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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 VE S
A bill to be entitled 1
An act relating to juvenile justice; amending s. 2
790.115, F.S.; removing a provision requiring 3
specified treatment of minors charged with possessing 4
or discharging a firearm on school property; amending 5
s. 790.22, F.S.; revising penalties for minors 6
committing specified firearms violations; removing 7
provisions concerning minors charged with or convicted 8
of certain firearms offenses; amending s. 985.101, 9
F.S.; conforming provisions to changes made by the 10
act; amending s. 985.12, F.S.; redesignating civil 11
citation programs as prearrest delinquency citation 12
programs; revising program requirements; providing 13
that certain existing programs meeting certain 14
requirements shall be deemed authorized; amending s. 15
985.125, F.S.; conforming provisions to changes made 16
by the act; amending s. 985.126, F.S.; requiring the 17
Department of Juvenile Justice to publish a quarterly 18
report concerning entities using delinquency citations 19
for less than a specified amount of eligible offenses; 20
amending s. 985.245, F.S.; conforming prov isions to 21
changes made by the act; amending s. 985.25, F.S.; 22
requiring that youths who are arrested for certain 23
electronic monitoring violations be placed in secure 24
detention until a detention hearing; requiring that a 25
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child on probation for an underlying felony firearm 26
offense who is taken into custody be placed in secure 27
detention; providing for renewal of secure detention 28
periods in certain circumstances; amending s. 985.255, 29
F.S.; providing that when there is probable cause that 30
a child committed one of a specified list of offenses 31
that he or she is presumed to be a risk to public 32
safety and danger to the community and must be held in 33
secure a detention before an adjudicatory hearing; 34
providing requirements for release of such a child 35
despite the presumption; revising language concerning 36
the use of risk assessments; amending s. 985.26, F.S.; 37
revising requirements for holding a child in secure 38
detention for more than 21 days; amending s. 985.433, 39
F.S.; requiring conditional release conditions for 40
children released after confinement for specified 41
firearms offenses; requiring specified sanctions for 42
certain children adjudicated for certain firearms 43
offenses who are not committed to a residential 44
program; providing that children who previously have 45
had adjudication withheld for certain offenses my not 46
have adjudication withheld for specified offenses; 47
amending s. 985.435, F.S.; conforming provisions to 48
changes made by the act; creating s. 985.438, F.S.; 49
requiring the Department of Juvenile Justice to create 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 VE S
and administer a graduated response matrix to hold 51
youths accountable to the terms of their court ordered 52
probation and the terms of their conditional release; 53
providing requirements for the matrix; amending s. 54
985.439, F.S.; requiring a state attorney to fil e a 55
probation violation within a specified period or 56
inform he court and the Department of Juvenile Justice 57
why such violation is not filed; removing provisions 58
concerning an alternative consequence program; 59
allowing placement of electronic monitoring for 60
probation violations in certain circumstances; 61
amending s. 985.455, F.S.; authorizing a court to make 62
an exception to an order of revocation or suspension 63
of driving privileges in certain circumstances; 64
amending s. 985.46, F.S.; revising legislative intent 65
concerning conditional release; revising the 66
conditions of conditional release; providing for 67
assessment of conditional release violations and 68
possible recommitment of violators; amending ss. 69
985.48 and 985.4815, F.S.; conforming provisions to 70
changes made by the act; amending s. 985.601, F.S.; 71
requiring the Department of Juvenile justice to 72
establish a specified class for firearms offenders; 73
amending s. 985.711, F.S.; revising provisions 74
concerning introduction of contraband into department 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 VE S
facilities; revising criminal penalties for 76
violations; amending s. 1002.221, F.S.; revising 77
provisions concerning educational records for certain 78
purposes; amending ss. 943.051, 985.11, and 1006.07, 79
F.S.; conforming provisions to changes made by the 80
act; providing an effective date. 81
82
Be It Enacted by the Legislature of the State of Florida: 83
84
Section 1. Subsection (4) of section 790.115, Florida 85
Statutes, is amended to read: 86
790.115 Possessing or discharging weapons or firearms at a 87
school-sponsored event or on school property prohibited; 88
penalties; exceptions. — 89
(4) Notwithstanding s. 985.24, s. 985.245, or s. 90
985.25(1), any minor under 18 years of age who is charged under 91
this section with possessing or discharging a firearm on school 92
property shall be detain ed in secure detention, unless the state 93
attorney authorizes the release of the minor, and shall be given 94
a probable cause hearing within 24 hours after being taken into 95
custody. At the hearing, the court may order that the minor 96
continue to be held in sec ure detention for a period of 21 days, 97
during which time the minor shall receive medical, psychiatric, 98
psychological, or substance abuse examinations pursuant to s. 99
985.18, and a written report shall be completed. 100
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Section 2. Subsections (1), (5), (8), (9), and (10) of 101
section 790.22, Florida Statutes, are amended, and subsection 102
(3) of that section is republished, to read: 103
790.22 Use of BB guns, air or gas -operated guns, or 104
electric weapons or devices by minor under 16; limitation; 105
possession of firearms by minor under 18 prohibited; penalties. — 106
(1) The use for any purpose whatsoever of BB guns, air or 107
gas-operated guns, or electric weapons or devices, by any minor 108
under the age of 16 years is prohibited unless such use is under 109
the supervision and i n the presence of an adult who is acting 110
with the consent of the minor's parent or guardian. 111
(3) A minor under 18 years of age may not possess a 112
firearm, other than an unloaded firearm at his or her home, 113
unless: 114
(a) The minor is engaged in a lawful hu nting activity and 115
is: 116
1. At least 16 years of age; or 117
2. Under 16 years of age and supervised by an adult. 118
(b) The minor is engaged in a lawful marksmanship 119
competition or practice or other lawful recreational shooting 120
activity and is: 121
1. At least 16 years of age; or 122
2. Under 16 years of age and supervised by an adult who is 123
acting with the consent of the minor's parent or guardian. 124
(c) The firearm is unloaded and is being transported by 125
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the minor directly to or from an event authorized in paragraph 126
(a) or paragraph (b). 127
(5)(a) A minor who violates subsection (3) commits a 128
felony misdemeanor of the third first degree; for a first 129
offense, shall may serve a period of detention of up to 5 days 130
in a secure detention facility , with credit for time served in 131
secure detention prior to disposition ; and, in addition to any 132
other penalty provided by law, shall be required to perform 100 133
hours of community service or paid work as determined by the 134
department. For a second violation of subsection (3), a minor 135
shall serve 21 days in a secure detention facility, with credit 136
for time served in secure detention before disposition; and 137
shall be required to perform not less than 100 nor more than 250 138
hours of community service or paid work as determined by t he 139
department. For a third or subsequent violation of subsection 140
(3), a minor shall be adjudicated delinquent and committed to a 141
residential program. In addition to the penalties for a first 142
offense and a second or subsequent offense under subsection (3) ; 143
and: 144
(a)1. If the minor is eligible by reason of age for a 145
driver license or driving privilege, the court may direct the 146
Department of Highway Safety and Motor Vehicles to revoke or to 147
withhold issuance of the minor's driver license or driving 148
privilege for up to 1 year for a first offense and up to 2 years 149
for a second or subsequent offense . 150
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(b)2. If the minor's driver license or driving privilege 151
is under suspension or revocation for any reason, the court may 152
direct the Department of Highway Safety an d Motor Vehicles to 153
extend the period of suspension or revocation by an additional 154
period of up to 1 year for a first offense and up to 2 years for 155
a second or subsequent offense . 156
(c)3. If the minor is ineligible by reason of age for a 157
driver license or driving privilege, the court may direct the 158
Department of Highway Safety and Motor Vehicles to withhold 159
issuance of the minor's driver license or driving privilege for 160
up to 1 year after the date on which the minor would otherwise 161
have become eligible for a first offense and up to 2 years for a 162
second or subsequent offense . 163
(b) For a second or subsequent offense, a minor who 164
violates subsection (3) commits a felony of the third degree and 165
shall serve a period of detention of up to 21 days in a secure 166
detention facility and shall be required to perform not less 167
than 100 nor more than 250 hours of community service, and: 168
1. If the minor is eligible by reason of age for a driver 169
license or driving privilege, the court may direct the 170
Department of Highway Sa fety and Motor Vehicles to revoke or to 171
withhold issuance of the minor's driver license or driving 172
privilege for up to 2 years. 173
2. If the minor's driver license or driving privilege is 174
under suspension or revocation for any reason, the court may 175
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direct the Department of Highway Safety and Motor Vehicles to 176
extend the period of suspension or revocation by an additional 177
period of up to 2 years. 178
3. If the minor is ineligible by reason of age for a 179
driver license or driving privilege, the court may direct t he 180
Department of Highway Safety and Motor Vehicles to withhold 181
issuance of the minor's driver license or driving privilege for 182
up to 2 years after the date on which the minor would otherwise 183
have become eligible. 184
185
For the purposes of this subsection, commu nity service shall be 186
performed, if possible, in a manner involving a hospital 187
emergency room or other medical environment that deals on a 188
regular basis with trauma patients and gunshot wounds. 189
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor 190
is charged with an offense that involves the use or possession 191
of a firearm, including a violation of subsection (3), or is 192
charged for any offense during the commission of which the minor 193
possessed a firearm, the minor shall be detained in secure 194
detention, unless the state attorney authorizes the release of 195
the minor, and shall be given a hearing within 24 hours after 196
being taken into custody. At the hearing, the court may order 197
that the minor continue to be held in secure detention in 198
accordance with the a pplicable time periods specified in s. 199
985.26(1)-(5), if the court finds that the minor meets the 200
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criteria specified in s. 985.255, or if the court finds by clear 201
and convincing evidence that the minor is a clear and present 202
danger to himself or herself or the community. The Department of 203
Juvenile Justice shall prepare a form for all minors charged 204
under this subsection which states the period of detention and 205
the relevant demographic information, including, but not limited 206
to, the gender, age, and race of the minor; whether or not the 207
minor was represented by private counsel or a public defender; 208
the current offense; and the minor's complete prior record, 209
including any pending cases. The form shall be provided to the 210
judge for determining whether the minor should be continued in 211
secure detention under this subsection. An order placing a minor 212
in secure detention because the minor is a clear and present 213
danger to himself or herself or the community must be in 214
writing, must specify the need for detention and t he benefits 215
derived by the minor or the community by placing the minor in 216
secure detention, and must include a copy of the form provided 217
by the department. 218
(9) Notwithstanding s. 985.245, if the minor is found to 219
have committed an offense that involves t he use or possession of 220
a firearm, as defined in s. 790.001, other than a violation of 221
subsection (3), or an offense during the commission of which the 222
minor possessed a firearm, and the minor is not committed to a 223
residential commitment program of the Dep artment of Juvenile 224
Justice, in addition to any other punishment provided by law, 225
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the court shall order: 226
(a) For a first offense, that the minor shall serve a 227
minimum period of detention of 15 days in a secure detention 228
facility; and 229
1. Perform 100 hours of community service; and may 230
2. Be placed on community control or in a nonresidential 231
commitment program. 232
(b) For a second or subsequent offense, that the minor 233
shall serve a mandatory period of detention of at least 21 days 234
in a secure detention f acility; and 235
1. Perform not less than 100 nor more than 250 hours of 236
community service; and may 237
2. Be placed on community control or in a nonresidential 238
commitment program. 239
240
The minor shall not receive credit for time served before 241
adjudication. For th e purposes of this subsection, community 242
service shall be performed, if possible, in a manner involving a 243
hospital emergency room or other medical environment that deals 244
on a regular basis with trauma patients and gunshot wounds. 245
(10) If a minor is found to have committed an offense 246
under subsection (9), the court shall impose the following 247
penalties in addition to any penalty imposed under paragraph 248
(9)(a) or paragraph (9)(b): 249
(a) For a first offense: 250
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1. If the minor is eligible by reason of age for a driver 251
license or driving privilege, the court may direct the 252
Department of Highway Safety and Motor Vehicles to revoke or to 253
withhold issuance of the minor's driver license or driving 254
privilege for up to 1 year. 255
2. If the minor's driver license or dri ving privilege is 256
under suspension or revocation for any reason, the court may 257
direct the Department of Highway Safety and Motor Vehicles to 258
extend the period of suspension or revocation by an additional 259
period for up to 1 year. 260
3. If the minor is ineligible by reason of age for a 261
driver license or driving privilege, the court may direct the 262
Department of Highway Safety and Motor Vehicles to withhold 263
issuance of the minor's driver license or driving privilege for 264
up to 1 year after the date on which the minor would otherwise 265
have become eligible. 266
(b) For a second or subsequent offense: 267
1. If the minor is eligible by reason of age for a driver 268
license or driving privilege, the court may direct the 269
Department of Highway Safety and Motor Vehicles to revoke or to 270
withhold issuance of the minor's driver license or driving 271
privilege for up to 2 years. 272
2. If the minor's driver license or driving privilege is 273
under suspension or revocation for any reason, the court may 274
direct the Department of Highway Safety and Motor Vehicles to 275
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extend the period of suspension or revocation by an additional 276
period for up to 2 years. 277
3. If the minor is ineligible by reason of age for a 278
driver license or driving privilege, the court may direct the 279
Department of Highway Safety and Motor Vehicles to withhold 280
issuance of the minor's driver license or driving privilege for 281
up to 2 years after the date on which the minor would otherwise 282
have become eligible. 283
Section 3. Paragraph (d) of subsection (1) of section 284
985.101, Florida Statutes, is amended to read: 285
985.101 Taking a child into custody. — 286
(1) A child may be taken into custody under the following 287
circumstances: 288
(d) By a law enforcement officer who has probable cause to 289
believe that the child is in violation of the conditions of the 290
child's probation, supervised release detention , postcommitment 291
probation, or conditional release supervision; has absconded 292
from nonresidential commitment; or has escaped from residential 293
commitment. 294
295
Nothing in this subsection shall be construed to allow the 296
detention of a child who does not meet the detention criteria in 297
part V. 298
Section 4. Section 985.12, Florida Statutes, is amended to 299
read: 300
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985.12 Prearrest delinquency Civil citation or similar 301
prearrest diversion programs.— 302
(1) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds 303
that the creation and implementation of delinquency civil 304
citation or similar prearrest diversion programs at the judicial 305
circuit level promotes public safety, aids interagency 306
cooperation, and provides the greatest chance of success for 307
delinquency civil citation and similar prearrest diversion 308
programs. The Legislature further finds that the widespread use 309
of delinquency civil citation and similar prearrest diversion 310
programs has a positive effect on the criminal justice system by 311
immediately holding youth accountable for their actions and 312
contributes to an overall reduction in the crime rate and 313
recidivism in the state. The Legislature encourages but does not 314
mandate that counties, municipalities, and public or private 315
educational institutions participate in a delinquency civil 316
citation or similar prearrest diversion program created by their 317
judicial circuit under this section. 318
(2) JUDICIAL CIRCUIT DELINQUENCY CIVIL CITATION OR SIMILAR 319
PREARREST DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND 320
OPERATION.— 321
(a) A delinquency civil citation or similar prearrest 322
diversion program for misdemeanor offenses shall be established 323
in each judicial circuit in the state. The state attorney and 324
public defender of each circuit, the clerk of the court for each 325
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county in the circuit, and representatives of participating law 326
enforcement agencies in the circuit shall create a delinquency 327
civil citation or similar prearrest diversion program and 328
develop its policies and procedures. In developing the program's 329
policies and procedures, input from other interested 330
stakeholders may be solicited. The department shall annually 331
develop and provide guidelines on best practice models for 332
delinquency civil citation or similar prearrest diversion 333
programs to the judicial circuits as a resource. 334
(b) Each judicial circuit' s delinquency civil citation or 335
similar prearrest diversion program must specify all of the 336
following: 337
1. The misdemeanor offenses that qualify a juvenile for 338
participation in the program . Offenses involving the use or 339
possession of a firearm are not eli gible for delinquency 340
citation.; 341
2. The eligibility criteria for the program .; 342
3. The program's implementation and operation .; 343
4. The program's requirements, including, but not limited 344
to, the completion of community service hours, payment of 345
restitution, if applicable, classes established by the 346
department or the delinquency citation entity , and intervention 347
services indicated by a needs assessment of the juvenile, 348
approved by the department, such as family counseling, 349
urinalysis monitoring, and substance abuse and mental health 350
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treatment services.; and 351
5. A program fee, if any, to be paid by a juvenile 352
participating in the program. If the program imposes a fee, the 353
clerk of the court of the applicable county must receive a 354
reasonable portion of the fee. 355
(c) The state attorney of each circuit shall operate a 356
delinquency civil citation or similar prearrest diversion 357
program in each circuit. A sheriff, police department, county, 358
municipality, locally authorized entity, or public or private 359
educational institution may continue to operate an independent 360
delinquency civil citation or similar prearrest diversion 361
program that is in operation as of October 1, 2018, if the 362
independent program is reviewed by the state attorney of the 363
applicable circuit and he or she determines that the independent 364
program is substantially similar to the delinquency civil 365
citation or similar prearrest diversion program developed by the 366
circuit. If the state attorney determines that the independent 367
program is not substantially similar to the delinquency civil 368
citation or similar prearrest diversion program developed by the 369
circuit, the operator of the independent diversion program may 370
revise the program and the state attorney may conduct an 371
additional review of the independent program. A civil citation 372
or similar prearrest diversion program existing before July 1, 373
2024, shall be deemed a delinquency citation program authorized 374
by this section if the civil citation or similar prearrest 375
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diversion program has been approved by the state attorney of the 376
circuit in which it operates and it complies with the 377
requirements in para graph (2)(b). 378
(d) A judicial circuit may model an existing sheriff's, 379
police department's, county's, municipality's, locally 380
authorized entity's, or public or private educational 381
institution's independent civil citation or similar prearrest 382
diversion program in developing the civil citation or similar 383
prearrest diversion program for the circuit. 384
(d)(e) If a juvenile does not successfully complete the 385
delinquency civil citation or similar prearrest diversion 386
program, the arresting law enforcement officer shall determine 387
if there is good cause to arrest the juvenile for the original 388
misdemeanor offense and refer the case to the state attorney to 389
determine if prosecution is appropriate or allow the juvenile to 390
continue in the program. 391
(e)(f) Each delinquency civil citation or similar 392
prearrest diversion program shall enter the appropriate youth 393
data into the Juvenile Justice Information System Prevention Web 394
within 7 days after the admission of the youth into the program. 395
(f)(g) At the conclusion of a ju venile's delinquency civil 396
citation or similar prearrest diversion program, the state 397
attorney or operator of the independent program shall report the 398
outcome to the department. The issuance of a delinquency civil 399
citation or similar prearrest diversion program notice is not 400
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considered a referral to the department. 401
(g)(h) Upon issuing a delinquency civil citation or 402
similar prearrest diversion program notice, the law enforcement 403
officer shall send a copy of the delinquency civil citation or 404
similar prearrest diversion program notice to the parent or 405
guardian of the child and to the victim. 406
Section 5. Section 985.125, Florida Statutes, is amended 407
to read: 408
985.125 Prearrest or Postarrest diversion programs. — 409
(1) A law enforcement agency or school district, in 410
cooperation with the state attorney, may establish a prearrest 411
or postarrest diversion program. 412
(2) As part of the prearrest or postarrest diversion 413
program, a child who is alleged to have committed a delinquent 414
act may be required to surren der his or her driver license, or 415
refrain from applying for a driver license, for not more than 90 416
days. If the child fails to comply with the requirements of the 417
program, the state attorney may notify the Department of Highway 418
Safety and Motor Vehicles in writing to suspend the child's 419
driver license for a period that may not exceed 90 days. 420
Section 6. Subsections (5) and (6) of section 985.126, 421
Florida Statutes, are renumbered as subsections (6) and (7), 422
respectively, subsections (3) and (4) of that section are 423
amended, and a new subsection (5) is added to that section, to 424
read: 425
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985.126 Diversion programs; data collection; denial of 426
participation or expunged record. — 427
(3)(a) Beginning October 1, 2018, Each diversion program 428
shall submit data to the department which identifies for each 429
minor participating in the diversion program: 430
1. The race, ethnicity, gender, and age of that minor. 431
2. The offense committed, including the specific law 432
establishing the offense. 433
3. The judicial circuit and coun ty in which the offense 434
was committed and the law enforcement agency that had contact 435
with the minor for the offense. 436
4. Other demographic information necessary to properly 437
register a case into the Juvenile Justice Information System 438
Prevention Web, as s pecified by the department. 439
(b) Beginning October 1, 2018, Each law enforcement agency 440
shall submit to the department data for every youth charged for 441
the first-time, who is charged with a misdemeanor, and who was 442
that identifies for each minor who was e ligible for a diversion 443
program, but was instead referred to the department, provided a 444
notice to appear, or arrested: 445
1. The data required pursuant to paragraph (a). 446
2. Whether the minor was offered the opportunity to 447
participate in a diversion progra m. If the minor was: 448
a. Not offered such opportunity, the reason such offer was 449
not made. 450
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b. Offered such opportunity, whether the minor or his or 451
her parent or legal guardian declined to participate in the 452
diversion program. 453
(c) The data required pu rsuant to paragraph (a) shall be 454
entered into the Juvenile Justice Information System Prevention 455
Web within 7 days after the youth's admission into the program. 456
(d) The data required pursuant to paragraph (b) shall be 457
submitted on or with the arrest affi davit or notice to appear. 458
(4) Beginning January 1, 2019, The department shall 459
compile and semiannually publish the data required by subsection 460
(3) on the department's website in a format that is, at a 461
minimum, sortable by judicial circuit, county, law e nforcement 462
agency, race, ethnicity, gender, age, and offense committed. 463
(5) The department shall provide a quarterly report to be 464
published on its website and distributed to the Governor, 465
President of the Senate, and Speaker of the House of 466
Representatives listing the entities that use delinquency 467
citations for less than 70 percent of first -time misdemeanor 468
offenses. 469
Section 7. Subsection (4) of section 985.245, Florida 470
Statutes, is amended to read: 471
985.245 Risk assessment instrument. — 472
(4) For a child who is under the supervision of the 473
department through probation, supervised release detention, 474
conditional release, postcommitment probation, or commitment and 475
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who is charged with committing a new offense, the risk 476
assessment instrument may be comple ted and scored based on the 477
underlying charge for which the child was placed under the 478
supervision of the department. 479
Section 8. Subsection (1) of section 985.25, Florida 480
Statutes, is amended to read: 481
985.25 Detention intake. — 482
(1) The department sh all receive custody of a child who 483
has been taken into custody from the law enforcement agency or 484
court and shall review the facts in the law enforcement report 485
or probable cause affidavit and make such further inquiry as may 486
be necessary to determine whet her detention care is appropriate. 487
(a) During the period of time from the taking of the child 488
into custody to the date of the detention hearing, the initial 489
decision as to the child's placement into detention care shall 490
be made by the department under ss . 985.24 and 985.245(1). 491
(b) The department shall base the decision whether to 492
place the child into detention care on an assessment of risk in 493
accordance with the risk assessment instrument and procedures 494
developed by the department under s. 985.245, exc ept that a 495
child shall be placed in secure detention care until the child's 496
detention hearing if the child meets the criteria specified in 497
s. 985.255(1)(f), is charged with possessing or discharging a 498
firearm on school property in violation of s. 790.115, or is 499
charged with any other offense involving the possession or use 500
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of a firearm. 501
(c) If the final score on the child's risk assessment 502
instrument indicates detention care is appropriate, but the 503
department otherwise determines the child should be relea sed, 504
the department shall contact the state attorney, who may 505
authorize release. 506
(d) If the final score on the risk assessment instrument 507
indicates detention is not appropriate, the child may be 508
released by the department in accordance with ss. 985.115 a nd 509
985.13. 510
(e) Notwithstanding any other provision of law, a youth 511
who is arrested for violating the terms of his or her electronic 512
monitoring supervision or his or her supervised release shall be 513
placed in secure detention until a detention hearing. 514
(f) Notwithstanding any other provision of law, a child on 515
probation for an underlying felony firearm offense as defined in 516
chapter 790 and who is taken into custody under s. 985.101 for 517
violating conditions of probation not involving a new law 518
violation shall be held in secure detention to allow the state 519
attorney to review the violation. If, within 21 days, the state 520
attorney notifies the court that commitment will be sought, then 521
the child shall remain in secure detention pending proceedings 522
under s. 985.439 until the initial 21 -day period of secure 523
detention has expired. Upon motion of the state attorney, the 524
child may be held for an additional 21 -day period if the court 525
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finds that the totality of the circumstances, including the 526
preservation of public sa fety, warrants such extension. Any 527
release from secure detention shall result in the child being 528
held on supervised release with electronic monitoring pending 529
proceedings under s. 985.439. 530
531
Under no circumstances shall the department or the state 532
attorney or law enforcement officer authorize the detention of 533
any child in a jail or other facility intended or used for the 534
detention of adults, without an order of the court. 535
Section 9. Paragraph (a) of subsection (1) and subsection 536
(3) of section 985.255, F lorida Statutes, are amended, and 537
paragraphs (g) and (h) are added to subsection (1) of that 538
section, to read: 539
985.255 Detention criteria; detention hearing. — 540
(1) Subject to s. 985.25(1), a child taken into custody 541
and placed into detention care shall be given a hearing within 542
24 hours after being taken into custody. At the hearing, the 543
court may order a continued detention status if: 544
(a) The result of the risk assessment instrument pursuant 545
to s. 985.245 indicates secure or supervised release detenti on 546
or the court makes the findings required under paragraph (3)(b) . 547
(g) The court finds probable cause at the detention 548
hearing that the child committed one or more of the following 549
offenses: 550
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1. Murder in the first degree under s. 782.04(1)(a). 551
2. Murder in the second degree under s. 782.04(2). 552
3. Armed robbery under s. 812.13(2)(a) that involves the 553
use or possession of a firearm as defined in s. 790.001. 554
4. Armed carjacking under s. 812.133(2)(a) that involves 555
the use or possession of a firearm as defined in s. 790.001. 556
5. Having a firearm while committing a felony under s. 557
790.07(2). 558
6. Armed burglary under s. 810.02(2)(b) that involves the 559
use or possession of a firearm as defined in s. 790.001. 560
7. Delinquent in possession of a firear m under s. 561
790.23(1)(b). 562
8. An attempt to commit any offense listed in this 563
paragraph under s. 777.04. 564
(h) For a child who meets the criteria in paragraph (g): 565
1. There is a presumption that the child is a risk to 566
public safety and danger to the comm unity and such child must be 567
held in secure detention prior to an adjudicatory hearing, 568
unless the court enters a written order that the child would not 569
pose a risk to public safety or a danger to the community if he 570
or she were placed on supervised releas e detention care. 571
2. The written order releasing a child from secure 572
detention must be based on clear and convincing evidence why the 573
child does not present a risk to public safety or a danger to 574
the community and must list the child's prior adjudicatio ns, 575
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dispositions, and prior violations of pretrial release orders. 576
The court releasing a child from secure detention under this 577
subparagraph shall place the child on supervised release 578
detention care with electronic monitoring until the child's 579
adjudicatory hearing. 580
3. If an adjudicatory hearing has not taken place after 60 581
days of secure detention for a child held in secure detention 582
under this paragraph, the court must prioritize the efficient 583
disposition of cases and hold a review hearing within each 584
successive 7-day review period until the adjudicatory hearing or 585
the child is placed on supervised release with electronic 586
monitoring under subparagraph 2. 587
4. If the court, under this section, releases a child to 588
supervised release detention care, the c ourt must provide a copy 589
of the written notice to the victim, to the law enforcement 590
agency that arrested the child, and to the law enforcement 591
agency with primary jurisdiction over the child's primary 592
residence. 593
(3)(a) The purpose of the detention heari ng required under 594
subsection (1) is to determine the existence of probable cause 595
that the child has committed the delinquent act or violation of 596
law that he or she is charged with and the need for continued 597
detention. The court shall consider use the results of the risk 598
assessment performed by the department and, based on the 599
criteria in subsection (1), shall determine the need for 600
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continued detention. If the child is a prolific juvenile 601
offender who is detained under s. 985.26(2)(c), the court shall 602
consider use the results of the risk assessment performed by the 603
department and the criteria in subsection (1) or subsection (2) 604
only to determine whether the prolific juvenile offender should 605
be held in secure detention. 606
(b) If The court may order orders a placement more or less 607
restrictive than indicated by the results of the risk assessment 608
instrument, and, if the court does so, shall state, in writing, 609
clear and convincing reasons for such placement. 610
(c) Except as provided in s. 790.22(8) or s. 985.27, when 611
a child is placed into detention care, or into a respite home or 612
other placement pursuant to a court order following a hearing, 613
the court order must include specific instructions that direct 614
the release of the child from such placement no later than 5 615
p.m. on the last day of the detention period specified in s. 616
985.26 or s. 985.27, whichever is applicable, unless the 617
requirements of such applicable provision have been met or an 618
order of continuance has been granted under s. 985.26(4). If the 619
court order does not include a release date, the release date 620
shall be requested from the court on the same date that the 621
child is placed in detention care. If a subsequent hearing is 622
needed to provide additional information to the court for safety 623
planning, the initial order placing the child in detention care 624
shall reflect the next detention review hearing, which shall be 625
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held within 3 calendar days after the child's initial detention 626
placement. 627
Section 10. Paragraph (b) of subsection (2) of section 628
985.26, Florida Statutes, is amended to read: 629
985.26 Length of detention. — 630
(2) 631
(b) The court may order the child held in secure detention 632
beyond 21 days based on the nature of the charge under the 633
following circumstances: 634
1. Upon good cause being shown that the nature of the 635
charge requires additional time for the prosecution or defense 636
of the case or that the totality of the circumstances, including 637
the preservation of public safety, warrants an extension, the 638
court may extend the length of secure detention care for up to 639
an additional 21 days if the child is charged with an offense 640
which, if committed by an adult, would be a capital felony, a 641
life felony, a felony of the first degree or the second degree, 642
a felony of the third degree involving violence against any 643
individual, or any other offense involving the possession or use 644
of a firearm. Except as otherwise provided for certain offenses 645
and as set forth in subparagraph 2., the court may continue to 646
extend the period of s ecure detention care in increments of up 647
to 21 days each by conducting a hearing before the expiration of 648
the current period to determine the need for continued secure 649
detention of the child. At the hearing, the court must make the 650
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required findings in wri ting to extend the period of secure 651
detention. If the court extends the time period for secure 652
detention care, it shall ensure an adjudicatory hearing for the 653
case commences as soon as is reasonably possible considering the 654
totality of the circumstances. T he court shall prioritize the 655
efficient disposition of cases in which the child has served 60 656
or more days in secure detention care. 657
2. Any child held in secure detention under s. 658
985.255(1)(g). 659
a. There is a presumption that the child is a risk to 660
public safety and danger to the community and such child must be 661
held in secure detention prior to an adjudicatory hearing, 662
unless the court enters a written order that the child would not 663
pose a risk to public safety or a danger to the community if he 664
or she were placed on supervised release detention care. 665
b. The written order releasing a child from secure 666
detention must be based on clear and convincing evidence why the 667
child does not present a risk to public safety or a danger to 668
the community and must list the child's prior adjudications, 669
dispositions and prior violations of pretrial release orders. 670
The court releasing a child from secure detention under this 671
subparagraph shall place the child on supervised release 672
detention care with electronic monitoring until the child's 673
adjudicatory hearing. 674
c. If an adjudicatory hearing has not taken place after 60 675
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days of secure detention for a child held in secure detention 676
under this paragraph, the court must hold a review hearing 677
within each successive 7 -day review period until the 678
adjudicatory hearing or the ch ild is placed on supervised 679
release with electronic monitoring under sub -subparagraph b. 680
d. If the court, under this subparagraph, releases a child 681
to supervised release detention care, the court must provide a 682
copy of the written notice to the victim, t he law enforcement 683
agency that arrested the child, and the law enforcement agency 684
with primary jurisdiction over the child's primary residence. 685
Section 11. Paragraph (d) is added to subsection (7) of 686
section 985.433, Florida Statutes, and subsections ( 8) and (9) 687
of that section are amended, to read: 688
985.433 Disposition hearings in delinquency cases. —When a 689
child has been found to have committed a delinquent act, the 690
following procedures shall be applicable to the disposition of 691
the case: 692
(7) If the court determines that the child should be 693
adjudicated as having committed a delinquent act and should be 694
committed to the department, such determination shall be in 695
writing or on the record of the hearing. The determination shall 696
include a specific finding of the reasons for the decision to 697
adjudicate and to commit the child to the department, including 698
any determination that the child was a member of a criminal 699
gang. 700
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(d) Any child adjudicated by the court and committed to 701
the department under a restricti veness level defined in s. 702
985.03(44) for any offense or attempted offense involving a 703
firearm must be placed on conditional release, as defined in s. 704
985.03, for a period of 1 year after release from the commitment 705
program. Such term of conditional releas e shall include 706
electronic monitoring of the child by the department for the 707
initial 6 months at times and under terms and conditions set by 708
the department. 709
(8) If the court determines not to adjudicate and commit 710
to the department, then the court shall determine what 711
community-based sanctions it will impose in a probation program 712
for the child. Community -based sanctions may include, but are 713
not limited to, participation in substance abuse treatment, a 714
day-treatment probation program, restitution in money or in 715
kind, a curfew, revocation or suspension of the driver license 716
of the child, community service, and appropriate educational 717
programs as determined by the district school board. 718
(a) Where a child is found to have committed an offense 719
that involves the use or possession of a firearm, as defined in 720
s. 790.001, other than a violation of s. 790.22(3), or is found 721
to have committed an offense during the commission of which the 722
child possessed a firearm, and the court has decided not to 723
commit the child to a residential program, the court shall 724
order, in addition to any other punishment provided by law: 725
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1. For a first offense, a child shall: 726
a. Serve a period of detention of 30 days in a secure 727
detention facility, with credit for time served in secure 728
detention prior to disposition. 729
b. Perform 100 hours of community service or paid work as 730
determined by the department. 731
c. Be placed on probation for a period of at least 1 year. 732
Such term of probation shall include electronic monitoring of 733
the child by the department at times and under terms and 734
conditions set by the department. 735
2. In addition to these penalties, the court may impose 736
the following restrictions upon the child's driving privileges: 737
a. If the child is eligible by reason of age for a driver 738
license or driving privilege, the court may direct the 739
Department of Highway Safety and Motor Vehicles to revoke or to 740
withhold issuance of the child's driver license or driving 741
privilege for up to 1 year. 742
b. If the child's driver license or drivi ng privilege is 743
under suspension or revocation for any reason, the court may 744
direct the Department of Highway Safety and Motor Vehicles to 745
extend the period of suspension or revocation by an additional 746
period for up to 1 year. 747
c. If the child is ineligib le by reason of age for a 748
driver license or driving privilege, the court may direct the 749
Department of Highway Safety and Motor Vehicles to withhold 750
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issuance of the minor's driver license or driving privilege for 751
up to 1 year after the date on which the chi ld would otherwise 752
have become eligible. 753
754
For the purposes of this paragraph, community service shall be 755
performed, if possible, in a manner involving a hospital 756
emergency room or other medical environment that deals on a 757
regular basis with trauma patients and gunshot wounds. 758
(b) A child who has previously had adjudication withheld 759
for any of the following offenses shall not be eligible for a 760
second or subsequent withhold of adjudication on a listed 761
offense, and must be adjudicated delinquent and committe d to a 762
residential program: 763
1. Armed robbery involving a firearm under s. 764
812.13(2)(a). 765
2. Armed carjacking under s. 812.133(2)(a) involving the 766
use or possession of a firearm as defined in s. 790.001. 767
3. Having a firearm while committing a felony un der s. 768
790.07(2). 769
4. Armed burglary under s. 810.02(2)(b) involving the use 770
or possession of a firearm as defined in s. 790.001. 771
5. Delinquent in possession of a firearm under s. 772
790.23(1)(b). 773
6. An attempt to commit any offense listed in this 774
paragraph under s. 777.04. 775
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(9) After appropriate sanctions for the offense are 776
determined, including any minimum sanctions required by this 777
section, the court shall develop, approve, and order a plan of 778
probation that will contain rules, requirements, conditio ns, and 779
rehabilitative programs, including the option of a day -treatment 780
probation program, that are designed to encourage responsible 781
and acceptable behavior and to promote both the rehabilitation 782
of the child and the protection of the community. 783
Section 12. Subsections (1), (3), and (4) of section 784
985.435, Florida Statutes, are amended to read: 785
985.435 Probation and postcommitment probation ; community 786
service.— 787
(1) The court that has jurisdiction over an adjudicated 788
delinquent child may, by an order stating the facts upon which a 789
determination of a sanction and rehabilitative program was made 790
at the disposition hearing, place the child in a probation 791
program or a postcommitment probation program . Such placement 792
must be under the supervision of an authorized agent of the 793
department or of any other person or agency specifically 794
authorized and appointed by the court, whether in the child's 795
own home, in the home of a relative of the child, or in some 796
other suitable place under such reasonable conditions as the 797
court may direct. 798
(3) A probation program must also include a rehabilitative 799
program component such as a requirement of participation in 800
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substance abuse treat ment or in a school or career and technical 801
education program. The nonconsent of the child to treatment in a 802
substance abuse treatment program in no way precludes the court 803
from ordering such treatment. Upon the recommendation of the 804
department at the time of disposition, or subsequent to 805
disposition pursuant to the filing of a petition alleging a 806
violation of the child's conditions of postcommitment probation, 807
the court may order the child to submit to random testing for 808
the purpose of detecting and monito ring the use of alcohol or 809
controlled substances. 810
(4) A probation program must may also include an 811
alternative consequence component to address instances in which 812
a child is noncompliant with technical conditions of his or her 813
probation but has not commi tted any new violations of law. The 814
alternative consequence component must be aligned with the 815
department's graduated response matrix as described in s. 816
985.438 Each judicial circuit shall develop, in consultation 817
with judges, the state attorney, the publi c defender, the 818
regional counsel, relevant law enforcement agencies, and the 819
department, a written plan specifying the alternative 820
consequence component which must be based upon the principle 821
that sanctions must reflect the seriousness of the violation, 822
the assessed criminogenic needs and risks of the child, the 823
child's age and maturity level, and how effective the sanction 824
or incentive will be in moving the child to compliant behavior. 825
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The alternative consequence component is designed to provide 826
swift and appropriate consequences or incentives to a child who 827
is alleged to be noncompliant with or in violation of probation. 828
If the probation program includes this component, specific 829
consequences that apply to noncompliance with specific technical 830
conditions of probation, as well as incentives used to move the 831
child toward compliant behavior, must be detailed in the 832
disposition order. 833
Section 13. Section 985.438, Florida Statutes, is created 834
to read: 835
985.438 Graduated response matrix. — 836
(1) The department shall create and administer a statewide 837
plan to hold youths accountable to the terms of their court 838
ordered probation and the terms of their conditional release. 839
The plan must be based upon the principle that sanctions must 840
reflect the seriousness of the violation, provide immediate 841
accountability for violations, the assessed criminogenic needs 842
and risks of the child, the child's age and maturity level. The 843
plan is designed to provide swift and appropriate consequences 844
or incentives to a child who is alleg ed to be noncompliant with 845
or in violation of probation. 846
(2) The graduated response matrix shall outline sanctions 847
for youth based on their risk to reoffend and shall include, but 848
not be limited to: 849
(a) Increased contacts. 850
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(b) Increased drug tests. 851
(c) Curfew reductions. 852
(d) Increased community service. 853
(e) Additional evaluations. 854
(f) Addition of electronic monitoring. 855
(3) The graduated response matrix shall be adopted in rule 856
by the department. 857
Section 14. Section 985.439, Florida Statutes, is amended 858
to read: 859
985.439 Violation of probation or postcommitment 860
probation.— 861
(1)(a) This section is applicable when the court has 862
jurisdiction over a child on probation or postcommitment 863
probation, regardless of adjudication. 864
(b) If the conditions of the probation program or the 865
postcommitment probation program are violated, the department or 866
the state attorney may bring the child before the court on a 867
petition alleging a violation of the program. A child who 868
violates the conditions of p robation or postcommitment probation 869
must be brought before the court if sanctions are sought. 870
(c) Upon receiving notice of a violation of probation from 871
the department, the state attorney must file the violation 872
within 5 days or provide in writing to th e department and the 873
court a reason as to why he or she is not filing. 874
(2) A child taken into custody under s. 985.101 for 875
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violating the conditions of probation shall be screened and 876
detained or released based on his or her risk assessment 877
instrument score. 878
(3) If the child denies violating the conditions of 879
probation or postcommitment probation , the court shall, upon the 880
child's request, appoint counsel to represent the child. 881
(4) Upon the child's admission, or if the court finds 882
after a hearing that the child has violated the conditions of 883
probation or postcommitment probation , the court shall enter an 884
order revoking, modifying, or continuing probation or 885
postcommitment probation . In each such case, the court shall 886
enter a new disposition order and, in addition to the sanctions 887
set forth in this section, may impose any sanction the court 888
could have imposed at the original disposition hearing. If the 889
child is found to have violated the conditions of probation or 890
postcommitment probation , the court may: 891
(a) Place the child in supervised release detention with 892
electronic monitoring. 893
(b) If the violation of probation is technical in nature 894
and not a new violation of law, place the child in an 895
alternative consequence program designed to provide swift an d 896
appropriate consequences to any further violations of probation. 897
1. Alternative consequence programs shall be established, 898
within existing resources, at the local level in coordination 899
with law enforcement agencies, the chief judge of the circuit, 900
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the state attorney, and the public defender. 901
2. Alternative consequence programs may be operated by an 902
entity such as a law enforcement agency, the department, a 903
juvenile assessment center, a county or municipality, or another 904
entity selected by the departme nt. 905
3. Upon placing a child in an alternative consequence 906
program, the court must approve specific consequences for 907
specific violations of the conditions of probation. 908
(c) Modify or continue the child's probation program or 909
postcommitment probation pro gram. 910
(d) Revoke probation or postcommitment probation and 911
commit the child to the department. 912
(e) Allow the department to place a youth on electronic 913
monitoring for a violation of probation if it determines doing 914
so will preserve and protect public safety. 915
(5) Upon the recommendation of the department at the time 916
of disposition, or subsequent to disposition pursuant to the 917
filing of a petition alleging a violation of the child's 918
conditions of postcommitment probation, the court may order the 919
child to submit to random testing for the purpose of detecting 920
and monitoring the use of alcohol or controlled substances. 921
Section 15. Subsection (5) is added to section 985.455, 922
Florida Statutes, to read: 923
985.455 Other dispositional issues. — 924
(5) If the court orders revocation or suspension of a 925
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child's driver license as part of a disposition, the court may, 926
upon finding a compelling circumstance to warrant an exception, 927
direct the Department of Highway Safety and Motor Vehicles to 928
issue a license for dri ving privileges restricted to business or 929
employment purposes only, as defined in s. 322.271. 930
Section 16. Subsections (2), (3), and (5) of section 931
985.46, Florida Statutes, are amended, and subsection (6) is 932
added to that section, to read: 933
985.46 Conditional release.— 934
(2) It is the intent of the Legislature that: 935
(a) Commitment programs include rehabilitative efforts on 936
preparing committed juveniles for a successful release to the 937
community. 938
(b) Conditional release transition planning begins as 939
early in the commitment process as possible. 940
(c) Each juvenile committed to a residential commitment 941
shall receive conditional release services program be assessed 942
to determine the need for conditional release services upon 943
release from the commitment pr ogram unless the youth is directly 944
released by the court . 945
(3) For juveniles referred or committed to the department, 946
the function of the department may include, but shall not be 947
limited to, supervising each juvenile on conditional release 948
when assessing each juvenile placed in a residential commitment 949
program to determine the need for conditional release services 950
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upon release from the program, supervising the juvenile when 951
released into the community from a residential commitment 952
facility of the departmen t, providing such counseling and other 953
services as may be necessary for the families and assisting 954
their preparations for the return of the child. Subject to 955
specific appropriation, the department shall provide for 956
outpatient sexual offender counseling for any juvenile sexual 957
offender released from a residential commitment program as a 958
component of conditional release. 959
(5) Conditional release supervision shall contain, at a 960
minimum, the following conditions: 961
(a)(5) Participation in the educational progr am by 962
students of compulsory school attendance age pursuant to s. 963
1003.21(1) and (2)(a) is mandatory for juvenile justice youth on 964
conditional release or postcommitment probation status. A 965
student of noncompulsory school -attendance age who has not 966
received a high school diploma or its equivalent must 967
participate in an educational program or career and technical 968
education course of study. A youth who has received a high 969
school diploma or its equivalent and is not employed must 970
participate in workforce develo pment or other career or 971
technical education or attend a community college or a 972
university while in the program , subject to available funding . 973
(b) A curfew. 974
(c) A prohibition on contact with victims, co -defendants, 975
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or known gang members. 976
(d) A prohibition on use of controlled substances. 977
(e) A prohibition on possession of firearms. 978
(6) A youth who violates the terms of his or her 979
conditional release shall be assessed using the graduated 980
response matrix as described in s. 985.438. A youth who fails to 981
move into compliance shall be recommitted to a residential 982
facility. 983
Section 17. Paragraph (c) of subsection (1) of section 984
985.48, Florida Statutes, is amended to read: 985
985.48 Juvenile sexual offender commitment programs; 986
sexual abuse interventi on networks.— 987
(1) In order to provide intensive treatment and 988
psychological services to a juvenile sexual offender committed 989
to the department, it is the intent of the Legislature to 990
establish programs and strategies to effectively respond to 991
juvenile sexual offenders. In designing programs for juvenile 992
sexual offenders, it is the further intent of the Legislature to 993
implement strategies that include: 994
(c) Providing intensive postcommitment supervision of 995
juvenile sexual offenders who are released into t he community 996
with terms and conditions which may include electronic 997
monitoring of a juvenile sexual offender for the purpose of 998
enhancing public safety. 999
Section 18. Paragraph (a) of subsection (6) of section 1000
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985.4815, Florida Statutes, is amended to re ad: 1001
985.4815 Notification to Department of Law Enforcement of 1002
information on juvenile sexual offenders. — 1003
(6)(a) The information provided to the Department of Law 1004
Enforcement must include the following: 1005
1. The information obtained from the sexual offe nder under 1006
subsection (4). 1007
2. The sexual offender's most current address and place of 1008
permanent, temporary, or transient residence within the state or 1009
out of state, and address, location or description, and dates of 1010
any current or known future temporary residence within the state 1011
or out of state, while the sexual offender is in the care or 1012
custody or under the jurisdiction or supervision of the 1013
department in this state, including the name of the county or 1014
municipality in which the offender permanently or temporarily 1015
resides, or has a transient residence, and address, location or 1016
description, and dates of any current or known future temporary 1017
residence within the state or out of state; and, if known, the 1018
intended place of permanent, temporary, or transient residence, 1019
and address, location or description, and dates of any current 1020
or known future temporary residence within the state or out of 1021
state upon satisfaction of all sanctions. 1022
3. The legal status of the sexual offender and the 1023
scheduled termination da te of that legal status. 1024
4. The location of, and local telephone number for, any 1025
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department office that is responsible for supervising the sexual 1026
offender. 1027
5. An indication of whether the victim of the offense that 1028
resulted in the offender's status as a sexual offender was a 1029
minor. 1030
6. The offense or offenses at adjudication and disposition 1031
that resulted in the determination of the offender's status as a 1032
sex offender. 1033
7. A digitized photograph of the sexual offender, which 1034
must have been taken within 60 days before the offender was 1035
released from the custody of the department or a private 1036
correctional facility by expiration of sentence under s. 1037
944.275, or within 60 days after the onset of the department's 1038
supervision of any sexual offender who is on p robation, 1039
postcommitment probation, residential commitment, nonresidential 1040
commitment, licensed child -caring commitment, community control, 1041
conditional release, parole, provisional release, or control 1042
release or who is supervised by the department under th e 1043
Interstate Compact Agreement for Probationers and Parolees. If 1044
the sexual offender is in the custody of a private correctional 1045
facility, the facility shall take a digitized photograph of the 1046
sexual offender within the time period provided in this 1047
subparagraph and shall provide the photograph to the department. 1048
Section 19. Subsection (11) of section 985.601, Florida 1049
Statutes, is renumbered as subsection (12), and a new subsection 1050
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(11) is added to that section, to read: 1051
985.601 Administering the juven ile justice continuum. — 1052
(11) The department shall establish a class focused on the 1053
risk and consequences of youthful firearm offending which shall 1054
be provided by the department to any youth adjudicated or had 1055
adjudication withheld for any offense involvi ng the use or 1056
possession of a firearm. 1057
Section 20. Section 985.711, Florida Statutes, is amended 1058
to read: 1059
985.711 Introduction, removal, or possession of certain 1060
articles unlawful; penalty. — 1061
(1)(a) Except as authorized through program policy or 1062
operating procedure or as authorized by the facility 1063
superintendent, program director, or manager, a person may not 1064
introduce into or upon the grounds of a juvenile detention 1065
facility or commitment program, or take or send, or attempt to 1066
take or send, from a juvenile detention facility or commitment 1067
program, any of the following articles, which are declared to be 1068
contraband under this section: 1069
1. Any unauthorized article of food or clothing given or 1070
transmitted, or intended to be given or transmitted, to any 1071
youth in a juvenile detention facility or commitment program . 1072
2. Any intoxicating beverage or any beverage that causes 1073
or may cause an intoxicating effect. 1074
3. Any controlled substance as defined in s. 893.02(4), 1075
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marijuana as defined in s. 381.986, hem p as defined in s. 1076
581.217, industrial hemp as defined in s. 1004.4473, or any 1077
prescription or nonprescription drug that has a hypnotic, 1078
stimulating, or depressing effect. 1079
4. Any firearm or weapon of any kind or any explosive 1080
substance. 1081
5. Any cellular telephone or other portable communication 1082
device as described in s. 944.47(1)(a)6., intentionally and 1083
unlawfully introduced inside the secure perimeter of any 1084
juvenile detention facility or commitment program. As used in 1085
this subparagraph, the term "porta ble communication device" does 1086
not include any device that has communication capabilities which 1087
has been approved or issued by the facility superintendent, 1088
program director, or manager. 1089
6. Any vapor-generating electronic device as defined in s. 1090
386.203, intentionally and unlawfully introduced inside the 1091
secure perimeter of any juvenile detention facility or 1092
commitment program. 1093
7. Any currency or coin given or transmitted, or intended 1094
to be given or transmitted, to any youth of any juvenile 1095
detention facility or commitment program. 1096
8. Any cigarettes, as defined in s. 210.01(1) or tobacco 1097
products, as defined in s. 210.25, given, or intended to be 1098
given, to any youth in a juvenile detention facility or 1099
commitment program. 1100
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(b) A person may not transmit contraband to, cause 1101
contraband to be transmitted to or received by, attempt to 1102
transmit contraband to, or attempt to cause contraband to be 1103
transmitted to or received by, a juvenile offender into or upon 1104
the grounds of a juvenile detention facility or com mitment 1105
program, except as authorized through program policy or 1106
operating procedures or as authorized by the facility 1107
superintendent, program director, or manager. 1108
(c) A juvenile offender or any person, while upon the 1109
grounds of a juvenile detention faci lity or commitment program, 1110
may not be in actual or constructive possession of any article 1111
or thing declared to be contraband under this section, except as 1112
authorized through program policy or operating procedures or as 1113
authorized by the facility superinte ndent, program director, or 1114
manager. 1115
(2)(a) Any person who violates this section as it pertains 1116
to an article of contraband described in subparagraph (1)(a)1. 1117
commits a felony of the third degree, punishable as provided in 1118
s. 775.082, s. 775.083, or s. 7 75.084. 1119
(b) Any person who violates this section as it pertains to 1120
an article of contraband described in subparagraph (1)(a)5. or 1121
subparagraph (1)(a)6. commits a misdemeanor of the first degree, 1122
punishable as provided in s. 775.082 or s. 775.083. 1123
(c) In all other cases, A person who violates this section 1124
commits a felony of the second degree, punishable as provided in 1125
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s. 775.082, s. 775.083, or s. 775.084. 1126
Section 21. Paragraph (c) of subsection (2) of section 1127
1002.221, Florida Statutes, is amended to read: 1128
1002.221 K-12 education records; public records 1129
exemption.— 1130
(2) 1131
(c) In accordance with the FERPA and the federal 1132
regulations issued pursuant to the FERPA, an agency or 1133
institution, as defined in s. 1002.22, may release a student's 1134
education records without written consent of the student or 1135
parent to parties to an interagency agreement among the 1136
Department of Juvenile Justice, the school, law enforcement 1137
authorities, and other signatory agencies. Information provided 1138
pursuant to an interagency agreement may be used for proceedings 1139
initiated under chapter 984 or chapter 985 in furtherance of an 1140
interagency agreement is intended solely for use in determining 1141
the appropriate programs and services for each juvenile or the 1142
juvenile's family, or for c oordinating the delivery of the 1143
programs and services, and as such is inadmissible in any court 1144
proceeding before a dispositional hearing unless written consent 1145
is provided by a parent or other responsible adult on behalf of 1146
the juvenile. 1147
Section 22. Paragraph (b) of subsection (3) of section 1148
943.051, Florida Statutes, is amended to read: 1149
943.051 Criminal justice information; collection and 1150
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storage; fingerprinting. — 1151
(3) 1152
(b) A minor who is charged with or found to have committed 1153
the following offenses shall be fingerprinted and the 1154
fingerprints shall be submitted electronically to the 1155
department, unless the minor is issued a delinquency civil 1156
citation pursuant to s. 985.1 2: 1157
1. Assault, as defined in s. 784.011. 1158
2. Battery, as defined in s. 784.03. 1159
3. Carrying a concealed weapon, as defined in s. 1160
790.01(2). 1161
4. Unlawful use of destructive devices or bombs, as 1162
defined in s. 790.1615(1). 1163
5. Neglect of a child, as def ined in s. 827.03(1)(e). 1164
6. Assault or battery on a law enforcement officer, a 1165
firefighter, or other specified officers, as defined in s. 1166
784.07(2)(a) and (b). 1167
7. Open carrying of a weapon, as defined in s. 790.053. 1168
8. Exposure of sexual organs, as d efined in s. 800.03. 1169
9. Unlawful possession of a firearm, as defined in s. 1170
790.22(5). 1171
10. Petit theft, as defined in s. 812.014(3). 1172
11. Cruelty to animals, as defined in s. 828.12(1). 1173
12. Arson, as defined in s. 806.031(1). 1174
13. Unlawful possessio n or discharge of a weapon or 1175
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firearm at a school-sponsored event or on school property, as 1176
provided in s. 790.115. 1177
Section 23. Paragraph (b) of subsection (1) of section 1178
985.11, Florida Statutes, is amended to read: 1179
985.11 Fingerprinting and photogr aphing.— 1180
(1) 1181
(b) Unless the child is issued a delinquency civil 1182
citation or is participating in a similar diversion program 1183
pursuant to s. 985.12, a child who is charged with or found to 1184
have committed one of the following offenses shall be 1185
fingerprinted, and the fingerprints shall be submitted to the 1186
Department of Law Enforcement as provided in s. 943.051(3)(b): 1187
1. Assault, as defined in s. 784.011. 1188
2. Battery, as defined in s. 784.03. 1189
3. Carrying a concealed weapon, as defined in s. 1190
790.01(2). 1191
4. Unlawful use of destructive devices or bombs, as 1192
defined in s. 790.1615(1). 1193
5. Neglect of a child, as defined in s. 827.03(1)(e). 1194
6. Assault on a law enforcement officer, a firefighter, or 1195
other specified officers, as defined in s. 784.07(2)(a). 1196
7. Open carrying of a weapon, as defined in s. 790.053. 1197
8. Exposure of sexual organs, as defined in s. 800.03. 1198
9. Unlawful possession of a firearm, as defined in s. 1199
790.22(5). 1200
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10. Petit theft, as defined in s. 812.014. 1201
11. Cruelty to animals, as defined in s. 828.12(1). 1202
12. Arson, resulting in bodily harm to a firefighter, as 1203
defined in s. 806.031(1). 1204
13. Unlawful possession or discharge of a weapon or 1205
firearm at a school-sponsored event or on school property as 1206
defined in s. 790.115. 1207
1208
A law enforcement agency may fingerprint and photograph a child 1209
taken into custody upon probable cause that such child has 1210
committed any other violation of law, as the agency deems 1211
appropriate. Such fingerprint records and photographs shall be 1212
retained by the law enforcement agency in a separate file, and 1213
these records and all copies thereof must be marked "Juvenile 1214
Confidential." These records are not available for public 1215
disclosure and inspection under s. 119.07(1) except as provided 1216
in ss. 943.053 and 985.04(2) , but shall be available to other 1217
law enforcement agencies, criminal justice agencies, state 1218
attorneys, the courts, the child, the parents or legal 1219
custodians of the child, their attorneys, and any other person 1220
authorized by the court to have access to suc h records. In 1221
addition, such records may be submitted to the Department of Law 1222
Enforcement for inclusion in the state criminal history records 1223
and used by criminal justice agencies for criminal justice 1224
purposes. These records may, in the discretion of the court, be 1225
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open to inspection by anyone upon a showing of cause. The 1226
fingerprint and photograph records shall be produced in the 1227
court whenever directed by the court. Any photograph taken 1228
pursuant to this section may be shown by a law enforcement 1229
officer to any victim or witness of a crime for the purpose of 1230
identifying the person who committed such crime. 1231
Section 24. Paragraph (n) of subsection (2) of section 1232
1006.07, Florida Statutes, is amended to read: 1233
1006.07 District school board duties relating to student 1234
discipline and school safety. —The district school board shall 1235
provide for the proper accounting for all students, for the 1236
attendance and control of students at school, and for proper 1237
attention to health, safety, and other matters relating to the 1238
welfare of students, including: 1239
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1240
conduct for elementary schools and a code of student conduct for 1241
middle and high schools and distribute the appropriate code to 1242
all teachers, school personnel, students , and parents, at the 1243
beginning of every school year. Each code shall be organized and 1244
written in language that is understandable to students and 1245
parents and shall be discussed at the beginning of every school 1246
year in student classes, school advisory counc il meetings, and 1247
parent and teacher association or organization meetings. Each 1248
code shall be based on the rules governing student conduct and 1249
discipline adopted by the district school board and shall be 1250
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made available in the student handbook or similar pub lication. 1251
Each code shall include, but is not limited to: 1252
(n) Criteria for recommending to law enforcement that a 1253
student who commits a criminal offense be allowed to participate 1254
in a prearrest delinquency citation civil citation or similar 1255
prearrest diversion program as an alternative to expulsion or 1256
arrest. All prearrest delinquency citation civil citation or 1257
similar prearrest diversion programs must comply with s. 985.12. 1258
Section 25. This act shall take effect July 1, 2024. 1259