 1082 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1), 1083 and credit recovery course procedures including, but not limited 1084 to: 1085 1. Secondary education. 1086 2. High school equivalency examination preparation. 1087 3. Postsecondary education. 1088 4. Career and technicalprofessionaleducation(CAPE). 1089 5. Job preparation. 1090 6. Virtual education that: 1091 a. Provides competency-based instruction that addresses the 1092 unique academic needs of the student through delivery by an 1093 entity accredited by a Department of Education-approved 1094 accrediting bodyAdvanceED or the Southern Association of1095Colleges and Schools. 1096 b. Confers certifications and diplomas. 1097 c. Issues credit that articulates with and transcripts that 1098 are recognized by secondary schools. 1099 d. Allows the student to continue to access and progress 1100 through the program once the student leaves the juvenile justice 1101 system. 1102 (i) Funding requirements, which must provide that at least 1103 95 percent of the FEFP funds generated by students in Department 1104 of Juvenile Justice programs or in an education program for 1105 juveniles under s. 985.19 must be spent on instructional costs 1106 for those students. Department of Juvenile Justice education 1107 programs are entitled to 100 percent of the formula-based 1108 categorical funds generated by students in Department of 1109 Juvenile Justice programs. Such funds must be spent on 1110 appropriate categoricals, such as instructional materials and 1111 public school technology for those students. 1112 (j) Qualifications of instructional staff, procedures for 1113 the selection of instructional staff, and procedures for 1114 consistent instruction and qualified staff year-round. 1115 Qualifications shall include those for instructors of career and 1116 technical educationCAPEcourses, standardized across the state, 1117 and shall be based on state certification, local school district 1118 approval, and industry-recognized certifications as identified 1119 on the Master CredentialCAPE Industry Certification Funding1120 List. Procedures for the use of noncertified instructional 1121 personnel who possess expert knowledge or experience in their 1122 fields of instruction shall be established. 1123 (k) Transition services, including the roles and 1124 responsibilities of appropriate personnel in the juvenile 1125 justice education program, the school district where the student 1126 will reenter, provider organizations, and the Department of 1127 Juvenile Justice. 1128 (l) Procedures and timeframe for transfer of education 1129 records when a student enters and leaves a Department of 1130 Juvenile Justice education program. 1131 (m) The requirement that each district school board 1132 maintain an academic transcript for each student enrolled in a 1133 juvenile justice education program that delineates each course 1134 completed by the student as provided by the State Course Code 1135 Directory. 1136 (n) The requirement that each district school board make 1137 available and transmit a copy of a student’s transcript in the 1138 discharge packet when the student exits a juvenile justice 1139 education program. 1140 (o) Contract requirements. 1141 (p) Accountability and school improvement requirements as 1142 public alternative schools pursuant to ss. 1008.31, 1008.34, 1143 1008.341, and 1008.345Performance expectations for providers1144and district school boards, including student performance1145measures by type of program, education program performance1146ratings, school improvement, and corrective action plans for1147low-performing programs. 1148 (q) The role and responsibility of the district school 1149 board in securing workforce development funds. 1150 (r)A series of graduated sanctions for district school1151boards whose educational programs in Department of Juvenile1152Justice programs are considered to be unsatisfactory and for1153instances in which district school boards fail to meet standards1154prescribed by law, rule, or State Board of Education policy.1155These sanctions shall include the option of requiring a district1156school board to contract with a provider or another district1157school board if the educational program at the Department of1158Juvenile Justice program is performing below minimum standards1159and, after 6 months, is still performing below minimum1160standards.1161(s)Curriculum, schoolguidancecounseling, transition, and 1162 education services expectations, including curriculum 1163 flexibility for detention centers operated by the Department of 1164 Juvenile Justice. 1165 (s)(t)Other aspects of program operations. 1166 (3) The Department of Education in partnership with the 1167 Department of Juvenile Justice, the district school boards, and 1168 providers shall: 1169 (a) Develop and implement requirements for contracts and 1170 cooperative agreements regarding the delivery of appropriate 1171 education services to students in Department of Juvenile Justice 1172 education programs. The minimum contract requirements shall 1173 include, but are not limited to, payment structure and amounts; 1174 access to district services; contract management provisions; 1175 data reporting requirements, including reporting of full-time 1176 equivalent student membership; accountability requirements and 1177 corrective action plans, if needed; administration of federal 1178 programs such as Title I, exceptional student education, and the 1179 federal Strengthening Career and Technical Education for the 1180 21st Century ActCarl D. Perkins Career and Technical Education1181Act of 2006; and the policy and standards included in subsection 1182 (2). 1183 (b) Develop and implement procedures for transitioning 1184 students into and out of Department of Juvenile Justice 1185 education programs. These procedures shall reflect the policy 1186 and standards adopted pursuant to subsection (2). 1187 (c) Maintain standardized required content of education 1188 records to be included as part of a student’s commitment record 1189 and procedures for securing the student’s records. The education 1190 records shall include, but not be limited to, the following: 1191 1. A copy of the student’s individual educational plan, 1192 Section 504 plan, or behavioral plan, if applicable. 1193 2. A copy of the student’s individualized progress 1194 monitoring plan. 1195 3. A copy of the student’s individualized transition plan. 1196 4. Data on student performance on assessments taken 1197 according to s. 1008.22. 1198 5. A copy of the student’s permanent cumulative record. 1199 6. A copy of the student’s academic transcript. 1200 7. A portfolio reflecting the student’s academic 1201 accomplishments and industry certification earned, when age 1202 appropriate, while in the Department of Juvenile Justice 1203 program. 1204 (d) Establish the roles and responsibilities of the 1205 juvenile probation officer and others involved in the withdrawal 1206 of the student from school and assignment to a juvenile justice 1207 education program. 1208 (4) Each district school board shall: 1209 (a) Notify students in juvenile justice education programs 1210 who attain the age of 16 years of the law regarding compulsory 1211 school attendance and make available the option of enrolling in 1212 an education program to attain a Florida high school diploma by 1213 taking the high school equivalency examination before release 1214 from the program. The Department of Education shall assist 1215 juvenile justice education programs with becoming high school 1216 equivalency examination centers. 1217 (b) Respond to requests for student education records 1218 received from another district school board or a juvenile 1219 justice education program within 35working days after 1220 receiving the request. 1221 (c) Provide access to courses offered pursuant to ss. 1222 1002.37, 1002.45, 1002.455, and 1003.498. School districts and 1223 providers may enter into cooperative agreements for the 1224 provision of curriculum associated with courses offered pursuant 1225 to s. 1003.498 to enable providers to offer such courses. 1226 (d) Complete the assessment process required by subsection 1227 (2). 1228 (e) Monitor compliance with contracts for education 1229 programs for students in juvenile justice prevention, day 1230 treatment,residential,and detention programs. 1231 (5) The Department of Education shall issue an alternative 1232 school improvement rating for prevention and day treatment 1233 prevention juvenile justice education programs, pursuant to s. 1234 1008.341establish and operate, either directly or indirectly1235through a contract, a mechanism to provide accountability1236measures that annually assesses and evaluates all juvenile1237justice education programs using student performance data and1238program performance ratings by type of program and shall provide1239technical assistance and related research to district school1240boards and juvenile justice education providers. The Department1241of Education, with input from the Department of Juvenile1242Justice, school districts, and education providers, shall1243develop annual recommendations for system and school1244improvement. 1245 Section 20. Section 1003.52, Florida Statutes, is amended 1246 to read: 1247 1003.52 Educational services in Department of Juvenile 1248 Justice programs.— 1249 (1) The Department of Education shall serve as the lead 1250 agency for juvenile justice education programs, curriculum, 1251 support services, and resources. To this end, the Department of 1252 Education and the Department of Juvenile Justice shall each 1253 designate a Coordinator for Juvenile Justice Education Programs 1254 to serve as the point of contact for resolving issues not 1255 addressed by district school boards and to provide each 1256 department’s participation in the following activities: 1257 (a) Training, collaborating, and coordinating with district 1258 school boards, local workforce development boards,and local1259youth councils,educational contract providers, and juvenile 1260 justice providers, whether state operated or contracted. 1261 (b) Collecting information on the academic, career and 1262 technicalprofessionaleducation(CAPE), and transition 1263 performance of students in juvenile justice programs and 1264 reporting on the results. 1265 (c) Developing academic and career and technical education 1266CAPEprotocols that provide guidance to district school boards 1267 and juvenile justice education providers in all aspects of 1268 education programming, including records transfer and 1269 transition. 1270(d) Implementing a joint accountability, program1271performance, and program improvement process.1272 1273 Annually, a cooperative agreement and plan for juvenile justice 1274 education service enhancement shall be developed between the 1275 Department of Juvenile Justice and the Department of Education 1276 and submitted to the Secretary of Juvenile Justice and the 1277 Commissioner of Education by June 30. The plan shall include, at 1278 a minimum, each agency’s role regarding educational program 1279 accountability, technical assistance, training, and coordination 1280 of services. 1281 (2) Students participating in Department of Juvenile 1282 Justice education programs pursuant to chapter 985 which are 1283 sponsored by a community-based agency or are operated or 1284 contracted for by the Department of Juvenile Justice shall 1285 receive education programs according to rules of the State Board 1286 of Education. These students shall be eligible for services 1287 afforded to students enrolled in programs pursuant to s. 1003.53 1288 and all corresponding State Board of Education rules. 1289 (3) The district school board of the county in which the 1290 juvenile justice education prevention, day treatment, 1291residential,or detention program is located shall provide or 1292 contract for appropriate educational assessments and an 1293 appropriate program of instruction and special education 1294 services. 1295 (a) All contracts between a district school board desiring 1296 to contract directly with juvenile justice education programs to 1297 provide academic instruction for students in such programs must 1298 be in writing and reviewed by the Department of Juvenile 1299 Justice. Unless both parties agree to an extension of time, the 1300 district school board and the juvenile justice education program 1301 shall negotiate and execute a new or renewal contract within 40 1302 days after the district school board provides the proposal to 1303 the juvenile justice education program. The Department of 1304 Education shall provide mediation services for any disputes 1305 relating to this paragraph. 1306 (b) District school boards shall satisfy invoices issued by 1307 juvenile justice education programs within 15 working days after 1308 receipt. If a district school board does not timely issue a 1309 warrant for payment, it must pay to the juvenile justice 1310 education program interest at a rate of 1 percent per month, 1311 calculated on a daily basis, on the unpaid balance until such 1312 time as a warrant is issued for the invoice and accrued interest 1313 amount. The district school board may not delay payment to a 1314 juvenile justice education program of any portion of funds owed 1315 pending the district’s receipt of local funds. 1316 (c) The district school board shall make provisions for 1317 each student to participate in basic career and technical 1318 education, CAPE,and exceptional student programs, as 1319 appropriate. Students served in Department of Juvenile Justice 1320 education programs shall have access to the appropriate courses 1321 and instruction to prepare them for the high school equivalency 1322 examination. Students participating in high school equivalency 1323 examination preparation programs shall be funded at the basic 1324 program cost factor for Department of Juvenile Justice programs 1325 in the Florida Education Finance Program. Each program shall be 1326 conducted according to applicable law providing for the 1327 operation of public schools and rules of the State Board of 1328 Education. School districts shall provide the high school 1329 equivalency examination exit option for all juvenile justice 1330 education programs, except for residential programs operated 1331 under s. 985.619. 1332 (d) The district school board shall select appropriate 1333 academic and career assessments to be administered at the time 1334 of program entry and exit for the purpose of developing goals 1335 for education transition plans, progress monitoring plans, 1336 individual education plans, as applicable, and federal 1337 reporting, as applicableThe Department of Education, with the1338assistance of the school districts and juvenile justice1339education providers, shall select a common student assessment1340instrument and protocol for measuring student learning gains and1341student progression while a student is in a juvenile justice1342education program. The Department of Education and the1343Department of Juvenile Justice shall jointly review the1344effectiveness of this assessment and implement changes as1345necessary. 1346 (4) Educational services shall be provided at times of the 1347 day most appropriate for the juvenile justice program. School 1348 programming in juvenile justice detention, prevention, or day 1349 treatment, and residentialprograms shall be made available by 1350 the local school district during the juvenile justice school 1351 year, as provided in s. 1003.01(14). In addition, students in 1352 juvenile justice education programs shall have access to courses 1353 offered pursuant to ss. 1002.37, 1002.45, and 1003.498. The 1354 Department of Education and the school districts shall adopt 1355 policies necessary to provide such access. 1356 (5) The educational program shall provide instruction based 1357 on each student’s individualized transition plan, assessed 1358 educational needs, and the education programs available in the 1359 school district in which the student will return. Depending on 1360 the student’s needs, educational programming may consist of 1361 remedial courses, academic courses required for grade 1362 advancement, career and technical educationCAPE courses, high 1363 school equivalency examination preparation, or exceptional 1364 student education curricula and related services which support 1365 the transition goals and reentry and which may lead to 1366 completion of the requirements for receipt of a high school 1367 diploma or its equivalent. Prevention and day treatment juvenile 1368 justice education programs, at a minimum, shall provide career 1369 readiness and exploration opportunities as well as truancy and 1370 dropout prevention intervention services.Residential juvenile1371justice education programs with a contracted minimum length of1372stay of 9 months shall provide CAPE courses that lead to1373preapprentice certifications and industry certifications.1374Programs with contracted lengths of stay of less than 9 months1375may provide career education courses that lead to preapprentice1376certifications and CAPE industry certifications. If the duration1377of a program is less than 40 days, the educational component may1378be limited to tutorial remediation activities, career1379employability skills instruction, education counseling, and1380transition services that prepare students for a return to1381school, the community, and their home settings based on the1382students’ needs.1383 (6) Participation in the program by students of compulsory 1384 school-attendance age as provided for in s. 1003.21 shall be 1385 mandatory. All students of noncompulsory school-attendance age 1386 who have not received a high school diploma or its equivalent 1387 shall participate in the educational program, unless the student 1388 files a formal declaration of his or her intent to terminate 1389 school enrollment as described in s. 1003.21 and is afforded the 1390 opportunity to take the high school equivalency examination and 1391 attain a Florida high school diploma before release from a 1392 juvenile justice education program. A student who has received a 1393 high school diploma or its equivalent and is not employed shall 1394 participate in workforce developmentor other CAPE educationor 1395 Florida College System institution or university courses while 1396 in the program, subject to available funding. 1397 (7) An individualized progress monitoring plan shall be 1398 developed for all studentsnot classified as exceptional1399education studentsupon entry in a juvenile justice education 1400 program and upon reentry in the school district. These plans 1401 shall address academic, literacy, and career and technical 1402 skills and shall include provisions for intensive remedial 1403 instruction in the areas of weakness. 1404 (8) Each district school board shall maintain an academic 1405 record for each student enrolled in a juvenile justice education 1406 program as prescribed by s. 1003.51. Such record shall delineate 1407 each course completed by the student according to procedures in 1408 the State Course Code Directory. The district school board shall 1409 include a copy of a student’s academic record in the discharge 1410 packet when the student exits the program. 1411 (9) Each district school board shall make provisions for 1412 high school level students to earn credits toward high school 1413 graduation while inresidential and nonresidentialjuvenile 1414 justice detention, prevention, or day treatment education 1415 programs. Provisions must be made for the transfer of credits 1416 and partial credits earned. 1417 (10) School districts and juvenile justice education 1418 providers shall develop individualized transition plans during 1419 the course of a student’s stay in a juvenile justice education 1420 program to coordinate academic, career and technical, and 1421 secondary and postsecondary services that assist the student in 1422 successful community reintegration upon release. Development of 1423 the transition plan shall be a collaboration of the personnel in 1424 the juvenile justice education program, reentry personnel, 1425 personnel from the school district where the student will 1426 return, the student, the student’s family, and the Department of 1427 Juvenile Justicepersonnel for committed students. 1428 (a) Transition planning must begin upon a student’s 1429 placement in the program. The transition plan must include, at a 1430 minimum: 1431 1. Services and interventions that address the student’s 1432 assessed educational needs and postrelease education plans. 1433 2. Services to be provided during the program stay and 1434 services to be implemented upon release, including, but not 1435 limited to, continuing education in secondary school, career and 1436 technical educationCAPE programs, postsecondary education, or 1437 employment, based on the student’s needs. 1438 3. Specific monitoring responsibilities to determine 1439 whether the individualized transition plan is being implemented 1440 and the student is provided access to support services that will 1441 sustain the student’s success by individuals who are responsible 1442 for the reintegration and coordination of these activities. 1443 (b) For the purpose of transition planning and reentry 1444 services, representatives from the school district and the one 1445 stop center where the student will return shall participate as 1446 members of the local Department of Juvenile Justice reentry 1447 teams. The school district, upon return of a student from a 1448 juvenile justice education program, must consider the individual 1449 needs and circumstances of the student and the transition plan 1450 recommendations when reenrolling a student in a public school. A 1451 local school district may not maintain a standardized policy for 1452 all students returning from a juvenile justice program but place 1453 students based on their needs and their performance in the 1454 juvenile justice education program, including any virtual 1455 education options. 1456 (c) The Department of Education and the Department of 1457 Juvenile Justice shall provide oversight and guidance to school 1458 districts, education providers, and reentry personnel on how to 1459 implement effective educational transition planning and 1460 services. 1461 (11) The district school board shall recruit and train 1462 teachers who areinterested,qualified, or experiencedin 1463 educating students in juvenile justice programs. Students in 1464 juvenile justice programs shall be provided a wide range of 1465 education programs and opportunities including instructional 1466 materialstextbooks, technology, instructional support, and 1467 resources commensurate with resources provided to students in 1468 public schools, including instructional materialstextbooksand 1469 access to technology. If the district school board operates a 1470 juvenile justice education program at a juvenile justice 1471 facility, the district school board, in consultation with the 1472 director of the juvenile justice facility, shall select the 1473 instructional personnel assigned to that program. The Secretary 1474 of Juvenile Justice or the director of a juvenile justice 1475 program may request that the performance of a teacher assigned 1476 by the district to a juvenile justice education program be 1477 reviewed by the district and that the teacher be reassigned 1478 based upon an evaluation conducted pursuant to s. 1012.34 or for 1479 inappropriate behavior. Juvenile justice education programs 1480 shall have access to the substitute teacher pool used by the 1481 district school board. 1482 (12) District school boards may contract with a private 1483 provider for the provision of education programs to students 1484 placed in juvenile justice detention, prevention, or day 1485 treatment programs with the Department of Juvenile Justice and 1486 shall generate local, state, and federal funding, including 1487 funding through the Florida Education Finance Program for such 1488 students. The district school board’s planning and budgeting 1489 process shall include the needs of Department of Juvenile 1490 Justice education programs in the district school board’s plan 1491 for expenditures for state categorical and federal funds. 1492 (13)(a) Eligible students enrolled in juvenile justice 1493 detention, prevention, or day treatment education programs shall 1494 be funded the same as students enrolled in traditional public 1495 schools funded in the Florida Education Finance Program and as 1496 specified in s. 1011.62 and the General Appropriations Act. 1497 (b) Juvenile justice education programs to receive the 1498 appropriate FEFP funding for Department of Juvenile Justice 1499 education programs shall include those operated through a 1500 contract with the Department of Juvenile Justice. 1501 (c) Consistent with the rules of the State Board of 1502 Education, district school boards shall request an alternative 1503 FTE survey for Department of Juvenile Justice education programs 1504 experiencing fluctuations in student enrollment. 1505 (d) FTE count periods shall be prescribed in rules of the 1506 State Board of Education and shall be the same for programs of 1507 the Department of Juvenile Justice as for other public school 1508 programs. The summer school period for students in Department of 1509 Juvenile Justice education programs shall begin on the day 1510 immediately following the end of the regular school year and end 1511 on the day immediately preceding the subsequent regular school 1512 year. Students shall be funded for no more than 25 hours per 1513 week of direct instruction. 1514 (e) Each juvenile justice education program must receive 1515 all federal funds for which the program is eligible. 1516 (14) Each district school board shall negotiate a 1517 cooperative agreement with the Department of Juvenile Justice on 1518 the delivery of educational services to students in juvenile 1519 justice detention, prevention, or day treatment programs under 1520 the jurisdiction of the Department of Juvenile Justice. Such 1521 agreement must include, but is not limited to: 1522 (a) Roles and responsibilities of each agency, including 1523 the roles and responsibilities of contract providers. 1524 (b) Administrative issues including procedures for sharing 1525 information. 1526 (c) Allocation of resources including maximization of 1527 local, state, and federal funding. 1528 (d) Procedures for educational evaluation for educational 1529 exceptionalities and special needs. 1530 (e) Curriculum and delivery of instruction. 1531 (f) Classroom management procedures and attendance 1532 policies. 1533 (g) Procedures for provision of qualified instructional 1534 personnel, whether supplied by the district school board or 1535 provided under contract by the provider, and for performance of 1536 duties while in a juvenile justice setting. 1537 (h) Provisions for improving skills in teaching and working 1538 with students referred to juvenile justice education programs. 1539 (i) Transition plans for students moving into and out of 1540 juvenile justice education programs. 1541 (j) Procedures and timelines for the timely documentation 1542 of credits earned and transfer of student records. 1543 (k) Methods and procedures for dispute resolution. 1544 (l) Provisions for ensuring the safety of education 1545 personnel and support for the agreed-upon education program. 1546 (m) Strategies for correcting any deficiencies found 1547 through the alternative school improvement ratingaccountability1548and evaluation systemand student performance measures. 1549 (n) Career and academic assessments selected by the 1550 district pursuant to paragraph (3)(d). 1551 (15) Nothing in this section or in a cooperative agreement 1552 requires the district school board to provide more services than 1553 can be supported by the funds generated by students in the 1554 juvenile justice programs. 1555 (16)The Department of Education, in consultation with the1556Department of Juvenile Justice, district school boards, and1557providers, shall adopt rules establishing:1558(a) Objective and measurable student performance measures1559to evaluate a student’s educational progress while participating1560in a prevention, day treatment, or residential program. The1561student performance measures must be based on appropriate1562outcomes for all students in juvenile justice education1563programs, taking into consideration the student’s length of stay1564in the program. Performance measures shall include outcomes that1565relate to student achievement of career education goals,1566acquisition of employability skills, receipt of a high school1567diploma or its equivalent, grade advancement, and the number of1568CAPE industry certifications earned.1569(b) A performance rating system to be used by the1570Department of Education to evaluate the delivery of educational1571services within each of the juvenile justice programs. The1572performance rating shall be primarily based on data regarding1573student performance as described in paragraph (a).1574(c) The timeframes, procedures, and resources to be used to1575improve a low-rated educational program or to terminate or1576reassign the program.1577(d) The Department of Education, in partnership with the1578Department of Juvenile Justice, shall develop a comprehensive1579accountability and program improvement process. The1580accountability and program improvement process shall be based on1581student performance measures by type of program and shall rate1582education program performance. The accountability system shall1583identify and recognize high-performing education programs. The1584Department of Education, in partnership with the Department of1585Juvenile Justice, shall identify low-performing programs. Low1586performing education programs shall receive an onsite program1587evaluation from the Department of Juvenile Justice. School1588improvement, technical assistance, or the reassignment of the1589program shall be based, in part, on the results of the program1590evaluation. Through a corrective action process, low-performing1591programs must demonstrate improvement or the programs shall be1592reassigned.1593(17) The department, in collaboration with the Department1594of Juvenile Justice, shall collect data and report on1595commitment, day treatment, prevention, and detention programs.1596The report shall be submitted to the President of the Senate,1597the Speaker of the House of Representatives, and the Governor by1598February 1 of each year. The report must include, at a minimum:1599(a) The number and percentage of students who:16001. Return to an alternative school, middle school, or high1601school upon release and the attendance rate of such students1602before and after participation in juvenile justice education1603programs.16042. Receive a standard high school diploma or a high school1605equivalency diploma.16063. Receive industry certification.16074. Enroll in a postsecondary educational institution.16085. Complete a juvenile justice education program without1609reoffending.16106. Reoffend within 1 year after completion of a day1611treatment or residential commitment program.16127. Remain employed 1 year after completion of a day1613treatment or residential commitment program.16148. Demonstrate learning gains pursuant to paragraph (3)(d).1615(b) The following cost data for each juvenile justice1616education program:16171. The amount of funding provided by district school boards1618to juvenile justice programs and the amount retained for1619administration, including documenting the purposes of such1620expenses.16212. The status of the development of cooperative agreements.16223. Recommendations for system improvement.16234. Information on the identification of, and services1624provided to, exceptional students, to determine whether these1625students are properly reported for funding and are appropriately1626served.1627(18)The district school board shall not be charged any 1628 rent, maintenance, utilities, or overhead on such facilities. 1629 Maintenance, repairs, and remodeling of existing detention 1630 facilities shall be provided by the Department of Juvenile 1631 Justice. 1632 (17)(19)When additional facilities are required for 1633 juvenile justice detention, prevention, or day treatment 1634 programs, the district school board and the Department of 1635 Juvenile Justice shall agree on the appropriate site based on 1636 the instructional needs of the students. When the most 1637 appropriate site for instruction is on district school board 1638 property, a special capital outlay request shall be made by the 1639 commissioner in accordance with s. 1013.60. When the most 1640 appropriate site is on state property, state capital outlay 1641 funds shall be requested by the Department of Juvenile Justice 1642 provided by s. 216.043 and shall be submitted as specified by s. 1643 216.023. Any instructional facility to be built on state 1644 property shall have educational specifications jointly developed 1645 by the district school board and the Department of Juvenile 1646 Justice and approved by the Department of Education. The size of 1647 space and occupant design capacity criteria as provided by State 1648 Board of Education rules shall be used for remodeling or new 1649 construction whether facilities are provided on state property 1650 or district school board property. 1651 (18)(20)The parent of an exceptional student shall have 1652 the due process rights provided for in this chapter. 1653 (19)(21)The State Board of Education shall adopt rules 1654 necessary to implement this section. Such rules must require the 1655 minimum amount of paperwork and reporting. 1656(22) The Department of Juvenile Justice and the Department1657of Education, in consultation with CareerSource Florida, Inc.,1658the statewide Workforce Development Youth Council, district1659school boards, Florida College System institutions, providers,1660and others, shall jointly develop a multiagency plan for CAPE1661which describes the funding, curriculum, transfer of credits,1662goals, and outcome measures for career education programming in1663juvenile commitment facilities, pursuant to s. 985.622. The plan1664must be reviewed annually.1665 Section 21. Paragraph (a) of subsection (2) of section 1666 330.41, Florida Statutes, is amended to read: 1667 330.41 Unmanned Aircraft Systems Act.— 1668 (2) DEFINITIONS.—As used in this act, the term: 1669 (a) “Critical infrastructure facility” means any of the 1670 following, if completely enclosed by a fence or other physical 1671 barrier that is obviously designed to exclude intruders, or if 1672 clearly marked with a sign or signs which indicate that entry is 1673 forbidden and which are posted on the property in a manner 1674 reasonably likely to come to the attention of intruders: 1675 1. A power generation or transmission facility, substation, 1676 switching station, or electrical control center. 1677 2. A chemical or rubber manufacturing or storage facility. 1678 3. A water intake structure, water treatment facility, 1679 wastewater treatment plant, or pump station. 1680 4. A mining facility. 1681 5. A natural gas or compressed gas compressor station, 1682 storage facility, or natural gas or compressed gas pipeline. 1683 6. A liquid natural gas or propane gas terminal or storage 1684 facility. 1685 7. Any portion of an aboveground oil or gas pipeline. 1686 8. A refinery. 1687 9. A gas processing plant, including a plant used in the 1688 processing, treatment, or fractionation of natural gas. 1689 10. A wireless communications facility, including the 1690 tower, antennae, support structures, and all associated ground 1691 based equipment. 1692 11. A seaport as listed in s. 311.09(1), which need not be 1693 completely enclosed by a fence or other physical barrier and 1694 need not be marked with a sign or signs indicating that entry is 1695 forbidden. 1696 12. An inland port or other facility or group of facilities 1697 serving as a point of intermodal transfer of freight in a 1698 specific area physically separated from a seaport. 1699 13. An airport as defined in s. 330.27. 1700 14. A spaceport territory as defined in s. 331.303(18). 1701 15. A military installation as defined in 10 U.S.C. s. 1702 2801(c)(4) and an armory as defined in s. 250.01. 1703 16. A dam as defined in s. 373.403(1) or other structures, 1704 such as locks, floodgates, or dikes, which are designed to 1705 maintain or control the level of navigable waterways. 1706 17. A state correctional institution as defined in s. 1707 944.02 or a private correctional facility authorized under 1708 chapter 957. 1709 18. A secure detention center or facility as defined in s. 1710 985.03, or a moderate-risknonsecureresidential facility, a 1711 high-risk residential facility, or a maximum-risk residential 1712 facility as those terms are described in s. 985.03(44). 1713 19. A county detention facility as defined in s. 951.23. 1714 20. A critical infrastructure facility as defined in s. 1715 692.201. 1716 Section 22. Paragraphs (c) and (j) of subsection (3), 1717 paragraph (a) of subsection (10), and paragraph (f) of 1718 subsection (12) of section 553.865, Florida Statutes, are 1719 amended to read: 1720 553.865 Private spaces.— 1721 (3) As used in this section, the term: 1722 (c) “Covered entity” means any: 1723 1. Correctional institution; 1724 2. Detention facility; 1725 3. Educational institution; 1726 4. Maximum-risk residential facilitiesJuvenile1727correctional facility or juvenile prisonas described in s. 1728 985.465, any detention center or facility designated by the 1729 Department of Juvenile Justice to provide secure detention as 1730 defined in s. 985.03(18)(a), and any facility used for a 1731 residential program as described in s. 985.03(44)s.1732985.03(44)(b), (c), or (d); or 1733 5. Public building. 1734 (j) “Public building” means a building comfort-conditioned 1735 for occupancy which is owned or leased by the state, a state 1736 agency, or a political subdivision. The term does not include a 1737 correctional institution, a detention facility, an educational 1738 institution, a maximum-risk residentialjuvenile correctional1739 facilityor juvenile prisonas described in s. 985.465, a 1740 detention center or facility designated by the Department of 1741 Juvenile Justice to provide secure detention as defined in s. 1742 985.03(18)(a), or any facility used for a residential program as 1743 described in s. 985.03(44)s. 985.03(44)(b), (c), or (d). 1744 (10)(a) Each maximum-risk residentialjuvenile correctional1745 facilityor juvenile prisonas described in s. 985.465, each 1746 detention center or facility designated by the Department of 1747 Juvenile Justice to provide secure detention as defined in s. 1748 985.03(18)(a), and each facility used for a residential program 1749 as described in s. 985.03(44)s. 985.03(44)(b), (c), or (d)1750 shall establish disciplinary procedures for any juvenile as 1751 defined in s. 985.03(7) who willfully enters, for a purpose 1752 other than those listed in subsection (6), a restroom or 1753 changing facility designated for the opposite sex in such 1754 juvenile correctional facility, juvenile prison, secure 1755 detention center or facility, or residential program facility 1756 and refuses to depart when asked to do so by delinquency program 1757 staff, detention staff, or residential program staff. 1758 (12) A covered entity that is: 1759 (f) A maximum-risk residentialjuvenile correctional1760 facilityor juvenile prisonas described in s. 985.465, a 1761 detention center or facility designated by the Department of 1762 Juvenile Justice to provide secure detention as defined in s. 1763 985.03(18)(a), or a facility used for a residential program as 1764 described in s. 985.03(44)s. 985.03(44)(b), (c), or (d)shall 1765 submit documentation to the Department of Juvenile Justice 1766 regarding compliance with subsections (4) and (5), as 1767 applicable, within 1 year after being established or, if such 1768 institution or facility was established before July 1, 2023, no 1769 later than April 1, 2024. 1770 Section 23. Paragraph (c) of subsection (18) of section 1771 1001.42, Florida Statutes, is amended to read: 1772 1001.42 Powers and duties of district school board.—The 1773 district school board, acting as a board, shall exercise all 1774 powers and perform all duties listed below: 1775 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY. 1776 Maintain a system of school improvement and education 1777 accountability as provided by statute and State Board of 1778 Education rule. This system of school improvement and education 1779 accountability shall be consistent with, and implemented 1780 through, the district’s continuing system of planning and 1781 budgeting required by this section and ss. 1008.385, 1010.01, 1782 and 1011.01. This system of school improvement and education 1783 accountability shall comply with the provisions of ss. 1008.33, 1784 1008.34, 1008.345, and 1008.385 and include the following: 1785 (c) Public disclosure.—The district school board shall 1786 provide information regarding the performance of students and 1787 educational programs as required pursuant to ss. 1008.22 and 1788 1008.385 and implement a system of school reports as required by 1789 statute and State Board of Education rule which shall include 1790 schools operating for the purpose of providing educational 1791 services to students in Department of Juvenile Justice programs,1792and for those schools, report on the elements specified in s.17931003.52(17). Annual public disclosure reports shall be in an 1794 easy-to-read report card format and shall include the school’s 1795 grade, high school graduation rate calculated without high 1796 school equivalency examinations, disaggregated by student 1797 ethnicity, and performance data as specified in state board 1798 rule. 1799 Section 24. For the purpose of incorporating the amendment 1800 made by this act to section 985.03, Florida Statutes, in a 1801 reference thereto, section 985.721, Florida Statutes, is 1802 reenacted to read: 1803 985.721 Escapes from secure detention or residential 1804 commitment facility.—An escape from: 1805 (1) Any secure detention facility maintained for the 1806 temporary detention of children, pending adjudication, 1807 disposition, or placement; 1808 (2) Any residential commitment facility described in s. 1809 985.03(44), maintained for the custody, treatment, punishment, 1810 or rehabilitation of children found to have committed delinquent 1811 acts or violations of law; or 1812 (3) Lawful transportation to or from any such secure 1813 detention facility or residential commitment facility, 1814 1815 constitutes escape within the intent and meaning of s. 944.40 1816 and is a felony of the third degree, punishable as provided in 1817 s. 775.082, s. 775.083, or s. 775.084. 1818 Section 25. For the purpose of incorporating the amendment 1819 made by this act to section 985.115, Florida Statutes, in a 1820 reference thereto, subsection (1) of section 985.25, Florida 1821 Statutes, is reenacted to read: 1822 985.25 Detention intake.— 1823 (1) The department shall receive custody of a child who has 1824 been taken into custody from the law enforcement agency or court 1825 and shall review the facts in the law enforcement report or 1826 probable cause affidavit and make such further inquiry as may be 1827 necessary to determine whether detention care is appropriate. 1828 (a) During the period of time from the taking of the child 1829 into custody to the date of the detention hearing, the initial 1830 decision as to the child’s placement into detention care shall 1831 be made by the department under ss. 985.24 and 985.245(1). 1832 (b) The department shall base the decision whether to place 1833 the child into detention care on an assessment of risk in 1834 accordance with the risk assessment instrument and procedures 1835 developed by the department under s. 985.245, except that a 1836 child shall be placed in secure detention care until the child’s 1837 detention hearing if the child meets the criteria specified in 1838 s. 985.255(1)(f), is charged with possessing or discharging a 1839 firearm on school property in violation of s. 790.115, or is 1840 charged with any other offense involving the possession or use 1841 of a firearm. 1842 (c) If the final score on the child’s risk assessment 1843 instrument indicates detention care is appropriate, but the 1844 department otherwise determines the child should be released, 1845 the department shall contact the state attorney, who may 1846 authorize release. 1847 (d) If the final score on the risk assessment instrument 1848 indicates detention is not appropriate, the child may be 1849 released by the department in accordance with ss. 985.115 and 1850 985.13. 1851 1852 Under no circumstances shall the department or the state 1853 attorney or law enforcement officer authorize the detention of 1854 any child in a jail or other facility intended or used for the 1855 detention of adults, without an order of the court. 1856 Section 26. For the purpose of incorporating the amendment 1857 made by this act to section 985.27, Florida Statutes, in a 1858 reference thereto, subsection (3) of section 985.255, Florida 1859 Statutes, is reenacted to read: 1860 985.255 Detention criteria; detention hearing.— 1861 (3)(a) The purpose of the detention hearing required under 1862 subsection (1) is to determine the existence of probable cause 1863 that the child has committed the delinquent act or violation of 1864 law that he or she is charged with and the need for continued 1865 detention. The court shall use the results of the risk 1866 assessment performed by the department and, based on the 1867 criteria in subsection (1), shall determine the need for 1868 continued detention. If the child is a prolific juvenile 1869 offender who is detained under s. 985.26(2)(c), the court shall 1870 use the results of the risk assessment performed by the 1871 department and the criteria in subsection (1) or subsection (2) 1872 only to determine whether the prolific juvenile offender should 1873 be held in secure detention. 1874 (b) If the court orders a placement more restrictive than 1875 indicated by the results of the risk assessment instrument, the 1876 court shall state, in writing, clear and convincing reasons for 1877 such placement. 1878 (c) Except as provided in s. 790.22(8) or s. 985.27, when a 1879 child is placed into detention care, or into a respite home or 1880 other placement pursuant to a court order following a hearing, 1881 the court order must include specific instructions that direct 1882 the release of the child from such placement no later than 5 1883 p.m. on the last day of the detention period specified in s. 1884 985.26 or s. 985.27, whichever is applicable, unless the 1885 requirements of such applicable provision have been met or an 1886 order of continuance has been granted under s. 985.26(4). If the 1887 court order does not include a release date, the release date 1888 shall be requested from the court on the same date that the 1889 child is placed in detention care. If a subsequent hearing is 1890 needed to provide additional information to the court for safety 1891 planning, the initial order placing the child in detention care 1892 shall reflect the next detention review hearing, which shall be 1893 held within 3 calendar days after the child’s initial detention 1894 placement. 1895 Section 27. For the purpose of incorporating the amendment 1896 made by this act to section 985.441, Florida Statutes, in a 1897 reference thereto, paragraph (h) of subsection (2) of section 1898 985.475, Florida Statutes, is reenacted to read: 1899 985.475 Juvenile sexual offenders.— 1900 (2) Following a delinquency adjudicatory hearing under s. 1901 985.35, the court may on its own or upon request by the state or 1902 the department and subject to specific appropriation, determine 1903 whether a juvenile sexual offender placement is required for the 1904 protection of the public and what would be the best approach to 1905 address the treatment needs of the juvenile sexual offender. 1906 When the court determines that a juvenile has no history of a 1907 recent comprehensive assessment focused on sexually deviant 1908 behavior, the court may, subject to specific appropriation, 1909 order the department to conduct or arrange for an examination to 1910 determine whether the juvenile sexual offender is amenable to 1911 community-based treatment. 1912 (h) If the juvenile sexual offender violates any condition 1913 of the disposition or the court finds that the juvenile sexual 1914 offender is failing to make satisfactory progress in treatment, 1915 the court may revoke the community-based treatment alternative 1916 and order commitment to the department under s. 985.441. 1917 Section 28. For the purpose of incorporating the amendment 1918 made by this act to section 985.441, Florida Statutes, in a 1919 reference thereto, paragraph (b) of subsection (4) of section 1920 985.565, Florida Statutes, is reenacted to read: 1921 985.565 Sentencing powers; procedures; alternatives for 1922 juveniles prosecuted as adults.— 1923 (4) SENTENCING ALTERNATIVES.— 1924 (b) Juvenile sanctions.—For juveniles transferred to adult 1925 court but who do not qualify for such transfer under s. 1926 985.556(3), the court may impose juvenile sanctions under this 1927 paragraph. If juvenile sentences are imposed, the court shall, 1928 under this paragraph, adjudge the child to have committed a 1929 delinquent act. Adjudication of delinquency may not be deemed a 1930 conviction, nor shall it operate to impose any of the civil 1931 disabilities ordinarily resulting from a conviction. The court 1932 shall impose an adult sanction or a juvenile sanction and may 1933 not sentence the child to a combination of adult and juvenile 1934 punishments. An adult sanction or a juvenile sanction may 1935 include enforcement of an order of restitution or probation 1936 previously ordered in any juvenile proceeding. However, if the 1937 court imposes a juvenile sanction and the department determines 1938 that the sanction is unsuitable for the child, the department 1939 shall return custody of the child to the sentencing court for 1940 further proceedings, including the imposition of adult 1941 sanctions. Upon adjudicating a child delinquent under subsection 1942 (1), the court may: 1943 1. Place the child in a probation program under the 1944 supervision of the department for an indeterminate period of 1945 time until the child reaches the age of 19 years or sooner if 1946 discharged by order of the court. 1947 2. Commit the child to the department for treatment in an 1948 appropriate program for children for an indeterminate period of 1949 time until the child is 21 or sooner if discharged by the 1950 department. The department shall notify the court of its intent 1951 to discharge no later than 14 days before discharge. Failure of 1952 the court to timely respond to the department’s notice shall be 1953 considered approval for discharge. 1954 3. Order disposition under ss. 985.435, 985.437, 985.439, 1955 985.441, 985.45, and 985.455 as an alternative to youthful 1956 offender or adult sentencing if the court determines not to 1957 impose youthful offender or adult sanctions. 1958 1959 It is the intent of the Legislature that the criteria and 1960 guidelines in this subsection are mandatory and that a 1961 determination of disposition under this subsection is subject to 1962 the right of the child to appellate review under s. 985.534. 1963 Section 29. This act shall take effect July 1, 2024.