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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to juvenile justice; amending s. 2
943.0585, F.S.; permitting a juvenile with one prior 3
sealing or expunction to obtain a court -ordered 4
expunction; amending s. 985.01, F.S.; revising 5
purposes and intent concerning juvenile justice; 6
amending s. 985.03, F.S.; revising the definition of 7
"disposition hearing"; defining the term "replica 8
firearm"; amending s. 985.0301, F.S.; providing that a 9
court may retain post disposition jurisdiction until a 10
child reaches age 21 for certain youth on post -11
commitment probation; amending s. 985.032, F.S.; 12
providing that requests by the Department of Juvenile 13
Justice to modify court orders must be made by 14
counsel; providing an exception; amending s. 985.433, 15
F.S.; revising provisions relating to disposition 16
hearings; amending s. 985.439, F.S.; providing for the 17
tolling of a probation period when a notice of 18
affidavit of violation is filed until the allegation 19
is resolved; allowing continued supervision during the 20
tolling period; amending s. 985.455, F.S.; revising 21
provisions relating to children committed to the 22
department; amending s. 985.465, F.S.; revising the 23
maximum amount of time a juvenile may be committed to 24
a juvenile corrections facility in certain 25
HB 1273 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circumstances; revising the age ranges of juveniles 26
who may be committed to such facilities; revising the 27
offenses that permit juveniles to be committed to such 28
a facilities; amending ss. 330.41 and 985.721, F.S.; 29
conforming provisions to changes made by the act; 30
providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Paragraph (g) of subsection (1) of section 35
943.0585, Florida Statutes, is amended to read: 36
943.0585 Court-ordered expunction of criminal history 37
records.— 38
(1) ELIGIBILITY.—A person is eligible to petition a court 39
to expunge a criminal history record if: 40
(g) The person has never secured a prior sealing or 41
expunction of a criminal history record under this section, s. 42
943.059, former s. 893.14, former s. 901.33, or former s. 43
943.058, unless expunct ion is sought of a criminal history 44
record previously sealed for 10 years pursuant to paragraph (h) 45
and the record is otherwise eligible for expunction , with the 46
exception of one prior juvenile sealing or expunction which is 47
permissible under this subsecti on. 48
Section 2. Paragraphs (d) and (h) of subsection (1) of 49
section 985.01, Florida Statutes, are amended to read: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
985.01 Purposes and intent. — 51
(1) The purposes of this chapter are: 52
(d) To ensure the protection of society, by providing for 53
a comprehensive standardized assessment of the child's needs so 54
that the most appropriate control, discipline, punishment, and 55
treatment can be administered consistent with the seriousness of 56
the act committed, the community's long -term need for public 57
safety, the prior record of the child, and the specific 58
rehabilitation needs of the child, while also providing, 59
whenever possible, restitution to the victim of the offense. 60
(h) To care for children in the least restrictive and most 61
appropriate service environment s to ensure that children 62
assessed as low and moderate risk to reoffend are not committed 63
to residential programs, unless the court deems such placement 64
appropriate. 65
Section 3. Subsections (43) through (54) of section 66
985.03, Florida Statutes, are renu mbered as subsections (44) 67
through (55), respectively, subsection (21) of that section is 68
amended, and a new subsection (43) is added to that section, to 69
read: 70
985.03 Definitions. —As used in this chapter, the term: 71
(21) "Disposition hearing" means a he aring in which the 72
court determines the most appropriate dispositional services in 73
the least restrictive available setting provided for under part 74
VII, in delinquency cases. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(43) "Replica firearm" means any replica of a firearm, toy 76
gun, or other item th at substantially looks like a firearm or is 77
modified to reasonably look like a real functioning firearm when 78
it is used, possessed, displayed, or discharged. 79
Section 4. Paragraph (b) of subsection (5) of section 80
985.0301, Florida Statutes, is amended to read: 81
985.0301 Jurisdiction. — 82
(5) 83
(b) The court shall retain jurisdiction, unless 84
relinquished by its own order: 85
1. Over a child on probation until the child reaches 19 86
years of age. 87
2. Over a child committed to the department until the 88
child reaches 21 years of age, specifically for the purpose of 89
allowing the child to complete the commitment program, including 90
conditional release supervision or post commitment probation if 91
youth is 19 years of age or older upon release from the 92
commitment program. 93
Section 5. Subsection (2) of section 985.032, Florida 94
Statutes, is renumbered as subsection (3), and a new subsection 95
(2) is added to that section, to read: 96
985.032 Legal representation for delinquency cases. — 97
(2) Any request by the department to modify a court's 98
order, to include, but not be limited to, detention, probation, 99
or commitment orders and recommendations for early termination 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of probation or release from a commitment program, shall be made 101
by department counsel unless the request ad dresses a scrivener's 102
error. 103
Section 6. Subsections (7) through (10) of section 104
985.433, Florida Statutes, are renumbered as subsections (8) 105
through (11), respectively, present subsections (7) and (8) are 106
amended, and a new subsection (7) is added to t hat section, to 107
read: 108
985.433 Disposition hearings in delinquency cases. —When a 109
child has been found to have committed a delinquent act, the 110
following procedures shall be applicable to the disposition of 111
the case: 112
(7) The predisposition report, results of the 113
multidisciplinary staffing, and any of the department's 114
recommendations therein are to be given the weight the court 115
deems appropriate. 116
(8)(7) If the court determines that the child should be 117
adjudicated as having committed a delinquent act and s hould be 118
committed to the department, such determination shall be in 119
writing or on the record of the hearing. The determination shall 120
include a specific finding of the reasons for the decision to 121
adjudicate and to commit the child to the department, includ ing 122
any determination that the child was a member of a criminal gang 123
or used, possessed, displayed, or discharged a firearm or 124
replica firearm; or used or displayed a deadly weapon . 125
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(a) The department shall recommend to the court the most 126
appropriate placement and treatment plan, specifically 127
identifying the restrictiveness level most appropriate for the 128
child if commitment is recommended. If the court has determined 129
that the child was a member of a criminal gang, that 130
determination shall be given great w eight in identifying the 131
most appropriate restrictiveness level for the child. The court 132
shall consider the department's recommendation in making its 133
commitment decision. 134
(b) The court may shall commit the child to the department 135
at the restrictiveness l evel identified or may order placement 136
at a different restrictiveness level. The court shall state in 137
writing for the record the reasons that establish by a 138
preponderance of the evidence why the court is deviating from 139
disregarding the assessment of the ch ild and the restrictiveness 140
level recommended by the department. Any party may appeal the 141
court's findings resulting in a modified level of 142
restrictiveness under this paragraph. 143
(c) If the court determines that it is necessary, pursuant 144
to s. 985.465, for a child to stay in a physically secure 145
residential commitment program in excess of 36 months, the court 146
shall state in writing the reasons it finds the minimum length 147
of stay necessary. The court may consider the following factors 148
when making this determ ination of necessity: 149
1. Whether the current offense would be a life or first -150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
degree felony if committed by an adult; 151
2. Whether the current offense involves the possession, 152
display, or discharge of a firearm; 153
3. Whether the current offense was again st a person and 154
not property; 155
4. Whether the current offense was committed in an 156
aggressive, violent, premeditated, or willful manner; 157
5. Whether the child has prior adjudications or withholds 158
of adjudication for offenses involving firearms or the disp lay 159
or use of a deadly weapon; 160
6. Whether the child has prior adjudications or withholds 161
of adjudication for offenses listed in s. 985.465(1); 162
7. Whether the child has any mental health issues or 163
intellectual disabilities that would make extended commi tment 164
detrimental to the child's development; 165
8. Whether the child acted under extreme duress or under 166
the domination of another person; 167
9. Whether the child has no prior adjudications or 168
withholds of adjudication; or 169
10. Whether the child has been unsuccessful in less -170
restrictive rehabilitative placements. 171
(d)(c) The court may also require that the child be placed 172
in a probation program following the child's discharge from 173
commitment. Community -based sanctions under subsection (9) (8) 174
may be imposed by the court at the disposition hearing or at any 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
time prior to the child's release from commitment. 176
(9)(8) If the court determines not to adjudicate and 177
commit to the department, then the court shall determine what 178
community-based sanctions it will impose in a probation program 179
for the child. Community -based sanctions may include, but are 180
not limited to, counselling services, participation in substance 181
abuse treatment, a day -treatment probation program, restitution 182
in money or in kind, a curfew, supervised release with or 183
without electronic monitoring, revocation, or suspension of the 184
driver license of the child, community service, and appropriate 185
educational programs as determined by the district school board. 186
Section 7. Subsections (2) through (5) of section 985.439, 187
Florida Statutes, are renumbered as subsections (3) through (6), 188
respectively, and a new subsection (2) is added to that section, 189
to read: 190
985.439 Violation of probation or postcommitment 191
probation.— 192
(2) Upon the filing of an affidavit alleging a violation 193
of probation and following the issuance of a custody order for 194
such violation, or a notice to appear under this section, the 195
probationary period is tolled until the court enters a ruling on 196
the alleged violation. Notwithstanding the tolling of probation, 197
the court shall retain jurisdiction over the juvenile for any 198
violation of the conditions of probation that is alleged to have 199
occurred during the tolling period. The probation officer is 200
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permitted to continue to supervise the juvenile who remains 201
available to the officer for supervision. The court will 202
maintain jurisdiction until the juvenile reaches the age of 19 203
or 21 pursuant to s. 985.0301. 204
Section 8. Subsection (3) of section 985.455, Florid a 205
Statutes, is amended to read: 206
985.455 Other dispositional issues. — 207
(3) Any commitment of a delinquent child to the department 208
must have the court determine a minimum period of time to remain 209
in the program; however, the child must remain until the pr ogram 210
is completed. must be for an indeterminate period of time, which 211
may include periods of temporary release; however, The period of 212
time may not exceed the maximum term of imprisonment that an 213
adult may serve for the same offense, except that the durat ion 214
of a minimum-risk nonresidential commitment for an offense that 215
is a misdemeanor of the second degree, or is equivalent to a 216
misdemeanor of the second degree, may be for a period not to 217
exceed 6 months. The child shall have an objective performance -218
based treatment plan while in the commitment program The 219
duration of the child's placement in a commitment program of any 220
restrictiveness level shall be based on objective performance -221
based treatment planning . The child's treatment plan progress 222
and adjustment-related issues shall be reported to the court 223
quarterly, unless the court requests monthly reports. If the 224
child is under the jurisdiction of a dependency court, the court 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may receive and consider any information provided by the 226
Guardian Ad Litem Program or the child's attorney ad litem, if 227
appointed. The child's length of stay in a commitment program 228
may be extended if the child fails to comply with or participate 229
in treatment activities. The child's length of stay in the 230
program shall not be extended fo r purposes of sanction or 231
punishment. Any temporary release from such program must be 232
approved by the court. Any child so committed may be discharged 233
from institutional confinement or a program upon the direction 234
of the department with the concurrence of t he court. The child's 235
treatment plan progress and adjustment -related issues must be 236
communicated to the court at the time the department requests 237
the court to consider releasing the child from the commitment 238
program. The department shall give the court tha t committed the 239
child to the department reasonable notice, in writing, of its 240
desire to discharge the child from a commitment facility. The 241
court that committed the child may thereafter accept or reject 242
the request. If the court does not respond within 10 days after 243
receipt of the notice, the request of the department shall be 244
deemed granted. This section does not limit the department's 245
authority to revoke a child's temporary release status and 246
return the child to a commitment facility for any violation of 247
the terms and conditions of the temporary release. 248
Section 9. Section 985.465, Florida Statutes, is amended 249
to read: 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
985.465 Juvenile correctional facilities or juvenile 251
prison.—A juvenile correctional facility or juvenile prison is a 252
physically secure residential commitment program with a 253
designated length of stay from 18 months to 36 months or longer 254
if the court makes a finding of necessity as required in s. 255
985.433(8)(c), primarily serving children 12 13 years of age to 256
21 19 years of age or until the jurisdiction of the court 257
expires. Each child committed to this level must meet one of the 258
following criteria: 259
(1) The child is at least 12 13 years of age at the time 260
of the disposition for the current offense and has been 261
adjudicated on the curren t offense for: 262
(a) Arson; 263
(b) Sexual battery; 264
(c) Robbery; 265
(d) Kidnapping; 266
(e) Aggravated child abuse; 267
(f) Aggravated assault with a firearm or replica firearm ; 268
(g) Aggravated stalking; 269
(h) Murder; 270
(i) Manslaughter; 271
(j) Unlawful throwin g, placing, or discharging of a 272
destructive device or bomb; 273
(k) Armed burglary; 274
(l) Aggravated battery; 275
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(m) Carjacking; 276
(n) Home-invasion robbery; 277
(o) Burglary with an assault or battery; 278
(p) Any lewd or lascivious offense committed upon or in 279
the presence of a person less than 16 years of age; or 280
(q) Carrying, displaying, using, threatening to use, or 281
attempting to use a weapon or firearm or replica firearm during 282
the commission of a felony or displaying or using a deadly 283
weapon during the co mmission of a felony; or 284
(r) Written or electronic threats to kill, do bodily 285
injury, or conduct a mass shooting or an act of terrorism . 286
(2) The child is at least 13 years of age at the time of 287
the disposition, the current offense is a felony, and the child 288
has previously been committed three or more times to a 289
delinquency commitment program. 290
(3) The child is at least 13 years of age and is currently 291
committed for a felony offense and transferred from a moderate -292
risk or high-risk residential commitmen t placement. 293
(4) The child is at least 13 years of age at the time of 294
the disposition for the current offense, the child is eligible 295
for prosecution as an adult for the current offense, and the 296
current offense is ranked at level 7 or higher on the Crimin al 297
Punishment Code offense severity ranking chart pursuant to s. 298
921.0022. 299
Section 10. Paragraph (a) of subsection (2) of section 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
330.41, Florida Statutes, is amended to read: 301
330.41 Unmanned Aircraft Systems Act. — 302
(2) DEFINITIONS.—As used in this act, the term: 303
(a) "Critical infrastructure facility" means any of the 304
following, if completely enclosed by a fence or other physical 305
barrier that is obviously designed to exclude intruders, or if 306
clearly marked with a sign or signs which indicate that e ntry is 307
forbidden and which are posted on the property in a manner 308
reasonably likely to come to the attention of intruders: 309
1. An electrical power generation or transmission 310
facility, substation, switching station, or electrical control 311
center. 312
2. A chemical or rubber manufacturing or storage facility. 313
3. A mining facility. 314
4. A natural gas or compressed gas compressor station, 315
storage facility, or natural gas or compressed gas pipeline. 316
5. A liquid natural gas or propane gas terminal or storage 317
facility with a capacity of 4,000 gallons or more. 318
6. Any portion of an aboveground oil or gas pipeline. 319
7. A wireless communications facility, including the 320
tower, antennae, support structures, and all associated ground -321
based equipment. 322
8. A state correctional institution as defined in s. 323
944.02 or a private correctional facility authorized under 324
chapter 957. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
9. A secure detention center or facility, as defined in s. 326
985.03, or a nonsecure residential facility, a high -risk 327
residential facility, or a maximum-risk residential facility, as 328
those terms are described in s. 985.03(45) s. 985.03(44). 329
10. A county detention facility, as defined in s. 951.23. 330
Section 11. Subsection (2) of section 985.721, Florida 331
Statutes, is amended to read: 332
985.721 Escapes from secure detention or residential 333
commitment facility. —An escape from: 334
(2) Any residential commitment facility described in s. 335
985.03(45) s. 985.03(44), maintained for the custody, treatment, 336
punishment, or rehabilitation of children found to have 337
committed delinquent acts or violations of law; or 338
339
constitutes escape within the intent and meaning of s. 944.40 340
and is a felony of the third degree, punishable as provided in 341
s. 775.082, s. 775.083, or s. 775.084. 342
Section 12. This act shall take effect July 1, 2023. 343